HOUSE BILL 971318
BY REPRESENTATIVES Adkins, Epps, George, Hagedorn, Reeser, Schwarz, and Tool;
also SENATORS Lacy, J. Johnson, Powers, Schroeder,
and Tebedo.
CONCERNING TREATMENT OF JUVENILES WHO ARE INVOLVED
IN THE JUVENILE JUSTICE SYSTEM, AND, IN CONNECTION THEREWITH,
AUTHORIZING THE DEPARTMENT OF HUMAN SERVICES TO CONTRACT FOR A
JUVENILE FACILITY AND MAKING AN APPROPRIATION THEREFOR.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part
4 of article 2 of title 19, Colorado Revised Statutes, 1986 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
192411.5. Juvenile facility
contract for design, construction, and operation.
(1) THE DEPARTMENT OF HUMAN SERVICES IS HEREBY AUTHORIZED
TO CONTRACT WITH A SINGLE PRIVATE ENTITY FOR THE DESIGN, CONSTRUCTION,
AND OPERATION OF A FIVEHUNDREDBED RESIDENTIAL JUVENILE
FACILITY TO HOUSE JUVENILES WHO ARE IN THE CUSTODY OF THE DEPARTMENT
OF HUMAN SERVICES. THE JUVENILE FACILITY SHALL FOLLOW AN ACADEMIC
CORRECTIONAL MODEL, PROVIDING EDUCATIONAL, VOCATIONAL, AND POSITIVE
DEVELOPMENTAL PROGRAMMING. THE JUVENILE FACILITY SHALL BE CONSTRUCTED
IN A CAMPUSSTYLE DESIGN AND LOCATED ON THE PARCEL OF REAL
PROPERTY FORMERLY KNOWN AS THE LOWRY BOMBING RANGE. THE STATE
SHALL RETAIN OWNERSHIP OF THE JUVENILE FACILITY CONSTRUCTED AND
OPERATED PURSUANT TO THIS SECTION. NOTHING IN THIS SECTION SHALL
BE CONSTRUED AS REQUIRING THAT THE PARCEL OF REAL PROPERTY FORMERLY
KNOWN AS THE LOWRY BOMBING RANGE BE USED EXCLUSIVELY FOR THE JUVENILE
FACILITY CONSTRUCTED PURSUANT TO THIS SECTION.
(2) ON OR BEFORE JANUARY 31, 1998, THE
DEPARTMENT SHALL ISSUE A REQUEST FOR PROPOSALS FOR THE DESIGN,
CONSTRUCTION, AND OPERATION OF THE JUVENILE FACILITY. THE EXECUTIVE
DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH THE
TIME AND MANNER FOR SUBMITTING PROPOSALS AND SHALL SELECT A CONTRACTOR
ON OR BEFORE JUNE 1, 1998. IN CHOOSING A CONTRACTOR, THE EXECUTIVE
DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES SHALL ENSURE THAT
THE CONTRACTOR AND THE CONTRACT MEET THE FOLLOWING REQUIREMENTS:
(a) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
OF HUMAN SERVICES SHALL SELECT THE LOWEST RESPONSIBLE BID BY THE
CONTRACTOR MOST QUALIFIED TO OPERATE THE JUVENILE FACILITY ON
AN ACADEMIC CORRECTIONAL MODEL, SUBJECT TO AVAILABLE APPROPRIATIONS.
PRIOR TO FINAL SELECTION, THE EXECUTIVE DIRECTOR SHALL CONFIRM
THAT THE CONTRACTOR HAS THE QUALIFICATIONS, EXPERIENCE, AND MANAGEMENT
PERSONNEL NECESSARY TO CARRY OUT THE TERMS OF THE CONTRACT.
(b) THE CONTRACTOR SHALL AGREE TO INDEMNIFY
THE STATE AND THE DEPARTMENT OF HUMAN SERVICES, INCLUDING THEIR
OFFICIALS AND AGENTS, AGAINST ANY AND ALL LIABILITY INCLUDING
BUT NOT LIMITED TO ANY CIVIL RIGHTS CLAIMS. THE DEPARTMENT OF
HUMAN SERVICES SHALL REQUIRE PROOF OF SATISFACTORY INSURANCE,
THE AMOUNT OF WHICH SHALL BE DETERMINED BY THE DEPARTMENT OF HUMAN
SERVICES FOLLOWING CONSULTATION WITH THE DIVISION OF INSURANCE
IN THE DEPARTMENT OF REGULATORY AGENCIES.
(c) THE PROPOSED JUVENILE FACILITY AND
THE MANAGEMENT PLAN FOR JUVENILES HOUSED AT THE FACILITY SHALL
MEET THE REQUIREMENTS OF APPLICABLE COURT ORDERS AND STATE LAW.
(d) THE CONTRACTOR SHALL BE RESPONSIBLE
FOR A RANGE OF DENTAL, MEDICAL, AND PSYCHOLOGICAL SERVICES AND
DIET, EDUCATION, AND WORK PROGRAMS AT LEAST EQUAL TO THOSE SERVICES
AND PROGRAMS PROVIDED BY THE DEPARTMENT OF HUMAN SERVICES AT COMPARABLE
STATE JUVENILE FACILITIES. THE WORK AND EDUCATION PROGRAMS SHALL
BE DESIGNED TO REDUCE RECIDIVISM.
(e) THE DEPARTMENT OF HUMAN SERVICES SHALL
MONITOR THE JUVENILE FACILITY, AND THE CONTRACTOR SHALL BEAR THE
COSTS OF MONITORING.
(3) UPON COMPLETION OF THE CONSTRUCTION
OF THE JUVENILE FACILITY CONTRACTED FOR PURSUANT TO THIS SECTION,
THE CONTRACT FOR OPERATION OF THE FACILITY SHALL BE SUBJECT TO
ANNUAL RENEWAL. THE INITIAL CONTRACT FOR DESIGN, CONSTRUCTION,
AND OPERATION OF THE JUVENILE FACILITY AND SUBSEQUENT CONTRACTS
FOR OPERATION OF THE JUVENILE FACILITY ENTERED INTO PURSUANT TO
THIS SECTION SHALL SPECIFY THE RESPONSIBILITIES TO BE RETAINED
BY THE DEPARTMENT OF HUMAN SERVICES WITH REGARD TO JUVENILES HOUSED
AT THE JUVENILE FACILITY AND THE RESPONSIBILITIES TO BE EXERCISED
BY THE CONTRACTOR.
(4) THE CONTRACTOR SHALL REQUIRE APPLICANTS
FOR EMPLOYMENT AT THE JUVENILE FACILITY TO SUBMIT A SET OF FINGERPRINTS
TO THE COLORADO BUREAU OF INVESTIGATION FOR A CRIMINAL BACKGROUND
CHECK, AND THE COLORADO BUREAU OF INVESTIGATION MAY ACCEPT SUCH
FINGERPRINTS. FOR THE PURPOSE OF CONDUCTING BACKGROUND CHECKS,
TO THE EXTENT AUTHORIZED BY FEDERAL LAW, THE COLORADO BUREAU OF
INVESTIGATION MAY EXCHANGE WITH THE DEPARTMENT ANY STATE, MULTISTATE,
AND FEDERAL CRIMINAL HISTORY RECORDS OF INDIVIDUALS WHO APPLY
FOR EMPLOYMENT AT THE JUVENILE FACILITY.
(5) BEGINNING TWELVE MONTHS AFTER THE
JUVENILE FACILITY CONSTRUCTED PURSUANT TO THIS SECTION BEGINS
OPERATIONS, AND ANNUALLY THEREAFTER, THE DIVISION OF YOUTH CORRECTIONS
SHALL CALCULATE THE RECIDIVISM RATE FOR JUVENILES WHO COMPLETE
THE PROGRAM OFFERED BY THE JUVENILE FACILITY. IN CALCULATING
THE RECIDIVISM RATE, THE DIVISION SHALL INCLUDE ANY JUVENILE WHO
COMMITS A CRIMINAL OFFENSE, EITHER AS A JUVENILE OR AS AN ADULT,
WITHIN THREE YEARS AFTER LEAVING THE FACILITY. THE DIVISION SHALL
REPORT THE RECIDIVISM RATE TO THE GENERAL ASSEMBLY.
SECTION 2. 2475302
(2) (j), Colorado Revised Statutes, 1988 Repl. Vol., as amended,
is amended to read:
2475302. Capital construction fund
capital assessment fees calculation.
(2) As of July 1, 1988, and July 1 of each year thereafter through
July 1, 1998, a sum as specified in this subsection (2) shall
accrue to the capital construction fund. The state treasurer and
the controller shall transfer such sum out of the general fund
and into the capital construction fund as moneys become available
in the general fund during the fiscal year beginning on said July
1. Transfers between funds pursuant to this subsection (2) shall
not be deemed to be appropriations subject to the limitations
of section 2475201.1. The amount which shall accrue
pursuant to this subsection (2) shall be as follows:
(j) On July 1, 1997, fifty million dollars PLUS
TWO MILLION SEVEN HUNDRED THIRTYSIX THOUSAND TWO HUNDRED
FIFTY DOLLARS PURSUANT TO H.B. 971318, ENACTED AT THE FIRST
REGULAR SESSION OF THE SIXTYFIRST GENERAL ASSEMBLY; and
SECTION 3. Appropriation.
In addition to any other appropriation, there is hereby appropriated,
out of any moneys in the capital construction fund created in
section 2475302, Colorado Revised Statutes, not otherwise
appropriated, to the department of human services for allocation
to the division of youth corrections, for the fiscal year beginning
July 1, 1997, the sum of two million seven hundred thirtysix
thousand two hundred fifty dollars ($2,736,250), or so much thereof
as may be necessary, for the implementation of this act. The
appropriation made by this section shall become available to the
department upon passage of this act and, if any project is initiated
within the fiscal year, the appropriation shall remain available
until completion of all the projects or for a period of three
years, whichever comes first, at which time the unexpended and
unencumbered balance shall revert to the capital construction
fund.
SECTION 4. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO