Colorado Legislative Council Staff
NO FISCAL IMPACT
January 14, 1998
Janis Baron (866-3523)
TITLE: CONCERNING THE TRANSPORTATION OF PRISONERS THROUGH THE STATE.
Summary of Assessment
The bill pertains to the transportation of prisoners through the state and includes the following provisions:
• contracting entity — any person or entity contracting with this state, another state, or a political subdivision of this or another state to transport a prisoner;
• prisoner — any person convicted of an offense in Colorado or any other state or any person under arrest for suspicion of the commission of a crime in Colorado or any other state;
• supervising individual — a person employed by a contracting entity to transport prisoners from one location to another; and
• transport — to move a prisoner into, out of , or through the state of Colorado.
• the prisoner shall be under the observation of at least one, awake supervising individual;
• whenever it is necessary for one or more prisoners to sleep outside of the vehicle, the prisoners shall be housed overnight in a county jail;
• the contracting entity or supervising individual shall notify (including prisoner’s name, date of birth, and criminal history) the sheriff of the county in which the prisoner is to be housed at least 24 hours prior to delivery of the prisoner to the jail;
• the contracting entity shall pay to the county providing overnight housing the actual cost of housing the prisoner in the jail;
• the local sheriff shall be notified whenever a vehicle transporting prisoners stops for more than one hour for any reason;
• any individual or entity who fails to comply with the five requirements stated above, is guilty of a misdemeanor, and upon conviction, imposes a fine of not more than $5,000 for failure; and
• if a prisoner escapes due to negligence, the contracting entity or supervising individual may be held liable for all costs incurred in apprehending the escaped prisoner.
The bill is effective upon signature of the Governor.
The bill is assessed as having no fiscal impact on state and local agencies. The bill places requirements and penalties on: (1) contracting entities; and (2) the supervising individuals employed by those contracting entities. When required, the Department of Corrections (DOC), under a current contract with TransCor, uses it to transport prisoners. Contract requirements include notification, reimbursing jails, and high-risk prisoners must be transported by a minimum of two officers. The bill places in statute, contractual requirements of current practice.