BY REPRESENTATIVES McPherson and Kaufman;
also SENATORS Schroeder, Arnold, Bishop, Chlouber,
Coffman, Congrove, Dennis, Mutzebaugh, Norton, Powers, and Weddig.
CONCERNING THE USE OF INMATE LABOR FOR DISASTER RELIEF.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article
24 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
1724124. Inmate disaster
relief program legislative declaration.
(1) THE GENERAL ASSEMBLY FINDS THAT INMATES HOUSED
IN CERTAIN PRISON FACILITIES THROUGHOUT THE STATE FORM A LABOR
POOL THAT COULD BE SAFELY UTILIZED TO FIGHT FOREST FIRES, HELP
WITH FLOOD RELIEF, AND ASSIST IN THE PREVENTION OF OR CLEAN UP
AFTER OTHER NATURAL OR MANMADE DISASTERS.
(2) AS USED IN THIS SECTION, UNLESS THE
CONTEXT OTHERWISE REQUIRES, "DISASTER" MEANS THE OCCURRENCE
OR IMMINENT THREAT OF WIDESPREAD OR SEVERE DAMAGE, INJURY, OR
LOSS OF LIFE OR PROPERTY RESULTING FROM ANY NATURAL CAUSE OR CAUSE
OF HUMAN ORIGIN, BUT "DISASTER" DOES NOT INCLUDE ANY
HAZARDOUS SUBSTANCE INCIDENT, OIL SPILL OR OTHER CONTAMINATION,
EPIDEMIC, AIR POLLUTION, BLIGHT, DROUGHT, INFESTATION, EXPLOSION,
CIVIL DISTURBANCE, OR HOSTILE MILITARY OR PARAMILITARY ACTION.
(3) THERE IS HEREBY ESTABLISHED IN THE
DIVISION THE INMATE DISASTER RELIEF PROGRAM, REFERRED TO IN THIS
SECTION AS THE "PROGRAM". THE PURPOSE OF THE PROGRAM
SHALL BE TO ESTABLISH ONE OR MORE INMATE DISASTER RELIEF CREWS
COMPOSED OF INMATES FROM MINIMUM RESTRICTIVE, OR MINIMUM SECURITY
FACILITIES. AN INMATE DISASTER RELIEF CREW MAY BE UTILIZED BY
THE STATE OR BY LOCAL OR FEDERAL GOVERNMENTAL AGENCIES THAT APPLY
TO THE DIVISION FOR ASSISTANCE.
(4) THE EXECUTIVE DIRECTOR SHALL PROMULGATE
RULES GOVERNING THE PROGRAM INCLUDING BUT NOT LIMITED TO:
(a) THE INMATES WHO ARE ELIGIBLE TO PARTICIPATE
IN THE PROGRAM;
(b) TYPES OF DISASTERS TO WHICH AN INMATE
DISASTER RELIEF CREW MAY BE SENT;
(c) THE SECURITY MEASURES THAT ARE REQUIRED
TO PREVENT ESCAPES AND PROTECT THE PUBLIC;
(d) THE PROCEDURES THAT MUST BE FOLLOWED
BEFORE AN INMATE DISASTER RELIEF CREW MAY BE UTILIZED;
(e) THE FEES THAT MAY BE CHARGED BY THE
DIVISION FOR THE PROVISION OF SERVICES BY AN INMATE DISASTER RELIEF
CREW; AND
(f) THE COMPENSATION THAT MAY BE PAID
TO INMATES PARTICIPATING IN THE PROGRAM.
(5) THE DIVISION IS AUTHORIZED TO PURCHASE
EQUIPMENT AND OBTAIN NECESSARY TRAINING FOR ANY INMATE DISASTER
RELIEF CREWS.
(6) THE DEPARTMENT IS AUTHORIZED TO SOLICIT,
ACCEPT, AND EXPEND GRANTS, DONATIONS, GIFTS, AND OTHER MONEYS
TO DEFER THE COSTS OF EQUIPPING AND TRAINING ONE OR MORE INMATE
DISASTER RELIEF CREWS. THE PROGRAM SHALL NOT BE IMPLEMENTED OR
MADE AVAILABLE TO OTHER AGENCIES UNTIL SUFFICIENT MONEYS ARE AVAILABLE
FROM APPROPRIATIONS, GRANTS, DONATIONS, GIFTS, AND OTHER MONEYS
TO COVER THE COSTS OF EQUIPPING AND TRAINING AT LEAST ONE INMATE
DISASTER RELIEF CREW. IT IS THE INTENT OF THE GENERAL ASSEMBLY
THAT NO GENERAL FUND REVENUES BE USED FOR THIS PROGRAM.
SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO
Created: 3/18/98 Updated: 3/18/98