HOUSE BILL 981178
BY REPRESENTATIVES Snyder and Pfiffner;
also SENATORS Bishop, Arnold, Congrove, Dennis, and
Powers.
CONCERNING THE USE OF INMATE LABOR AT NONSTATEOWNED
FACILITIES.
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:
1724125. Correctional industries
at nonstateowned facilities repeal.
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "INMATE LABOR PROGRAM" MEANS
A PROGRAM OPERATED AT A NONSTATEOWNED PRISON FACILITY AS
A BUSINESS OR FOR PROFIT UTILIZING IN WHOLE OR IN PART LABOR OF
INMATES, EXCEPT THAT "INMATE LABOR PROGRAM" DOES NOT
INCLUDE A PROGRAM THAT IS OPERATED BY A LOCAL GOVERNMENT OR COMBINATION
OF LOCAL GOVERNMENTS OF THIS STATE AS A NONPROFIT BUSINESS WITHIN
THE JURISDICTION BOUNDARIES OF THE LOCAL GOVERNMENT OR GOVERNMENTS
AND WHOSE OPERATION HAS BEEN REVIEWED AND APPROVED BY THE LOCAL
GOVERNMENT OR LOCAL GOVERNMENTS.
(b) "NONSTATEOWNED PRISON FACILITY"
MEANS ANY PRIVATE CORRECTIONAL FACILITY OR ANY JAIL OR OTHER DETENTION
FACILITY OPERATED BY A POLITICAL SUBDIVISION OF THE STATE THAT
HOUSES STATE PRISONERS OR THAT HOUSES INMATES FROM ANOTHER STATE
WHOSE INCARCERATION IN THIS STATE IS APPROVED PURSUANT TO SECTION
171104.5; EXCEPT THAT "NONSTATEOWNED PRISON
FACILITY" SHALL NOT INCLUDE A JAIL OR OTHER DETENTION FACILITY
OPERATED BY A POLITICAL SUBDIVISION OF THE STATE THAT ONLY HOUSES
STATE PRISONERS PURSUANT TO A CONTRACT UNDER SECTION 1611308.5
(2), C.R.S., OR A FACILITY IN WHICH A COMMUNITY CORRECTIONS PROGRAM
IS OPERATED PURSUANT TO ARTICLE 27 OF THIS TITLE.
(2) (a) ON AND AFTER MARCH 1, 1999,
ALL INMATE LABOR PROGRAMS OPERATED AT A NONSTATEOWNED PRISON
FACILITY SHALL BE APPROVED BY THE DIVISION PRIOR TO COMMENCING
OPERATIONS.
(b) (I) ANY INMATE LABOR PROGRAM
IN OPERATION PRIOR TO MARCH 1, 1999, SHALL BE APPROVED ON OR BEFORE
MAY 1, 1999.
(II) THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE
JANUARY 1, 2000.
(3) (a) ON OR BEFORE FEBRUARY 1,
1999, THE DIVISION SHALL PROMULGATE RULES GOVERNING THE APPROVAL
REQUIRED BY SUBSECTION (2) OF THIS SECTION INCLUDING BUT NOT LIMITED
TO:
(I) ESTABLISHING A PROCEDURE FOR APPROVING
INMATE LABOR PROGRAMS THAT SHALL INCLUDE REVIEW BY THE CORRECTIONAL
INDUSTRIES ADVISORY COMMITTEE OF A BUSINESS PLAN FOR EACH INMATE
LABOR PROGRAM;
(II) ESTABLISHING THE DURATION OF ANY
APPROVAL AND PROCEDURES FOR REAPPROVAL AND REVOCATION OF ANY APPROVAL;
(III) REQUIRING ALL INMATE LABOR PROGRAMS
TO COMPLY WITH ALL FEDERAL LAWS AND REGULATIONS RELATING TO THE
USE OF INMATE LABOR;
(IV) REQUIRING THAT ALL GOODS OR SERVICES
BE PRICED AT PREVAILING MARKET RATES; EXCEPT THAT GOODS OR SERVICES
SOLD TO GOVERNMENTAL OR NONPROFIT ENTITIES MAY BE PRICED AT WHOLESALE
COST;
(V) REQUIRING THAT PERSONS EMPLOYED BY
A NONSTATEOWNED PRISON FACILITY SHALL NOT BE INVOLVED IN
DECISIONS INVOLVING THE INMATE LABOR PROGRAM RELATING TO PERSONS
OR ENTITIES WITH WHOM THE PERSON HAS A CONFLICT OR POTENTIAL CONFLICT
OF INTEREST;
(VI) REQUIRING THAT INMATES BE COMPENSATED
AS DETERMINED BY RULE PROMULGATED BY THE DEPARTMENT;
(VII) REQUIRING THAT ALL RECORDS PERTAINING
TO INMATE LABOR PROGRAMS SHALL BE AVAILABLE FOR INSPECTION AND
COPYING BY REPRESENTATIVES OF THE DIVISION TO ENSURE COMPLIANCE
WITH THIS SECTION AND ANY RULES PROMULGATED THEREUNDER; AND
(VIII) REQUIRING NONSTATEOWNED PRISON
FACILITIES TO REIMBURSE THE DIVISION FOR ANY EXPENSES INCURRED
IN CERTIFYING AND MONITORING THE INMATE LABOR PROGRAMS.
(b) THE RULES PROMULGATED PURSUANT TO
THIS SUBSECTION (3) SHALL BE SUBSTANTIALLY SIMILAR TO THE RULES
GOVERNING PROGRAMS AT FACILITIES OPERATED BY THE DEPARTMENT.
(4) (a) EACH NONSTATEOWNED
PRISON FACILITY OPERATING AN INMATE LABOR PROGRAM SHALL HOLD WAGES
EARNED BY A STATE PRISONER IN TRUST FOR THE PRISONER IN A REVENUEPRODUCING
ACCOUNT UNTIL THE PRISONER IS PAROLED OR DISCHARGED FROM CUSTODY.
OUT OF THE WAGES HELD IN TRUST FOR A STATE PRISONER PURSUANT
TO THE PROVISIONS OF THIS PARAGRAPH (a), THE NONSTATEOWNED
PRISON FACILITY SHALL MAKE DISBURSEMENTS PURSUANT TO THE PROVISIONS
OF SECTION 1724122 (4) AND (5). SECTION 1724122
(6) SHALL ALSO APPLY TO ANY WAGES HELD IN TRUST FOR A STATE PRISONER
PURSUANT TO THIS PARAGRAPH (a).
(b) EACH NONSTATEOWNED PRISON FACILITY
OPERATING AN INMATE LABOR PROGRAM SHALL HOLD AND DISTRIBUTE WAGES
EARNED BY AN INMATE FROM A STATE OTHER THAN COLORADO PURSUANT
TO THE STATUTES AND RULES OF THAT STATE OR THE CONTRACT BETWEEN
THAT STATE AND THE PRISON FACILITY.
SECTION 2. 1724104
(2) (a) (VII) and (3) (a), Colorado Revised Statutes, are amended,
and the said 1724104 (2) (a) is further amended BY
THE ADDITION OF A NEW SUBPARAGRAPH, to read:
1724104. Creation of division
of correctional industries and advisory committee enterprise
status of division duties of committee sunset review
of committee. (2) (a) There
is hereby created the correctional industries advisory committee,
which shall consist of:
(VII) The executive director of the department
of corrections; AND
(VIII) A COUNTY SHERIFF APPOINTED BY THE
GOVERNOR.
(3) (a) Before any industry is established
to utilize the services of prisoners as provided by this article,
INCLUDING BUT NOT LIMITED TO ANY INDUSTRY IN A NONSTATEOWNED
FACILITY PURSUANT TO SECTION 1724125, the advisory
committee shall consider the feasibility of establishing such
industry and the effect of such establishment on similar industries
already established in the state and shall make its recommendations
thereon to the director. A majority of the members of the advisory
committee at any meeting duly called by the chairman has full
power to act upon and resolve any matter or question referred
to it by the director.
SECTION 3. 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 Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO