Click here for Fiscal Note
SENATE BILL 98054
BY SENATORS Dennis, Bishop, Chlouber, Hopper, Mutzebaugh, Schroeder, and Tebedo;
also REPRESENTATIVES Kaufman, Anderson, Lawrence,
Mace, Nichol, and Zimmerman.
CONCERNING REGULATION OF PRIVATE PRISON FACILITIES.
Be it enacted by the General Assembly of the State
SECTION 1. Part
1 of article 1 of title 17, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
of nonstateowned prison facilities.
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
(a) "INMATE" MEANS ANY PERSON
WHO IS SENTENCED TO A TERM OF INCARCERATION FOR A VIOLATION OF
THE LAWS OF THIS STATE, THE UNITED STATES, OR ANY OTHER STATE.
(b) "PRIVATE PRISON" MEANS ANY
PRIVATE PRISON FACILITY LOCATED IN THIS STATE THAT CONTRACTS WITH
ANY STATE OR LOCAL GOVERNMENT TO HOUSE ADULT INMATES AND SHALL
NOT INCLUDE ANY LOCAL JAIL OR COMMUNITY CORRECTIONS PROGRAM.
(2) PRIOR TO SUBMITTING BUILDING PLANS
TO ANY COUNTY, MUNICIPALITY, CITY AND COUNTY, OR OTHER LOCAL GOVERNMENTAL
AGENCY ANY COMPANY PROPOSING TO CONSTRUCT A PRIVATE PRISON WITHIN
THE STATE SHALL CONDUCT AT LEAST ONE HEARING IN THE COUNTY WHERE
THE FACILITY IS PROPOSED TO BE CONSTRUCTED FOR PUBLIC INPUT FOLLOWING
AT LEAST TWENTY DAYS' NOTICE PUBLISHED IN A NEWSPAPER OF GENERAL
CIRCULATION IN THE COUNTY IN WHICH THE PRIVATE PRISON IS TO BE
(3) (a) A PRIVATE PRISON SHALL NOT
CONTRACT TO HOUSE ANY INMATE, EXCEPT ON A TEMPORARY BASIS, UNLESS
WITHIN TWO YEARS OF THE DATE THAT IT ACCEPTS ITS FIRST INMATE
IT HOLDS A CURRENT ACCREDITATION BY THE AMERICAN CORRECTIONAL
(b) THE EXECUTIVE DIRECTOR MAY EXTEND
THE TIME PERIOD FOR A PRIVATE PRISON TO OBTAIN THE ACCREDITATION
REQUIRED BY PARAGRAPH (a) OF THIS SUBSECTION (3) UPON A SHOWING
OF GOOD CAUSE.
SECTION 2. 171104.5,
Colorado Revised Statutes, is amended to read:
of inmates from other states private contract prison facilities.
(1) The general assembly finds and declares that the
importation of prisoners from other states into correctional facilities
not operated by the department of corrections is a matter of statewide
(2) No inmate from a state other than
Colorado may be received into the state of Colorado and be housed
in a private contract prison facility or a prison facility operated
by a political subdivision of the state:
(a) Without the express approval of the
executive director, which approval shall not be unreasonably withheld;
(b) UNLESS THE PRIVATE CONTRACT PRISON
FACILITY OR A PRISON FACILITY OPERATED BY A POLITICAL SUBDIVISION
IS DESIGNED TO MEET OR EXCEED THE APPROPRIATE SECURITY LEVEL FOR
SECTION 3. Effective
date applicability. (1) 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.
(2) The provision of this act shall apply
to contracts entered into after the applicable effective date
of this act.
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
GOVERNOR OF THE STATE