C.R.S. Section 17-1-104.9
Custody levels for state inmates at private prisons

  • correctional emergency
  • definition

(1)

Based upon available appropriations and based upon an annual review by the general assembly, the department is authorized to permanently place state inmates classified as medium custody and below in private contract prisons. Except as otherwise provided in subsection (2) of this section, the department may not place state inmates classified higher than medium custody in private contract prisons or in private prison facilities located outside the state of Colorado. This section does not prevent a private contract prison from incarcerating an inmate who has been reclassified to a higher custody designation as a result of an offense committed within the private contract prison. However, it is the intent of the general assembly that the department move any inmate of a higher custody designation out of the private contract prison as soon as space is available at a state-operated correctional facility.

(2)

Intentionally left blank —Ed.

(a)

At the request of the executive director, the governor may, in his or her discretion, declare a correctional emergency and by proclamation authorize the department to place state inmates classified higher than medium custody in private contract prisons or in private prison facilities located outside the state of Colorado. A proclamation issued under this subsection (2) shall remain in effect for thirty days.

(b)

At the request of the executive director, the governor may, in his or her discretion, renew a declaration of correctional emergency and reissue a proclamation in accordance with paragraph (a) of this subsection (2) for one or more additional thirty-day periods as the governor deems appropriate.

(c)

For purposes of this section, “correctional emergency” means a riot, a disturbance, a homicide, or inmate violence occurring in a correctional facility or in transit to or from a correctional facility, or a situation involving inmates that presents a clear and immediate danger to the safety, security, and control of the department. “Correctional emergency” does not include inmate overcrowding.

Source: Section 17-1-104.9 — Custody levels for state inmates at private prisons - correctional emergency - definition, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-17.­pdf (accessed Oct. 20, 2023).

17‑1‑101
Executive director - creation - division heads - medical personnel 17‑1‑102
Definitions 17‑1‑103
Duties of the executive director 17‑1‑103.8
Executive director - inspector general - investigators - duties 17‑1‑104.3
Correctional facilities - locations - security level - report 17‑1‑104.5
Incarceration of inmates from other states - private contract prison facilities 17‑1‑104.6
Planning and review requirements - legislative intent 17‑1‑104.9
Custody levels for state inmates at private prisons - correctional emergency - definition 17‑1‑105
Powers of executive director 17‑1‑105.1
Accreditation of private contract prisons 17‑1‑105.5
Contract rates 17‑1‑107
Department may accept gifts, donations, and grants 17‑1‑107.5
State criminal alien assistance program cash fund - creation 17‑1‑108
Transfer of inmates 17‑1‑109
Duties and functions of the warden 17‑1‑109.5
Correctional facility employees - rules 17‑1‑111
Certain provisions of the administrative procedure act not to apply 17‑1‑112
Expenses - reimbursement by department - report 17‑1‑113
Medical visits - charge to inmates - legislative declaration 17‑1‑113.1
Administration or monitoring of medications to persons in correctional facilities 17‑1‑113.2
Continuity of care for persons released from correctional facility 17‑1‑113.4
Opioid treatment for a person in custody - definitions 17‑1‑113.5
Inmates held in correctional facilities - medical benefits application assistance - county of residence - rules 17‑1‑113.6
Menstrual hygiene products for a person in custody - definition 17‑1‑113.7
Prohibition against the use of restraints on pregnant inmates in the custody of correctional facilities and private contract prisons - report 17‑1‑113.8
Persons with serious behavioral or mental health disorders - long-term isolated confinement - work group - medication-assisted treatment - appropriation - repeal 17‑1‑113.9
Use of administrative segregation for state inmates - reporting 17‑1‑114
Pool of funds - continuance of community supervision 17‑1‑114.5
Incarceration of a person in custody with the capacity for pregnancy - report 17‑1‑115.2
Correctional law enforcement agencies to provide identification cards to retired peace officers upon request - definitions 17‑1‑115.5
Prison sexual assault prevention program 17‑1‑115.7
Prevention of sexual assaults on youthful inmates - compliance with federal law - report - definition 17‑1‑115.8
Corrections officer staffing - report - double shift criteria - definition 17‑1‑115.9
Incentives for mental health professionals - report - legislative declaration 17‑1‑116
Corrections expansion reserve fund 17‑1‑119
Lethal perimeter security systems for correctional facilities - governmental immunity - limitations 17‑1‑119.5
Compilation of data related to inmates with children attending school 17‑1‑119.7
Prison population management measures 17‑1‑166
Department duties - parole plan - report 17‑1‑167
Use of restraints for state inmates - criteria - documentation - intake assessment - report - rules - definitions 17‑1‑201
Duties of department 17‑1‑202
Requests for competitive proposals and contract requirements 17‑1‑202.5
Private prison planning process 17‑1‑203
Powers and duties not delegable to contractor 17‑1‑204
Background checks 17‑1‑205
Contract termination - control of a correctional facility by the department 17‑1‑206
Inmates in custody of the department 17‑1‑206.5
Preparole release and revocation facility - community return-to-custody facility 17‑1‑207
Applicability of part
Green check means up to date. Up to date

Current through Fall 2024

§ 17-1-104.9’s source at colorado​.gov