C.R.S. Section 17-1-202
Requests for competitive proposals and contract requirements

(1)

Before entering into any contract for designing, financing, acquiring, constructing, or operating a private contract prison or any contract for any combination of these functions, the department may issue a request for competitive proposals. Prior to issuing a request for competitive proposals requiring new construction under this section, the department shall notify the capital development committee, established pursuant to section 2-3-1302, C.R.S. The department’s rules, at a minimum, shall require that any contract proposed and awarded by the executive director pursuant to this part 2 shall be governed by the following principles:

(a)

A contract shall be negotiated with the contractor which, in the determination of the department, is found to be the most qualified and the most competitive under the circumstances; except that a contract for private correctional facilities shall not be executed unless the executive director of the department of corrections determines that the contractor has demonstrated compliance with the following standards:

(I)

The qualifications, experience, and management personnel necessary to carry out the terms of the contract. At a minimum, this standard shall prohibit the contractor from employing a person who is required to register pursuant to the provisions of the “Colorado Sex Offender Registration Act”, article 22 of title 16, C.R.S., to work in the private correctional facility. In connection with this standard, the contractor shall require applicants for employment to submit a set of fingerprints to the Colorado bureau of investigation for a criminal background check as provided in section 17-1-204.

(II)

The ability to expedite the location, design, and construction of a private correctional facility; and

(III)

The ability to comply with applicable laws, court orders, and national correctional standards.

(b)

A contractor shall agree to indemnify the state and the department of corrections, including their officials and agents, against any and all liability including but not limited to any civil rights claims. The department of corrections shall require proof of satisfactory insurance, the amount to be determined by the department of corrections following consultation with the division of insurance in the department of regulatory agencies.

(c)

The contractor shall seek, obtain, and maintain accreditation by the association responsible for adopting national correctional standards. In addition, the contractor shall comply with the association’s amendments to the accreditation standards upon approval of the amendments by the department of corrections.

(d)

The proposed private contract prisons and the management plans for inmates shall meet applicable national correctional standards and the requirements of applicable court orders and state law.

(e)

The contractor shall agree to abide by operations standards for correctional facilities adopted by the executive director of the department of corrections.

(f)

The contractor shall be responsible for a range of dental, medical, and psychological services and diet, education, and work programs at least equal to those services and programs provided by the department of corrections at comparable state correctional facilities. The work and education programs shall be designed to reduce recidivism.

(g)

The executive director shall monitor all private contract prisons. Each contractor shall bear the costs of monitoring associated with out-of-state inmates and shall reimburse the department on a per-inmate basis for out-of-state inmates, but shall not bear the costs of monitoring associated with Colorado inmates.

(1.5)

For the purposes of a contract in existence as of April 1, 2004, if a contractor employs a person in a private correctional facility who is required to register as a sex offender pursuant to the provisions of the “Colorado Sex Offender Registration Act”, article 22 of title 16, C.R.S., the contractor shall ensure that the person does not have unsupervised contact with an inmate on and after April 1, 2004. Failure to comply with the provisions of this subsection (1.5) shall constitute a breach and grounds for termination of the contract.

(2)

A contract entered into under this part 2 does not accord third-party beneficiary status to any inmate or to any member of the general public.

(3)

Each contract shall include any other requirements the department considers necessary and appropriate for carrying out the purposes of this part 2.

Source: Section 17-1-202 — Requests for competitive proposals and contract requirements, (accessed Dec. 24, 2024).

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

§ 17-1-202’s source at