C.R.S. Section 17-1-203
Powers and duties not delegable to contractor

(1)

A contract executed pursuant to this part 2 shall not be construed as authorizing, allowing, or delegating authority to the contractor to:

(a)

Choose the correctional facility to which an inmate is initially assigned or subsequently transferred. The contractor may request, in writing, that an inmate be transferred to a facility operated by the department. The executive director and the contractor shall develop and implement a cooperative agreement for transferring inmates between a correctional facility operated by the department and a private contract prison. The department and the contractor must comply with the cooperative agreement.

(b)

Develop or adopt disciplinary rules or penalties that differ from the disciplinary rules and penalties that apply to inmates housed in correctional facilities operated by the department of corrections;

(c)

Make a final determination on a disciplinary action that affects the liberty of an inmate. The contractor may remove an inmate from the general prison population during an emergency, before final resolution of a disciplinary hearing, or in response to an inmate’s request for assigned housing in protective custody.

(d)

Make a decision that affects the sentence imposed upon or the time served by an inmate, including a decision to award, deny, or forfeit earned time;

(e)

Make recommendations to the state board of parole with respect to the denial or granting of parole or release; however, the contractor may submit written reports to the state board of parole and shall respond to any written request by the state board of parole for information;

(f)

Develop and implement requirements that inmates engage in any type of work, except to the extent that those requirements are accepted by the department;

(g)

Determine inmate eligibility for any form of release from a correctional facility.

Source: Section 17-1-203 — Powers and duties not delegable to contractor, 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

§ 17-1-203’s source at colorado​.gov