(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
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(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.