Colorado § 17-1-203 Powers and duties not delegable to contractor

Colorado Statutes

§ 17-1-203 — Powers and duties not delegable to contractor

Colorado·Title 17 Corrections·Art. Department of Corrections

(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 c

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(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.

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