§ 17-24-106 — General powers of the division

Colorado § 17-24-106

• Jurisdiction: Colorado
• Title 17: Corrections
• Art.: Correctional Industries

Text

(1) In addition to any other
powers granted to the division by this article 24, the division has the following
powers:

(a) Repealed.

(b) To develop programs that promote successful rehabilitation, reentry, and
reintegration into the community;

(c) Repealed.

(d) To acquire or purchase equipment, raw materials, supplies, office space,
insurance, and services and to engage the supervisory personnel necessary to
establish and maintain the external programs and internal programs at the state's
correctional institutions pursuant to law;

(e) To produce goods and services that are needed for the construction,
operation, or maintenance of any office, department, institution, or agency
supported in whole or in part by the state, any political subdivision of the state, or
the federal government;

(f) (I) To sell goods and services, including capital construction items,
produced by the internal programs to agencies supported in whole or in part by the
state, any political subdivision of the state, other states or their political
subdivisions, or the federal government; and

(II) To sell such goods to entities who have entered into financed purchase of
an asset or certificate of participation agreements with any public entity
enumerated in subsection (1)(f)(I) of this section pursuant to which such goods are
used by such public entity;

(g) To adopt, have, and use a seal and to alter the same at its pleasure;

(h) To sue and be sued;

(i) To enter into any contract or agreement not inconsistent with this article
or the laws of this state;

(j) To borrow money from the state treasury in an amount not to exceed
three million dollars pursuant to section 24-75-203, C.R.S., for a period of time not
to exceed ten years. All moneys borrowed, including principal and interest shall be
repaid in nine equal annual installments, commencing after the first year. The
three-million-dollar limit shall include any amounts loaned to correctional
industries in supplemental appropriation bills passed prior to May 22, 1979.

(k) (I) To purchase, lease, trade, exchange, or otherwise acquire, maintain,
and dispose of real property and personal property and any interest therein
pursuant to law.

(II) to (IV) Repealed.

(V) As used in this paragraph (k), real property means land, including land
under water, buildings, structures, fixtures, and improvements on land, any
property appurtenant to or used in connection with land, and every estate, interest,
privilege, easement, right-of-way, and other right in land, legal or equitable,
including, without limiting the generality of the foregoing, rights-of-way, terms for
years, and liens, charges, or encumbrances by way of judgment, mortgage, or
otherwise, and the indebtedness secured by such liens. However, the term real
property does not include leasehold interests.

(l) To accept grants or loans from the federal, the state, or any local
government and to do all things necessary, not inconsistent with this article or any
other laws of this state, in order to avail itself of such aid, assistance, and
cooperation under any federal legislation;

(m) To enter into contracts, execute all instruments, and do all things
necessary or convenient in the exercise of the powers granted in this article
pursuant to law;

(n) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers granted in this article, which powers shall not be
considered as a limitation upon any power necessary or appropriate to carry out the
purposes and intent of this article;

(o) To adopt rules and regulations pursuant to article 4 of title 24, C.R.S.,
consistent with the provisions of this article;

(p) To sell Colorado state flags produced by an internal program to retailers
in this state at a price as near to the prevailing wholesale market price and quality
as is practical and to individuals at retail price; however, the division must supply
the requirements of state agencies and political subdivisions of the state before
selling such flags as provided in this subsection (1)(p). The price of flags to state
agencies and political subdivisions of this state must be determined pursuant to
section 17-24-112.

(q) Repealed.

(r) To receive, repair, and distribute surplus property pursuant to the powers
and duties provided in part 4 of article 82 of title 24, and to receive, repair, sell, or
otherwise dispose of surplus state property as provided in section 17-24-106.6;

(s) To authorize and issue revenue bonds pursuant to the provisions of
section 17-24-106.3;

(t) To establish and operate a canteen for the use and benefit of the inmates
of state correctional facilities and to operate vending machines for the use of
visitors to such facilities.

(2) Repealed.

Legislative History

Source: L. 77: Entire title R&RE, p. 929, � 10, effective August 1. L. 79: (1)(j) amended, p. 707, � 1, effective May 22. L. 80: (1)(f) amended, p. 528, � 1, effective February 29; (1)(a) and (1)(b) amended, p. 526, � 4, effective March 25. L. 81: (1)(p) and (1)(q) added, p. 962, � 1, effective May 18. L. 82: (1)(j) amended, p. 623, � 16, effective April 2. L. 83: (1)(p) amended and (1)(q) repealed, p. 692, �� 1, 2, effective March 3; (1)(f) amended, p. 690, � 1, effective April 29. L. 86: (2) added, p. 757, � 12, effective July 1; (1)(r) added, p. 753, � 1, effective July 1, 1987. L. 92: (1)(k) amended, p. 1062, � 1, effective June 1. L. 94: (1)(s) added, p. 315, � 2, effective March 22. L. 96: (1)(k)(III) amended, p. 1266, � 182, effective August 7. L. 97: (1)(j) amended, p. 78, � 1, effective March 24. L. 98: (1)(k)(II) to (1)(k)(IV) repealed, p. 728, � 12, effective May 18. L. 2002: (1)(r) amended, p. 220, � 2, effective April 3; (1)(t) added, p. 56, � 1, effective July 1. L. 2021: IP(1) and (1)(f)(II) amended, (HB 21-1316), ch. 325, p. 2000, � 10, effective July 1. L. 2022: IP(1), (1)(b), (1)(d), (1)(e), (1)(f)(I), (1)(p), and (1)(r) amended and (1)(a) and (1)(c) repealed, (SB 22-050), ch. 51, p. 242, � 6, effective March 30.