§ 17-24-122 — Agreements for the employment of inmates by private entities

Colorado § 17-24-122

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

Text

(1) The division, in collaboration with the department, is authorized to enter into
agreements with private persons or entities to provide employment opportunities
for inmates through external programs. Such agreements are subject to the prior
review of the attorney general and the correctional industries advisory committee.

(2) The division, in collaboration with the department, is authorized to enter
into agreements subject to state fiscal rules and the prior review of the attorney
general that allow for private party financing for equipment, raw materials, training
of workers, and operation of industries developed pursuant to the provisions of this
section. In any such agreement, the department may provide for the recovery of the
costs of providing facilities for the private contractor by requiring the payment of
rent for such facilities.

(3) Agreements entered into pursuant to this section must provide that any
inmate assigned pursuant to section 17-24-114 (1) to an external program for a
private person or entity that made such agreement pursuant to subsection (1) of this
section is an employee of the private person or entity and, notwithstanding section
17-24-114 (2), the private person or entity shall pay at least the state minimum wage
for the labor performed. Such wages must be paid to the department and shall be
held in an account for the inmate. Section 8-40-301 (3) applies to any inmate
employed by a private person or entity pursuant to this section.

(4) Repealed.

(5) Out of the inmate's wages, the department shall deduct periodically for
the following purposes and in the following order of priority:

(a) Restitution for the victim of the crime committed by the inmate for
expenses actually and reasonably incurred as a result of the injury to the person or
property of the victim, including medical expenses, loss of earning power, and any
other pecuniary loss directly resulting from the injury to the person or property or
the death of the victim, which a court of competent jurisdiction determines or has
determined to be reasonable and proper;

(a.5) Voluntary payment of such amounts to the victims assistance and law
enforcement fund established in section 24-33.5-506, as is deemed appropriate by
the executive director of the department;

(b) Payment of such amounts for the support of the inmate's dependents as
is deemed appropriate by the executive director of the department, taking into
account any court orders for such support; and

(c) Payment of personal expenses of the inmate as deemed appropriate by
the executive director.

(6) Any amounts of money that remain in the inmate's account after the
deductions made pursuant to this section must be paid to the inmate upon parole or
discharge from custody. If an inmate dies prior to discharge from custody and the
body goes unclaimed for more than five days, the amount remaining in the inmate's
account may be used to defray any costs incurred by the state of Colorado in
connection with the burial of the inmate, and any amount remaining after burial
costs have been paid or the body has been claimed must be paid to the inmate's
estate.

(7) Any agreement entered into pursuant to this section shall provide that
appropriate security measures for a state correctional facility shall not be
jeopardized due to any operations which result from such agreement.

(8) Repealed.

Legislative History

Source: L. 93: Entire section added, p. 2127, � 1, effective September 1. L. 95: (1) amended, p. 1097, � 17, effective May 31. L. 96: (5)(a.5) added, p. 1150, � 11, effective June 1. L. 2022: (1), (2), (3), (5), and (6) amended and (4) and (8) repealed, (SB 22-050), ch. 51, p. 244, � 10, effective March 30.