(1)Any
sentence imposed pursuant to section 18-1.3-501 (2) is subject to the conditions and
restrictions of this section.
(2)(a) A probation department, sentencing court, county sheriff, board of
county commissioners, or any other governmental entity, or a private nonprofit or
for-profit entity that has a contract with a governmental entity, may establish a
community or useful public service program. It is the purpose of the community or
useful public service program: To identify and seek the cooperation of
governmental entities and political subdivisions thereof, as well as corporations,
associations, or charitable trusts, for the purpose of providing community or useful
public service jobs; to interview persons who have been ordered by the court to
perform community or usefu
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(1) Any
sentence imposed pursuant to section 18-1.3-501 (2) is subject to the conditions and
restrictions of this section.
(2) (a) A probation department, sentencing court, county sheriff, board of
county commissioners, or any other governmental entity, or a private nonprofit or
for-profit entity that has a contract with a governmental entity, may establish a
community or useful public service program. It is the purpose of the community or
useful public service program: To identify and seek the cooperation of
governmental entities and political subdivisions thereof, as well as corporations,
associations, or charitable trusts, for the purpose of providing community or useful
public service jobs; to interview persons who have been ordered by the court to
perform community or useful public service and to assign such persons to suitable
community or useful public service jobs; and to monitor compliance or
noncompliance of such persons in performing community or useful public service
assignments within the time established by the court.
(b) Nothing in this subsection (2) limits the authority of an entity that is the
recipient of community or useful public service to accept or reject such service, in
its sole discretion.
(2.5) The following organizations are eligible to provide community or useful
public service jobs established under this article 1.3 or any other provision of law so
long as they meet any other requirement related to the provision of those jobs, as
established by the entity that is the recipient of community or useful public service:
(a) A charitable trust or other organization that is exempt from taxation
under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as
amended;
(b) A civic league or organization that is exempt from taxation under section
501 (c)(4) of the federal Internal Revenue Code of 1986, as amended, and that also
would qualify as a veterans' service organization as defined in section 501 (c)(19) of
the federal Internal Revenue Code of 1986, as amended; and
(c) A veterans' service organization that is exempt from taxation under
section 501 (c)(19) of the federal Internal Revenue Code of 1986, as amended.
(3) Any general public liability insurance policy obtained pursuant to this
section shall provide coverage for injuries caused by a person performing services
under this section and shall be in a sum of not less than the current limit on
government liability under the Colorado Governmental Immunity Act, article 10 of
title 24, C.R.S.
(4) For the purposes of the Colorado Governmental Immunity Act, article 10
of title 24, C.R.S., public employee, as defined in section 24-10-103, C.R.S., does not
include any person who is sentenced to participate in any type of community or
useful public service.
(5) No governmental entity or private nonprofit or for-profit entity which has
a contract with a governmental entity shall be liable under the Workers'
Compensation Act of Colorado, articles 40 to 47 of title 8, C.R.S., or under the
Colorado Employment Security Act, articles 70 to 82 of title 8, C.R.S., for any
benefits on account of any person who is sentenced to participate in any type of
community or useful public service, but nothing in this subsection (5) shall prohibit
a governmental entity or private nonprofit or for-profit entity from electing to
accept the provisions of the Workers' Compensation Act of Colorado by
purchasing and keeping in force a policy of workers' compensation insurance
covering such person.
(6) (a) The court shall assess a fee, not to exceed one hundred twenty
dollars, upon every person required to perform community or useful public service
pursuant to section 18-1.3-501 (2), 18-18-432, or 42-4-1301.4. The amount of the fee
must be commensurate with the costs of administering the person's community or
useful public service program. The court may waive this fee if the court determines
the defendant to be indigent. In counties where the judicial department operates
the local useful public service program, the court shall transfer each such fee to
the state treasurer, who shall credit the fee to the fund created in section 18-1.3-507.5. The court shall not impose the fee described in this subsection (6)(a) on a
person under the jurisdiction of the juvenile court, as defined in section 19-1-103, or
the person's parent, guardian, or legal custodian.
(b) Money collected as fees pursuant to subsection (6)(a) of this section may
be used by the operating agency responsible for overseeing such person's
community or useful public service program or by the judicial department, as may
be applicable, to pay the cost of administration of the program and the cost of
personal services. The proceeds from such amounts may be used by the operating
agency only for defraying the cost of personal services and other operating
expenses related to the administration of the program, a general liability policy
covering such person, and, if such person will be covered by workers' compensation
insurance pursuant to subsection (5) of this section or an insurance policy providing
such or similar coverage, the cost of purchasing and keeping in force such
insurance coverage and may not be used by the operating agency for any other
purpose.