§ 24-1-128.5 — Department of corrections - creation

Colorado § 24-1-128.5

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Administrative Organization Act of 1968

Text

(1) There is hereby
created a department of corrections, the head of which shall be the executive
director of the department of corrections, who shall be appointed by the governor,
with the consent of the senate, and who shall serve at the pleasure of the governor.
The reappointment of an executive director after initial election of a governor shall
be subject to the provisions of section 24-20-109.

(1.5) The department of corrections shall supervise and control each
correctional facility, as defined in section 17-1-102. The powers, duties, and
functions of the department of corrections include the powers, duties, and
functions of the former department of institutions relating to honor camps, work
release programs, and other adult correctional programs. The powers, duties, and
functions of the department of corrections also include the powers, duties, and
functions of the former division of parole in the department of institutions, and the
division of parole in the department of institutions is abolished. The executive
director of the department of corrections has the powers and duties specified in
title 17.

(2) The department of corrections consists of the following divisions:

(a) The division of adult parole, the head of which is the director of the
division of adult parole. The division of adult parole is a type 2 entity, as defined in
section 24-1-105, and exercises its powers and performs its duties and functions
under the department of corrections.

(b) The division of correctional industries, the head of which is the director of
the division of correctional industries. The division supervises and controls
correctional industries programs in this state. The division is a type 2 entity, as
defined in section 24-1-105, and exercises its powers and performs its duties and
functions under the department of corrections.

(c) (Deleted by amendment, L. 2000, p. 859, � 73, effective May 24, 2000.)

(3) The state board of parole, created in part 2 of article 2 of title 17, is a type
1 entity, as defined in section 24-1-105.

(3.5) The division of correctional industries includes, as a section thereof, the
Colorado state agency for surplus property, created in part 4 of article 82 of this
title 24. The agency is a type 2 entity, as defined in section 24-1-105, and exercises
its powers and performs its duties and functions under the department of
corrections. The agency is allocated to the division of correctional industries as a
section thereof.

(4) Any powers, duties, and functions relating to adult corrections which
were previously vested in the department of institutions and are not specifically
transferred to the department of corrections shall be assigned thereto by the
governor.

Legislative History

Source: L. 77: Entire section added, p. 950, � 15, effective July 13. L. 79: (2)(a) amended, p. 702, � 75, effective June 21. L. 86: (3.5) added, pp. 755, 886, �� 4, 12, effective July 1. L. 90: (2)(c) added, p. 977, � 5, effective July 1. L. 2000: (2)(a) and (2)(c) amended, p. 859, � 73, effective May 24. L. 2010: (1.5) added and (2)(a) amended, (SB 10-130), ch. 106, p. 355, � 1, effective April 15. L. 2022: (1.5), IP(2), (2)(a), (2)(b), (3), and (3.5) amended, (SB 22-162), ch. 469, p. 3421, � 201, effective August 10.