(1) The general assembly finds that inmates housed in certain prison facilities throughout the state form a labor pool that could be safely utilized to fight forest fires, help with flood relief, and assist in the prevention of or clean up after other natural or man-made disasters.
(2) As used in this section, unless the context otherwise requires, disaster means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural cause or cause of human origin, but disaster does not include any hazardous substance incident, oil spill or other contamination, epidemic, air pollution, blight, drought, infestation, explosion, civil disturbance, or hostile military or paramilitary action.
(3) There is hereby established in the division the inmate disaster relief program, referred to in this section as the program. The purpose of the program shall be to establish one or more inmate disaster relief crews composed of inmates from minimum restrictive, or minimum security facilities. An inmate shall receive an additional amount of earned time pursuant to section 17-22.5-405 in the amount of one day of earned time for every day spent at the site of a disaster. An inmate disaster relief crew may be utilized by the state or by local or federal governmental agencies that apply to the division for assistance.
(4) The executive director shall promulgate rules governing the program including but not limited to:
(a) The inmates who are eligible to participate in the program;
(b) Types of disasters to which an inmate disaster relief crew may be sent;
(c) The security measures that are required to prevent escapes and protect the public;
(d) The procedures that must be followed before an inmate disaster relief crew may be utilized;
(e) The fees that may be charged by the division for the provision of services by an inmate disaster relief crew; and
(f) The compensation that may be paid to inmates participating in the program.
(5) The division is authorized to purchase equipment and obtain necessary training for any inmate disaster relief crews.
(6) The department is authorized to solicit, accept, and expend grants, donations, gifts, and other moneys to defer the costs of equipping and training one or more inmate disaster relief crews. The program shall not be implemented or made available to other agencies until sufficient moneys are available from appropriations, grants, donations, gifts, and other moneys to cover the costs of equipping and training at least one inmate disaster relief crew.
(7) The department shall distribute the informational materials described in section 24-33.5-1226.5 to persons who have experience in wildland fire services pursuant to the program.
Source: L. 98: Entire section added, p. 17, � 1, effective August 5. L. 2001: (3) and (6) amended, p. 1452, � 1, effective June 5. L. 2021: (7) added, (HB 21-012), ch. 29, p. 123, � 4, effective April 15.
17-24-125. Correctional industries at non-state-owned facilities - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Inmate labor program means a program operated at a non-state-owned prison facility as a business or for profit utilizing in whole or in part labor of inmates; except that inmate labor program does not include a program that is operated by a local government or combination of local governments of this state as a nonprofit business within the jurisdiction boundaries of the local government or governments and whose operation has been reviewed and approved by the local government or local governments.
(b) Non-state-owned prison facility means any private correctional facility or any jail or other detention facility operated by a political subdivision of the state that houses state prisoners or that houses inmates from another state whose incarceration in this state is approved pursuant to section 17-1-104.5; except that non-state-owned prison facility shall not include a jail or other detention facility operated by a political subdivision of the state that only houses state prisoners pursuant to a contract under section 16-11-308.5 (2), C.R.S., or a facility in which a community corrections program is operated pursuant to article 27 of this title.
(2) (a) On and after March 1, 1999, all inmate labor programs operated at a non-state-owned prison facility shall be approved by the division prior to commencing operations.
(b) Repealed.
(3) (a) On or before February 1, 1999, the division shall promulgate rules governing the approval required by subsection (2) of this section including but not limited to:
(I) Establishing a procedure for approving inmate labor programs that shall include review by the correctional industries advisory committee of a business plan for each inmate labor program;
(II) Establishing the duration of any approval and procedures for reapproval and revocation of any approval;
(III) Requiring all inmate labor programs to comply with all federal laws and regulations relating to the use of inmate labor;
(IV) Requiring that all goods or services be priced at prevailing market rates; except that goods or services sold to governmental or nonprofit entities may be priced at wholesale cost;
(V) Requiring that persons employed by a non-state-owned prison facility shall not be involved in decisions involving the inmate labor program relating to persons or entities with whom the person has a conflict or potential conflict of interest;
(VI) Requiring that inmates be compensated as determined by rule promulgated by the department;
(VII) Requiring that all records pertaining to inmate labor programs shall be available for inspection and copying by representatives of the division to ensure compliance with this section and any rules promulgated thereunder; and
(VIII) Requiring non-state-owned prison facilities to reimburse the division for any expenses incurred in certifying and monitoring the inmate labor programs.
(b) The rules promulgated pursuant to this subsection (3) shall be substantially similar to the rules governing programs at facilities operated by the department.
(4) (a) Each non-state-owned prison facility operating an inmate labor program shall hold wages earned by an inmate in a revenue-producing account for the inmate until the inmate is paroled or discharged from custody. Out of the wages held for an inmate pursuant to the provisions of this subsection (4)(a), the non-state-owned prison facility shall make disbursements pursuant to the provisions of section 17-24-122 (5) and (6).
(b) Each non-state-owned prison facility operating an inmate labor program shall hold and distribute wages earned by an inmate from a state other than Colorado pursuant to the statutes and rules of that state or the contract between that state and the prison facility.
Source: L. 98: Entire section added, p. 424, � 1, effective April 21. L. 2022: (4)(a) amended, (SB 22-050), ch. 51, p. 246, � 11, effective March 30.
Editor's note: Subsection (2)(b)(II) provided for the repeal of subsection (2)(b), effective January 1, 2000. (See L. 98, p. 424.)
17-24-126. Canteen, vending machine, and library account created - receipts - disbursements. (1) There is hereby created in the state treasury a special revolving enterprise account to be known as the canteen, vending machine, and library account. The account shall be used by the division 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 state correctional facilities. The moneys in the account shall be continuously available to the division and are appropriated for the purposes set forth in subsection (3) of this section.
(2) The canteen and vending machines shall be managed by the division, and they shall not be operated in any manner for the personal profit of any employees of the division or any inmates of state correctional facilities.
(3) Items in the canteen shall be sold to inmates, and items in vending machines shall be sold to visitors, at prices set so that revenues from the sale are sufficient to fund all expenses of the canteen and vending machines, including the cost of services of employees of the canteen and the cost of servicing the vending machines, and to produce a reasonable profit. All revenues derived from the canteen and vending machines and interest derived from the deposit and investment of moneys in the canteen, vending machine, and library account shall be credited to such account. Any profits arising from the operation of the canteen and vending machines shall be expended for the educational, recreational, and social benefit of the inmates and to supplement direct inmate needs.
(4) Part 2 of article 84 of title 8, C.R.S., regarding vending facilities in state buildings, does not apply to vending machines operated in visiting areas of any department facility.
(5) Repealed.
Source: L. 2002: Entire section added, p. 57, � 3, effective July 1. L. 2015: (5) repealed, (SB 15-264), ch. 259, p. 951, � 39, effective August 5; (4) amended, (SB 15-239), ch. 160, p. 488, � 9, effective July 1, 2016.