(1) The general assembly finds and declares that the importation of prisoners from other states into correctional facilities not operated by the department of corrections is a matter of statewide concern.
(2) No inmate from a state other than Colorado may be received into the state of Colorado and be housed in a private contract prison facility or a prison facility operated by a political subdivision of the state:
(a) Without the express approval of the executive director, which approval shall not be unreasonably withheld; and
(b) Unless the private contract prison facility or a prison facility operated by a political subdivision is designed to meet or exceed the appropriate security level for the inmate.
(3) The department shall develop and rely upon criteria for the protection of the health, safety, and financial interests of the state of Colorado as developed by the executive director.
(4) Upon violation of this section, the executive director may rescind his or her approval pursuant to subsection (2) of this section and must provide at least sixty days notice to the contracting parties of the recision.
Source: L. 88: Entire section added, p. 711, § 13, effective July 1. L. 96: Entire section amended, p. 1147, § 3, effective July 1. L. 98: Entire section amended, p. 1237, § 2, effective August 5. L. 2020: (3) and (4) added, (HB 20-1019), ch. 9, p. 24, § 3, effective March 6.
ANNOTATION
This section applies to transfers of out-of-state prisoners to a private prison facility in Colorado and habeas corpus petition by inmate is subject to this section. The Interstate Corrections Compact, §§ 24-60-1601 to 24-60-1603 and the Western Interstate Corrections Compact, §§ 24-60-801 to 24-60-805, do not apply to transfers to private correctional facilities in this state. Slater v. McKinna, 997 P.2d 1196 (Colo. 2000).
Insofar as the provisions of the Interstate Corrections Compact, §§ 24-60-1601 to 24-60-1603, and the Western Interstate Corrections Compact, §§ 24-60-801 to 24-60-805, are inconsistent with this section, this section prevails since it is the more specific. Slater v. McKinna, 997 P.2d 1196 (Colo. 2000).
Agreement authorizing transfer of out-of-state inmate to private prison in Colorado complies with this section and inmate is not entitled to habeas corpus relief. Slater v. McKinna, 997 P.2d 1196 (Colo. 2000).