The provisions of this title relating to the placement, assignment, management, discipline, and classification of inmates shall not be subject to section 24-4-103, 24-4-105, or 24-4-106, C.R.S.
Source: L. 83: Entire section added, p. 687, § 1, effective May 20. L. 90: Entire section amended, p. 954, § 22, effective June 7. L. 2000: Entire section amended, p. 836, § 13, effective May 24. L. 2004: Entire section amended, p. 1197, § 49, effective August 4.
ANNOTATION
Any right that may have existed to obtain review of a prison disciplinary action under the State Administrative Procedure Act (APA) was eliminated by the enactment of this section. Crawford v. State Dept. of Corr., 895 P.2d 1156 (Colo. App. 1995).
This section precludes review of prison disciplinary actions under § 24-4-106 of the APA. Crawford v. State Dept. of Corr., 895 P.2d 1156 (Colo. App. 1995).
The term "management" encompasses the approved treatment provider review board's actions in approving or disapproving treatment providers. Therefore, the board's denial of a treatment provider is exempt from review under the APA. Wisdom Works Counseling v. Dept. of Corr., 2015 COA 118, 360 P.3d 262.
This section applies to regulations concerning the implementation of the death penalty. Even though the statute directing the executive director to provide for the implementation of a death sentence is contained in title 18, it is part of his or her duties as described in § 17-1-103, and therefore this section applies. The regulations concerning the implementation of a death sentence are not subject to the provisions of § 24-4-103 of the APA. Dunlap v. Dept. of Corr., 2013 COA 63, 303 P.3d 572.