Colorado § 17-1-115.8 - Corrections officer staffing - report - double shift criteria - definition.

§ 17-1-115.8. Corrections officer staffing - report - double shift criteria - definition.

(1) Notwithstanding section 24-1-136 (11)(a)(I), the department shall prepare a report for the members of the general assembly by January 15, 2014, and by January 15 each year thereafter, regarding corrections officer staffing levels. The report must include:

(a) Staffing levels for corrections officers at each correctional facility and private contract prison in Colorado;

(b) Staffing levels for corrections officers for each correctional facility security level; and

(c) A comparison of staffing levels at Colorado correctional facilities and the national standards adopted by the national institute of corrections and the American correctional association.

(2) The department shall develop criteria for when a corrections officer may work two consecutive shifts, and the criteria must apply to a seven-day period and must account for different security-level facilities.

(3) The department, through discussions with individual corrections officers, shall establish work period and compensation practices that comply with the following standards that:

(a) A work period for correctional officers may be from seven consecutive days to fourteen consecutive days in length. Overtime pay for correctional officers must be required when the number of hours worked exceeds the number of hours that bears the same relationship to eighty-five hours in a fourteen-day period.

(b) A corrections officer who works twelve or more hours in a single twenty-four-hour period must be paid the amount of one and one-half times the corrections officer's regular rate of pay for the time the corrections officer worked that exceeded eight and one-half hours, unless the additional time is part of the corrections officer's normal shift that is longer than eight and one-half hours and is part of a compressed, flexible, or alternative scheduling system;

(c) All department employees receive with their pay check a pay stub that clearly and accurately reflects all hours worked, standard rate of pay, rate of overtime pay, accrual of any paid leave and compensatory time, remaining paid leave, and compensatory time balances;

(d) The department shall establish administrative regulation practices that create greater flexibility in the staffing of facilities, including but not limited to employee shift substitution, voluntary overtime lists, roving, and pool staff coverage; and

(e) All practices must be compliant with federal wage and hour law.

(4) For purposes of this section, "corrections officer" means an employee of the department of corrections who is subject to the exemption in 29 U.S.C. sec. 207 (k); except that it does not include a parole officer.

Source: L. 2013: Entire section added (SB 13-210), ch. 261, p. 1377, § 1, effective August 7. L. 2017: IP(1) amended, (SB 17-031), ch. 92, p. 281, § 4, effective August 9. L. 2024: IP(3) and (3)(b) amended, (HB 24-1228), ch. 265, p. 1743, § 1, effective May 28.