Colorado § 17-20-117 - Inmate rehabilitation and work.

§ 17-20-117. Inmate rehabilitation and work.

Every inmate shall participate in the work most suitable to the inmate's capacity and that promotes the inmate's successful rehabilitation, reentry, and reintegration into the community. Inmates who work in the department are not entitled to any right, benefit, or privilege applicable to employees of the state of Colorado.

Source: L. 77: Entire title R&RE, p. 921, § 10, effective August 1. L. 79: Entire section amended, p. 694, § 48, effective July 1. L. 93: Entire section amended, p. 51, § 8, effective July 1. L. 2000: Entire section amended, p. 844, § 38, effective May 24. L. 2022: Entire section amended, (SB 22-050), ch. 51, p. 240, § 3, effective March 30.

Editor's note: This section is similar to former § 27-20-117 as it existed prior to 1977.

Cross references: For correctional industries, see article 24 of this title 17.

ANNOTATION

Law reviews. For comment on State v. Estate of Burnell, 165 Colo. 205, 439 P.2d 38 (1969), see 45 Den. L. J. 788 (1968).

Annotator's note. Since § 17-20-117 is similar to repealed § 27-20-117, relevant cases construing that provision have been included in the annotations to this section.

The costs of maintaining and caring for those in the various institutions of the state, be they penal or medical, are recoverable. Only the manner of recovering the costs differ; able-bodied convicts are put to work, and the estates of the mentally deficient or criminally insane in public institutions are charged with costs of care. State v. Estate of Burnell, 165 Colo. 205, 439 P.2d 38 (1968).

This legislative classification is reasonable. In making the distinction between the method of recovering the costs of confining and maintaining convicted criminals and of caring for and treating the criminally insane, the legislative difference in class is not unreasonable. The general assembly has given recognition to the fact that the criminally insane persons are ill and that many usually cannot be put to profitable work. State v. Estate of Burnell, 165 Colo. 205, 439 P.2d 38 (1968).

Thus, prisoners are required to perform labor and services for which they are paid after deducting an amount sufficient to pay the cost of maintenance of the convicts. In re Estate of Buzzelle v. Colo. State Hosp., 176 Colo. 554, 491 P.2d 1369 (1971).

Statute excludes inmates from workmen's compensation coverage. Orr v. Indus. Comm'n, 691 P.2d 1145 (Colo. App. 1984) (decided prior to enactment of § 8-52-104.5), aff'd on other grounds, 716 P.2d 1106 (Colo. 1986).

Applied in Ramos v. Lamm, 485 F. Supp. 122 (D. Colo. 1979).