Colorado § 24-1-128.5 - Department of corrections - creation.

§ 24-1-128.5. Department of corrections - creation.

(1) There is hereby created a department of corrections, the head of which shall be the executive director of the department of corrections, who shall be appointed by the governor, with the consent of the senate, and who shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.

(1.5) The department of corrections shall supervise and control each correctional facility, as defined in section 17-1-102. The powers, duties, and functions of the department of corrections include the powers, duties, and functions of the former department of institutions relating to honor camps, work release programs, and other adult correctional programs. The powers, duties, and functions of the department of corrections also include the powers, duties, and functions of the former division of parole in the department of institutions, and the division of parole in the department of institutions is abolished. The executive director of the department of corrections has the powers and duties specified in title 17.

(2) The department of corrections consists of the following divisions:

(a) The division of adult parole, the head of which is the director of the division of adult parole. The division of adult parole is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of corrections.

(b) The division of correctional industries, the head of which is the director of the division of correctional industries. The division supervises and controls correctional industries programs in this state. The division is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of corrections.

(c) (Deleted by amendment, L. 2000, p. 859, § 73, effective May 24, 2000.)

(3) The state board of parole, created in part 2 of article 2 of title 17, is a type 1 entity, as defined in section 24-1-105.

(3.5) The division of correctional industries includes, as a section thereof, the Colorado state agency for surplus property, created in part 4 of article 82 of this title 24. The agency is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of corrections. The agency is allocated to the division of correctional industries as a section thereof.

(4) Any powers, duties, and functions relating to adult corrections which were previously vested in the department of institutions and are not specifically transferred to the department of corrections shall be assigned thereto by the governor.

Source: L. 77: Entire section added, p. 950, § 15, effective July 13. L. 79: (2)(a) amended, p. 702, § 75, effective June 21. L. 86: (3.5) added, pp. 755, 886, §§ 4, 12, effective July 1. L. 90: (2)(c) added, p. 977, § 5, effective July 1. L. 2000: (2)(a) and (2)(c) amended, p. 859, § 73, effective May 24. L. 2010: (1.5) added and (2)(a) amended, (SB 10-130), ch. 106, p. 355, § 1, effective April 15. L. 2022: (1.5), IP(2), (2)(a), (2)(b), (3), and (3.5) amended, (SB 22-162), ch. 469, p. 3421, § 201, effective August 10.

Cross references: For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.