Colorado § 16-11-308.5 - Authority to contract with a county or a city and county for placement of prisoners in custody of executive director.

§ 16-11-308.5. Authority to contract with a county or a city and county for placement of prisoners in custody of executive director.

(1) The general assembly hereby finds and declares that the department of corrections needs to reduce the backlog of state prisoners in local jails and that such reduction may occur by means of contracting with local jails for jail space in an amount equal to the number of inmates backlogged in local jails. The general assembly also finds and declares that it is the general assembly's intent that the department of corrections cooperate with each contracting county or city and county to select inmates for placement who will eventually be released in that county, city and county, or geographic area, or who have special protective needs, or who have occupational skills or plans that are compatible with the county's or city and county's needs.

(1.5) For the purposes of this section, "local jail" means a jail or an adult detention center of a county or city and county.

(2) (a) The executive director of the department of corrections may enter into a contract with any county or city and county for the placement in a local jail of any person who is in the custody of the executive director. Subject to appropriations, the executive director may provide an incentive to any county or city and county to encourage such county or city and county to so contract. The incentive shall not exceed ten percent of the daily rate as determined pursuant to section 17-1-112, C.R.S., multiplied by the number of days of confinement of any such person in such local jail.

(b) In any such placement in a local jail, the executive director shall be governed by the provisions of section 16-11-308 and shall retain jurisdiction over any person so placed for the purpose of any transfer to a state institution or treatment facility pursuant to section 16-11-308 (5).

(3) Except for contracts executed in the fiscal year beginning July 1, 1988, the board of county commissioners in each county or city council of each city and county desiring to contract with the department of corrections shall notify said department, on or before September 1 of each year, of the jail space available for contract on July 1 of the following year.

(4) Commencing with the fiscal year beginning July 1, 1988, the department of corrections shall execute contracts with counties or city and counties indicating a willingness to contract for available jail space as soon as is practicable after July 1, 1988.

(5) Beginning with budget requests required to be submitted by November 1, 1988, the executive director of the department of corrections shall include the costs of contracting for jail space in the department's annual budget request to be submitted to the joint budget committee.

Source: L. 88: Entire section added, p. 676, § 1, effective July 1; entire section added, p. 709, § 7, effective July 1. L. 91: (1) to (4) amended and (1.5) added, p. 339, § 4, effective May 24. L. 93: (1.5) and (2)(a) amended, p. 406, § 4, effective April 19.

Cross references: For the authority of counties to enter into contracts with the executive director of the department of corrections, see § 30-11-101 (1)(h).

ANNOTATION

C.R.C.P. 106(a)(4) provides a method to review actions taken by county employee based upon the department of corrections code of penal discipline. Murphy v. Pakenham, 923 P.2d 375 (Colo. App. 1996).