Colorado § 16-16-103 - Place of confinement - extension of limits.

§ 16-16-103. Place of confinement - extension of limits.

(1) The wardens, with the approval of the executive director, shall designate one or more facilities that may be physically separated from the correctional facilities and that may be used for the following purposes:

(a) Honor farm or camp;

(b) Agricultural, industrial, or vocational training or rehabilitation;

(c) Preparole center;

(d) Medical treatment or research center;

(e) Work-release residential center;

(f) Any other use or function properly connected with or in aid of the uses and purposes of correctional facilities.

(2) The executive director, in the exercise of his or her discretion, may extend the limits of confinement of any inmate in the following instances:

(a) Repealed.

(b) To work at paid employment or participate in a program of job training, only if:

(I) Representatives of labor organizations in the community in which the inmate will work or obtain employment are advised of such actions;

(II) Such paid employment will not result in the significant displacement of employed workers, or such inmates will not be utilized in skills, crafts, or trades in which there is a surplus of available labor in the community, or such inmates will not impair existing contracts for services;

(III) The rates of pay, hours, and other conditions of employment will be substantially comparable to those afforded others in the community for the performance of work of a similar nature.

(3) (a) Any inmate who is allowed to participate in such paid employment or in such job training for which a subsistence allowance is paid in connection with the job training shall pay over to the executive director all moneys received from the paid employment or job training; except that the inmate may retain that part of the moneys so received that the executive director deems necessary for expenses connected with the employment or job training. These expenses shall include, but not be limited to, travel expenses, food expenses, clothing, tools, and safety equipment.

(b) The remainder of the moneys shall be disbursed by the executive director for the following purposes, in the order stated:

(I) To the state treasurer for the reasonable cost of the inmate's confinement as determined by the executive director;

(II) The support of the inmate's dependents, if any;

(III) The payment, either in full or ratably, of the inmate's obligations acknowledged by him in writing or which have been reduced to judgment;

(IV) The balance, if any, to the inmate upon his parole or discharge.

(c) The state of Colorado shall have a lien upon the wages or subsistence allowance of any such inmate who fails to comply with the provisions of this subsection (3).

(4) The extension of the limits of confinement by the executive director shall not for any purpose be considered to be parole as provided in part 2 of article 2 or article 22.5 of title 17, C.R.S.

Source: L. 67: p. 882, § 3. C.R.S. 1963: § 39-22-3. L. 76: IP(1), IP(2), (2)(a)(I), (2)(a)(II), (2)(a)(III), (3)(a), IP(3)(b), (3)(b)(I), and (4) amended, p. 532, § 11, effective April 9. L. 77: IP(2) and (3)(a) amended, p. 903, § 8, effective August 1. L. 79: IP(1) and (1)(f) amended, p. 684, § 19, effective July 1; (4) amended, p. 1635, § 25, effective July 19. L. 84: (4) amended, p. 524, § 3, effective July 1. L. 96: (2)(a) repealed, p. 1145, § 2, effective July 1. L. 2000: IP(2) and (3)(a) amended, p. 852, § 60, effective May 24. L. 2010: IP(1), IP(2), (3)(a), IP(3)(b), (3)(b)(I), and (4) amended, (SB 10-130), ch. 106, p. 356, § 3, effective April 15.

ANNOTATION

Applied in People v. Lucero, 654 P.2d 835 (Colo. 1982).

ARTICLE 17

Commutation of Sentence

16-17-101. Governor may commute sentence.

16-17-102. Application - character certificate - pardons.

16-17-103. Effect of pardon and commutation of sentence - definitions.