Colorado § 17-1-104.3 - Correctional facilities - locations - security level - report - repeal.

§ 17-1-104.3. Correctional facilities - locations - security level - report - repeal.

(1) (a) Each facility operated by or under contract with the department shall have a designated security level. Designation of security levels shall be as follows:

(I) Level I facilities shall have designated boundaries, but need not have perimeter fencing. Inmates classified as minimum may be incarcerated in level I facilities, but generally inmates of higher classifications shall not be incarcerated in level I facilities.

(II) Level II facilities shall have designated boundaries with a single or double perimeter fencing. The perimeter of level II facilities shall be patrolled periodically. Inmates classified as minimum restrictive and minimum may be incarcerated in level II facilities, but generally inmates of higher classifications shall not be incarcerated in level II facilities.

(III) Level III facilities generally shall have towers, a wall or double perimeter fencing with razor wire, and detection devices. The perimeter of level III facilities shall be continuously patrolled. Appropriately designated close classified inmates, medium classified inmates, and inmates of lower classification levels may be incarcerated in level III facilities, but generally inmates of higher classifications shall not be incarcerated in level III facilities.

(IV) Level IV facilities shall generally have towers, a wall or double perimeter fencing with razor wire, and detection devices. The perimeter of level IV facilities shall be continuously patrolled. Close classified inmates and inmates of lower classification levels may be incarcerated in level IV facilities, but generally inmates of higher classifications shall not be incarcerated in level IV facilities on a long-term basis.

(V) Level V facilities comprise the highest security level and are capable of incarcerating all classification levels. The facilities shall have double perimeter fencing with razor wire and detection devices or equivalent security architecture. These facilities generally shall use towers or stun-lethal fencing as well as controlled sally ports. The perimeter of level V facilities shall be continuously patrolled.

(b) The correctional facilities operated by the department, the location of such facilities, and the designated security level of such facilities shall be as follows:

Correctional facility

Location

Security level

Colorado state penitentiary

Fremont county

Level V

Centennial correctional facility

Fremont county

Level V

Limon correctional facility

Lincoln county

Level IV

Arkansas Valley correctional facility

Crowley county

Level III

Buena Vista correctional complex

Chaffee county

Level III

Colorado Territorial correctional

facility

Fremont county

Level III

Fremont correctional facility

Fremont county

Level III

Arrowhead correctional center

Fremont county

Level II

Four Mile correctional center

Fremont county

Level II

Skyline correctional center

Fremont county

Level I

Colorado correctional center

Jefferson county

Level I

Delta correctional center

Delta county

Level I

Rifle correctional center

Garfield county

Level I

Colorado correctional alternative

program

Chaffee county

Level I

Denver reception and diagnostic

center

City and county of

Denver

Level V

La Vista correctional facility

Pueblo county

Level III

San Carlos correctional facility

Pueblo county

Level V

Sterling correctional facility

Logan county

Level V

Trinidad correctional

Las Animas county

Level II

Denver women's correctional facility

City and county of

Denver

Level V

Youthful offender system

Pueblo county

Level III

(b.5) Not more than six hundred and fifty beds at the Centennial south campus of the Centennial correctional facility may be operated by the department for the purpose of housing inmates who are close custody inmates. At the discretion of the executive director, the department may house inmates of a lower than close custody level in order to facilitate the movement of inmates displaced as a result of prison closure, during a declared disaster emergency by the governor, or if the lower than close custody inmate is voluntarily assigned to work at the facility, or voluntarily serving as a mentor peer-support, or in another other leadership role as part of departmental programming with the purpose of progressing close custody inmates to lower security levels. The underlying declared disaster emergency must impact state prison operations.

(b.6) (I) Notwithstanding any other provision of law to the contrary, the Centennial correctional facility-south c-tower may be used to temporarily house protective-, close-, and medium-custody inmates for the Sterling correctional facility access controls project, for the duration of that project, and for the time required to temporarily relocate the inmates and then return them to the Sterling correctional facility. To the extent feasible, the department shall house an inmate from the Sterling correctional facility in the Centennial correctional facility-south c-tower only after determining that there are no suitable beds available that would not require additional appropriations to house that inmate in another facility operated by the department of corrections.

(II) The department shall, at least thirty days prior to relocating any inmates pursuant to subsection (1)(b.6)(I) of this section, provide a structured relocation plan to the joint budget committee and the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, and shall update those committees during the project. The plan must include, but is not limited to:

(A) What specific educational, rehabilitative, and vocational programs or classes will be available to the inmates, including the type of programs, the number of inmates that can be enrolled in each program, the length of each program, and the location where each program will be delivered;

(B) What behavioral health and medical care will be available;

(C) What employment opportunities will be available and the rate of pay for each employment opportunity;

(D) What recreational opportunities will be available, including the location and length of time that an inmate will be able to access the recreational opportunities;

(E) What visitation opportunities will be available, how often they will be available, the location for visitation, and whether that visitation is contact or non-contact;

(F) How many hours a day an inmate will be allowed out of their cell based on their medium- or close-custody level or protective-custody status;

(G) Whether, prior to transfer, the department plans to conduct a reclassification or other custody review on any medium security inmate to determine whether the inmate is appropriate to progress or have an override to minimum-restrictive custody; and

(H) An estimate of how long inmates will be temporarily held at Centennial correctional facility-south c-tower and if the relocations will be based on the duration of the access controls project at the Sterling correctional facility.

(III) The department shall provide updates on the status of the access controls project at its "SMART Act" hearing required by section 2-7-203.

(IV) This subsection (1)(b.6) is repealed, effective June 30, 2027.

(b.7) Repealed.

(c) For the purposes of retrofitting the Pueblo minimum center from a level II facility to a level III facility, the department shall expend moneys received from the federal "Jobs and Growth Tax Relief Reconciliation Act of 2003", as amended, Pub.L. 108-27, and shall not request additional capital construction dollars for this purpose.

(2) Subsection (1) of this section shall be construed to set forth the features and general operation status of the facilities described in that subsection. Nothing in subsection (1) of this section shall be construed to define or restrict the custody level of inmates placed in the facilities described in that subsection.

(3) (Deleted by amendment, L. 2000, p. 831, § 6, effective May 24, 2000.)

(4) Repealed.

(5) Notwithstanding section 24-1-136 (11)(a)(I), monthly the department shall submit a project status report on construction and a monthly population and capacity report to the office of state planning and budgeting, the joint budget committee, the capital development committee, and the legislative council. The monthly population and capacity report must include information on state and private contract facilities, including operational capacity for the previous month, the month just ending and capacity changes, on grounds population, and operational capacity for this period in the previous year. The department shall include total beds occupied in each facility, state or private contract, by custody level and by gender. The report shall itemize operational capacities for jail backlog, community corrections, parole, youthful offenders, escapees, and revocations.

Source: L. 93: Entire section added, p. 1976, § 2, effective July 1. L. 95: Entire section amended, p. 873, § 7, effective May 24; (3)(a) amended, p. 1273, § 6, effective June 5. L. 97: (1) amended, p. 1586, § 2, effective June 4. L. 98: (4) amended, p. 727, § 8, effective May 18. L. 2000: (1), (3), and (4) amended and (5) added, p. 831, § 6, effective May 24. L. 2001: IP(1)(b) amended, p. 1271, § 21, effective June 5; (4) repealed, p. 1176, § 4, effective August 8. L. 2004: (1)(b) amended, p. 244, § 5, effective April 5; (1)(b) amended, p. 192, § 5, effective August 4. L. 2005: (1)(b) amended and (1)(c) added, p. 229, § 1, effective August 8. L. 2009: (1)(b) amended, (SB 09-034), ch. 55, p. 195, § 1, effective August 5. L. 2011: (1)(b) amended, (SB 11-214), ch. 147, p. 511, § 2, effective March 1, 2012. L. 2012: (1)(b.5) added, (HB 12-1337), ch. 144, p. 522, § 1, effective August 8. L. 2017: (5) amended, (SB 17-031), ch. 92, p. 280, § 1, effective August 9. L. 2018: (1)(b) amended, (HB 18-1375), ch. 274, p. 1699, § 17, effective May 29. L. 2019: (1)(b.7) added, (SB 19-259), ch. 289, p. 2670, § 1, effective August 2. L. 2020: (1)(b.5) amended and (1)(b.7) repealed, (HB 20-1019), ch. 9, p. 23, § 2, effective March 6. L. 2021: (1)(b.5) amended, (SB 21-146), ch. 459, p. 3088, § 13, effective July 6. L. 2025: (1)(b.6) added, (SB 25-212), ch. 327, p. 1705, § 2, effective May 31.

Editor's note: Amendments to subsection (1)(b) by Senate Bill 04-123 and Senate Bill 04-067 were harmonized.

Cross references: For the legislative declaration in SB 25-212, see section 1 of chapter 327, Session Laws of Colorado 2025.