Colorado § 17-27.7-103 - Regimented inmate training program - eligibility of offenders.

§ 17-27.7-103. Regimented inmate training program - eligibility of offenders.

(1) The executive director may assign an inmate to a regimented inmate training program pursuant to section 17-40-102 (2). The executive director shall assign to a regimented inmate training program only those inmates who are nonviolent offenders thirty years of age or younger who are not serving a sentence and have not served a previous sentence in a correctional facility for an unlawful sexual behavior offense described in section 16-22-102 (9), a crime of violence described in section 18-1.3-406, an assault offense described in part 2 of article 3 of title 18, or a child abuse offense described in part 4 of article 6 of title 18; or who are not presently serving a sentence for a nonviolent offense that was reduced from an unlawful sexual behavior offense described in section 16-22-102 (9), a crime of violence described in section 18-1.3-406, an assault offense described in part 2 of article 3 of title 18, or a child abuse offense described in part 4 of article 6 of title 18, as a result of a plea agreement; or who are not aliens subject to a removal order. Any offender assigned to the program must be free of any physical or mental disability that could jeopardize his or her ability to complete the program. The department may eliminate any offender from the program upon a determination by the department that a physical disability or a mental health disorder will prevent full participation in the program by the offender. The department is absolved of liability for participation in the program.

(2) The executive director shall assign no more than one hundred offenders to the regimented inmate training program at any one time. No more than a maximum of four hundred offenders shall be assigned to the program in any one year. However, the executive director may assign offenders to the program to replace those offenders who fail to complete the program.

Source: L. 90: Entire article added, p. 964, § 1, effective June 7. L. 92: (1) amended, p. 254, § 1, effective March 16. L. 2002: (1) amended, p. 1508, § 172, effective October 1. L. 2004: (1) amended, p. 187, § 1, effective April 1. L. 2017: (1) amended, (HB 17-1046), ch. 50, p. 158, § 9, effective March 16. L. 2018: (1) amended, (SB 18-091), ch. 35, p. 386, § 18, effective August 8.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.

ANNOTATION

Immunity provision is constitutional. Norsby v. Jensen, 916 P.2d 555 (Colo. App. 1995).

Specific immunity provision in subsection (1) of this section prevails over general waiver of immunity in § 24-10-106 (1)(b), which is both earlier and less specific. Norsby v. Jensen, 916 P.2d 555 (Colo. App. 1995).

Immunity also extends to the state and to employees of the department, since the legislative rationale for immunizing the department also supports an interpretation that would also encompass these parties. Norsby v. Jensen, 916 P.2d 555 (Colo. App. 1995).

Although the executive director and not the sentencing court has the authority to assign a defendant to the regimented inmate training program (RITP), a trial court does not exceed its authority by making a recommendation to the department or simply by including on the mittimus a finding as to the defendant's eligibility for RITP. People v. Young, 894 P.2d 19 (Colo. App. 1994).