Corrections - Digest of Bills

Digest of Bills - 1998

CORRECTIONS

S.B. 98-54 Nonstate-owned prison facilities - accreditation - hearing - appropriate security level for inmates. Requires all private prisons located in Colorado to be accredited by the American Correctional Association within 2 years of the date that it accepts its first inmate. Authorizes the executive director of the department of corrections to extend the period within which to obtain such accreditation upon a showing of good cause.

Requires any company proposing to build a private prison to conduct at least one public hearing in the county where the prison is to be built prior to submitting building plans to any local governmental agency.

Prohibits any out-of state inmate from being housed within the state in a private contract prison or a prison operated by a political subdivision of the state unless the prison meets or exceeds the appropriate security level for the inmate.

APPROVED by Governor June 1, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

H.B. 98-1054 Inmate disaster relief program. Establishes a program in the division of correctional industries in the department of corrections to create disaster relief crews composed of inmates from minimum restrictive or minimum security facilities. Directs that inmate disaster relief crews be made available to the state and other governmental agencies to protect life and property from natural or man-made disasters.

Directs the executive director of the department of corrections to promulgate rules governing the program, including inmate eligibility, procedures for requesting assistance, fees to be charged, and compensation payable to inmates. Authorizes the division of correctional industries to purchase equipment and provide training and to solicit donations to pay for the same. Specifies that the program will not be implemented until sufficient moneys are available to equip and train at least one inmate disaster relief crew. Specifies the general assembly's intent that no general fund moneys be spent on the program.

APPROVED by Governor March 16, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

H.B. 98-1079 Prisoner litigation - successive claims - attorney fees - filing fees. Requires state prisoners to exhaust administrative remedies prior to bringing any lawsuit based upon prison conditions under any state statute or constitutional provision. Permits a court to dismiss a prisoner's lawsuit without exhaustion of administrative remedies if it is frivolous, malicious, fails to state a claim, or seeks monetary relief against an immune defendant.

Prohibits a prisoner from filing another lawsuit based on prison conditions if the prisoner has on 3 or more occasions filed a frivolous lawsuit. Permits the prisoner to file an action if approved by a judge or if the prisoner is in imminent danger of serious physical injury.

Requires that any monetary award to a prisoner must be used to satisfy any pending court-ordered payment before payment to the prisoner.

Limits attorney fees that may be awarded against a defendant in a prisoner lawsuit to an amount:

Actually incurred in proving a violation of the prisoner's rights;
Proportionately related to the relief ordered or incurred in enforcing the award; and
Based upon an hourly rate of not more than 150% of the amount paid to court-appointed counsel.

Requires that an amount not to exceed 25% of any monetary judgment awarded in a prisoner lawsuit be used to satisfy any award of attorney fees entered in the lawsuit.

If a state prisoner is to file an action or appeal without prepaying the filing fee, requires the prisoner:

To file verified statements of the prisoner's trust fund account for the preceding 6 months;
If the prisoner has $10 or more in his or her trust fund account, to make an initial payment in accordance with the court's order; and
To make continuing monthly payments equal to 20% of the previous month's deposits in the prisoner's trust fund account until the filing fee is paid in full.

APPROVED by Governor April 13, 1998
EFFECTIVE April 13, 1998

H.B. 98-1103 Copayments for medical services to inmates. Eliminates the existing requirement that the department of corrections charge $3 against an inmate's account for certain visits by the inmate to an institutional or noninstitutional physician, dentist, or optometrist. Directs the department to assess a consistent copayment against an inmate's account for every medical, dental, or optometric service provided to such inmate. Specifies that the medical service copayment rate need not be the same as the dental and optometric copayment rate. Requires the department to communicate the new mandatory copayment policy to every correctional facility that provides medical, dental, or optometric services to inmates.

Directs the executive director of the department of corrections to promulgate rules concerning copayments, which rules are to address the following:

The amount of the consistent copayment for medical services;
The amount of the consistent copayment for dental and optometric services;
The procedures that department personnel are to follow in assessing copayments;
The exclusive bases for waiving copayments;
The information that department personnel are to obtain at the time that services are rendered; and
The disciplinary action to be taken against department personnel who fail to assess the copayment.

Directs the department of corrections to monitor the information collected about copayments to ensure that the copayments are being assessed consistently. Requires the department to report to the legislative audit committee by September 1, 1999, concerning the medical, dental, and optometric services rendered before and after the enactment of the act and the copayments collected before and after. Directs the department to analyze the effectiveness of the revised copayment schedule in improving consistency of practice and reducing the provision of unnecessary medical services to inmates.

APPROVED by Governor April 10, 1998
EFFECTIVE April 10, 1998

H.B. 98-1178 Correctional industries - approval of programs at nonstate-owned facilities. Requires any business program utilizing inmate labor at a private prison or a detention facility operated by a political subdivision of the state to be approved by the division of correctional industries in the department of corrections. Exempts from the approval requirement any labor program at a community corrections facility, any labor program at a county facility that only houses state prisoners due to a backlog of prisoners in state-operated facilities, and any program operated by a local government or combination of local governments that has been approved by the local governments. Authorizes the division to promulgate rules concerning requirements for approval. Requires a nonstate-owned prison facility to distribute a Colorado inmate's pay in the same manner that the department of corrections distributes an inmate's pay from the division of correctional industries. Directs a nonstate-owned facility to distribute wages of an inmate from another state pursuant to the contract between the facility and the other state.

Expands the corrections industry advisory board to include a county sheriff appointed by the governor. Directs the advisory board to review the feasibility and effect of any business program at a nonstate-owned prison facility and to make recommendations on the programs to the director of the division.

APPROVED by Governor April 21, 1998
EFFECTIVE April 21, 1998

H.B. 98-1236 Regimented inmate discipline program - completion. Provides that an offender who completes a regimented inmate discipline program within 28 months prior to the offender's parole eligibility date is eligible for placement in a community corrections program.

Provides that an offender who completes a regimented discipline program is eligible for placement in an intensive supervision program even if the offender has more than 180 days remaining before the offender's parole eligibility date.

APPROVED by Governor April 17, 1998
EFFECTIVE July 1, 1998