As used in this title 17, unless the context otherwise requires: (1) and (1.3) (Deleted by amendment, L. 93, p. 404, § 1, effective April 19, 1993.)
(1.7) "Correctional facility" means any facility under the supervision of the department in which persons are or may be lawfully held in custody as a result of conviction of a crime.
"Department" means the department of corrections.
(Deleted by amendment, L. 94, p. 602, § 2, effective July 1, 1994.)
"Executive director" means the executive director of the department of corrections.
and (6) (Deleted by amendment, L. 2000, p. 829, § 2, effective May 24, 2000.)
(6.5) "Inmate" means any person who is sentenced to a term of imprisonment for a violation of the laws of this state, any other state, or the United States.
"Local jail" means a jail or an adult detention center of a county or city and county.
(7.3) "Private contract prison" means any private prison facility in this state operated by a political subdivision of this state or an incorporated or unincorporated business entity; except that "private contract prison" does not include any local jail, multijurisdictional jail, or community corrections center.
(7.5) (a) "Special needs offender" means a person in the custody of the department:
Who is fifty-five years of age or older and has been diagnosed by a licensed healthcare provider who is employed by or under contract with the department as suffering from a chronic infirmity, illness, condition, disease, or behavioral or mental health disorder and the department or the state board of parole determines that the person is incapacitated to the extent that he or she is not likely to pose a risk to public safety;
Who, as determined by a licensed health care provider who is employed by or undercontract with the department, suffers from a chronic, permanent, terminal, or irreversible physical illness, condition, disease, or a behavioral or mental health disorder that requires costly care or treatment and who is determined by the department or the state board of parole to be incapacitated to the extent that he or she is not likely to pose a risk to public safety; or
(Deleted by amendment, L. 2011, (SB 11-241), ch. 200, p. 831, § 1, effective May
23, 2011.)
Who, as determined by a licensed health care provider who is employed by or undercontract with the department, on the basis of available evidence, not including evidence resulting from a refusal of the person to accept treatment, does not have a substantial probability of being restored to competency for the completion of any sentence and is not likely to pose a risk to public safety. As used in this subsection (7.5)(a)(IV), "competency" has the same meaning as "competent to proceed", as defined in section 16-8.5-101 (5).
(b) Notwithstanding the provisions of paragraph (a) of this subsection (7.5), "special needs offender" does not include a person who:
Was convicted of a class 1 felony, unless the offense was committed before July 1,1990, and the offender has served at least twenty years in a department of corrections facility for the offense; or
Was convicted of a class 2 felony crime of violence as described in section 18-1.3406, C.R.S., and the offender has served fewer than ten years in a department of corrections facility for the offense.
(Deleted by amendment, L. 2011, (SB 11-241), ch. 200, p. 831, § 1, effective May23, 2011.)
"State inmate" means any person who is sentenced by the state to a term of imprisonment in a correctional facility or who is sentenced to a term of imprisonment pursuant to section 16-11-308.5, C.R.S.
(8.5) "Tampering" means intentionally attempting to disable, damage, or destroy an electronic monitoring device so as to render the device nonfunctional in order to avoid supervision.
"Warden" means the administrative head of a correctional facility.
Source: L. 77: Entire title R&RE, p. 904, § 10, effective August 1. L. 79: Entire section R&RE, p. 685, § 21, effective July 1. L. 91: (1) amended and (1.3), (1.7), and (5) to (8) added, p. 336, § 1, effective May 24. L. 93: (1), (1.3), and (7) amended, p. 404, § 1, effective April 19. L. 94: (3) amended and (9) added, p. 602, § 2, effective July 1. L. 2000: (5), (6), (8), and (9) amended and (6.5) and (7.3) added, p. 829, § 2, effective May 24; (7.5) added, p. 1495, § 1, effective July 1, 2001. L. 2002: (7.5)(b)(II) and (7.5)(b)(III) amended, p. 1499, § 156, effective October 1. L. 2003: (7.5)(a) amended, p. 1910, § 1, effective August 6. L. 2006: (7.5)(a)(I) amended, p. 1398, § 44, effective August 7. L. 2011: (7.5) amended, (SB 11-241), ch. 200, p. 831, § 1, effective May 23. L. 2014: (8.5) added, (HB 14-1044), ch. 199, p. 727, § 1, effective May 15. L. 2017: IP, (7.5)(a)(I), and (7.5)(a)(II) amended, (SB 17-242), ch. 263, p. 1301, § 128, effective May 25. L. 2018: (7.5)(a)(I) and (7.5)(a)(II) amended and (7.5)(a)(IV) added, (HB 181109), ch. 139, p. 912, § 1, effective April 23. L. 2019: (7.5)(a)(IV) amended, (SB 19-223), ch. 227, p. 2292, § 18, effective July 1. L. 2020: (7.3) amended, (HB 20-1019), ch. 9, p. 23, § 1, effective March 6.
Cross references: For the legislative declaration contained in the 2002 act amending subsections (7.5)(b)(II) and (7.5)(b)(III), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.