(1) The general assembly hereby finds and declares that the installation and operation of electrified, lethal perimeter security systems at certain state correctional facilities will enhance the safety of the citizens of this state and will result in reduced costs for operating such correctional facilities.
The department is authorized, through its agents and contractors, to design and construct electrified, lethal perimeter security systems at correctional facilities to be managed, operated, supervised, and controlled by the department if the department determines the use of such security systems to be necessary and appropriate.
The department, any agent of the department, or contractor hired by the departmentfor the design and construction of an electrified, lethal perimeter security system at a state correctional facility shall be provided all protections of governmental immunity provided to public employees by article 10 of title 24, C.R.S., including but not limited to the payment of judgments and settlements, the provision of legal defense, and the payment of costs incurred in court actions in regard to any and all claims arising from the design and construction, consistent with the design approved by the department, of the lethal aspect of such security system.
The provisions of subsection (3) of this section shall be construed as a specific exception for independent contractors hired to design and construct electrified, lethal perimeter security systems at state correctional facilities from the general exclusion of independent contractors from the protections of governmental immunity provided in article 10 of title 24, C.R.S.
Source: L. 97: Entire section added, p. 1587, § 3, effective June 4.