(1) In addition to any other powers granted to the division by this article, the division shall have the following powers:
To provide programs which are profit-oriented, which generate revenue for their operation and capital investment, and which partly reimburse the general fund for the use of inmate labor for the expense of adult correctional services;
To develop, to the extent possible, programs that provide forty hours of work activityeach week for all able-bodied offenders;
To develop programs that assume responsibility for training offenders in general work habits, general work skills, and specific training skills which increase the offenders' employment prospects when released;
To acquire or purchase equipment, raw materials, supplies, office space, insurance,and services and to engage the supervisory personnel necessary to establish and maintain for the state programs at the state's correctional institutions pursuant to law;
To utilize the labor services of prisoners in the manufacture or production of goodsand services that are needed for the construction, operation, or maintenance of any office, department, institution, or agency supported in whole or in part by the state, any political subdivision of the state, or the federal government;
(I) To sell all goods and services, including capital construction items, produced bythe programs to agencies supported in whole or in part by the state, any political subdivision of the state, other states or their political subdivisions, or the federal government; or
(II) To sell such goods to lessors who have entered into lease-purchase agreements with any public entity enumerated in subparagraph (I) of this paragraph (f) pursuant to which such goods are leased to and used by such public entity;
To adopt, have, and use a seal and to alter the same at its pleasure;
To sue and be sued;
To enter into any contract or agreement not inconsistent with this article or the lawsof this state;
To borrow money from the state treasury in an amount not to exceed three milliondollars pursuant to section 24-75-203, C.R.S., for a period of time not to exceed ten years. All moneys borrowed, including principal and interest shall be repaid in nine equal annual installments, commencing after the first year. The three-million-dollar limit shall include any amounts loaned to correctional industries in supplemental appropriation bills passed prior to May 22, 1979.
(I) To purchase, lease, trade, exchange, or otherwise acquire, maintain, and disposeof real property and personal property and any interest therein pursuant to law.
(II) to (IV) Repealed.
(V) As used in this paragraph (k), "real property" means land, including land under water, buildings, structures, fixtures, and improvements on land, any property appurtenant to or used in connection with land, and every estate, interest, privilege, easement, right-of-way, and other right in land, legal or equitable, including, without limiting the generality of the foregoing, rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or otherwise, and the indebtedness secured by such liens. However, the term "real property" does not include leasehold interests.
To accept grants or loans from the federal, the state, or any local government and todo all things necessary, not inconsistent with this article or any other laws of this state, in order to avail itself of such aid, assistance, and cooperation under any federal legislation;
To enter into contracts, execute all instruments, and do all things necessary or convenient in the exercise of the powers granted in this article pursuant to law;
To have and exercise all rights and powers necessary or incidental to or implied fromthe specific powers granted in this article, which powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article;
To adopt rules and regulations pursuant to article 4 of title 24, C.R.S., consistent withthe provisions of this article;
To sell Colorado state flags produced by the programs to retailers in this state at aprice as near to the prevailing wholesale market price and quality as is practical and to individuals at retail price; however, the division must supply the requirements of state agencies and political subdivisions of the state before selling such flags as provided in this paragraph (p). The price of flags to state agencies and political subdivisions of this state shall be determined pursuant to section 17-24-112.
Repealed.
To utilize the labor services of prisoners in order to receive, repair, and distributesurplus property pursuant to the powers and duties provided in part 4 of article 82 of title 24, C.R.S., and to use such labor services in order to receive, repair, sell, or otherwise dispose of surplus state property as provided in section 17-24-106.6;
To authorize and issue revenue bonds pursuant to the provisions of section 17-24106.3;
To establish and operate a canteen for the use and benefit of the inmates of statecorrectional facilities and to operate vending machines for the use of visitors to such facilities.
(2) Repealed.
Source: L. 77: Entire title R&RE, p. 929, § 10, effective August 1. L. 79: (1)(j) amended, p. 707, § 1, effective May 22. L. 80: (1)(f) amended, p. 528, § 1, effective February 29; (1)(a) and (1)(b) amended, p. 526, § 4, effective March 25. L. 81: (1)(p) and (1)(q) added, p. 962, § 1, effective May 18. L. 82: (1)(j) amended, p. 623, § 16, effective April 2. L. 83: (1)(p) amended and (1)(q) repealed, p. 692, §§ 1, 2, effective March 3; (1)(f) amended, p. 690, § 1, effective April 29. L. 86: (2) added, p. 757, § 12, effective July 1; (1)(r) added, p. 753, § 1, effective July 1, 1987. L. 92: (1)(k) amended, p. 1062, § 1, effective June 1. L. 94: (1)(s) added, p. 315, § 2, effective March 22. L. 96: (1)(k)(III) amended, p. 1266, § 182, effective August 7. L. 97: (1)(j) amended, p. 78, § 1, effective March 24. L. 98: (1)(k)(II) to (1)(k)(IV) repealed, p. 728, § 12, effective May 18. L. 2002: (1)(r) amended, p. 220, § 2, effective April 3; (1)(t) added, p. 56, § 1, effective July 1.
Editor's note: (1) This section is similar to former § 27-25-103 as it existed prior to 1977.
(2) Subsection (2)(b) provided for the repeal of subsection (2), effective July 1, 1988.
(See L. 86, p. 757.)
Cross references: For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996.