(1) As used in this section, unless the context otherwise requires:
"Inmate labor program" means a program operated at a nonstate-owned prison facility as a business or for profit utilizing in whole or in part labor of inmates; except that "inmate labor program" does not include a program that is operated by a local government or combination of local governments of this state as a nonprofit business within the jurisdiction boundaries of the local government or governments and whose operation has been reviewed and approved by the local government or local governments.
"Nonstate-owned prison facility" means any private correctional facility or any jail orother detention facility operated by a political subdivision of the state that houses state prisoners or that houses inmates from another state whose incarceration in this state is approved pursuant to section 17-1-104.5; except that "nonstate-owned prison facility" shall not include a jail or other detention facility operated by a political subdivision of the state that only houses state prisoners pursuant to a contract under section 16-11-308.5 (2), C.R.S., or a facility in which a community corrections program is operated pursuant to article 27 of this title.
(2) (a) On and after March 1, 1999, all inmate labor programs operated at a nonstateowned prison facility shall be approved by the division prior to commencing operations.
(b) Repealed.
(3) (a) On or before February 1, 1999, the division shall promulgate rules governing the approval required by subsection (2) of this section including but not limited to:
Establishing a procedure for approving inmate labor programs that shall include review by the correctional industries advisory committee of a business plan for each inmate labor program;
Establishing the duration of any approval and procedures for reapproval and revocation of any approval;
Requiring all inmate labor programs to comply with all federal laws and regulationsrelating to the use of inmate labor;
Requiring that all goods or services be priced at prevailing market rates; except thatgoods or services sold to governmental or nonprofit entities may be priced at wholesale cost;
Requiring that persons employed by a nonstate-owned prison facility shall not beinvolved in decisions involving the inmate labor program relating to persons or entities with whom the person has a conflict or potential conflict of interest;
Requiring that inmates be compensated as determined by rule promulgated by thedepartment;
Requiring that all records pertaining to inmate labor programs shall be availablefor inspection and copying by representatives of the division to ensure compliance with this section and any rules promulgated thereunder; and
Requiring nonstate-owned prison facilities to reimburse the division for any expenses incurred in certifying and monitoring the inmate labor programs.
(b) The rules promulgated pursuant to this subsection (3) shall be substantially similar to the rules governing programs at facilities operated by the department.
(4) (a) Each nonstate-owned prison facility operating an inmate labor program shall hold wages earned by a state prisoner in trust for the prisoner in a revenue-producing account until the prisoner is paroled or discharged from custody. Out of the wages held in trust for a state prisoner pursuant to the provisions of this paragraph (a), the nonstate-owned prison facility shall make disbursements pursuant to the provisions of section 17-24-122 (4) and (5). Section 17-24-122 (6) shall also apply to any wages held in trust for a state prisoner pursuant to this paragraph (a).
(b) Each nonstate-owned prison facility operating an inmate labor program shall hold and distribute wages earned by an inmate from a state other than Colorado pursuant to the statutes and rules of that state or the contract between that state and the prison facility.
Source: L. 98: Entire section added, p. 424, § 1, effective April 21.
Editor's note: Subsection (2)(b)(II) provided for the repeal of subsection (2)(b), effective January 1, 2000. (See L. 98, p. 424.)