(1) (a) Any county may provide a program whereby any person sentenced to the county jail upon conviction for a crime, nonpayment of any fine or forfeiture, or contempt of court may be granted by the court the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:
Seeking employment;
Working at his or her employment;
Conducting his or her own business or other self-employed occupation includinghousekeeping and attending to the needs of the family;
Attendance at an educational institution;
Medical treatment;(VI) Home detention; or (VII) Day reporting.
(b) A court may order a person who would otherwise be sentenced to the county jail upon conviction of a crime to be sentenced directly to an available day reporting program if the court deems such a sentence to be appropriate for the offender.
(1.1) For purposes of this section, "home detention" means an alternative correctional sentence or term of legal supervision wherein a defendant charged or convicted of a misdemeanor, felony, nonpayment of any fine, or contempt of court is allowed to serve his or her sentence or term of supervision, or a portion thereof, within his or her home or other approved residence. Such sentence or term of supervision shall cause the defendant to remain within such defendant's approved residence at all times except for approved employment, court-ordered activities, and medical needs. Supervision of the defendant shall include personal monitoring by an agent or designee of the referring unit of government and monitoring by electronic or global positioning devices that are capable of detecting and reporting the defendant's absence or presence within the approved residence.
(1.3) Before a court may grant a person sentenced to the county jail the privilege of leaving the jail to attend a postsecondary educational institution, the court shall first notify the prosecuting attorney and the postsecondary educational institution of its intention to grant the privilege and request their comments thereon. The notice shall include all relevant information pertaining to the person and the crime for which he or she was convicted. Both the prosecuting attorney and the postsecondary institution shall reply to the court in writing within fourteen days after receipt of the notification or within such other reasonable time in excess of fourteen days as specified by the court. The postsecondary educational institution's reply shall include a statement of whether or not it will accept the person as a student. Acceptance by a state postsecondary educational institution shall be pursuant to section 23-5-106, C.R.S.
Unless directly sentenced to a day reporting program pursuant to paragraph (b) ofsubsection (1) of this section or unless such privilege is otherwise expressly granted by the sentencing court, the prisoner shall be confined as sentenced. The prisoner may petition the court for such privilege at the time of sentencing or thereafter and, in the discretion of the court, may renew his or her petition. The court may withdraw the privilege at any time by order entered with or without notice.
The sheriff or the director of an alternative sentencing program may endeavor tosecure employment for unemployed prisoners under this section. If a prisoner is employed for wages or salary, the sheriff may collect the same or require the prisoner to turn over his or her wages or salary in full when received, and the sheriff shall deposit the same in a trust checking account and shall keep a ledger showing the status of the account of each prisoner.
Every prisoner gainfully employed shall be liable for the cost of his or her board inthe jail or the cost of the supervision and administrative services if he or she is home-detained, as fixed by the board of county commissioners. If necessarily absent from jail at mealtime, he or she shall, at his or her request, be furnished with an adequate nourishing lunch to carry to work. The sheriff or the director of the alternative sentencing program, as may be applicable, shall charge his or her account, if he or she has one, for such board. If the prisoner is gainfully selfemployed, he or she shall pay the sheriff or the director of the alternative sentencing program for such board, in default of which his or her privilege under this section is automatically forfeited. If the jail food is furnished directly by the county, the sheriff or the director of the alternative sentencing program shall account for and pay over such board payments to the county treasurer. The board of county commissioners may, by resolution, provide that the county furnish or pay for the transportation of prisoners employed under this section to and from the place of employment. The sheriff or the director of the alternative sentencing program shall reimburse the county or other disbursing agent for all such expenses incurred in accordance with this section and article 26 of title 17 as soon as adequate funds are available in the prisoner's account and in accordance with subsection (5)(b) of this section.
By order of the court, the wages or salaries of employed prisoners shall be disbursedby the sheriff for the following purposes, in the order stated:
Payment of any current child support order;
Payment of any child support arrearage;
(b.3) Payment of any child support debt order;
Payment of any spousal maintenance;
Payment of costs for the crime victim compensation fund, pursuant to section 24-4.1119, C.R.S.;
Payment of surcharges for the victims and witnesses assistance and law enforcementfund, pursuant to section 24-4.2-104, C.R.S.;
Payment of restitution;
Payment of a time payment fee;
Payment of late fees;
Payment of any other fines, fees, or surcharges;
Payment of the board of the prisoner;
Payment of the supervision and administrative services provided to the prisoner during his or her home detention;
Payment of necessary travel expense to and from work and other incidental expensesof the prisoner;
Payment, either in full or ratably, of the prisoner's obligations acknowledged by himor her in writing or which have been reduced to judgment; and
The balance, if any, to the prisoner upon his or her discharge.
The court may by order authorize the sheriff to whom the prisoner is committed toarrange with another sheriff for the employment or home detention of the prisoner in the other's county and, while so employed or so detained, for the prisoner to be in the other's custody but in other respects to be and continue subject to the commitment.
If the prisoner was convicted in a court in another county, the court of record havingcriminal jurisdiction may, at the request or with the concurrence of the committing court, make all determinations and orders under this section which might otherwise be made by the sentencing court after the prisoner is received at the jail.
The board of county commissioners may, by resolution, direct that functions of thesheriff pursuant to either subsection (3) or (5) of this section, or both, be performed by the county department of human or social services; or, if the board of county commissioners has not so directed, a court of record may order that the prisoner's earnings be collected and disbursed by the clerk of the court. Such order must remain in force until rescinded by the board or the court, whichever made it.
The county department of human or social services shall, at the request of the court,investigate and report to the court the amount necessary for the support of the prisoner's dependents.
The sheriff may refuse to permit the prisoner to exercise his or her privilege to leavethe jail as provided in subsection (1) of this section for any breach of discipline or other violation of jail regulations. Any such breach of discipline or other violation of jail regulations shall be reported to the sentencing court.
A prisoner who has been convicted of one of the crimes of violence as defined insection 18-1.3-406 (2), who has been convicted of a sex offense as defined in sections 18-1.3903 (5) and 18-3-411, who has been convicted of a crime, the underlying factual basis of which was found by the court to include an act of domestic violence, as defined in section 18-6-800.3 (1), or who has been convicted of a class 1 misdemeanor in which a deadly weapon is used shall not be eligible for home detention pursuant to this section.
Repealed.
Source: L. 2002: Entire article added with relocations, p. 1372, § 2, effective October 1. L. 2006: (1.1) amended, p. 18, § 2, effective March 8. L. 2008: (5)(d) amended, p. 1888, § 51, effective August 5. L. 2012: (1.3) amended, (SB 12-175), ch. 208, p. 864, § 107, effective July 1. L. 2017: (3) and (4) amended and (12) repealed, (HB 17-1015), ch. 71, p. 225, § 10, effective August 9. L. 2018: (8) and (9) amended, (SB 18-092), ch. 38, p. 405, § 24, effective August 8.
Editor's note: This section is similar to former § 17-26-128 as it existed prior to 2002.
Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.