(1) The state department of human services is authorized to contract with a private contractor for the operation of a fivehundred-bed facility to house juveniles who are in the custody of the state department of human services and to house juveniles who are in the temporary custody of a county department of human or social services. The facility shall follow an academic model, providing educational, vocational, and positive developmental programming. The contractor shall work with the state department of human services to develop and maintain high-quality programming that is appropriate for and meets the needs of the juveniles placed in the facility. The facility must be constructed in a campus-style design and located on the parcel of real property formerly known as the Lowry bombing range. The state retains ownership of the facility constructed and operated pursuant to this section. Nothing in this section requires that the parcel of real property formerly known as the Lowry bombing range be used exclusively for the facility constructed pursuant to this section.
(2) In choosing a contractor, the executive director of the department of human services shall ensure that the contractor and the contract meet the following requirements:
The executive director of the department of human services shall select the lowestresponsible bid by the contractor most qualified to operate the facility on an academic model, subject to available appropriations. Prior to final selection, the executive director shall confirm that the contractor has the qualifications, experience, and management personnel necessary to carry out the terms of the contract.
The contractor shall agree to indemnify the state and the department of human services, including their officials and agents, against any and all liability including but not limited to any civil rights claims. The department of human services shall require proof of satisfactory insurance, the amount of which shall be determined by the department of human services following consultation with the division of insurance in the department of regulatory agencies.
The facility and the management plan for juveniles housed at the facility shall meetthe requirements of applicable court orders and state law.
The contractor shall be responsible for a range of dental, medical, and psychologicalservices and diet, education, and work programs at least equal to those services and programs provided by the department of human services at comparable state juvenile facilities. The work and education programs shall be designed to reduce recidivism.
The department of human services shall monitor the facility, and the contractor shallbear the costs of monitoring.
The contract for operation of the facility shall be subject to annual renewal. Thecontract for operation of the facility shall specify the responsibilities the department of human services shall retain with regard to juveniles housed at the facility and the responsibilities the contractor shall exercise.
The contractor shall require applicants for employment at the facility to submit a setof fingerprints to the Colorado bureau of investigation for a criminal background check, and the Colorado bureau of investigation may accept such fingerprints. For the purpose of conducting background checks, to the extent authorized by federal law, the Colorado bureau of investigation may exchange with the department any state, multistate, and federal criminal history records of individuals who apply for employment at the facility. When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this section reveal a record of arrest without a disposition, the contractor shall require that applicant to submit to a namebased criminal history record check, as defined in section 22-2-119.3 (6)(d).
Repealed.
Source: L. 97: Entire section added, p. 1046, § 1, effective May 27. L. 2012: Entire section amended, (SB 12-099), ch. 92, p. 303, § 1, effective April 12. L. 2017: (5) amended, (HB 17-1329), ch. 381, p. 1967, § 8, effective June 6; (5) repealed, (SB 17-234), ch. 154, p. 520, § 3, effective August 9. L. 2018: (1) amended, (SB 18-092), ch. 38, p. 413, § 42, effective August 8. L. 2019: (4) amended, (HB 19-1166), ch. 125, p. 545, § 20, effective April 18.
Editor's note: Subsection (5) was amended in HB 17-1329. Those amendments were superseded by the repeal of subsection (5) in SB 17-234, effective August 9, 2017. For the amendments to subsection (5) in HB 17-1329 in effect from June 6, 2017, to August 9, 2017, see chapter 381, Session Laws of Colorado 2017. (L. 2017, p. 1967.)
Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.