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§ 24-1-128.5. Department of corrections - creation

CO Rev Stat § 24-1-128.5 (2018) (N/A)
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(1) There is hereby created a department of corrections, the head of which shall be the executive director of the department of corrections, who shall be appointed by the governor, with the consent of the senate, and who shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.

(1.5) The department of corrections shall supervise and control each correctional facility, as defined in section 17-1-102, C.R.S. The powers, duties, and functions of the department of institutions relating to honor camps, work release programs, and other adult correctional programs are transferred by a type 2 transfer to the department of corrections. The powers, duties, and functions of the division of parole in the department of institutions are transferred by a type 3 transfer to the department of corrections, and the division of parole in the department of institutions is abolished. The executive director of the department of corrections shall have the powers and duties specified in title 17, C.R.S.

(2) The department of corrections shall consist of the following divisions:

(a) The division of adult parole, the head of which shall be the director of the division of adult parole. The division of adult parole shall exercise its powers and perform its duties and functions under the department of corrections as if the same were transferred by a type 2 transfer.

(b) The division of correctional industries, the head of which shall be the director of the division of correctional industries. The division shall supervise and control correctional industries programs in this state. The division shall exercise its powers and perform its duties and functions under the department of corrections as if the same were transferred by a type 2 transfer.

(c) (Deleted by amendment, L. 2000, p. 859, § 73, effective May 24, 2000.)

(3) The state board of parole, created by part 2 of article 2 of title 17, C.R.S., is transferred by a type 1 transfer to the department of corrections.

(3.5) The division of correctional industries shall include, as a section thereof, the Colorado state agency for surplus property, created by part 4 of article 82 of this title. The agency and its powers, duties, and functions are transferred by a type 2 transfer to the department of corrections and allocated to the division of correctional industries as a section thereof.

(4) Any powers, duties, and functions relating to adult corrections which were previously vested in the department of institutions and are not specifically transferred to the department of corrections shall be assigned thereto by the governor.

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