17-1-104.5. Incarceration of inmates from other states - private contract prison facilities

17-1-104.5. Incarceration of inmates from other states - private contract prison facilities. (1) The general assembly finds and declares that the importation of prisoners from other states into correctional facilities not operated by the department of corrections is a matter of statewide concern.

(2) No inmate from a state other than Colorado may be received into the state of Colorado and be housed in a private contract prison facility or a prison facility operated by a political subdivision of the state:

(a) Without the express approval of the executive director, which approval shall not be unreasonably withheld; and

(b) Unless the private contract prison facility or a prison facility operated by a political subdivision is designed to meet or exceed the appropriate security level for the inmate.

(3) The department shall develop and rely upon criteria for the protection of the health, safety, and financial interests of the state of Colorado as developed by the executive director.

(4) Upon violation of this section, the executive director may rescind his or her approval pursuant to subsection (2) of this section and must provide at least sixty days notice to the contracting parties of the recision.