§ 17-32-105. Development of Correctional Education Program – Goals and Objectives – Performance Objectives – Evaluation – Transfers of Custody – Reports

1. On and after July 1, 1990, the correctional education program is responsible for providing educational services to persons in correctional facilities under the control of the department and for developing and implementing a comprehensive competency-based educational and vocational program, which must conform to the goals and objectives outlined in this subsection (1). The correctional education program may be implemented in phases with the goals and objectives implemented in all facilities in the order specified in this subsection (1); except that the goal and objective stated in subsection (1)(a) of this section must be implemented in all correctional facilities no later than July 1, 1991, and the entire program must be completely implemented in all correctional facilities no later than July 1, 1992. The program shall continue to operate instructional services currently offered in correctional facilities until such services are incorporated in or replaced by instructional services offered under the correctional education program. The correctional education program must encompass the following goals and objectives:
   1. First, to ensure that every inmate in a correctional facility shall receive appropriate academic services mandated by federal or state statutes, regulations, or orders;
   2. Second, to ensure that every person in a correctional facility who has an expectation of release from custody within five years and lacks basic and functional literacy skills receive adult basic education instruction in accordance with the provisions of subsection (3) of this section;
   3. Third, to provide every person in a correctional facility who has an expectation of release from custody within five years with the opportunity to achieve functional literacy, specifically the ability to read and write the English language and the ability to perform routine mathematical functions prior to his or her release;
   4. Fourth, to provide every person in a correctional facility who has an expectation of release from custody within five years and who has demonstrated the intellectual capacity with the opportunity to successfully complete a high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S. A person who wishes to receive a standard high school diploma must meet the graduation requirements established by the school district where he or she was last enrolled or pass the high school equivalency examination. To be eligible to receive credit for completion of a course required for the receipt of a high school diploma, a person must satisfy the requirements for the course as established by the school district where he or she was last enrolled.
   5. Fifth, to ensure that every person in a correctional facility who has an expectation of release from custody within five years has an opportunity to acquire at least entry-level marketable vocational skills in one or more occupational fields for which there is a demonstrable demand in the economy of this state;
   6. Sixth, to ensure that every person in a correctional facility be released possessing life management skills which will allow him to function successfully in a free society;
   7. Seventh, to provide every person in a correctional facility who demonstrates college-level aptitudes with the opportunity to participate in college-level academic programs that may be offered within the correctional facility. Costs for such programs may be borne through private, local, or federally funded gifts, grants, donations, or scholarships; or by such persons themselves; or through any combination of such funding.
2. The correctional education program developed pursuant to subsection (1) of this section shall provide that training in the fundamentals of personal health be an integral part of all instructional services offered in such program. Such training shall include instruction in personal hygiene, general health, and substance abuse education. The program shall also provide courses of instruction in the evening in order to accommodate those persons in work programs.
3. 1. Except as otherwise provided in paragraph (b) of this subsection (3), any person in a correctional facility who lacks basic and functional literacy skills, as determined through the use of a literacy test approved by the state board of education, shall be required to complete sequential course work sufficient to allow the inmate to pass a competency test or the test of general education development or both. If a composite test score of functional literacy is not attained, the program may require the inmate to continue to receive adult basic education instruction.
   2. A person in a correctional facility who lacks basic and functional literacy skills shall be required to attend adult basic education instruction unless such person:
      1. Is serving a life sentence or is under sentence of death;
      2. Is specifically exempted by the program from participation for security or health reasons;
      3. Is housed at a community correctional facility;
      4. Is determined, through testing, to have attained a functional literacy level;
      5. Is, because of a disability, at a maximum level of proficiency;
      6. Refuses, in writing, to participate in adult basic education instruction; or
      7. Fails to make “positive progress” after a minimum of twenty hours.
4. This section shall not affect the eligibility of any person for educational training programs, vocational programs, or other programs expressly created under federal or state statutes, regulations, or orders.
5. On or before December 31, 2010, the department shall develop a plan for each educational or vocational program offered pursuant to this article to meet the following performance objectives:
   1. The department is encouraged to use a vocational skills assessment to determine the vocational needs of each offender who is eligible to participate in a vocational program. To the extent practicable, the department shall assign each such offender to a vocational program based on this assessment.
   2. The program shall use a curriculum or a set of training practices that is:
      1. Approved by the department of education created in section 24-1-115, C.R.S., or the state board for community colleges and occupational education created in section 23-60-104, C.R.S.; or
      2. Described as part of an agreement or contract entered into pursuant to section 17-32-106 (1)(b).
   3. The program shall provide offenders training and competency in marketable skills that are relevant and likely to be in demand in the workplace as determined by data provided to the department by the department of labor and employment pursuant to subsection (6) of this section.
6. On or before October 1, 2010, and on or before October 1 of each year thereafter, the department of labor and employment created in section 24-1-121, C.R.S., shall provide the department with data on current market trends and labor needs in Colorado to assist the department in providing educational and vocational programs that satisfy the performance objective described in paragraph (c) of subsection (5) of this section.
7. When considering an offender for transfer, the department shall take the offender’s enrollment in an educational or vocational program into consideration unless the offender is granted parole or is placed into a community corrections program pursuant to article 27 of this title. If the department transfers an offender enrolled in an educational or vocational program to another facility, the department is encouraged to give the offender priority for placement in a comparable educational or vocational program if such a program exists at the facility.
8. The department shall annually report the following information concerning educational and vocational programs offered pursuant to this article:
   1. A list of the specific programs offered at each state-operated facility and private prison that houses offenders on behalf of the department;
   2. The number of instructors and the number of instructor vacancies, by program and facility;
   3. The annual capacity of each program;
   4. The annual enrollment of each program, including the number of offenders who were placed on a waiting list for the program and the average length of time spent on the waiting list by each such offender;
   5. The number of offenders who successfully completed each program in the previous fiscal year;
   6. The number of offenders who enrolled in each program but failed to successfully complete the program in the previous fiscal year, including for each such offender the reason for the offender’s noncompletion;
   7. The percentage of parolees who are employed full-time, employed part-time, or unemployed at the end of the previous fiscal year;
   8. A summary of the results of any program evaluations or cost-benefit analyses performed by the department; and
   9. The total amount of state and federal funding allocated by the department during the most recently completed fiscal year for vocational and educational programs, including information concerning the allocation of each source of funding and the amount of funding received by each program.

Source: L. 90: Entire article added, p. 973, § 1, effective July 1. L. 93: (3)(b)(V) amended, p. 1634, § 17, effective July 1. L. 2000: IP(1), (1)(a), (3)(a), and (3)(b)(II) amended, pp. 850, 859, §§ 55, 72, effective May 24. L. 2009: (1)(g) amended, (HB 09-1264), ch. 117, p. 494, § 1, effective August 5. L. 2010: IP(1), (1)(b), (1)(c), (1)(d), (1)(e), and (4) amended and (5), (6), (7), and (8) added, (HB 10-1112), ch. 57, p. 206, § 3, effective August 11. L. 2011: (5)(c) amended, (HB 11-1303), ch. 264, p. 1157, § 31, effective August 10. L. 2014: IP(1) and (1)(d) amended, (SB 14-058), ch. 102, p. 378, § 4, effective April 7. L. 2018: IP(1) and (1)(g) amended, (HB 18-1437), ch. 399, p. 2363, § 1, effective August 8.