Duties - meetings - community outreach - designation of organization to accept donations - authority to contract - legislative intent

2-2-2505. Duties - meetings - community outreach - designation of organization to accept donations - authority to contract - legislative intent. (1) The council shall: (a) Identify, examine, and discuss the issues, interests, and needs affecting people who are incarcerated; and (b) Make recommendations for legislation or alternative policy solutions regarding those issues, interests, and needs. (2) (a) On or before September 1, 2025, the director of the legislative council shall use a request for proposal process to contract with and designate a nonprofit organization to provide staffing, administrative, and operational assistance and to serve as the custodian of money donated to the council through the designated organization, subject to the approval of the chair of the executive committee of the legislative council. The designated organization selected following the 2025 request for proposal process shall, pursuant to one or more contracts, provide the staffing, administrative, operational, and custodian services through June 30, 2030. Thereafter, the director of the legislative council shall, on or before April 15, 2030, and on or before every second April 15 thereafter, use a request for proposal process to contract with and designate a nonprofit organization to provide staffing, administrative, operational, and custodian services, subject to the approval of the chair of the executive committee of the legislative council. The term of each contract entered into for a term commencing on or after July 1, 2030, is two state fiscal years; except that a contract may be extended for one additional two-year term. If a contract is extended, the request for proposal for the next contract must be issued on or before the April 15 immediately preceding the expiration of the extension term. The designated organization is authorized to expend any money it receives as is necessary to provide staffing, administrative, operational, and custodian services for the council. The designated organization and the council may solicit and accept monetary and in-kind gifts, grants, and donations used to further the council's duties and responsibilities. Any money donated or awarded to the designated organization for the benefit of the council is not subject to appropriation by the general assembly. Any money obtained by the council or the designated organization, that is unexpended and unencumbered at the time the council is dissolved, must be distributed according to appropriate federal and state laws governing nonprofit organizations. If a different nonprofit or private organization is subsequently designated as the custodian of donated money, any money that is unexpended and unencumbered at the time of the change in designation must be promptly transferred by the previously designated organization to the newly designated organization. (b) The director of the legislative council shall consult with the executive director of the department of corrections during the request for proposal process pursuant to subsection (2)(a) of this section to ensure that designated organization applicants satisfy department of corrections' requirements, including requirements for third parties that work with people who are incarcerated. (c) The designated organization, on behalf of the council, may provide or accept in-kind staff support from nonprofit agencies or private organizations, including itself, or may contract with outside entities for the purpose of providing staff support to assist the council in conducting its duties and responsibilities. Any staff support personnel provided by the designated organization or a nonprofit agency or private organization, either donated or engaged through a contract, are not considered employees of the council or the state. (3) (a) The council must meet at least three times per month. Meetings may be held through the use of audio-visual communication technology. (b) A legislative member shall attend at least one meeting per quarter. (4) The council may develop rules and procedures to govern its activities. (5) The designated organization, on behalf of the council, shall utilize news outlets and publications, public awareness campaigns, and a website to develop and maintain regular communication concerning its activities with the incarcerated population of the state, the state, and interested parties. (6) The designated organization, on behalf of the council, may collaborate with any person or entity that the council deems appropriate to assist the council in performing its duties. A state or local entity that is requested to provide assistance to the council in performing the council's duties shall assist the council to the extent the assistance provided by the state or local entity is consistent with the state's or local entity's duties and law. (7) The designated organization, on behalf of the council, is authorized to contract with another nonprofit for the implementation of this part 25. Any contract entered into by the council must be signed by the chair of the review committee and the chair of the executive committee of the legislative council. (8) Within existing resources, the department of corrections shall provide the council or designated organization any necessary staff support, meeting space, and audio-visual communication technology resources. (9) It is the intent of the general assembly that no general fund money be appropriated for a contract with the designated organization for the performance of its duties pursuant to this part 25. The designated organization is solely responsible for the costs of providing the contracted services and performing its duties pursuant to this part 25. The designated organization may accept monetary or in-kind gifts, grants, and donations to defray the costs of providing the contracted services and performing its duties pursuant to this part 25. (10) The duties required in this part 25 are contingent on awarding a contract and designating a nonprofit organization pursuant to subsection (2) of this section. If a contract is not awarded and a nonprofit organization is not designated to provide staffing and facilitate the performance of the council's duties required pursuant to this part 25, then none of the provisions of this part 25 are required to occur and the review committee shall not meet. Source: L. 2025: Entire part added, (SB 25-155), ch. 217, p. 998, � 1, effective May 20.