C.R.C.P. 106.5

(a) Scope. This rule applies to every action brought by an inmate to review a decision

resulting from a quasi-judicial hearing of any facility of the Colorado Department of

Corrections (‘‘CDOC’’) or any private facility in Colorado involving a CDOC inmate for

events that occurred at the facility. To the extent this rule does not cover procedures in such

cases, the parties shall follow C.R.C.P. 106(a)(4). All other provisions of C.R.C.P.

106(a)(4) shall apply except where modified by this Rule 106.5. The provisions of C.R.C.P.

106(b) and C.R.C.P. 5 shall govern all cases brought under this Rule 106.5.

(b) Designation of Defendant. Only the Executive Director of the CDOC and the

Warden of the facility shall be named as Defendants and shall be listed as such. The

District Court shall dismiss any other Defendant.

(c) Venue. All actions under this rule shall be filed in the district court in the county in

which the quasi-judicial agency action occurred, even if the inmate is no longer assigned to

that facility at the time the complaint is filed.

(d) Service of Process.

(1) If the inmate does not qualify for in forma pauperis status, the rules relating to

service of process set forth in C.R.C.P. 4(e)(10) shall apply, but only the Warden, the

Executive Director of the Department of Corrections, and the Attorney General shall be

served.

(2) If the inmate files a motion to proceed in forma pauperis status and that motion is

granted, service of process shall be accomplished in the following manner: The clerk of the

District Court shall scan the complaint and serve it by electronic means on the Attorney

General, the Executive Director of the Department of Corrections, and the Warden of the

Facility (or the designee of each of these officials), along with a notice indicating the fact

of the inmate’s filing and the date received by the Court. Each person notified shall send a

confirmation by electronic means indicating that the specified official has received the

electronic notice and the scanned copy of the complaint.

(e) Response of Defendant. Within 21 days after the date on which the Attorney

General sends acknowledgment that it has received the notice and complaint from the

Clerk of the District Court, the Defendants shall file either (1) an answer to the complaint

and a certified copy of the record as explained below, or (2) a motion in response to the

complaint.

(f) Notice to Submit Record. The facility shall file the certified record and affidavit of

certification directly to the Court no later than the deadline to file an answer or motion as

indicated above. This obligation to submit the record shall not apply if the Attorney

General notifies the Warden within 14 days of the electronic service that a motion to

dismiss the complaint for lack of subject matter jurisdiction has been filed, in which event

the filing of the record shall be suspended pending disposition of the motion.

(g) Contents of the Record. The certified record submitted by the Warden to the

District Court shall contain all material related to the proceeding at the facility to permit

the Court to address the issues raised in the complaint. The record shall include the Notice

of Charges, the Disposition of Charges, the Offender Appeal Form, all exhibits offered at

the hearing, and the current applicable version of the Code of Penal Discipline. If any part

of the proceeding was recorded, a copy of the recording shall be provided.

(h) Cost of the Record. The cost of preparation of the record shall initially be paid by

the Warden but, upon the filing of the certified record with the Court, the Warden shall

immediately deduct the cost of preparation of the record, including the recording, from the

inmate’s account. If there are insufficient funds in that account, the Warden shall apply a

charge to that account. In no event shall the filing of the record be delayed because the

inmate has no assets and no means by which to pay the cost of certification of the record.

(i) Briefs.

(1) If counsel for the Defendants files a motion to dismiss, the inmate shall have 14

days after service of the motion to file a brief in response, and the defense counsel shall

have 14 days after service of the response to file a reply.

(2) If the defense counsel files an answer and the Warden files the certified record, the

inmate shall have 42 days following notice of filing of the record in which to file a brief.

In this event, the brief shall set forth the reasons why the inmate believes that the District

Court should rule that the Warden has exceeded his or her jurisdiction or abused his or her

discretion. The inmate must set forth in the brief specific references to the record that

support the inmate’s position. Defense counsel shall have 35 days after service of the brief

to file a response and the inmate shall have 14 days after service of the response to file a

reply.

(j) Time Periods. The parties shall follow the time periods set forth above unless the

Court, on motion and for good cause shown, enters an order altering those time periods.

(k) Promulgation of Rule. A copy of this Rule 106.5 shall be made available in the

law library of every facility operated by the Colorado Department of Corrections and every

private prison in Colorado that houses CDOC inmates.