HOUSE BILL 22-1063
BY REPRESENTATIVE(S) Amabile and Benavidez, Bacon, Bernett,
Boesenecker, Cutter, Esgar, Exum, Gonzales-Gutierrez, Herod, Hooton,
Jodeh, Kipp, Lindsay, Lontine, McCormick, Ricks, Titone, Van Winkle,
Weissman;
also SENATOR(S) Coleman and Cooke, Bridges, Buckner, Ginal,
Gonzales, Hansen, Jaquez Lewis, Lee, Moreno
.
C
ONCERNING CREATION OF A JAIL STANDARDS COMMISSION TO
STANDARDIZE THE OPERATION OF
COLORADO JAILS, AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add part 19 to article
3 of title 2 as follows:
PART 19
COLORADO JAIL STANDARDS COMMISSION
2-3-1901. Legislative oversight committee for Colorado jail
standards - creation - duties. (1) Creation. (a) T
HERE IS CREATED A
LEGISLATIVE OVERSIGHT COMMITTEE CONCERNING
COLORADO JAIL
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. STANDARDS, REFERRED TO IN THIS PART 19 AS THE "COMMITTEE".
(b) T
HE COMMITTEE CONSISTS OF SIX MEMBERS . THE PRESIDENT OF
THE SENATE
, THE MINORITY LEADER OF THE SENATE , THE SPEAKER OF THE
HOUSE OF REPRESENTATIVES
, AND THE MINORITY LEADER OF THE HOUSE OF
REPRESENTATIVES SHALL APPOINT THE MEMBERS OF THE COMMITTEE AS
FOLLOWS
:
(I) T
HE PRESIDENT OF THE SENATE SHALL APPOINT TWO SENATORS
TO SERVE ON THE COMMITTEE AND DESIGNATE ONE OF THE SENATORS AS THE
VICE
-CHAIR OF THE COMMITTEE, AND THE MINORITY LEADER OF THE SENATE
SHALL APPOINT ONE SENATOR TO SERVE ON THE COMMITTEE
;
(II) T
HE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL
APPOINT TWO REPRESENTATIVES TO SERVE ON THE COMMITTEE AND
DESIGNATE ONE OF THE REPRESENTATIVES AS THE CHAIR OF THE
COMMITTEE
, AND THE MINORITY LEADER OF THE HOUSE OF
REPRESENTATIVES SHALL APPOINT ONE REPRESENTATIVE TO SERVE ON THE
COMMITTEE
;
(III) T
HE PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE
SENATE
, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES , AND THE
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES SHALL MAKE THEIR
APPOINTMENTS BY
JULY 1, 2022. IN THE CASE OF A VACANCY, THE PERSON
MAKING THE ORIGINAL APPOINTMENT OR REAPPOINTMENT SHALL FILL ANY
VACANCY BY APPOINTMENT
.
(c) (I) M
EMBERS OF THE COMMITTEE MAY RECEIVE PAYMENT OF PER
DIEM AND REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES
AUTHORIZED PURSUANT TO SECTION
2-2-307.
(II) T
HE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL AND
THE DIRECTOR OF THE OFFICE OF LEGISLATIVE LEGAL SERVICES SHALL
SUPPLY STAFF ASSISTANCE TO THE COMMITTEE
, BUT SHALL NOT SUPPLY
STAFF ASSISTANCE TO ANY SUBCOMMI TTEES CREATED BY THE COMMITTEE
.
(2) Duties. (a) T
HE COMMITTEE SHALL MEET NO MORE THAN FOUR
TIMES EACH YEAR
.
(b) T
HE COMMITTEE IS RESPONSIBLE FOR THE OVERSIGHT OF THE
PAGE 2-HOUSE BILL 22-1063 COMMISSION. THE CHAIR OF THE COMMITTEE SHALL ESTABLISH
ORGANIZATIONAL RULES AND PROCEDURAL RULES AS ARE NECESSARY FOR
THE OPERATION OF THE COMMISSION
.
(c) T
HE COMMITTEE MAY INTRODUCE UP TO A TOTAL OF THREE BILLS ,
JOINT RESOLUTIONS, OR CONCURRENT RESOLUTIONS DURING THE 2024
LEGISLATIVE SESSION. BILLS THAT THE COMMITTEE INTRODUCES ARE
EXEMPT FROM THE FIVE
-BILL LIMITATION SPECIFIED IN RULE 24 (b)(1)(A) OF
THE JOINT RULES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES
.
J
OINT RESOLUTIONS AND CONCURRENT RESOLUTIONS THAT THE COMMITTEE
INTRODUCES ARE EXEMPT FROM THE LIMITATIONS SET OUT IN RULE
26 (g) OF
THE RULES OF THE HOUSE OF REPRESENTATIVES AND RULE
30 (f) OF THE
RULES OF THE SENATE
. THE COMMITTEE IS EXEMPT FROM THE REQUIREMENT
TO REPORT BILLS OR OTHER MEASURES TO THE LEGISLATIVE COUNCIL AS
SPECIFIED IN RULE
24 (b)(1)(D) AND RULE 24A (d)(8) OF THE JOINT RULES
OF THE SENATE AND THE HOUSE OF REPRESENTATIVES AND IN SECTION
2-3-303 (1)(f), COLORADO REVISED STATUTES. THE COMMITTEE IS SUBJECT
TO RULE
24A OF THE JOINT RULES OF THE SENATE AND HOUSE OF
REPRESENTATIVES
, EXCEPT TO THE EXTENT THAT THE RULE MAY CONFLICT
WITH THIS PART
19. BILLS RECOMMENDED BY THE COMMITTEE MUST BE
INTRODUCED BY THE INTRODUCTION DEADLINE FOR HOUSE BILLS SPECIFIED
IN RULE
23 (a)(1) OF THE JOINT RULES OF THE SENATE AND HOUSE OF
REPRESENTATIVES
. THE CHAIR AND VICE-CHAIR SHALL JOINTLY ESTABLISH
THE LAST DATE FOR THE MEETING AT WHICH THE COMMITTEE MAY APPROVE
BILL REQUESTS
, THE LAST DATE BY WHICH COMMITTEE MEMBERS MUST
FINALIZE BILL DRAFTS OR BY WHICH BILL DRAFTS WILL BE DEEMED
FINALIZED FOR FISCAL NOTE PURPOSES
, AND THE LAST DATE BY WHICH THE
COMMITTEE WILL CONSIDER AND TAKE FINAL ACTION ON BILL DRAFTS
.
(d) T
HE COMMITTEE SHALL RECEIVE AND APPROVE THE REPORT OF
THE COMMISSION REQUIRED BY SECTION
2-3-1903 (2).
2-3-1902. Colorado jail standards commission - creation -
membership. (1) T
HE COLORADO JAIL STANDARDS COMMISSION IS
CREATED AND REFERRED TO IN THIS PART
19 AS THE "COMMISSION". THE
COMMISSION SHALL RECOMMEND STANDARDS FOR THE SAFE AND EFFECTIVE
OPERATION OF
COLORADO'S COUNTY JAILS, REFERRED TO IN THIS PART 19 AS
"JAILS".
(2) T
HE COMMISSION IS COMPOSED OF THE FOLLOWING TWENTY -TWO
PAGE 3-HOUSE BILL 22-1063 MEMBERS:
(a) F
IVE SHERIFFS OR SENIOR JAIL ADMINISTRATORS, APPOINTED BY
THE STATEWIDE ORGANIZATION REPRESENTING COUNTY
:
(I) O
NE FROM A COUNTY IN EACH COUNTY CATEGORY I-IV, AS
DEFINED BY SECTION
30-2-102; AND
(II) ONE FROM EITHER A CATEGORY V OR CATEGORY VI COUNTY, AS
DEFINED BY SECTION
30-2-102;
(b) T
WO COUNTY COMMISSIONERS , APPOINTED BY THE STATEWIDE
ORGANIZATION REPRESENTING COUNTY COMMISSIONERS
:
(I) O
NE FROM EITHER A COUNTY CATEGORY I OR II COUNTY, AS
DEFINED BY SECTION
30-2-102; AND
(II) ONE FROM A CATEGORY III, IV, V, OR VI COUNTY, AS DEFINED
BY SECTION
30-2-102;
(c) T
HREE PERSONS WITH LIVED EXPERIENCE OF BEING
INCARCERATED OR HAVING A FAMILY MEMBER WHO IS OR WAS
INCARCERATED IN A JAIL
, APPOINTED BY A STATEWIDE ORGANIZATION
ADVOCATING FOR THE RIGHTS OF THE INCARCERATED IN
COLORADO;
(d) O
NE MENTAL HEALTH PROFESSIONAL WITH EXPERIENCE WORKING
IN A JAIL
, APPOINTED BY A STATEWIDE ORGANIZATION ADVOCATING FOR
MENTAL HEALTH IN
COLORADO;
(e) O
NE PERSON REPRESENTING COMPETENCY SERVICES , APPOINTED
BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES
;
(f) O
NE PERSON REPRESENTING THE BEHAVIORAL HEALTH
ADMINISTRATION
, APPOINTED BY THE COMMISSIONER OF THE BEHAVIORAL
HEALTH ADMINISTRATION
;
(g) O
NE PERSON REPRESENTING POLICE OFFICERS, APPOINTED BY THE
PRESIDENT OF A STATEWIDE ORGANIZATION REPRESENTING POLICE OFFICERS
;
(h) O
NE PERSON REPRESENTING A LESBIAN , GAY, BISEXUAL,
PAGE 4-HOUSE BILL 22-1063 TRANSGENDER, OR QUEER ADVOCACY ORGANIZATION , APPOINTED BY A
STATEWIDE ORGANIZATION ADVOCATING FOR THE RIGHTS OF THE
INCARCERATED IN
COLORADO;
(i) O
NE PERSON REPRESENTING AN ORGANIZATION ADVOCATING FOR
THE RIGHTS OF PEOPLE WITH DEVELOPMENTAL DISABILITIES
, APPOINTED BY
A STATEWIDE ORGANIZATION ADVOCATING FOR THE RIGHTS OF THE
INCARCERATED IN
COLORADO;
(j) O
NE PERSON REPRESENTING AN ORGANIZATION ADVOCATING FOR
THE RIGHTS OF PEOPLE OF COLOR
, APPOINTED BY A STATEWIDE
ORGANIZATION ADVOCATING FOR THE RIGHTS OF THE INCARCERATED IN
COLORADO;
(k) O
NE PERSON REPRESENTING AN ORGANIZATION ADVOCATING FOR
THE RIGHTS OF PERSONS WITH MENTAL OR PHYSICAL DISABILITIES
,
APPOINTED BY A STATEWIDE ORGANIZATION ADVOCATING FOR THE RIGHTS
OF THE INCARCERATED IN
COLORADO;
(l) O
NE NON-LAW-ENFORCEMENT PERSON WITH EXPERIENCE
WORKING IN A JAIL
, APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF PUBLIC SAFETY
;
(m) T
HE STATE PUBLIC DEFENDER OR THE STATE PUBLIC DEFENDER 'S
DESIGNEE
;
(n) O
NE PERSON REPRESENTING DISTRICT ATTORNEYS , APPOINTED BY
THE
COLORADO DISTRICT ATTORNEYS ' COUNCIL; AND
(o) ONE PERSON REPRESENTING THE DEPARTMENT OF PUBLIC SAFETY
WITH EXPERTISE IN JAIL OPERATIONS
, APPOINTED BY THE EXECUTIVE
DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY
.
(3) T
HE INITIAL COMMISSION MEMBERS MUST BE APPOINTED BY JULY
1, 2022.
(4) T
HE FIRST MEETING OF THE COMMISSION MUST BE HELD BY JULY
31, 2022. THE COMMISSION SHALL MEET MONTHLY . THE CHAIR OF THE
COMMITTEE SHALL APPOIN T A CHAIR AND VICE
-CHAIR FROM AMONG THE
COMMISSION MEMBERS
. THE CHAIR OF THE COMMISSION SHALL SET THE
PAGE 5-HOUSE BILL 22-1063 MEETING DATES AND TIMES.
2-3-1903. Commission - duties - report. (1) T
HE COMMISSION
SHALL RECOMMEND STANDARDS IN COMPLIANCE WITH STATE AND FEDERAL
LAW FOR ALL ASPECTS OF JAIL OPERATIONS AS FOLLOWS
:
(a) R
ECEPTION AND RELEASE, INCLUDING:
(I) I
DENTIFYING THE ARRESTING, TRANSPORTING, OR COMMITTING
OFFICER
;
(II) R
ECORDING INMATE INFORMATION IN A BOOKING AND
IDENTIFICATION RECORD FOR EVERY COMMITMENT
;
(III) I
DENTIFYING INMATES DURING RECEPTION BY PHOTOGRAPH ,
IDENTIFICATION BRACELET, OR OTHER MEANS;
(IV) P
ROVIDING ACCESS TO TELEPHONES AFTER THE RECEPTION
PROCESS
;
(V) S
EARCHING, CONFISCATING, INVENTORYING, AND SECURING OF
UNAUTHORIZED ITEMS
;
(VI) C
ONFISCATION, COUNTING, AND SECURING OF MONEY OR ANY
FORM OF CURRENCY
;
(VII) S
ECURING THE INMATE'S SIGNATURE AND REQUIREMENTS FOR
WITNESS SIGNATURES ON A COMPLETED INVENTORY OF ITEMS AND MONEY
CONFISCATED
;
(VIII) S
TRIP SEARCHES AND BODY CAVITY SEARCHES CONSISTENT
WITH
COLORADO LAW;
(IX) D
ETERMINING WHEN AN INMATE SHOULD RECEIVE A SHOWER ;
(X) P
ROVIDING INMATES WITH CLEAN UNIFORM CLOTHING OR
STANDARDS FOR WEARING PERSONAL CLOTHING
;
(XI) T
HE AMOUNT OF TIME INMATES ARE CONFINED IN THE
RECEPTION AREA
;
PAGE 6-HOUSE BILL 22-1063 (XII) THE POSSESSION OF MONEY BY INMATES , INCLUDING
PROVISIONS TO PREVENT INMATE GAMBLING
, THEFT, AND EXTORTION;
(XIII) P
ROVIDING INMATES WITH A LIST OF GENERALLY APPLICABLE
INMATE RULES
;
(XIV) A
SSISTING INMATES IN UNDERSTANDING THESE RULES IF
THERE ARE LITERACY OR LANGUAGE OBSTACLES
;
(XV) O
BTAINING SIGNED ACKNOWLEDGMENT FROM INMATES OF
RECEIPT AND UNDERSTANDING OF RULES
;
(XVI) E
NSURING THE SAFETY OF MALE, FEMALE, AND NONBINARY
INMATES DURING RECEPTION
;
(XVII) V
ERIFYING INMATES' IDENTIFICATION AND RELEASE
DOCUMENTATION
;
(XVIII) D
OCUMENTING AN INMATE'S RELEASE TO ANOTHER AGENCY;
(XIX) O
BTAINING A RECEIPT FROM THE INMATE OR THE RECEIVING
OFFICER
, AS APPROPRIATE, FOR ALL PROPERTY RETURNED AT THE TIME OF
RELEASE OR TRANSFER
;
(XX) C
ONFINING JUVENILES WHEN PERMITTED BY COURT ORDER
PURSUANT TO SECTION
19-2.5-305;
(XXI) S
CREENING AND ASSESSMENT FOR PHYSICAL DISABILITIES ,
MENTAL OR BEHAVIORAL HEALTH DISORDERS , TRAUMATIC BRAIN INJURIES,
OR DEVELOPMENTAL DISABILITIES;
(XXII) P
ROVIDING ACCOMMODATIONS FOR PEOPLE WITH
DISABILITIES AS REQUIRED BY ALL APPLICABLE STATE AND FEDERAL LAW
;
AND
(XXIII) CONSIDERING AGE AS A FACTOR IN THE CLASSIFICATION OF
INMATES
;
(b) C
LASSIFICATION OF INMATES, INCLUDING:
PAGE 7-HOUSE BILL 22-1063 (I) A WRITTEN INMATE CLASSIFICATION SYSTEM THAT SPECIFIES THE
CRITERIA AND PROCEDURES FOR DETERMINING AND CHANGING THE
CLASSIFICATION OF INMATES TO DETERMINE THE LEVEL OF CUSTODY
REQUIRED
, SPECIAL NEEDS, HOUSING ASSIGNMENT, AND PARTICIPATION IN
PROGRAMMING
;
(II) H
OUSING MALE, FEMALE, AND NONBINARY INMATES SEPARATELY
BY SIGHT AND TOUCH
, AND OUT OF RANGE OF NORMAL CONVERSATION WITH
EACH OTHER
;
(III) S
UPERVISING MALE, FEMALE, AND NONBINARY INMATES WHEN
PLACED TOGETHER FOR PROGRAMMING
, TRANSPORTATION, OR OTHER
SIMILAR ACTIVITIES
;
(IV) H
OUSING VIOLENT AND NONVIOLENT INMATES SEPARATELY ;
(V) S
UPERVISING VIOLENT AND NONVIOLENT INMATES WHEN PLACED
TOGETHER FOR PROGRAMMING
, TRANSPORTATION, OR OTHER SIMILAR
ACTIVITIES
;
(VI) H
OUSING JUVENILE AND ADULT INMATES SEPARATELY ;
(VII) S
UPERVISING JUVENILE AND ADULT INMATES WHEN PLACED
TOGETHER FOR PROGRAMMING
, DINING, TRANSPORTATION, OR OTHER
SIMILAR ACTIVITIES
;
(VIII) E
NSURING JUVENILE INMATES HAVE ACCESS TO
LARGE
-MUSCLE EXERCISE, EDUCATION, WORK OPPORTUNITIES, AND OTHER
DEVELOPMENTALLY APPROPRIATE PROGRAMMING
;
(IX) E
VALUATING AND SELECTING INMATES FOR WORK WHILE
INCARCERATED
;
(X) H
OUSING INMATES PARTICIPATING IN WORK OR EDUCATIONAL
RELEASE PROGRAMS SEPARATELY FROM THE GENERAL POPULATION
; AND
(XI) ESTABLISHING THE ACCEPTABLE PERSONAL AND HYGIENE ITEMS
PROVIDED TO INMATES IN THE GENERAL POPULATION
;
(c) S
ECURITY, INCLUDING:
PAGE 8-HOUSE BILL 22-1063 (I) ESTABLISHING A SECURITY PERIMETER;
(II) E
STABLISHING A SECURE BOOKING AND RELEASE AREA ;
(III) I
F INSTALLED, ENSURING CLOSED-CIRCUIT TELEVISIONS ARE
OPERATIONAL AND PRECLUDE THE MONITORING OF SHOWER
, TOILET, AND
CLOTHING EXCHANGE AREAS
;
(IV) T
WO-WAY COMMUNICATIONS BETWEEN CENTRAL CONTROL ,
STAFFED POSTS, AND INMATE-OCCUPIED AREAS;
(V) H
AVING EQUIPMENT NECESSARY TO MAINTAIN UTILITIES ,
COMMUNICATIONS, SECURITY, LIFE-SAVING DEVICES, AND FIRE PROTECTION
IN AN EMERGENCY AND SCHEDULES TO TEST
, REPAIR, AND REPLACE
EQUIPMENT IN A TIMELY MANNER
;
(VI) P
ROCEDURES GOVERNING AVAILABILITY , CONTROL INVENTORY,
STORAGE, AND USE OF FIREARMS , LESS-THAN-LETHAL DEVICES, AND
RELATED SECURITY DEVICES AND SPECIFYING THE LEVEL OF AUTHORITY
REQUIRED FOR THEIR ACCESS AND USE
;
(VII) U
SE OF AND AUTHORIZATION FOR CHEMICAL AGENTS AND
ELECTRICAL DISABLERS
;
(VIII) R
ESTRICTIONS FOR ACCESS TO STORAGE AREAS ;
(IX) S
EPARATING STORAGE SPACE FROM INMATE HOUSING OR
ACTIVITY AREAS
;
(X) E
NSURING THE SAFETY OF MALE , FEMALE, AND NONBINARY
INMATES DURING RECEPTION
;
(XI) I
NMATE SEARCHES WHEN INMATES ENTER OR LEAVE THE JAIL 'S
SECURITY PERIMETER TO CONTROL CONTRABAND
;
(XII) P
ROCEDURES AND PRACTICES GOVERNING STRIP AND BODY
CAVITY SEARCHES
;
(XIII) E
MERGENCY PLANS , INCLUDING TRAINING FOR JAIL
PERSONNEL IN THE IMPLEMENTATION OF EMERGENCY PLANS
, AND
PAGE 9-HOUSE BILL 22-1063 PROCEDURES TO BE FOLLOWED IN SITUATIONS THAT THREATEN JAIL
SECURITY
;
(XIV) L
OGGING ROUTINE INFORMATION , EMERGENCY SITUATIONS,
AND UNUSUAL INCIDENTS;
(XV) C
OUNTING TO VERIFY EACH INMATE'S PHYSICAL PRESENCE AND
IDENTIFICATION
, INCLUDING THE NUMBER OF OFFICIAL DAILY COUNTS ,
RECONCILIATION OF JAIL COUNTS, AND RECORDING OF JAIL COUNTS;
(XVI) P
ERSONAL OBSERVATION CHECKS OF INMATES , INCLUDING
REGULAR AND VARIABLE TIMING OF SUCH CHECKS AND DOCUMENTATION OF
SUCH CHECKS
;
(XVII) P
OLICIES FOR ADDRESSING THE MANAGEMENT OF INMATES
WITH SPECIALIZED PHYSICAL AND MENTAL OR BEHAVIORAL HEALTH NEEDS
;
(XVIII) U
SE OF PHYSICAL AND MECHANICAL RESTRAINTS ,
INCLUDING AUTHORIZING USE OF PHYSICAL RESTRAINTS AND MONITORING
AND RECORDING THE CHECKS OF INMATES IN RESTRAINTS
;
(XIX) D
EFINING JUSTIFIABLE SELF -DEFENSE, PREVENTING
SELF
-INFLICTED HARM, PROTECTION OF OTHERS , RIOT PREVENTION,
DISCHARGE OF A FIREARM OR OTHER WEAPON , ESCAPE OR OTHER CRIME, AND
CONTROLLING OR SUBDUING AN INMATE WHO REFUSES TO OBEY A STAFF
COMMAND OR ORDER
;
(XX) D
EFINING DE-ESCALATION STRATEGIES AND THE LIMITS OF THE
AMOUNT OF FORCE NECESSARY TO CONTROL A GIVEN SITUATION
, AND
SPECIFYING THAT IN NO CIRCUMSTANCE IS PHYSICAL FORCE TO BE USED AS
PUNISHMENT
;
(XXI) S
PECIFYING THAT AN EXAMINATION , TREATMENT, AND
PHOTOGRAPHIC DOCUMENTATION BY QUALIFIED HEALTH
-CARE PERSONNEL
IS PROVIDED TO INMATES OR STAFF INVOLVED IN A USE OF FORCE INCIDENT
WHEN THERE IS OBVIOUS PHYSICAL INJURY OR THERE IS A COMPLAINT OF
INJURY OR REQUEST FOR MEDICAL ATTENTION
;
(XXII) S
PECIFYING WHEN AND HOW AN INCIDENT WILL BE RECORDED
AND REVIEWED BY THE JAIL ADMINISTRATOR OR DESIGNEE
;
PAGE 10-HOUSE BILL 22-1063 (XXIII) SEARCHES OF JAILS AND INMATES TO CONTROL
CONTRABAND
;
(XXIV) T
IMING FOR INSPECTING INMATE-ACCESSIBLE AREAS;
(XXV) T
IMING FOR A SECURITY INSPECTION OF THE JAIL;
(XXVI) N
OTIFYING THE JAIL ADMINISTRATOR OR DESIGNEE OF ANY
DISCOVERED CONTRABAND OR PHYSICAL SECURITY DEFICIENCIES
;
(XXVII) D
OCUMENTING THE DISPOSITION OF CONTRABAND AND THE
REMEDIATION OF PHYSICAL SECURITY DEFICIENCIES
;
(XXVIII) C
ONTROLLING INMATE MOVEMENT FROM ONE AREA TO
ANOTHER
;
(XXIX) S
TAFF SUPERVISION AND SEARCHES OF AN INMATE
PERFORMING WORK
;
(XXX) E
NSURING AN INMATE IS NOT GIVEN CONTROL OF OR
AUTHORITY OVER ANY OTHER INMATE
, SECURITY FUNCTION, OR SERVICE
ACTIVITY
;
(XXXI) R
EQUIRING SAME-GENDER AND CROSS-GENDER SUPERVISION
GUIDELINES
;
(XXXII) C
ONTROLLING AND INVENTORYING KEYS , TOOLS, AND
CULINARY EQUIPMENT
;
(XXXIII) E
NSURING TOXIC, CORROSIVE, AND FLAMMABLE
SUBSTANCES AND TOOLS ARE SECURED
, USED ONLY BY AUTHORIZED
PERSONS
, USED BY INMATES ONLY UNDER DIRECT SUPERVISION , AND USED
ONLY IN ACCORDANCE WITH THE MANUFACTURER
'S INSTRUCTIONS; AND
(XXXIV) REQUIREMENTS THAT EACH JAIL HAVE POLICIES
GOVERNING STAFF DISCIPLINE
, INCLUDING COMPLAINTS AGAINST OFFICERS ,
THAT ARE AVAILABLE FOR PUBLIC INSPECTION ;
(d) H
OUSING, INCLUDING:
PAGE 11-HOUSE BILL 22-1063 (I) SUFFICIENT SPACE STANDARDS REGARDING SQUARE FOOTAGE
AND MAXIMUM OCCUPANCY FIGURES FOR ALL HOUSING AND HOLDING
AREAS
, INCLUDING HOLDING CELLS, HOUSING CELLS, DORMITORIES, DAY
ROOMS
, AND EATING AREAS;
(II) S
UFFICIENT SEATING FOR ALL HOLDING AREAS , HOLDING CELLS,
HOUSING CELLS, DORMITORIES, DAY ROOMS, AND EATING AREAS FOR EACH
INMATE
;
(III) A
IR CIRCULATION FOR HOUSING CELLS;
(IV) T
EMPERATURE STANDARDS AND MECHANICAL CONTROLS FOR
ACCEPTABLE COMFORT LEVELS
;
(V) A
CCESS TO SANITATION FACILITIES WITHOUT STAFF ASSISTANCE ;
(VI) A
MINIMUM NUMBER OF TOILET FACILITIES, SHOWER FACILITIES,
AND WASH BASINS FOR A SPECIFIED NUMBER OF OCCUPANTS ;
(VII) W
ATER TEMPERATURE STANDARDS AND CONTROLS ;
(VIII) M
AXIMUM NOISE LEVELS MEASURED IN DECIBELS AND
STANDARDS FOR MEASUREMENTS TO ENSURE COMPLIANCE
;
(IX) N
ATURAL LIGHT PROVIDED IN HOUSING UNITS , DORMS, CELLS,
AND DAY SPACES; AND
(X) STANDARDS FOR SUSPENDING AND REINSTATING INMATE ACCESS
TO CLOTHING
, BEDS, BEDDING, TOILETS, LAVATORIES, AND SHOWERS BY THE
JAIL ADMINISTRATOR OR DESIGNEE
;
(e) S
ANITATION AND ENVIRONMENTAL CONDITIONS , INCLUDING:
(I) P
ROVIDING INMATES WITH HYGIENE ITEMS AT INTAKE AND
REPLACEMENT ITEMS TO INDIGENT INMATES
;
(II) S
AFETY AND SANITARY STANDARDS FOR ALL AREAS OF THE JAIL ,
INCLUDING FOOD SERVICE AND LAUNDRY AREAS ;
(III) D
EFINING STAFF AND INMATE HOUSEKEEPING RESPONSIBILITIES ,
PAGE 12-HOUSE BILL 22-1063 INCLUDING DAILY CLEANING OF TOILETS , URINALS, SINKS, DRINKING
FACILITIES
, AND SHOWERS IN AREAS OCCUPIED BY INMATES , AND DISPOSAL
OF GARBAGE
;
(IV) T
IMING AND PROCESSES FOR INSPECTING FOR SANITATION AND
VERMIN
;
(V) M
AINTENANCE AND REPAIRS;
(VI) I
NSPECTIONS BY LOCAL OR STATE HEALTH AUTHORITIES ;
(VII) N
IGHTTIME LIGHTING OF GROUNDS, WALKWAYS, DRIVEWAYS,
AND PARKING AREAS;
(VIII) I
NTERIOR LIGHTING STANDARDS ;
(IX) B
EDDING AND MATTRESS STANDARDS , INCLUDING THAT THE
BEDDING AND MATTRESS ARE IN GOOD REPAIR AND CLEANED PRIOR TO BEING
REISSUED
;
(X) T
IMING AND DOCUMENTATION FOR THE EXCHANGE AND
LAUNDERING OF BED LINENS
, BLANKETS, TOWELS, CLOTHING, AND
UNDERGARMENTS
;
(XI) T
IMING TO CLEAN MATTRESSES;
(XII) A
REQUIREMENT THAT WHEN SOILED , BEDDING, MATTRESSES,
TOWELS, AND CLOTHING BE EXCHANGED OR CLEANED ;
(XIII) I
NMATE HAIRCUTS;
(XIV) S
HAVING EQUIPMENT AND SUPPLIES AND DOCUMENTING
ISSUANCE AND RETRIEVAL OF SHAVING EQUIPMENT
; AND
(XV) TIMING OF INSPECTION BY A CERTIFIED LOCAL OR STATE FIRE
SAFETY INSPECTOR APPLYING THE APPLICABLE JURISDICTIONAL AND STATE
FIRE CODE
, REQUIREMENTS FOR A WRITTEN FIRE SAFETY PLAN APPROVED BY
LOCAL FIRE OFFICIALS THAT IS REVIEWED ANNUALLY AND UPDATED AS
NEEDED
, REQUIREMENTS FOR TRAINING IN JAIL FIRE SAFETY EQUIPMENT ,
REQUIREMENTS FOR FIRE DRILLS, REQUIREMENTS FOR JAIL FURNISHINGS TO
PAGE 13-HOUSE BILL 22-1063 MEET FIRE SAFETY PERFORMANCE STANDARDS , AND REQUIREMENTS FOR JAIL
EXITS TO BE CLEAR AND THAT EVACUATION ROUTES BE POSTED OR CLEARLY
MARKED THROUGHOUT THE JAIL
;
(f) C
OMMUNICATION, INCLUDING:
(I) D
ELIVERING INCOMING OR OUTGOING MAIL OR CORRESPONDENCE
VIA THE POSTAL SERVICE
;
(II) O
PENING AND INSPECTING INCOMING INMATE MAIL ,
CORRESPONDENCE, AND PACKAGES TO INTERCEPT NONPERMITTED ITEMS ;
(III) O
PENING AND INSPECTING OUTGOING MAIL ;
(IV) D
OCUMENTING PROCEDURES FOR THE APPROPRIATE
DISPOSITION OF INTERCEPTED ITEMS
;
(V) P
ERMITTING LEGAL MAIL OR CORRESPONDENCE TO BE OPENED
AND INSPECTED IN THE PRESENCE OF THE INMATE TO INTERCEPT
CONTRABAND
;
(VI) C
IRCUMSTANCES IN WHICH MAIL , CORRESPONDENCE, AND
PACKAGES ARE WITHHELD OR REJECTED
, INCLUDING NOTIFICATION TO THE
INMATE
;
(VII) W
RITING MATERIALS, ENVELOPES, AND POSTAGE FOR INDIGENT
INMATES
;
(VIII) I
NMATE E-MAIL SERVICE;
(IX) I
NMATE TELEPHONE SERVICE; AND
(X) ACCESS TO LEGAL COUNSEL;
(g) V
ISITATION, INCLUDING:
(I) A
SECURE VISITING AREA , INCLUDING STANDARDS FOR
PHYSICALLY SEPARATING THE INMATE AND VISITOR AND CAPABILITIES FOR
TWO
-WAY CONVERSATIONS AND NONOBSCURED VISITS OR VIDEO VISITS ;
PAGE 14-HOUSE BILL 22-1063 (II) SEATING IN THE VISITATION AREA;
(III) I
DENTIFICATION REQUIREMENTS FOR VISITORS ;
(IV) R
EGISTRY REQUIREMENTS FOR VISITORS ;
(V) G
ENERAL VISITATION HOURS;
(VI) V
IDEO VISITATION HOURS;
(VII) V
ISITOR SECURITY PROTOCOLS TO PREVENT CONTRABAND
FROM ENTERING THE JAIL
;
(VIII) V
ISIT RESTRICTIONS BASED ON THREATS TO SAFETY OR
SECURITY
;
(IX) M
ONITORING AND RECORDING VISITS , PHONE CALLS, AND
ELECTRONIC COMMUNICATIONS
; AND
(X) PROFESSIONAL VISITS BY LEGAL COUNSEL OR CLERGY ,
INCLUDING MEASURES TO PROTECT CONFIDENTIALITY ;
(h) H
EALTH CARE, MENTAL AND BEHAVIORAL HEALTH CARE , AND
DENTAL CARE
, INCLUDING:
(I) A
LL LEVELS OF HEALTH CARE, MENTAL AND BEHAVIORAL HEALTH
CARE
, AND DENTAL CARE THAT ASSURE QUALITY , ACCESSIBILITY, AND
TIMELY SERVICES FOR INMATES
;
(II) A
RRANGING CARE FROM AN APPROPRIATE OUTSIDE PROVIDER
WHEN CARE IS NOT AVAILABLE AT THE JAIL
;
(III) R
EQUIRING THAT MEDICAL, MENTAL, AND BEHAVIORAL HEALTH
DECISIONS AND ACTIONS ARE MADE ONLY BY QUALIFIED HEALTH
-CARE AND
MENTAL AND BEHAVIORAL HEALTH
-CARE PROFESSIONALS;
(IV) R
EQUIRING THAT AN INMATE IS NOT DENIED NECESSARY CARE ;
(V) R
EQUIRING THAT ALL EXAMINATIONS , TREATMENTS, AND
PROCEDURES ARE GOVERNED BY INFORM ED CONSENT PRACTICES APPLICABLE
PAGE 15-HOUSE BILL 22-1063 IN THE JAIL'S JURISDICTION;
(VI) R
EQUIRING THAT THE JAIL ASSESS THE HEALTH OF EACH INMATE
AT INTAKE AND ON AN ONGOING BASIS AND CREATE A PLAN TO PROVIDE
CONTINUITY OF CARE FOR INMATES WHO ARE BEING TREATED FOR A HEALTH
CONDITION
;
(VII) P
ROVIDING EMERGENCY CARE , SICK CHECKS, AND PHYSICAL
HEALTH CARE
, MENTAL AND BEHAVIORAL HEALTH CARE , AND DENTAL CARE
THAT ENSURES NEEDS ARE
:
(A) A
DDRESSED IN A TIMELY MANNER ;
(B) R
ECORDED AND MAINTAINED ON FILE ; AND
(C) REVIEWED BY QUALIFIED HEALTH -CARE PERSONNEL WITH
TREATMENT OR FOLLOW
-UP PROVIDED;
(VIII) D
ISPENSING AND ADMINISTERING PRESCRIBED MEDICATIONS ,
INCLUDING:
(A) R
EQUIRING THAT HEALTH -TRAINED PERSONNEL OR
PROFESSIONALLY TRAINED PERSONNEL DISPENSE AND ADMINISTER
MEDICATIONS
;
(B) R
EQUIRING ADEQUATE MANAGEMENT OF CONTROLLED
MEDICATIONS
;
(C) P
ROVIDING MEDICATION TO INMATES IN SPECIAL MANAGEMENT
UNITS
;
(D) R
EQUIRING THE APPLICABLE INFORMED CONSENT PRACTICES IN
THE JAIL
'S JURISDICTION BE FOLLOWED; AND
(E) DEVELOPING A STANDARDIZED FORMULARY AND A PROCESS FOR
ACCESSING MEDICATIONS NOT LISTED WHEN MEDICALLY NECESSARY
;
(IX) R
EDUCING SUICIDE BY IDENTIFYING AT -RISK INMATES AND
TRAINING STAFF MEMBERS ON HOW TO RECOGNIZE VERBAL AND BEHAVIORAL
CUES THAT INDICATE POTENTIAL SUICIDE AND HOW TO RESPOND
PAGE 16-HOUSE BILL 22-1063 APPROPRIATELY;
(X) P
ROVIDING INFECTIOUS DISEASE CONTROL ;
(XI) P
ROVIDING CARE FOR PREGNANT INMATES ; AND
(XII) ASSESSING AND REPORTING INMATE DEATHS ;
(i) F
OOD SERVICE, INCLUDING:
(I) N
UTRITIONAL STANDARDS;
(II) T
IMING AND FREQUENCY OF MEALS ;
(III) S
PECIAL DIETS; AND
(IV) SAFE STORAGE AND PREPARATION OF FOOD ;
(j) R
ECREATION AND PROGRAMMING , INCLUDING:
(I) R
EGULAR ACCESS TO EXERCISE AND EQUIPMENT FOR INMATES ;
(II) T
ELEVISION VIEWING AND TABLE GAMES ;
(III) R
EADING MATERIALS;
(IV) T
REATMENT FOR ALCOHOL AND DRUG ABUSE ;
(V) A
CADEMIC TRAINING;
(VI) P
SYCHOLOGICAL AND SOCIAL SERVICES AND OTHER
COMMUNITY SERVICES
; AND
(VII) RELIGIOUS PRACTICE;
(k) I
NMATE DISCIPLINARY PROCESSES, INCLUDING:
(I) S
TANDARDS FOR RESTRICTIVE HOUSING ;
(II) P
ROHIBITED ACTS OR CONDUCT , DEGREES OF VIOLATIONS,
PAGE 17-HOUSE BILL 22-1063 RANGES OF PENALTIES, AND DISCIPLINARY HEARING PROCEDURES ;
(III) A
SANCTION SCHEDULE FOR RULE VIOLATIONS ;
(IV) E
STABLISHING FUNDAMENTAL RIGHTS FOR INMATES THAT
CANNOT BE SUSPENDED EXCEPT IN AN EMERGENCY OR OTHER CONDITION
BEYOND THE CONTROL OF THE JAIL ADMINISTRATOR
;
(V) B
ANNING THE USE OF CORPORAL PUNISHMENT , DISCIPLINE
ADMINISTERED BY INMATES
, AND WITHHOLDING FOOD FROM INMATES ;
(VI) C
IRCUMSTANCES UNDER WHICH A DISCIPLINARY HEARING IS
CONDUCTED
;
(VII) P
RE-DISCIPLINARY HEARING REQUIREMENTS ;
(VIII) E
STABLISHING A MINIMUM PERIOD AFTER RECEIVING WRITTEN
NOTIFICATION OF A RULE VIOLATION TO ALLOW AN INMATE TO PREPARE FOR
THE DISCIPLINARY HEARING
;
(IX) D
ISCIPLINARY HEARING REQUIREMENTS THAT INCLUDE
ENSURING DUE PROCESS PROTECTIONS ARE AFFORDED
; AND
(X) THE OPPORTUNITY TO APPEAL DISCIPLINARY ACTIONS TO THE
JAIL ADMINISTRATOR OR DESIGNEE
;
(l) R
ESTRICTIVE HOUSING, INCLUDING:
(I) W
RITTEN POLICIES AND PROCEDURES GOVERNING THE
RESTRICTIVE HOUSING OF INMATES FROM THE GENERAL POPULATION
;
(II) B
ANNING THE USE OF RESTRICTIVE HOUSING AS A PENALTY ;
(III) C
IRCUMSTANCES WHEN RESTRICTIVE HOUSING MAY BE USED TO
SEPARATE AN INMATE FROM THE GENERAL POPULATION
;
(IV) W
RITTEN NOTIFICATIONS OF RESTRICTIVE HOUSING TO THE
INMATE
; AND
(V) TIMING FOR REVIEW OF RESTRICTIVE HOUSING ;
PAGE 18-HOUSE BILL 22-1063 (m) INMATE GRIEVANCES, INCLUDING:
(I) E
STABLISHING A WRITTEN GRIEVANCE PROCEDURE FOR INMATES
WITH AT LEAST ONE LEVEL OF APPEAL
; AND
(II) PROHIBITING RETALIATION BY STAFF BASED ON AN INMATE
GRIEVANCE
;
(n) J
AIL STAFFING, INCLUDING:
(I) Q
UALIFICATIONS FOR STAFF TO SUPERVISE AND CONTROL
INMATES
;
(II) P
RE-EMPLOYMENT BACKGROUND CHECKS ;
(III) S
TANDARDIZED PERFORMANCE REVIEWS ;
(IV) S
TAFFING PLANS;
(V) P
OSTS AND FUNCTIONS;
(VI) G
ENDER OF STAFF;
(VII) R
EVIEW OF STAFFING PLANS;
(VIII) R
EQUIRING REVIEW OF THE STAFFING PLANS AT LEAST ONCE
A YEAR BY THE JAIL ADMINISTRATOR AND REVISED AS NEEDED
;
(IX) V
OLUNTEER POLICIES;
(X) C
ODE OF ETHICS; AND
(XI) STAFF TRAINING STANDARDS FOR ALL LEVELS OF EMPLOYEES ;
AND
(o) INMATE PREROGATIVES REGARDING :
(I) E
XPRESSION AND COMMUNICATION ;
(II) R
ELIGIOUS PRACTICE;
PAGE 19-HOUSE BILL 22-1063 (III) ACCESS TO THE COURTS;
(IV) A
CCESS TO LEGAL COUNSEL, INCLUDING THE ABILITY FOR LEGAL
COUNSEL TO CONTACT A CLIENT BY SCHEDULING A TELEP HONE OR VIDEO
MEETING
;
(V) A
CCESS TO LEGAL MATERIALS AND DISABILITY RIGHTS ;
(VI) A
CCESS TO THE MEDIA;
(VII) S
TANDARDS FOR WHEN ACCESS TO EDUCATION IS
APPROPRIATE
; AND
(VIII) DISCIPLINARY ACTION AND USE OF FORCE.
(2) T
HE COMMISSION SHALL COMPLETE A REPORT THAT INCLUDES ITS
RECOMMENDATIONS REGARDING THE FEASABILITY OF JAILS OF VARIOUS
SIZES AND THEIR ABILITY TO IMPLEMENT THE RECOMMENDATIONS AND
PRESENT IT TO THE COMMITTEE FOR APPROVAL BY
NOVEMBER 15, 2023. THE
DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL SHALL SUPPLY STAFF
ASSISTANCE TO THE COMMISSION
, INCLUDING ASSISTING WITH COMPLETING
THE REPORT
. THE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL
SHALL NOT SUPPLY STAFF ASSISTANCE TO ANY SUBCOMMITTEES CREATED BY
THE COMMISSION
.
2-3-1904. Repeal of part. T
HIS PART 19 IS REPEALED, EFFECTIVE
JULY 1, 2024.
SECTION 2. In Session Laws of Colorado 2021, amend section 4
of chapter 322 as follows:
Section 4. Effective date. This act takes effect upon passage; except
that section 1 of this act takes effect on July 1, 2022
JULY 1, 2023, and
section 2 of this act takes effect on January 1, 2022.
SECTION 3. Appropriation. For the 2022-23 state fiscal year,
$96,039 is appropriated to the legislative department. This appropriation is
from the general fund. To implement this act, the department may use this
appropriation as follows:
PAGE 20-HOUSE BILL 22-1063 (a) $90,379 for use by the legislative council, which amount is based
on an assumption that the council will require an additional 0.9 FTE; and
(b) $5,660 for use by the general assembly.
SECTION 4. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 21-HOUSE BILL 22-1063