Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0013.01 Michael Dohr x4347
HOUSE BILL 22-1063
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING CREATION OF A JAIL STANDARDS COMMISSION TO101
STANDARDIZE THE OPERATION OF COLORADO JAILS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill creates the Colorado jail standards commission
(commission) in the department of public safety. The commission creates
standards for the operation of Colorado's county jails (jails) and updates
the standards as necessary. The commission consists of the following 20
members:
! 5 sheriffs or senior jail administrators;
HOUSE SPONSORSHIP
Amabile and Benavidez,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. ! 2 county commissioners;
! 3 people with lived experience of being incarcerated or
having a family member who is or was incarcerated in a
jail;
! One mental health professional with experience working in
a jail;
! One health professional with experience working in a jail;
! One person representing a lesbian, gay, bisexual,
transgender, or queer advocacy organization;
! One person representing an organization advocating for the
rights of people with disabilities;
! One person representing an organization advocating for the
rights of communities of color;
! One person representing an organization advocating for the
rights of persons with mental or physical disabilities;
! One non-law-enforcement person with experience working
in a jail, appointed by the executive director of the
department of public safety;
! The state public defender or the state public defender's
designee;
! One district attorney, appointed by the Colorado district
attorneys' council; and
! One person representing the department of public safety
with expertise in jail operations.
The commission shall develop standards for all aspects of jail
operations as follows:
! Reception and release;
! Classification of inmates;
! Security;
! Housing;
! Sanitation and environmental conditions;
! Communication;
! Visitation;
! Health care, mental and behavioral health care, and dental
care;
! Food service;
! Recreation and programming;
! Inmate disciplinary processes;
! Restrictive housing;
! Inmate grievances;
! Staffing; and
! Inmates' prerogatives.
The commission shall establish standards regarding oversight of
the standards; compliance with the standards, including a requirement for
a biennial compliance inspection of each jail; a complaint process and
HB22-1063
-2- investigation process; and possible sanctions for noncompliance with or
violations of the standards. The department of public safety shall
promulgate rules adopting the standards and possible sanctions.
The department of public safety shall provide oversight of the
implementation of the standards. The commission shall evaluate the
effectiveness of the standards after implementation and make any needed
changes to the standards.
The bill sunsets the commission on September 1, 2029.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 4 to article2
26 of title 17 as follows:3
PART 44
COLORADO JAIL STANDARDS COMMISSION5
17-26-401. Colorado jail standards commission - creation -6
membership. (1) T
HE COLORADO JAIL STANDARDS COMMISSION IS7
CREATED IN THE DEPARTMENT OF PUBLIC SAFETY AND REFERRED TO IN8
THIS PART 4 AS THE "COMMISSION". THE COMMISSION SHALL CREATE9
STANDARDS FOR THE SAFE AND EFFECTIVE OPERATION OF COLORADO'S10
COUNTY JAILS, REFERRED TO IN THIS PART 4 AS "JAILS", AND UPDATE THE11
STANDARDS AS NECESSARY .12
(2) T
HE COMMISSION IS COMPOSED OF THE FOLLOWING TWENTY13
MEMBERS:14
(a) F
IVE SHERIFFS OR SENIOR JAIL ADMINISTRATORS, APPOINTED BY15
THE STATEWIDE ORGANIZATION REPRESENTING COUNTY :16
(I) O
NE FROM A COUNTY IN EACH COUNTY CATEGORY I-IV, AS17
DEFINED BY SECTION 30-2-102; AND18
(II) O
NE FROM EITHER A CATEGORY V OR CATEGORY VI COUNTY,19
AS DEFINED BY SECTION 30-2-102;20
(b) T
WO COUNTY COMMISSIONERS , APPOINTED BY THE STATEWIDE21
HB22-1063-3- ORGANIZATION REPRESENTING COUNTY COMMISSIONERS :1
(I) O
NE FROM EITHER A COUNTY CATEGORY I OR II COUNTY, AS2
DEFINED BY SECTION 30-2-102; AND3
(II) O
NE FROM A CATEGORY III, IV, V, OR VI COUNTY, AS DEFINED4
BY SECTION 30-2-102;5
(c) T
HREE PERSONS WITH LIVED EXPERIENCE OF BEING6
INCARCERATED OR HAVING A FAMILY MEMBER WHO IS OR WAS7
INCARCERATED IN A JAIL, APPOINTED BY A STATEWIDE ORGANIZATION8
ADVOCATING FOR THE RIGHTS OF THE INCARCERATED IN COLORADO;9
(d) O
NE MENTAL HEALTH PROFESSIONAL WITH EXPERIENCE10
WORKING IN A JAIL, APPOINTED BY A STATEWIDE ORGANIZATION11
ADVOCATING FOR MENTAL HEALTH IN COLORADO;12
(e) O
NE HEALTH PROFESSIONAL WITH EXPERIENCE WORKING IN A13
JAIL, APPOINTED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF14
HUMAN SERVICES;15
(f) O
NE PERSON REPRESENTING A LESBIAN , GAY, BISEXUAL,16
TRANSGENDER, OR QUEER ADVOCACY ORGANIZATION , APPOINTED BY A17
STATEWIDE ORGANIZATION ADVOCATING FOR THE RIGHTS OF THE18
INCARCERATED IN COLORADO;19
(g) O
NE PERSON REPRESENTING AN ORGANIZATION ADVOCATING20
FOR THE RIGHTS OF PEOPLE WITH DEVELOPMENTAL DISABILITIES ,21
APPOINTED BY A STATEWIDE ORGANIZATION ADVOCATING FOR THE RIGHTS22
OF THE INCARCERATED IN COLORADO;23
(h) O
NE PERSON REPRESENTING AN ORGANIZATION ADVOCATING24
FOR THE RIGHTS OF PEOPLE OF COLOR , APPOINTED BY A STATEWIDE25
ORGANIZATION ADVOCATING FOR THE RIGHTS OF THE INCARCERATED IN26
C
OLORADO;27
HB22-1063
-4- (i) ONE PERSON REPRESENTING AN ORGANIZATION ADVOCATING1
FOR THE RIGHTS OF PERSONS WITH MENTAL OR PHYSICAL DISABILITIES ,2
APPOINTED BY A STATEWIDE ORGANIZATION ADVOCATING FOR THE RIGHTS3
OF THE INCARCERATED IN COLORADO;4
(j) O
NE NON-LAW-ENFORCEMENT PERSON WITH EXPERIENCE5
WORKING IN A JAIL, APPOINTED BY THE EXECUTIVE DIRECTOR OF THE6
DEPARTMENT OF PUBLIC SAFETY ;7
(k) T
HE STATE PUBLIC DEFENDER OR THE STATE PUBLIC8
DEFENDER'S DESIGNEE;9
(l) O
NE DISTRICT ATTORNEY, APPOINTED BY THE COLORADO10
DISTRICT ATTORNEYS' COUNCIL; AND11
(m) O
NE PERSON REPRESENTING THE DEPARTMENT OF PUBLIC12
SAFETY WITH EXPERTISE IN JAIL OPERATIONS , APPOINTED BY THE13
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY .14
(3) (a) T
HE TERM FOR THE INITIAL COMMISSION MEMBERS15
APPOINTED PURSUANT TO SUBSECTIONS (2)(a), (2)(c), AND (2)(d) OF THIS16
SECTION IS FOUR YEARS AND THOSE COMMISSION MEMBERS MAY BE17
REAPPOINTED FOR ONE FOUR-YEAR TERM, AND THE TERM FOR THE OTHER18
INITIAL COMMISSION MEMBERS IS TWO YEARS AND THOSE COMMISSION19
MEMBERS MAY BE REAPPOINTED TO TWO TWO -YEAR TERMS. THE TERM20
FOR ANY COMMISSION MEMBER APPOINTED AFTER THE INITIAL21
COMMISSION MEMBER IS TWO YEARS , AND THAT COMMISSION MEMBER22
MAY BE APPOINTED TO NO MORE THAN THREE TWO -YEAR TERMS.23
(b) T
HE INITIAL COMMISSION MEMBERS MUST BE APPOINTED BY24
J
ULY 1, 2022.25
(4) T
HE FIRST MEETING OF THE COMMISSION MUST BE HELD BY26
J
ULY 31, 2022. DURING THE FIRST YEAR OF EXISTENCE, THE COMMISSION27
HB22-1063
-5- SHALL MEET AT LEAST MONTHLY , AND IN SUBSEQUENT YEARS , THE1
COMMISSION SHALL MEET AT LEAST QUARTERLY . THE CHAIR OF THE2
COMMISSION SHALL SET THE MEETING DATES AND TIMES .3
17-26-402. Commission - duties - rules. (1) T
HE COMMISSION4
SHALL DEVELOP STANDARDS IN COMPLIANCE WITH STATE AND FEDERAL5
LAW FOR ALL ASPECTS OF JAIL OPERATIONS AS FOLLOWS :6
(a) R
ECEPTION AND RELEASE, INCLUDING:7
(I) I
DENTIFYING THE ARRESTING, TRANSPORTING, OR COMMITTING8
OFFICER;9
(II) R
ECORDING INMATE INFORMATION IN A BOOKING AND10
IDENTIFICATION RECORD FOR EVERY COMMITMENT ;11
(III) I
DENTIFYING INMATES DURING RECEPTION BY PHOTOGRAPH ,12
IDENTIFICATION BRACELET, OR OTHER MEANS;13
(IV) P
ROVIDING ACCESS TO TELEPHONES AFTER THE RECEPTION14
PROCESS;15
(V) S
EARCHING, CONFISCATING, INVENTORYING, AND SECURING16
OF UNAUTHORIZED ITEMS;17
(VI) C
ONFISCATION, COUNTING, AND SECURING OF MONEY OR ANY18
FORM OF CURRENCY;19
(VII) S
ECURING THE INMATE'S SIGNATURE AND REQUIREMENTS20
FOR WITNESS SIGNATURES ON A COMPLETED INVENTORY OF ITEMS AND21
MONEY CONFISCATED;22
(VIII) S
TRIP SEARCHES AND BODY CAVITY SEARCHES CONSISTENT23
WITH COLORADO LAW;24
(IX) D
ETERMINING WHEN AN INMATE SHOULD RECEIVE A SHOWER ;25
(X) P
ROVIDING INMATES WITH CLEAN UNIFORM CLOTHING OR26
STANDARDS FOR WEARING PERSONAL CLOTHING ;27
HB22-1063
-6- (XI) THE AMOUNT OF TIME INMATES ARE CONFINED IN THE1
RECEPTION AREA;2
(XII) T
HE POSSESSION OF MONEY BY INMATES , INCLUDING3
PROVISIONS TO PREVENT INMATE GAMBLING , THEFT, AND EXTORTION;4
(XIII) P
ROVIDING INMATES WITH A LIST OF GENERALLY5
APPLICABLE INMATE RULES;6
(XIV) A
SSISTING INMATES IN UNDERSTANDING THESE RULES IF7
THERE ARE LITERACY OR LANGUAGE OBSTACLES ;8
(XV) O
BTAINING SIGNED ACKNOWLEDGMENT FROM INMATES OF9
RECEIPT AND UNDERSTANDING OF RULES ;10
(XVI) E
NSURING THE SAFETY OF MALE, FEMALE, AND NONBINARY11
INMATES DURING RECEPTION;12
(XVII) V
ERIFYING INMATES' IDENTIFICATION AND RELEASE13
DOCUMENTATION;14
(XVIII) D
OCUMENTING AN INMATE 'S RELEASE TO ANOTHER15
AGENCY;16
(XIX) O
BTAINING A RECEIPT FROM THE INMATE OR THE RECEIVING17
OFFICER, AS APPROPRIATE, FOR ALL PROPERTY RETURNED AT THE TIME OF18
RELEASE OR TRANSFER;19
(XX) C
ONFINING JUVENILES WHEN PERMITTED BY COURT ORDER20
PURSUANT TO SECTION 19-2.5-305;21
(XXI) S
CREENING AND ASSESSMENT FOR PHYSICAL DISABILITIES ,22
MENTAL OR BEHAVIORAL HEALTH DISORDERS , TRAUMATIC BRAIN INJURIES,23
OR DEVELOPMENTAL DISABILITIES;24
(XXII) P
ROVIDING ACCOMMODATIONS FOR PEOPLE WITH25
DISABILITIES AS REQUIRED BY ALL APPLICABLE STATE AND FEDERAL LAW ;26
AND27
HB22-1063
-7- (XXIII) CONSIDERING AGE AS A FACTOR IN THE CLASSIFICATION1
OF INMATES;2
(b) C
LASSIFICATION OF INMATES, INCLUDING:3
(I) A
WRITTEN INMATE CLASSIFICATION SYSTEM THAT SPECIFIES4
THE CRITERIA AND PROCEDURES FOR DETERMINING AND CHANGING THE5
CLASSIFICATION OF INMATES TO DETERMINE THE LEVEL OF CUSTODY6
REQUIRED, SPECIAL NEEDS, HOUSING ASSIGNMENT, AND PARTICIPATION IN7
PROGRAMMING;8
(II) H
OUSING MALE, FEMALE, AND NONBINARY INMATES9
SEPARATELY BY SIGHT AND TOUCH , AND OUT OF RANGE OF NORMAL10
CONVERSATION WITH EACH OTHER ;11
(III) S
UPERVISING MALE, FEMALE, AND NONBINARY INMATES12
WHEN PLACED TOGETHER FOR PROGRAMMING , TRANSPORTATION, OR13
OTHER SIMILAR ACTIVITIES;14
(IV) H
OUSING VIOLENT AND NONVIOLENT INMATES SEPARATELY ;15
(V) S
UPERVISING VIOLENT AND NONVIOLENT INMATES WHEN16
PLACED TOGETHER FOR PROGRAMMING , TRANSPORTATION, OR OTHER17
SIMILAR ACTIVITIES;18
(VI) H
OUSING JUVENILE AND ADULT INMATES SEPARATELY ;19
(VII) S
UPERVISING JUVENILE AND ADULT INMATES WHEN PLACED20
TOGETHER FOR PROGRAMMING , DINING, TRANSPORTATION, OR OTHER21
SIMILAR ACTIVITIES;22
(VIII) E
NSURING JUVENILE INMATES HAVE ACCESS TO23
LARGE-MUSCLE EXERCISE, EDUCATION, WORK OPPORTUNITIES, AND OTHER24
DEVELOPMENTALLY APPROPRIATE PROGRAMMING ;25
(IX) E
VALUATING AND SELECTING INMATES FOR WORK WHILE26
INCARCERATED;27
HB22-1063
-8- (X) HOUSING INMATES PARTICIPATING IN WORK OR EDUCATIONAL1
RELEASE PROGRAMS SEPARATELY FROM THE GENERAL POPULATION ; AND2
(XI) E
STABLISHING THE ACCEPTABLE PERSONAL AND HYGIENE3
ITEMS PROVIDED TO INMATES IN THE GENERAL POPULATION ;4
(c) S
ECURITY, INCLUDING:5
(I) E
STABLISHING A SECURITY PERIMETER;6
(II) E
STABLISHING A SECURE BOOKING AND RELEASE AREA ;7
(III) I
F INSTALLED, ENSURING CLOSED-CIRCUIT TELEVISIONS ARE8
OPERATIONAL AND PRECLUDE THE MONITORING OF SHOWER , TOILET, AND9
CLOTHING EXCHANGE AREAS ;10
(IV) T
WO-WAY COMMUNICATIONS BETWEEN CENTRAL CONTROL ,11
STAFFED POSTS, AND INMATE-OCCUPIED AREAS;12
(V) H
AVING EQUIPMENT NECESSARY TO MAINTAIN UTILITIES ,13
COMMUNICATIONS, SECURITY, LIFE-SAVING DEVICES, AND FIRE14
PROTECTION IN AN EMERGENCY AND SCHEDULES TO TEST , REPAIR, AND15
REPLACE EQUIPMENT IN A TIMELY MANNER ;16
(VI) P
ROCEDURES GOVERNING AVAILABILITY , CONTROL17
INVENTORY, STORAGE, AND USE OF FIREARMS , LESS-THAN-LETHAL18
DEVICES, AND RELATED SECURITY DEVICES AND SPECIFYING THE LEVEL OF19
AUTHORITY REQUIRED FOR THEIR ACCESS AND USE ;20
(VII) U
SE OF AND AUTHORIZATION FOR CHEMICAL AGENTS AND21
ELECTRICAL DISABLERS;22
(VIII) R
ESTRICTIONS FOR ACCESS TO STORAGE AREAS ;23
(IX) S
EPARATING STORAGE SPACE FROM INMATE HOUSING OR24
ACTIVITY AREAS;25
(X) E
NSURING THE SAFETY OF MALE, FEMALE, AND NONBINARY26
INMATES DURING RECEPTION;27
HB22-1063
-9- (XI) INMATE SEARCHES WHEN INMATES ENTER OR LEAVE THE1
JAIL'S SECURITY PERIMETER TO CONTROL CONTRABAND ;2
(XII) P
ROCEDURES AND PRACTICES GOVERNING STRIP AND BODY3
CAVITY SEARCHES;4
(XIII) E
MERGENCY PLANS, INCLUDING TRAINING FOR JAIL5
PERSONNEL IN THE IMPLEMENTATION OF EMERGENCY PLANS , AND6
PROCEDURES TO BE FOLLOWED IN SITUATIONS THAT THREATEN JAIL7
SECURITY;8
(XIV) L
OGGING ROUTINE INFORMATION, EMERGENCY SITUATIONS,9
AND UNUSUAL INCIDENTS;10
(XV) C
OUNTING TO VERIFY EACH INMATE 'S PHYSICAL PRESENCE11
AND IDENTIFICATION, INCLUDING THE NUMBER OF OFFICIAL DAILY COUNTS,12
RECONCILIATION OF JAIL COUNTS, AND RECORDING OF JAIL COUNTS;13
(XVI) P
ERSONAL OBSERVATION CHECKS OF INMATES , INCLUDING14
REGULAR AND VARIABLE TIMING OF SUCH CHECKS AND DOCUMENTATION15
OF SUCH CHECKS;16
(XVII) P
OLICIES FOR ADDRESSING THE MANAGEMENT OF INMATES17
WITH SPECIALIZED PHYSICAL AND MENTAL OR BEHAVIORAL HEALTH18
NEEDS;19
(XVIII) U
SE OF PHYSICAL AND MECHANICAL RESTRAINTS ,20
INCLUDING AUTHORIZING USE OF PHYSICAL RESTRAINTS AND MONITORING21
AND RECORDING THE CHECKS OF INMATES IN RESTRAINTS ;22
(XIX) D
EFINING JUSTIFIABLE SELF-DEFENSE, PREVENTING23
SELF-INFLICTED HARM, PROTECTION OF OTHERS , RIOT PREVENTION,24
DISCHARGE OF A FIREARM OR OTHER WEAPON , ESCAPE OR OTHER CRIME,25
AND CONTROLLING OR SUBDUING AN INMATE WHO REFUSES TO OBEY A26
STAFF COMMAND OR ORDER ;27
HB22-1063
-10- (XX) DEFINING DE-ESCALATION STRATEGIES AND THE LIMITS OF1
THE AMOUNT OF FORCE NECESSARY TO CONTROL A GIVEN SITUATION , AND2
SPECIFYING THAT IN NO CIRCUMSTANCE IS PHYSICAL FORCE TO BE USED AS3
PUNISHMENT;4
(XXI) S
PECIFYING THAT AN EXAMINATION , TREATMENT, AND5
PHOTOGRAPHIC DOCUMENTATION BY QUALIFIED HEALTH -CARE PERSONNEL6
IS PROVIDED TO INMATES OR STAFF INVOLVED IN A USE OF FORCE INCIDENT7
WHEN THERE IS OBVIOUS PHYSICAL INJURY OR THERE IS A COMPLAINT OF8
INJURY OR REQUEST FOR MEDICAL ATTENTION ;9
(XXII) S
PECIFYING WHEN AND HOW AN INCIDENT WILL BE10
RECORDED AND REVIEWED BY THE JAIL ADMINISTRATOR OR DESIGNEE ;11
(XXIII) S
EARCHES OF JAILS AND INMATES TO CONTROL12
CONTRABAND;13
(XXIV) T
IMING FOR INSPECTING INMATE-ACCESSIBLE AREAS;14
(XXV) T
IMING FOR A SECURITY INSPECTION OF THE JAIL;15
(XXVI) N
OTIFYING THE JAIL ADMINISTRATOR OR DESIGNEE OF16
ANY DISCOVERED CONTRABAND OR PHYSICAL SECURITY DEFICIENCIES ;17
(XXVII) D
OCUMENTING THE DISPOSITION OF CONTRABAND AND18
THE REMEDIATION OF PHYSICAL SECURITY DEFICIENCIES ;19
(XXVIII) C
ONTROLLING INMATE MOVEMENT FROM ONE AREA TO20
ANOTHER;21
(XXIX) S
TAFF SUPERVISION AND SEARCHES OF AN INMATE22
PERFORMING WORK;23
(XXX) E
NSURING AN INMATE IS NOT GIVEN CONTROL OF OR24
AUTHORITY OVER ANY OTHER INMATE , SECURITY FUNCTION, OR SERVICE25
ACTIVITY;26
(XXXI) R
EQUIRING SAME-GENDER AND CROSS -GENDER27
HB22-1063
-11- SUPERVISION GUIDELINES;1
(XXXII) C
ONTROLLING AND INVENTORYING KEYS , TOOLS, AND2
CULINARY EQUIPMENT;3
(XXXIII) E
NSURING TOXIC, CORROSIVE, AND FLAMMABLE4
SUBSTANCES AND TOOLS ARE SECURED , USED ONLY BY AUTHORIZED5
PERSONS, USED BY INMATES ONLY UNDER DIRECT SUPERVISION , AND USED6
ONLY IN ACCORDANCE WITH THE MANUFACTURER 'S INSTRUCTIONS; AND7
(XXXIV) R
EQUIREMENTS THAT EACH JAIL HAVE POLICIES8
GOVERNING STAFF DISCIPLINE , INCLUDING COMPLAINTS AGAINST9
OFFICERS, THAT ARE AVAILABLE FOR PUBLIC INSPECTION ;10
(d) H
OUSING, INCLUDING:11
(I) S
UFFICIENT SPACE STANDARDS REGARDING SQUARE FOOTAGE12
AND MAXIMUM OCCUPANCY FIGURES FOR ALL HOUSING AND HOLDING13
AREAS, INCLUDING HOLDING CELLS, HOUSING CELLS, DORMITORIES, DAY14
ROOMS, AND EATING AREAS;15
(II) S
UFFICIENT SEATING FOR ALL HOLDING AREAS , HOLDING16
CELLS, HOUSING CELLS, DORMITORIES, DAY ROOMS, AND EATING AREAS17
FOR EACH INMATE;18
(III) A
IR CIRCULATION FOR HOUSING CELLS;19
(IV) T
EMPERATURE STANDARDS AND MECHANICAL CONTROLS FOR20
ACCEPTABLE COMFORT LEVELS ;21
(V) A
CCESS TO SANITATION FACILITIES WITHOUT STAFF22
ASSISTANCE;23
(VI) A
MINIMUM NUMBER OF TOILET FACILITIES , SHOWER24
FACILITIES, AND WASH BASINS FOR A SPECIFIED NUMBER OF OCCUPANTS ;25
(VII) W
ATER TEMPERATURE STANDARDS AND CONTROLS ;26
(VIII) M
AXIMUM NOISE LEVELS MEASURED IN DECIBELS AND27
HB22-1063
-12- STANDARDS FOR MEASUREMENTS TO ENSURE COMPLIANCE ;1
(IX) N
ATURAL LIGHT PROVIDED IN HOUSING UNITS, DORMS, CELLS,2
AND DAY SPACES; AND3
(X) S
TANDARDS FOR SUSPENDING AND REINSTATING INMATE4
ACCESS TO CLOTHING , BEDS, BEDDING, TOILETS, LAVATORIES, AND5
SHOWERS BY THE JAIL ADMINISTRATOR OR DESIGNEE ;6
(e) S
ANITATION AND ENVIRONMENTAL CONDITIONS , INCLUDING:7
(I) P
ROVIDING INMATES WITH HYGIENE ITEMS AT INTAKE AND8
REPLACEMENT ITEMS TO INDIGENT INMATES ;9
(II) S
AFETY AND SANITARY STANDARDS FOR ALL AREAS OF THE10
JAIL, INCLUDING FOOD SERVICE AND LAUNDRY AREAS ;11
(III) D
EFINING STAFF AND INMATE HOUSEKEEPING12
RESPONSIBILITIES, INCLUDING DAILY CLEANING OF TOILETS , URINALS,13
SINKS, DRINKING FACILITIES, AND SHOWERS IN AREAS OCCUPIED BY14
INMATES, AND DISPOSAL OF GARBAGE;15
(IV) T
IMING AND PROCESSES FOR INSPECTING FOR SANITATION16
AND VERMIN;17
(V) M
AINTENANCE AND REPAIRS;18
(VI) I
NSPECTIONS BY LOCAL OR STATE HEALTH AUTHORITIES ;19
(VII) N
IGHTTIME LIGHTING OF GROUNDS , WALKWAYS,20
DRIVEWAYS, AND PARKING AREAS;21
(VIII) I
NTERIOR LIGHTING STANDARDS ;22
(IX) B
EDDING AND MATTRESS STANDARDS , INCLUDING THAT THE23
BEDDING AND MATTRESS ARE IN GOOD REPAIR AND CLEANED PRIOR TO24
BEING REISSUED;25
(X) T
IMING AND DOCUMENTATION FOR THE EXCHANGE AND26
LAUNDERING OF BED LINENS , BLANKETS, TOWELS, CLOTHING, AND27
HB22-1063
-13- UNDERGARMENTS;1
(XI) T
IMING TO CLEAN MATTRESSES;2
(XII) A
REQUIREMENT THAT WHEN SOILED , BEDDING,3
MATTRESSES, TOWELS, AND CLOTHING BE EXCHANGED OR CLEANED ;4
(XIII) I
NMATE HAIRCUTS;5
(XIV) S
HAVING EQUIPMENT AND SUPPLIES AND DOCUMENTING6
ISSUANCE AND RETRIEVAL OF SHAVING EQUIPMENT ; AND7
(XV) T
IMING OF INSPECTION BY A CERTIFIED LOCAL OR STATE FIRE8
SAFETY INSPECTOR APPLYING THE APPLICABLE JURISDICTIONAL AND STATE9
FIRE CODE, REQUIREMENTS FOR A WRITTEN FIRE SAFETY PLAN APPROVED10
BY LOCAL FIRE OFFICIALS THAT IS REVIEWED ANNUALLY AND UPDATED AS11
NEEDED, REQUIREMENTS FOR TRAINING IN JAIL FIRE SAFETY EQUIPMENT ,12
REQUIREMENTS FOR FIRE DRILLS, REQUIREMENTS FOR JAIL FURNISHINGS TO13
MEET FIRE SAFETY PERFORMANCE STANDARDS , AND REQUIREMENTS FOR14
JAIL EXITS TO BE CLEAR AND THAT EVACUATION ROUTES BE POSTED OR15
CLEARLY MARKED THROUGHOUT THE JAIL ;16
(f) C
OMMUNICATION, INCLUDING:17
(I) D
ELIVERING INCOMING OR OUTGOING MAIL OR18
CORRESPONDENCE VIA THE POSTAL SERVICE ;19
(II) O
PENING AND INSPECTING INCOMING INMATE MAIL ,20
CORRESPONDENCE, AND PACKAGES TO INTERCEPT NONPERMITTED ITEMS ;21
(III) O
PENING AND INSPECTING OUTGOING MAIL ;22
(IV) D
OCUMENTING PROCEDURES FOR THE APPROPRIATE23
DISPOSITION OF INTERCEPTED ITEMS;24
(V) P
ERMITTING LEGAL MAIL OR CORRESPONDENCE TO BE OPENED25
AND INSPECTED IN THE PRESENCE OF THE INMATE TO INTERCEPT26
CONTRABAND;27
HB22-1063
-14- (VI) CIRCUMSTANCES IN WHICH MAIL , CORRESPONDENCE, AND1
PACKAGES ARE WITHHELD OR REJECTED , INCLUDING NOTIFICATION TO THE2
INMATE;3
(VII) W
RITING MATERIALS, ENVELOPES, AND POSTAGE FOR4
INDIGENT INMATES;5
(VIII) I
NMATE E-MAIL SERVICE;6
(IX) I
NMATE TELEPHONE SERVICE; AND7
(X) A
CCESS TO LEGAL COUNSEL OF RECORD ;8
(g) V
ISITATION, INCLUDING:9
(I) A
SECURE VISITING AREA, INCLUDING STANDARDS FOR10
PHYSICALLY SEPARATING THE INMATE AND VISITOR AND CAPABILITIES FOR11
TWO-WAY CONVERSATIONS AND NONOBSCURED VISITS OR VIDEO VISITS ;12
(II) S
EATING IN THE VISITATION AREA;13
(III) I
DENTIFICATION REQUIREMENTS FOR VISITORS ;14
(IV) R
EGISTRY REQUIREMENTS FOR VISITORS ;15
(V) G
ENERAL VISITATION HOURS;16
(VI) V
IDEO VISITATIONS HOURS;17
(VII) V
ISITOR SECURITY PROTOCOLS TO PREVENT CONTRABAND18
FROM ENTERING THE JAIL;19
(VIII) V
ISIT RESTRICTIONS BASED ON THREATS TO SAFETY OR20
SECURITY;21
(IX) M
ONITORING AND RECORDING VISITS; AND22
(X) P
ROFESSIONAL VISITS BY LEGAL COUNSEL OF RECORD OR23
CLERGY, INCLUDING MEASURES TO PROTECT CONFIDENTIALITY ;24
(h) H
EALTH CARE, MENTAL AND BEHAVIORAL HEALTH CARE , AND25
DENTAL CARE, INCLUDING:26
(I) A
LL LEVELS OF HEALTH CARE , MENTAL AND BE HAVIORAL27
HB22-1063
-15- HEALTH CARE, AND DENTAL CARE THAT ASSURE QUALITY , ACCESSIBILITY,1
AND TIMELY SERVICES FOR INMATES ;2
(II) A
RRANGING CARE FROM AN APPROPRIATE OUTSIDE PROVIDER3
WHEN CARE IS NOT AVAILABLE AT THE JAIL;4
(III) R
EQUIRING THAT MEDICAL , MENTAL, AND BEHAVIORAL5
HEALTH DECISIONS AND ACTIONS ARE MADE ONLY BY QUALIFIED6
HEALTH-CARE AND MENTAL AND BEHAVIORAL HEALTH -CARE7
PROFESSIONALS;8
(IV) R
EQUIRING THAT AN INMATE IS NOT DENIED NECESSARY9
CARE;10
(V) R
EQUIRING THAT ALL EXAMINATIONS , TREATMENTS, AND11
PROCEDURES ARE GOVERNED BY INFORMED CONSENT PRACTICES12
APPLICABLE IN THE JAIL'S JURISDICTION;13
(VI) R
EQUIRING THAT THE JAIL ASSESS THE HEALTH OF EACH14
INMATE AT INTAKE AND ON AN ONGOING BASIS AND CREATE A PLAN TO15
PROVIDE CONTINUITY OF CARE FOR INMATES WHO ARE BEING TREATED FOR16
A HEALTH CONDITION;17
(VII) P
ROVIDING EMERGENCY CARE , SICK CHECKS, AND PHYSICAL18
HEALTH CARE, MENTAL AND BEHAVIORAL HEALTH CARE , AND DENTAL19
CARE THAT ENSURES NEEDS ARE :20
(A) A
DDRESSED IN A TIMELY MANNER ;21
(B) R
ECORDED AND MAINTAINED ON FILE ; AND22
(C) R
EVIEWED BY QUALIFIED HEALTH -CARE PERSONNEL WITH23
TREATMENT OR FOLLOW -UP PROVIDED;24
(VIII) D
ISPENSING AND ADMINISTERING PRESCRIBED25
MEDICATIONS, INCLUDING:26
(A) R
EQUIRING THAT HEALTH -TRAINED PERSONNEL OR27
HB22-1063
-16- PROFESSIONALLY TRAINED PERSONNEL DISPENSE AND ADMINISTER1
MEDICATIONS;2
(B) R
EQUIRING ADEQUATE MANAGEMENT OF CONTROLLED3
MEDICATIONS;4
(C) P
ROVIDING MEDICATION TO INMATES IN SPECIAL5
MANAGEMENT UNITS;6
(D) R
EQUIRING THE APPLICABLE INFORMED CONSENT PRACTICES7
IN THE JAIL'S JURISDICTION BE FOLLOWED; AND8
(E) D
EVELOPING A STANDARDIZED FORMULARY AND A PROCESS9
FOR ACCESSING MEDICATIONS NOT LISTED WHEN MEDICALLY NECESSARY ;10
(IX) R
EDUCING SUICIDE BY IDENTIFYING AT-RISK INMATES AND11
TRAINING STAFF MEMBERS ON HOW TO RECOGNIZE VERBAL AND12
BEHAVIORAL CUES THAT INDICATE POTENTIAL SUICIDE AND HOW TO13
RESPOND APPROPRIATELY;14
(X) P
ROVIDING INFECTIOUS DISEASE CONTROL ;15
(XI) P
ROVIDING CARE FOR PREGNANT INMATES ; AND16
(XII) A
SSESSING AND REPORTING INMATE DEATHS ;17
(i) F
OOD SERVICE, INCLUDING:18
(I) N
UTRITIONAL STANDARDS;19
(II) T
IMING AND FREQUENCY OF MEALS ;20
(III) S
PECIAL DIETS; AND21
(IV) S
AFE STORAGE AND PREPARATION OF FOOD ;22
(j) R
ECREATION AND PROGRAMMING , INCLUDING:23
(I) R
EGULAR ACCESS TO EXERCISE AND EQUIPMENT FOR INMATES ;24
(II) T
ELEVISION VIEWING AND TABLE GAMES ;25
(III) R
EADING MATERIALS;26
(IV) T
REATMENT FOR ALCOHOL AND DRUG ABUSE ;27
HB22-1063
-17- (V) ACADEMIC TRAINING;1
(VI) P
SYCHOLOGICAL AND SOCIAL SERVICES AND OTHER2
COMMUNITY SERVICES; AND3
(VII) R
ELIGIOUS PRACTICE;4
(k) I
NMATE DISCIPLINARY PROCESSES, INCLUDING:5
(I) S
TANDARDS FOR RESTRICTIVE HOUSING ;6
(II) P
ROHIBITED ACTS OR CONDUCT , DEGREES OF VIOLATIONS,7
RANGES OF PENALTIES, AND DISCIPLINARY HEARING PROCEDURES ;8
(III) A
SANCTION SCHEDULE FOR RULE VIOLATIONS ;9
(IV) E
STABLISHING FUNDAMENTAL RIGHTS FOR INMATES THAT10
CANNOT BE SUSPENDED EXCEPT IN AN EMERGENCY OR OTHER CONDITION11
BEYOND THE CONTROL OF THE JAIL ADMINISTRATOR ;12
(V) B
ANNING THE USE OF CORPORAL PUNISHMENT , DISCIPLINE13
ADMINISTERED BY INMATES, AND WITHHOLDING FOOD FROM INMATES ;14
(VI) C
IRCUMSTANCES UNDER WHICH A DISCIPLINARY HEARING IS15
CONDUCTED;16
(VII) P
RE-DISCIPLINARY HEARING REQUIREMENTS ;17
(VIII) E
STABLISHING A MINIMUM PERIOD AFTER RECEIVING18
WRITTEN NOTIFICATION OF A RULE VIOLATION TO ALLOW AN INMATE TO19
PREPARE FOR THE DISCIPLINARY HEARING ;20
(IX) D
ISCIPLINARY HEARING REQUIREMENTS THAT INCLUDE21
ENSURING DUE PROCESS PROTECTIONS ARE AFFORDED ; AND22
(X) T
HE OPPORTUNITY TO APPEAL DISCIPLINARY ACTIONS TO THE23
JAIL ADMINISTRATOR OR DESIGNEE;24
(l) R
ESTRICTIVE HOUSING, INCLUDING:25
(I) W
RITTEN POLICIES AND PROCEDURES GOVERNING THE26
RESTRICTIVE HOUSING OF INMATES FROM THE GENERAL POPULATION ;27
HB22-1063
-18- (II) BANNING THE USE OF RESTRICTIVE HOUSING AS A PENALTY ;1
(III) C
IRCUMSTANCES WHEN RESTRICTIVE HOUSING MAY BE USED2
TO SEPARATE AN INMATE FROM THE GENERAL POPULATION ;3
(IV) W
RITTEN NOTIFICATIONS OF RESTRICTIVE HOUSING TO THE4
INMATE; AND5
(V) T
IMING FOR REVIEW OF RESTRICTIVE HOUSING ;6
(m) I
NMATE GRIEVANCES, INCLUDING:7
(I) E
STABLISHING A WRITTEN GRIEVANCE PROCEDURE FOR8
INMATES WITH AT LEAST ONE LEVEL OF APPEAL ; AND9
(II) P
ROHIBITING RETALIATION BY STAFF BASED ON AN INMATE10
GRIEVANCE;11
(n) J
AIL STAFFING, INCLUDING:12
(I) Q
UALIFICATIONS FOR STAFF TO SUPERVISE AND CONTROL13
INMATES;14
(II) P
RE-EMPLOYMENT BACKGROUND CHECKS ;15
(III) S
TANDARDIZED PERFORMANCE REVIEWS ;16
(IV) S
TAFFING PLANS;17
(V) P
OSTS AND FUNCTIONS;18
(VI) G
ENDER OF STAFF;19
(VII) R
EVIEW OF STAFFING PLANS;20
(VIII) R
EQUIRING REVIEW OF THE STAFFING PLANS AT LEAST ONCE21
A YEAR BY THE JAIL ADMINISTRATOR AND REVISED AS NEEDED ;22
(IX) V
OLUNTEER POLICIES;23
(X) C
ODE OF ETHICS; AND24
(XI) S
TAFF TRAINING STANDARDS FOR ALL LEVELS OF EMPLOYEES ;25
AND26
(o) I
NMATE PREROGATIVES REGARDING :27
HB22-1063
-19- (I) EXPRESSION AND COMMUNICATION ;1
(II) R
ELIGIOUS PRACTICE;2
(III) A
CCESS TO THE COURTS;3
(IV) A
CCESS TO LEGAL COUNSEL, INCLUDING THE ABILITY FOR4
LEGAL COUNSEL TO CONTACT A CLIENT BY SCHEDULING A TELEPHONE OR5
VIDEO MEETING;6
(V) A
CCESS TO LEGAL MATERIALS AND DISABILITY RIGHTS ;7
(VI) A
CCESS TO THE MEDIA;8
(VII) S
TANDARDS FOR WHEN ACCESS TO EDUCATION IS9
APPROPRIATE; AND10
(VIII) D
ISCIPLINARY ACTION AND USE OF FORCE.11
(2) (a) (I) T
HE COMMISSION SHALL ESTABLISH TIMELINES FOR12
IMPLEMENTATION OF THE STANDARDS AND PROVIDE DIFFERENT TIMELINES13
SPECIFIC TO COUNTY JAIL SIZE. THE COMMISSION SHALL ADOPT THE14
INITIAL STANDARDS AND TIMELINES BY JULY 31, 2023. THE DEPARTMENT15
OF PUBLIC SAFETY SHALL PROMULGATE RULES ADOPTING THE INITIAL16
STANDARDS AND TIMELINES.17
(II) T
HE COMMISSION SHALL ESTABLISH STANDARDS REGARDING18
OVERSIGHT OF THE STANDARDS ; COMPLIANCE WITH THE STANDARDS ,19
INCLUDING A REQUIREMENT FOR A BIENNIAL COMPLIANCE INSPECTION OF20
EACH JAIL; A COMPLAINT PROCESS AND INVESTIGATION PROCESS ; AND21
POSSIBLE SANCTIONS FOR NONCOMPLIANCE WITH OR VIOLATIONS OF THE22
STANDARDS. THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE23
RULES ADOPTING THE STANDARDS AND POSSIBLE SANCTIONS .24
(b) T
HE DEPARTMENT OF PUBLIC SAFETY SHALL PROVIDE25
OVERSIGHT OF THE IMPLEMENTATION OF THE STANDARDS .26
(c) T
HE COMMISSION SHALL EVALUATE THE EFFECTIVENESS OF THE27
HB22-1063
-20- STANDARDS AFTER IMPLEMENTATION AND MAKE ANY NEEDED CHANGES1
TO THE STANDARDS.2
(d) T
HE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE ANY3
RULES TO IMPLEMENT THIS SUBSECTION (2).4
17-26-403. Repeal of part. T
HIS PART 4 IS REPEALED, EFFECTIVE5
S
EPTEMBER 1, 2029. BEFORE THE REPEAL, THIS PART 4 IS SCHEDULED FOR6
REVIEW IN ACCORDANCE WITH SECTION 24-34-104.7
SECTION 2. In Colorado Revised Statutes, 24-34-104, add8
(30)(a)(VII) as follows:9
24-34-104. General assembly review of regulatory agencies10
and functions for repeal, continuation, or reestablishment - legislative11
declaration - repeal. (30) (a) The following agencies, functions, or both,12
are scheduled for repeal on September 1, 2029:13
(VII) T
HE COLORADO JAIL STANDARDS COMMISSION CREATED IN14
PART 4 OF ARTICLE 26 OF TITLE 17;15
SECTION 3. In Session Laws of Colorado 2021, amend section16
4 of chapter 322 as follows:17
Section 4. Effective date. This act takes effect upon passage;18
except that section 1 of this act takes effect on July 1, 2022
JANUARY 1,19
2023, and section 2 of this act takes effect on January 1, 2022.20
SECTION 4. Safety clause. The general assembly hereby finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety.23
HB22-1063
-21-