Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 22-0013.01 Michael Dohr x4347
HOUSE BILL 22-1063
House Committees Senate Committees
Judiciary
Legislative Council
Appropriations
A BILL FOR AN ACT
C
ONCERNING CREATION OF A JAIL STANDARDS COMMISSION TO101
STANDARDIZE THE OPERATION OF COLORADO
JAILS, AND, IN102
CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
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:
HOUSE
3rd Reading Unamended
May 2, 2022
HOUSE
Amended 2nd Reading
April 29, 2022
HOUSE SPONSORSHIP
Amabile and Benavidez, Bacon, Bernett, Boesenecker, Cutter, Esgar, Exum, Gonzales-
Gutierrez, Herod, Hooton, Jodeh, Kipp, Lindsay, Lontine, McCormick, Ricks, Titone, Van
Winkle, Weissman
SENATE SPONSORSHIP
Coleman and Cooke,
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. ! 5 sheriffs or senior jail administrators;
! 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
1063
-2- a biennial compliance inspection of each jail; a complaint process and
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 19 to article2
3 of title 2 as follows:3
PART 194
COLORADO JAIL STANDARDS COMMISSION5
2-3-1901. Legislative oversight committee for Colorado jail6
standards - creation - duties. (1) Creation. (a) THERE IS CREATED A7
LEGISLATIVE OVERSIGHT COMMITTEE CONCERNING COLORADO JAIL8
STANDARDS, REFERRED TO IN THIS PART 19 AS THE "COMMITTEE".9
(b) THE COMMITTEE CONSISTS OF SIX MEMBERS. THE PRESIDENT10
OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF11
THE HOUSE OF REPRESENTATIVES, AND THE MINORITY LEADER OF THE12
HOUSE OF REPRESENTATIVES SHALL APPOINT THE MEMBERS OF THE13
COMMITTEE AS FOLLOWS:14
(I) THE PRESIDENT OF THE SENATE SHALL APPOINT TWO SENATORS15
TO SERVE ON THE COMMITTEE AND DESIGNATE ONE OF THE SENATORS AS16
THE VICE-CHAIR OF THE COMMITTEE, AND THE MINORITY LEADER OF THE17
SENATE SHALL APPOINT ONE SENATOR TO SERVE ON THE COMMITTEE ;18
(II) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL19
APPOINT TWO REPRESENTATIVES TO SERVE ON THE COMMITTEE AND20
1063-3- DESIGNATE ONE OF THE REPRESENTATIVES AS THE CHAIR OF THE1
COMMITTEE, AND THE MINORITY LEADER OF THE HOUSE OF2
REPRESENTATIVES SHALL APPOINT ONE REPRESENTATIVE TO SERVE ON THE3
COMMITTEE;4
(III) THE PRESIDENT OF THE SENATE, THE MINORITY LEADER OF5
THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND THE6
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES SHALL MAKE THEIR7
APPOINTMENTS BY JULY 1, 2022. IN THE CASE OF A VACANCY, THE PERSON8
MAKING THE ORIGINAL APPOINTMENT OR REAPPOINTMENT SHALL FILL ANY9
VACANCY BY APPOINTMENT .10
(c) (I) MEMBERS OF THE COMMITTEE MAY RECEIVE PAYMENT OF11
PER DIEM AND REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES12
AUTHORIZED PURSUANT TO SECTION 2-2-307.13
(II) THE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL14
AND THE DIRECTOR OF THE OFFICE OF LEGISLATIVE LEGAL SERVICES SHALL15
SUPPLY STAFF ASSISTANCE TO THE COMMITTEE, BUT SHALL NOT SUPPLY16
STAFF ASSISTANCE TO ANY SUBCOMMITTEES CREATED BY THE COMMITTEE .17
(2) Duties. (a) THE COMMITTEE SHALL MEET NO MORE THAN FOUR18
TIMES EACH YEAR.19
(b) THE COMMITTEE IS RESPONSIBLE FOR THE OVERSIGHT OF THE20
COMMISSION. THE CHAIR OF THE COMMITTEE SHALL ESTABLISH21
ORGANIZATIONAL RULES AND PROCEDURAL RULES AS ARE NECESSARY FOR22
THE OPERATION OF THE COMMISSION .23
(c) THE COMMITTEE MAY INTRODUCE UP TO A TOTAL OF THREE24
BILLS, JOINT RESOLUTIONS, OR CONCURRENT RESOLUTIONS DURING THE25
2024 LEGISLATIVE SESSION. BILLS THAT THE COMMITTEE INTRODUCES ARE26
EXEMPT FROM THE FIVE-BILL LIMITATION SPECIFIED IN RULE 24 (b)(1)(A)27
1063
-4- OF THE JOINT RULES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES .1
JOINT RESOLUTIONS AND CONCURRENT RESOLUTIONS THAT THE2
COMMITTEE INTRODUCES ARE EXEMPT FROM THE LIMITATIONS SET OUT IN3
RULE 26 (g) OF THE RULES OF THE HOUSE OF REPRESENTATIVES AND RULE4
30 (f) OF THE RULES OF THE SENATE. THE COMMITTEE IS EXEMPT FROM5
THE REQUIREMENT TO REPORT BILLS OR OTHER MEASURES TO THE6
LEGISLATIVE COUNCIL AS SPECIFIED IN RULE 24 (b)(1)(D) AND RULE 24A7
(d)(8) OF THE JOINT RULES OF THE SENATE AND THE HOUSE OF8
REPRESENTATIVES AND IN SECTION 2-3-303 (1)(f), COLORADO REVISED9
STATUTES. THE COMMITTEE IS SUBJECT TO RULE 24A OF THE JOINT RULES10
OF THE SENATE AND HOUSE OF REPRESENTATIVES, EXCEPT TO THE EXTENT11
THAT THE RULE MAY CONFLICT WITH THIS PART 19. BILLS RECOMMENDED12
BY THE COMMITTEE MUST BE INTRODUCED BY THE INTRODUCTION13
DEADLINE FOR HOUSE BILLS SPECIFIED IN RULE 23 (a)(1) OF THE JOINT14
RULES OF THE SENATE AND HOUSE OF REPRESENTATIVES. THE CHAIR AND15
VICE-CHAIR SHALL JOINTLY ESTABLISH THE LAST DATE FOR THE MEETING16
AT WHICH THE COMMITTEE MAY APPROVE BILL REQUESTS, THE LAST DATE17
BY WHICH COMMITTEE MEMBERS MUST FINALIZE BILL DRAFTS OR BY18
WHICH BILL DRAFTS WILL BE DEEMED FINALIZED FOR FISCAL NOTE19
PURPOSES, AND THE LAST DATE BY WHICH THE COMMITTEE WILL CONSIDER20
AND TAKE FINAL ACTION ON BILL DRAFTS.21
(d) THE COMMITTEE SHALL RECEIVE AND APPROVE THE REPORT OF22
THE COMMISSION REQUIRED BY SECTION 2-3-1903 (2).23
2-3-1902. Colorado jail standards commission - creation -24
membership. (1) T
HE COLORADO JAIL STANDARDS COMMISSION IS25
CREATED
AND REFERRED TO IN THIS PART 19 AS THE "COMMISSION".26
T
HE COMMISSION SHALL
RECOMMEND STANDARDS FOR THE SAFE AND27
1063
-5- EFFECTIVE OPERATION OF COLORADO'S COUNTY JAILS, REFERRED TO IN1
THIS PART 19 AS "JAILS". 2
(2) T
HE COMMISSION IS COMPOSED OF THE FOLLOWING3TWENTY-TWO MEMBERS:4
(a) F
IVE SHERIFFS OR SENIOR JAIL ADMINISTRATORS, APPOINTED BY5
THE STATEWIDE ORGANIZATION REPRESENTING COUNTY :6
(I) O
NE FROM A COUNTY IN EACH COUNTY CATEGORY I-IV, AS7
DEFINED BY SECTION 30-2-102; AND8
(II) O
NE FROM EITHER A CATEGORY V OR CATEGORY VI COUNTY,9
AS DEFINED BY SECTION 30-2-102;10
(b) T
WO COUNTY COMMISSIONERS , APPOINTED BY THE STATEWIDE11
ORGANIZATION REPRESENTING COUNTY COMMISSIONERS :12
(I) O
NE FROM EITHER A COUNTY CATEGORY I OR II COUNTY, AS13
DEFINED BY SECTION 30-2-102; AND14
(II) O
NE FROM A CATEGORY III, IV, V, OR VI COUNTY, AS DEFINED15
BY SECTION 30-2-102;16
(c) T
HREE PERSONS WITH LIVED EXPERIENCE OF BEING17
INCARCERATED OR HAVING A FAMILY MEMBER WHO IS OR WAS18
INCARCERATED IN A JAIL, APPOINTED BY A STATEWIDE ORGANIZATION19
ADVOCATING FOR THE RIGHTS OF THE INCARCERATED IN COLORADO;20
(d) O
NE MENTAL HEALTH PROFESSIONAL WITH EXPERIENCE21
WORKING IN A JAIL, APPOINTED BY A STATEWIDE ORGANIZATION22
ADVOCATING FOR MENTAL HEALTH IN COLORADO;23
(e) ONE PERSON REPRESENTING COMPETENCY SERVICES ,24
APPOINTED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN25
SERVICES;26
(f) ONE PERSON REPRESENTING THE BEHAVIORAL HEALTH27
1063
-6- ADMINISTRATION, APPOINTED BY THE COMMISSIONER OF THE BEHAVIORAL1
HEALTH ADMINISTRATION;2
(g) ONE PERSON REPRESENTING POLICE OFFICERS, APPOINTED BY3
THE PRESIDENT OF A STATEWIDE ORGANIZATION REPRESENTING POLICE4
OFFICERS;5
(h) ONE PERSON REPRESENTING A LESBIAN , GAY, BISEXUAL,6
TRANSGENDER, OR QUEER ADVOCACY ORGANIZATION , APPOINTED BY A7
STATEWIDE ORGANIZATION ADVOCATING FOR THE RIGHTS OF THE8
INCARCERATED IN COLORADO;9
(i) ONE PERSON REPRESENTING AN ORGANIZATION ADVOCATING10
FOR THE RIGHTS OF PEOPLE WITH DEVELOPMENTAL DISABILITIES ,11
APPOINTED BY A STATEWIDE ORGANIZATION ADVOCATING FOR THE RIGHTS12
OF THE INCARCERATED IN COLORADO;13
(j) ONE PERSON REPRESENTING AN ORGANIZATION ADVOCATING14
FOR THE RIGHTS OF PEOPLE OF COLOR , APPOINTED BY A STATEWIDE15
ORGANIZATION ADVOCATING FOR THE RIGHTS OF THE INCARCERATED IN16
C
OLORADO;17(k) ONE PERSON REPRESENTING AN ORGANIZATION ADVOCATING18
FOR THE RIGHTS OF PERSONS WITH MENTAL OR PHYSICAL DISABILITIES ,19
APPOINTED BY A STATEWIDE ORGANIZATION ADVOCATING FOR THE RIGHTS20
OF THE INCARCERATED IN COLORADO;21
(l) ONE NON-LAW-ENFORCEMENT PERSON WITH EXPERIENCE22
WORKING IN A JAIL, APPOINTED BY THE EXECUTIVE DIRECTOR OF THE23
DEPARTMENT OF PUBLIC SAFETY ;24
(m) THE STATE PUBLIC DEFENDER OR THE STATE PUBLIC25
DEFENDER'S DESIGNEE;26
(n) ONE PERSON REPRESENTING DISTRICT ATTORNEYS, APPOINTED27
1063
-7- BY THE COLORADO DISTRICT ATTORNEYS ' COUNCIL; AND1
(o) ONE PERSON REPRESENTING THE DEPARTMENT OF PUBLIC2
SAFETY WITH EXPERTISE IN JAIL OPERATIONS , APPOINTED BY THE3
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY .4
5
(3) THE INITIAL COMMISSION MEMBERS MUST BE APPOINTED BY6
J
ULY 1, 2022.7
(4) T
HE FIRST MEETING OF THE COMMISSION MUST BE HELD BY8
JULY 31, 2022. THE COMMISSION SHALL MEET MONTHLY. THE CHAIR OF9
THE COMMITTEE SHALL APPOINT A CHAIR AND VICE-CHAIR FROM AMONG10
THE COMMISSION MEMBERS. THE CHAIR OF THE COMMISSION SHALL SET11
THE MEETING DATES AND TIMES.12
2-3-1903. Commission - duties - report. (1) T HE COMMISSION13
SHALL RECOMMEND STANDARDS IN COMPLIANCE WITH STATE AND14
FEDERAL LAW FOR ALL ASPECTS OF JAIL OPERATIONS AS FOLLOWS :15
(a) R
ECEPTION AND RELEASE, INCLUDING:16
(I) I
DENTIFYING THE ARRESTING, TRANSPORTING, OR COMMITTING17
OFFICER;18
(II) R
ECORDING INMATE INFORMATION IN A BOOKING AND19
IDENTIFICATION RECORD FOR EVERY COMMITMENT ;20
(III) I
DENTIFYING INMATES DURING RECEPTION BY PHOTOGRAPH ,21
IDENTIFICATION BRACELET, OR OTHER MEANS;22
(IV) P
ROVIDING ACCESS TO TELEPHONES AFTER THE RECEPTION23
PROCESS;24
(V) S
EARCHING, CONFISCATING, INVENTORYING, AND SECURING25
OF UNAUTHORIZED ITEMS;26
(VI) C
ONFISCATION, COUNTING, AND SECURING OF MONEY OR ANY27
1063
-8- FORM OF CURRENCY;1
(VII) S
ECURING THE INMATE'S SIGNATURE AND REQUIREMENTS2
FOR WITNESS SIGNATURES ON A COMPLETED INVENTORY OF ITEMS AND3
MONEY CONFISCATED;4
(VIII) S
TRIP SEARCHES AND BODY CAVITY SEARCHES CONSISTENT5
WITH COLORADO LAW;6
(IX) D
ETERMINING WHEN AN INMATE SHOULD RECEIVE A SHOWER ;7
(X) P
ROVIDING INMATES WITH CLEAN UNIFORM CLOTHING OR8
STANDARDS FOR WEARING PERSONAL CLOTHING ;9
(XI) T
HE AMOUNT OF TIME INMATES ARE CONFINED IN THE10
RECEPTION AREA;11
(XII) T
HE POSSESSION OF MONEY BY INMATES , INCLUDING12
PROVISIONS TO PREVENT INMATE GAMBLING , THEFT, AND EXTORTION;13
(XIII) P
ROVIDING INMATES WITH A LIST OF GENERALLY14
APPLICABLE INMATE RULES;15
(XIV) A
SSISTING INMATES IN UNDERSTANDING THESE RULES IF16
THERE ARE LITERACY OR LANGUAGE OBSTACLES ;17
(XV) O
BTAINING SIGNED ACKNOWLEDGMENT FROM INMATES OF18
RECEIPT AND UNDERSTANDING OF RULES ;19
(XVI) E
NSURING THE SAFETY OF MALE, FEMALE, AND NONBINARY20
INMATES DURING RECEPTION;21
(XVII) V
ERIFYING INMATES' IDENTIFICATION AND RELEASE22
DOCUMENTATION;23
(XVIII) D
OCUMENTING AN INMATE 'S RELEASE TO ANOTHER24
AGENCY;25
(XIX) O
BTAINING A RECEIPT FROM THE INMATE OR THE RECEIVING26
OFFICER, AS APPROPRIATE, FOR ALL PROPERTY RETURNED AT THE TIME OF27
1063
-9- RELEASE OR TRANSFER;1
(XX) C
ONFINING JUVENILES WHEN PERMITTED BY COURT ORDER2
PURSUANT TO SECTION 19-2.5-305;3
(XXI) S
CREENING AND ASSESSMENT FOR PHYSICAL DISABILITIES ,4
MENTAL OR BEHAVIORAL HEALTH DISORDERS , TRAUMATIC BRAIN INJURIES,5
OR DEVELOPMENTAL DISABILITIES;6
(XXII) P
ROVIDING ACCOMMODATIONS FOR PEOPLE WITH7
DISABILITIES AS REQUIRED BY ALL APPLICABLE STATE AND FEDERAL LAW ;8
AND9
(XXIII) C
ONSIDERING AGE AS A FACTOR IN THE CLASSIFICATION10
OF INMATES;11
(b) C
LASSIFICATION OF INMATES, INCLUDING:12
(I) A
WRITTEN INMATE CLASSIFICATION SYSTEM THAT SPECIFIES13
THE CRITERIA AND PROCEDURES FOR DETERMINING AND CHANGING THE14
CLASSIFICATION OF INMATES TO DETERMINE THE LEVEL OF CUSTODY15
REQUIRED, SPECIAL NEEDS, HOUSING ASSIGNMENT, AND PARTICIPATION IN16
PROGRAMMING;17
(II) H
OUSING MALE, FEMALE, AND NONBINARY INMATES18
SEPARATELY BY SIGHT AND TOUCH , AND OUT OF RANGE OF NORMAL19
CONVERSATION WITH EACH OTHER ;20
(III) S
UPERVISING MALE, FEMALE, AND NONBINARY INMATES21
WHEN PLACED TOGETHER FOR PROGRAMMING , TRANSPORTATION, OR22
OTHER SIMILAR ACTIVITIES;23
(IV) H
OUSING VIOLENT AND NONVIOLENT INMATES SEPARATELY ;24
(V) S
UPERVISING VIOLENT AND NONVIOLENT INMATES WHEN25
PLACED TOGETHER FOR PROGRAMMING , TRANSPORTATION, OR OTHER26
SIMILAR ACTIVITIES;27
1063
-10- (VI) HOUSING JUVENILE AND ADULT INMATES SEPARATELY ;1
(VII) S
UPERVISING JUVENILE AND ADULT INMATES WHEN PLACED2
TOGETHER FOR PROGRAMMING , DINING, TRANSPORTATION, OR OTHER3
SIMILAR ACTIVITIES;4
(VIII) E
NSURING JUVENILE INMATES HAVE ACCESS TO5
LARGE-MUSCLE EXERCISE, EDUCATION, WORK OPPORTUNITIES, AND OTHER6
DEVELOPMENTALLY APPROPRIATE PROGRAMMING ;7
(IX) E
VALUATING AND SELECTING INMATES FOR WORK WHILE8
INCARCERATED;9
(X) H
OUSING INMATES PARTICIPATING IN WORK OR EDUCATIONAL10
RELEASE PROGRAMS SEPARATELY FROM THE GENERAL POPULATION ; AND11
(XI) E
STABLISHING THE ACCEPTABLE PERSONAL AND HYGIENE12
ITEMS PROVIDED TO INMATES IN THE GENERAL POPULATION ;13
(c) S
ECURITY, INCLUDING:14
(I) E
STABLISHING A SECURITY PERIMETER;15
(II) E
STABLISHING A SECURE BOOKING AND RELEASE AREA ;16
(III) I
F INSTALLED, ENSURING CLOSED-CIRCUIT TELEVISIONS ARE17
OPERATIONAL AND PRECLUDE THE MONITORING OF SHOWER , TOILET, AND18
CLOTHING EXCHANGE AREAS ;19
(IV) T
WO-WAY COMMUNICATIONS BETWEEN CENTRAL CONTROL ,20
STAFFED POSTS, AND INMATE-OCCUPIED AREAS;21
(V) H
AVING EQUIPMENT NECESSARY TO MAINTAIN UTILITIES ,22
COMMUNICATIONS, SECURITY, LIFE-SAVING DEVICES, AND FIRE23
PROTECTION IN AN EMERGENCY AND SCHEDULES TO TEST , REPAIR, AND24
REPLACE EQUIPMENT IN A TIMELY MANNER ;25
(VI) P
ROCEDURES GOVERNING AVAILABILITY , CONTROL26
INVENTORY, STORAGE, AND USE OF FIREARMS , LESS-THAN-LETHAL27
1063
-11- DEVICES, AND RELATED SECURITY DEVICES AND SPECIFYING THE LEVEL OF1
AUTHORITY REQUIRED FOR THEIR ACCESS AND USE ;2
(VII) U
SE OF AND AUTHORIZATION FOR CHEMICAL AGENTS AND3
ELECTRICAL DISABLERS;4
(VIII) R
ESTRICTIONS FOR ACCESS TO STORAGE AREAS ;5
(IX) S
EPARATING STORAGE SPACE FROM INMATE HOUSING OR6
ACTIVITY AREAS;7
(X) E
NSURING THE SAFETY OF MALE, FEMALE, AND NONBINARY8
INMATES DURING RECEPTION;9
(XI) I
NMATE SEARCHES WHEN INMATES ENTER OR LEAVE THE10
JAIL'S SECURITY PERIMETER TO CONTROL CONTRABAND ;11
(XII) P
ROCEDURES AND PRACTICES GOVERNING STRIP AND BODY12
CAVITY SEARCHES;13
(XIII) E
MERGENCY PLANS , INCLUDING TRAINING FOR JAIL14
PERSONNEL IN THE IMPLEMENTATION OF EMERGENCY PLANS , AND15
PROCEDURES TO BE FOLLOWED IN SITUATIONS THAT THREATEN JAIL16
SECURITY;17
(XIV) L
OGGING ROUTINE INFORMATION, EMERGENCY SITUATIONS,18
AND UNUSUAL INCIDENTS;19
(XV) C
OUNTING TO VERIFY EACH INMATE 'S PHYSICAL PRESENCE20
AND IDENTIFICATION, INCLUDING THE NUMBER OF OFFICIAL DAILY COUNTS,21
RECONCILIATION OF JAIL COUNTS, AND RECORDING OF JAIL COUNTS;22
(XVI) P
ERSONAL OBSERVATION CHECKS OF INMATES , INCLUDING23
REGULAR AND VARIABLE TIMING OF SUCH CHECKS AND DOCUMENTATION24
OF SUCH CHECKS;25
(XVII) P
OLICIES FOR ADDRESSING THE MANAGEMENT OF INMATES26
WITH SPECIALIZED PHYSICAL AND MENTAL OR BEHAVIORAL HEALTH27
1063
-12- NEEDS;1
(XVIII) U
SE OF PHYSICAL AND MECHANICAL RESTRAINTS ,2
INCLUDING AUTHORIZING USE OF PHYSICAL RESTRAINTS AND MONITORING3
AND RECORDING THE CHECKS OF INMATES IN RESTRAINTS ;4
(XIX) D
EFINING JUSTIFIABLE SELF-DEFENSE, PREVENTING5
SELF-INFLICTED HARM, PROTECTION OF OTHERS , RIOT PREVENTION,6
DISCHARGE OF A FIREARM OR OTHER WEAPON , ESCAPE OR OTHER CRIME,7
AND CONTROLLING OR SUBDUING AN INMATE WHO REFUSES TO OBEY A8
STAFF COMMAND OR ORDER ;9
(XX) D
EFINING DE-ESCALATION STRATEGIES AND THE LIMITS OF10
THE AMOUNT OF FORCE NECESSARY TO CONTROL A GIVEN SITUATION , AND11
SPECIFYING THAT IN NO CIRCUMSTANCE IS PHYSICAL FORCE TO BE USED AS12
PUNISHMENT;13
(XXI) S
PECIFYING THAT AN EXAMINATION , TREATMENT, AND14
PHOTOGRAPHIC DOCUMENTATION BY QUALIFIED HEALTH -CARE PERSONNEL15
IS PROVIDED TO INMATES OR STAFF INVOLVED IN A USE OF FORCE INCIDENT16
WHEN THERE IS OBVIOUS PHYSICAL INJURY OR THERE IS A COMPLAINT OF17
INJURY OR REQUEST FOR MEDICAL ATTENTION ;18
(XXII) S
PECIFYING WHEN AND HOW AN INCIDENT WILL BE19
RECORDED AND REVIEWED BY THE JAIL ADMINISTRATOR OR DESIGNEE ;20
(XXIII) S
EARCHES OF JAILS AND INMATES TO CONTROL21
CONTRABAND;22
(XXIV) T
IMING FOR INSPECTING INMATE-ACCESSIBLE AREAS;23
(XXV) T
IMING FOR A SECURITY INSPECTION OF THE JAIL;24
(XXVI) N
OTIFYING THE JAIL ADMINISTRATOR OR DESIGNEE OF25
ANY DISCOVERED CONTRABAND OR PHYSICAL SECURITY DEFICIENCIES ;26
(XXVII) D
OCUMENTING THE DISPOSITION OF CONTRABAND AND27
1063
-13- THE REMEDIATION OF PHYSICAL SECURITY DEFICIENCIES ;1
(XXVIII) C
ONTROLLING INMATE MOVEMENT FROM ONE AREA TO2
ANOTHER;3
(XXIX) S
TAFF SUPERVISION AND SEARCHES OF AN INMATE4
PERFORMING WORK;5
(XXX) E
NSURING AN INMATE IS NOT GIVEN CONTROL OF OR6
AUTHORITY OVER ANY OTHER INMATE , SECURITY FUNCTION, OR SERVICE7
ACTIVITY;8
(XXXI) R
EQUIRING SAME-GENDER AND CROSS -GENDER9
SUPERVISION GUIDELINES;10
(XXXII) C
ONTROLLING AND INVENTORYING KEYS , TOOLS, AND11
CULINARY EQUIPMENT;12
(XXXIII) E
NSURING TOXIC, CORROSIVE, AND FLAMMABLE13
SUBSTANCES AND TOOLS ARE SECURED , USED ONLY BY AUTHORIZED14
PERSONS, USED BY INMATES ONLY UNDER DIRECT SUPERVISION , AND USED15
ONLY IN ACCORDANCE WITH THE MANUFACTURER 'S INSTRUCTIONS; AND16
(XXXIV) R
EQUIREMENTS THAT EACH JAIL HAVE POLICIES17
GOVERNING STAFF DISCIPLINE , INCLUDING COMPLAINTS AGAINST18
OFFICERS, THAT ARE AVAILABLE FOR PUBLIC INSPECTION ;19
(d) H
OUSING, INCLUDING:20
(I) S
UFFICIENT SPACE STANDARDS REGARDING SQUARE FOOTAGE21
AND MAXIMUM OCCUPANCY FIGURES FOR ALL HOUSING AND HOLDING22
AREAS, INCLUDING HOLDING CELLS, HOUSING CELLS, DORMITORIES, DAY23
ROOMS, AND EATING AREAS;24
(II) S
UFFICIENT SEATING FOR ALL HOLDING AREAS , HOLDING25
CELLS, HOUSING CELLS, DORMITORIES, DAY ROOMS, AND EATING AREAS26
FOR EACH INMATE;27
1063
-14- (III) AIR CIRCULATION FOR HOUSING CELLS;1
(IV) T
EMPERATURE STANDARDS AND MECHANICAL CONTROLS FOR2
ACCEPTABLE COMFORT LEVELS ;3
(V) A
CCESS TO SANITATION FACILITIES WITHOUT STAFF4
ASSISTANCE;5
(VI) A
MINIMUM NUMBER OF TOILET FACILITIES , SHOWER6
FACILITIES, AND WASH BASINS FOR A SPECIFIED NUMBER OF OCCUPANTS ;7
(VII) W
ATER TEMPERATURE STANDARDS AND CONTROLS ;8
(VIII) M
AXIMUM NOISE LEVELS MEASURED IN DECIBELS AND9
STANDARDS FOR MEASUREMENTS TO ENSURE COMPLIANCE ;10
(IX) N
ATURAL LIGHT PROVIDED IN HOUSING UNITS, DORMS, CELLS,11
AND DAY SPACES; AND12
(X) S
TANDARDS FOR SUSPENDING AND REINSTATING INMATE13
ACCESS TO CLOTHING , BEDS, BEDDING, TOILETS, LAVATORIES, AND14
SHOWERS BY THE JAIL ADMINISTRATOR OR DESIGNEE ;15
(e) S
ANITATION AND ENVIRONMENTAL CONDITIONS , INCLUDING:16
(I) P
ROVIDING INMATES WITH HYGIENE ITEMS AT INTAKE AND17
REPLACEMENT ITEMS TO INDIGENT INMATES ;18
(II) S
AFETY AND SANITARY STANDARDS FOR ALL AREAS OF THE19
JAIL, INCLUDING FOOD SERVICE AND LAUNDRY AREAS ;20
(III) D
EFINING STAFF AND INMATE HOUSEKEEPING21
RESPONSIBILITIES, INCLUDING DAILY CLEANING OF TOILETS , URINALS,22
SINKS, DRINKING FACILITIES, AND SHOWERS IN AREAS OCCUPIED BY23
INMATES, AND DISPOSAL OF GARBAGE;24
(IV) T
IMING AND PROCESSES FOR INSPECTING FOR SANITATION25
AND VERMIN;26
(V) M
AINTENANCE AND REPAIRS;27
1063
-15- (VI) INSPECTIONS BY LOCAL OR STATE HEALTH AUTHORITIES ;1
(VII) N
IGHTTIME LIGHTING OF GROUNDS , WALKWAYS ,2
DRIVEWAYS, AND PARKING AREAS;3
(VIII) I
NTERIOR LIGHTING STANDARDS ;4
(IX) B
EDDING AND MATTRESS STANDARDS , INCLUDING THAT THE5
BEDDING AND MATTRESS ARE IN GOOD REPAIR AND CLEANED PRIOR TO6
BEING REISSUED;7
(X) T
IMING AND DOCUMENTATION FOR THE EXCHANGE AND8
LAUNDERING OF BED LINENS , BLANKETS, TOWELS, CLOTHING, AND9
UNDERGARMENTS;10
(XI) T
IMING TO CLEAN MATTRESSES;11
(XII) A
REQUIREMENT THAT WHEN SOILED , BEDDING,12
MATTRESSES, TOWELS, AND CLOTHING BE EXCHANGED OR CLEANED ;13
(XIII) I
NMATE HAIRCUTS;14
(XIV) S
HAVING EQUIPMENT AND SUPPLIES AND DOCUMENTING15
ISSUANCE AND RETRIEVAL OF SHAVING EQUIPMENT ; AND16
(XV) T
IMING OF INSPECTION BY A CERTIFIED LOCAL OR STATE FIRE17
SAFETY INSPECTOR APPLYING THE APPLICABLE JURISDICTIONAL AND STATE18
FIRE CODE, REQUIREMENTS FOR A WRITTEN FIRE SAFETY PLAN APPROVED19
BY LOCAL FIRE OFFICIALS THAT IS REVIEWED ANNUALLY AND UPDATED AS20
NEEDED, REQUIREMENTS FOR TRAINING IN JAIL FIRE SAFETY EQUIPMENT ,21
REQUIREMENTS FOR FIRE DRILLS, REQUIREMENTS FOR JAIL FURNISHINGS TO22
MEET FIRE SAFETY PERFORMANCE STANDARDS , AND REQUIREMENTS FOR23
JAIL EXITS TO BE CLEAR AND THAT EVACUATION ROUTES BE POSTED OR24
CLEARLY MARKED THROUGHOUT THE JAIL ;25
(f) C
OMMUNICATION, INCLUDING:26
(I) D
ELIVERING INCOMING OR OUTGOING MAIL OR27
1063
-16- CORRESPONDENCE VIA THE POSTAL SERVICE ;1
(II) O
PENING AND INSPECTING INCOMING INMATE MAIL ,2
CORRESPONDENCE, AND PACKAGES TO INTERCEPT NONPERMITTED ITEMS ;3
(III) O
PENING AND INSPECTING OUTGOING MAIL ;4
(IV) D
OCUMENTING PROCEDURES FOR THE APPROPRIATE5
DISPOSITION OF INTERCEPTED ITEMS;6
(V) P
ERMITTING LEGAL MAIL OR CORRESPONDENCE TO BE OPENED7
AND INSPECTED IN THE PRESENCE OF THE INMATE TO INTERCEPT8
CONTRABAND;9
(VI) C
IRCUMSTANCES IN WHICH MAIL , CORRESPONDENCE, AND10
PACKAGES ARE WITHHELD OR REJECTED , INCLUDING NOTIFICATION TO THE11
INMATE;12
(VII) W
RITING MATERIALS, ENVELOPES, AND POSTAGE FOR13
INDIGENT INMATES;14
(VIII) I
NMATE E-MAIL SERVICE;15
(IX) I
NMATE TELEPHONE SERVICE ; AND16
(X) A
CCESS TO LEGAL
COUNSEL;17
(g) V
ISITATION, INCLUDING:18
(I) A
SECURE VISITING AREA, INCLUDING STANDARDS FOR19
PHYSICALLY SEPARATING THE INMATE AND VISITOR AND CAPABILITIES FOR20
TWO-WAY CONVERSATIONS AND NONOBSCURED VISITS OR VIDEO VISITS ;21
(II) S
EATING IN THE VISITATION AREA;22
(III) I
DENTIFICATION REQUIREMENTS FOR VISITORS ;23
(IV) R
EGISTRY REQUIREMENTS FOR VISITORS ;24
(V) G
ENERAL VISITATION HOURS;25
(VI) V
IDEO VISITATIONS HOURS;26
(VII) V
ISITOR SECURITY PROTOCOLS TO PREVENT CONTRABAND27
1063
-17- FROM ENTERING THE JAIL;1
(VIII) V
ISIT RESTRICTIONS BASED ON THREATS TO SAFETY OR2
SECURITY;3
(IX) M
ONITORING AND RECORDING
VISITS, PHONE CALLS, AND4
ELECTRONIC COMMUNICATIONS ; AND5
(X) P
ROFESSIONAL VISITS BY LEGAL COUNSEL
OR CLERGY,6
INCLUDING MEASURES TO PROTECT CONFIDENTIALITY ;7
(h) H
EALTH CARE, MENTAL AND BEHAVIORAL HEALTH CARE , AND8
DENTAL CARE, INCLUDING:9
(I) A
LL LEVELS OF HEALTH CARE , MENTAL AND BEHAVIORAL10
HEALTH CARE, AND DENTAL CARE THAT ASSURE QUALITY , ACCESSIBILITY,11
AND TIMELY SERVICES FOR INMATES ;12
(II) A
RRANGING CARE FROM AN APPROPRIATE OUTSIDE PROVIDER13
WHEN CARE IS NOT AVAILABLE AT THE JAIL;14
(III) R
EQUIRING THAT MEDICAL , MENTAL, AND BEHAVIORAL15
HEALTH DECISIONS AND ACTIONS ARE MADE ONLY BY QUALIFIED16
HEALTH-CARE AND MENTAL AND BEHAVIORAL HEALTH -CARE17
PROFESSIONALS;18
(IV) R
EQUIRING THAT AN INMATE IS NOT DENIED NECESSARY19
CARE;20
(V) R
EQUIRING THAT ALL EXAMINATIONS , TREATMENTS, AND21
PROCEDURES ARE GOVERNED BY INFORMED CONSENT PRACTICES22
APPLICABLE IN THE JAIL'S JURISDICTION;23
(VI) R
EQUIRING THAT THE JAIL ASSESS THE HEALTH OF EACH24
INMATE AT INTAKE AND ON AN ONGOING BASIS AND CREATE A PLAN TO25
PROVIDE CONTINUITY OF CARE FOR INMATES WHO ARE BEING TREATED FOR26
A HEALTH CONDITION;27
1063
-18- (VII) PROVIDING EMERGENCY CARE , SICK CHECKS, AND PHYSICAL1
HEALTH CARE, MENTAL AND BEHAVIORAL HEALTH CARE , AND DENTAL2
CARE THAT ENSURES NEEDS ARE :3
(A) A
DDRESSED IN A TIMELY MANNER ;4
(B) R
ECORDED AND MAINTAINED ON FILE ; AND5
(C) R
EVIEWED BY QUALIFIED HEALTH -CARE PERSONNEL WITH6
TREATMENT OR FOLLOW -UP PROVIDED;7
(VIII) D
ISPENSING AND ADMINISTERING PRESCRIBED8
MEDICATIONS, INCLUDING:9
(A) R
EQUIRING THAT HEALTH -TRAINED PERSONNEL OR10
PROFESSIONALLY TRAINED PERSONNEL DISPENSE AND ADMINISTER11
MEDICATIONS;12
(B) R
EQUIRING ADEQUATE MANAGEMENT OF CONTROLLED13
MEDICATIONS;14
(C) P
ROVIDING MEDICATION TO INMATES IN SPECIAL15
MANAGEMENT UNITS;16
(D) R
EQUIRING THE APPLICABLE INFORMED CONSENT PRACTICES17
IN THE JAIL'S JURISDICTION BE FOLLOWED; AND18
(E) D
EVELOPING A STANDARDIZED FORMULARY AND A PROCESS19
FOR ACCESSING MEDICATIONS NOT LISTED WHEN MEDICALLY NECESSARY ;20
(IX) R
EDUCING SUICIDE BY IDENTIFYING AT-RISK INMATES AND21
TRAINING STAFF MEMBERS ON HOW TO RECOGNIZE VERBAL AND22
BEHAVIORAL CUES THAT INDICATE POTENTIAL SUICIDE AND HOW TO23
RESPOND APPROPRIATELY;24
(X) P
ROVIDING INFECTIOUS DISEASE CONTROL ;25
(XI) P
ROVIDING CARE FOR PREGNANT INMATES ; AND26
(XII) A
SSESSING AND REPORTING INMATE DEATHS ;27
1063
-19- (i) FOOD SERVICE, INCLUDING:1
(I) N
UTRITIONAL STANDARDS;2
(II) T
IMING AND FREQUENCY OF MEALS ;3
(III) S
PECIAL DIETS; AND4
(IV) S
AFE STORAGE AND PREPARATION OF FOOD ;5
(j) R
ECREATION AND PROGRAMMING , INCLUDING:6
(I) R
EGULAR ACCESS TO EXERCISE AND EQUIPMENT FOR INMATES ;7
(II) T
ELEVISION VIEWING AND TABLE GAMES ;8
(III) R
EADING MATERIALS;9
(IV) T
REATMENT FOR ALCOHOL AND DRUG ABUSE ;10
(V) A
CADEMIC TRAINING;11
(VI) P
SYCHOLOGICAL AND SOCIAL SERVICES AND OTHER12
COMMUNITY SERVICES; AND13
(VII) R
ELIGIOUS PRACTICE;14
(k) I
NMATE DISCIPLINARY PROCESSES, INCLUDING:15
(I) S
TANDARDS FOR RESTRICTIVE HOUSING ;16
(II) P
ROHIBITED ACTS OR CONDUCT , DEGREES OF VIOLATIONS,17
RANGES OF PENALTIES, AND DISCIPLINARY HEARING PROCEDURES ;18
(III) A
SANCTION SCHEDULE FOR RULE VIOLATIONS ;19
(IV) E
STABLISHING FUNDAMENTAL RIGHTS FOR INMATES THAT20
CANNOT BE SUSPENDED EXCEPT IN AN EMERGENCY OR OTHER CONDITION21
BEYOND THE CONTROL OF THE JAIL ADMINISTRATOR ;22
(V) B
ANNING THE USE OF CORPORAL PUNISHMENT , DISCIPLINE23
ADMINISTERED BY INMATES, AND WITHHOLDING FOOD FROM INMATES ;24
(VI) C
IRCUMSTANCES UNDER WHICH A DISCIPLINARY HEARING IS25
CONDUCTED;26
(VII) P
RE-DISCIPLINARY HEARING REQUIREMENTS ;27
1063
-20- (VIII) ESTABLISHING A MINIMUM PERIOD AFTER RECEIVING1
WRITTEN NOTIFICATION OF A RULE VIOLATION TO ALLOW AN INMATE TO2
PREPARE FOR THE DISCIPLINARY HEARING ;3
(IX) D
ISCIPLINARY HEARING REQUIREMENTS THAT INCLUDE4
ENSURING DUE PROCESS PROTECTIONS ARE AFFORDED ; AND5
(X) T
HE OPPORTUNITY TO APPEAL DISCIPLINARY ACTIONS TO THE6
JAIL ADMINISTRATOR OR DESIGNEE;7
(l) R
ESTRICTIVE HOUSING, INCLUDING:8
(I) W
RITTEN POLICIES AND PROCEDURES GOVERNING THE9
RESTRICTIVE HOUSING OF INMATES FROM THE GENERAL POPULATION ;10
(II) B
ANNING THE USE OF RESTRICTIVE HOUSING AS A PENALTY ;11
(III) C
IRCUMSTANCES WHEN RESTRICTIVE HOUSING MAY BE USED12
TO SEPARATE AN INMATE FROM THE GENERAL POPULATION ;13
(IV) W
RITTEN NOTIFICATIONS OF RESTRICTIVE HOUSING TO THE14
INMATE; AND15
(V) T
IMING FOR REVIEW OF RESTRICTIVE HOUSING ;16
(m) I
NMATE GRIEVANCES, INCLUDING:17
(I) E
STABLISHING A WRITTEN GRIEVANCE PROCEDURE FOR18
INMATES WITH AT LEAST ONE LEVEL OF APPEAL ; AND19
(II) P
ROHIBITING RETALIATION BY STAFF BASED ON AN INMATE20
GRIEVANCE;21
(n) J
AIL STAFFING, INCLUDING:22
(I) Q
UALIFICATIONS FOR STAFF TO SUPERVISE AND CONTROL23
INMATES;24
(II) P
RE-EMPLOYMENT BACKGROUND CHECKS ;25
(III) S
TANDARDIZED PERFORMANCE REVIEWS ;26
(IV) S
TAFFING PLANS;27
1063
-21- (V) POSTS AND FUNCTIONS;1
(VI) G
ENDER OF STAFF;2
(VII) R
EVIEW OF STAFFING PLANS;3
(VIII) R
EQUIRING REVIEW OF THE STAFFING PLANS AT LEAST ONCE4
A YEAR BY THE JAIL ADMINISTRATOR AND REVISED AS NEEDED ;5
(IX) V
OLUNTEER POLICIES;6
(X) C
ODE OF ETHICS; AND7
(XI) S
TAFF TRAINING STANDARDS FOR ALL LEVELS OF EMPLOYEES ;8
AND9
(o) I
NMATE PREROGATIVES REGARDING :10
(I) E
XPRESSION AND COMMUNICATION ;11
(II) R
ELIGIOUS PRACTICE;12
(III) A
CCESS TO THE COURTS;13
(IV) A
CCESS TO LEGAL COUNSEL, INCLUDING THE ABILITY FOR14
LEGAL COUNSEL TO CONTACT A CLIENT BY SCHEDULING A TELEPHONE OR15
VIDEO MEETING;16
(V) A
CCESS TO LEGAL MATERIALS AND DISABILITY RIGHTS ;17
(VI) A
CCESS TO THE MEDIA;18
(VII) S
TANDARDS FOR WHEN ACCESS TO EDUCATION IS19
APPROPRIATE; AND20
(VIII) D
ISCIPLINARY ACTION AND USE OF FORCE.21
(2) THE COMMISSION SHALL COMPLETE A REPORT THAT INCLUDES22
ITS RECOMMENDATIONS REGARDING THE FEASABILITY OF JAILS OF23
VARIOUS SIZES AND THEIR ABILITY TO IMPLEMENT THE24
RECOMMENDATIONS AND PRESENT IT TO THE COMMITTEE FOR APPROVAL25
BY NOVEMBER 15, 2023. THE DIRECTOR OF RESEARCH OF THE26
LEGISLATIVE COUNCIL SHALL SUPPLY STAFF ASSISTANCE TO THE27
1063
-22- COMMISSION, INCLUDING ASSISTING WITH COMPLETING THE REPORT. THE1
DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL SHALL NOT SUPPLY2
STAFF ASSISTANCE TO ANY SUBCOMMITTEES CREATED BY THE3
COMMISSION. 4
2-3-1904. Repeal of part. T HIS PART 19 IS REPEALED, EFFECTIVE5
JULY 1, 2024.6
7
SECTION 2. In Session Laws of Colorado 2021, amend section8
4 of chapter 322 as follows:9
Section 4. Effective date. This act takes effect upon passage;10
except that section 1 of this act takes effect on July 1, 2022 JULY 1, 2023,11
and section 2 of this act takes effect on January 1, 2022.12
SECTION 3. Appropriation. For the 2022-23 state fiscal year,13
$96,039 is appropriated to the legislative department. This appropriation14
is from the general fund. To implement this act, the department may use15
this appropriation as follows:16
(a) $90,379 for use by the legislative council, which amount is17
based on an assumption that the council will require an additional 0.918
FTE; and19
(b) $5,660 for use by the general assembly.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
1063
-23-