HOUSE BILL 23-1100
BY REPRESENTATIVE(S) Ricks and Garcia, Mabrey, Amabile, Bacon,
Boesenecker, Brown, Daugherty, English, Epps, Froelich,
Gonzales-Gutierrez, Herod, Jodeh, Joseph, Kipp, Lindsay, Lindstedt,
McCormick, Ortiz, Sharbini, Sirota, Titone, Velasco, Vigil, Weissman,
Willford, Woodrow;
also SENATOR(S) Jaquez Lewis and Gonzales, Coleman, Cutter, Exum,
Fields, Hinrichsen, Marchman, Moreno, Winter F.
C
ONCERNING RESTRICTIONS ON GOVERNMENTAL PARTICIPATION IN CIVIL
IMMIGRATION DETENTION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
hereby finds and declares that:
(a) The management and operation of detention facilities for
immigrants involves functions that require unique training due to its civil
nature, the diverse languages and backgrounds of the population, and the
significant vulnerabilities of asylum seekers and others fleeing persecution;
(b) Detention requires the exercise of coercive police powers over
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. individuals that should not be delegated to the private sector and that is
distinguishable from privatization in other areas of government;
(c) It is an inappropriate exercise of a state's police powers to detain
individuals for federal immigration purposes given its implication on
foreign relations; and
(d) Issues of liability, accountability, and cost warrant a prohibition
of the ownership, operation, or management of detention facilities by
private contractors within the state and a phasing out of state and local
officials' involvement in civil immigration detention to the fullest extent
permitted under state law.
(2) The general assembly further finds and declares that it is
necessary to adopt this act to prohibit state and local governments from
contracting for the management or operation of immigration detention and
from facilitating the operation of immigration detention facilities in the state
by private entities.
SECTION 2. In Colorado Revised Statutes, add article 76.7 to title
24 as follows:
ARTICLE 76.7
Prohibit State And Local Government
Involvement In Immigration Detention
24-76.7-101. Definitions. A
S USED IN THIS ARTICLE 76.7, UNLESS
THE CONTEXT OTHERWISE REQUIRES
:
(1) "G
OVERNMENTAL ENTITY " MEANS THE STATE, ANY UNIT OF
LOCAL GOVERNMENT
, A COUNTY SHERIFF, OR ANY AGENCY, OFFICER,
EMPLOYEE, OR AGENT THEREOF.
(2) "I
MMIGRATION DETENTION AGREEMENT " MEANS ANY CONTRACT,
INCLUDING BUT NOT LIMITED TO AN INTERGOVERNMENTAL SERVICE
AGREEMENT
, OR PORTION THEREOF FOR PAYMENT TO A GOVERNMENTAL
ENTITY TO DETAIN INDIVIDUALS FOR FEDERAL CIVIL IMMIGRATION PURPOSES
.
F
OR A CONTRACT OR INTERGOVERNMENTAL SERVICE AGREEMENT THAT IS
ONLY IN PART FOR THE DETENTION OF INDIVIDUALS FOR FEDERAL
IMMIGRATION OFFICIALS
, THIS TERM ONLY APPLIES TO THE CIVIL
IMMIGRATION DETENTION PORTION OF THE CONTRACT
.
PAGE 2-HOUSE BILL 23-1100 (3) "IMMIGRATION DETENTION FACILITY " MEANS ANY BUILDING,
FACILITY, OR STRUCTURE USED, IN WHOLE OR IN PART, TO HOUSE OR DETAIN
INDIVIDUALS FOR FEDERAL IMMIGRATION OFFICIALS
.
24-76.7-102. Governmental entities - agreements with privately
owned immigration detention facilities - prohibition. (1) B
EGINNING ON
JANUARY 1, 2024, A GOVERNMENTAL ENTITY SHALL NOT :
(a) E
NTER INTO AN AGREEMENT OF ANY KIND FOR THE DETENTION OF
INDIVIDUALS IN AN IMMIGRATION DETENTION FACILITY THAT IS OWNED
,
MANAGED, OR OPERATED, IN WHOLE OR IN PART, BY A PRIVATE ENTITY;
(b) S
ELL ANY PUBLIC OR GOVERNMENT -OWNED PROPERTY OR
BUILDING FOR THE PURPOSE OF ESTABLISHING AN IMMIGRATION DETENTION
FACILITY THAT IS OR WILL BE OWNED
, MANAGED, OR OPERATED, IN WHOLE
OR IN PART
, BY A PRIVATE ENTITY;
(c) P
AY, REIMBURSE, SUBSIDIZE, OR DEFRAY IN ANY WAY ANY COSTS
RELATED TO THE SALE
, PURCHASE, CONSTRUCTION, DEVELOPMENT,
OWNERSHIP, MANAGEMENT, OR OPERATION OF AN IMMIGRATION DETENTION
FACILITY THAT IS OR WILL BE OWNED
, MANAGED, OR OPERATED, IN WHOLE
OR IN PART
, BY A PRIVATE ENTITY;
(d) R
ECEIVE PER DIEM, PER DETAINEE, OR ANY OTHER PAYMENT
RELATED TO THE DETENTION OF INDIVIDUALS IN AN IMMIGRATION
DETENTION FACILITY THAT IS OWNED
, MANAGED, OR OPERATED, IN WHOLE
OR IN PART
, BY A PRIVATE ENTITY; OR
(e) OTHERWISE GIVE ANY FINANCIAL INCENTIVE OR BENEFIT TO ANY
PRIVATE ENTITY OR PERSON IN CONNECTION WITH THE SALE
, PURCHASE,
CONSTRUCTION, DEVELOPMENT, OWNERSHIP, MANAGEMENT, OR OPERATION
OF AN IMMIGRATION DETENTION FACILITY THAT IS OR WILL BE OWNED
,
MANAGED, OR OPERATED, IN WHOLE OR IN PART, BY A PRIVATE ENTITY.
(2) N
OTHING IN THIS ARTICLE 76.7 SHALL BE CONSTRUED TO
PROHIBIT A GOVERNMENTAL ENTITY FROM PROVIDING HEALTH AND SAFETY
RESOURCES TO INDIVIDUALS WHO ARE BEING DETAINED FOR IMMIGRATION
PURPOSES
.
(3) N
OTHING IN THIS ARTICLE 76.7 SHALL BE CONSTRUED TO
PAGE 3-HOUSE BILL 23-1100 PROHIBIT ANY UNIT OF LOCAL GOVERNMENT FROM CONTRACTING FOR
HEALTH
, UTILITY, AND SANITATION SERVICES TO IMMIGRATION DETENTION
FACILITIES
.
24-76.7-103. Governmental entities - eliminate involvement in
immigration detention. (1) B
EGINNING ON JANUARY 1, 2024, A
GOVERNMENTAL ENTITY SHALL NOT ENTER INTO OR RENEW AN IMMIGRATION
DETENTION AGREEMENT
.
(2) A
GOVERNMENTAL ENTITY WITH AN EXISTING IMMIGRATION
DETENTION AGREEMENT ON
JANUARY 1, 2024, SHALL EXERCISE ANY
TERMINATION PROVISION CONTAINED IN THE AGREEMENT NO LATER THAN
JANUARY 1, 2024. IF AN EXISTING IMMIGRATION DETENTION AGREEMENT
DOES NOT CONTAIN A TERMINATION PROVISION THAT THE GOVERNMENTAL
ENTITY CAN EXERCISE BY
JANUARY 1, 2024, THEN THE GOVERNMENTAL
ENTITY SHALL EXERCISE THE TERMINATION PROVISION AS SOON AS POSSIBLE
WITHIN THE TERMS OF THE IMMIGRATION DETENTION AGREEMENT
.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 4-HOUSE BILL 23-1100 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie 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 5-HOUSE BILL 23-1100