First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0146.01 Nicole Myers x4326
HOUSE BILL 23-1100
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING RESTRICTIONS ON GOVERNMENTAL PARTICIPATION IN101
CIVIL IMMIGRATION DETENTION .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 United States immigration and customs enforcement, the
federal agency responsible for overseeing and implementing policies
related to immigration detention, contracts out a portion of its detention
capacity to state and local governments. State and local governments may
then subcontract with prisons or immigration detention facilities that are
owned, managed, or operated by private entities to house or detain
HOUSE
Amended 2nd Reading
February 24, 2023
HOUSE SPONSORSHIP
Ricks and Garcia, Mabrey
SENATE SPONSORSHIP
Jaquez Lewis and Gonzales,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. individuals for federal civil immigration purposes.
Beginning on January 1, 2024, the bill prohibits the state and any
local government in the state (governmental entity) from:
! Entering into an agreement for the detention of individuals
in an immigration detention facility that is owned,
managed, or operated by a private entity;
! Selling any government-owned property for the purpose of
establishing an immigration detention facility that is or will
be owned, managed, or operated by a private entity;
! Paying 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 by a private entity;
! Receiving any payment related to the detention of
individuals in an immigration detention facility that is
owned, managed, or operated by a private entity; or
! Giving financial incentives or benefits to a private entity 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 by a private entity.
In addition, beginning on January 1, 2024, the bill prohibits a
governmental entity from entering into or renewing an agreement for
payment to house or detain individuals for federal civil immigration
purposes (immigration detention agreement). The bill also requires a
governmental entity with an existing immigration detention agreement to
exercise the termination provision contained in the agreement by a
specified date.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
hereby finds and declares that:3
(a) The management and operation of detention facilities for4
immigrants involves functions that require unique training due to its civil5
nature, the diverse languages and backgrounds of the population, and the6
significant vulnerabilities of asylum seekers and others fleeing7
persecution;8
(b) Detention requires the exercise of coercive police powers over9
1100-2- individuals that should not be delegated to the private sector and that is1
distinguishable from privatization in other areas of government; 2
(c) It is an inappropriate exercise of a state's police powers to3
detain individuals for federal immigration purposes given its implication4
on foreign relations; and5
(d) Issues of liability, accountability, and cost warrant a6
prohibition of the ownership, operation, or management of detention7
facilities by private contractors within the state and a phasing out of state8
and local officials' involvement in civil immigration detention to the9
fullest extent permitted under state law.10
(2) The general assembly further finds and declares that it is11
necessary to adopt this act to prohibit state and local governments from12
contracting for the management or operation of immigration detention13
and from facilitating the operation of immigration detention facilities in14
the state by private entities.15
SECTION 2. In Colorado Revised Statutes, add article 76.7 to16
title 24 as follows:17
ARTICLE 76.718
Prohibit State And Local Government 19
Involvement In Immigration Detention20
24-76.7-101. Definitions. A
S USED IN THIS ARTICLE 76.7, UNLESS21
THE CONTEXT OTHERWISE REQUIRES :22
(1) "G
OVERNMENTAL ENTITY " MEANS THE STATE, ANY UNIT OF23
LOCAL GOVERNMENT , A COUNTY SHERIFF, OR ANY AGENCY, OFFICER,24
EMPLOYEE, OR AGENT THEREOF.25
(2) "I
MMIGRATION DETENTION AGREEMENT " MEANS ANY26
CONTRACT, INCLUDING BUT NOT LIMITED TO AN INTERGOVERNMENTAL27
1100
-3- SERVICE AGREEMENT , OR PORTION THEREOF FOR PAYMENT TO A1
GOVERNMENTAL ENTITY TO DETAIN INDIVIDUALS FOR FEDERAL CIVIL2
IMMIGRATION PURPOSES. FOR A CONTRACT OR INTERGOVERNMENTAL3
SERVICE AGREEMENT THAT IS ONLY IN PART FOR THE DETENTION OF4
INDIVIDUALS FOR FEDERAL IMMIGRATION OFFICIALS , THIS TERM ONLY5
APPLIES TO THE CIVIL IMMIGRATION DETENTION PORTION OF THE6
CONTRACT.7
(3) "I
MMIGRATION DETENTION FACILITY " MEANS ANY BUILDING,8
FACILITY, OR STRUCTURE USED, IN WHOLE OR IN PART, TO HOUSE OR9
DETAIN INDIVIDUALS FOR FEDERAL IMMIGRATION OFFICIALS .10
24-76.7-102. Governmental entities - agreements with11
privately owned immigration detention facilities - prohibition.12
(1) B
EGINNING ON JANUARY 1, 2024, A GOVERNMENTAL ENTITY SHALL13
NOT:14
(a) E
NTER INTO AN AGREEMENT OF ANY KIND FOR THE DETENTION15
OF INDIVIDUALS IN AN IMMIGRATION DETENTION FACILITY THAT IS OWNED ,16
MANAGED, OR OPERATED, IN WHOLE OR IN PART, BY A PRIVATE ENTITY;17
(b) S
ELL ANY PUBLIC OR GOVERNMENT -OWNED PROPERTY OR18
BUILDING FOR THE PURPOSE OF ESTABLISHING AN IMMIGRATION19
DETENTION FACILITY THAT IS OR WILL BE OWNED , MANAGED, OR20
OPERATED, IN WHOLE OR IN PART, BY A PRIVATE ENTITY;21
(c) P
AY, REIMBURSE, SUBSIDIZE, OR DEFRAY IN ANY WAY ANY22
COSTS RELATED TO THE SALE, PURCHASE, CONSTRUCTION, DEVELOPMENT,23
OWNERSHIP, MANAGEMENT , OR OPERATION OF AN IMMIGRATION24
DETENTION FACILITY THAT IS OR WILL BE OWNED , MANAGED, OR25
OPERATED, IN WHOLE OR IN PART, BY A PRIVATE ENTITY;26
(d) R
ECEIVE PER DIEM, PER DETAINEE, OR ANY OTHER PAYMENT27
1100
-4- RELATED TO THE DETENTION OF INDIVIDUALS IN AN IMMIGRATION1
DETENTION FACILITY THAT IS OWNED, MANAGED, OR OPERATED, IN WHOLE2
OR IN PART, BY A PRIVATE ENTITY; OR3
(e) O
THERWISE GIVE ANY FINANCIAL INCENTIVE OR BENEFIT TO4
ANY PRIVATE ENTITY OR PERSON IN CONNECTION WITH THE SALE ,5
PURCHASE, CONSTRUCTION, DEVELOPMENT, OWNERSHIP, MANAGEMENT,6
OR OPERATION OF AN IMMIGRATION DETENTION FACILITY THAT IS OR WILL7
BE OWNED, MANAGED, OR OPERATED, IN WHOLE OR IN PART, BY A PRIVATE8
ENTITY.9 (2) NOTHING IN THIS ARTICLE 76.7 SHALL BE CONSTRUED TO10
PROHIBIT A GOVERNMENTAL ENTITY FROM PROVIDING HEALTH AND11
SAFETY RESOURCES TO INDIVIDUALS WHO ARE BEING DETAINED FOR12
IMMIGRATION PURPOSES.13
(3) NOTHING IN THIS ARTICLE 76.7 SHALL BE CONSTRUED TO14
PROHIBIT ANY UNIT OF LOCAL GOVERNMENT FROM CONTRACTING FOR15
HEALTH, UTILITY, AND SANITATION SERVICES TO IMMIGRATION DETENTION16
FACILITIES.17
24-76.7-103. Governmental entities - eliminate involvement in18
immigration detention. (1) B
EGINNING ON JANUARY 1, 2024, A19
GOVERNMENTAL ENTITY SHALL NOT ENTER INTO OR RENEW AN20
IMMIGRATION DETENTION AGREEMENT .21
(2) A
GOVERNMENTAL ENTITY WITH AN EXISTING IMMIGRATION22
DETENTION AGREEMENT ON JANUARY 1, 2024, SHALL EXERCISE ANY23
TERMINATION PROVISION CONTAINED IN THE AGREEMENT NO LATER THAN24
J
ANUARY 1, 2024.
IF AN EXISTING IMMIGRATION DETENTION AGREEMENT25
DOES NOT CONTAIN A TERMINATION PROVISION THAT THE GOVERNMENTAL26
ENTITY CAN EXERCISE BY JANUARY 1, 2024, THEN THE GOVERNMENTAL27
1100
-5- ENTITY SHALL EXERCISE THE TERMINATION PROVISION AS SOON AS1
POSSIBLE WITHIN THE TERMS OF THE IMMIGRATION DETENTION2
AGREEMENT.3
SECTION 3. Act subject to petition - effective date. This act4
takes effect at 12:01 a.m. on the day following the expiration of the5
ninety-day period after final adjournment of the general assembly; except6
that, if a referendum petition is filed pursuant to section 1 (3) of article V7
of the state constitution against this act or an item, section, or part of this8
act within such period, then the act, item, section, or part will not take9
effect unless approved by the people at the general election to be held in10
November 2024 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
1100
-6-