Colorado 2023 Regular Session

Colorado House Bill HB1100 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
	7	+	LLS NO. 23-0146.01 Nicole Myers x4326
1	8		HOUSE BILL 23-1100
2		-	BY REPRESENTATIVE(S) Ricks and Garcia, Mabrey, Amabile, Bacon,
3		-	Boesenecker, Brown, Daugherty, English, Epps, Froelich,
4		-	Gonzales-Gutierrez, Herod, Jodeh, Joseph, Kipp, Lindsay, Lindstedt,
5		-	McCormick, Ortiz, Sharbini, Sirota, Titone, Velasco, Vigil, Weissman,
6		-	Willford, Woodrow;
7		-	also SENATOR(S) Jaquez Lewis and Gonzales, Coleman, Cutter, Exum,
8		-	Fields, Hinrichsen, Marchman, Moreno, Winter F.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
9	12		C
10		-	ONCERNING RESTRICTIONS ON GOVERNMENTAL PARTICIPATION IN CIVIL
11		-	IMMIGRATION DETENTION
12		-	.
13		-
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. Legislative declaration. (1) The general assembly
16		-	hereby finds and declares that:
17		-	(a) The management and operation of detention facilities for
18		-	immigrants involves functions that require unique training due to its civil
19		-	nature, the diverse languages and backgrounds of the population, and the
20		-	significant vulnerabilities of asylum seekers and others fleeing persecution;
21		-	(b) Detention requires the exercise of coercive police powers over
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. individuals that should not be delegated to the private sector and that is
30		-	distinguishable from privatization in other areas of government;
31		-	(c) It is an inappropriate exercise of a state's police powers to detain
32		-	individuals for federal immigration purposes given its implication on
33		-	foreign relations; and
34		-	(d) Issues of liability, accountability, and cost warrant a prohibition
35		-	of the ownership, operation, or management of detention facilities by
36		-	private contractors within the state and a phasing out of state and local
37		-	officials' involvement in civil immigration detention to the fullest extent
38		-	permitted under state law.
39		-	(2) The general assembly further finds and declares that it is
40		-	necessary to adopt this act to prohibit state and local governments from
41		-	contracting for the management or operation of immigration detention and
42		-	from facilitating the operation of immigration detention facilities in the state
43		-	by private entities.
44		-	SECTION 2. In Colorado Revised Statutes, add article 76.7 to title
45		-	24 as follows:
46		-	ARTICLE 76.7
47		-	Prohibit State And Local Government
48		-	Involvement In Immigration Detention
	13	+	ONCERNING RESTRICTIONS ON GOVERNMENTAL PARTICIPATION IN101
	14	+	CIVIL IMMIGRATION DETENTION .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	The United States immigration and customs enforcement, the
	23	+	federal agency responsible for overseeing and implementing policies
	24	+	related to immigration detention, contracts out a portion of its detention
	25	+	capacity to state and local governments. State and local governments may
	26	+	then subcontract with prisons or immigration detention facilities that are
	27	+	owned, managed, or operated by private entities to house or detain
	28	+	SENATE
	29	+	2nd Reading Unamended
	30	+	April 19, 2023
	31	+	HOUSE
	32	+	3rd Reading Unamended
	33	+	February 27, 2023
	34	+	HOUSE
	35	+	Amended 2nd Reading
	36	+	February 24, 2023
	37	+	HOUSE SPONSORSHIP
	38	+	Ricks and Garcia, Mabrey, Amabile, Bacon, Boesenecker, Brown, Daugherty, English,
	39	+	Epps, Froelich, Gonzales-Gutierrez, Herod, Jodeh, Joseph, Kipp, Lindsay, Lindstedt,
	40	+	McCormick, Ortiz, Sharbini, Sirota, Titone, Velasco, Vigil, Weissman, Willford, Woodrow
	41	+	SENATE SPONSORSHIP
	42	+	Jaquez Lewis and Gonzales,
	43	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	44	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	45	+	Dashes through the words or numbers indicate deletions from existing law. individuals for federal civil immigration purposes.
	46	+	Beginning on January 1, 2024, the bill prohibits the state and any
	47	+	local government in the state (governmental entity) from:
	48	+	! Entering into an agreement for the detention of individuals
	49	+	in an immigration detention facility that is owned,
	50	+	managed, or operated by a private entity;
	51	+	! Selling any government-owned property for the purpose of
	52	+	establishing an immigration detention facility that is or will
	53	+	be owned, managed, or operated by a private entity;
	54	+	! Paying any costs related to the sale, purchase, construction,
	55	+	development, ownership, management, or operation of an
	56	+	immigration detention facility that is or will be owned,
	57	+	managed, or operated by a private entity;
	58	+	! Receiving any payment related to the detention of
	59	+	individuals in an immigration detention facility that is
	60	+	owned, managed, or operated by a private entity; or
	61	+	! Giving financial incentives or benefits to a private entity in
	62	+	connection with the sale, purchase, construction,
	63	+	development, ownership, management, or operation of an
	64	+	immigration detention facility that is or will be owned,
	65	+	managed, or operated by a private entity.
	66	+	In addition, beginning on January 1, 2024, the bill prohibits a
	67	+	governmental entity from entering into or renewing an agreement for
	68	+	payment to house or detain individuals for federal civil immigration
	69	+	purposes (immigration detention agreement). The bill also requires a
	70	+	governmental entity with an existing immigration detention agreement to
	71	+	exercise the termination provision contained in the agreement by a
	72	+	specified date.
	73	+	Be it enacted by the General Assembly of the State of Colorado:1
	74	+	SECTION 1. Legislative declaration. (1) The general assembly2
	75	+	hereby finds and declares that:3
	76	+	(a) The management and operation of detention facilities for4
	77	+	immigrants involves functions that require unique training due to its civil5
	78	+	nature, the diverse languages and backgrounds of the population, and the6
	79	+	significant vulnerabilities of asylum seekers and others fleeing7
	80	+	persecution;8
	81	+	(b) Detention requires the exercise of coercive police powers over9
	82	+	1100-2- individuals that should not be delegated to the private sector and that is1
	83	+	distinguishable from privatization in other areas of government; 2
	84	+	(c) It is an inappropriate exercise of a state's police powers to3
	85	+	detain individuals for federal immigration purposes given its implication4
	86	+	on foreign relations; and5
	87	+	(d) Issues of liability, accountability, and cost warrant a6
	88	+	prohibition of the ownership, operation, or management of detention7
	89	+	facilities by private contractors within the state and a phasing out of state8
	90	+	and local officials' involvement in civil immigration detention to the9
	91	+	fullest extent permitted under state law.10
	92	+	(2) The general assembly further finds and declares that it is11
	93	+	necessary to adopt this act to prohibit state and local governments from12
	94	+	contracting for the management or operation of immigration detention13
	95	+	and from facilitating the operation of immigration detention facilities in14
	96	+	the state by private entities.15
	97	+	SECTION 2. In Colorado Revised Statutes, add article 76.7 to16
	98	+	title 24 as follows:17
	99	+	ARTICLE 76.718
	100	+	Prohibit State And Local Government 19
	101	+	Involvement In Immigration Detention20
49	102		24-76.7-101. Definitions. A
50		-	S USED IN THIS ARTICLE 76.7, UNLESS
51		-	THE CONTEXT OTHERWISE REQUIRES
52		-	:
	103	+	S USED IN THIS ARTICLE 76.7, UNLESS21
	104	+	THE CONTEXT OTHERWISE REQUIRES :22
53	105		(1) "G
54		-	OVERNMENTAL ENTITY " MEANS THE STATE, ANY UNIT OF
55		-	LOCAL GOVERNMENT
56		-	, A COUNTY SHERIFF, OR ANY AGENCY, OFFICER,
57		-	EMPLOYEE, OR AGENT THEREOF.
	106	+	OVERNMENTAL ENTITY " MEANS THE STATE, ANY UNIT OF23
	107	+	LOCAL GOVERNMENT , A COUNTY SHERIFF, OR ANY AGENCY, OFFICER,24
	108	+	EMPLOYEE, OR AGENT THEREOF.25
58	109		(2) "I
59		-	MMIGRATION DETENTION AGREEMENT " MEANS ANY CONTRACT,
60		-	INCLUDING BUT NOT LIMITED TO AN INTERGOVERNMENTAL SERVICE
61		-	AGREEMENT
62		-	, OR PORTION THEREOF FOR PAYMENT TO A GOVERNMENTAL
63		-	ENTITY TO DETAIN INDIVIDUALS FOR FEDERAL CIVIL IMMIGRATION PURPOSES
64		-	.
65		-	F
66		-	OR A CONTRACT OR INTERGOVERNMENTAL SERVICE AGREEMENT THAT IS
67		-	ONLY IN PART FOR THE DETENTION OF INDIVIDUALS FOR FEDERAL
68		-	IMMIGRATION OFFICIALS
69		-	, THIS TERM ONLY APPLIES TO THE CIVIL
70		-	IMMIGRATION DETENTION PORTION OF THE CONTRACT
71		-	.
72		-	PAGE 2-HOUSE BILL 23-1100 (3) "IMMIGRATION DETENTION FACILITY " MEANS ANY BUILDING,
73		-	FACILITY, OR STRUCTURE USED, IN WHOLE OR IN PART, TO HOUSE OR DETAIN
74		-	INDIVIDUALS FOR FEDERAL IMMIGRATION OFFICIALS
75		-	.
76		-	24-76.7-102. Governmental entities - agreements with privately
77		-	owned immigration detention facilities - prohibition. (1) B
78		-	EGINNING ON
79		-	JANUARY 1, 2024, A GOVERNMENTAL ENTITY SHALL NOT :
	110	+	MMIGRATION DETENTION AGREEMENT " MEANS ANY26
	111	+	CONTRACT, INCLUDING BUT NOT LIMITED TO AN INTERGOVERNMENTAL27
	112	+	1100
	113	+	-3- SERVICE AGREEMENT , OR PORTION THEREOF FOR PAYMENT TO A1
	114	+	GOVERNMENTAL ENTITY TO DETAIN INDIVIDUALS FOR FEDERAL CIVIL2
	115	+	IMMIGRATION PURPOSES. FOR A CONTRACT OR INTERGOVERNMENTAL3
	116	+	SERVICE AGREEMENT THAT IS ONLY IN PART FOR THE DETENTION OF4
	117	+	INDIVIDUALS FOR FEDERAL IMMIGRATION OFFICIALS , THIS TERM ONLY5
	118	+	APPLIES TO THE CIVIL IMMIGRATION DETENTION PORTION OF THE6
	119	+	CONTRACT.7
	120	+	(3) "I
	121	+	MMIGRATION DETENTION FACILITY " MEANS ANY BUILDING,8
	122	+	FACILITY, OR STRUCTURE USED, IN WHOLE OR IN PART, TO HOUSE OR9
	123	+	DETAIN INDIVIDUALS FOR FEDERAL IMMIGRATION OFFICIALS .10
	124	+	24-76.7-102. Governmental entities - agreements with11
	125	+	privately owned immigration detention facilities - prohibition.12
	126	+	(1) B
	127	+	EGINNING ON JANUARY 1, 2024, A GOVERNMENTAL ENTITY SHALL13
	128	+	NOT:14
80	129		(a) E
81		-	NTER INTO AN AGREEMENT OF ANY KIND FOR THE DETENTION OF
82		-	INDIVIDUALS IN AN IMMIGRATION DETENTION FACILITY THAT IS OWNED
83		-	,
84		-	MANAGED, OR OPERATED, IN WHOLE OR IN PART, BY A PRIVATE ENTITY;
	130	+	NTER INTO AN AGREEMENT OF ANY KIND FOR THE DETENTION15
	131	+	OF INDIVIDUALS IN AN IMMIGRATION DETENTION FACILITY THAT IS OWNED ,16
	132	+	MANAGED, OR OPERATED, IN WHOLE OR IN PART, BY A PRIVATE ENTITY;17
85	133		(b) S
86		-	ELL ANY PUBLIC OR GOVERNMENT -OWNED PROPERTY OR
87		-	BUILDING FOR THE PURPOSE OF ESTABLISHING AN IMMIGRATION DETENTION
88		-	FACILITY THAT IS OR WILL BE OWNED
89		-	, MANAGED, OR OPERATED, IN WHOLE
90		-	OR IN PART
91		-	, BY A PRIVATE ENTITY;
	134	+	ELL ANY PUBLIC OR GOVERNMENT -OWNED PROPERTY OR18
	135	+	BUILDING FOR THE PURPOSE OF ESTABLISHING AN IMMIGRATION19
	136	+	DETENTION FACILITY THAT IS OR WILL BE OWNED , MANAGED, OR20
	137	+	OPERATED, IN WHOLE OR IN PART, BY A PRIVATE ENTITY;21
92	138		(c) P
93		-	AY, REIMBURSE, SUBSIDIZE, OR DEFRAY IN ANY WAY ANY COSTS
94		-	RELATED TO THE SALE
95		-	, PURCHASE, CONSTRUCTION, DEVELOPMENT,
96		-	OWNERSHIP, MANAGEMENT, OR OPERATION OF AN IMMIGRATION DETENTION
97		-	FACILITY THAT IS OR WILL BE OWNED
98		-	, MANAGED, OR OPERATED, IN WHOLE
99		-	OR IN PART
100		-	, BY A PRIVATE ENTITY;
	139	+	AY, REIMBURSE, SUBSIDIZE, OR DEFRAY IN ANY WAY ANY22
	140	+	COSTS RELATED TO THE SALE, PURCHASE, CONSTRUCTION, DEVELOPMENT,23
	141	+	OWNERSHIP, MANAGEMENT , OR OPERATION OF AN IMMIGRATION24
	142	+	DETENTION FACILITY THAT IS OR WILL BE OWNED , MANAGED, OR25
	143	+	OPERATED, IN WHOLE OR IN PART, BY A PRIVATE ENTITY;26
101	144		(d) R
102		-	ECEIVE PER DIEM, PER DETAINEE, OR ANY OTHER PAYMENT
103		-	RELATED TO THE DETENTION OF INDIVIDUALS IN AN IMMIGRATION
104		-	DETENTION FACILITY THAT IS OWNED
105		-	, MANAGED, OR OPERATED, IN WHOLE
106		-	OR IN PART
107		-	, BY A PRIVATE ENTITY; OR
108		-	(e) OTHERWISE GIVE ANY FINANCIAL INCENTIVE OR BENEFIT TO ANY
109		-	PRIVATE ENTITY OR PERSON IN CONNECTION WITH THE SALE
110		-	, PURCHASE,
111		-	CONSTRUCTION, DEVELOPMENT, OWNERSHIP, MANAGEMENT, OR OPERATION
112		-	OF AN IMMIGRATION DETENTION FACILITY THAT IS OR WILL BE OWNED
113		-	,
114		-	MANAGED, OR OPERATED, IN WHOLE OR IN PART, BY A PRIVATE ENTITY.
115		-	(2) N
116		-	OTHING IN THIS ARTICLE 76.7 SHALL BE CONSTRUED TO
117		-	PROHIBIT A GOVERNMENTAL ENTITY FROM PROVIDING HEALTH AND SAFETY
118		-	RESOURCES TO INDIVIDUALS WHO ARE BEING DETAINED FOR IMMIGRATION
119		-	PURPOSES
120		-	.
121		-	(3) N
122		-	OTHING IN THIS ARTICLE 76.7 SHALL BE CONSTRUED TO
123		-	PAGE 3-HOUSE BILL 23-1100 PROHIBIT ANY UNIT OF LOCAL GOVERNMENT FROM CONTRACTING FOR
124		-	HEALTH
125		-	, UTILITY, AND SANITATION SERVICES TO IMMIGRATION DETENTION
126		-	FACILITIES
127		-	.
128		-	24-76.7-103. Governmental entities - eliminate involvement in
	145	+	ECEIVE PER DIEM, PER DETAINEE, OR ANY OTHER PAYMENT27
	146	+	1100
	147	+	-4- RELATED TO THE DETENTION OF INDIVIDUALS IN AN IMMIGRATION1
	148	+	DETENTION FACILITY THAT IS OWNED, MANAGED, OR OPERATED, IN WHOLE2
	149	+	OR IN PART, BY A PRIVATE ENTITY; OR3
	150	+	(e) O
	151	+	THERWISE GIVE ANY FINANCIAL INCENTIVE OR BENEFIT TO4
	152	+	ANY PRIVATE ENTITY OR PERSON IN CONNECTION WITH THE SALE ,5
	153	+	PURCHASE, CONSTRUCTION, DEVELOPMENT, OWNERSHIP, MANAGEMENT,6
	154	+	OR OPERATION OF AN IMMIGRATION DETENTION FACILITY THAT IS OR WILL7
	155	+	BE OWNED, MANAGED, OR OPERATED, IN WHOLE OR IN PART, BY A PRIVATE8
	156	+	ENTITY.9 (2) NOTHING IN THIS ARTICLE 76.7 SHALL BE CONSTRUED TO10
	157	+	PROHIBIT A GOVERNMENTAL ENTITY FROM PROVIDING HEALTH AND11
	158	+	SAFETY RESOURCES TO INDIVIDUALS WHO ARE BEING DETAINED FOR12
	159	+	IMMIGRATION PURPOSES.13
	160	+	(3) NOTHING IN THIS ARTICLE 76.7 SHALL BE CONSTRUED TO14
	161	+	PROHIBIT ANY UNIT OF LOCAL GOVERNMENT FROM CONTRACTING FOR15
	162	+	HEALTH, UTILITY, AND SANITATION SERVICES TO IMMIGRATION DETENTION16
	163	+	FACILITIES.17
	164	+	24-76.7-103. Governmental entities - eliminate involvement in18
129	165		immigration detention. (1) B
130		-	EGINNING ON JANUARY 1, 2024, A
131		-	GOVERNMENTAL ENTITY SHALL NOT ENTER INTO OR RENEW AN IMMIGRATION
132		-	DETENTION AGREEMENT
133		-	.
	166	+	EGINNING ON JANUARY 1, 2024, A19
	167	+	GOVERNMENTAL ENTITY SHALL NOT ENTER INTO OR RENEW AN20
	168	+	IMMIGRATION DETENTION AGREEMENT .21
134	169		(2) A
135		-	GOVERNMENTAL ENTITY WITH AN EXISTING IMMIGRATION
136		-	DETENTION AGREEMENT ON
137		-	JANUARY 1, 2024, SHALL EXERCISE ANY
138		-	TERMINATION PROVISION CONTAINED IN THE AGREEMENT NO LATER THAN
139		-	JANUARY 1, 2024. IF AN EXISTING IMMIGRATION DETENTION AGREEMENT
140		-	DOES NOT CONTAIN A TERMINATION PROVISION THAT THE GOVERNMENTAL
141		-	ENTITY CAN EXERCISE BY
142		-	JANUARY 1, 2024, THEN THE GOVERNMENTAL
143		-	ENTITY SHALL EXERCISE THE TERMINATION PROVISION AS SOON AS POSSIBLE
144		-	WITHIN THE TERMS OF THE IMMIGRATION DETENTION AGREEMENT
145		-	.
146		-	SECTION 3. Act subject to petition - effective date. This act
147		-	takes effect at 12:01 a.m. on the day following the expiration of the
148		-	ninety-day period after final adjournment of the general assembly; except
149		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
150		-	of the state constitution against this act or an item, section, or part of this act
151		-	within such period, then the act, item, section, or part will not take effect
152		-	unless approved by the people at the general election to be held in
153		-	PAGE 4-HOUSE BILL 23-1100 November 2024 and, in such case, will take effect on the date of the official
154		-	declaration of the vote thereon by the governor.
155		-	____________________________ ____________________________
156		-	Julie McCluskie Steve Fenberg
157		-	SPEAKER OF THE HOUSE PRESIDENT OF
158		-	OF REPRESENTATIVES THE SENATE
159		-	____________________________ ____________________________
160		-	Robin Jones Cindi L. Markwell
161		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
162		-	OF REPRESENTATIVES THE SENATE
163		-	APPROVED________________________________________
164		-	(Date and Time)
165		-	_________________________________________
166		-	Jared S. Polis
167		-	GOVERNOR OF THE STATE OF COLORADO
168		-	PAGE 5-HOUSE BILL 23-1100
	170	+	GOVERNMENTAL ENTITY WITH AN EXISTING IMMIGRATION22
	171	+	DETENTION AGREEMENT ON JANUARY 1, 2024, SHALL EXERCISE ANY23
	172	+	TERMINATION PROVISION CONTAINED IN THE AGREEMENT NO LATER THAN24
	173	+	J
	174	+	ANUARY 1, 2024.
	175	+	IF AN EXISTING IMMIGRATION DETENTION AGREEMENT25
	176	+	DOES NOT CONTAIN A TERMINATION PROVISION THAT THE GOVERNMENTAL26
	177	+	ENTITY CAN EXERCISE BY JANUARY 1, 2024, THEN THE GOVERNMENTAL27
	178	+	1100
	179	+	-5- ENTITY SHALL EXERCISE THE TERMINATION PROVISION AS SOON AS1
	180	+	POSSIBLE WITHIN THE TERMS OF THE IMMIGRATION DETENTION2
	181	+	AGREEMENT.3
	182	+	SECTION 3. Act subject to petition - effective date. This act4
	183	+	takes effect at 12:01 a.m. on the day following the expiration of the5
	184	+	ninety-day period after final adjournment of the general assembly; except6
	185	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V7
	186	+	of the state constitution against this act or an item, section, or part of this8
	187	+	act within such period, then the act, item, section, or part will not take9
	188	+	effect unless approved by the people at the general election to be held in10
	189	+	November 2024 and, in such case, will take effect on the date of the11
	190	+	official declaration of the vote thereon by the governor.12
	191	+	1100
	192	+	-6-