First Regular Session Seventy-fifth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 25-0298.02 Conrad Imel x2313 HOUSE BILL 25-1013 House Committees Senate Committees Judiciary Appropriations A BILL FOR AN ACT C ONCERNING SOCIAL VISITATION RI GHTS FOR A PERSON CONFINED IN101 A CORRECTIONAL FACILITY .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 establishes social visitation as a right for a person confined in a correctional facility. The department of corrections (department) may adopt rules to govern the administration of social visitation but shall not restrict social visitation beyond what is necessary for routine facility operations or for the safety of the facility and public. The bill requires the department to permit a person to file a grievance HOUSE Amended 2nd Reading March 25, 2025 HOUSE SPONSORSHIP English and Bacon, Carter, Joseph, Ricks SENATE SPONSORSHIP Coleman and Exum, 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. with the department if the person is not being allowed social visitation. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 17-20-130 as2 follows:3 17-20-130. Visitation in correctional facilities - rules -4 definition. (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT5 OTHERWISE REQUIRES, "VISITATION" MEANS ALL TYPES OF SOCIAL VISITS6 WITH A PERSON CONFINED IN A CORRECTIONAL FACILITY , INCLUDING7 CONTACT VISITS, NON-CONTACT VISITS, FAMILY TIME VISITS, PHONE8 CALLS, AND VIDEO VISITATION. "VISITATION" DOES NOT INCLUDE VISITS9 THAT ARE NOT SOCIAL VISITS , SUCH AS VISITS FROM A QUALIFIED10 HEALTH-CARE PROFESSIONAL OR FROM A PERSON 'S ATTORNEY.11 (2) (a) A PERSON CONFINED IN A CORRECTIONAL FACILITY HAS THE12 RIGHT TO VISITATION. THE DEPARTMENT SHALL NOT DEPRIVE A PERSON OF13 THE RIGHT TO VISITATION , INCLUDING WHILE THE PERSON IS IN14 RESTRICTIVE HOUSING OR IS SUBJECT TO RESTRICTED PRIVILEGES OR AS A15 SANCTION FOR VIOLATING THE DEPARTMENT 'S CODE OF PENAL DISCIPLINE.16 V IDEO VISITS AND PHONE CALLS MAY SUPPLEMENT , BUT MUST NOT TAKE17 THE PLACE OF, IN-PERSON VISITS.18 (b) (I) T HE DEPARTMENT MAY ADOPT RULES TO GOVERN THE19 ADMINISTRATION OF VISITATION. THE DEPARTMENT SHALL NOT :20 (A) R ESTRICT VISITATION FOR ANY REASON BEYOND WHAT IS21 NECESSARY FOR ROUTINE FACILITY OPERATIONS OR FOR THE SAFETY OF22 THE FACILITY AND GENERAL PUBLIC; AND23 (B) RESTRICT A VISITOR'S ABILITY TO VISIT A PERSON CONFINED IN24 A CORRECTIONAL FACILITY SO LONG AS THE PERSON AGREES TO THE VISIT25 1013-2- AND THE VISITOR AND PERSON COMPLY WITH THE DEPARTMENT 'S1 VISITATION RULES.2 (II) T HE RULES ADOPTED PURSUANT TO THIS SUBSECTION (2)(b)3 MUST INCLUDE SPECIFIC CRITERIA DETAILING WHEN VISITS MAY BE4 CANCELED FOR ROUTINE FACILITY OPERATIONS AND THE SAFETY OF THE5 FACILITY AND GENERAL PUBLIC.6 (III) BEFORE ADOPTING, AMENDING, OR REPEALING RULES7 DESCRIBED IN THIS SUBSECTION (2)(b), THE DEPARTMENT SHALL CONSULT8 WITH THE CERTIFIED EMPLOYEE ORGANIZATION THAT REPRESENTS9 DEPARTMENT EMPLOYEES PURSUANT TO PART 11 OF ARTICLE 50 OF TITLE10 24.11 (c) T HIS SECTION DOES NOT:12 (I) A LTER THE REQUIREMENTS FOR VISITORS IN SECTION 17-19-10113 RELATED TO VISITOR SEARCHES; OR14 (II) A FFECT FAMILY TIME POLICIES ADOPTED PURSUANT TO15 SECTION 17-42-105 (6)(a) THAT DO NOT CONFLICT WITH THIS SECTION .16 (3) I F A PERSON CONFINED IN A CORRECTIONAL FACILITY PROVIDES17 THE DEPARTMENT WITH REASONABLE NOTICE THAT A REQUESTED18 VISITATION IS FOR VIRTUAL ATTENDANCE AT A FUNERAL OR DURING OR19 IMMEDIATELY FOLLOWING THE BIRTH OF A CHILD , THE DEPARTMENT20 SHALL MAKE ALL EFFORTS CONSISTENT WITH THE SAFETY OF THE FACILITY21 AND GENERAL PUBLIC TO ALLOW THE PERSON TO PARTICIPATE IN THE22 VISITATION.23 (4) (a) T HE DEPARTMENT SHALL PERMIT A PERSON CONFINED IN A24 CORRECTIONAL FACILITY TO FILE A GRIEVANCE WITH THE DEPARTMENT IF25 THE PERSON IS NOT BEING ALLOWED VISITATION IN ACCORDANCE WITH26 THIS SECTION. THE DEPARTMENT SHALL NOT DENY A PERSON THE ABILITY27 1013 -3- TO FILE A GRIEVANCE BECAUSE THE PERSON IS IN RESTRICTIVE HOUSING OR1 IS SUBJECT TO RESTRICTED PRIVILEGES.2 (b) B EGINNING IN JANUARY 2026, AND IN JANUARY EVERY YEAR3 THEREAFTER, THE DEPARTMENT SHALL INCLUDE , AS PART OF ITS4 PRESENTATION DURING ITS"SMART ACT" HEARING REQUIRED BY SECTION5 2-7-203, INFORMATION CONCERNING THE TOTAL NUMBER OF GRIEVANCES6 FILED DURING THE PRIOR YEAR RELATED TO VISITATION .7 SECTION 2. Safety clause. The general assembly finds,8 determines, and declares that this act is necessary for the immediate9 preservation of the public peace, health, or safety or for appropriations for10 the support and maintenance of the departments of the state and state11 institutions.12 1013 -4-