Colorado 2025 2025 Regular Session

Colorado House Bill HB1013 Engrossed / Bill

Filed 03/25/2025

                    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-