Colorado 2025 Regular Session

Colorado House Bill HB1013 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0298.02 Conrad Imel x2313
8	8		HOUSE BILL 25-1013
9	9		House Committees Senate Committees
10	10		Judiciary
11	11		Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING SOCIAL VISITATION RI GHTS FOR A PERSON CONFINED IN101
15	15		A CORRECTIONAL FACILITY .102
16	16		Bill Summary
17	17		(Note: This summary applies to this bill as introduced and does
18	18		not reflect any amendments that may be subsequently adopted. If this bill
19	19		passes third reading in the house of introduction, a bill summary that
20	20		applies to the reengrossed version of this bill will be available at
21	21		http://leg.colorado.gov
22	22		.)
23	23		The bill establishes social visitation as a right for a person
24	24		confined in a correctional facility. The department of corrections
25	25		(department) may adopt rules to govern the administration of social
26	26		visitation but shall not restrict social visitation beyond what is necessary
27	27		for routine facility operations or for the safety of the facility and public.
28	28		The bill requires the department to permit a person to file a grievance
29	29		HOUSE
30		-	3rd Reading Unamended
31		-	March 26, 2025
32		-	HOUSE
33	30		Amended 2nd Reading
34	31		March 25, 2025
35	32		HOUSE SPONSORSHIP
36		-	English and Bacon, Carter, Joseph, Ricks, Bird, Boesenecker, Clifford, Espenoza, Froelich,
37		-	Jackson, Lindsay, Lindstedt, Mabrey, Martinez, McCluskie, Rutinel, Sirota, Stewart R.,
38		-	Velasco, Zokaie
	33	+	English and Bacon, Carter, Joseph, Ricks
39	34		SENATE SPONSORSHIP
40	35		Coleman and Exum,
41	36		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
42	37		Capital letters or bold & italic numbers indicate new material to be added to existing law.
43	38		Dashes through the words or numbers indicate deletions from existing law. with the department if the person is not being allowed social visitation.
44	39		Be it enacted by the General Assembly of the State of Colorado:1
45	40		SECTION 1. In Colorado Revised Statutes, add 17-20-130 as2
46	41		follows:3
47	42		17-20-130. Visitation in correctional facilities - rules -4
48	43		definition. (1) A
49	44		S USED IN THIS SECTION, UNLESS THE CONTEXT5
50	45		OTHERWISE REQUIRES, "VISITATION" MEANS ALL TYPES OF SOCIAL VISITS6
51	46		WITH A PERSON CONFINED IN A CORRECTIONAL FACILITY , INCLUDING7
52	47		CONTACT VISITS, NON-CONTACT VISITS, FAMILY TIME VISITS, PHONE8
53	48		CALLS, AND VIDEO VISITATION. "VISITATION" DOES NOT INCLUDE VISITS9
54	49		THAT ARE NOT SOCIAL VISITS , SUCH AS VISITS FROM A QUALIFIED10
55	50		HEALTH-CARE PROFESSIONAL OR FROM A PERSON 'S ATTORNEY.11
56	51		(2) (a) A
57	52		PERSON CONFINED IN A CORRECTIONAL FACILITY HAS THE12
58	53		RIGHT TO VISITATION. THE DEPARTMENT SHALL NOT DEPRIVE A PERSON OF13
59	54		THE RIGHT TO VISITATION , INCLUDING WHILE THE PERSON IS IN14
60	55		RESTRICTIVE HOUSING OR IS SUBJECT TO RESTRICTED PRIVILEGES OR AS A15
61	56		SANCTION FOR VIOLATING THE DEPARTMENT 'S CODE OF PENAL DISCIPLINE.16
62	57		V
63	58		IDEO VISITS AND PHONE CALLS MAY SUPPLEMENT , BUT MUST NOT TAKE17
64	59		THE PLACE OF, IN-PERSON VISITS.18
65	60		(b) (I) T
66	61		HE DEPARTMENT MAY ADOPT RULES TO GOVERN THE19
67	62		ADMINISTRATION OF VISITATION. THE DEPARTMENT SHALL NOT :20
68	63		(A) R
69	64		ESTRICT VISITATION FOR ANY REASON BEYOND WHAT IS21
70	65		NECESSARY FOR ROUTINE FACILITY OPERATIONS OR FOR THE SAFETY OF22
71	66		THE FACILITY AND GENERAL PUBLIC; AND23
72	67		(B)
73	68		RESTRICT A VISITOR'S ABILITY TO VISIT A PERSON CONFINED IN24
74	69		A CORRECTIONAL FACILITY SO LONG AS THE PERSON AGREES TO THE VISIT25
75	70		1013-2- AND THE VISITOR AND PERSON COMPLY WITH THE DEPARTMENT 'S1
76	71		VISITATION RULES.2
77	72		(II) T
78	73		HE RULES ADOPTED PURSUANT TO THIS SUBSECTION (2)(b)3
79	74		MUST INCLUDE SPECIFIC CRITERIA DETAILING WHEN VISITS MAY BE4
80	75		CANCELED FOR ROUTINE FACILITY OPERATIONS AND THE SAFETY OF THE5
81	76		FACILITY AND GENERAL PUBLIC.6 (III) BEFORE ADOPTING, AMENDING, OR REPEALING RULES7
82	77		DESCRIBED IN THIS SUBSECTION (2)(b), THE DEPARTMENT SHALL CONSULT8
83	78		WITH THE CERTIFIED EMPLOYEE ORGANIZATION THAT REPRESENTS9
84	79		DEPARTMENT EMPLOYEES PURSUANT TO PART 11 OF ARTICLE 50 OF TITLE10
85	80		24.11
86	81		(c) T
87	82		HIS SECTION DOES NOT:12
88	83		(I) A
89	84		LTER THE REQUIREMENTS FOR VISITORS IN SECTION 17-19-10113
90	85		RELATED TO VISITOR SEARCHES; OR14
91	86		(II) A
92	87		FFECT FAMILY TIME POLICIES ADOPTED PURSUANT TO15
93	88		SECTION 17-42-105 (6)(a) THAT DO NOT CONFLICT WITH THIS SECTION .16
94	89		(3) I
95	90		F A PERSON CONFINED IN A CORRECTIONAL FACILITY PROVIDES17
96	91		THE DEPARTMENT WITH REASONABLE NOTICE THAT A REQUESTED18
97	92		VISITATION IS FOR VIRTUAL ATTENDANCE AT A FUNERAL OR DURING OR19
98	93		IMMEDIATELY FOLLOWING THE BIRTH OF A CHILD , THE DEPARTMENT20
99	94		SHALL MAKE ALL EFFORTS CONSISTENT WITH THE SAFETY OF THE FACILITY21
100	95		AND GENERAL PUBLIC TO ALLOW THE PERSON TO PARTICIPATE IN THE22
101	96		VISITATION.23
102	97		(4) (a) T
103	98		HE DEPARTMENT SHALL PERMIT A PERSON CONFINED IN A24
104	99		CORRECTIONAL FACILITY TO FILE A GRIEVANCE WITH THE DEPARTMENT IF25
105	100		THE PERSON IS NOT BEING ALLOWED VISITATION IN ACCORDANCE WITH26
106	101		THIS SECTION. THE DEPARTMENT SHALL NOT DENY A PERSON THE ABILITY27
107	102		1013
108	103		-3- TO FILE A GRIEVANCE BECAUSE THE PERSON IS IN RESTRICTIVE HOUSING OR1
109	104		IS SUBJECT TO RESTRICTED PRIVILEGES.2
110	105		(b) B
111	106		EGINNING IN JANUARY 2026, AND IN JANUARY EVERY YEAR3
112	107		THEREAFTER, THE DEPARTMENT SHALL INCLUDE , AS PART OF ITS4
113	108		PRESENTATION DURING ITS"SMART ACT" HEARING REQUIRED BY SECTION5
114	109		2-7-203,
115	110		INFORMATION CONCERNING THE TOTAL NUMBER OF GRIEVANCES6
116	111		FILED DURING THE PRIOR YEAR RELATED TO VISITATION .7
117	112		SECTION 2. Safety clause. The general assembly finds,8
118	113		determines, and declares that this act is necessary for the immediate9
119	114		preservation of the public peace, health, or safety or for appropriations for10
120	115		the support and maintenance of the departments of the state and state11
121	116		institutions.12
122	117		1013
123	118		-4-