C.R.S. Section 17-1-115.5
Prison sexual assault prevention program

(1)

The department shall develop, with respect to sexual assaults that occur in correctional facilities operated by or pursuant to a contract with the department, policies and procedures to:

(a)

Require disciplinary action for employees who fail to report incidences of sexual assault to the inspector general appointed pursuant to section 17-1-103.8;

(b)

Require the inspector general or the department of corrections investigator, whichever is appropriate, after completing an investigation for sexual assault, to submit the findings to the district attorney with jurisdiction over the facility in which the alleged sexual assault occurred;

(c)

Prohibit retaliation and disincentives for reporting sexual assaults;

(d)

Provide, in situations in which there is reason to believe that a sexual assault has occurred, reasonable and appropriate measures to ensure victim safety by separating the victim from the assailant, if known;

(e)

Ensure the confidentiality of prison rape complaints and protection of inmates who make complaints of prison rape;

(f)

Provide acute trauma care for sexual assault victims, including treatment of injuries, HIV prophylaxis measures, and testing for sexually transmitted infections;

(g)

Provide, at intake and periodically thereafter, department-approved, easy-to-understand information developed by the department on sexual assault prevention, treatment, reporting, and counseling in consultation with community groups with expertise in sexual assault prevention, treatment, reporting, and counseling;

(h)

Provide sexual-assault-specific training to department mental health professionals and all employees who have direct contact with inmates regarding treatment and methods of prevention and investigation;

(i)

Provide confidential mental health counseling for victims of sexual assault;

(j)

Monitor victims of sexual assault for suicidal impulses, post-traumatic stress disorder, depression, and other mental health consequences resulting from the sexual assault; and

(k)

Require termination of an employee who engages in a sexual assault on or sexual conduct with an inmate consistent with constitutional due process protections and state personnel laws and rules.

(2)

Investigation of a sexual assault shall be conducted by investigators trained in the investigation of sex crimes. The investigation shall include, but need not be limited to, use of forensic rape kits, questioning of suspects and witnesses, and gathering and preserving relevant evidence.

(3)

The department shall annually report the data that it is required to compile and report to the federal bureau of justice statistics as required by the federal “Prison Rape Elimination Act of 2003”, Pub.L. 108-79, as amended, to the judiciary committees of the house of representatives and the senate, or any successor committees.

Source: Section 17-1-115.5 — Prison sexual assault prevention program, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-17.­pdf (accessed Oct. 20, 2023).

17‑1‑101
Executive director - creation - division heads - medical personnel 17‑1‑102
Definitions 17‑1‑103
Duties of the executive director 17‑1‑103.8
Executive director - inspector general - investigators - duties 17‑1‑104.3
Correctional facilities - locations - security level - report 17‑1‑104.5
Incarceration of inmates from other states - private contract prison facilities 17‑1‑104.6
Planning and review requirements - legislative intent 17‑1‑104.9
Custody levels for state inmates at private prisons - correctional emergency - definition 17‑1‑105
Powers of executive director 17‑1‑105.1
Accreditation of private contract prisons 17‑1‑105.5
Contract rates 17‑1‑107
Department may accept gifts, donations, and grants 17‑1‑107.5
State criminal alien assistance program cash fund - creation 17‑1‑108
Transfer of inmates 17‑1‑109
Duties and functions of the warden 17‑1‑109.5
Correctional facility employees - rules 17‑1‑111
Certain provisions of the administrative procedure act not to apply 17‑1‑112
Expenses - reimbursement by department - report 17‑1‑113
Medical visits - charge to inmates - legislative declaration 17‑1‑113.1
Administration or monitoring of medications to persons in correctional facilities 17‑1‑113.2
Continuity of care for persons released from correctional facility 17‑1‑113.4
Opioid treatment for a person in custody - definitions 17‑1‑113.5
Inmates held in correctional facilities - medical benefits application assistance - county of residence - rules 17‑1‑113.6
Menstrual hygiene products for a person in custody - definition 17‑1‑113.7
Prohibition against the use of restraints on pregnant inmates in the custody of correctional facilities and private contract prisons - report 17‑1‑113.8
Persons with serious behavioral or mental health disorders - long-term isolated confinement - work group - medication-assisted treatment - appropriation - repeal 17‑1‑113.9
Use of administrative segregation for state inmates - reporting 17‑1‑114
Pool of funds - continuance of community supervision 17‑1‑114.5
Incarceration of a person in custody with the capacity for pregnancy - report 17‑1‑115.2
Correctional law enforcement agencies to provide identification cards to retired peace officers upon request - definitions 17‑1‑115.5
Prison sexual assault prevention program 17‑1‑115.7
Prevention of sexual assaults on youthful inmates - compliance with federal law - report - definition 17‑1‑115.8
Corrections officer staffing - report - double shift criteria - definition 17‑1‑115.9
Incentives for mental health professionals - report - legislative declaration 17‑1‑116
Corrections expansion reserve fund 17‑1‑119
Lethal perimeter security systems for correctional facilities - governmental immunity - limitations 17‑1‑119.5
Compilation of data related to inmates with children attending school 17‑1‑119.7
Prison population management measures 17‑1‑166
Department duties - parole plan - report 17‑1‑167
Use of restraints for state inmates - criteria - documentation - intake assessment - report - rules - definitions 17‑1‑201
Duties of department 17‑1‑202
Requests for competitive proposals and contract requirements 17‑1‑202.5
Private prison planning process 17‑1‑203
Powers and duties not delegable to contractor 17‑1‑204
Background checks 17‑1‑205
Contract termination - control of a correctional facility by the department 17‑1‑206
Inmates in custody of the department 17‑1‑206.5
Preparole release and revocation facility - community return-to-custody facility 17‑1‑207
Applicability of part
Green check means up to date. Up to date

Current through Fall 2024

§ 17-1-115.5’s source at colorado​.gov