C.R.S.
Section 2-3-1903
Commission
- duties
- report
(1)
The commission shall recommend standards in compliance with state and federal law for all aspects of jail operations as follows:(a)
Reception and release, including:(I)
Identifying the arresting, transporting, or committing officer;(II)
Recording inmate information in a booking and identification record for every commitment;(III)
Identifying inmates during reception by photograph, identification bracelet, or other means;(IV)
Providing access to telephones after the reception process;(V)
Searching, confiscating, inventorying, and securing of unauthorized items;(VI)
Confiscation, counting, and securing of money or any form of currency;(VII)
Securing the inmate’s signature and requirements for witness signatures on a completed inventory of items and money confiscated;(VIII)
Strip searches and body cavity searches consistent with Colorado law;(IX)
Determining when an inmate should receive a shower;(X)
Providing inmates with clean uniform clothing or standards for wearing personal clothing;(XI)
The amount of time inmates are confined in the reception area;(XII)
The possession of money by inmates, including provisions to prevent inmate gambling, theft, and extortion;(XIII)
Providing inmates with a list of generally applicable inmate rules;(XIV)
Assisting inmates in understanding these rules if there are literacy or language obstacles;(XV)
Obtaining signed acknowledgment from inmates of receipt and understanding of rules;(XVI)
Ensuring the safety of male, female, and nonbinary inmates during reception;(XVII)
Verifying inmates’ identification and release documentation;(XVIII)
Documenting an inmate’s release to another agency;(XIX)
Obtaining a receipt from the inmate or the receiving officer, as appropriate, for all property returned at the time of release or transfer;(XX)
Confining juveniles when permitted by court order pursuant to section 19-2.5-305;(XXI)
Screening and assessment for physical disabilities, mental or behavioral health disorders, traumatic brain injuries, or developmental disabilities;(XXII)
Providing accommodations for people with disabilities as required by all applicable state and federal law; and(XXIII)
Considering age as a factor in the classification of inmates;(b)
Classification of inmates, including:(I)
A written inmate classification system that specifies the criteria and procedures for determining and changing the classification of inmates to determine the level of custody required, special needs, housing assignment, and participation in programming;(II)
Housing male, female, and nonbinary inmates separately by sight and touch, and out of range of normal conversation with each other;(III)
Supervising male, female, and nonbinary inmates when placed together for programming, transportation, or other similar activities;(IV)
Housing violent and nonviolent inmates separately;(V)
Supervising violent and nonviolent inmates when placed together for programming, transportation, or other similar activities;(VI)
Housing juvenile and adult inmates separately;(VII)
Supervising juvenile and adult inmates when placed together for programming, dining, transportation, or other similar activities;(VIII)
Ensuring juvenile inmates have access to large-muscle exercise, education, work opportunities, and other developmentally appropriate programming;(IX)
Evaluating and selecting inmates for work while incarcerated;(X)
Housing inmates participating in work or educational release programs separately from the general population; and(XI)
Establishing the acceptable personal and hygiene items provided to inmates in the general population;(c)
Security, including:(I)
Establishing a security perimeter;(II)
Establishing a secure booking and release area;(III)
If installed, ensuring closed-circuit televisions are operational and preclude the monitoring of shower, toilet, and clothing exchange areas;(IV)
Two-way communications between central control, staffed posts, and inmate-occupied areas;(V)
Having equipment necessary to maintain utilities, communications, security, life-saving devices, and fire protection in an emergency and schedules to test, repair, and replace equipment in a timely manner;(VI)
Procedures governing availability, control inventory, storage, and use of firearms, less-than-lethal devices, and related security devices and specifying the level of authority required for their access and use;(VII)
Use of and authorization for chemical agents and electrical disablers;(VIII)
Restrictions for access to storage areas;(IX)
Separating storage space from inmate housing or activity areas;(X)
Ensuring the safety of male, female, and nonbinary inmates during reception;(XI)
Inmate searches when inmates enter or leave the jail’s security perimeter to control contraband;(XII)
Procedures and practices governing strip and body cavity searches;(XIII)
Emergency plans, including training for jail personnel in the implementation of emergency plans, and procedures to be followed in situations that threaten jail security;(XIV)
Logging routine information, emergency situations, and unusual incidents;(XV)
Counting to verify each inmate’s physical presence and identification, including the number of official daily counts, reconciliation of jail counts, and recording of jail counts;(XVI)
Personal observation checks of inmates, including regular and variable timing of such checks and documentation of such checks;(XVII)
Policies for addressing the management of inmates with specialized physical and mental or behavioral health needs;(XVIII)
Use of physical and mechanical restraints, including authorizing use of physical restraints and monitoring and recording the checks of inmates in restraints;(XIX)
Defining justifiable self-defense, preventing self-inflicted harm, protection of others, riot prevention, discharge of a firearm or other weapon, escape or other crime, and controlling or subduing an inmate who refuses to obey a staff command or order;(XX)
Defining de-escalation strategies and the limits of the amount of force necessary to control a given situation, and specifying that in no circumstance is physical force to be used as punishment;(XXI)
Specifying that an examination, treatment, and photographic documentation by qualified health-care personnel is provided to inmates or staff involved in a use of force incident when there is obvious physical injury or there is a complaint of injury or request for medical attention;(XXII)
Specifying when and how an incident will be recorded and reviewed by the jail administrator or designee;(XXIII)
Searches of jails and inmates to control contraband;(XXIV)
Timing for inspecting inmate-accessible areas;(XXV)
Timing for a security inspection of the jail;(XXVI)
Notifying the jail administrator or designee of any discovered contraband or physical security deficiencies;(XXVII)
Documenting the disposition of contraband and the remediation of physical security deficiencies;(XXVIII)
Controlling inmate movement from one area to another;(XXIX)
Staff supervision and searches of an inmate performing work;(XXX)
Ensuring an inmate is not given control of or authority over any other inmate, security function, or service activity;(XXXI)
Requiring same-gender and cross-gender supervision guidelines;(XXXII)
Controlling and inventorying keys, tools, and culinary equipment;(XXXIII)
Ensuring toxic, corrosive, and flammable substances and tools are secured, used only by authorized persons, used by inmates only under direct supervision, and used only in accordance with the manufacturer’s instructions; and(XXXIV)
Requirements that each jail have policies governing staff discipline, including complaints against officers, that are available for public inspection;(d)
Housing, including:(I)
Sufficient space standards regarding square footage and maximum occupancy figures for all housing and holding areas, including holding cells, housing cells, dormitories, day rooms, and eating areas;(II)
Sufficient seating for all holding areas, holding cells, housing cells, dormitories, day rooms, and eating areas for each inmate;(III)
Air circulation for housing cells;(IV)
Temperature standards and mechanical controls for acceptable comfort levels;(V)
Access to sanitation facilities without staff assistance;(VI)
A minimum number of toilet facilities, shower facilities, and wash basins for a specified number of occupants;(VII)
Water temperature standards and controls;(VIII)
Maximum noise levels measured in decibels and standards for measurements to ensure compliance;(IX)
Natural light provided in housing units, dorms, cells, and day spaces; and(X)
Standards for suspending and reinstating inmate access to clothing, beds, bedding, toilets, lavatories, and showers by the jail administrator or designee;(e)
Sanitation and environmental conditions, including:(I)
Providing inmates with hygiene items at intake and replacement items to indigent inmates;(II)
Safety and sanitary standards for all areas of the jail, including food service and laundry areas;(III)
Defining staff and inmate housekeeping responsibilities, including daily cleaning of toilets, urinals, sinks, drinking facilities, and showers in areas occupied by inmates, and disposal of garbage;(IV)
Timing and processes for inspecting for sanitation and vermin;(V)
Maintenance and repairs;(VI)
Inspections by local or state health authorities;(VII)
Nighttime lighting of grounds, walkways, driveways, and parking areas;(VIII)
Interior lighting standards;(IX)
Bedding and mattress standards, including that the bedding and mattress are in good repair and cleaned prior to being reissued;(X)
Timing and documentation for the exchange and laundering of bed linens, blankets, towels, clothing, and undergarments;(XI)
Timing to clean mattresses;(XII)
A requirement that when soiled, bedding, mattresses, towels, and clothing be exchanged or cleaned;(XIII)
Inmate haircuts;(XIV)
Shaving equipment and supplies and documenting issuance and retrieval of shaving equipment; and(XV)
Timing of inspection by a certified local or state fire safety inspector applying the applicable jurisdictional and state fire code, requirements for a written fire safety plan approved by local fire officials that is reviewed annually and updated as needed, requirements for training in jail fire safety equipment, requirements for fire drills, requirements for jail furnishings to meet fire safety performance standards, and requirements for jail exits to be clear and that evacuation routes be posted or clearly marked throughout the jail;(f)
Communication, including:(I)
Delivering incoming or outgoing mail or correspondence via the postal service;(II)
Opening and inspecting incoming inmate mail, correspondence, and packages to intercept nonpermitted items;(III)
Opening and inspecting outgoing mail;(IV)
Documenting procedures for the appropriate disposition of intercepted items;(V)
Permitting legal mail or correspondence to be opened and inspected in the presence of the inmate to intercept contraband;(VI)
Circumstances in which mail, correspondence, and packages are withheld or rejected, including notification to the inmate;(VII)
Writing materials, envelopes, and postage for indigent inmates;(VIII)
Inmate e-mail service;(IX)
Inmate telephone service; and(X)
Access to legal counsel;(g)
Visitation, including:(I)
A secure visiting area, including standards for physically separating the inmate and visitor and capabilities for two-way conversations and nonobscured visits or video visits;(II)
Seating in the visitation area;(III)
Identification requirements for visitors;(IV)
Registry requirements for visitors;(V)
General visitation hours;(VI)
Video visitation hours;(VII)
Visitor security protocols to prevent contraband from entering the jail;(VIII)
Visit restrictions based on threats to safety or security;(IX)
Monitoring and recording visits, phone calls, and electronic communications; and(X)
Professional visits by legal counsel or clergy, including measures to protect confidentiality;(h)
Health care, mental and behavioral health care, and dental care, including:(I)
All levels of health care, mental and behavioral health care, and dental care that assure quality, accessibility, and timely services for inmates;(II)
Arranging care from an appropriate outside provider when care is not available at the jail;(III)
Requiring that medical, mental, and behavioral health decisions and actions are made only by qualified health-care and mental and behavioral health-care professionals;(IV)
Requiring that an inmate is not denied necessary care;(V)
Requiring that all examinations, treatments, and procedures are governed by informed consent practices applicable in the jail’s jurisdiction;(VI)
Requiring that the jail assess the health of each inmate at intake and on an ongoing basis and create a plan to provide continuity of care for inmates who are being treated for a health condition;(VII)
Providing emergency care, sick checks, and physical health care, mental and behavioral health care, and dental care that ensures needs are:(A)
Addressed in a timely manner;(B)
Recorded and maintained on file; and(C)
Reviewed by qualified health-care personnel with treatment or follow-up provided;(VIII)
Dispensing and administering prescribed medications, including:(A)
Requiring that health-trained personnel or professionally trained personnel dispense and administer medications;(B)
Requiring adequate management of controlled medications;(C)
Providing medication to inmates in special management units;(D)
Requiring the applicable informed consent practices in the jail’s jurisdiction be followed; and(E)
Developing a standardized formulary and a process for accessing medications not listed when medically necessary;(IX)
Reducing suicide by identifying at-risk inmates and training staff members on how to recognize verbal and behavioral cues that indicate potential suicide and how to respond appropriately;(X)
Providing infectious disease control;(XI)
Providing care for pregnant inmates; and(XII)
Assessing and reporting inmate deaths;(i)
Food service, including:(I)
Nutritional standards;(II)
Timing and frequency of meals;(III)
Special diets; and(IV)
Safe storage and preparation of food;(j)
Recreation and programming, including:(I)
Regular access to exercise and equipment for inmates;(II)
Television viewing and table games;(III)
Reading materials;(IV)
Treatment for alcohol and drug abuse;(V)
Academic training;(VI)
Psychological and social services and other community services; and(VII)
Religious practice;(k)
Inmate disciplinary processes, including:(I)
Standards for restrictive housing;(II)
Prohibited acts or conduct, degrees of violations, ranges of penalties, and disciplinary hearing procedures;(III)
A sanction schedule for rule violations;(IV)
Establishing fundamental rights for inmates that cannot be suspended except in an emergency or other condition beyond the control of the jail administrator;(V)
Banning the use of corporal punishment, discipline administered by inmates, and withholding food from inmates;(VI)
Circumstances under which a disciplinary hearing is conducted;(VII)
Pre-disciplinary hearing requirements;(VIII)
Establishing a minimum period after receiving written notification of a rule violation to allow an inmate to prepare for the disciplinary hearing;(IX)
Disciplinary hearing requirements that include ensuring due process protections are afforded; and(X)
The opportunity to appeal disciplinary actions to the jail administrator or designee;(l)
Restrictive housing, including:(I)
Written policies and procedures governing the restrictive housing of inmates from the general population;(II)
Banning the use of restrictive housing as a penalty;(III)
Circumstances when restrictive housing may be used to separate an inmate from the general population;(IV)
Written notifications of restrictive housing to the inmate; and(V)
Timing for review of restrictive housing;(m)
Inmate grievances, including:(I)
Establishing a written grievance procedure for inmates with at least one level of appeal; and(II)
Prohibiting retaliation by staff based on an inmate grievance;(n)
Jail staffing, including:(I)
Qualifications for staff to supervise and control inmates;(II)
Pre-employment background checks;(III)
Standardized performance reviews;(IV)
Staffing plans;(V)
Posts and functions;(VI)
Gender of staff;(VII)
Review of staffing plans;(VIII)
Requiring review of the staffing plans at least once a year by the jail administrator and revised as needed;(IX)
Volunteer policies;(X)
Code of ethics; and(XI)
Staff training standards for all levels of employees; and(o)
Inmate prerogatives regarding:(I)
Expression and communication;(II)
Religious practice;(III)
Access to the courts;(IV)
Access to legal counsel, including the ability for legal counsel to contact a client by scheduling a telephone or video meeting;(V)
Access to legal materials and disability rights;(VI)
Access to the media;(VII)
Standards for when access to education is appropriate; and(VIII)
Disciplinary action and use of force.(2)
The commission shall complete a report that includes its recommendations regarding the feasability of jails of various sizes and their ability to implement the recommendations and present it to the committee for approval by November 15, 2023. The director of research of the legislative council shall supply staff assistance to the commission, including assisting with completing the report. The director of research of the legislative council shall not supply staff assistance to any subcommittees created by the commission.
Source:
Section 2-3-1903 — Commission - duties - report, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-02.pdf (accessed Oct. 20, 2023).
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