Senate Committee of Reference Report
Committee on State, Veterans, & Military Affairs
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April 22, 2025
After consideration on the merits, the Committee recommends the following:
HB25-1013 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend reengrossed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. In Colorado Revised Statutes, add 17-20-130 as
Page 1, Line 4follows:
Page 1, Line 517-20-130. Visitation in correctional facilities - department
Page 1, Line 6policies - reporting - legislative declaration - definitions. (1) As used
Page 1, Line 7in this section, unless the context otherwise requires:
Page 1, Line 8(a) "Class 1 code of penal discipline violation" means a
Page 1, Line 9violation of an offense described as a class 1 offense in the code
Page 1, Line 10of penal discipline adopted by the department.
Page 1, Line 11(b) "Deprive" means to deny access to any form of
Page 1, Line 12visitation.
Page 1, Line 13(c) "Visitation" means all types of social visits with a
Page 1, Line 14person confined in a correctional facility, including contact
Page 1, Line 15visits, non-contact visits, family time visits, phone calls, and
Page 1, Line 16video visitation. "Visitation" does not include visits that are not
Page 1, Line 17social visits, such as visits from a qualified health-care
Page 1, Line 18professional or from a person's attorney.
Page 1, Line 19(2) A person confined in a correctional facility has
Page 1, Line 20visitation rights.
Page 1, Line 21(3) (a) Except as expressly permitted in this section, the
Page 1, Line 22department shall not:
Page 1, Line 23(I) Deprive a person of visitation rights while the person
Page 1, Line 24is in restrictive housing or is subject to restricted privileges; or
Page 1, Line 25(II) Deprive a visitor of the ability to visit a person
Page 1, Line 26confined in a correctional facility so long as the confined
Page 1, Line 27person agrees to the visit and the visitor and the confined
Page 1, Line 28person comply with all of the department's visitation policies.
Page 1, Line 29(4) (a) (I) The department may limit a confined person's
Page 2, Line 1contact visits:
Page 2, Line 2(A) Based on the person's restricted housing status; and
Page 2, Line 3(B) As a sanction if the person has been convicted of a
Page 2, Line 4class 1 code of penal discipline violation.
Page 2, Line 5(II) The department shall not limit a confined person's
Page 2, Line 6contact visits pursuant to this subsection (4)(a) for more than
Page 2, Line 7thirty consecutive calendar days.
Page 2, Line 8(b) (I) The department may reduce the number of in-person
Page 2, Line 9visits available per week to a confined person as a result of an
Page 2, Line 10increase in the person's custody classification level consistent
Page 2, Line 11with the department's visitation policies in effect on the
Page 2, Line 12effective date of this section.
Page 2, Line 13(II) Video visits are considered non-contact visits and may
Page 2, Line 14supplement, but must not take the place of, in-person visits when
Page 2, Line 15in-person visits are permitted.
Page 2, Line 16(c) The department may temporarily deprive visitation as
Page 2, Line 17necessary for facility operations or for the safety of the
Page 2, Line 18facility, persons in the facility, and the general public,
Page 2, Line 19including, but not limited to, facility disruptions, disasters, and
Page 2, Line 20unplanned life safety events or altercations. The department
Page 2, Line 21may temporarily deprive visitation pursuant to this subsection
Page 2, Line 22(4)(c) only for the duration necessary for facility operations or
Page 2, Line 23safety.
Page 2, Line 24(5) Notwithstanding any provision of this section to the
Page 2, Line 25contrary, the department may temporarily deny or cancel any
Page 2, Line 26visitation at any time as necessary for the safe operation of the
Page 2, Line 27facility or the safety of persons in the facility. The department
Page 2, Line 28shall document the denial or cancellation of visitation made
Page 2, Line 29pursuant to this subsection (5).
Page 2, Line 30(6) If a person confined in a correctional facility provides
Page 2, Line 31the department with reasonable notice that a requested
Page 2, Line 32visitation is for virtual attendance at a funeral or virtual
Page 2, Line 33attendance during or immediately following the birth of a child
Page 2, Line 34in the person's family, the department shall make all
Page 2, Line 35reasonable efforts consistent with the safety of the facility
Page 2, Line 36and general public, and with the technology available at the
Page 2, Line 37correctional facility and the event, to allow the person to
Page 2, Line 38participate in the visitation. If the technology to facilitate
Page 2, Line 39virtual attendance at the event is not available, the
Page 2, Line 40department may comply with this subsection (6) by allowing the
Page 2, Line 41person a phone call as an alternative to virtual attendance.
Page 2, Line 42(7) (a) The department may adopt policies to govern the
Page 2, Line 43administration of visitation, including policies necessary to
Page 3, Line 1allow for visitation as part of routine facility operations. If the
Page 3, Line 2department adopts policies, the policies must include criteria
Page 3, Line 3detailing, with the greatest specificity feasible, when the
Page 3, Line 4department may cancel visits or deny access to a visitor. If the
Page 3, Line 5department adopts policies, the policies must also include a
Page 3, Line 6process for the department to notify visitors and confined
Page 3, Line 7persons when the department denies or cancels a visit with the
Page 3, Line 8most possible notice and with specificity for the reason for
Page 3, Line 9denying or cancelling the visit.
Page 3, Line 10(b) Before adopting, amending, or repealing policies
Page 3, Line 11described in this subsection (7), the department shall consult
Page 3, Line 12with the certified employee organization that represents
Page 3, Line 13department employees pursuant to part 11 of article 50 of title
Page 3, Line 1424.
Page 3, Line 15(8) This section does not:
Page 3, Line 16(a) Alter the requirements for visitors in section 17-19-101
Page 3, Line 17related to visitor searches;
Page 3, Line 18(b) Alter the requirements related to voice penal
Page 3, Line 19communications services described in section 17-42-103; or
Page 3, Line 20(c) Affect family time policies adopted pursuant to section
Page 3, Line 2117-42-105 (6)(a) that do not conflict with this section.
Page 3, Line 22(9) (a) Nothing in this section creates a private right of
Page 3, Line 23action.
Page 3, Line 24(b) The department shall permit a person confined in a
Page 3, Line 25correctional facility who is deprived of visitation to file a
Page 3, Line 26grievance in accordance with department policies, which must
Page 3, Line 27comply with federal law concerning access to courts by
Page 3, Line 28confined persons. The department shall not deny a person the
Page 3, Line 29ability to file a grievance because the person is in restrictive
Page 3, Line 30housing or is subject to restricted privileges.
Page 3, Line 31(c) Following exhaustion of administrative remedies
Page 3, Line 32through the department's grievance procedures, a person
Page 3, Line 33confined in a correctional facility may seek judicial review of
Page 3, Line 34a denial of rights provided in this section in accordance with the
Page 3, Line 35Colorado rules of civil procedure.
Page 3, Line 36(10) Beginning in January 2026, and in January every year
Page 3, Line 37thereafter, the department shall include, as part of its
Page 3, Line 38presentation during its"SMART Act" hearing required by section
Page 3, Line 392-7-203, information concerning:
Page 3, Line 40(a) The total number of grievances filed during the prior
Page 3, Line 41year related to visitation; and
Page 3, Line 42(b) Any changes to the department's visitation program
Page 3, Line 43made in accordance with the commitment described in subsection
Page 4, Line 1(11) of this section.
Page 4, Line 2(11) The general assembly finds and declares that:
Page 4, Line 3(a) It recognizes the department's understanding and
Page 4, Line 4support of the importance of a person maintaining family
Page 4, Line 5connections while incarcerated; and
Page 4, Line 6(b) The department commits to:
Page 4, Line 7(I) Taking reasonable measures to increase visitation
Page 4, Line 8hours in correctional facilities when possible;
Page 4, Line 9(II) Taking reasonable measures to improve the
Page 4, Line 10department's ability to track visitation restrictions and make
Page 4, Line 11data related to visitation available;
Page 4, Line 12(III) Taking reasonable measures to increase available
Page 4, Line 13visitation technology in correctional facilities when possible;
Page 4, Line 14(IV) Allocating reasonable time during regularly
Page 4, Line 15scheduled public citizen advocacy meetings to discuss desired
Page 4, Line 16improvements to the visitation program and taking reasonable
Page 4, Line 17measures to implement suggestions from citizens and advocates
Page 4, Line 18when possible; and
Page 4, Line 19(V) Reviewing the department's visitation policies,
Page 4, Line 20including dress code; making reasonable efforts to update
Page 4, Line 21policies to support the most visitation and family connection
Page 4, Line 22possible; and aligning implementation of the department's
Page 4, Line 23visitation and related policies across correctional facilities.
Page 4, Line 24SECTION 2. In Colorado Revised Statutes, 17-42-103, amend
Page 4, Line 25(1.5) introductory portion as follows:
Page 4, Line 2617-42-103. Policies concerning inmates' use of telephones -
Page 4, Line 27excessive rates prohibited - transparency of communications services
Page 4, Line 28in correctional facilities - report - definitions. (1.5) In administering
Page 4, Line 29the use of penal communications services pursuant to subsection (1) of
Page 4, Line 30this section, access to penal communications services must not be limited
Page 4, Line 31beyond what is necessary for routine facility operations except as
Page 4, Line 32permitted in section 17-20-130. The department shall provide penal
Page 4, Line 33communications services, excluding video calls or electronic mail or
Page 4, Line 34messaging, free of charge to the person initiating and the person receiving
Page 4, Line 35the penal communications service, and implement the provision of free
Page 4, Line 36penal communication services, excluding video calls or electronic mail
Page 4, Line 37or messaging, according to the following timeline:
Page 4, Line 38SECTION 3. Safety clause. The general assembly finds,
Page 4, Line 39determines, and declares that this act is necessary for the immediate
Page 4, Line 40preservation of the public peace, health, or safety or for appropriations for
Page 4, Line 41the support and maintenance of the departments of the state and state
Page 4, Line 42institutions.".