House Bill 26-1039 Introduced

A Bill for an Act

• Page 1, Line 101Concerning requirements for municipal jails.

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 requires municipal jails to comply with existing jail data collection requirements, standards, and oversight. The bill limits a municipal jail to holding a person for no longer than 72 hours.

The bill requires a keeper of a municipal jail to take all reasonable steps, prioritizing the health and welfare of the pregnant person, to release a pregnant person from custody if jail staff have a reasonable belief the person is in labor. If the pregnant person in labor is not released, the use of restraints is prohibited during the labor, delivery, and postpartum recovery and the jail staff shall make a written record that the labor, delivery, and postpartum recovery occurred at the jail.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, amend 2-3-1901.5

• Page 2, Line 3as follows:

• Page 2, Line 42-3-1901.5.  Jail standards compliance.

• Page 2, Line 5Each county jail shall comply with the standards adopted by the

• Page 2, Line 6legislative oversight committee pursuant to section 2-3-1901 (2).

• Page 2, Line 7beginning July 1, 2026. Each municipal jail, as described in section

• Page 2, Line 831-15-401, shall comply with the standards adopted by the

• Page 2, Line 9committee, beginning July 1, 2027. The committee shall post the

• Page 2, Line 10standards on its website. If the committee revises a jail standard, each

• Page 2, Line 11county jail and municipal jail shall comply with the revised standard no

• Page 2, Line 12later than one year after the revision is adopted, or earlier if specified by

• Page 2, Line 13the committee when adopting the revision. A county jail or municipal

• Page 2, Line 14jail does not have to comply with a standard or revised standard if it

• Page 2, Line 15receives a variance from the standard pursuant to section 30-10-530

• Page 2, Line 16(5)(g).

• Page 2, Line 17SECTION 2.  In Colorado Revised Statutes, add 17-26-101.5 as

• Page 2, Line 18follows:

• Page 2, Line 1917-26-101.5.  Jail operated by city.

• Page 2, Line 20A municipal jail, as described in section 31-15-401, operated

• Page 2, Line 21by a city government must comply with all provisions in this

• Page 2, Line 22article 26 and must be maintained at the expense of the city. A

• Page 2, Line 23city may accept and expend funds to maintain a municipal jail. A

• Page 2, Line 24municipal jail shall not hold a person for more than

• Page 3, Line 1seventy-two hours. Nothing in this article 26 compels the

• Page 3, Line 2erection of a jail in a city.

• Page 3, Line 3SECTION 3.  In Colorado Revised Statutes, amend 17-26-104.7

• Page 3, Line 4as follows:

• Page 3, Line 517-26-104.7.  Prohibition against the use of restraints on

• Page 3, Line 6pregnant persons in custody.

• Page 3, Line 7(1) (a)  The staff of a county or municipal jail, in restraining a

• Page 3, Line 8woman person who is committed, detained, or confined to the a county

• Page 3, Line 9or municipal jail, shall use the least restrictive restraints necessary to

• Page 3, Line 10ensure safety if the staff of the county or municipal jail have a

• Page 3, Line 11reasonable belief that the woman person is pregnant. For the use of

• Page 3, Line 12restraints during labor, delivery, and postpartum recovery in a county

• Page 3, Line 13jail, the staff shall comply with the "Protection of Individuals from

• Page 3, Line 14Restraint and Seclusion Act", article 20 of title 26. Despite the release

• Page 3, Line 15requirement in subsection (1)(b) of this section, if labor,

• Page 3, Line 16delivery, or postpartum recovery occurs at a municipal jail, use

• Page 3, Line 17of restraints is prohibited during the labor, delivery, and

• Page 3, Line 18postpartum recovery.

• Page 3, Line 19(b)  The keeper of the municipal jail shall release a

• Page 3, Line 20pregnant person from custody if the staff of the municipal jail

• Page 3, Line 21have a reasonable belief the person is in labor, unless remaining

• Page 3, Line 22in custody is necessary for the health or welfare of the

• Page 3, Line 23pregnant person. The keeper of the jail shall offer the person

• Page 3, Line 24transportation to the hospital and release the person on an

• Page 3, Line 25unsecured personal recognizance bond with no other conditions

• Page 3, Line 26returnable to the municipal court.

• Page 3, Line 27(2) (a)  Repealed.

• Page 4, Line 1(b)  The county or municipal jail or medical facility staff

• Page 4, Line 2authorizing the use of restraints on a pregnant person during labor or

• Page 4, Line 3delivery of the child shall make a written record of the use of the

• Page 4, Line 4restraints, which record shall must include, at a minimum, the type of

• Page 4, Line 5restraint used, the circumstances that necessitated the use of the restraint,

• Page 4, Line 6and the length of time the restraint was used. Notwithstanding the

• Page 4, Line 7release requirement described in subsection (1)(b) of this

• Page 4, Line 8section, if labor, delivery, or postpartum recovery occurs at a

• Page 4, Line 9municipal jail for the health or welfare of the pregnant person,

• Page 4, Line 10the municipal jail staff shall make a written record, which must

• Page 4, Line 11include, at a minimum, whether labor, delivery, or postpartum

• Page 4, Line 12recovery occurred at the municipal jail and the date and time it

• Page 4, Line 13occurred. The sheriff or, for a municipal jail, the keeper of the

• Page 4, Line 14municipal jail shall retain the record for a minimum of five years and

• Page 4, Line 15shall make the record available for public inspection with individually

• Page 4, Line 16identifying information redacted from the record unless the person who

• Page 4, Line 17is the subject of the record gives prior written consent for the public

• Page 4, Line 18release of the record. The written record of the use of restraint shall does

• Page 4, Line 19not constitute a medical record under state or federal law. No later than

• Page 4, Line 20February 15, 2022 February 15, 2027, and each February 15 thereafter,

• Page 4, Line 21the sheriff or keeper of the municipal jail shall submit the records

• Page 4, Line 22created pursuant to this subsection (2)(b) in the prior calendar year to the

• Page 4, Line 23judiciary committees of the senate and house of representatives, or their

• Page 4, Line 24successor committees.

• Page 4, Line 25(3)  Upon return to a county jail after childbirth, the woman shall

• Page 4, Line 26be person who gave birth is entitled to have a member of the county

• Page 4, Line 27jail's or county's medical staff present during any strip search.

• Page 5, Line 1(4)  When a woman's person's pregnancy is determined, the staff

• Page 5, Line 2of a county or municipal jail shall inform a the pregnant woman

• Page 5, Line 3person committed, detained, or confined in a county or municipal jail

• Page 5, Line 4in writing in a language and in a manner understandable to the woman

• Page 5, Line 5pregnant person of the provisions of this section concerning the use of

• Page 5, Line 6restraints, and the presence of medical staff during a strip search, and,

• Page 5, Line 7for people in labor and in custody of the municipal jail, the right

• Page 5, Line 8to be released.

• Page 5, Line 9(5)  Each sheriff shall ensure that staff of the county jail receive

• Page 5, Line 10adequate training concerning the provisions of this section. Each keeper

• Page 5, Line 11of a municipal jail from a city with a municipal jail shall ensure

• Page 5, Line 12that staff of the municipal jail receive adequate training

• Page 5, Line 13concerning the provisions of this section.

• Page 5, Line 14SECTION 4.  In Colorado Revised Statutes, 17-26-118, amend

• Page 5, Line 15(1)(f) as follows:

• Page 5, Line 1617-26-118.  Criminal justice data collection - definitions.

• Page 5, Line 17(1)  As used in this section, unless the context otherwise requires:

• Page 5, Line 18(f)  "Jail facility" means any building, structure, enclosure,

• Page 5, Line 19institution, or place, whether permanent or temporary, fixed or mobile,

• Page 5, Line 20where persons are or may be lawfully held in custody or confined, that is

• Page 5, Line 21operated by a county, city, or city and county.

• Page 5, Line 22SECTION 5.  In Colorado Revised Statutes, add 17-26-126.5 as

• Page 5, Line 23follows:

• Page 5, Line 2417-26-126.5.  Council members to examine city jail.

• Page 5, Line 25If a city has a municipal jail that is maintained and

• Page 5, Line 26operated by the city government, the governing body members

• Page 5, Line 27shall, as often as they deem necessary but at least once a year,

• Page 6, Line 1personally examine the municipal jail. The governing body

• Page 6, Line 2members shall examine the jail's management and sufficiency

• Page 6, Line 3and correct all irregularities and improprieties found during

• Page 6, Line 4their examination.

• Page 6, Line 5SECTION 6.  In Colorado Revised Statutes, 24-31-118, amend

• Page 6, Line 6(1)(a), (1)(c), (1)(d), and (2) as follows:

• Page 6, Line 724-31-118.  Jail standard assessments - repeal.

• Page 6, Line 8(1) (a)  The attorney general, in collaboration with the advisory

• Page 6, Line 9committee, pursuant to section 30-10-530 (5)(d), may conduct

• Page 6, Line 10assessments of each county jail and municipal jail to identify gaps and

• Page 6, Line 11deficiencies based on the jail standards.

• Page 6, Line 12(c)  An elected sheriff or a keeper of a municipal jail may

• Page 6, Line 13request that the attorney general conduct a special assessment of a jail that

• Page 6, Line 14the sheriff or keeper of the municipal jail oversees to determine

• Page 6, Line 15whether the jail meets the jail standards. The attorney general may

• Page 6, Line 16conduct the special assessment if the attorney general has sufficient

• Page 6, Line 17appropriations to cover the costs. The attorney general may request an

• Page 6, Line 18appropriation during the figure setting process to conduct special

• Page 6, Line 19assessments.

• Page 6, Line 20(d)  The attorney general may enter into a memorandum of

• Page 6, Line 21understanding, collaborate, or enter into an agreement with a county

• Page 6, Line 22sheriff or keeper of a municipal jail, except for a county sheriff or

• Page 6, Line 23keeper of a municipal jail whose jail is being evaluated, or establish

• Page 6, Line 24some other peer review group structure to assist in conducting the

• Page 6, Line 25assessments and reports described in section 24-31-118 (1) and (2) this

• Page 6, Line 26subsection (1) and subsection (2) of this section.

• Page 6, Line 27(2)  The attorney general's office shall create a report for each of

• Page 7, Line 1the jails assessed by the attorney general's office and provide the report

• Page 7, Line 2to the sheriff or keeper of a municipal jail whose jail was assessed; the

• Page 7, Line 3oversight committee; the board of county commissioners in the county

• Page 7, Line 4where the jail is located or, for a municipal jail, the governing body

• Page 7, Line 5in the city where the jail is located; the county sheriffs of Colorado;

• Page 7, Line 6and the governor. The report may include methodology, relevant data,

• Page 7, Line 7recommendations, and technical assistance to meet the jail standards. A

• Page 7, Line 8report produced pursuant to this section is not subject to the "Colorado

• Page 7, Line 9Open Records Act", part 2 of article 72 of this title 24. The attorney

• Page 7, Line 10general may release a report at the attorney general's discretion, and a

• Page 7, Line 11county sheriff or keeper of the municipal jail may release a report

• Page 7, Line 12relating to the county sheriff's or keeper of the municipal jail's jail

• Page 7, Line 13after consent from the attorney general's office.

• Page 7, Line 14SECTION 7.  In Colorado Revised Statutes, 26-20-102, amend

• Page 7, Line 15(1)(a)(VII); and add (1)(a)(VIII) as follows:

• Page 7, Line 1626-20-102.  Definitions.

• Page 7, Line 17As used in this article 20, unless the context otherwise requires:

• Page 7, Line 18(1) (a)  "Agency" means:

• Page 7, Line 19(VII)  A county jail, as described in section 17-26-101, for

• Page 7, Line 20restraints on a pregnant person in labor, delivery, or postpartum recovery;

• Page 7, Line 21or

• Page 7, Line 22(VIII)  A municipal jail, as described in section 17-26-101.5,

• Page 7, Line 23for restraints on a pregnant person in labor, delivery, or

• Page 7, Line 24postpartum recovery.

• Page 7, Line 25SECTION 8.  Act subject to petition - effective date. This act

• Page 7, Line 26takes effect at 12:01 a.m. on the day following the expiration of the

• Page 7, Line 27ninety-day period after final adjournment of the general assembly (August

• Page 8, Line 112, 2026, if adjournment sine die is on May 13, 2026); except that, if a

• Page 8, Line 2referendum petition is filed pursuant to section 1 (3) of article V of the

• Page 8, Line 3state constitution against this act or an item, section, or part of this act

• Page 8, Line 4within such period, then the act, item, section, or part will not take effect

• Page 8, Line 5unless approved by the people at the general election to be held in

• Page 8, Line 6November 2026 and, in such case, will take effect on the date of the

• Page 8, Line 7official declaration of the vote thereon by the governor.