A Bill for an Act
Page 1, Line 101Concerning social visitation rights for a person confined in
Page 1, Line 102a correctional facility.
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 establishes social visitation as a right for a person confined in a correctional facility. The department of corrections (department) may adopt rules to govern the administration of social visitation but shall not restrict social visitation beyond what is necessary for routine facility operations or for the safety of the facility and public. The bill requires the department to permit a person to file a grievance with the department if the person is not being allowed social visitation.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 17-20-130 as
Page 2, Line 3follows:
Page 2, Line 417-20-130. Visitation in correctional facilities - department
Page 2, Line 5policies - reporting - legislative declaration - definitions. (1) As used
Page 2, Line 6in this section, unless the context otherwise requires:
Page 2, Line 7(a) "Class 1 code of penal discipline violation" means a
Page 2, Line 8violation of an offense described as a class 1 offense in the code
Page 2, Line 9of penal discipline adopted by the department.
Page 2, Line 10(b) "Deprive" means to deny access to any form of
Page 2, Line 11visitation.
Page 2, Line 12(c) "Visitation" means all types of social visits with a
Page 2, Line 13person confined in a correctional facility, including contact
Page 2, Line 14visits, non-contact visits, family time visits, phone calls, and
Page 2, Line 15video visitation. "Visitation" does not include visits that are not
Page 2, Line 16social visits, such as visits from a qualified health-care
Page 2, Line 17professional or from a person's attorney.
Page 2, Line 18(2) A person confined in a correctional facility has
Page 2, Line 19visitation rights.
Page 2, Line 20(3) (a) Except as expressly permitted in this section, the
Page 2, Line 21department shall not:
Page 2, Line 22(I) Deprive a person of visitation rights while the person
Page 2, Line 23is in restrictive housing or is subject to restricted privileges; or
Page 2, Line 24(II) Deprive a visitor of the ability to visit a person
Page 2, Line 25confined in a correctional facility so long as the confined
Page 3, Line 1person agrees to the visit and the visitor and the confined
Page 3, Line 2person comply with all of the department's visitation policies.
Page 3, Line 3(4) (a) (I) The department may limit a confined person's
Page 3, Line 4contact visits:
Page 3, Line 5(A) Based on the person's restricted housing status; and
Page 3, Line 6(B) As a sanction if the person has been convicted of a
Page 3, Line 7class 1 code of penal discipline violation.
Page 3, Line 8(II) The department shall not limit a confined person's
Page 3, Line 9contact visits pursuant to this subsection (4)(a) for more than
Page 3, Line 10thirty consecutive calendar days.
Page 3, Line 11(b) (I) The department may reduce the number of in-person
Page 3, Line 12visits available per week to a confined person as a result of an
Page 3, Line 13increase in the person's custody classification level consistent
Page 3, Line 14with the department's visitation policies in effect on the
Page 3, Line 15effective date of this section.
Page 3, Line 16(II) Video visits are considered non-contact visits and may
Page 3, Line 17supplement, but must not take the place of, in-person visits when
Page 3, Line 18in-person visits are permitted.
Page 3, Line 19(c) The department may temporarily deprive visitation as
Page 3, Line 20necessary for facility operations or for the safety of the
Page 3, Line 21facility, persons in the facility, and the general public,
Page 3, Line 22including, but not limited to, facility disruptions, disasters, and
Page 3, Line 23unplanned life safety events or altercations. The department
Page 3, Line 24may temporarily deprive visitation pursuant to this subsection
Page 3, Line 25(4)(c) only for the duration necessary for facility operations or
Page 3, Line 26safety.
Page 3, Line 27(5) Notwithstanding any provision of this section to the
Page 4, Line 1contrary, the department may temporarily deny or cancel any
Page 4, Line 2visitation at any time as necessary for the safe operation of the
Page 4, Line 3facility or the safety of persons in the facility. The department
Page 4, Line 4shall document the denial or cancellation of visitation made
Page 4, Line 5pursuant to this subsection (5).
Page 4, Line 6(6) If a person confined in a correctional facility provides
Page 4, Line 7the department with reasonable notice that a requested
Page 4, Line 8visitation is for virtual attendance at a funeral or virtual
Page 4, Line 9attendance during or immediately following the birth of a child
Page 4, Line 10in the person's family, the department shall make all
Page 4, Line 11reasonable efforts consistent with the safety of the facility
Page 4, Line 12and general public, and with the technology available at the
Page 4, Line 13correctional facility and the event, to allow the person to
Page 4, Line 14participate in the visitation. If the technology to facilitate
Page 4, Line 15virtual attendance at the event is not available, the
Page 4, Line 16department may comply with this subsection (6) by allowing the
Page 4, Line 17person a phone call as an alternative to virtual attendance.
Page 4, Line 18(7) (a) The department may adopt policies to govern the
Page 4, Line 19administration of visitation, including policies necessary to
Page 4, Line 20allow for visitation as part of routine facility operations. If the
Page 4, Line 21department adopts policies, the policies must include criteria
Page 4, Line 22detailing, with the greatest specificity feasible, when the
Page 4, Line 23department may cancel visits or deny access to a visitor. If the
Page 4, Line 24department adopts policies, the policies must also include a
Page 4, Line 25process for the department to notify visitors and confined
Page 4, Line 26persons when the department denies or cancels a visit with the
Page 4, Line 27most possible notice and with specificity for the reason for
Page 5, Line 1denying or cancelling the visit.
Page 5, Line 2(b) Before adopting, amending, or repealing policies
Page 5, Line 3described in this subsection (7), the department shall consult
Page 5, Line 4with the certified employee organization that represents
Page 5, Line 5department employees pursuant to part 11 of article 50 of title
Page 5, Line 624.
Page 5, Line 7(8) This section does not:
Page 5, Line 8(a) Alter the requirements for visitors in section 17-19-101
Page 5, Line 9related to visitor searches;
Page 5, Line 10(b) Alter the requirements related to voice penal
Page 5, Line 11communications services described in section 17-42-103; or
Page 5, Line 12(c) Affect family time policies adopted pursuant to section
Page 5, Line 1317-42-105 (6)(a) that do not conflict with this section.
Page 5, Line 14(9) (a) Nothing in this section creates a private right of
Page 5, Line 15action.
Page 5, Line 16(b) The department shall permit a person confined in a
Page 5, Line 17correctional facility who is deprived of visitation to file a
Page 5, Line 18grievance in accordance with department policies, which must
Page 5, Line 19comply with federal law concerning access to courts by
Page 5, Line 20confined persons. The department shall not deny a person the
Page 5, Line 21ability to file a grievance because the person is in restrictive
Page 5, Line 22housing or is subject to restricted privileges.
Page 5, Line 23(c) Following exhaustion of administrative remedies
Page 5, Line 24through the department's grievance procedures, a person
Page 5, Line 25confined in a correctional facility may seek judicial review of
Page 5, Line 26a denial of rights provided in this section in accordance with the
Page 5, Line 27Colorado rules of civil procedure.
Page 6, Line 1(10) Beginning in January 2026, and in January every year
Page 6, Line 2thereafter, the department shall include, as part of its
Page 6, Line 3presentation during its"SMART Act" hearing required by section
Page 6, Line 42-7-203, information concerning:
Page 6, Line 5(a) The total number of grievances filed during the prior
Page 6, Line 6year related to visitation; and
Page 6, Line 7(b) Any changes to the department's visitation program
Page 6, Line 8made in accordance with the commitment described in subsection
Page 6, Line 9(11) of this section.
Page 6, Line 10(11) The general assembly finds and declares that:
Page 6, Line 11(a) It recognizes the department's understanding and
Page 6, Line 12support of the importance of a person maintaining family
Page 6, Line 13connections while incarcerated; and
Page 6, Line 14(b) The department commits to:
Page 6, Line 15(I) Taking reasonable measures to increase visitation
Page 6, Line 16hours in correctional facilities when possible;
Page 6, Line 17(II) Taking reasonable measures to improve the
Page 6, Line 18department's ability to track visitation restrictions and make
Page 6, Line 19data related to visitation available;
Page 6, Line 20(III) Taking reasonable measures to increase available
Page 6, Line 21visitation technology in correctional facilities when possible;
Page 6, Line 22(IV) Allocating reasonable time during regularly
Page 6, Line 23scheduled public citizen advocacy meetings to discuss desired
Page 6, Line 24improvements to the visitation program and taking reasonable
Page 6, Line 25measures to implement suggestions from citizens and advocates
Page 6, Line 26when possible; and
Page 6, Line 27(V) Reviewing the department's visitation policies,
Page 7, Line 1including dress code; making reasonable efforts to update
Page 7, Line 2policies to support the most visitation and family connection
Page 7, Line 3possible; and aligning implementation of the department's
Page 7, Line 4visitation and related policies across correctional facilities.
Page 7, Line 5SECTION 2. In Colorado Revised Statutes, 17-42-103, amend
Page 7, Line 6(1.5) introductory portion as follows:
Page 7, Line 717-42-103. Policies concerning inmates' use of telephones -
Page 7, Line 8excessive rates prohibited - transparency of communications services
Page 7, Line 9in correctional facilities - report - definitions. (1.5) In administering
Page 7, Line 10the use of penal communications services pursuant to subsection (1) of
Page 7, Line 11this section, access to penal communications services must not be limited
Page 7, Line 12
beyond what is necessary for routine facility operationsPage 7, Line 13permitted in section 17-20-130. The department shall provide penal
Page 7, Line 14communications services, excluding video calls or electronic mail or
Page 7, Line 15messaging, free of charge to the person initiating and the person receiving
Page 7, Line 16the penal communications service, and implement the provision of free
Page 7, Line 17penal communication services, excluding video calls or electronic mail
Page 7, Line 18or messaging, according to the following timeline:
Page 7, Line 19SECTION 3. Safety clause. The general assembly finds,
Page 7, Line 20determines, and declares that this act is necessary for the immediate
Page 7, Line 21preservation of the public peace, health, or safety or for appropriations for
Page 7, Line 22the support and maintenance of the departments of the state and state
Page 7, Line 23institutions.