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.
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 - rules -
Page 2, Line 5definition. (1) As used in this section, unless the context
Page 2, Line 6otherwise requires, "visitation" means all types of social visits
Page 2, Line 7with a person confined in a correctional facility, including
Page 2, Line 8contact visits, non-contact visits, family time visits, phone
Page 2, Line 9calls, and video visitation. "Visitation" does not include visits
Page 2, Line 10that are not social visits, such as visits from a qualified
Page 2, Line 11health-care professional or from a person's attorney.
Page 2, Line 12(2) (a) A person confined in a correctional facility has the
Page 2, Line 13right to visitation. The department shall not deprive a person of
Page 2, Line 14the right to visitation, including while the person is in
Page 2, Line 15restrictive housing or is subject to restricted privileges or as a
Page 2, Line 16sanction for violating the department's code of penal discipline.
Page 2, Line 17Video visits and phone calls may supplement, but must not take
Page 2, Line 18the place of, in-person visits.
Page 2, Line 19(b) (I) The department may adopt rules to govern the
Page 2, Line 20administration of visitation. The department shall not:
Page 2, Line 21(A) Restrict visitation for any reason beyond what is
Page 2, Line 22necessary for routine facility operations or for the safety of
Page 2, Line 23the facility and general public; and
Page 2, Line 24(B) Restrict a visitor's ability to visit a person confined in
Page 2, Line 25a correctional facility so long as the person agrees to the visit
Page 3, Line 1and the visitor and person comply with the department's
Page 3, Line 2visitation rules.
Page 3, Line 3(II) The rules adopted pursuant to this subsection (2)(b)
Page 3, Line 4must include specific criteria detailing when visits may be
Page 3, Line 5canceled for routine facility operations and the safety of the
Page 3, Line 6facility and general public.
Page 3, Line 7(c) This section does not:
Page 3, Line 8(I) Alter the requirements for visitors in section 17-19-101
Page 3, Line 9related to visitor searches; or
Page 3, Line 10(II) Affect family time policies adopted pursuant to
Page 3, Line 11section 17-42-105 (6)(a) that do not conflict with this section.
Page 3, Line 12(3) If a person confined in a correctional facility provides
Page 3, Line 13the department with reasonable notice that a requested
Page 3, Line 14visitation is for virtual attendance at a funeral or during or
Page 3, Line 15immediately following the birth of a child, the department
Page 3, Line 16shall make all efforts consistent with the safety of the facility
Page 3, Line 17and general public to allow the person to participate in the
Page 3, Line 18visitation.
Page 3, Line 19(4) (a) The department shall permit a person confined in a
Page 3, Line 20correctional facility to file a grievance with the department if
Page 3, Line 21the person is not being allowed visitation in accordance with
Page 3, Line 22this section. The department shall not deny a person the ability
Page 3, Line 23to file a grievance because the person is in restrictive housing or
Page 3, Line 24is subject to restricted privileges.
Page 3, Line 25(b) Beginning in January 2026, and in January every year
Page 3, Line 26thereafter, the department shall include, as part of its
Page 3, Line 27presentation during its"SMART Act" hearing required by section
Page 4, Line 12-7-203, information concerning the total number of grievances
Page 4, Line 2filed during the prior year related to visitation.
Page 4, Line 3SECTION 2. Safety clause. The general assembly finds,
Page 4, Line 4determines, and declares that this act is necessary for the immediate
Page 4, Line 5preservation of the public peace, health, or safety or for appropriations for
Page 4, Line 6the support and maintenance of the departments of the state and state
Page 4, Line 7institutions.