House Bill 25-1013 Revised

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 - 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, telephone 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 policies.

• Page 3, Line 3(4) (a)  The following limitations are expressly permitted

• Page 3, Line 4and are not considered a deprivation of visitation:

• Page 3, Line 5(I)  The department may limit visitation for a confined

• Page 3, Line 6person who is in restrictive housing; except that the department

• Page 3, Line 7shall not limit the person's contact visits for more than thirty

• Page 3, Line 8consecutive calendar days and shall not limit the person's

• Page 3, Line 9telephone calls to fewer than one telephone call every five

• Page 3, Line 10calendar days; and

• Page 3, Line 11(II)  The department may limit a confined person's

• Page 3, Line 12visitation as a sanction if the person has been convicted of a

• Page 3, Line 13class 1 code of penal discipline violation; except that the

• Page 3, Line 14department shall not limit the person's contact visits for more

• Page 3, Line 15than thirty consecutive calendar days.

• Page 3, Line 16(b) (I)  The department may reduce, but not eliminate, the

• Page 3, Line 17number of visits available per week to a confined person as a

• Page 3, Line 18result of an increase in the person's custody classification level

• Page 3, Line 19consistent with the department's visitation and telephone

• Page 3, Line 20policies. The reduction described in this subsection (4)(b)(I) is

• Page 3, Line 21expressly permitted and is not considered a deprivation of

• Page 3, Line 22visitation.

• Page 3, Line 23(II)  Video visits are considered non-contact visits and may

• Page 3, Line 24supplement, but must not take the place of, in-person visits when

• Page 3, Line 25in-person visits are permitted.

• Page 3, Line 26(c)  The department may temporarily deprive visitation as

• Page 3, Line 27necessary for facility operations or for the safety of the

• Page 4, Line 1facility, persons in the facility, and the general public,

• Page 4, Line 2including, but not limited to, facility disruptions, disasters, and

• Page 4, Line 3unplanned life safety events or altercations. The department

• Page 4, Line 4may temporarily deprive visitation pursuant to this subsection

• Page 4, Line 5(4)(c) only for the duration necessary for facility operations or

• Page 4, Line 6safety.

• Page 4, Line 7(5)  Notwithstanding any provision of this section to the

• Page 4, Line 8contrary, the department may temporarily deny or cancel

• Page 4, Line 9visitation for a confined person with another person at any time

• Page 4, Line 10as necessary to comply with requirements imposed by a court

• Page 4, Line 11order, for victim safety, to prevent communication with a

• Page 4, Line 12co-defendant, to preserve the integrity of a criminal

• Page 4, Line 13investigation, to comply with treatment protocols, or for any

• Page 4, Line 14other reason required by law. The department shall document

• Page 4, Line 15the denial or cancellation of visitation made pursuant to this

• Page 4, Line 16subsection (5).

• Page 4, Line 17(6)  If a person confined in a correctional facility provides

• Page 4, Line 18the department with reasonable notice that a requested

• Page 4, Line 19visitation is for virtual attendance at a funeral or virtual

• Page 4, Line 20attendance during or immediately following the birth of a child

• Page 4, Line 21in the person's family, the department shall make all

• Page 4, Line 22reasonable efforts consistent with the safety of the facility

• Page 4, Line 23and general public, and with the technology available at the

• Page 4, Line 24correctional facility and the event, to allow the person to

• Page 4, Line 25participate in the visitation. If the technology to facilitate

• Page 4, Line 26virtual attendance at the event is not available, the

• Page 4, Line 27department may comply with this subsection (6) by allowing the

• Page 5, Line 1person a telephone call as an alternative to virtual

• Page 5, Line 2attendance.

• Page 5, Line 3(7)  The department may adopt policies to govern the

• Page 5, Line 4administration of visitation, including policies necessary to

• Page 5, Line 5allow for visitation as part of routine facility operations. If the

• Page 5, Line 6department adopts policies, the policies must include criteria

• Page 5, Line 7detailing, with the greatest specificity feasible, when the

• Page 5, Line 8department may cancel visits or deny access to a visitor. If the

• Page 5, Line 9department adopts policies, the policies must also include a

• Page 5, Line 10process for the department to notify visitors and confined

• Page 5, Line 11persons when the department denies or cancels a visit with the

• Page 5, Line 12most possible notice and with specificity for the reason for

• Page 5, Line 13denying or cancelling the visit.

• Page 5, Line 14(8)  This section does not:

• Page 5, Line 15(a)  Alter the requirements for visitors in section 17-19-101

• Page 5, Line 16related to visitor searches;

• Page 5, Line 17(b)  Alter the requirements related to voice penal

• Page 5, Line 18communications services described in section 17-42-103; or

• Page 5, Line 19(c)  Affect family time policies adopted pursuant to section

• Page 5, Line 2017-42-105 (6)(a) that do not conflict with this section.

• Page 5, Line 21(9) (a)  Nothing in this section creates a private right of

• Page 5, Line 22action.

• Page 5, Line 23(b)  The department shall permit a person confined in a

• Page 5, Line 24correctional facility who alleges deprivation of visitation to

• Page 5, Line 25file a grievance in accordance with department policies. The

• Page 5, Line 26department shall not deny a person the ability to file a

• Page 5, Line 27grievance because the person is in restrictive housing or is

• Page 6, Line 1subject to restricted privileges.

• Page 6, Line 2(10)  Beginning in January 2026, and in January every year

• Page 6, Line 3thereafter, the department shall include, as part of its

• Page 6, Line 4presentation during its"SMART Act" hearing required by section

• Page 6, Line 52-7-203, information concerning:

• Page 6, Line 6(a)  The total number of grievances filed during the prior

• Page 6, Line 7year related to visitation; and

• Page 6, Line 8(b)  Any changes to the department's visitation program

• Page 6, Line 9made in accordance with the commitment described in subsection

• Page 6, Line 10(11) of this section.

• Page 6, Line 11(11)  The general assembly finds and declares that:

• Page 6, Line 12(a)  It recognizes the department's understanding and

• Page 6, Line 13support of the importance of a person maintaining family

• Page 6, Line 14connections while incarcerated; and

• Page 6, Line 15(b)  The department commits to:

• Page 6, Line 16(I)  Taking reasonable measures to increase visitation

• Page 6, Line 17hours in correctional facilities when possible;

• Page 6, Line 18(II)  Taking reasonable measures to increase telephone

• Page 6, Line 19calls and non-contact visits, including video calls, including

• Page 6, Line 20for persons who are in restrictive housing and after code of

• Page 6, Line 21penal discipline violations;

• Page 6, Line 22(III)  Taking reasonable measures to improve the

• Page 6, Line 23department's ability to track visitation restrictions and make

• Page 6, Line 24data related to visitation available;

• Page 6, Line 25(IV)  Taking reasonable measures to increase available

• Page 6, Line 26visitation technology in correctional facilities when possible,

• Page 6, Line 27including increasing the availability of broadband internet in

• Page 7, Line 1restrictive housing cells;

• Page 7, Line 2(V)  Allocating reasonable time during regularly

• Page 7, Line 3scheduled public citizen advocacy meetings to discuss desired

• Page 7, Line 4improvements to the visitation program and taking reasonable

• Page 7, Line 5measures to implement suggestions from citizens and advocates

• Page 7, Line 6when possible; and

• Page 7, Line 7(VI)  Reviewing the department's visitation policies,

• Page 7, Line 8including dress code; making reasonable efforts to update

• Page 7, Line 9policies to support the most visitation and family connection

• Page 7, Line 10possible; and aligning implementation of the department's

• Page 7, Line 11visitation and related policies across correctional facilities.

• Page 7, Line 12SECTION 2.  In Colorado Revised Statutes, 17-42-103, amend

• Page 7, Line 13(1.5) introductory portion as follows:

• Page 7, Line 1417-42-103.  Policies concerning inmates' use of telephones -

• Page 7, Line 15excessive rates prohibited - transparency of communications services

• Page 7, Line 16in correctional facilities - report - definitions. (1.5)  In administering

• Page 7, Line 17the use of penal communications services pursuant to subsection (1) of

• Page 7, Line 18this section, access to penal communications services must not be limited

• Page 7, Line 19beyond what is necessary for routine facility operations except as

• Page 7, Line 20permitted in section 17-20-130. The department shall provide penal

• Page 7, Line 21communications services, excluding video calls or electronic mail or

• Page 7, Line 22messaging, free of charge to the person initiating and the person receiving

• Page 7, Line 23the penal communications service, and implement the provision of free

• Page 7, Line 24penal communication services, excluding video calls or electronic mail

• Page 7, Line 25or messaging, according to the following timeline:

• Page 7, Line 26SECTION 3.  Legislative intent. The general assembly intends

• Page 7, Line 27that in implementing this bill, the department of corrections shall abide

• Page 8, Line 1by any applicable provisions of a partnership agreement established

• Page 8, Line 2pursuant to section 24-50-1112.

• Page 8, Line 3SECTION 4.  Safety clause. The general assembly finds,

• Page 8, Line 4determines, and declares that this act is necessary for the immediate

• Page 8, Line 5preservation of the public peace, health, or safety or for appropriations for

• Page 8, Line 6the support and maintenance of the departments of the state and state

• Page 8, Line 7institutions.