House Bill 25-1013 Rerevised

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 maydeny or cancel visitation for

• Page 4, Line 9a confined person with another person at any time as necessary

• Page 4, Line 10to comply with requirements imposed by a court order, for

• Page 4, Line 11victim safety, to prevent communication with a co-defendant, to

• Page 4, Line 12preserve the integrity of a criminal investigation, to comply

• Page 4, Line 13with treatment protocols, or for any other reason required by

• Page 4, Line 14law. The department shall document the denial or cancellation

• Page 4, Line 15of visitation made pursuant to this subsection (5).

• Page 4, Line 16(6)  If a person confined in a correctional facility provides

• Page 4, Line 17the department with reasonable notice that a requested

• Page 4, Line 18visitation is for virtual attendance at a funeral or virtual

• Page 4, Line 19attendance during or immediately following the birth of a child

• Page 4, Line 20in the person's family, the department shall make all

• Page 4, Line 21reasonable efforts consistent with the safety of the facility

• Page 4, Line 22and general public, and with the technology available at the

• Page 4, Line 23correctional facility and the event, to allow the person to

• Page 4, Line 24participate in the visitation. If the technology to facilitate

• Page 4, Line 25virtual attendance at the event is not available, the

• Page 4, Line 26department may comply with this subsection (6) by allowing the

• Page 4, Line 27person a telephone call as an alternative to virtual

• Page 5, Line 1attendance.

• Page 5, Line 2(7)  The department may adopt policies to govern the

• Page 5, Line 3administration of visitation, including policies necessary to

• Page 5, Line 4allow for visitation as part of routine facility operations. If the

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

• Page 5, Line 6detailing, with the greatest specificity feasible, when the

• Page 5, Line 7department may cancel visits or deny access to a visitor. If the

• Page 5, Line 8department adopts policies, the policies must also include a

• Page 5, Line 9process for the department to notify visitors and confined

• Page 5, Line 10persons when the department denies or cancels a visit with the

• Page 5, Line 11most possible notice and with specificity for the reason for

• Page 5, Line 12denying or cancelling the visit.

• Page 5, Line 13(8)  This section does not:

• Page 5, Line 14(a)  Alter the requirements for visitors in section 17-19-101

• Page 5, Line 15related to visitor searches;

• Page 5, Line 16(b)  Alter the requirements related to voice penal

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

• Page 5, Line 18(c)  Affect family time policies adopted pursuant to section

• Page 5, Line 1917-42-105 (6)(a) that do not conflict with this section.

• Page 5, Line 20(9) (a)  Nothing in this section creates a private right of

• Page 5, Line 21action.

• Page 5, Line 22(b)  The department shall permit a person confined in a

• Page 5, Line 23correctional facility who alleges deprivation of visitation to

• Page 5, Line 24file a grievance in accordance with department policies. The

• Page 5, Line 25department shall not deny a person the ability to file a

• Page 5, Line 26grievance because the person is in restrictive housing or is

• Page 5, Line 27subject to restricted privileges.

• 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 increase telephone

• Page 6, Line 18calls and non-contact visits, including video calls, including

• Page 6, Line 19for persons who are in restrictive housing and after code of

• Page 6, Line 20penal discipline violations;

• Page 6, Line 21(III)  Taking reasonable measures to improve the

• Page 6, Line 22department's ability to track visitation restrictions and make

• Page 6, Line 23data related to visitation available;

• Page 6, Line 24(IV)  Taking reasonable measures to increase available

• Page 6, Line 25visitation technology in correctional facilities when possible,

• Page 6, Line 26including increasing the availability of broadband internet in

• Page 6, Line 27restrictive housing cells;

• Page 7, Line 1(V)  Allocating reasonable time during regularly

• Page 7, Line 2scheduled public citizen advocacy meetings to discuss desired

• Page 7, Line 3improvements to the visitation program and taking reasonable

• Page 7, Line 4measures to implement suggestions from citizens and advocates

• Page 7, Line 5when possible; and

• Page 7, Line 6(VI)  Reviewing the department's visitation policies,

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

• Page 7, Line 8policies to support the most visitation and family connection

• Page 7, Line 9possible; and aligning implementation of the department's

• Page 7, Line 10visitation and related policies across correctional facilities.

• Page 7, Line 11SECTION 2.  In Colorado Revised Statutes, 17-42-103, amend

• Page 7, Line 12(1.5) introductory portion as follows:

• Page 7, Line 1317-42-103.  Policies concerning inmates' use of telephones -

• Page 7, Line 14excessive rates prohibited - transparency of communications services

• Page 7, Line 15in correctional facilities - report - definitions. (1.5)  In administering

• Page 7, Line 16the use of penal communications services pursuant to subsection (1) of

• Page 7, Line 17this section, access to penal communications services must not be limited

• Page 7, Line 18beyond what is necessary for routine facility operations except as

• Page 7, Line 19permitted in section 17-20-130. The department shall provide penal

• Page 7, Line 20communications services, excluding video calls or electronic mail or

• Page 7, Line 21messaging, free of charge to the person initiating and the person receiving

• Page 7, Line 22the penal communications service, and implement the provision of free

• Page 7, Line 23penal communication services, excluding video calls or electronic mail

• Page 7, Line 24or messaging, according to the following timeline:

• Page 7, Line 25SECTION 3.  Legislative intent. The general assembly intends

• Page 7, Line 26that in implementing this bill, the department of corrections shall abide

• Page 7, Line 27by any applicable provisions of a partnership agreement established

• Page 8, Line 1pursuant to section 24-50-1112.

• Page 8, Line 2SECTION 4.  Safety clause. The general assembly finds,

• Page 8, Line 3determines, and declares that this act is necessary for the immediate

• Page 8, Line 4preservation of the public peace, health, or safety or for appropriations for

• Page 8, Line 5the support and maintenance of the departments of the state and state

• Page 8, Line 6institutions.