HB 1039

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1039
     BY REPRESENTATIVE(S) Carter and Ricks, Richardson, Bacon, Brown,
     Clifford, English, Espenoza, Jackson, Lindsay, Mabrey, Nguyen;
     also SENATOR(S) Jodeh and Weissman, Amabile, Benavidez, Cutter,
     Exum, Gonzales J., Hinrichsen, Kipp, Marchman, Wallace, Coleman.
     CONCERNING REQUIREMENTS FOR MUNICIPAL JAILS.
     Be it enacted by the General Assembly of the State of Colorado:
           SECTION 1. In Colorado Revised Statutes, amend 2-3-1901.5 as
     follows:
             2-3-1901.5. Jail standards compliance.
             Each county jail shall comply with the standards adopted by the
     legislative oversight committee pursuant to section 2-3-1901 (2). beginning
     July 1, 2026. EACH MUNICIPAL JAIL, AS DESCRIBED IN SECTION 31-15-401,
     SHALL COMPLY WITH THE STANDARDS ADOPTED BY THE COMMITTEE,
     BEGINNING JULY 1, 2027. The committee shall post the standards on its
     website. If the committee revises a jail standard, each county jail AND
     MUNICIPAL JAIL shall comply with the revised standard no later than one
     year after the revision is adopted, or earlier if specified by the committee
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
when adopting the revision. A county jail OR MUNICIPAL JAIL does not have
to comply with a standard or revised standard if it receives a variance from
the standard pursuant to section 30-10-530 (5)(g).
      SECTION 2. In Colorado Revised Statutes, add 17-26-101.5 as
follows:
       17-26-101.5. Jail operated by city.
       A MUNICIPAL JAIL, AS DESCRIBED IN SECTION 31-15-401, OPERATED
BY A CITY GOVERNMENT MUST COMPLY WITH ALL PROVISIONS IN THIS
ARTICLE 26 AND MUST BE MAINTAINED AT THE EXPENSE OF THE CITY. A CITY
MAY ACCEPT AND EXPEND FUNDS TO MAINTAIN A MUNICIPAL JAIL. NOTHING
IN THIS ARTICLE 26 COMPELS THE ERECTION OF A JAIL IN A CITY.
      SECTION 3. In Colorado Revised Statutes, amend 17-26-104.7 as
follows:
      17-26-104.7. Prohibition against the use of restraints on
pregnant persons in custody.
        (1) (a) The staff of a county OR MUNICIPAL jail, in restraining a
woman PERSON who is committed, detained, or confined to the A county OR
MUNICIPAL jail, shall use the least restrictive restraints necessary to ensure
safety if the staff of the county OR MUNICIPAL jail have a reasonable belief
that the woman PERSON is pregnant. For the use of restraints during labor,
delivery, and postpartum recovery IN A COUNTY JAIL, the staff shall comply
with the "Protection of Individuals from Restraint and Seclusion Act",
article 20 of title 26. DESPITE THE RELEASE REQUIREMENT IN SUBSECTION
(1)(b) OF THIS SECTION, IF LABOR, DELIVERY, OR POSTPARTUM RECOVERY
OCCURS AT A MUNICIPAL JAIL FOR A PREGNANT PERSON CHARGED WITH A
VIOLATION OF A MUNICIPAL ORDINANCE, USE OF RESTRAINTS IS PROHIBITED
DURING THE LABOR, DELIVERY, AND POSTPARTUM RECOVERY.
       (b) THE KEEPER OF THE MUNICIPAL JAIL SHALL RELEASE A PREGNANT
PERSON CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE FROM
CUSTODY IF THE STAFF OF THE MUNICIPAL JAIL HAVE A REASONABLE BELIEF
THE PERSON IS IN LABOR, UNLESS REMAINING IN CUSTODY IS NECESSARY FOR
THE HEALTH OR WELFARE OF THE PREGNANT PERSON. THE KEEPER OF THE
JAIL SHALL OFFER THE PERSON TRANSPORTATION TO THE HOSPITAL AND
PAGE 2-HOUSE BILL 26-1039
RELEASE THE PERSON ON AN UNSECURED PERSONAL RECOGNIZANCE BOND
WITH NO OTHER CONDITIONS RETURNABLE TO THE MUNICIPAL COURT.
       (2) (a) Repealed.
        (b) The county OR MUNICIPAL jail or medical facility staff
authorizing the use of restraints on a pregnant person during labor or
delivery of the child shall make a written record of the use of the restraints,
which record shall MUST include, at a minimum, the type of restraint used,
the circumstances that necessitated the use of the restraint, and the length
of time the restraint was used. NOTWITHSTANDING THE RELEASE
REQUIREMENT DESCRIBED IN SUBSECTION (1)(b) OF THIS SECTION, IF LABOR,
DELIVERY, OR POSTPARTUM RECOVERY OCCURS AT A MUNICIPAL JAIL FOR
THE HEALTH OR WELFARE OF THE PREGNANT PERSON, THE MUNICIPAL JAIL
STAFF SHALL MAKE A WRITTEN RECORD, WHICH MUST INCLUDE, AT A
MINIMUM, WHETHER LABOR, DELIVERY, OR POSTPARTUM RECOVERY
OCCURRED AT THE MUNICIPAL JAIL, THE REASON THE PREGNANT PERSON
WAS NOT RELEASED FROM CUSTODY DURING LABOR, AND THE DATE AND
TIME LABOR OCCURRED. The sheriff OR, FOR A MUNICIPAL JAIL, THE KEEPER
OF THE MUNICIPAL JAIL shall retain the record for a minimum of five years
and shall make the record available for public inspection with individually
identifying information redacted from the record unless the person who is
the subject of the record gives prior written consent for the public release
of the record. The written record of the use of restraint shall DOES not
constitute a medical record under state or federal law. No later than
February 15, 2022 FEBRUARY 15, 2027, and each February 15 thereafter, the
sheriff OR KEEPER OF THE MUNICIPAL JAIL shall submit the records created
pursuant to this subsection (2)(b) in the prior calendar year to the judiciary
committees of the senate and house of representatives, or their successor
committees.
       (3) Upon return to a county jail after childbirth, the woman shall be
PERSON WHO GAVE BIRTH IS entitled to have a member of the county jail's
or county's medical staff present during any strip search.
       (4) When a woman's PERSON'S pregnancy is determined, the staff of
a county OR MUNICIPAL jail shall inform a THE pregnant woman PERSON
committed, detained, or confined in a county OR MUNICIPAL jail in writing
in a language and in a manner understandable to the woman PREGNANT
PERSON of the provisions of this section concerning the use of restraints,
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and the presence of medical staff during a strip search, AND, FOR PEOPLE IN
LABOR AND IN CUSTODY OF THE MUNICIPAL JAIL, THE RIGHT TO BE
RELEASED.
      (5) Each sheriff shall ensure that staff of the county jail receive
adequate training concerning the provisions of this section. EACH KEEPER
OF A MUNICIPAL JAIL FROM A CITY WITH A MUNICIPAL JAIL SHALL ENSURE
THAT STAFF OF THE MUNICIPAL JAIL RECEIVE ADEQUATE TRAINING
CONCERNING THE PROVISIONS OF THIS SECTION.
        SECTION 4. In Colorado Revised Statutes, 17-26-118, amend
(1)(f) as follows:
       17-26-118. Criminal justice data collection - definitions.
       (1) As used in this section, unless the context otherwise requires:
        (f) (I) "Jail facility" means any building, structure, enclosure,
institution, or place, whether permanent or temporary, fixed or mobile,
where persons are or may be lawfully held in custody or confined, that is
operated by a county, CITY, or city and county.
       (II) "JAIL FACILITY" DOES NOT MEAN A HOLDING CELL AT A COURT
FACILITY, POLICE STATION, OR REFORM SCHOOL OPERATED BY A
MUNICIPALITY.
      SECTION 5. In Colorado Revised Statutes, add 17-26-126.5 as
follows:
       17-26-126.5. Council members to examine city jail.
      IF A CITY HAS A MUNICIPAL JAIL THAT IS MAINTAINED AND OPERATED
BY THE CITY GOVERNMENT, THE GOVERNING BODY MEMBERS SHALL, AS
OFTEN AS THEY DEEM NECESSARY BUT AT LEAST ONCE A YEAR, PERSONALLY
EXAMINE THE MUNICIPAL JAIL. THE GOVERNING BODY MEMBERS SHALL
EXAMINE THE JAIL'S MANAGEMENT AND SUFFICIENCY AND CORRECT ALL
IRREGULARITIES AND IMPROPRIETIES FOUND DURING THEIR EXAMINATION.
        SECTION 6. In Colorado Revised Statutes, 24-31-118, amend
(1)(a), (1)(c), (1)(d), and (2) as follows:
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       24-31-118. Jail standard assessments - repeal.
       (1) (a) The attorney general, in collaboration with the advisory
committee, pursuant to section 30-10-530 (5)(d), may conduct assessments
of each county jail AND MUNICIPAL JAIL to identify gaps and deficiencies
based on the jail standards.
        (c) An elected sheriff OR A KEEPER OF A MUNICIPAL JAIL may request
that the attorney general conduct a special assessment of a jail that the
sheriff OR KEEPER OF THE MUNICIPAL JAIL oversees to determine whether the
jail meets the jail standards. The attorney general may conduct the special
assessment if the attorney general has sufficient appropriations to cover the
costs. The attorney general may request an appropriation during the figure
setting process to conduct special assessments.
       (d) The attorney general may enter into a memorandum of
understanding, collaborate, or enter into an agreement with a county sheriff
OR KEEPER OF A MUNICIPAL JAIL, except for a county sheriff OR KEEPER OF
A MUNICIPAL JAIL whose jail is being evaluated, or establish some other peer
review group structure to assist in conducting the assessments and reports
described in section 24-31-118 (1) and (2) THIS SUBSECTION (1) AND
SUBSECTION (2) OF THIS SECTION.
        (2) The attorney general's office shall create a report for each of the
jails assessed by the attorney general's office and provide the report to the
sheriff OR KEEPER OF A MUNICIPAL JAIL whose jail was assessed; the
oversight committee; the board of county commissioners in the county
where the jail is located OR, FOR A MUNICIPAL JAIL, THE GOVERNING BODY
IN THE CITY WHERE THE JAIL IS LOCATED; the county sheriffs of Colorado;
and the governor. The report may include methodology, relevant data,
recommendations, and technical assistance to meet the jail standards. A
report produced pursuant to this section is not subject to the "Colorado
Open Records Act", PART 2 OF ARTICLE 72 OF THIS TITLE 24. The attorney
general may release a report at the attorney general's discretion, and a
county sheriff OR KEEPER OF THE MUNICIPAL JAIL may release a report
relating to the county sheriff's OR KEEPER OF THE MUNICIPAL JAIL'S jail after
consent from the attorney general's office.
       SECTION 7. In Colorado Revised Statutes, 26-20-102, amend
(1)(a)(VII); and add (1)(a)(VIII) as follows:
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       26-20-102. Definitions.
       As used in this article 20, unless the context otherwise requires:
       (1) (a) "Agency" means:
       (VII) A county jail, as described in section 17-26-101, for restraints
on a pregnant person in labor, delivery, or postpartum recovery; OR
      (VIII) A MUNICIPAL JAIL, AS DESCRIBED IN SECTION 17-26-101.5,
FOR RESTRAINTS ON A PREGNANT PERSON IN LABOR, DELIVERY, OR
POSTPARTUM RECOVERY.
        SECTION 8. In Colorado Revised Statutes, 31-15-401, amend
(1)(j) as follows:
       31-15-401. General police powers - definition.
      (1) In relation to the general police power, the governing bodies of
municipalities have the following powers:
       (j) (I) To establish and erect MUNICIPAL jails, correction centers, and
reform schools for the reformation and confinement of loiterers and
disorderly persons and persons convicted of violating any A municipal
ordinance, to make rules and regulations for the government of the same
MUNICIPAL JAILS, CORRECTION CENTERS, AND REFORM SCHOOLS, and to
appoint necessary officers and assistants therefor;
     (II) AS USED IN THIS SUBSECTION (1)(j), UNLESS THE CONTEXT
OTHERWISE REQUIRES, "MUNICIPAL JAIL" MEANS A CITY OR TOWN JAIL,
DETENTION FACILITY, CORRECTIONAL CENTER, OR OTHER PENAL INSTITUTION
THAT IS OPERATED BY A MUNICIPALITY AND THAT IS USED TO DETAIN
PERSONS FACING CRIMINAL CHARGES AND PERSONS CONVICTED OF CRIMES.
A MUNICIPAL JAIL DOES NOT INCLUDE HOLDING CELLS AT COURT FACILITIES,
POLICE STATIONS, OR REFORM SCHOOLS.
        SECTION 9. In Colorado Revised Statutes, 30-10-530, amend
(2)(a)(IV) and (2)(a)(V); and add (2)(a)(VI) as follows:
       30-10-530. Jail standards advisory committee - creation - duties
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- cash fund - definition - repeal.
       (2) (a) The jail standards advisory committee consists of:
      (IV) One physical or behavioral health professional with experience
working in a jail appointed by the legislative oversight committee for
Colorado jail standards created in section 2-3-1901; and
       (V) One person representing a statewide organization that advocates
on behalf of people experiencing incarceration appointed by the legislative
oversight committee for Colorado jail standards created in section 2-3-1901;
AND
       (VI) ONE NONVOTING MEMBER WHO REPRESENTS A MUNICIPALITY,
APPOINTED BY A STATEWIDE ORGANIZATION REPRESENTING THE INTERESTS
OF MUNICIPALITIES, OR ITS SUCCESSOR ORGANIZATION.
       SECTION 10. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
approved by the people at the general election to be held in November 2026
PAGE 7-HOUSE BILL 26-1039
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________  ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________  ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                    _________________________________________
                   Jared S. Polis
                   GOVERNOR OF THE STATE OF COLORADO
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