HB 1276

HOUSE BILL 26-1276
BY REPRESENTATIVE(S) Velasco and Garcia, Brown, Carter, Clifford,
Duran, Froelich, Gilchrist, Goldstein, Jackson, Lindsay, Lukens, Mabrey,
Martinez, McCormick, Nguyen, Paschal, Rutinel, Rydin, Sirota, Smith,
Stewart K., Stewart R., Story, Titone, Willford, Woodrow, Zokaie, Bacon,
Boesenecker, Camacho, English, Espenoza, Hamrick, Joseph, Mauro,
Phillips, Ricks, McCluskie;
also SENATOR(S) Jodeh and Weissman, Amabile, Ball, Benavidez, Cutter,
Danielson, Daugherty, Exum, Gonzales J., Hinrichsen, Kipp, Kolker,
Lindstedt, Marchman, Mullica, Roberts, Rodriguez, Snyder, Sullivan,
Wallace.
CONCERNING MEASURES TO PROTECT THE SAFETY OF INDIVIDUALS WHO ARE
     IMMIGRANTS IN COLORADO, AND, IN CONNECTION THEREWITH,
     MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
       SECTION 1. In Colorado Revised Statutes, 24-74-105, add (3) as
follows:
        24-74-105. Access to state agency or political subdivision records
- limitations.
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.
       (3) THE CERTIFICATION REQUIREMENT DESCRIBED IN SUBSECTION (1)
OF THIS SECTION DOES NOT APPLY TO COLORADO COURTS' E-FILING SYSTEM
USERS.
       SECTION 2. In Colorado Revised Statutes, 25-1-506, amend
(3)(b) introductory portion, (3)(b)(XIV), and (3)(b)(XV); and add
(3)(b )(XVI) as follows:
       25-1-506. County or district public health agency.
      (3) (b) In addition to other powers and duties, an agency shall ha"V e
HAS the following duties:
       (XIV) To collaborate with the state department and the state board
in all matters pertaining to public health, the water quality control
commission in all matters pertaining to water quality, the air quality control
commission and the division of administration of the state department in all
matters pertaining to air pollution, and the solid and hazardous waste
commission in all matters pertaining to solid and hazardous waste; and
       (XV) To establish or arrange for the establishment of, by January 1,
2015, and subject to available appropriations, a local or regional child
fatality prevention review team pursuant to section 25-20.5-404; AND
       (XVI) IN ITS DISCRETION, TO INSPECT OR EXAMINE A FACILITY THAT
HOUSES OR DETAINS INDIVIDUALS WHO ARE NONCITIZENS FOR PURPOSES OF
CIVIL IMMIGRATION PROCEEDINGS.
        SECTION 3. In Colorado Revised Statutes, 25-1.5-101, amend
(l)(i)(l)(D); and add (l)(dd) as follows:
       25-1.5-101. Powers and duties of department - laboratory cash
fund - office of suicide prevention - suicide prevention coordination
cash fund - immigration facility inspection and detention cash fund -
dispensation of payments under contracts with grantees - report- rules
- definitions.
      ( 1) The department has, in addition to all other powers and duties
imposed upon it by law, the powers and duties provided in this section as
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follows:
       (i) (I) (D) With respect to any A facility that houses or detains
INDIVIDUALS WHO ARE noncitizens for purposes of civil immigration
proceedings,  sueh THE inspections and examinations must be made
annually, and additional unannounced inspections may AND EXAMINATIONS
MUST   be   conducted   after   the    annual   inspection.   UNANNOUNCED
INSPECTIONS AND EXAMINATIONS MUST BE MADE AT LEAST ONE TIME EVERY
THREE MONTHS, AND MAY BE MADE MORE FREQUENTLY, AND THE FACILITY
SHALL PAY FOR THE INSPECTIONS AND EXAMINATIONS. THE INSPECTIONS
AND EXAMINATIONS MADE PURSUANTTOTHIS SUBSECTION ( 1)(i)(l)(D) MUST
INCLUDE A REVIEW OF THE FOLLOWING: ADHERENCE TO FOOD SAFETY
STANDARDS AND DRINKING WATER QUALITY STANDARDS, CONFINEMENT
CONDITIONS, AND STANDARDS OF CARE PROVIDED TO INDIVIDUALS WHO ARE
DETAINED IN THE FACILITY. THE FACILITY SHALL PROVIDE TO A DEPARTMENT
REPRESENTATIVE WHO IS CONDUCTING AN INSPECTION OR EXAMINATION
PURSUANT TO THIS SUBSECTION ( 1)(i)(l)(D), OR AN INVESTIGATION RELATED
TO AN EPIDEMIC OR COMMUNICABLE DISEASE, ALL ACCESS NECESSARY TO
PERFORM THE INSPECTION OR INVESTIGATION, INCLUDING ACCESS TO PEOPLE
WHO ARE DETAINED, RECORDS, FACILITY OFFICIALS, AND FACILITY
PERSONNEL. IF A FACILITY REFUSES TO ALLOW AN INSPECTION OR
EXAMINATION     PURSUANT        TO    THIS   SUBSECTION       (1 )(i)(l)(D) OR
INVESTIGATION RELATED TO AN EPIDEMIC OR COMMUNICABLE DISEASE, THE
FACILITY IS LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN FIFTY
THOUSAND DOLLARS FOR EACH REFUSAL. THE ATTORNEY GENERAL MAY
BRING AN ACTION TO ENFORCE THIS SUBSECTION ( 1)(i)(l)(D), INCLUDING AN
ACTION SEEKING A CIVIL PENALTY. ANY CIVIL PENALTY MONEY COLLECTED
PURSUANT TO THIS SUBSECTION ( 1)(i)(l)(D) MUST BE TRANSFERRED TO THE
STATE TREASURER, WHO SHALL CREDIT THE MONEY TO THE IMMIGRATION
LEGAL DEFENSE FUND ESTABLISHED PURSUANT TO SECTION 8-3.8-101. THE
DEPARTMENT MAY ADOPT RULES IT DETERMINES ARE NECESSARY FOR
PURPOSES OF THIS SUBSECTION (l)(i)(l)(D). THIS SUBSECTION (l)(i)(l)(D)
APPLIES TO A LOCAL, COUNTY, OR PRIVATE FACILITY THAT HOUSES OR
DETAINS INDIVIDUALS WHO ARE NONCITIZENS FOR PURPOSES OF CIVIL
IMMIGRATION PROCEEDINGS, INCLUDING A FACILITY THAT IS OPERATED ON
BEHALF OF OR PURSUANT TO A CONTRACT WITH FEDERAL IMMIGRATION
AUTHORITIES. THIS SUBSECTION ( 1)(i)(l)(D) DOES NOT APPLY TO DETENTION
FACILITIES OPERATED DIRECTLY BY THE FEDERAL GOVERNMENT.
       (dd) (I) WITH RESPECT TO A FACILITY THAT HOUSES OR DETAINS
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INDIVIDUALS WHO ARE NONCITIZENS FOR PURPOSES OF CIVIL IMMIGRATION
PROCEEDINGS, THE POWER TO REQUIRE THE FACILITY TO:
       (A) PROVIDETOTHEDEPARTMENTA YEARLYREPORTDETAILINGTHE
FOLLOWING: THE OUTCOMES OF PREGNANT INDIVIDUALS IN THE FACILITY,
OUTCOMES OF INDIVIDUALS WITH CHRONIC HEALTH CONDITIONS, OUTCOMES
OF INDIVIDUALS WITH DISABILITIES, ACCESS TO FOOD FOR INDIVIDUALS WITH
DIETARY RESTRICTIONS, AVERAGE TEMPERATURE WITHIN THE FACILITY,
HIGHEST AND LOWEST TEMPERATURES RECORDED WITHIN THE FACILITY,
INDIVIDUALS' ACCESS TO AN ATTORNEY, AND INDIVIDUALS' ACCESS TO
SPACES OF WORSHIP OR SILENT REFLECTION;
       (B) PROHIBIT THE HOUSING OR DETENTION OF A MINOR IN THE SAME
ROOM AS A NONFAMILIAL ADULT; AND
       (C) ON THE FACILITY'S SITE AND AT ALL TIMES, STAFF THE FACILITY
WITH MEDICAL PROFESSIONALS AND MENTAL HEALTH PROFESSIONALS WHO
ARE ACCESSIBLE TO INDIVIDUALS WHO ARE NON CITIZENS AND DETAINED FOR
PURPOSES OF CIVIL IMMIGRATION PROCEEDINGS.
       (II) (A)   IF A FACILITY FAILS TO COMPLY WITH A REQUIREMENT
IMPOSED BY THE DEPARTMENT PURSUANT TO THIS SUBSECTION ( 1 )( dd), THE
FACILITY IS LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN FIFTY
THOUSAND DOLLARS FOR EACH VIOLATION.
       (B) THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENFORCE
THIS SUBSECTION ( 1 )( dd), INCLUDING AN ACTION SEEKING A CIVIL PENALTY.
      (C)    ANY CIVIL PENALTY MONEY COLLECTED PURSUANT TO THIS
SUBSECTION ( 1 )( dd) MUST BE TRANSFERRED TO THE STATE TREASURER, WHO
SHALL CREDIT THE MONEY TO THE IMMIGRATION LEGAL DEFENSE FUND
ESTABLISHED PURSUANT TO SECTION 8-3.8-101.
      (Ill) ONORBEFOREJANUARY 15,2027,ANDONORBEFOREJANUARY
15 EACH YEAR THEREAFTER, THE DEPARTMENT SHALL SUBMIT A REPORT TO
THE ATTORNEY GENERAL REGARDING FACILITIES' COMPLIANCE WITH THIS
SUBSECTION    ( 1 )( dd)   AND   INFORMATION COLLECTED   PURSUANT TO
SUBSECTION ( 1 )( dd)(l)(A) OF THIS SECTION. THE DEPARTMENT SHALL MAKE
THE REPORT AVAILABLE ON A PUBLIC-FACING PAGE ON THE DEPARTMENT'S
WEBSITE.
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      (IV) THIS SUBSECTION (l)(dd) APPLIES TO LOCAL, COUNTY, OR
PRIVATE DETENTION FACILITIES THAT HOUSE OR DETAIN INDIVIDUALS WHO
ARE NONCITIZENS FOR PURPOSES OF CIVIL IMMIGRATION PROCEEDINGS,
INCLUDING ANY FACILITY THAT IS OPERATED ON BEHALF OF OR PURSUANT
TO A CONTRACT WITH FEDERAL IMMIGRATION AUTHORITIES. THIS
SUBSECTION ( 1)( dd) DOES NOT APPLY TO DETENTION FACILITIES OPERATED
DIRECTLY BY THE FEDERAL GOVERNMENT.
      (V) (A) THE DEPARTMENT MAY ADOPT RULES IT DETERMINES ARE
NECESSARY FOR PURPOSES OF THIS SUBSECTION (1 )( dd).
      (8) THE DEPARTMENT SHALL SET FEES FOR INSPECTIONS AND
EXAMINATIONS PURSUANT TO SUBSECTION (l)(i)(l)(D) OF THIS SECTION.
      (VI) (A) THE IMMIGRATION FACILITY INSPECTION AND DETENTION
CASH FUND IS CREATED IN THE STATE TREASURY. THE IMMIGRATION
FACILITY INSPECTION AND DETENTION CASH FUND CONSISTS OF PAYMENTS
MADE BY THE FACILITY TO THE DEPARTMENT FOR UNANNOUNCED
INSPECTIONS AND EXAMINATIONS, AS REQUIRED PURSUANT TO SUBSECTION
(l)(i)(l)(D) OF THIS SECTION. THE DEPARTMENT SHALL TRANSFER ALL
PAYMENTS COLLECTED PURSUANT TO SUBSECTION (l)(i)(I)(D) OF THIS
SECTION TO THE STATE TREASURER, WHO SHALL CREDIT THE PAYMENTS TO
THE IMMIGRATION FACILITY INSPECTION AND DETENTION CASH FUND.
      (8)   THE STATE TREASURER SHALL CREDIT ALL INTEREST AND
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE
IMMIGRATION FACILITY INSPECTION AND DETENTION CASH FUND TO THE
IMMIGRATION FACILITY INSPECTION AND DETENTION CASH FUND.
      (C)   SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL
ASSEMBLY, THE DEPARTMENT MAY EXPEND MONEY FROM THE FUND FOR THE
PURPOSE OF CONDUCTING UNANNOUNCED INSPECTIONS AND EXAMINATIONS,
AS REQUIRED PURSUANT TO SUBSECTION (l)(i)(I)(D) OF THIS SECTION.
      (VII) AS USED IN THIS SUBSECTION ( 1 )( dd), UNLESS THE CONTEXT
OTHERWISE REQUIRES:
      (A)   "MEDICAL PROFESSIONAL" MEANS AN ADVANCED PRACTICE
REGISTERED NURSE REGISTERED PURSUANT TO SECTION 12-255-111, A
PHYSICIAN ASSISTANT LICENSED PURSUANT TO SECTION 12-240-113, OR A
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MEDICAL DOCTOR OR DOCTOR OF OSTEOPATHY LICENSED PURSUANT TO
ARTICLE 240 OF TITLE 12.
       (B) "MENTAL HEALTH PROFESSIONAL" MEANS A MENTAL HEALTH
PROFESSIONAL LICENSED OR CERTIFIED PURSUANT TO ARTICLE 245 OF TITLE
12, AN ADV AN CED PRACTICE REGISTERED NURSE REGISTERED PURSUANT TO
SECTION 12-255-111 WITH TRAINING IN SUBSTANCE USE DISORDERS OR
MENTAL HEALTH, OR A PHYSICIAN ASSISTANT LICENSED PURSUANT TO
SECTION 12-240-113 WITH TRAINING IN SUBSTANCE USE DISORDERS OR
MENTAL HEALTH. "MENTAL HEALTH PROFESSIONAL" DOES NOT MEAN AN
UNLICENSED PSYCHOTHERAPIST AS DEFINED IN SECTION 12-245-202.
        SECTION 4. In Colorado Revised Statutes, 24-31-101, amend
(l)(i)(XXX) and (l)(i)(XXXI); and add (l)(i)(:XXXII) as follows:
       24-31-101. Powers and duties of attorney general.
       (1) The attorney general:
       (i) May independently initiate and bring civil and criminal actions
to enforce state laws, including actions brought pursuant to:
       (XXX) Beginning January I, 2026, part 10 of article 12 of title 3 8;
and
       (XXXI) Section 13-16-126; AND
       (XXXII) SECTION 25-1.5-101 (l)(i)(l)(D) AND (l)(dd).
       SECTION 5. In Colorado Revised Statutes, 24-31-303, add (l)(v)
as follows:
       24-31-303. Duties - powers of the P.O.S.T. board - definition -
repeal.
       (1) The P.O.S.T. board has the following duties:
       (v) (I)   To ESTABLISH TRAINING STANDARDS RELATED TO PEACE
OFFICER COMPLIANCE WITH SECTION 24-76.6-102.
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      (II) (A) AN INDIVIDUAL WHO IS A CERTIFIED PEACE OFFICER AS OF
JULY 1, 2026, SHALL COMPLETE THE TRAINING STANDARDS ESTABLISHED
PURSUANT TO THIS SUBSECTION (l)(v) BEFORE DECEMBER 31, 2027.
        (B) THIS SUBSECTION (l)(v)(II) IS REPEALED, EFFECTIVE JULY 1,
2028.
       SECTION 6. In Colorado Revised Statutes, add 24-31-120 as
follows:
       24-31-120.   Policy regarding the protection of personal
identifying information.
      NO LATER THAN SEPTEMBER 1, 2026, THE OFFICE OF THE ATTORNEY
GENERAL SHALL DEVELOP AND MAKE AV AI LAB LE TO THE ENTITIES THAT ARE
SUBJECT TO ARTICLE 74.1 OF THIS TITLE 24 A MODEL POLICY THAT ALIGNS
WITH THE REQUIREMENTS OF ARTICLE 74.1 OF THIS TITLE 24.
        SECTION 7. In Colorado Revised Statutes, 8-3.8-101, amend
(2)(b) as follows:
       8-3.8-101.    Immigration legal assistance - fund - report -
definitions.
       (2) (b) The state treasurer shall credit any civil penalty money
transferred to the state treasurer pursuant to section 24-74-107, or
24-74.1-103, OR25-1.5-101 (l)(i)(J)(D) OR (l)(dd) and interest and income
derived from the deposit and investment of the civil penalty money in the
fund to the fund.
       SECTION 8. Appropriation. For the 2026-27 state fiscal year,
$107,283 is appropriated to the department of public health and
environment for use by the division of environmental health and
sustainability. This appropriation is from the immigration facility inspection
and detention cash fund created in section 25-1.5-101 (1 )( dd)(VI)(A),
C.R.S., and is based on an assumption that the division will require an
additional 1.0 FTE. To implement this act, the division may use this
appropriation for environmental health programs.
        SECTION 9. Severability. If any provision of this act or the
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application of this act to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of the act that can
be given effect without the invalid provision or application, and to this end
the provisions of this act are declared to be severable.
       SECTION 10. Safety clause. The general assembly finds,
detennines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 8-HOUSE BILL 26-1276
the support and maintenance of the departments of the state and state
institutions
Jul~  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
 v~~
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
      APPROVED oV\ To~  :r~ ~A-n ZcflJ.p        ~A-   t l'•4$'tJ\M
                                    te and Time)
                                                             '
                Jared S. Polis
                GOVERNOR  DO.
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