HB 26-1123

HB 26-1123, also known as "Preventing Sexual Abuse in Jails," is a Colorado law that aims to protect inmates from sexual abuse and improve the standards of jail facilities. The bill requires jails to have clear policies for handling reports of sexual abuse and mandates staff training on how to respond to such incidents. It also ensures that strip searches are conducted only when there's reasonable suspicion, by at least two peace officers, and prohibits using body cameras during these searches unless other recording methods are unavailable. Additionally, the law provides resources for victims of sexual abuse in jails and requires annual reporting on the number of strip searches performed. Since it has been signed into law, this bill is now active and its provisions must be implemented by local detention facilities to enhance inmate safety and accountability.

Official Summary

The bill requires that the reasonable belief standard to conduct a strip search apply to all arrests, not just the arrest of an individual for a traffic or petty offense . To conduct a strip search of an inmate who is detained in a local detention facility, the bill requires 2 peace officers to make a determination that there is reasonable belief to conduct a strip search and the inmate is concealing a weapon or a controlled substance on the inmate's person. The bill requires that the reason and results of a strip search be documented in a report. The bill prohibits the use of body-worn cameras to capture videos during strip searches when other forms of recording or surveillance are available. Each local detention facility is required to annually submit a report to the jail standards advisory committee and the Colorado attorney general stating the number of strip searches that occurred in the facility in the last calendar year and the result of each strip search. The bill limits access to video recordings that depict prisoner nudity captured inside a local detention facility. The bill requires courts to deny requests by a defendant in a criminal proceeding to copy, photograph, duplicate, or otherwise reproduce a video recording of a strip search.     The bill requires local detention facilities to have a policy detailing staff protocol for responding to suspected, alleged, or witnessed sexual abuse and requires jail staff to report suspected, alleged, or witnessed sexual abuse. The bill creates whistleblower protection policies for jail staff.     The bill requires local detention facilities to inform prisoners of their rights and the resources available to them if they are a victim of sexual abuse while in jail and allow sexual assault advocates to access prisoners who request advocacy services. The bill requires local detention facilities to designate a 'Prison Rape Elimination Act of 2003' (PREA) coordinator and requires jails to provide the coordinator's contact information to prisoners and the public.      The bill requires the legislative oversight committee concerning Colorado jail standards (committee) to develop guidelines for identifying, and creating a process for, qualified third parties or certified PREA auditors to audit local detention facilities and their sexual abuse prevention policies upon request of the committee.     The bill requires the removal of P.O.S.T. certification from any peace officer who is found by an administrative law judge, hearing officer, or internal investigation to have sexually abused a prisoner in a local detention facility.      The bill appropriates $38,916 to the department of law from the P.O.S.T. board cash fund.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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