Miscellaneous Provisions

C.R.S. tit. 17, art. 42
in effect

C.R.S. § 17-42-101 Freedom of worship

17-42-101. Freedom of worship. (1) All persons who are confined to a correctional facility as defined in section 17-1-102 shall have the right to worship according to the dictates of their consciences, and such persons shall be afforded a reasonable opportunity to freely exercise their religious beliefs without fear of retaliation or discrimination for the free exercise thereof. The practice of religion by any particular sect may not be curtailed or prohibited unless such practices threaten the reasonable security interests of the correctional facility. (2) Upon the request of any inmate, and to the extent practicable and consistent with reasonable security considerations, religious facilities shall be made available in a nondiscriminatory manner. Services shall be held and advice and ministration given within the buildings or grounds of the correctional facility where the inmate is confined. Attendance at any services so provided shall be voluntary. (3) The department shall permit access to objects of a religious nature where possession of such objects would not unduly burden the reasonable security interests of the correctional facility. Prison officials shall accord appropriate respect for sacred objects. When the reasonable security interests of the correctional facility necessitate the inspection of any sacred object, such inspection shall be done visually. (4) In order to provide for and attend to the spiritual needs of inmates, the department shall permit inmates to consult with and receive spiritual advice and ministration from a spiritual leader. (5) This section shall not require the department of corrections to construct additional facilities, remodel or reconfigure existing structures, or hire additional employees to meet the directives of this section.

C.R.S. § 17-42-102 American Indians - freedom of worship - definitions

17-42-102. American Indians - freedom of worship - definitions. (1) The general assembly hereby finds, determines, and declares that American Indian religions and religious beliefs predate the creation of the United States constitution; however, understanding of and respect for American Indian religious practices is not widespread among non-indigenous persons. The general assembly further finds that serious problems in the practice of religious freedom persist for the American Indian and particularly for American Indians who are incarcerated. Therefore, in order to protect this most basic freedom for American Indians who are incarcerated, traditional religious and ceremonial practices of American Indians should be permitted in correctional facilities to the extent that such practices do not impinge on the reasonable security interests of the correctional facilities to which such Indians are confined. (2) American Indians who are confined to a correctional facility as defined in section 17-1-102 and who practice an American Indian religion as defined in subsection (5) of this section shall have access on a regular basis to the following: (a) American Indian traditional spiritual leaders; (b) Items and materials utilized in religious ceremonies; and (c) American Indian religious facilities. (3) Access of American Indians to spiritual leaders, religious items and materials, and religious facilities shall be comparable to access to clergy, religious items and materials, and religious facilities which is afforded to inmates who practice Judeo-Christian religions. (4) The provisions of this section shall not be construed as requiring prison authorities to permit or prohibit access to peyote or American Indian religious sites. (5) For purposes of this section: (a) "American Indian" means an individual of aboriginal ancestry who is a member of an Indian tribe. "American Indian" includes any individual who is an Alaska native or any individual who is a native Hawaiian. (b) "American Indian religion" means any religion which is practiced by American Indians and the origin and interpretation of which is from a traditional American Indian culture or community. (c) "Indian tribe" means any tribe, band, nation, or other organized group or community of Indians, including any Alaska native village as defined in the "Alaska Native Claims Settlement Act", federal Public Law 92-203, as amended, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (d) "Native Hawaiian" means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the state of Hawaii.

C.R.S. § 17-42-103 Policies concerning inmates' use of telephones - excessive rates prohibited - transparency of communications services in correctional facilities - report - definitions

17-42-103. Policies concerning inmates' use of telephones - excessive rates prohibited - transparency of communications services in correctional facilities - report - definitions. (1) The department shall provide voice penal communications services to persons in the department's custody and who are confined in a correctional facility or private contract prison under contract with the department. The department may supplement voice penal communications services with other penal communications services, including, but not limited to, video communication and electronic mail or messaging services. In administering the use of penal communications services, the department shall not receive any revenue, including commissions or fees. (1.5) In administering the use of penal communications services pursuant to subsection (1) of this section, access to penal communications services must not be limited beyond what is necessary for routine facility operations. The department shall provide penal communications services, excluding video calls or electronic mail or messaging, free of charge to the person initiating and the person receiving the penal communications service, and implement the provision of free penal communication services, excluding video calls or electronic mail or messaging, according to the following timeline: (a) Beginning September 1, 2023, through June 30, 2024, the department shall cover twenty-five percent of the total penal communications costs; (b) Beginning July 1, 2024, through June 30, 2025, the department shall cover thirty-five percent of the total penal communications costs; and (c) Beginning July 1, 2025, and thereafter, the department shall cover one hundred percent of all penal communication costs. (2) As used in this section, unless the context otherwise requires: (a) "Commission" means any form of monetary payment, thing of value, in-kind payment, gift, exchange of services or goods, fee other than for direct cost recovery, or technology allowance paid to a correctional facility or other government entity by a penal communications service provider. (b) "Correctional 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 and that is operated by a city, county, city and county, state government, or private entity, including but not limited to a jail or prison. (c) "Fee" means any amount of money charged to a person for the use of penal communications services in addition to rates. A fee includes extra charges for initiating a call, opening an account, having an account, funding an account, inactivity, closing an account, getting a refund, or receiving a paper bill. (d) "Penal communications service provider" means a person or company that provides penal communications services. (e) "Penal communications services" means communications services, including but not limited to telephone, video, or electronic mail or messaging services provided to a correctional facility for use by end users. (f) "Quarter" means the period of time between the reporting dates of January 1, April 1, July 1, and October 1 of each year. (g) "Rate" means any predetermined per-minute cost set by the penal communications service provider for the use of penal communications services. (h) "Revenue" means the money collected from users of communications services. a correctional facility for use by end users. (f) "Quarter" means the period of time between the reporting dates of January 1, April 1, July 1, and October 1 of each year. (g) "Rate" means any predetermined per-minute cost set by the penal communications service provider for the use of penal communications services. (h) "Revenue" means the money collected from users of communications services. (i) "Underlying carrier" means a communications service provider that contracts with a penal communications service provider that has entered into a contract to provide communications services to a correctional facility. (3) (a) Each penal communications service provider shall maintain the records and data specified in this subsection (3)(a) for each correctional facility to which it provides penal communications services. A communications service provider that serves as an underlying carrier is not required to maintain or produce the records and data specified in this subsection (3)(a). On or before January 1, 2022, each penal communications service provider shall submit such records and data in a report to the public utilities commission within fourteen days after the end of each quarter. Except as provided in subsection (3)(b) of this section, the quarterly reports submitted pursuant to this subsection (3)(a) must include: (I) A copy of the existing contract between the penal communications service provider and the government entity to provide penal communications services to persons in custody in a correctional facility; (II) The total number of calls made from the correctional facility using the service; (III) The total minutes for calls made from the correctional facility using the service; (IV) The revenue collected by the penal communications service provider for providing the services; (V) A summary of all commissions paid to the correctional facility or any other government entity by the penal communications service provider; (VI) A copy of the penal communications service provider's unclaimed funds policy; (VII) The rates charged by the penal communications service provider to persons in custody making telephone calls to persons not in custody, including any rates charged for: (A) The first minute of an in-state call; (B) Minutes subsequent to the first minute of an in-state call; (C) The first minute of an out-of-state call; and (D) Minutes subsequent to the first minute of an out-of-state call; (VIII) All fees charged to persons in custody making telephone calls to persons not in custody, including fees charged to: (A) Initiate a call; (B) Deposit money into the incarcerated person's account for communications services; (C) Open, maintain, fund, or close an account with a penal communications service provider; (D) Receive a refund from a penal communications service provider; (E) Receive a paper bill from a penal communications service provider; and (F) Make payments to the penal communications service provider through a third-party company; and (IX) The total number of consumer complaints related to video quality. (b) A penal communications service provider is not obligated to provide the public utilities commission with each specific record or data required by subsection (3)(a) of this section if the specific record or data has not changed since the report was submitted in the previous quarter. (4) No later than thirty days after receipt of the information required by subsection (3) of this section, the public utilities commission shall publish such information on its website in a format that is accessible by the public. (5) (a) Starting on January 1, 2022, rate caps established by the federal communications commission apply to all in-state debit, prepaid, and collect calls to or from a correctional facility. y days after receipt of the information required by subsection (3) of this section, the public utilities commission shall publish such information on its website in a format that is accessible by the public. (5) (a) Starting on January 1, 2022, rate caps established by the federal communications commission apply to all in-state debit, prepaid, and collect calls to or from a correctional facility. (b) To ensure accountability for potential predatory practices by penal communications service providers and to determine the quality of calls to and from correctional facilities, the public utilities commission shall conduct trial tests on a statistically valid sample of penal communications services, document the test results and any subsequent remedial actions taken by the public utilities commission or the penal communications service providers, and consolidate the information into an annual written report published on its website in a format that is accessible by the public. (c) The public utilities commission shall comply with the following steps when conducting trial tests of penal communications services: (I) Tests must include trial telephone calls to staff phone numbers not already in the provider's system; (II) Tests must be conducted biannually to monitor the cost and quality of calls, including how the penal communications service provider is charging and addressing consumer complaints regarding poor quality calls, including dropped calls; and (III) Tests may be conducted remotely. All correctional facilities shall cooperate with the public utilities commission in conducting tests of penal communications services. (d) Penal communications service providers shall include the following language prominently on their website: "The public utilities commission (PUC) gives consumers the opportunity to file informal complaints about problems with the communications services that the PUC regulates. Complaints can be filed through https://puc.colorado.gov". (e) Nothing in this subsection (5) limits or restricts the public utilities commission's authority to regulate rates and charges, correct abuses, or prevent unjust discrimination.

C.R.S. § 17-42-104 Inmates incarcerated in other states - notifications to victims required - exceptions - definitions

17-42-104. Inmates incarcerated in other states - notifications to victims required - exceptions - definitions. (1) If the department determines that an inmate is eligible for relocation to a penal institution in another state pursuant to the "Interstate Corrections Compact", part 16 of article 60 of title 24, then not later than twenty-four hours after such determination, the department shall notify the prosecuting attorney and any registered victim of one or more crimes for which the inmate is serving his or her sentence that: (a) Such a determination has been made; and (b) If the inmate is relocated, the department, pursuant to subsection (2) of this section, may be required to notify the prosecuting attorney and any registered victim of one or more crimes for which the inmate is serving his or her sentence of the name and location of the penal institution where the inmate is to be housed for any period of time. (2) If the department relocates an inmate for incarceration or contracts with another state for the incarceration of an inmate in a penal institution in another state, then not later than forty-eight hours after such relocation, the department shall notify the prosecuting attorney and any registered victim of one or more crimes for which the inmate is serving his or her sentence of the name and location of the penal institution where the inmate is to be housed for any period of time. (3) Subsection (2) of this section does not apply if any of the following factors apply and the prosecuting attorney confirms such fact in writing as described in subsection (4)(b) of this section: (a) The inmate is a witness and the executive director determines that disclosing the location of the inmate would pose a risk to the personal safety of the inmate, corrections staff, other inmates, or facilities; (b) The prosecuting attorney requests in writing that the department not disclose the location of the penal institution where the inmate is located; (c) The registered victim is currently incarcerated; or (d) The inmate has been employed by the department or as a law enforcement officer and the executive director determines that disclosing the location of the inmate poses a risk to the personal safety of the inmate, corrections staff, other inmates, or facilities. (4) (a) If the department relocates an inmate and the executive director determines that any factor described in subsection (3) of this section applies, then not later than forty-eight hours after such relocation, the department shall notify the prosecuting attorney: (I) That the inmate has been relocated; and (II) Which of the factors described in subsection (3) of this section the executive director has determined applies. (b) If the prosecuting attorney agrees with the executive director's determination that a factor described in subsection (3) of this section applies, then: (I) The prosecuting attorney shall confirm the executive director's determination in writing; (II) The department shall retain such written confirmation; and (III) The department shall notify any registered victim of one or more crimes for which the inmate is serving his or her sentence that the inmate has been relocated and the department is unable to disclose the inmate's location because one of the factors described in subsection (3) of this section applies. determination in writing; (II) The department shall retain such written confirmation; and (III) The department shall notify any registered victim of one or more crimes for which the inmate is serving his or her sentence that the inmate has been relocated and the department is unable to disclose the inmate's location because one of the factors described in subsection (3) of this section applies. (c) (I) If the prosecuting attorney disagrees with the executive director's determination that a factor applies, then the executive director has thirty days to review the notice of disagreement. If, after such review, the executive director still determines that a factor applies and the inmate's location should not be disclosed, the department shall notify the prosecutor of such fact and notify any registered victims that the prosecutor disagrees with the executive director's determination. (II) Either the prosecutor or any registered victim of the inmate may bring an action in the district court from which the inmate's sentence was issued for the court to determine whether a substantial basis existed and still exists to support the executive director's determination. If the district court finds that no substantial basis exists, the executive director shall disclose the inmate's location to any registered victims, as described in subsection (2) of this section. Any hearing conducted for the purpose of this subsection (4)(c)(II) must be held in camera. (III) In an action brought pursuant to this subsection (4)(c), the parties are entitled to full discovery under the Colorado rules of civil procedure that are applicable to actions for declaratory judgment; except that the executive director is not required to disclose the location of the inmate pending the resolution of the civil action and any appeals. Any appeal of a judgment from an action brought under this subsection (4)(c) must be made pursuant to the rules of appellate procedure. (5) As used in this section, unless the context otherwise requires: (a) "Law enforcement officer" means a peace officer described in article 2.5 of title 16. (b) "Prosecuting attorney" means the office of the district attorney or other prosecutor who prosecuted an offender who was subsequently convicted and incarcerated. (c) "Registered victim" means a victim who has registered with the victims services unit within the department. (d) "Victim" has the same meaning as set forth in section 24-4.1-302 (5). (e) "Witness" has the same meaning as set forth in section 24-4.1-302 (7).

C.R.S. § 17-42-105 Incarcerated parents - notification to court - mittimus - family services coordinator - report - policies

17-42-105. Incarcerated parents - notification to court - mittimus - family services coordinator - report - policies. (1) (a) Pursuant to section 19-3-502 (5.5)(c), a representative of the facility where the respondent is incarcerated shall, when possible, inform the court not less than seventy-two hours prior to a dependency and neglect proceeding if it cannot facilitate transportation of the respondent to a proceeding. A representative of the facility where the respondent is incarcerated shall inform the court if the respondent refuses transportation and the circumstances of the refusal as soon as practicable. (b) If the facility where the respondent is incarcerated cannot facilitate transportation of the respondent to a hearing pursuant to section 19-3-502 (5.5), the facility shall make every reasonable effort to facilitate the respondent's participation at the hearing through audio-visual communication technology, so long as the requirements pursuant to section 19-3-502 (5.5)(b)(I) are satisfied. (2) If a person's mittimus contains information indicating that the person is a parent to a child and is a party to an open dependency and neglect proceeding pursuant to article 3 of title 19, the department shall: (a) Consider placing the person in a correctional facility that facilitates opportunities for family time at the facility between the child and parent, unless the court determines that family time does not serve the child's best interests, or a protection order prohibits contact between the child and the parent; and (b) Notify the county department of human or social services where the dependency and neglect case is filed of the location of the parent's correctional facility and the contact information for the designated individual within the legal services unit not later than fourteen days after the parent's arrival at the facility. (3) The department shall ensure children and parents have access to opportunities that facilitate continued relationships between children and their parents who are incarcerated, regardless of whether they are a respondent in a dependency and neglect proceeding. The opportunities must include: (a) Events at the facility that are child-focused and are publicized prior to the event; (b) Facilitating access to treatment and services to complete any treatment plan for a parent who is a party to a pending dependency and neglect proceeding; and (c) Facilitating opportunities for a parent to participate in the parent's child's life through audio-visual communication technology, including school conferences, medical consultations, and celebrations. (4) The department shall designate at least one individual within the legal services unit to assist in family services coordination. The individual's duties include the coordination and supervision of the opportunities described in subsection (3) of this section and serving as a liaison between the department, sheriffs, department of human services, county department of human or social services, and agencies concerning matters related to children and their parents who are incarcerated. (5) (a) On or before March 1, 2024, and on or before March 1 each year thereafter, the executive director of the department shall submit a report to the judiciary committees of the senate and house of representatives, or any successor committees, concerning parents who are incarcerated. The department shall cooperate with the state department of human services, county departments of human or social services, and sheriffs as necessary to identify the information required for the report. At a minimum, the report must specify persons incarcerated in department facilities, private correctional facilities under contract with the department, and jails, during the preceding calendar year who were a party to an open dependency and neglect proceeding, in total and disaggregated by race or ethnicity, sex, any known disability, and age. to identify the information required for the report. At a minimum, the report must specify persons incarcerated in department facilities, private correctional facilities under contract with the department, and jails, during the preceding calendar year who were a party to an open dependency and neglect proceeding, in total and disaggregated by race or ethnicity, sex, any known disability, and age. (b) On or before March 1, 2024, and on or before March 1 each year thereafter, the department shall make the report publicly available on its website. (c) The department shall ensure the report does not disclose any information in violation of applicable state and federal laws regarding the confidentiality of individuals' information. (d) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (5) continues indefinitely. (6) The department shall ensure that departmental policies: (a) Facilitate communication and family time between children and their parents who are incarcerated in a department facility or a private correctional facility under contract with the department, regardless of whether they are a respondent in a dependency and neglect proceeding. The policies must include the provision of access to a telephone and audio-visual communication technology and access to physical space and resources for in-person family time. The purpose of the policies is to normalize, to the extent possible, the child and parent relationship, to aid and encourage healthy child development, and reduce recidivism and intergenerational incarceration. The policies must consider the benefits to the child through maintaining contact with the child's parent and the parent's willingness and desire to maintain a meaningful relationship with the child, and assist in the reunification of the child and parent, when appropriate. The policies must prioritize access to services provided by the department for parents with open dependency and neglect cases. (b) Are necessary to comply with the requirements of this section.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-17.docxFetched: 10/6/2026

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