Colorado 2026 Regular Session Status: Enacted Bipartisan · 11 D · 1 R cosponsors

HB 1039 — Adding Municipal Jails to County Jail Oversight Requirements

Last action — Governor Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 14, 2026. Enacted.

Signed by Governor Jared Polis (Democratic) on April 27, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 24 sponsors

    5 primary, 19 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (11 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Beginning July 1, 2027, the act requires municipal jails to comply with existing jail data collection requirements, standards, and oversight.     The act requires a keeper of a municipal jail to release a pregnant person charged with a violation of a municipal ordinance from custody if jail staff have a reasonable belief the person is in labor unless remaining in custody is necessary for the health or welfare of the person. If the pregnant person in labor is not released, the use of restraints is prohibited during the labor, delivery, and postpartum recovery, and the jail staff shall make a written record that the labor, delivery, and postpartum recovery occurred at the jail and record the reason the pregnant person was not released from custody.     The act requires council members of a city that has a city jail to examine the jail's management and sufficiency at least once a year and allows the attorney general to conduct assessments of municipal jails to identify gaps and deficiencies based on the jail standards.     The act adds a nonvoting member who represents a municipality to the jail standards advisory committee.(Note: This summary applies to this bill as enacted.)

Bill Text

What changed in the latest version

231 added · 272 removed

Plain-language change summary

The updated version of HB 1039 adds a requirement for municipal jails to comply with specific jail standards set by the legislative oversight committee, beginning July 1, 2027. Previously, only county jails were mentioned. This change is significant because it ensures that municipal jails are held to the same standards as county jails, promoting better conditions and accountability across all jail facilities in Colorado.

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Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.
NOTE:
26-0353.01 Owen Hatch x2698 HOUSE BILL 26-1039 HOUSE SPONSORSHIP Carter and Ricks, Richardson, Bacon, Brown, Clifford, English, Espenoza, Jackson, Lindsay, Mabrey, Nguyen SENATE SPONSORSHIP Jodeh and Weissman, Amabile, Benavidez, Coleman, Cutter, Exum, Gonzales J., Hinrichsen, Kipp, Marchman, Wallace e n e 2 E a 2 A U 4, N g 2 S d hr House Committees Senate Committees e a Judiciary Judiciary R M r e A BILL FOR AN ACT n 6 m 0 C ONCERNING REQUIREMENTS FOR MUNICIPAL JAILS .
This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.
T n , N U 2 E i c Bill Summary S a a R M n (Note:
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.
This summary applies to this bill as introduced and does 2 notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that e applies to the reengrossed version of this bill will be available at n http://leg.colorado.gov.) m 2 E n 2 U U 3 The bill requires municipal jails to comply with existing jail data O i c H a a collection requirements, standards, and oversight.
HOUSE BILL 26-1039 BYREPRESENTATIVE(S)CarterandRicks,Richardson,Bacon,Brown, Clifford, English, Espenoza, Jackson, Lindsay, Mabrey, Nguyen;
The bill limits a R M r municipal jail to holding a person for no longer than 72 hours.
also SENATOR(S) Jodeh and Weissman, Amabile, Benavidez, Cutter, Exum, Gonzales J., Hinrichsen, Kipp, Marchman, Wallace, Coleman .
3 Thebillrequiresakeeperof amunicipaljailtotakeallreasonable steps,prioritizingthehealthandwelfareofthepregnantperson,torelease a pregnant person from custody if jail staff have a reasonable belief the g d 6 person is in labor.
C ONCERNING REQUIREMENTS FOR MUNICIPAL JAILS .
If the pregnant person in labor is not released, the use E e 0 of restraints is prohibited during the labor, delivery, and postpartum S R , U d h H 2 r Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
e a Capital letters or bold & italic numbers indicate new material to be added to existing law.n M Dashes through the words or numbers indicate deletions from existing law.
e A recovery and the jail staff shall make a written record that the labor, delivery, and postpartum recovery occurred at the jail.
Each county jail shall comply with the standards adopted by the legislative oversight committee pursuant to section 2-3-1901 (2).
Each county jail shall comply with the standards adopted by the legislativeoversightcommitteepursuanttosection2-3-1901(2).beginning July 1, 2026.
beginning July1, 2026.ACH MUNICIPALJAILASDESCRIBEDINSECTION 31-15-401, SHALL COMPLY WITH THE STANDARDS ADOPTED BY THE COMMITTEE , BEGINNING JULY 1, 2027.
EACH MUNICIPAL JAIL , AS DESCRIBED IN SECTION 31-15-401, SHALL COMPLY WITH THE STANDARDS ADOPTED BY THE COMMITTEE , BEGINNING JULY 1, 2027.
If the committee revises a jail standard, each countyjailNDMUNICIPALJAIL shallcomplywiththerevisedstandardno later than one year after the revision is adopted, or earlier if specified by the committee when adopting the revision.
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;
A county jailICIPAL JAILdoes 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).
dashes through words or numbers indicate deletions from existing law and such material is not part of the act.
whenadoptingthe revision.
A countyjaiORMUNICIPALJAIL doesnothave to complywith a standard or revised standard if it receives a variance from the standard pursuant to section 30-10-530 (5)(g).
A MUNICIPALJAIL,ASDESCRIBEDINSECTION 31-15-401OPERATED BY A CITY GOVERNMENT MUST COMPLY WITH ALL PROVISIONS IN THIS ARTICLE 26AND MUST BE MAINTAINED AT THE EXPENSE OF THE CIT.
A MUNICIPAL JAIL,AS DESCRIBED IN SECTION 31-15-401,OPERATED BY A CITY GOVERNMENT MUST COMPLY WITH ALL PROVISIONS IN THIS ARTICLE 26ANDMUSTBEMAINTAINEDATTHEEXPENSEOFTHECITY .A CITY MAYACCEPTANDEXPENDFUNDSTOMAINTAINAMUNICIPALJAIL .N OTHING IN THIS ARTICLE26 COMPELS THE ERECTION OF A JAIL IN A CIT.
A CITYMAYACCEPTANDEXPENDFUNDSTOMAINTAINAMUNICIPALJAIL .
N OTHING IN THIS ARTICL26COMPELS THE ERECTION OF A JAIL IN -2- 1039 A CITY.
In Colorado RevisedStatutes,amend17-26-104.7 as follows:
InColoradoRevisedStatutes,amend17-26-104.7as follows:
(1) (a) The staff of a countyUNICIPAL jail, in restraining a woman PERSON who is committed, detained, or confinedAtcounty OR MUNICIPAL jail, shall use the least restrictive restraints necessary to ensure safety if the staff of the countyMUNICIPAL jail have a reasonable belief that the womanRSON is pregnant.
(1) (a) The staff of a countyR MUNICIPAL jail, in restraining a woman PERSON whoiscommitted,detained,orconfinedtothe A countyOR MUNICIPAL jail, shall use the least restrictive restraints necessary to ensure safety if the staff of the countyNICIPAL jail have a reasonable belief that the woman PERSON is pregnant.
For the use of restraints during labor, delivery, and postpartum recoveryTY JAIL, the staff shall comply with the "Protection of Individuals from RestraintandSeclusionAct",article20of title26.DTETHERELEASE REQUIREMENT IN SUBSECTION (1)(b)OF THIS SECTION ,IF LABOR , DELIVERY,ORPOSTPARTUMRECOVERYOCCURSAT AMUNICIPALJAILFOR A PREGNANT PERSON CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE ,USE OF RESTRAINTS IS PROHIBITED DURING THE LABOR , DELIVERY,AND POSTPARTUM RECOVERY .
For the use of restraints during labor, delivery,andpostpartumrecovery INACOUNTYJAIL , the staff shall comply with the "Protection of Individuals from Restraint and Seclusion Act", article 20 of title 26.
(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 CUSTODYISNECESSARYFORTHE HEALTHORWELFARE OFTHE PREGNANT PERSON .
DTE 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 VIOLATIONOFAMUNICIPALORDINANCE ,USE OFRESTRAINTSIS PROHIBITED DURING THE LABOR , DELIVERY ,AND POSTPARTUM RECOVERY .
THE KEEPER OF THE JAIL SHALL OFFER THE PERSON TRANSPORTATION TO THE HOSPITAL AND RELEASE THE PERSON ON AN UNSECUREDPERSONALRECOGNIZANCEBONDWITHNOOTHERCONDITIONS RETURNABLE TO THE MUNICIPAL COURT.
(b) THEKEEPEROFTHEMUNICIPALJAILSHALLRELEASEAPREGNANT PERSON CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE FROM CUSTODY IFTHE STAFFOFTHE MUNICIPALJAILHAVE AREASONABLE BELIEF THEPERSONISINLABOR ,UNLESSREMAININGINCUSTODYISNECESSARYFOR THE HEALTH OR WELFARE OF THE PREGNANT PERSON .
-3- 1039 (2) (a) Repealed.
HE 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 .
(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 include, at a minimum, the type of restraintused,thecircumstancesthatnecessitatedtheuseoftherestraint, and the length of time the restraint was used.
(2) (a) Repealed.
NSTANDING THE RELEASE REQUIREMENT DESCRIBED IN SUBSECTION (1)(b)OF THIS SECTION,IF LABOR,DELIVERY,OR POSTPARTUM RECOVERY OCCURS AT A MUNICIPALJAILFORTHEHEALTHORWELFAREOFTHEPREGNANTPERSON , THEMUNICIPALJAILSTAFFSHALLMAKEAWRITTENRECORD ,WHICHMUST 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 .
(b) The county OR MUNICIPAL jail or medical facility staff authorizing the use of restraints on a pregnant person during labor or deliveryof the child shall make a written record of the use of the restraints, which record shallMUST 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.
The sherifOR ,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.
N OTWITHSTANDING THE RELEASE REQUIREMENTDESCRIBEDINSUBSECTION (1)(b)OFTHISSECTION ,IFLABOR , 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 TIMELABOROCCURRED .Thesheriff OR,FORAMUNICIPALJAIL ,THEKEEPER 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 shallot constitute a medical record understateorfederallaw.NolaterthanFebruary15,2022FEBRUARY 15, 2027, and each February 15 thereafter, the sheriffEPER OF THE MUNICIPAL JAIL shall submit the records created pursuant to this subsection(2)(b)inthepriorcalendaryeartothejudiciarycommitteesof the senate and house of representatives, or their successor committees.
The written record of the use of restraint shallES not constitute a medical record under state or federal law.
(3) Upon return to a county jail after childbirth, the woman shall -4- 1039 bePERSON WHO GAVE BIRTH IS entitled to have a member of the county jail's or county's medical staff present during any strip search.
No later than February15,2022 F EBRUARY 15,2027,andeachFebruary15thereafter,the sheriffOR 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.
(4) When a woman's PERSON Spregnancyis determined, the staff of a countyOR MUNICIPAL jail shall inform THE pregnant woman PERSON committed, detained, or confined in a coOR MUNICIPAL jail in writing in a language and in a manner understandable to the woman PREGNANTPERSON of theprovisionsof thissectionconcerning the useof restraints, athe presence of medical staff during a strip sANDc,, FORPEOPLEINLABORANDINCUSTODYOFTHEMUNICIPALJAIL ,THERIGHT TO BE RELEASED.
(3) Upon return to a countyjail 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.
(5) Each sheriff shall ensure that staff of the county jail receive adequatetrainingconcerningtheprovisionsofthissectionACHKEEPER OFA MUNICIPAL JAIL FROM A CITY WITH A MUNICIPALJAILSHALLENSURE THAT STAFF OF THE MUNICIPAL JAIL RECEIVE ADEQUATE TRAINING CONCERNING THE PROVISIONS OF THIS SECTION.
(4) Whenawoman's PERSON S pregnancyisdetermined,thestaff of a county OR MUNICIPAL jail shall inform THE pregnant woman PERSON committed, detained, or confined in a countOR 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, PAGE 3-HOUSE BILL 26-1039 and the presence of medical staff during a strip seaAND,,FORPEOPLE 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.
E 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 .
(f)(I) "Jail facility" means any building, structure, enclosure, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or maybe lawfullyheld in custodyor confined, that is operated by a county,TY, or city and county.
(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) AILFACILITY "DOESNOTMEANAHOLDINGCELLATACOURT FACILITY,POLICE STATION , OR REFORM SCHOOL OPERATED BY A MUNICIPALITY.
(II) "JIL FACILITY" DOES NOT MEAN A HOLDING CELL AT A COURT FACILITY , POLICE STATION , OR REFORM SCHOOL OPERATED BY A MUNICIPALITY .
In Colorado Revised Statutes, add 17-26-126.5 as -5- 1039 follows:
In Colorado Revised Statutes, add 17-26-126.5 as follows:
IF A CITY HAS A MUNICIPAL JAIL THAT IS MAINTAINED AND OPERATED BY THE CITY GOVERNMENT ,THE GOVERNING BODY MEMBERS SHALL ,ASOFTENASTHEY DEEMNECESSARYBUT AT LEAST ONCE AYEAR , PERSONALLY EXAMINE THE MUNICIPAL JAIL .
IACITYHASAMUNICIPALJAILTHATISMAINTAINEDANDOPERATED BY THE CITY GOVERNMENT ,THE GOVERNING BODY MEMBERS SHALL ,AS OFTENASTHEYDEEMNECESSARYBUTATLEASTONCEAYEAR ,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 .
THE GOVERNING BODY MEMBERS SHALL EXAMINE THE JAIL S MANAGEMENT AND SUFFICIENCY AND CORRECT ALL IRREGULARITIES AND IMPROPRIETIES FOUND DURING THEIR EXAMINATION .
24-31-118.
PAGE 4-HOUSE BILL 26-1039 24-31-118.
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(1) (a) The attorney general, in collaboration with the advisory committee, pursuant to section 30-10-530 (5)(d), may conduct assessments of each countyjail MUNICIPALJAIL to identifygaps and deficiencies based on the jail standards.
(1) (a) The attorney general, in collaboration with the advisory committee,pursuanttosection30-10-530(5)(d),mayconductassessments of each county jailAND MUNICIPAL JAIL to identify gaps and deficiencies based on the jail standards.
(c) An elected sheriffR A KEEPER OF A MUNICIPAL JAILmay requestthattheattorneygeneralconductaspecialassessmentofajailthat the sheriffR KEEPER OF THE MUNICIPAL JAIL oversees to determine whether the jail meets the jail standards.
(c) Anelectedsheriff ORAKEEPEROFAMUNICIPALJAIL mayrequest that the attorney general conduct a special assessment of a jail that the sheriffORKEEPEROFTHEMUNICIPALJAIL overseestodeterminewhetherthe 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 conduct the special assessmentiftheattorneygeneralhassufficientappropriationstocoverthe costs.
(d) The attorney general may enter into a memorandum of understanding, collaborate, or enter into an agreement with a county sheriffOR KEEPER OF A MUNICIPAL JA, except for a county sheORff -6- 1039 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) SUBSECTION (1) AND SUBSECTION (2)OF THIS SECTION.
(d) The attorney general may enter into a memorandum of understanding,collaborate,orenterintoanagreementwithacountysheriff OR KEEPER OF A MUNICIPAL JAIL , except for a county sheriOR KEEPER OF AMUNICIPALJAIL whosejailisbeingevaluated,orestablishsomeotherpeer 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 tothesheriffRKEEPEROFAMUNICIPALJAIL whosejailwasassessed;the oversight committee;
(2) The attorneygeneral's office shall create a report for each of the jails assessed by the attorney general's office and provide the report to the sheriffOR KEEPER OF A MUNICIPAL JAIL whose jail was assessed;
the board of county commissioners in the county wherethejailislocatedOR ,FORAMUNICIPALJAIL ,THEGOVERNINGBODY INTHECITYWHERETHEJAILISLOCATED ;thecountysheriffsofColorado;
the oversight committee;
the board of county commissioners in the county where the jail is locatedR,FOR A MUNICIPAL JAIL , THE GOVERNING BODY IN THE CITY WHERE THE JAIL IS LOCATED ;
the county sheriffs of Colorado;
A report produced pursuant to this section is not subject to the "Colorado OpenRecordsAct", PART 2 OFARTICLE 72 OFTHISTITLE 24.Theattorney general may release a report at the attorney general's discretion, and a county sheriffR KEEPER OF THE MUNICIPAL JAIL may release a report relating to the county sheriff'sEEPER OF THE MUNICIPAL JAIL 'Sjail after consent from the attorney general's office.
A report produced pursuant to this section is not subject to the "Colorado Open Records Act", PART 2 OF ARTICLE 72 OF THIS TITLE24.
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 relatingtothecountysheriff's ORKEEPEROFTHEMUNICIPALJAIL 'Sjailafter consent from the attorney general's office.
26-20-102.
PAGE 5-HOUSE BILL 26-1039 26-20-102.
(VII) A county jail, as described in section 17-26-101, for restraintsonapregnantpersoninlabor,delivery,orpostpartumrecovery;
(VII) Acountyjail,asdescribedinsection17-26-101,forrestraints on a pregnant person in labor, delivery, or postpartum recovery;
OR (VIII) A MUNICIPAL JAIL,AS DESCRIBED IN SECTION17-26-101.5, -7- 1039 FOR RESTRAINTS ON A PREGNANT PERSON IN LABOR ,DELIVERY ,OR POSTPARTUM RECOVERY .
(VIII) A MUNICIPAL JAIL ,AS DESCRIBED IN SECTION 17-26-101.5, FOR RESTRAINTS ON A PREGNANT PERSON IN LABOR , DELIVERY , OR POSTPARTUM RECOVERY .
(j) (I) To establish and MUNICIPAL jails, correction centers, and reform schools for the reformation and confinement of loiterers and disorderly persons and persons convicted of violatiAgmunicipal 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;
(j)(I) ToestablishanderectMUNICIPAL jails,correctioncenters,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 JAI" MEANS A CITY OR TOWN JAIL, DETENTION FACILITY , CORRECTIONAL CENTER , OR OTHER PENAL INSTITUTIONTHATISOPERATEDBYAMUNICIPALITYANDTHATISUSEDTO DETAINPERSONSFACINGCRIMINALCHARGESANDPERSONSCONVICTEDOF CRIMES .AMUNICIPAL JAIL DOES NOT INCLUDE HOLDING CELLS AT COURT FACILITIE,POLICE STATIONS,OR REFORM SCHOOLS .
(II) AS USED IN THIS SUBSECTION (1)(j)UNLESS THE CONTEXT OTHERWISE REQUIRES , MUNICIPAL JAIL "MEANS A CITY OR TOWN JAIL , DETENTIONFACILITY ,CORRECTIONALCENTER ,OROTHERPENALINSTITUTION THAT IS OPERATED BY A MUNICIPALITY AND THAT IS USED TO DETAIN PERSONS FACING CRIMINALCHARGES AND PERSONS CONVICTED OFCRIMES .
A MUNICIPALJAILDOESNOTINCLUDEHOLDINGCELLSATCOURTFACILITIES , POLICE STATIONS ,OR REFORM SCHOOLS .
Jail standards advisory committee - creation - duties - cash fund - definition - repeal.
Jailstandardsadvisorycommittee-creation-duties PAGE 6-HOUSE BILL 26-1039 - cash fund - definition - repeal.
(IV) One physical or behavioral health professional with experience working in a jail appointed by the legislative oversight -8- 1039 committee for Colorado jail standards created in section 2-3-1901;
(IV) Onephysicalorbehavioralhealthprofessionalwithexperience 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 thelegislativeoversightcommitteeforColoradojailstandardscreatedin section 2-3-190AND (VI) ONENONVOTINGMEMBERWHOREPRESENTSAMUNICIPALITY , APPOINTED BY A STATEWIDE ORGANIZATION REPRESENTING THE INTERESTS OF MUNICIPALITI,OR ITS SUCCESSOR ORGANIZATION.
and (V) Onepersonrepresentingastatewideorganizationthatadvocates onbehalf of people experiencing incarcerationappointedbythelegislative oversightcommitteeforColoradojailstandardscreatedinsection2-3-1901;
AND (VI) O NE NONVOTING MEMBER WHO REPRESENTS A MUNICIPALITY , APPOINTEDBYASTATEWIDE ORGANIZATIONREPRESENTINGTHE INTERESTS OF MUNICIPALITIES ,OR ITS SUCCESSOR ORGANIZATION .
on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly(August 12, 2026, if adjournment sine die is on May 13, 2026);
on the day following the expiration of the ninety-dayperiod 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 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
except that, if a referendumpetitionisfiledpursuanttosection1(3)ofarticleVofthestate 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 approvedbythepeopleatthegeneralelectiontobeheldinNovember2026 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.
-9- 1039
____________________________ ____________________________ 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 PAGE 8-HOUSE BILL 26-1039
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Action History

  1. Governor Signed

  2. Signed by the Speaker of the House

  3. Signed by the President of the Senate

  4. Sent to the Governor

  5. Senate Third Reading Passed - No Amendments

  6. Senate Second Reading Passed - No Amendments

  7. Senate Committee on Judiciary Refer Unamended to Senate Committee of the Whole

  8. Introduced In Senate - Assigned to Judiciary

  9. House Third Reading Passed - No Amendments

  10. House Second Reading Special Order - Passed with Amendments - Committee

  11. House Second Reading Laid Over Daily - No Amendments

  12. House Committee on Judiciary Refer Amended to House Committee of the Whole

  13. House Committee on Judiciary Witness Testimony and/or Committee Discussion Only

  14. Introduced In House - Assigned to Judiciary

Sponsors

Sponsorship breakdown

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5 sponsors · 19 co-sponsors · 77 not signed on · 11 voted No

Sponsors (5)

Co-sponsors (19)

Not signed on (77)

77 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

BILL

Passed 24 Yea · 11 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 20001
Republican 1900
Unaffiliated 3200
Total 241101
% of votes cast 67%31%0%3%
How each member voted (36)
Member Party Vote
Benavidez — Yea
Gonzales J. — Yea
Pelton B. — Nay
Pelton R. — Nay
President — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
Iman Jodeh Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Not Voting
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Yea
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Nay
Cleave Simpson Republican Yea
Janice Rich Republican Nay
John Carson Republican Nay
Larry Liston Republican Nay
Lisa Frizell Republican Nay
Lynda Zamora Wilson Republican Nay
Marc Catlin Republican Nay
Mark Baisley Republican Nay
Scott Bright Republican Nay

Official roll call →

Refer House Bill 26-1039, as amended, to the Committee of the Whole.

Passed 9 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democrat 7000
Republican 2200
Total 9200
% of votes cast 82%18%0%0%
How each member voted (11)
Member Party Vote
Cecelia Espenoza Democrat Yea
Chad Clifford Democrat Yea
Javier Mabrey Democrat Yea
Jennifer Bacon Democrat Yea
Lorena Garcia Democrat Yea
Michael Carter Democrat Yea
Yara Zokaie Democrat Yea
Ava Flanell Republican Nay
Matt Soper Republican Yea
Rebecca Keltie Republican Nay
Scott Slaugh Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1039 do?
Beginning July 1, 2027, the act requires municipal jails to comply with existing jail data collection requirements, standards, and oversight.     The act requires a keeper of a municipal jail to release a pregnant person charged with a violation of a municipal ordinance from custody if jail staff have a reasonable belief the person is in labor unless remaining in custody is necessary for the health or welfare of the person. If the pregnant person in labor is not released, the use of restraints is prohibited during the labor, delivery, and postpartum recovery, and the jail staff shall make a written record that the labor, delivery, and postpartum recovery occurred at the jail and record the reason the pregnant person was not released from custody.     The act requires council members of a city that has a city jail to examine the jail's management and sufficiency at least once a year and allows the attorney general to conduct assessments of municipal jails to identify gaps and deficiencies based on the jail standards.     The act adds a nonvoting member who represents a municipality to the jail standards advisory committee.(Note: This summary applies to this bill as enacted.)
Who sponsors HB 1039?
HB 1039 is sponsored by Adrienne Benavidez, K. Wallace, J. Marchman, C. Kipp, N. Hinrichsen, J. Gonzales, T. Exum, L. Cutter, J. Coleman, J. Amabile, M. Weissman, I. Jodeh, Naquetta Ricks (Democrat), Chris Richardson (Republican), Jennifer Bacon (Democrat), Kyle Brown (Democrat), Regina English (Democrat), Cecelia Espenoza (Democrat), Jamie Jackson (Democrat), Mandy Lindsay (Democrat), Javier Mabrey (Democrat), Chad Clifford (Democrat), Kenny Nguyen (Democrat), and Michael Carter (Democrat).
What is the current status of HB 1039?
This bill has been enacted into law. Introduced January 14, 2026. Enacted.
Where can I track HB 1039?
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