Struck = removed from the bill ยท
added = the amendment's new text.
SecondHB1054_S_APP.002 RegularNOT SessionAMENDED Seventy-fourthSENATE GeneralCOMMITTEE Assembly STATE OF COLORADOREFERENCE ENGROSSEDREPORT This_______________________________ VersionMay Includes4, All2024 AmendmentsChair Adoptedof onCommittee SecondDate ReadingCommittee inon theAppropriations. House of Introduction LLS NO.
24-0525.01After Michaelconsideration Dohron x4347the HOUSEmerits, BILLthe 24-1054Committee HOUSErecommends SPONSORSHIPthe Amabilefollowing: and Garcia, SENATE SPONSORSHIP Fields and Coleman, House Committees Senate Committees Judiciary Legislative Council Appropriations A BILL FOR AN ACT C ONCERNING IMPLEMENTATION OF JAIL STANDARDS IN C OLORADO , AND ,INCONNECTIONTHEREWITH ,MAKINGANAPPROPRIATION .
BillHB24-1054 Summarybe (Note:referred to the Committee of the Whole with favorable recommendation.
This** summary*** applies** to*** this** bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.) Legislative Oversight Committee Concerning Colorado Jail Standards.
There is currently a jail standards oversight committee and commission (oversight committee and commission) tasked with developing jail standards in Colorado.
The oversight committee and commission are set to repeal on July 1, 2024.
The bill repeals the i 4 commission and extends the oversight committee until September 1, a 0 S R , O n 2 Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
H 2 r Capital letters or bold & italic numbers indicate new material to be added to existingdlaw.
Dashes through the words or numbers indicate deletions from existing law.
e m A 2033.
Each county jail shall comply with the standards adopted by the oversight committee beginning July 1, 2026.
The oversight committee shallpostthestandardson its website.
If the oversight committee revises ajailstandard,eachcountyjailshallcomplywiththerevisedstandardno later than one year after the revision is adopted, or earlier if specified by the oversight committee when adopting the revision.
The bill creates a jail standards advisory committee (advisory committee).
The advisory committee consists of:
! 2 sheriffs appointed by a statewide organization representing the county sheriffs of Colorado;
! 2 county commissioners appointed by Colorado counties, incorporated;
! The state public defender or the state public defender's designee;
! One physical or behavioral health professional with experience working in a jail appointed by the oversight committee;
and ! One person representing a statewide organization that advocates on behalf of people experiencing incarceration appointed by the oversight committee.
The duties of the advisory committee include, but are not limited to:
! Utilize peer assessors selected by the advisory committee to perform assessments of a jail's physical facilities and its written policies and procedures to assess compliance with jail standards;
! Providetheoversightcommitteewithrecommendationsfor revising jail standards and ways to address jail needs necessary to comply with jail standards;
and ! Providetheoversightcommitteewithrecommendationsto address jail needs necessary to complywith jail standards.
The advisory committee may also establish a process to grant variances from the jail standards to local jails.
Thebillcreatesthejailstandardsadvisorycommitteecashfundto fund the activities of the advisory committee.
The bill requires the attorney general to conduct assessments of jails,inconjunctionwiththeadvisorycommittee,forcompliancewithjail standards.Theattorneygeneralmayalso conductanindependentspecial assessment of a jail when requested by the governor, the oversight committee, or a sheriff.
The attorney general shall prepare a report of each special assessment.
The advisory committee shall annually submit a report to the oversight committee.
Thebillrequiresthe division of criminal justice in the department of public safety to create a list of funding assistance available to jails to -2- 1054 offset the costs of compliance with the jail standards.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.
In Colorado Revised Statutes, 2-3-1901, amend (1)(b)(I) and (1)(b)(II);
and add (2)(e), (2)(f), and (3) as follows:
2-3-1901.
Legislative oversight committee for Colorado jail standards - creation - duties - repeal.
(1) Creation (b) The committee consists of six members.
The president of the senate, the minorityleader ofthesenate,thespeakerofthehouseofrepresentatives,andtheminority leader of the house of representatives shall appoint the members of the committee as follows:
(I) The president of the senate shall appoint two senators to serve on the committee and designate one of the senatorsE CHAIR OFTHE COMMITTEE IN ODD -NUMBERED YEARS AND AS the vice-chair of the committee IN EVEN-NUMBERED YEARS , and the minority leader of the senate shall appoint one senator to serve on the committee;
(II) The speaker of the house of representatives shall appoint two representatives to serve on the committee and designate one of the representatives as the chair of the committeeEN-NUMBERED YEARS AND AS THE VICE-CHAIR OF THE COMMITTEE IN ODD -NUMBERED YEARS , and the minorityleader of the house of representatives shall appoint one representative to serve on the committee;
(2) Duties.
(e) (I) TE COMMITTEE MAY INTRODUCE UP TO A TOTAL OF THREE BILLS, JOINT RESOLUTIONS , OR CONCURRENT RESOLUTIONS DURING A REGULAR LEGISLATIVE SESSION.
B ILLS INTRODUCED BY THE COMMITTEE ARE EXEMPT FROM THE FIVE -BILL LIMITATION SPECIFIED IN RUL24 (b)(1)(A)OF THE JOINT RULES OF THE -3- 1054 SENATE AND THE HOUSE OF REPRESENTATIVES .JOINT RESOLUTIONS AND CONCURRENTRESOLUTIONSINTRODUCEDBYTHECOMMITTEEAREEXEMPT FROM THE LIMITATIONS SET OUT IN RULE 26 (g)OF THE RULES OF THE HOUSE OF REPRESENTATIVES AND RULE 30 (f)OF THE RULES OF THE SENATE .
(II) THE COMMITTEE IS EXEMPT FROM THE REQUIREMENT TO REPORT BILLS OR OTHER MEASURES TO THE LEGISLATIVE COUNCIL AS SPECIFIEDINRULE 24(b)(1)(D)ANDRULE 24A(d)(8)OFTHEJOINTRULES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES AND IN SECTION 2-3-303 (1)(f).
T COMMITTEE IS SUBJECT TO RULE 24A OF THE JOINT RULES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES,EXCEPT TO THE EXTENT THAT THE RULE MAY CONFLICT WITH THIS PART19.
(III) BILLS RECOMMENDED BY THE COMMITTEE MUST BE INTRODUCED BY THE INTRODUCTION DEADLINE FOR HOUSE BILLS SPECIFIED IN RUL23 (a)(1OFTHE JOINT RULES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES .
(IV) THE CHAIR AND VICE-CHAIR SHALL JOINTLY ESTABLISH THE LAST DATE FOR THE MEETING AT WHICH THE COMMITTEE MAY APPROVE BILL REQUESTS,THE LAST DATE BY WHICH COMMITTEE MEMBERS MUST FINALIZE BILL DRAFTS OR BY WHICH BILL DRAFTS WILL BE DEEMED FINALIZEDFORFISCALNOTEPURPOSES ANDTHELASTDATEBYWHICHTHE COMMITTEE WILL CONSIDER AND TAKE FINAL ACTION ON BILL DRAFTS.
(f) THECOMMITTEESHALLCONSIDERTHEREPORTSFROMTHEJAIL STANDARDS ADVISORY COMMITTEE CREATED IN SECTION 30-10-529AND MAY REVISE THE JAIL STANDARDS BASED ON INFORMATION IN THE REPORTS .
(3)(a) THISSECTIONISREPEALED ,EFFECTIVESEPTEMBER 1,2033.
-4- 1054 (b) RIORTOTHISSECTION 'SREPEAL,THELEGISLATIVEOVERSIGHT COMMITTEE IS SUBJECT TO REVIEW PURSUANT TO SECTIO2-3-1203.
SECTION 2.
In Colorado Revised Statutes, add 2-3-1901.5 as follows:
2-3-1901.5.
Jail standards compliance.
ECH COUNTY JAIL SHALL COMPLY WITH THE STANDARDS ADOPTED BY THE LEGISLATIVE OVERSIGHT COMMITTEE PURSUANT TO SECTION 2-3-1901(2)BEGINNING JULY 1, 2026.
THE COMMITTEE SHALL POST THE STANDARDS ON ITS WEBSITE .F THE COMMITTEE REVISES A JAIL STANDARD,EACH COUNTY JAIL SHALL COMPLY WITH THE REVISED STANDARD NO LATER THAN ONE YEAR AFTER THE REVISION IS ADOPTE,OR EARLIER IF SPECIFIED BY THE COMMITTEE WHEN ADOPTING THE REVISION .
A COUNTY JAIL DOES NOT HAVE TO COMPLY WITH A STANDARD OR REVISED STANDARD IF IT RECEIVES A VARIANCE FROM THE STANDARD PURSUANT TO SECTION 30-10-529 (5)(g).
SECTION 3.
In Colorado Revised Statutes, repeal 2-3-1902, 2-3-1903, and 2-3-1904.
SECTION 4.
In Colorado Revised Statutes, 2-3-1203, add (24) as follows:
2-3-1203.
Sunset review of advisory committees - legislative declaration - definition - repeal.
(24) (a) TOWING STATUTORY AUTHORIZATIONS FOR THE DESIGNATED ADVISORY COMMITTEES WILL REPEAL ON SEPTEMBER 1, 2033:
(I) TELEGISLATIVEOVERSIGHTCOMMITTEEFOR COLORADOJAIL STANDARDS CREATED IN SECTION 2-3-1901.
(b) THISSUBSECTION (24ISREPEALED ,EFFECTIVESEPTEMBER 1, 2035.
-5- 1054 SECTION 5.
In Colorado Revised Statutes, 24-31-101, amend (1)(t) and (1)(u);
and add (1)(v) as follows:
24-31-101.
Powers and duties of attorney general.
(1) The attorney general:
(t) May bring a civil action to enforce section 25-7-144;
and (u) May, if the attorney general has reason to believe that a violation of a statute or rule is causing an imminent and substantive endangerment to the public health, water quality, or environment within a mobile home park, request a temporary restraining order, preliminary injunction, permanent injunction, or anyother relief necessaryto protect the public health, water quality, or environment;
(v) MAY CONDUCT JAIL ASSESSMENTS IN COLLABORATION WITH THE JAIL STANDARDS ADVISORY COMMITTEE ,CREATED PURSUANT TO SECTION 30-10-529PURSUANT TO SECTION 24-31-117.
SECTION 6.
In Colorado Revised Statutes, add 24-31-117 as follows:
24-31-117.
Jail standardassessments - repeal.
(1) (aHET ATTORNEY GENERAL , IN COLLABORATION WITH THE ADVISORY COMMITTEE ,PURSUANT TO SECTION 30-10-529 (5)(dMAY CONDUCT ASSESSMENTSOFEACHCOUNTYJAILTOIDENTIFYGAPSANDDEFICIENCIES BASED ON THE JAIL STANDARD.
(b) STARTING ULY 1, 2025,THE GOVERNOR OR THE OVERSIGHT COMMITTEEMAYMAKEAWRITTENREQUESTTOTHEATTORNEYGENERAL TO CONDUCT A SPECIAL ASSESSMENT OF A JAIL, AND THE ATTORNEY GENERAL MAY CONDUCT THE SPECIAL ASSESSMENT OF THE JAI.
(c) A N ELECTED SHERIFF MAY REQUEST THAT THE ATTORNEY GENERAL CONDUCT A SPECIAL ASSESSMENT OF A JAIL THAT THE SHERIFF -6- 1054 OVERSEESTODETERMINEWHETHERTHEJAILMEETSTHEJAILSTANDARDS .
THEATTORNEYGENERALMAYCONDUCTTHESPECIALASSESSMENTIFTHE 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 OFUNDERSTANDING ,COLLABORATE ORENTERINTOANAGREEMENTWITH A COUNTY SHERIFF,EXCEPT FOR A COUNTY SHERIFF WHOSE JAIL IS BEING EVALUATED ,ORESTABLISHSOMEOTHERPEERREVIEWGROUPSTRUCTURE TOASSISTINCONDUCTINGTHEASSESSMENTSANDREPORTSDESCRIBEDIN SECTION 24-31-117 (1AND(2).
(2) THE ATTORNEY GENERAL S OFFICE SHALL CREATE A REPORT FOR EACH OF THE JAILS ASSESSED BY THE ATTORNEY GENERAS OFFICE ANDPROVIDETHEREPORTTOTHESHERIFFWHOSEJAILWASASSESSED ,THE OVERSIGHT COMMITTEE ,THE BOARD OF COUNTY COMMISSIONERS IN THE COUNTY WHERE THE JAIL IS LOCATED , THE COUNTY SHERIFFS OF C OLORADO , AND THE GOVERNOR .
T HE 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 THECOLORADO OPEN RECORDS ACT .THE ATTORNEY GENERAL MAY RELEASE A REPORT AT THE ATTORNEYGENERAL 'SDISCRETIONANDACOUNTYSHERIFFMAYRELEASE AREPORTRELATINGTOTHECOUNTYSHERIFF SJAILAFTERCONSENT FROM THE ATTORNEY GENERAL S OFFIC.
(3) FLLOWINGAJAILASSESSMENTORSPECIALASSESSMENT ,THE ATTORNEY GENERAL MAY PROVIDE TECHNICAL ASSISTANCE AND -7- 1054 RECOMMENDATIONS TO MEET THE JAIL STANDARDS AND ADDRESS ANY DEFICIENCIE.
(4) (a) HE ATTORNEY GENERAL S OFFIC,DURING ITS"SMART A CT"HEARING AS REQUIRED BY SECTION2-7-203SHALLINCLUDE IN ITS REPORT THE TOTAL NUMBER OF COMPLAINTS RECEIVED THROUGH THE COMPLAINT PROCESS AS DESIGNATED BY THE ATTORNEY GENERAL S OFFICE REGARDING JAIL STANDARDS VIOLATIONS AND THE NUMBER OF COMPLAINTS RECEIVED PER TOPIC AND PROVIDE A SUMMARY OF THE ASSESSMENTS AND SPECIAL ASSESSMENTS COMPLETED IN THE PREVIOUS YEAR .
(b) THIS SUBSECTION(4)IS REPEALE,EFFECTIVESEPTEMBER 1, 2033.
(5) SCTIONS 2-3-1901,2-3-1901.5,24-31-1AND 30-10-529DO NOT IN ANY WAY LIMIT OR RESTRICT THE ATTORNEY GENERAL S AUTHORITY TO INVESTIGATE PATTERNS OR PRACTICES PURSUANT TO SECTION 24-31-113, INCLUDING BUT NOT LIMITED TO ANY NONCOMPLIANCE WITH JAIL STANDARDS THAT CONSTITUTES A PATTERN OR PRACTICE OF CONDUCT THAT DEPRIVES PERSONS OF RIGHTS , PRIVILEGES, OR IMMUNITIES SECURED OR PROTECTED BY THE CONSTITUTION OR LAWS OF THE UNITED STATES OR THE STATE OF C OLORADO .
(6) AS USED IN THIS SECTI:N (a) "ADVISORY COMMITTEE " MEANS THE JAIL STANDARDS ADVISORY COMMITTEE CREATED PURSUANT TO SECTION 30-10-529.
(b) "JIL STANDARDS"MEANS THE JAIL STANDARDS ADOPTED BY THE LEGISLATIVE OVERSIGHT COMMITTEE CONCERNING COLORADO JAIL STANDARDS PURSUANT TO SECTION 2-3-1901 (2AND ANY SUBSEQUENT -8- 1054 REVISIONS TO THE STANDARDS.
(c) "OERSIGHTCOMMITTEE "MEANSTHELEGISLATIVEOVERSIGHT COMMITTEE FOR C OLORADO JAIL STANDARDS CREATED IN SECTION 2-3-1901.
SECTION 7.
In Colorado Revised Statutes, add 30-10-529 as follows:
30-10-529.
Jail standards advisory committee - creation - duties-cashfund-definition.(1) TEDEPARTMENTOFPUBLICSAFETY SHALLCONTRACT WITH THE COUNTY SHERIFFS OFC OLORADO TO CREATE A JAIL STANDARDS ADVISORY COMMITTEE.
(2) (a) T JAILSTANDARDS ADVISORY COMMITTEE CONSISTS OF:
(I) TWO SHERIFFS, OR THEIR DESIGNEES ,APPOINTED BY A STATEWIDE ORGANIZATION REPRESENTING THE COUNTY SHERIFFS OF C OLORADO ,OR ITS SUCCESSOR ORGANIZATIO;
(II) TWO COUNTY COMMISSIONERS APPOINTED BY COLORADO COUNTIES,INCORPORATED ,OR ITS SUCCESSOR ORGANIZATIO;
(III) THE STATE PUBLIC DEFENDER OR THE STATE PUBLIC DEFENDER S DESIGNEE;
(IV) ONEPHYSICALORBEHAVIORALHEALTHPROFESSIONALWITH EXPERIENCE WORKING IN A JAIL APPOINTED BY THE LEGISLATIVE OVERSIGHT COMMITTEE FOR COLORADO JAIL STANDARDS CREATED IN SECTION 2-3-1901AND (V) O NE PERSON REPRESENTING A STATEWIDE ORGANIZATION THAT ADVOCATES ON BEHALF OF PEOPLE EXPERIENCING INCARCERATION APPOINTED BYTHE LEGISLATIVE OVERSIGHT COMMITTEE FORCOLORADO JAIL STANDARDS CREATED IN SECTIO2-3-1901.
(b) TO THE EXTENT POSSIBL,THE MEMBERS MUST REFLECT THE -9- 1054 GEOGRAPHIC ,RACIAL,AND ETHNIC DIVERSITY OF THE STAT,AND ,WHEN POSSIBLE, INCLUDE ONE OR MORE MEMBERS WHO IS A PERSON WITH A DISABILITY.
(c) THE MEMBERS 'TERMSAREFORTWOYEARS ;EXCEPT THAT THE INITIALTERMSFORTHEMEMBERSAPPOINTEDPURSUANTTOSUBSECTIONS (2)(a)(I)AND (2)(a)(IV)OF THIS SECTION ARE FOR THREE YEARS .
A MEMBER MAY BE REAPPOINTED FOR MORE THAN ONE TERM .
T HE APPOINTMENTS MUST BE MADE BY JULY 1, 2024.
(3) T HE JAIL STANDARDS ADVISORY COMMITTEE SHALL BEGIN MEETING IN JULY OF2024 AND SHALL PLAN ASSESSMENTS OF JAILS TO BEGIN INJANUARY OF 2025.
(4) THE JAIL STANDARDS ADVISORY COMMITTEE SHALL SELECT A CHAIR FROM AMONG ITS MEMBERS AND MAY ADOPT BYLAWS AS NECESSARY TO FULFILL ITS DUTIE.
(5) THE JAIL STANDARDS ADVISORY COMMITTEE SHALL PERFORM THE FOLLOWING DUTIES :
(a) TO SET RULES AND ESTABLISH GUIDELINES AND PROCEDURES FOR THE ADVISORY COMMITTEE ;
(b) T O ADVISE THE ATTORNEY GENERAL ON THE SELECTION OF PEER ASSESSORS TO PERFORM JAIL ASSESSMENTS FOR COMPLIANCE WITH THEJAILSTANDARDSINCOLLABORATIONWITHTHEATTORNEYGENERAL 'S OFFICE PURSUANT TO SECTION 24-31-117.
AIL ASSESSORS SHALL HAVE EXPERTISE IN THE RELEVANT SUBJECT AREAS OF THE JAIL STANDARDS AND ,WHEN APPROPRIATE ,HAVE WORKED IN JAILS .
(c) T O SET A SCHEDULE FOR JAIL ASSESSMENTS WITH THE EXPECTATIONTHATEACHJAILISINSPECTEDATLEASTEVERYFIVEYEARS ;
(d) IN CONSULTATION WITH PEER ASSESSORS ,TO SET RULES AND -10- 1054 ESTABLISH GUIDELINES AND MINIMUM PROCEDURES FOR JAIL ASSESSMENTS ,WHICH AT A MINIMUM REQUIRE :
(I) REVIEWING THE WRITTEN POLICIES AND PROCEDURES AT THE JAIL;
(II) PYSICALLY INSPECTING THE JAIS FACILITIE;
(III) ITERVIEWING RELEVANT STAFF OF THE JAI;AND (IV) W HEN APPROPRIATE,INTERVIEWING INDIVIDUALS WHO ARE INCARCERATED IN THE JAI;
(e) I COOPERATION WITH THE PEER ASSESSORS,TO COMPLETE A REPORT FOR EACH JAIL ASSESSMENT , WHICH INCLUDES REPORTS OF STANDARDSWHICHTHE JAILISOUTOFCOMPLIANCEWITH ,ANDINCLUDES ANY RECOMMENDATIONS FOR IMPROVEMENT ;
(f) TO ESTABLISH RULES AND A PROCESS FOR JAILS TO SEEK A VARIANCE FROM JAIL STANDARDS ;
(g) T O REVIEW VARIANCE REQUESTS AND APPROVE OR DENY VARIANCE REQUESTS ;
(h) TO DETERMINE GUIDELINES FOR WHAT IS PROVIDED ON THE DASHBOARD PURSUANT TO SECTION 24-33.5-503 (1)(ee);
(i) TO SUBMIT AN ANNUAL REPORT TO THE LEGISLATIVE OVERSIGHT COMMITTEE ;
(j) TMAKERECOMMENDATIONSTOTHELEGISLATIVEOVERSIGHT COMMITTEE ABOUT ANY LEGISLATIVE ACTIONS WHICH WOULD SUPPORT COMPLIANCEWITHTHEJAILSTANDARDS ,IMPROVETHEIMPLEMENTATION OFJAILSTANDARDS ,ORIMPROVEOPERATIONSOFJAILSCONSISTENTWITH THE JAIL STANDARDS;
(k) TO RECOMMEND CHANGES TO THE JAIL STANDARDS TO THE LEGISLATIVE OVERSIGHT COMMITTEE ;AND -11- 1054 (l) TO ENGAGE COOPERATIVELY WITH COUNTY COMMISSIONERS , SHERIFFS,AND THOSE WORKING IN JAILS .
THIS INCLUDES PROVIDING INFORMATION ABOUT THE JAIL STANDARDS , JAIL ASSESSMENTS,AND MAKING RECOMMENDATIONS TO IMPROVE THE OPERATION OF JAILS CONSISTENT WITH THE JAIL STANDARD.
(6) T HE JAIL STANDARDS ADVISORY COMMITTEE MAY MAKE RECOMMENDATIONSTOTHEGENERALASSEMBLYREGARDINGMETHODSTO SEEK IMPROVEMENTS TO COMPLY WITH JAIL STANDARDS .
(7) (a) TEJAILSTANDARDSADVISORYCOMMITTEECASHFUNDIS CREATED IN THE STATE TREASURY .
THE FUND CONSISTS OF MONEY APPROPRIATED BY THE GENERAL ASSEMBLY .
(b) T HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE JAIL STANDARDS ADVISORY COMMITTEE CASH FUND TO THE FUND.
(c) THE DEPARTMENT OF PUBLIC SAFETY SHALL EXPEND MONEY FROM THE FUND TO REIMBURSE COSTS RELATED TO THE JAIL STANDARDS ADVISORY COMMITTEE .
(8) TEJAILSTANDARDSADVISORYCOMMITTEESHALLANNUALLY SUBMIT A REPORT TO THE LEGISLATIVE OVERSIGHT COMMITTEE FOR C OLORADO JAILSTANDARDS CREATED IN SECTION2-3-1901TO INCLUDE:
(a) THE RESULTS AND STATUS OF ANY ASSESSMENTS CONDUCTED THAT YEAR BY COUNTY ;
(b) THE NUMBER AND NATURE OF VARIANCES GRANTED ;
(c) RECOMMENDATIONS REGARDING JAIL STANDARDS ;AND (d) RECOMMENDATIONS REGARDING FUNDING OR OTHER NECESSARYSUPPORTSFORLOCALJAILSTOCOMPLYWITHJAILSTANDARDS .
(9) FRPURPOSESOFTHISSECTION ,"JAILSTANDARDS"MEANSTHE -12- 1054 JAIL STANDARDS ADOPTED BY THE LEGISLATIVE OVERSIGHT COMMITTEE CONCERNING COLORADO JAIL STANDARDS PURSUANT TO SECTION 2-3-1901 (2)AND ANY SUBSEQUENT REVISIONS TO THE STANDARDS.
SECTION 8.
In Colorado Revised Statutes, 24-33.5-503, add (1)(ee) and (1)(ff) as follows:
24-33.5-503.
Duties of division.
(1) The division has the following duties:
(ee) TO MAINTAIN A DASHBOARD OF THE BASIC FINDINGS OF JAIL ASSESSMENTS CONDUCTED PURSUANT TO SECTION 30-10-529 (5)AND (ff) TO CREATE ,MAINTAIN ,AND UPDATE A LIST OF FUNDING ASSISTANCE AND RELATED RESOURCES THAT IS AVAILABLE TO JAILS TO OFFSET THE COSTSASSOCIATEDWITH COMPLYINGWITHJAILSTANDARDS .
SECTION 9.
In Colorado Revised Statutes, 24-72-202, amend (6)(b)(XVI) and (6)(b)(XVII);
and add (6)(b)(XVIII) as follows:
24-72-202.
Definitions.
As used in this part 2, unless the context otherwise requires:
(6) (b) "Public records" does not include:
(XVI) Records related to complaints received bythe office of the judicial discipline ombudsman pursuant to section 13-3-120, including any record that names or otherwise identifies a specific complainant or other person involved in the complaint;
or (XVII) Acomplaintofharassmentordiscrimination,asdescribed in section 22-1-143, that is unsubstantiated and all records related to the unsubstantiated complaint, including records of an investigation into the complaint;OR (XVIII) JAIL ASSESSMENTS CONDUCTED PURSUANT TO SECTION 30-10-529 (5)(d)R 24-31-117.
-13- 1054 SECTION10.
In Colorado RevisedStatutes,24-75-402,amend (5)(ccc) and (5)(ddd);
and add (5)(eee) as follows:
24-75-402.
Cash funds - limit on uncommitted reserves - reduction in the amount of fees - exclusions - definitions.
(5) Notwithstanding any provision of this section to the contrary, the following cash funds are excluded from the limitations specified in this section:
(ccc) The wildfire resiliency code board cash fund created in section 24-33.5-1236 (8);
and (ddd) Theclosedlandfillremediationgrantprogramfundcreated in section 30-20-124 (8);
(eee) THE JAIL STANDARDS ADVISORY COMMITTEE CASH FUND CREATED IN SECTION30-10-529 (7).
SECTION 11.
Appropriation.
(1) For the 2024-25 state fiscal year, $305,000 is appropriated to the jail standards advisory committee cashfundcreatedinsection30-10-529,(7)(a),C.R.S.Thisappropriation is from the general fund.
The department of public safety is responsible for the accounting related to this appropriation.
(2) For the 2024-25 state fiscal year, $305,000 is appropriated to thedepartmentofpublicsafety.Thisappropriationisfromreappropriated fundsinthejailstandardsadvisorycommitteecashfundundersubsection (1) of this section.
To implement this act, the department may use this appropriation for DCJ administrative services.
(3) For the 2024-25 state fiscal year, $41,248 is appropriated to thelegislativedepartment.Thisappropriationisfromthegeneralfund.To implementthisact,thedepartmentmayusethisappropriationasfollows:
(a) $22,431 for use by the legislative council, which amount is -14- 1054 based on an assumption that the council will require an additional 0.3 FTE;
(b) $14,571 for use by the committee on legal services, which amount is based on an assumption that the committee will require an additional 0.2 FTE;
and (c) $4,246 for use by the general assembly.
(4)Forthe2024-25statefiscalyear,$12,532isappropriatedtothe department of law for use by consumer protection.
This appropriation is from the general fund and is based on an assumption that the department willrequireanadditional0.1FTE.Toimplementthisact,thedepartment may use this appropriation for patterns and practices.
SECTION 12.
Safety clause.
The general assembly finds, determines, and declares that this act is necessary for the immediate preservationofthepublicpeace,health,orsafetyorforappropriationsfor the support and maintenance of the departments of the state and state institutions.
-15- 1054