Colo. Rev. Stat. § 30-10-530

Current through Chapter 492 of the 2024 Legislative Session
Section 30-10-530 - Jail standards advisory committee - creation - duties - cash fund - definition
(1) The department of public safety shall contract with the county sheriffs of Colorado to create a jail standards advisory committee.
(2)
(a) The jail standards advisory committee consists of:
(I) Two sheriffs, or their designees, appointed by a statewide organization representing the county sheriffs of Colorado, or its successor organization;
(II) Two county commissioners appointed by Colorado counties, incorporated, or its successor organization;
(III) The state public defender or the state public defender's designee;
(IV) One physical or behavioral health professional with experience 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 the legislative oversight committee for Colorado jail standards created in section 2-3-1901.
(b) To the extent possible, the members must reflect the geographic, racial, and ethnic diversity of the state, and, when possible, include one or more members who is a person with a disability.
(c) The members' terms are for two years; except that the initial terms for the members appointed pursuant to subsections (2)(a)(I) and (2)(a)(IV) of this section are for three years. A member may be reappointed for more than one term. The appointments must be made by July 1, 2024.
(3) The jail standards advisory committee shall begin meeting in July of 2024 and shall plan assessments of jails to begin in January 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 duties.
(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) To advise the attorney general on the selection of peer assessors to perform jail assessments for compliance with the jail standards in collaboration with the attorney general's office pursuant to section 24-31-118. Jail assessors shall have expertise in the relevant subject areas of the jail standards and, when appropriate, have worked in jails.
(c) To set a schedule for jail assessments with the expectation that each jail is inspected at least every five years;
(d) In consultation with peer assessors, to set rules and establish guidelines and minimum procedures for jail assessments, which at a minimum require:
(I) Reviewing the written policies and procedures at the jail;
(II) Physically inspecting the jail's facilities;
(III) Interviewing relevant staff of the jail; and
(IV) when appropriate, interviewing individuals who are incarcerated in the jail;
(e) In cooperation with the peer assessors, to complete a report for each jail assessment, which includes reports of standards which the jail is out of compliance with, and includes any recommendations for improvement;
(f) To establish rules and a process for jails to seek a variance from Jail standards;
(g) To 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) To make recommendations to the legislative oversight committee about any legislative actions which would support compliance with the jail standards, improve the implementation of jail standards, or improve operations of jails consistent with the jail standards;
(k) To recommend changes to the jail standards to the legislative Oversight committee; and
(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 standards.
(6) The jail standards advisory committee may make recommendations to the general assembly regarding methods to seek improvements to comply with jail standards.
(7)
(a) The jail standards advisory committee cash fund is created in the state treasury. The fund consists of money appropriated by the general assembly.
(b) The 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) The jail standards advisory committee shall annually submit a report to the legislative oversight committee for Colorado jail standards created in section 2-3-1901 to 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 necessary supports for local jails to comply with jail standards.
(9) For purposes of this section, "Jail standards" means the 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.

C.R.S. § 30-10-530

Added by 2024 Ch. 328,§ 7, eff. 6/3/2024.