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Preventing Sexual Abuse in Jails

Concerning measures to prevent sexual abuse in jails, and, in connection therewith, making an appropriation.

HB26-1123 2026 Regular Session Signed into Law Crimes, Corrections, & Enforcement

Cost estimates

At the first note read
$46,886
FACT March 3, 2026
At the last note read
$46,886
FACT July 1, 2026
What it actually cost
not published
No Colorado source reports spending for one bill

Every figure here is an estimate by Legislative Council Staff on the date shown, about the version of the bill in front of them that day. It is not a cost.

The appropriation

The bill carries its own money. A note saying a bill “requires and includes” an appropriation means the money is in the bill itself.

An appropriation is money the legislature sets aside. It is not money spent.

The appropriation field, read from the note: For FY 2026-27, the bill requires and includes an appropriation of $38,916 to the Department of Law.

Bill summary

     The act permits a county or municipal jail (local detention facility) to conduct a strip search of a person who is detained in the local detention facility, only:

  • When the facility is conducting intake of the detained person who has come in from outside the facility and a strip search upon intake is part of the detention facility's policy;
  • When 2 personnel of the facility have determined and reasonably believe the detained person is concealing a controlled substance, a dangerous instrument, or contraband; or
  • Under a circumstance or set of conditions in which there has been a prior incident of possession of a controlled substance, a dangerous instrument, contraband, or any other item that creates grave danger to property or injury to persons and substantially obstructs the performance of the institutional functions of the local detention facility, the circumstance or set of conditions give rise to a substantial likelihood that a similar incident may occur again, and the local detention facility has a written policy authorizing a strip search under the circumstances or set of conditions.

     The act requires that each local detention facility document the number of, reason for, and results of a strip search in a report that each facility must submit annually to the jail standards advisory committee and the Colorado attorney general. The act requires detention facility personnel to record strip searches via body-worn camera and limits access to the recordings. The act requires each sheriff to coordinate with the sheriff's body-worn camera vendor to implement a tag for strip searches in body-worn camera footage tagging options and ensure that strip search footage has the most restrictive level of access available within the sheriff's body-worn camera system.

     The act requires local detention facilities to have a policy detailing staff protocol for responding to suspected, alleged, or witnessed sexual abuse and requires staff to report suspected, alleged, or witnessed sexual abuse. The act creates whistleblower protection policies for jail staff and creates a right of action against a local detention facility for a staff member who was subject to an adverse employment action because the staff member disclosed information to the proper supervising authority about sexual abuse or sex-based harassment in the local detention facility.

     The act 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 act 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 act requires the removal of peace officers standards and training board (P.O.S.T. board) 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 act appropriates $38,916 to the department of law from the P.O.S.T. board cash fund for P.O.S.T. board support.

FACT Bill summary by Colorado Legislative Council Staff, read 2026-09-23. Printed as published, word for word. Source: leg.colorado.gov (opens in a new tab)