2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 1 - ATTORNEY GENERAL (§§ 24-31-101 — 24-31-119) › Section 24-31-118 - Jail standard assessments - repeal

(1)
(a)
The attorney general, in collaboration with the advisory committee, pursuant to section 30-10-530 (5)(d), may conduct assessments of each county jail to identify gaps and deficiencies based on the jail standards.
(b)
Starting July 1, 2025, the governor or the oversight committee may make a written request to the attorney general to conduct a special assessment of a jail, and the attorney general may conduct the special assessment of the jail.
(c)
An elected sheriff may request that the attorney general conduct a special assessment of a jail that the sheriff oversees to determine whether the 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 request an appropriation during the figure setting process to conduct special assessments.
(d)
The attorney general may enter into a memorandum of understanding, collaborate, or enter into an agreement with a county sheriff, except for a county sheriff 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).
(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 to the sheriff whose jail was assessed, the oversight committee, the board of county commissioners in the county where the jail is located, the county sheriffs of Colorado, and the governor. The 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 the Colorado open records act. The attorney general may release a report at the attorney general's discretion, and a county sheriff may release a report relating to the county sheriff's jail after consent from the attorney general's office.
(3)
Following a jail assessment or special assessment, The attorney general may provide technical assistance and recommendations to meet the jail standards and address any deficiencies.
(4)
(a)
The attorney general's office, during its "SMART Act" hearing, as required by section 2-7-203, shall include 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 repealed, effective September 1, 2033.
(5)
Sections 2-3-1901, 2-3-1901.5, 24-31-118, and 30-10-530 do 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 Colorado.
(6)
As used in this section:
(a)
"Advisory committee" means the jail standards advisory committee created pursuant to section 30-10-530.
(b)
"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)
"Oversight committee" means the legislative oversight committee for Colorado jail standards created in section 2-3-1901.
Added by 2024 Ch. 328,§ 6, eff. 6/3/2024.