Communication Rights for Persons in Custody

Stronger Legal Access for People in Custody

Colorado law expands access to lawyers for people who are arrested, jailed, or imprisoned. Arrested people can contact their chosen lawyer and a family member through reasonable calls or another reasonable method. That right renews when they move to a new place of custody. People in custody can meet alone and privately with a Colorado lawyer or the lawyer’s authorized representative. Meetings can happen as often and last as long as reasonable. Staff must admit counsel upon a legally authorized request, with the confined person’s express consent. Staff must also let lawyers or their representatives initiate contact by phone, video, or another reasonable electronic method chosen by facility administrators. These conversations must be private, unrecorded, free for both sides, and allowed promptly, subject to reasonable operating procedures. Authorized representatives are professionals working for a lawyer, law office, or state agency to help provide legal representation. Their lawyer’s permission to consult with clients must be confirmable by law enforcement. A request for a lawyer or a court-ordered financial screening allows public defender staff to check counsel needs and financial eligibility. People found unable to afford counsel must apply for public defender representation. Public defender staff can also check whether the person has appeared before the nearest available county or district judge. After extradition proceedings end, or when none are required, people facing removal from Colorado get reasonable time to obtain counsel. Covered facilities include government-run jails and fixed confinement sites, plus state corrections facilities and contractors holding someone over 24 hours. The act sets its start at 12:01 a.m. the day after 90 days following final legislative adjournment. A referendum petition delays that start unless voters approve the act at the November 2026 general election. In that case, it takes effect when the governor officially declares the vote.