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ColoradoHB26-10392026 Regular SessionHouse

Adding Municipal Jails to County Jail Oversight Requirements

Sponsored By: Iman Jodeh (Democratic), Michael Carter (Democratic), Mike Weissman (Democratic), Naquetta Ricks (Democratic)

Signed by Governor

Crimes, Corrections, & Enforcement

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 1 costs, 1 mixed.

Stronger protections for pregnant city jail detainees

City jail staff must use the least restrictive restraints needed for safety when they reasonably believe someone is pregnant. During labor, restraints must also follow state restraint and seclusion rules. Restraints are banned during labor, delivery, or recovery after birth at the jail. When staff reasonably believe a pregnant person charged with a city ordinance violation is in labor, release is required. The jail keeper may continue custody only when needed for the person's health or welfare. The keeper must offer hospital transportation and release the person on a promise to appear in municipal court, without upfront payment or other conditions. After childbirth, a woman has the right to medical staff being present during any strip search. Staff must give written notice of these rights in a language and manner the person understands, and receive adequate training. Required labor and delivery restraint records must describe the restraint, circumstances, and duration. For labor, delivery, or recovery at the jail, records must also document whether labor occurred there, why release was denied, and when labor occurred. Records must be kept at least five years and made public with identifying details removed unless the person consents to disclosure. Sheriffs or jail keepers must send the prior year's records to both legislative judiciary committees by February 15 each year.

City jails face statewide standards and reviews

Beginning July 1, 2027, covered Colorado city jails must follow publicly posted state jail standards. Revised standards must be met within one year of adoption, or sooner if the oversight committee requires. County and city jails may seek exceptions through the existing variance process. Criminal justice data rules now cover qualifying county, city, and city-and-county detention facilities. Court and police station holding cells, and municipal reform schools, are excluded. City governing body members must personally inspect their jail at least yearly, review its management and adequacy, and correct problems. The Attorney General and advisory committee may assess city jails and arrange peer review or technical help. Jail keepers may request special assessments, but those reviews require enough approved funding to cover their costs. Assessment reports go to the keeper, oversight committee, city governing body, Colorado county sheriffs, and governor. These reports are exempt from state open-records requirements, but the Attorney General or keeper may release them voluntarily. The advisory committee also gains a nonvoting municipal representative appointed by a statewide organization representing municipalities.

Cities must pay for jail upkeep

A city that operates a municipal jail must follow state jail-operation rules and maintain the jail at city expense. Cities may accept and spend funds for upkeep. The law does not require cities to build jails. It sets no dollar amount or direct household charge.

Cities keep jails, lose some confinement powers

The law confirms cities' authority to establish and govern jails, correction centers, and reform schools for city ordinance convictions. It removes earlier authority concerning confinement of loiterers and disorderly people. The municipal-jail definition covers city-run detention facilities and penal institutions holding people charged with or convicted of crimes. Court and police station holding cells, and reform schools, are excluded from that definition.

Sponsors & Cosponsors

Sponsors

  • Iman Jodeh

    Democratic • Senate

  • Michael Carter

    Democratic • House

  • Mike Weissman

    Democratic • Senate

  • Naquetta Ricks

    Democratic • House

Cosponsors

  • Chad Clifford

    Democratic • House

  • Cecelia Espenoza

    Democratic • House

  • Jennifer Bacon

    Democratic • House

  • Jamie Jackson

    Democratic • House

  • Javier Mabrey

    Democratic • House

  • Kyle Brown

    Democratic • House

  • Kenny Nguyen

    Democratic • House

  • Mandy Lindsay

    Democratic • House

  • Regina English

    Democratic • House

  • Sen. A. Benavidez

    Affiliation unavailable

  • Cathy Kipp

    Democratic • Senate

  • Judy Amabile

    Democratic • Senate

  • James Coleman

    Democratic • Senate

  • Julie Gonzales

    Democratic • Senate

  • Janice Marchman

    Democratic • Senate

  • Katie Wallace

    Democratic • Senate

  • Lisa Cutter

    Democratic • Senate

  • Nick Hinrichsen

    Democratic • Senate

  • Tony Exum

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 83 • No: 31

Senate vote • 3/24/2026

Third reading: Bill

Yes: 23 • No: 11

Senate vote • 3/18/2026

Refer House Bill 26-1039 to the Committee of the Whole.

Yes: 5 • No: 2

House vote • 3/3/2026

Third reading: Bill

Yes: 46 • No: 16

House vote • 2/24/2026

Refer House Bill 26-1039, as amended, to the Committee of the Whole.

Yes: 9 • No: 2

Actions Timeline

  1. Governor Signed

    4/27/2026House

  2. Signed by the Speaker of the House

    4/16/2026House

  3. Signed by the President of the Senate

    4/16/2026Senate

  4. Sent to the Governor

    4/16/2026House

  5. Senate Third Reading Passed - No Amendments

    3/24/2026Senate

  6. Senate Second Reading Passed - No Amendments

    3/23/2026Senate

  7. Senate Committee on Judiciary Refer Unamended to Senate Committee of the Whole

    3/18/2026Senate

  8. Introduced In Senate - Assigned to Judiciary

    3/10/2026Senate

  9. House Third Reading Passed - No Amendments

    3/3/2026House

  10. House Second Reading Special Order - Passed with Amendments - Committee

    3/2/2026House

  11. House Second Reading Laid Over Daily - No Amendments

    2/27/2026House

  12. House Committee on Judiciary Refer Amended to House Committee of the Whole

    2/24/2026House

  13. House Committee on Judiciary Witness Testimony and/or Committee Discussion Only

    2/4/2026House

  14. Introduced In House - Assigned to Judiciary

    1/14/2026House

Bill Text

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