(1) A correctional facility or private contract prison shall provide whichever menstrual hygiene products are requested by a person in custody to the person in custody at no expense to the person in custody. A correctional facility or private contract prison shall not impose any condition or restriction on a person in custody's access to menstrual hygiene products.
(2) As used in this section, unless the context otherwise requires, menstrual hygiene products means tampons, menstrual pads, sanitary napkins, and pantiliners.
Source: L. 2019: Entire section added, (HB 19-1224), ch. 131, p. 588, � 3, effective April 25.
Cross references: For the legislative declaration in HB 19-1224, see section 1 of chapter 131, Session Laws of Colorado 2019.
17-1-113.7. Prohibition against the use of restraints on pregnant inmates in the custody of correctional facilities and private contract prisons - report. (1) The staff of a correctional facility or private contract prison, when restraining a female inmate, shall use the least restrictive restraints necessary to ensure safety if the staff of the correctional facility or private contract prison have a reasonable belief that the inmate is pregnant. For the use of restraints during labor, delivery, and postpartum recovery, the staff shall comply with the Protection of Individuals from Restraint and Seclusion Act, article 20 of title 26.
(2) (a) Repealed.
(b) The correctional facility, private contract prison, or medical facility staff authorizing the use of restraints on a pregnant inmate during labor or delivery of the child shall make a written record of the use of the restraints, which record shall include, at a minimum, the type of restraint used, the circumstances that necessitated the use of the restraint, and the length of time the restraint was used. The staff of the correctional facility or private contract prison shall retain the record for a minimum of five years and shall make the record available for public inspection with individually identifying information redacted from the record unless the inmate who is the subject of the record gives prior written consent for the public release of the record. The written record of the use of restraint shall not constitute a medical record under state or federal law. Notwithstanding section 24-1-136 (11)(a)(I), no later than February 15, 2022, and each February 15 thereafter, the warden of the private contract prison and the executive director or the executive director's designee shall submit the records created pursuant to this subsection (2)(b) in the prior calendar year to the judiciary committees of the senate and house of representatives, or their successor committees.
(3) Upon return to a correctional facility or private contract prison after childbirth, the inmate shall be entitled to have a member of the correctional facility's or private contract prison's medical staff present during any strip search.
(4) When an inmate's pregnancy is determined, the staff of a correctional facility or private contract prison shall inform a pregnant inmate in writing in a language and in a manner understandable to the inmate of the provisions of this section concerning the use of restraints and the presence of medical staff during a strip search.
(5) The executive director of the department of corrections shall ensure that the staff of the department of corrections and of private contract prisons receive adequate training concerning the provisions of this section.
Source: L. 2010: Entire section added, (SB 10-193), ch. 312, p. 1463, � 1, effective January 1, 2011. L. 2021: (2)(b) amended, (SB 21-193), ch. 433, p. 2859, � 3, effective September 7. L. 2024: (1) amended and (2)(a) repealed, (HB 24-1459), ch. 426, p. 2914, � 1, effective June 5.
17-1-113.8. Persons with serious behavioral or mental health disorders - long-term isolated confinement - work group - medication-assisted treatment - appropriation. (1) The department shall not place a person with a behavioral or serious mental health disorder in long-term isolated confinement except when exigent circumstances are present.
(2) (a) There is hereby established within the department a serious mental illness in long-term isolated confinement work group, referred to in this section as the work group. The work group consists of:
(I) The deputy executive director of the department, or his or her designee, who shall convene and serve as the chair of the work group;
(II) The director of clinical and correctional services, within the department, or his or her designee;
(III) The director of prisons, within the department, or his or her designee;
(IV) The chief of psychiatry, within the department, or his or her designee;
(V) The director of behavioral health, within the department, or his or her designee;
(VI) Two representatives from a nonprofit prisoners' rights advocacy group, one who is appointed by the speaker of the house of representatives and one who is appointed by the president of the senate; and
(VII) Two mental health professionals independent from the department with particular knowledge of prisons and conditions of confinement, one who is appointed by the speaker of the house of representatives and one who is appointed by the president of the senate.
(b) (I) The work group shall advise the department on policies and procedures related to the proper treatment and care of offenders with serious behavioral or mental health disorders in long-term isolated confinement, with a focus on persons with serious behavioral or mental health disorders in long-term isolated confinement.
(II) The work group has the power to request, on a periodic basis, information and data from the department on the status of the department's work on the subject matter of the work group.
(c) The chair of the work group shall convene the work group's first meeting no later than July 1, 2014, and the work group must meet at least semi-annually thereafter. The chair shall schedule and convene the work group's meetings.
(d) The chair shall provide the work group with quarterly updates on the department's policies related to the work group's subject area.
(3) (a) The department shall allow medication-assisted treatment, as it is defined in section 23-21-803, to be provided to individuals who are placed in the custody of the department who were receiving such treatment in a local jail prior to being placed in the custody of the department.
(b) The department may enter into agreements with community agencies, behavioral health organizations, and substance use disorder treatment organizations to assist in the development and administration of medication-assisted treatment pursuant to this section.
(4) Repealed.
Source: L. 2014: Entire section added, (SB 14-064), ch. 349, p. 1567, � 1, effective June 6. L. 2017: (1) and (2)(b)(I) amended, (SB 17-242), ch. 263, p. 1302, � 129, effective May 25. L. 2019: (3) added, (SB 19-008), ch. 275, p. 2594, � 2, effective August 2. L. 2022: (4) added, (SB 22-196), ch. 193, p. 1290, � 3, effective May 19.
Editor's note: Subsection (4)(c) provided for the repeal of subsection (4), effective June 30, 2024. (See L. 2022, p. 1290.)
Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 22-196, see section 1 of chapter 193, Session Laws of Colorado 2022.