(1) The department shall develop, with respect to sexual assaults that occur in correctional facilities operated by or pursuant to a contract with the department, policies and procedures to:
(a) Require disciplinary action for employees who fail to report incidences of sexual assault to the inspector general appointed pursuant to section 17-1-103.8;
(b) Require the inspector general or the department of corrections investigator, whichever is appropriate, after completing an investigation for sexual assault, to submit the findings to the district attorney with jurisdiction over the facility in which the alleged sexual assault occurred;
(c) Prohibit retaliation and disincentives for reporting sexual assaults;
(d) Provide, in situations in which there is reason to believe that a sexual assault has occurred, reasonable and appropriate measures to ensure victim safety by separating the victim from the assailant, if known;
(e) Ensure the confidentiality of prison rape complaints and protection of inmates who make complaints of prison rape;
(f) Provide acute trauma care for sexual assault victims, including treatment of injuries, HIV prophylaxis measures, and testing for sexually transmitted infections;
(g) Provide, at intake and periodically thereafter, department-approved, easy-to-understand information developed by the department on sexual assault prevention, treatment, reporting, and counseling in consultation with community groups with expertise in sexual assault prevention, treatment, reporting, and counseling;
(h) Provide sexual-assault-specific training to department mental health professionals and all employees who have direct contact with inmates regarding treatment and methods of prevention and investigation;
(i) Provide confidential mental health counseling for victims of sexual assault;
(j) Monitor victims of sexual assault for suicidal impulses, post-traumatic stress disorder, depression, and other mental health consequences resulting from the sexual assault; and
(k) Require termination of an employee who engages in a sexual assault on or sexual conduct with an inmate consistent with constitutional due process protections and state personnel laws and rules.
(2) Investigation of a sexual assault shall be conducted by investigators trained in the investigation of sex crimes. The investigation shall include, but need not be limited to, use of forensic rape kits, questioning of suspects and witnesses, and gathering and preserving relevant evidence.
(3) The department shall annually report the data that it is required to compile and report to the federal bureau of justice statistics as required by the federal Prison Rape Elimination Act of 2003, Pub.L. 108-79, as amended, to the judiciary committees of the house of representatives and the senate, or any successor committees.
Source: L. 2007: Entire section added, p. 1545, � 1, effective May 31. L. 2008: (1)(b) amended, p. 466, � 2, effective April 14; (3) amended, p. 1885, � 26, effective August 5. L. 2016: (1)(f) amended, (SB 16-146), ch. 230, p. 915, � 7, effective July 1.
17-1-115.7. Prevention of sexual assaults on youthful inmates - compliance with federal law - report - definition. (1) On or before August 20, 2013, the department shall implement policies pursuant to the federal Prison Rape Elimination Act of 2003, 42 U.S.C. sec. 15601 et seq., to ensure compliance with the provisions thereof relating to youthful inmates, as codified at 28 CFR 115.14.
(2) Notwithstanding section 24-1-136 (11)(a)(I), on or before October 1, 2013, and on or before each October 1 thereafter, the department shall report to the judiciary committees of the house of representatives and senate, or any successor committees, concerning the implementation of the policies described in subsection (1) of this section within the youth offender system described in section 18-1.3-407.5.
(3) As used in this section, youthful inmate means any person less than eighteen years of age who is under adult court supervision and incarcerated or detained in a correctional facility.
Source: L. 2013: Entire section added, (SB 13-216), ch. 171, p. 618, � 2, effective May 10. L. 2017: (2) amended, (SB 17-031), ch. 92, p. 281, � 3, effective August 9.
17-1-115.8. Corrections officer staffing - report - double shift criteria - definition. (1) Notwithstanding section 24-1-136 (11)(a)(I), the department shall prepare a report for the members of the general assembly by January 15, 2014, and by January 15 each year thereafter, regarding corrections officer staffing levels. The report must include:
(a) Staffing levels for corrections officers at each correctional facility and private contract prison in Colorado;
(b) Staffing levels for corrections officers for each correctional facility security level; and
(c) A comparison of staffing levels at Colorado correctional facilities and the national standards adopted by the national institute of corrections and the American correctional association.
(2) The department shall develop criteria for when a corrections officer may work two consecutive shifts, and the criteria must apply to a seven-day period and must account for different security-level facilities.
(3) The department, through discussions with individual corrections officers, shall establish work period and compensation practices that comply with the following standards that:
(a) A work period for correctional officers may be from seven consecutive days to fourteen consecutive days in length. Overtime pay for correctional officers must be required when the number of hours worked exceeds the number of hours that bears the same relationship to eighty-five hours in a fourteen-day period.
(b) A corrections officer who works twelve or more hours in a single twenty-four-hour period must be paid the amount of one and one-half times the corrections officer's regular rate of pay for the time the corrections officer worked that exceeded eight and one-half hours, unless the additional time is part of the corrections officer's normal shift that is longer than eight and one-half hours and is part of a compressed, flexible, or alternative scheduling system;
(c) All department employees receive with their pay check a pay stub that clearly and accurately reflects all hours worked, standard rate of pay, rate of overtime pay, accrual of any paid leave and compensatory time, remaining paid leave, and compensatory time balances;
(d) The department shall establish administrative regulation practices that create greater flexibility in the staffing of facilities, including but not limited to employee shift substitution, voluntary overtime lists, roving, and pool staff coverage; and
(e) All practices must be compliant with federal wage and hour law.
(4) For purposes of this section, corrections officer means an employee of the department of corrections who is subject to the exemption in 29 U.S.C. sec. 207 (k); except that it does not include a parole officer.
Source: L. 2013: Entire section added (SB 13-210), ch. 261, p. 1377, � 1, effective August 7. L. 2017: IP(1) amended, (SB 17-031), ch. 92, p. 281, � 4, effective August 9. L. 2024: IP(3) and (3)(b) amended, (HB 24-1228), ch. 265, p. 1743, � 1, effective May 28.
17-1-115.9. Incentives for mental health professionals - report - legislative declaration. (1) The general assembly finds that:
(a) The failure to provide timely needed sex offender treatment or services creates a risk when an inmate is released into the community and increases expenses when an inmate remains in prison due to his or her failure to receive treatment or services; and
(b) In order to provide the necessary sex offender treatment and services in difficult-to-serve areas in a timely manner, the department must have the flexibility to offer incentives to contracted mental health professionals to provide such treatment and services in such areas.
(2) The department shall monitor the number of inmates who have a specified sex offender treatment or service identified in the inmate's recommended rehabilitation report and who are not receiving the treatment or service due to a lack of treatment or service providers. The department shall develop and may implement an incentive plan for each sex offender treatment or service and each geographic area in which there is a need for additional contracted mental health professionals to provide the identified sex offender treatment or service. The incentive plan must include specific incentives to contract with the necessary mental health professionals and may include increases in fees and travel reimbursements paid, bonuses, and other financial incentives.
(3) Notwithstanding the provisions of section 24-1-136 (11), on or before December 1, 2018, and each December 1 thereafter, the department shall submit a report to the joint budget committee that must include:
(a) The statewide number of inmates requiring each sex offender treatment or service provided by a mental health professional and the number of inmates unable to receive such treatment or service; and
(b) For each incentive plan developed pursuant to this section, the number of inmates requiring the treatment or service, the number of inmates still unable to receive the treatment or service, a description of the incentive plan developed, and a report on the effectiveness of any incentive offered by the department under the plan.
Source: L. 2018: Entire section added, (HB 18-1040), ch. 199, p. 1295, � 1, effective August 8.