Sheriff custodian of jail - duties - strip search footage - repeal

Colo. Rev. Stat. § 30-10-511, under SHERIFF.

Colo. Rev. Stat. § 30-10-511

(1) Except as provided in section 16-11-308.5, the sheriff has charge and custody of the jails of the county, and of the prisoners in the jails, and the sheriff shall supervise the prisoners themself or through a deputy or jailer.

(2) (a) Each sheriff shall coordinate with the sheriff's body-worn camera vendor to implement a tag for strip searches in the body-worn camera footage tagging options. Each sheriff shall ensure that strip search footage has the most restrictive level of access available within the sheriff's body-worn camera system. The sheriff and jail personnel shall only access strip search footage pursuant to section 17-26-141 (5).

(b) On or before August 1, 2026, each sheriff shall implement body-worn camera footage tagging pursuant to section 17-26-141 (2).

(3) (a) On or before January 1 of each year, each sheriff shall report data collected during the previous calendar year as documented in the report described in section 17-26-103.5 (3) to the division of criminal justice in the department of public safety in a manner prescribed by the division.

(b) This subsection (3) is repealed, effective January 31, 2031.

Source: G.L. § 495. G.S. § 599. R.S. 08: § 1279. C.L. § 8754. CSA: C. 45, § 101. CRS 53: § 35-5-11. C.R.S. 1963: § 35-5-11. L. 88: Entire section amended, p. 677, § 4, effective July 1; entire section amended, p. 711, § 11, effective July 1. L. 2006: Entire section amended, p. 134, § 6, effective August 7. L. 2026: Entire section amended, (HB 26-1123), ch. 159, p. 951, § 6, effective May 27.

ANNOTATION

Law reviews. For note, "Prisoners' Rights: Personal Security", see 42 U. Colo. L. Rev. 305 (1970).

Under this section, the general assembly has imposed the following duties upon a sheriff: The sheriff shall have charge and custody of the jails of his county, and of the prisoners in the same, and shall keep them himself, or by his deputy or jailer, for whose acts he and his sureties shall be liable. McMillan v. Hammond, 158 Colo. 40, 404 P.2d 549 (1965).

A jailer or warden may be liable for an injury proximately resulting to a prisoner from a breach of duty with respect to such prisoner. McMillan v. Hammond, 158 Colo. 40, 404 P.2d 549 (1965).

As, for example, a breach of duty to exercise due care for the safety of a prisoner generally, to keep the jail sanitary and warm, or to furnish food. McMillan v. Hammond, 158 Colo. 40, 404 P.2d 549 (1965).

A county sheriff was entitled to possession of a room in the jail for his use as living quarter, notwithstanding the county commissioners had designated it for another purpose. Richart v. Bd. of Comm'rs, 95 Colo. 153, 33 P.2d 971 (1934).

When a sheriff knows that his prisoner has been refused bail, it is a contempt of the court refusing the bail for the sheriff wilfully to permit the prisoner to be at large. Robran v. People, 173 Colo. 378, 479 P.2d 976 (1971).

Sheriff must comply with home rule charter of Weld County in appointing and dismissing deputies where deputy sheriffs are subject to county personnel system as set forth in county policy manual. Bd. of County Comm'rs v. Andrews, 687 P.2d 457 (Colo. App. 1984).

Applied in Tihonovich v. Williams, 196 Colo. 144, 582 P.2d 1051 (1978).