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DENVER, CO – The House today advanced legislation on a preliminary vote to close gaps in jail safety standard requirements to protect incarcerated Coloradans from sexual exploitation.
“What happened in Durango was a very serious abuse of power, and no one should ever be put in that situation ever again,” said Rep. Katie Stewart, D-Durango. “We must do more to protect people from sexual abuse who are incarcerated. Our bill cuts down on unnecessary strip searches, protects whistleblowers and ensures that peace officers who violate this law cannot serve in a detention facility again.”
“Strip searches are intrusive and violating. When the government is engaging with someone in this very vulnerable moment, we must have strong safeguards in place to ensure that people in custody are not being mistreated,” said Rep. Javier Mabrey, D-Denver. “Sexual violence and exploitation in jails and prisons is never acceptable, and our law should reflect that. This bill protects the dignity and bodily autonomy of Coloradans in custody by bolstering safeguards around strip searches and establishing better oversight requirements.”
HB26-1123 would strengthen jail safety policies regarding strip searches, sexual assault prevention and whistleblower protections. This bill requires detention centers to create sexual assault prevention policies and inform inmates of their rights under the Prison Rape Elimination Act (PREA). If a peace officer commits a sexual assault in a detention facility, their POST certification would be permanently revoked.
Prior to arraignment, two peace officers or other authorized personnel would be required to independently determine that there is a reasonable suspicion that an individual is concealing a weapon or a controlled substance to conduct a strip search. They would document their decision to conduct a strip search and could not activate their body cameras during the strip search. Detention facilities would submit an annual report for the total number of strip searches that occurred in their facilities, as well as the reasons and the results of the searches, to the Colorado legislature and the Attorney General.
HB26-1123 only allows a peace officer to review a video recording of a strip search for a legitimate law enforcement purpose. These reviews cannot be viewed remotely and personnel must obtain approval from the sheriff in order to access the footage and document the reason for seeking access.
The bill also includes whistleblower protections for staff who report suspected, alleged or witnessed sexual assault and creates a private right of action for whistleblowers.
The Prison Rape Elimination Act was passed by Congress in 2003 to prevent sexual assaults in prison. Inconsistent implementation and enforcement of PREA standards have left significant gaps that leave individuals vulnerable to sexual misconduct in jails and prisons. Last year, a La Plata County Jail commander was accused of viewing over 3,000 strip-search videos between 2019 and 2024. He was charged with 117 counts of invasion of privacy and one count of official misconduct.