SENATE
                       3rd Reading Unamended
                  February 28, 2011     SENATE
                Amended 2nd Reading
                     February 25, 2011First Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 11-0135.01 Brita Darling        SENATE BILL 11-049
                   SENATE SPONSORSHIP
 Williams S., 
 
                    HOUSE SPONSORSHIP
 Ryden, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the use of prone restraints on persons.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted.  If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill amends the "Protection of Persons from Restraint Act"
       (the act) to include the definition of "prone restraint".  The bill prohibits
       an employee or contractor of certain entities, including but not limited to
       state and local government agencies and school districts, from using a
       prone restraint on a person.  The prohibition on the use of a prone
       restraint applies to the department of corrections, law enforcement
       agencies, the juvenile probation department, or a county department of
       social services performing duties relating to abuse and neglect, which
       entities are otherwise exempted from the act.  The term "prone restraint"
       does not include the use of reasonable and appropriate physical force by
       a peace officer necessary to arrest a person or to prevent that person's
       escape or by a guard, peace officer, or employee of a detention center to
       prevent escape.
            The bill also prohibits the use of a prone restraint on a person with
       a developmental disability who is receiving care and treatment.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Part 1 of article 1 of title 26, Colorado Revised
       Statutes, is amended BY THE ADDITION OF A NEW SECTION to
       read:
            26-1-136.5.  Prohibition against the use of prone restraints.
       (1)  As used in this section, unless the context otherwise
       requires, "prone restraint" means a method or device used to
       involuntarily restrict the freedom of movement of a person
       while the person is secured in a face-down position, including but
       not limited to bodily physical force, mechanical devices, or
       chemicals.  "Prone restraint" does not include the brief,
       temporary face-down positioning of a person by trained
       personnel using bodily force to gain control of the person in
       order to prevent harm to the person or to others.
            (2)         Notwithstanding any provision of law to the
       contrary, the state department, including any division thereof,
       a county department, a state designated agency, and a person
       employed by or under contract with such a department or
       agency is prohibited from using a prone restraint on a person.
                       
            SECTION 2.  26-20-102, Colorado Revised Statutes, is amended
       BY THE ADDITION OF A NEW SUBSECTION to read:
            26-20-102.  Definitions.  As used in this article, unless the context
       otherwise requires:
            (5.5)  "Prone restraint" means a method or device used to
       involuntarily restrict the freedom of movement of a person
       while the person is secured in a face-down position, including but
       not limited to bodily physical force, mechanical devices, or
       chemicals.  "Prone restraint" does not include the brief,
       temporary face-down positioning of a person by trained
       personnel using bodily force to gain control of the person in
       order to prevent harm to the person or to others.
            SECTION 3.  26-20-103, Colorado Revised Statutes, is amended
       BY THE ADDITION OF A NEW SUBSECTION to read:
            26-20-103.  Basis for use of restraint.  (7)  Notwithstanding
       any provision of this article to the contrary, pursuant to the
       provisions of section 26-1-136.5, the department of human
       services, including any division thereof, a county department, as
       defined in section 26-1-103, a state designated agency, as defined
       in section 26-1-103, and a person employed by or under contract
       with such a department or agency is prohibited from using a
       prone restraint on a person. 
            SECTION 4.  27-10.5-115, Colorado Revised Statutes, is
       amended BY THE ADDITION OF A NEW SUBSECTION to read:
            27-10.5-115.  Right to humane care and treatment.
       (5.5)  Except as authorized pursuant to the provisions of section
       26-1-136.5, C.R.S., the use of a prone restraint, as defined in
       section 26-1-136.5, C.R.S., on a person with a developmental
       disability is prohibited.
            SECTION 5.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.