HOUSE BILL 981207
BY REPRESENTATIVES Lawrence, Allen, Gotlieb, June, Kaufman, Swenson, Tool, S. Williams, Epps, Kreutz, Leyba, and Reeser;
also SENATORS Mutzebaugh and Arnold.
CONCERNING THE TRANSPORTATION OF PRISONERS THROUGH
THE STATE.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part
1 of article 3 of title 16, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
163107.5. Transportation
of prisoners. (1) AS USED
IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "CONTRACTING ENTITY" MEANS
ANY PERSON OR ENTITY CONTRACTING WITH THIS STATE, ANOTHER STATE,
OR A POLITICAL SUBDIVISION OF THIS OR ANOTHER STATE TO TRANSPORT
A PRISONER; EXCEPT THAT "CONTRACTING ENTITY" SHALL NOT
INCLUDE THE DEPARTMENT OF CORRECTIONS, ANY COMMUNITY CORRECTIONS
PROGRAM OPERATED PURSUANT TO THIS TITLE, OR A COUNTY SHERIFF OF
A COUNTY LOCATED WITHIN THE STATE OF COLORADO.
(b) "PRISONER" MEANS ANY PERSON
CONVICTED OF AN OFFENSE IN COLORADO OR ANY OTHER STATE OR ANY
PERSON UNDER ARREST FOR SUSPICION OF THE COMMISSION OF A CRIME
IN COLORADO OR ANY OTHER STATE.
(c) "SECURE FACILITY" MEANS
A COUNTY, CITY AND COUNTY, OR MUNICIPAL JAIL OR A NONSTATEOWNED
PRISON FACILITY, AS DEFINED IN SECTION 1724125 (1)
(b), C.R.S.
(d) "SUPERVISING INDIVIDUAL"
MEANS A PERSON EMPLOYED BY A CONTRACTING ENTITY TO TRANSPORT PRISONERS
FROM ONE LOCATION TO ANOTHER.
(e) "TRANSPORT" MEANS TO MOVE
A PRISONER WITHIN, INTO, OUT OF, OR THROUGH THE STATE OF COLORADO.
(2) (a) A SUPERVISING INDIVIDUAL
IN EACH VEHICLE IN WHICH ONE OR MORE PRISONERS ARE BEING TRANSPORTED
BY A CONTRACTING ENTITY SHALL MAINTAIN A LOG BOOK THAT DOCUMENTS
FOR EACH PRISONER:
(I) HIS OR HER NAME, DATE OF BIRTH, SOCIAL
SECURITY NUMBER, AND ANY PRESCRIBED MEDICATION;
(II) THE NAME OF THE JURISDICTIONAL AUTHORITY
AUTHORIZING THE TRANSPORTATION, THE DATE AND TIME THAT THE PRISONER
WAS FIRST PICKED UP, AND THE DATE AND TIME THAT THE PRISONER WAS
RELEASED TO THE JURISDICTIONAL AUTHORITY;
(III) THE DATE, TIME, LENGTH, AND PURPOSE
OF ANY STOP MADE BY THE VEHICLE TRANSPORTING ANY PRISONER; AND
(IV) INFORMATION CONCERNING ANY INJURIES
SUFFERED BY THE PRISONER WHILE BEING TRANSPORTED.
(b) UPON REQUEST, A SUPERVISING INDIVIDUAL
SHALL SURRENDER FOR INSPECTION THE LOG BOOK REQUIRED BY PARAGRAPH
(a) OF THIS SUBSECTION (2) TO ANY FEDERAL, STATE, COUNTY, OR MUNICIPAL
LAW ENFORCEMENT OFFICER.
(3) WHENEVER A PRISONER IS TRANSPORTED
BY A CONTRACTING ENTITY, THE PRISONER:
(a) AT A MINIMUM, SHALL BE SHACKLED AND
PLACED IN A TRANSPORT BELT OR CHAINS WITH HANDCUFFS AND SHALL
BE UNDER THE OBSERVATION OF AT LEAST ONE SUPERVISING INDIVIDUAL
WHO SHALL REMAIN AWAKE;
(b) SHALL WEAR A SEAT BELT;
(c) SHALL NOT BE SHACKLED TO ANOTHER PRISONER;
AND
(d) SHALL HAVE AVAILABLE IN THE VEHICLE
IN WHICH THE PRISONER IS BEING TRANSPORTED APPROPRIATE ATTIRE
FOR THE SEASON, INCLUDING FOOTWEAR.
(4) (a) AT LEAST ONCE EVERY TWENTYFOUR
HOURS THAT A PRISONER IS BEING TRANSPORTED BY A CONTRACTING ENTITY,
THE PRISONER SHALL BE HOUSED UNSHACKLED IN A CELL AT A SECURE
FACILITY FOR A PERIOD OF NOT LESS THAN SIX HOURS AND PERMITTED
TO SHOWER AND SLEEP.
(b) THE CONTRACTING ENTITY OR THE SUPERVISING
INDIVIDUAL SHALL, IF PRACTICABLE, NOTIFY THE CHIEF LAW ENFORCEMENT
OFFICER IN CHARGE OF THE SECURE FACILITY IN WHICH THE PRISONER
IS TO BE HOUSED, AT LEAST TWENTYFOUR HOURS PRIOR TO THE
DELIVERY OF THE PRISONER TO THE SECURE FACILITY, OF EACH PRISONER'S
NAME, DATE OF BIRTH, CRIMINAL HISTORY, AND ANY SPECIAL MEDICAL
NEEDS.
(5) WHENEVER A VEHICLE TRANSPORTING ONE
OR MORE PRISONERS FOR A CONTRACTING ENTITY STOPS FOR MORE THAN
TWO HOURS FOR ANY REASON:
(a) THE SUPERVISING INDIVIDUAL SHALL
PROMPTLY NOTIFY, IF PRACTICABLE, THE LAW ENFORCEMENT AGENCY OF
THE LOCAL JURISDICTION IN WHICH THE VEHICLE IS STOPPED; AND
(b) ALL PRISONERS SHALL BE HOUSED IN A
SECURE FACILITY UNLESS, ACCORDING TO THE CHIEF LAW ENFORCEMENT
OFFICER OF THE SECURE FACILITY, IT WOULD BE IMPRACTICAL TO DO
SO.
(6) WHENEVER A VEHICLE TRANSPORTING PRISONERS
FOR A CONTRACTING ENTITY ENTERS THE STATE, A SUPERVISING INDIVIDUAL
SHALL PROMPTLY NOTIFY THE COLORADO BUREAU OF INVESTIGATION OF
THE NUMBER OF PRISONERS AND THE LOCATION OR LOCATIONS WITHIN THE
STATE WHERE THE VEHICLE IS SCHEDULED TO STOP.
(7) WHENEVER A PRISONER IS HOUSED IN A
SECURE FACILITY, THE CONTRACTING ENTITY SHALL PAY TO THE OPERATOR
OF THE SECURE FACILITY PROVIDING THE HOUSING THE ACTUAL COST OF
HOUSING THE PRISONER.
(8) ANY INDIVIDUAL OR ENTITY WHO VIOLATES
ANY PROVISION OF SUBSECTIONS (2) TO (5) OF THIS SECTION IS GUILTY
OF A MISDEMEANOR AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED
BY A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS.
(9) IF ANY PRISONER BEING TRANSPORTED
ESCAPES DUE TO THE NEGLIGENCE OF THE CONTRACTING ENTITY OR A SUPERVISING
INDIVIDUAL, THE CONTRACTING ENTITY SHALL BE HELD LIABLE FOR ALL
ACTUAL COSTS INCURRED BY ANY GOVERNMENTAL ENTITY IN RECAPTURING
THE ESCAPED PRISONER AND ALL ACTUAL DAMAGES CAUSED BY THE ESCAPED
PRISONER WHILE AT LARGE.
SECTION 2. 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO