Colorado § 17-19-101 - Visitors at correctional facilities.

§ 17-19-101. Visitors at correctional facilities.

(1) Any person who wishes to enter a correctional facility shall be asked, prior to entering the facility, to sign a consent form in which the visitor shall give his consent to be stopped and searched by a person of the same sex and to have his vehicle, if any, searched without probable cause while in the correctional facility. Said form shall be as promulgated by the executive director with the advice of the attorney general. A person who refuses to sign said form shall not be admitted to a correctional facility.

(2) At each entrance to a correctional facility, the executive director shall cause to be displayed at all times in a prominent place a sign in English and in Spanish with a minimum height of two feet and a minimum width of three feet and with each letter to be a minimum of two inches in height, which shall read as follows:

NOTICE

ANY PERSON WHO WISHES TO ENTER THIS CORRECTIONAL FACILITY SHALL BE ASKED, PRIOR TO ENTERING THE FACILITY, TO SIGN A CONSENT FORM IN WHICH SAID PERSON SHALL GIVE HIS CONSENT TO BE STOPPED AND SEARCHED BY A PERSON OF THE SAME SEX AND TO HAVE HIS VEHICLE, IF ANY, SEARCHED WITHOUT PROBABLE CAUSE WHILE IN THE CORRECTIONAL FACILITY. ANY PERSON WHO REFUSES TO SIGN SAID FORM SHALL NOT BE ADMITTED TO THIS CORRECTIONAL FACILITY.

(3) "Correctional facility", as used in this section, means any facility under the supervision of the department in which persons are or may be lawfully held in custody as a result of conviction of a crime.

Source: L. 77: Entire title R&RE, p. 917, § 10, effective August 1.

Editor's note: This section is similar to former § 27-2-109 as it existed prior to 1977.

Cross references: For visitors at correctional facilities, see § 17-20-124.

ANNOTATION

Searches of prison visitors outside of the correctional facility on less than probable cause are unlawful. The clear language of this section, confining searches of prison visitors to the correctional facility, acknowledges the justification for allowing such searches on less than probable cause, which is the need to prevent the introduction of contraband and weapons into the prison rather than to detect evidence of a crime. People v. Lingo, 806 P.2d 949 (Colo. 1991).

Strip search exceeded the scope of the defendant's consent under this section where the defendant was arrested at the correctional facility, then removed from the facility to the sheriff's office where the strip search was conducted. People v. Lingo, 806 P.2d 949 (Colo. 1991).

As to searches of visitors as condition of entering penitentiary, see People v. Thompson, 185 Colo. 208, 523 P.2d 128 (1974) (decided under repealed § 27-20-124).