Colorado § 16-3-401 - Treatment while in custody.
Full text of Colorado Colorado Revised Statutes § 16-3-401 — Treatment while in custody., with citation guidance and answers to common questions.
§ 16-3-401. Treatment while in custody.
(1) No unlawful means of any kind shall be used to obtain a statement, admission, or confession from any person in custody.
(2) Persons arrested or in custody shall be treated humanely and provided with adequate food, shelter, and, if required, medical treatment. Anyone receiving medical treatment while held in custody may be assessed a medical treatment charge as provided in section 17-26-104.5, C.R.S.
Source: L. 72: R&RE, p. 202, § 1. C.R.S. 1963: § 39-3-401. L. 97: (2) amended, p. 192, § 2, effective April 1.
ANNOTATION
Law reviews. For note, "The Admissibility of Confessions Obtained Before Arraignment — Federal Rule", see 21 Rocky Mt. L. Rev. 98 (1948). For note, "Involuntary Confessions — Fourth Stage in Colorado", see 31 Dicta 133 (1954).
Subsection (2) not void for vagueness. "Custody" is defined in § 16-1-104 for purposes of this part 4. Denver Health & Hosp. v. City of Arvada, 2016 COA 12, 405 P.3d 308, rev'd on other grounds, 2017 CO 97, 403 P.3d 609.
The duty imposed by subsection (2) on a detaining governmental entity to provide medical treatment implies an inherent obligation on the part of the entity to pay the costs of such treatment. Poudre Valley Health Care, Inc. v. City of Loveland, 85 P.3d 558 (Colo. App. 2003), overruled in City of Arvada v. Denver Health & Hosp., 2017 CO 97, 403 P.3d 609.
Section does not create a private right of action for a health care provider against an entity holding a person arrested or in custody. Statute does not identify a duty owed to health care providers nor create or impute a private right of action by a health care provider. However, a health care provider may establish a claim for unjust enrichment. City of Arvada v. Denver Health & Hosp., 2017 CO 97, 403 P.3d 609 (overruling Poudre Valley Health Care Inc. v. City of Loveland, 85 P.3d 588 (Colo. App. 2003)).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 16-3-401
What does Colorado Revised Statutes § 16-3-401 cover?
Section 16-3-401 ("Treatment while in custody.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 16-3-401?
A common citation format is "Colorado Revised Statutes § 16-3-401" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 16-3-401 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.