Colorado § 17-20-130 - Visitation in correctional facilities - department policies - reporting - legislative declaration - definitions.

§ 17-20-130. Visitation in correctional facilities - department policies - reporting - legislative declaration - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) "Class 1 code of penal discipline violation" means a violation of an offense described as a class 1 offense in the code of penal discipline adopted by the department.

(b) "Deprive" means to deny access to any form of visitation.

(c) "Visitation" means all types of social visits with a person confined in a correctional facility, including contact visits, non-contact visits, family time visits, telephone calls, and video visitation. "Visitation" does not include visits that are not social visits, such as visits from a qualified health-care professional or from a person's attorney.

(2) A person confined in a correctional facility has visitation rights.

(3) (a) Except as expressly permitted in this section, the department shall not:

(I) Deprive a person of visitation rights while the person is in restrictive housing or is subject to restricted privileges; or

(II) Deprive a visitor of the ability to visit a person confined in a correctional facility so long as the confined person agrees to the visit and the visitor and the confined person comply with all of the department's policies.

(4) (a) The following limitations are expressly permitted and are not considered a deprivation of visitation:

(I) The department may limit visitation for a confined person who is in restrictive housing; except that the department shall not limit the person's contact visits for more than thirty consecutive calendar days and shall not limit the person's telephone calls to fewer than one telephone call every five calendar days; and

(II) The department may limit a confined person's visitation as a sanction if the person has been convicted of a class 1 code of penal discipline violation; except that the department shall not limit the person's contact visits for more than thirty consecutive calendar days.

(b) (I) The department may reduce, but not eliminate, the number of visits available per week to a confined person as a result of an increase in the person's custody classification level consistent with the department's visitation and telephone policies. The reduction described in this subsection (4)(b)(I) is expressly permitted and is not considered a deprivation of visitation.

(II) Video visits are considered non-contact visits and may supplement, but must not take the place of, in-person visits when in-person visits are permitted.

(c) The department may temporarily deprive visitation as necessary for facility operations or for the safety of the facility, persons in the facility, and the general public, including, but not limited to, facility disruptions, disasters, and unplanned life safety events or altercations. The department may temporarily deprive visitation pursuant to this subsection (4)(c) only for the duration necessary for facility operations or safety.

(5) Notwithstanding any provision of this section to the contrary, the department may deny or cancel visitation for a confined person with another person at any time as necessary to comply with requirements imposed by a court order, for victim safety, to prevent communication with a co-defendant, to preserve the integrity of a criminal investigation, to comply with treatment protocols, or for any other reason required by law. The department shall document the denial or cancellation of visitation made pursuant to this subsection (5).

(6) If a person confined in a correctional facility provides the department with reasonable notice that a requested visitation is for virtual attendance at a funeral or virtual attendance during or immediately following the birth of a child in the person's family, the department shall make all reasonable efforts consistent with the safety of the facility and general public, and with the technology available at the correctional facility and the event, to allow the person to participate in the visitation. If the technology to facilitate virtual attendance at the event is not available, the department may comply with this subsection (6) by allowing the person a telephone call as an alternative to virtual attendance.

(7) The department may adopt policies to govern the administration of visitation, including policies necessary to allow for visitation as part of routine facility operations. If the department adopts policies, the policies must include criteria detailing, with the greatest specificity feasible, when the department may cancel visits or deny access to a visitor. If the department adopts policies, the policies must also include a process for the department to notify visitors and confined persons when the department denies or cancels a visit with the most possible notice and with specificity for the reason for denying or cancelling the visit.

(8) This section does not:

(a) Alter the requirements for visitors in section 17-19-101 related to visitor searches;

(b) Alter the requirements related to voice penal communications services described in section 17-42-103; or

(c) Affect family time policies adopted pursuant to section 17-42-105 (6)(a) that do not conflict with this section.

(9) (a) Nothing in this section creates a private right of action.

(b) The department shall permit a person confined in a correctional facility who alleges deprivation of visitation to file a grievance in accordance with department policies. The department shall not deny a person the ability to file a grievance because the person is in restrictive housing or is subject to restricted privileges.

(10) Beginning in January 2026, and in January every year thereafter, the department shall include, as part of its presentation during its "SMART Act" hearing required by section 2-7-203, information concerning:

(a) The total number of grievances filed during the prior year related to visitation; and

(b) Any changes to the department's visitation program made in accordance with the commitment described in subsection (11) of this section.

(11) The general assembly finds and declares that:

(a) It recognizes the department's understanding and support of the importance of a person maintaining family connections while incarcerated; and

(b) The department commits to:

(I) Taking reasonable measures to increase visitation hours in correctional facilities when possible;

(II) Taking reasonable measures to increase telephone calls and non-contact visits, including video calls, including for persons who are in restrictive housing and after code of penal discipline violations;

(III) Taking reasonable measures to improve the department's ability to track visitation restrictions and make data related to visitation available;

(IV) Taking reasonable measures to increase available visitation technology in correctional facilities when possible, including increasing the availability of broadband internet in restrictive housing cells;

(V) Allocating reasonable time during regularly scheduled public citizen advocacy meetings to discuss desired improvements to the visitation program and taking reasonable measures to implement suggestions from citizens and advocates when possible; and

(VI) Reviewing the department's visitation policies, including dress code; making reasonable efforts to update policies to support the most visitation and family connection possible; and aligning implementation of the department's visitation and related policies across correctional facilities.

Source: L. 2025: Entire section added, (HB 25-1013), ch. 448, p. 2570, § 1, effective June 4.

ARTICLE 21

Women's Correctional Institution

17-21-101 and 17-21-102. (Repealed)

Source: L. 93: Entire article repealed, p. 55, § 22, effective July 1.

Editor's note: (1) The provisions of this article were similar to article 21 of title 27 as it existed prior to 1977.

(2) This title was repealed and reenacted in 1977, and this article was subsequently repealed in 1993. For amendments to this article prior to its repeal in 1993, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading.

ARTICLE 22

Reformatory

17-22-101 to 17-22-110. (Repealed)

Source: L. 93: Entire article repealed, p. 55, § 22, effective July 1.

Editor's note: (1) The provisions of this article were similar to article 22 of title 27 as it existed prior to 1977.

(2) This title was repealed and reenacted in 1977, and this article was subsequently repealed in 1993. For amendments to this article prior to its repeal in 1993, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading.

17-22.5 ARTICLE 22.5

Inmate and Parole Time Computation

PART 1

APPLICABILITY

17-22.5-101. One continuous sentence.

17-22.5-102. Custody of department.

17-22.5-102.5. Purpose of parole.

17-22.5-103. Computation of time.

17-22.5-104. Parole - regulations.

17-22.5-105. Applicability of part.

17-22.5-106. Right to attend parole hearings - right to notification of parole hearings. (Repealed)

17-22.5-107. Administrative release and revocation guidelines - creation.

17-22.5-108. Appropriation of savings from earned time awarded for completing an accredited higher education program - budget request requirement.

PART 2

RELEASE PROCEDURES

17-22.5-201. Good time credit allowable.

17-22.5-202. Release - clothes, money, transportation - reentry services - reports.

17-22.5-203. Time of parole not considered when inmate is reincarcerated.

PART 3

OFFENDERS SENTENCED FOR CRIMES COMMITTED ON OR AFTER JULY 1, 1979

17-22.5-301. Good time.

17-22.5-302. Earned time.

17-22.5-303. Parole.

17-22.5-303.3. Violent offenders - parole.

17-22.5-303.5. Parole guidelines. (Repealed)

17-22.5-304. Part affects only certain inmates.

17-22.5-305. Eligibility for other statutory provisions.

17-22.5-306. Transfer of functions.

17-22.5-307. Consecutive or concurrent sentences - clarification of mittimus.

PART 4

PAROLE ELIGIBILITY AND DISCHARGE FROM CUSTODY

17-22.5-401. Legislative declaration.

17-22.5-402. Discharge from custody.

17-22.5-403. Parole eligibility.

17-22.5-403.5. Special needs parole.

17-22.5-403.7. Parole eligibility - youthful offender - juvenile offender convicted as adult - definition.

17-22.5-404. Parole guidelines - definition.

17-22.5-404.5. Presumption of parole - drug offenders.

17-22.5-404.7. Presumption of parole - nonviolent offenders with ICE detainers.

17-22.5-405. Earned time - earned release time - achievement earned time - working group - definition - repeal.

17-22.5-406. Applicability of part.

17-22.5-407. Genetic testing as condition of parole - repeal. (Repealed)

PART 1

APPLICABILITY