Colorado § 17-26-103.5 - Strip searches in jails - definitions - repeal.

§ 17-26-103.5. Strip searches in jails - definitions - repeal.

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

(a) "Local detention facility" means a county jail as described in section 17-26-101 or municipal jail as described in section 31-15-401 (1)(j).

(b) "Personnel" means a peace officer, noncertified deputy sheriff, or employee or contractor of a local detention facility or municipal agency who is authorized by facility or agency policy to perform a strip search.

(c) "Strip search" means having a person remove or arrange some or all of their clothing so as to permit a visual inspection of the genitals, buttocks, anus, or female breasts of the person.

(2) Personnel shall only conduct a strip search on a person who is detained in a local detention facility if:

(a) The local detention facility is conducting an intake of a person detained in a local detention facility from outside the facility and conducting strip searches upon intake from outside the facility is the local detention facility's policy;

(b) Two personnel have determined and reasonably believe an inmate is concealing on the inmate's person a controlled substance, as defined in section 18-18-102 (5); a dangerous instrument, as defined in section 18-8-203 (4); or contraband, as defined in section 18-8-204 (2); or

(c) The strip search occurs under a circumstance or set of conditions in which there has been a documented prior incident of possession of a controlled substance, as defined in section 18-18-102 (5); a dangerous instrument, as defined in section 18-8-203 (4); or contraband, as defined in section 18-8-204 (2); or any other item that creates grave danger of damage to property or injury to persons and substantially obstructs the performance of institutional functions of the local detention facility, and the circumstance or set of conditions give rise to a substantial likelihood that a similar incident may occur again, and the local detention facility has a written policy authorizing a strip search under the circumstance or set of conditions.

(3) (a) Personnel conducting a strip search pursuant to subsection (2)(b) or (2)(c) of this section shall document in a report the reason for the strip search and the results of the strip search.

(b) This subsection (3) is repealed, effective January 1, 2031.

(4) (a) Personnel conducting a strip search shall record the strip search via body-worn camera. Personnel conducting a strip search shall notify the person that they are strip searching prior to beginning a strip search that the strip search is being video recorded.

(b) Personnel shall use the body-worn camera's tagging function to tag all strip search footage as a strip search.

(5) On or before January 31 of each year, each local detention facility shall submit a report to the jail standards advisory committee created in section 30-10-530 and the Colorado attorney general stating the number of strip searches that occurred pursuant to subsection (2)(b) or (2)(c) of this section in the facility in the last calendar year and the reason for and the result of each strip search.

(6) Section 16-3-405 does not apply to strip searches conducted pursuant to this section.

(7) A strip search must not be conducted for purposes of retaliation.

Source: L. 2026: Entire section added, (HB 26-1123), ch. 159, p. 944, § 1, effective May 27.