Colorado § 17-26-126 - Commissioners to examine jail.

§ 17-26-126. Commissioners to examine jail.

It is the duty of the board of county commissioners, as often as they deem necessary, but at least once annually, to make personal examination of the jail of its county, its sufficiency, and the management thereof and to correct all irregularities and improprieties therein found.

Source: L. 77: Entire title R&RE, p. 939, § 10, effective August 1. L. 2008: Entire section amended, p. 926, § 1, effective August 5.

Editor's note: This section is similar to former § 27-26-126 as it existed prior to 1977.

Cross references: For governmental immunity provisions relating to jails and the conditions thereof, see § 24-10-106 (1)(b).

ANNOTATION

Annotator's note. Since § 17-26-126 is identical to repealed § 27-26-126, a relevant case construing that provision has been included in the annotations to this section.

This section imposes a public official duty. It would seem clear that the county commissioners as to the performance of the duty imposed upon them by this section come within the class of public officers who are recognized by the authorities as subordinate governmental officers and administrative agents whose duty is owing primarily to the public collectively — to the body politic and not to any particular individual — who act for the public at large. Miller v. Ouray Elec. Light & Power Co., 18 Colo. App. 131, 70 P. 447 (1902).

The commissioners are not individually liable thereunder to an action for damages for the death of a prisoner caused by the burning of the county jail, alleged to have been caused by their negligent failure to make such examination. Miller v. Ouray Elec. Light & Power Co., 18 Colo. App. 131, 70 P. 447 (1902).

Complaint must allege knowledge of dangerous conditions existing. In an action against the individual commissioners of a county for the wrongful death of a prisoner in a county jail caused by the burning of the jail, based on the failure of said commissioners to personally examine said jail, a complaint which fails to allege that said commissioners had knowledge or could by proper examination have had knowledge of the dangerous condition which caused the fire, and fails to allege in what respect the failure to make the examination contributed to cause the fire, is defective. Miller v. Ouray Elec. Light & Power Co., 18 Colo. App. 131, 70 P. 447 (1902).

The words "and to correct all irregularities and improprieties therein found" impose no new obligation upon the county commissioners. Miller v. Ouray Elec. Light & Power Co., 18 Colo. App. 131, 70 P. 447 (1902).

Commissioners and the sheriff are separately elected officials, and the board does not exercise managerial control over either the sheriff or the detention center and its staff. Moreover, this section does not impose a legal duty on the board to ensure an inmate's safety against assaults from other inmates, nor does it prescribe a civil remedy. Terry v. Sullivan, 58 P.3d 1098 (Colo. App. 2002).