Colorado § 19-2.5-1506 - Detention center sexual assault prevention program - reports.

§ 19-2.5-1506. Detention center sexual assault prevention program - reports.

(1) The division of youth services created in section 19-2.5-1501 shall develop, with respect to sexual assaults that occur in juvenile facilities, policies and procedures to:

(a) Require disciplinary action for employees who fail to report incidences of sexual assault to the inspector general;

(b) Require the inspector general, after completing an investigation for sexual assault, to submit the findings to the district attorney with jurisdiction over the facility in which the alleged sexual assault occurred;

(c) Prohibit retaliation and disincentives for reporting sexual assaults;

(d) Provide, in situations in which there is reason to believe that a sexual assault has occurred, reasonable and appropriate measures to ensure victim safety by separating the victim from the assailant, if known;

(e) Ensure the confidentiality of prison rape complaints and protection of juveniles who make complaints of prison rape;

(f) Provide acute trauma care for sexual assault victims, including treatment of injuries, HIV prophylaxis measures, and testing for sexually transmitted infections;

(g) Provide, at intake and periodically thereafter, division-of-youth-services-approved, easy-to-understand information developed by the division of youth services on sexual assault prevention, treatment, reporting, and counseling in consultation with community groups with expertise in sexual assault prevention, treatment, reporting, and counseling;

(h) Provide sexual-assault-specific training to division of youth services mental health professionals and all employees who have direct contact with juveniles regarding treatment and methods of prevention and investigation;

(i) Provide confidential mental health counseling to victims of sexual assault;

(j) Monitor victims of sexual assault for suicidal impulses, post-traumatic stress disorder, depression, and other mental health consequences resulting from the sexual assault; and

(k) Require termination of an employee who engages in a sexual assault on or sexual conduct with a juvenile consistent with constitutional due process protections and state personnel system laws and rules.

(2) Investigators trained in the investigation of sex crimes shall investigate allegations of sexual assault. The investigation must include, but need not be limited to, use of forensic rape kits, questioning of suspects and witnesses, and gathering and preserving relevant evidence.

(3) The division of youth services shall annually report the data that it is required to compile and report to the federal bureau of justice statistics as required by the federal "Prison Rape Elimination Act of 2003", Pub.L. 108-79, as amended, to the judiciary committees of the house of representatives and the senate, or any successor committees. Notwithstanding section 24-1-136 (11)(a)(I) to the contrary, the reporting requirements in this subsection (3) continue indefinitely.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 692, § 2, effective October 1. L. 2022: IP(1) amended, (SB 22-212), ch. 421, p. 2972, § 39, effective August 10.

Editor's note: This section is similar to former § 19-2-214 as it existed prior to 2021.