§ 13-17.5-102.3 — Exhaustion of remedies

Colorado § 13-17.5-102.3

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Costs - Attorney Fees -

Text

(1) No inmate shall bring a civil
action based upon prison conditions under any statute or constitutional provision
until all available administrative remedies have been exhausted in a timely fashion
by the entity operating the detaining facility and inmate. For purposes of this
subsection (1), an inmate shall be considered to have exhausted all available
administrative remedies when the inmate has completed the last step in the inmate
grievance process as set forth in the regulations promulgated by the entity
operating the detaining facility. Failure to allege in the civil action that all available
administrative remedies have been exhausted in accordance with this subsection (1)
shall result in dismissal of the civil action.

(2) Notwithstanding subsection (1) of this section, if a court finds that a claim
filed by an inmate is frivolous, malicious, fails to state a claim upon which relief may
be granted, or seeks monetary relief from a defendant who is immune from
monetary relief, a court may dismiss the claim without first requiring exhaustion of
administrative remedies.

Legislative History

Source: L. 98: Entire section added, p. 247, � 2, effective April 13. L. 2001: (1) amended, p. 289, � 1, effective July 1.