Colorado § 16-3-404 Duty of officers to admit attorney

Colorado Statutes

§ 16-3-404 — Duty of officers to admit attorney

Colorado § 16-3-404

Title 16Criminal

Art.Arrest - Searches and Seizures

This text of Colorado § 16-3-404 (Duty of officers to admit attorney) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 16-3-404 (2026).

Text

(1)All peace officers or persons having in custody a person committed, imprisoned, or arrested for any alleged cause shall forthwith admit an attorney-at-law in this state or the attorney's authorized representative, upon the demand of the confined person or of a friend, relative, spouse, or attorney of the confined person, to see and consult the confined person, alone and in private, at the jail or other place of custody, if the confined person expressly consents to see or to consult with the attorney or the attorney's authorized representative. (1.5) In addition to in-person communication, a peace officer or person employed at a place of confinement shall provide an attorney-at-law in this state or the attorney's authorized representative the ability to initiate communication

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(1) All peace officers or
persons having in custody a person committed, imprisoned, or arrested for any
alleged cause shall forthwith admit an attorney-at-law in this state or the
attorney's authorized representative, upon the demand of the confined person or of
a friend, relative, spouse, or attorney of the confined person, to see and consult the
confined person, alone and in private, at the jail or other place of custody, if the
confined person expressly consents to see or to consult with the attorney or the
attorney's authorized representative.

(1.5) In addition to in-person communication, a peace officer or person
employed at a place of confinement shall provide an attorney-at-law in this state or
the attorney's authorized representative the ability to initiate communication with
the confined person through telephone calls, interactive audiovisual conferencing,
or any other reasonable method of electronic communication, as determined by the
jail or correctional facility administration, that allows the confined person and the
attorney or authorized representative to speak to each other. The communication
must be private, unrecorded, and without cost to the confined person and attorney
or the attorney's representative. Peace officers or persons having custody of the
confined person shall allow the communication described in this section on a
forthwith basis, subject to all reasonable administrative and operational procedures
and in the manner as determined by the facility administration.

(2) Any peace officer or person violating the duty imposed by this section or
section 16-3-403 shall forfeit and pay not less than one hundred dollars nor more
than one thousand dollars to the person imprisoned or to his attorney for the
benefit of the person imprisoned, to be recovered in any court of competent
jurisdiction.

Legislative History

Source: L. 72: R&RE, p. 203, � 1. C.R.S. 1963: � 39-3-404. L. 2025: (1) amended and (1.5) added, (HB 25-1049), ch. 331, p. 1717, � 4, effective August 6.