(1) As used in this
section, unless the context otherwise requires:
(a) Contracting entity means any person or entity contracting with this
state, another state, or a political subdivision of this or another state to transport a
prisoner; except that contracting entity shall not include the department of
corrections, any community corrections program operated pursuant to this title, or
a county sheriff of a county located within the state of Colorado.
(b) Prisoner means any person convicted of an offense in Colorado or any
other state or any person under arrest for suspicion of the commission of a crime in
Colorado or any other state.
(c) Secure facility means a county, city and county, or municipal jail or a
non-state-owned prison facility, as defined in section 17-24-125 (1)(b), C.R.S.
(d) Supervising individual means a person employed by a contracting entity
to transport prisoners from one location to another.
(e) Transport means to move a prisoner within, into, out of, or through the
state of Colorado.
(2) (a) A supervising individual in each vehicle in which one or more prisoners
are being transported by a contracting entity shall maintain a log book that
documents for each prisoner:
(I) His or her name, date of birth, social security number, and any prescribed
medication;
(II) The name of the jurisdictional authority authorizing the transportation,
the date and time that the prisoner was first picked up, and the date and time that
the prisoner was released to the jurisdictional authority;
(III) The date, time, length, and purpose of any stop made by the vehicle
transporting any prisoner; and
(IV) Information concerning any injuries suffered by the prisoner while being
transported.
(b) Upon request, a supervising individual shall surrender for inspection the
log book required by paragraph (a) of this subsection (2) to any federal, state,
county, or municipal law enforcement officer.
(3) Whenever a prisoner is transported by a contracting entity, the prisoner:
(a) At a minimum, shall be shackled and placed in a transport belt or chains
with handcuffs and shall be under the observation of at least one supervising
individual who shall remain awake;
(b) (Deleted by amendment, L. 2000, p. 852, � 59, effective May 24, 2000.)
(c) Shall not be shackled to another prisoner; and
(d) Shall have available in the vehicle in which the prisoner is being
transported appropriate attire for the season, including footwear.
(3.5) Any vehicle in which one or more prisoners are being transported by a
contracting entity shall only contain as many individuals as the vehicle was
designed to carry.
(4) (a) At least once every twenty-four hours that a prisoner is being
transported by a contracting entity, the prisoner shall be housed unshackled in a
cell at a secure facility for a period of not less than six hours and permitted to
shower and sleep.
(b) The contracting entity or the supervising individual shall, if practicable,
notify the chief law enforcement officer in charge of the secure facility in which the
prisoner is to be housed, at least twenty-four hours prior to the delivery of the
prisoner to the secure facility, of each prisoner's name, date of birth, criminal
history, and any special medical needs.
(5) Whenever a vehicle transporting one or more prisoners for a contracting
entity stops for more than two hours for any reason:
(a) The supervising individual shall promptly notify, if practicable, the law
enforcement agency of the local jurisdiction in which the vehicle is stopped; and
(b) All prisoners shall be housed in a secure facility unless, according to the
chief law enforcement officer of the secure facility, it would be impractical to do so.
(6) Whenever a vehicle transporting prisoners for a contracting entity enters
the state, a supervising individual shall promptly notify the Colorado bureau of
investigation of the number of prisoners and the location or locations within the
state where the vehicle is scheduled to stop.
(7) Whenever a prisoner is housed in a secure facility, the contracting entity
shall pay to the operator of the secure facility providing the housing the actual cost
of housing the prisoner.
(8) Any individual or entity who violates any provision of subsections (2) to
(5) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine of not more than five thousand dollars.
(9) If any prisoner being transported escapes due to the negligence of the
contracting entity or a supervising individual, the contracting entity shall be held
liable for all actual costs incurred by any governmental entity in recapturing the
escaped prisoner and all actual damages caused by the escaped prisoner while at
large.