§ 17-1-115.5 — Prison sexual assault prevention program

Colorado § 17-1-115.5

• Jurisdiction: Colorado
• Title 17: Corrections
• Art.: Department of Corrections

Text

(1) The department
shall develop, with respect to sexual assaults that occur in correctional facilities
operated by or pursuant to a contract with the department, policies and procedures
to:

(a) Require disciplinary action for employees who fail to report incidences of
sexual assault to the inspector general appointed pursuant to section 17-1-103.8;

(b) Require the inspector general or the department of corrections
investigator, whichever is appropriate, 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
inmates 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, department-approved,
easy-to-understand information developed by the department 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 department mental health
professionals and all employees who have direct contact with inmates regarding
treatment and methods of prevention and investigation;

(i) Provide confidential mental health counseling for 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 an inmate consistent with constitutional due process
protections and state personnel laws and rules.

(2) Investigation of a sexual assault shall be conducted by investigators
trained in the investigation of sex crimes. The investigation shall 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 department 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.

Legislative History

Source: L. 2007: Entire section added, p. 1545, � 1, effective May 31. L. 2008: (1)(b) amended, p. 466, � 2, effective April 14; (3) amended, p. 1885, � 26, effective August 5. L. 2016: (1)(f) amended, (SB 16-146), ch. 230, p. 915, � 7, effective July 1.