(1) As used in this
section, unless the context otherwise requires:
(a) Average daily population means the number of confined inmates each
day for a year, divided by the number of days in the year.
(b) Case disposition means the final judgment, adjudication, adjudication
withheld, dismissal, or nolle prosequi of a case.
(c) Confined inmate means an inmate under the supervision of a jail facility,
including an inmate who is in transit to or from a facility, appearing in or in transit to
or from court, held for other jurisdictions, in a hospital or other medical institution
for treatment but would otherwise be housed in the jail facility, in a work release
program but returns to jail at night, or in a community-based program but returns to
jail at night. Confined inmate does not include a person who is absent without
leave, has escaped, is on long-term transfer to other jurisdictions, or is in a
community-based program but does not return to jail at night.
(d) Hold means a mechanism preventing a confined inmate's release from
custody on bail, including a hold on behalf of another criminal justice agency, a
parole hold, and a probation hold.
(e) Homeless means an individual who lacks a fixed, regular, and adequate
nighttime residence. An individual is considered homeless if the individual's primary
address is recorded as:
(I) Transient;
(II) A supervised publicly or privately operated shelter designed to provide
temporary living accommodations, including welfare hotels, congregate shelters,
and transitional housing for persons with behavioral or mental health disorders; or
(III) A public or private place not designed for, nor ordinarily used as, a
regular sleeping accommodation for human beings, including but not limited to an
automobile, a park, an abandoned building, a bus or train station, or a similar
setting.
(f) Jail facility means any building, structure, enclosure, institution, or
place, whether permanent or temporary, fixed or mobile, where persons are or may
be lawfully held in custody or confined, that is operated by a county or city and
county.
(g) Jail management system means a software program utilized by a jail
facility to store jail data and to track inmate information and status beginning at
booking and until release.
(h) Length of stay means the number of consecutive days that a confined
inmate spends in jail, from the date of booking to the date of release, counting any
part of one calendar day, including days during which the inmate spends part of the
day outside of the jail, as one day.
(i) Municipal offense means a violation of, or conduct defined as unlawful
by, any municipal code or ordinance.
(j) Operational capacity means the number of inmates who can be
accommodated in a jail facility based on the number of permanent beds that the
facility is designed to hold and the facility's staff, existing programs, and services.
(k) Sentenced inmate means an inmate who is confined and actively
serving a sentence requiring a term of imprisonment. An inmate is considered
sentenced even if the inmate is unsentenced in a separate case, and even if the
inmate has a hold.
(l) Snapshot means a data set from a jail facility that represents the
required data points as of the reporting date.
(m) Unsentenced inmate means an inmate who is confined and awaiting
case disposition. An inmate is not considered unsentenced if the inmate is actively
serving a sentence requiring a term of imprisonment in a separate case.
(2) The keeper of each jail facility shall keep and maintain a daily record of
all data specified in subsection (3) of this section. The information contained in the
record must be available to the public at all reasonable hours.
(3) The keeper of each jail facility shall keep and maintain a daily record of
the following data:
(a) For each confined inmate, the date of entrance; name; date of birth; age;
race; ethnicity; gender; any criminal charges against the inmate, organized by code
section, and the jurisdiction charging each offense; term of sentence, if sentenced;
bond amount, if bond has been set; and release date;
(b) The operational capacity of the jail facility;
(c) The name of the jail management system used by the facility;
(d) The number of confined inmates in the jail facility;
(e) Counting each confined inmate only once, the following information
concerning confined inmates:
(I) The number of sentenced inmates;
(II) The number of unsentenced inmates with a hold; and
(III) The number of unsentenced inmates without a hold;
(f) Counting each unsentenced inmate without a hold only once, the
following information concerning unsentenced inmates:
(I) The number whose most serious charged offense is a felony; and
(II) The number whose most serious charged offense is a misdemeanor;
(g) The number of confined inmates held solely for a municipal offense;
(h) The number of confined inmates held in administrative segregation or
other custody level in which the inmate is allowed outside of his or her cell for two
or fewer hours per day;
(i) The number of confined inmates awaiting a competency evaluation, as
defined in section 16-8.5-101 (2); a competency hearing, as defined in section 16-8.5-101 (4); or a restoration hearing, as defined in section 16-8.5-101 (17);
(j) The average daily population of the jail facility;
(k) The average length of stay for each of the following:
(I) Confined inmates who were released within the prior twelve months
whose most serious offense is a felony; and
(II) Confined inmates who were released within the prior twelve months
whose most serious offense is a misdemeanor;
(l) The number of confined inmates identified as homeless;
(m) The number of deaths of confined inmates; and
(n) The number of bookings into the jail facility.
(4) (a) On or before the third Friday of each January, April, July, and October,
each jail facility shall submit a quarterly report of the data collected pursuant to
subsection (3) of this section as of the first day of the month in which the report is
submitted to the division of criminal justice within the department of public safety
via an electronic survey designed by the division for that purpose. Each quarterly
report must include:
(I) A snapshot of the data required by subsections (3)(b) and (3)(c) of this
section;
(II) A snapshot of the data required by subsections (3)(d) to (3)(l) of this
section organized by race, ethnicity, and gender;
(III) Data concerning the number of deaths of confined inmates, collected
pursuant to subsection (3)(m) of this section, as the total of all deaths of confined
inmates that occurred since the previous reporting date; and
(IV) Data concerning the number of bookings into the jail facility, collected
pursuant to subsection (3)(n) of this section, as the total of all bookings into the jail
facility that occurred since the previous reporting date.
(b) If a jail facility is unable to provide any of the data that it is required to
report pursuant to this subsection (4), the jail facility shall include in its report an
explanation of all good faith efforts to collect and submit the data not included in
the report.
(c) If a jail facility fails to submit a quarterly report pursuant to this
subsection (4) within thirty days after a reporting date, the jail facility is considered
noncompliant for the quarterly reporting period. The executive director of the
department of public safety shall send notice of the failure to the noncompliant jail
facility.
(d) Repealed.
(e) In addition to the information described in subsection (4)(a) of this
section, the report must include information from the prior quarter regarding the
number of inmates in the jail whose medicaid was suspended while incarcerated
and the number of inmates who were enrolled, or whose medicaid was reinstated,
prior to release.
(5) On or before January 1, 2022, and on or before the third Friday of each
January, April, July, and October thereafter, the keeper of each local jail shall
submit a quarterly report of the data specified in this subsection (5) to the division
of criminal justice in the department of public safety through an electronic form
designed by the division. Each quarterly report must include:
(a) For each individual placed in restrictive housing as defined in section 17-26-302 (4), anonymized data by month that includes:
(I) The individual's self-identified race or ethnicity, gender, and age;
(II) Whether the individual has one of the conditions identified in section 17-26-303 (1) and the specific condition;
(III) The placement classification of the individual before being placed in
restrictive housing;
(IV) The length of time the individual was in restrictive housing;
(V) If the individual was placed in restrictive housing for a disciplinary
reason;
(VI) Whether the individual suffered injury or death while placed in restrictive
housing and the manner and cause of the injury or death;
(VII) Whether the individual was charged with a new criminal offense while in
restrictive housing and, if so, the offense; and
(VIII) How many times the local jail sought a written order to hold someone
beyond fifteen days in restrictive housing and the outcome;
(b) How many individuals in the local jail population have:
(I) An identified mental illness;
(II) An identified substance use disorder;
(III) Both an identified mental illness and substance use disorder;
(IV) Identified neurocognitive issues such as dementia or traumatic brain
injury; and
(V) Engaged in self-harming behavior while in the local jail.