(1)(a) The attorney general,
in collaboration with the advisory committee, pursuant to section 30-10-530 (5)(d),
may conduct assessments of each county jail to identify gaps and deficiencies
based on the jail standards.
(b)Starting July 1, 2025, the governor or the oversight committee may make
a written request to the attorney general to conduct a special assessment of a jail,
and the attorney general may conduct the special assessment of the jail.
(c)An elected sheriff may request that the attorney general conduct a
special assessment of a jail that the sheriff oversees to determine whether the jail
meets the jail standards. The attorney general may conduct the special assessment
if the attorney general has sufficient appropriations to cover the costs. The
attorney general m
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(1) (a) The attorney general,
in collaboration with the advisory committee, pursuant to section 30-10-530 (5)(d),
may conduct assessments of each county jail to identify gaps and deficiencies
based on the jail standards.
(b) Starting July 1, 2025, the governor or the oversight committee may make
a written request to the attorney general to conduct a special assessment of a jail,
and the attorney general may conduct the special assessment of the jail.
(c) An elected sheriff may request that the attorney general conduct a
special assessment of a jail that the sheriff oversees to determine whether the jail
meets the jail standards. The attorney general may conduct the special assessment
if the attorney general has sufficient appropriations to cover the costs. The
attorney general may request an appropriation during the figure setting process to
conduct special assessments.
(d) The attorney general may enter into a memorandum of understanding,
collaborate, or enter into an agreement with a county sheriff, except for a county
sheriff whose jail is being evaluated, or establish some other peer review group
structure to assist in conducting the assessments and reports described in section
24-31-118 (1) and (2).
(2) The attorney general's office shall create a report for each of the jails
assessed by the attorney general's office and provide the report to the sheriff
whose jail was assessed, the oversight committee, the board of county
commissioners in the county where the jail is located, the county sheriffs of
Colorado, and the governor. The report may include methodology, relevant data,
recommendations, and technical assistance to meet the jail standards. A report
produced pursuant to this section is not subject to the Colorado open records act.
The attorney general may release a report at the attorney general's discretion, and
a county sheriff may release a report relating to the county sheriff's jail after
consent from the attorney general's office.
(3) Following a jail assessment or special assessment, the attorney general
may provide technical assistance and recommendations to meet the jail standards
and address any deficiencies.
(4) (a) The attorney general's office, during its SMART Act hearing, as
required by section 2-7-203, shall include in its report the total number of
complaints received through the complaint process as designated by the attorney
general's office regarding jail standards violations and the number of complaints
received per topic and provide a summary of the assessments and special
assessments completed in the previous year.
(b) This subsection (4) is repealed, effective September 1, 2033.
(5) Sections 2-3-1901, 2-3-1901.5, 24-31-118, and 30-10-530 do not in any
way limit or restrict the attorney general's authority to investigate patterns or
practices pursuant to section 24-31-113, including but not limited to any
noncompliance with jail standards that constitutes a pattern or practice of conduct
that deprives persons of rights, privileges, or immunities secured or protected by
the constitution or laws of the United States or the state of Colorado.
(6) As used in this section:
(a) Advisory committee means the jail standards advisory committee
created pursuant to section 30-10-530.
(b) Jail standards means the jail standards adopted by the legislative
oversight committee concerning Colorado jail standards pursuant to section 2-3-1901 (2) and any subsequent revisions to the standards.
(c) Oversight committee means the legislative oversight committee for
Colorado jail standards created in section 2-3-1901.