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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0501.03 Jacob Baus x2173 HOUSE BILL 26-1276
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING MEASURES TO PROTEC T THE SAFETY OF INDIVIDUALS101
WHO ARE IMMIGRANTS IN COLORADO.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Under current law, the division of criminal justice (division) in the
department of public safety (department) is required to create an annual
report including information about law enforcement agency activity. The
bill requires a law enforcement agency that participates in, or dedicates
peace officers or resources to, a multijurisdictional or coordinated
investigation or task force to submit that information to the division for
HOUSE SPONSORSHIP
Velasco and Garcia, Brown, Carter, Clifford, Duran, Froelich, Gilchrist, Goldstein,
Jackson, Lindsay, Lukens, Mabrey, Martinez, McCormick, Nguyen, Paschal, Rutinel, Rydin,
Sirota, Smith, Stewart K., Stewart R., Story, Titone, Willford, Woodrow, Zokaie
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
inclusion in the report. The division is required to submit the information
to the general assembly's judiciary committees. A law enforcement
agency is subject to a civil penalty for intentional failure to report the
information as required.
Under current law, a state agency or political subdivision employee
who intentionally violates provisions concerning the treatment of a
person's personal identifying information is subject to a civil penalty. The
bill extends the civil penalty liability to the state agency or political
subdivision.
The bill requires a state agency or political subdivision that is
served a subpoena by federal immigration authorities to send a copy of
the subpoena to the department for the department to upload to its
website. If the state agency or political subdivision fulfills the subpoena,
the state agency or political subdivision is required to notify the person
who is subject to the subpoena.
The bill prohibits a governmental entity or an airport from
engaging with federal immigration authorities to transport individuals
detained by federal immigration authorities. A governmental entity that
violates these requirements is subject to a civil penalty.
The bill authorizes a public health agency to inspect or examine a
facility that houses or detains individuals who are noncitizens for
purposes of civil immigration proceedings.
Under current law, the department of public health and
environment is authorized to inspect facilities that house or detain
individuals who are noncitizens for purposes of civil immigration
proceedings. The bill expands the inspection authority, including the
frequency of inspections and items that are subject to inspection. A
facility that refuses to allow the inspection is subject to a license
revocation or a civil penalty.
The bill authorizes the department of public health and
environment to require facilities that house or detain individuals who are
noncitizens for purposes of civil immigration proceedings to require the
facility to comply with requirements, including health and safety
standards and paying for environmental impact studies. A facility that
fails to comply is subject to a civil penalty. The bill requires the
department of public health and environment to submit an annual report
to the attorney general concerning facilities' compliance with these new
requirements.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-31-903, amend2
(1), (3), and (5); and add (2.5) as follows:3
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24-31-903. Division of criminal justice report - penalties.1
(1) Beginning July 1, 2023, The division of criminal justice in the2
department of public safety shall create an annual report including all of3
the information that is reported to the division pursuant to subsection (2)4
SUBSECTIONS (2) AND (2.5) of this section, aggregated and broken down5
IN TOTAL AND DISAGGREGATED by the law enforcement agency that6
employs peace officers, along with the underlying data.7
(2.5) (a) ON OR BEFORE JULY 15, 2026, AND ON OR BEFORE JULY8
15 EACH YEAR THEREAFTER , A LAW ENFORCEMENT AGENCY THAT9
PARTICIPATES IN A MULTIJURISDICTIONAL OR COORDINATED10
INVESTIGATION OR TASK FORCE, OR THAT DEDICATES PEACE OFFICERS OR11
RESOURCES TO A MULTIJURISDICTIONAL OR COORDINATED INVESTIGATION12
OR TASK FORCE, SHALL SUBMIT A REPORT TO THE DIVISION OF CRIMINAL13
JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY . THE REPORT MUST14
CONTAIN INFORMATION REGARDING EACH MULTIJURISDICTIONAL OR15
COORDINATED INVESTIGATION OR TASK FORCE THE AGENCY PARTICIPATED16
IN. THE REPORT MUST INCLUDE THE FOLLOWING INFORMATION REGARDING17
THE PERIOD FROM JULY 1 THROUGH JUNE 30 IMMEDIATELY PRECEDING18
THE REPORT SUBMISSION:19
(I) THE PURPOSE OF THE MULTIJURISDICTIONAL OR COORDINATED20
INVESTIGATION OR TASK FORCE THE LAW ENFORCEMENT AGENCY21
PARTICIPATED IN OR DEDICATED PEACE OFFICERS OR RESOURCES TO;22
(II) E ACH FEDERAL , STATE , AND LOCAL LAW ENFORCEMENT23
AGENCY THAT PARTICIPATED IN , OR DEDICATED PEACE OFFICERS OR24
RESOURCES TO , THE MULTIJURISDICTIONAL OR COORDINATED25
INVESTIGATION OR TASK FORCE;26
(III) THE TOTAL NUMBER OF ARRESTS MADE BY A PARTICIPATING27
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AGENCY DURING THE REPORTING PERIOD AS A RESULT OF THE1
MULTIJURISDICTIONAL OR COORDINATED INVESTIGATION OR TASK FORCE2
THE LAW ENFORCEMENT AGENCY PARTICIPATED IN OR DEDICATED PEACE3
OFFICERS OR RESOURCES TO; AND4
(IV) THE TOTAL NUMBER OF PEOPLE DETAINED FOR IMMIGRATION5
PURPOSES OR CRIMINAL VIOLATIONS FOR OFFENSES RELATED TO AN6
INDIVIDUAL'S IMMIGRATION STATUS BY A PARTICIPATING AGENCY AS A7
RESULT OF THE MULTIJURISDICTIONAL OR COORDINATED INVESTIGATION8
OR TASK FORCE THE LAW ENFORCEMENT AGENCY PARTICIPATED IN OR9
DEDICATED PEACE OFFICERS OR RESOURCES TO.10
(b) (I) O N OR BEFORE JANUARY 15, 2027, AND ON OR BEFORE11
JANUARY 15 EACH YEAR THEREAFTER, THE DIVISION OF CRIMINAL JUSTICE12
IN THE DEPARTMENT OF PUBLIC SAFETY SHALL SUBMIT A REPORT TO THE13
JUDICIARY COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE14
SENATE, OR THEIR SUCCESSOR COMMITTEES , CONCERNING THE15
INFORMATION RECEIVED PURSUANT TO SUBSECTION (2.5)(a) OF THIS16
SECTION.17
(II) N OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE18
REQUIREMENT TO SUBMIT THE REPORT IN THIS SUBSECTION (2.5)19
CONTINUES INDEFINITELY.20
(c) A S USED IN THIS SUBSECTION (2.5), UNLESS THE CONTEXT21
OTHERWISE REQUIRES:22
(I) "LAW ENFORCEMENT AGENCY" HAS THE MEANING SET FORTH23
IN SECTION 16-2.5-402.24
(II) "P ARTICIPATING AGENCY " MEANS A FEDERAL , STATE , OR25
LOCAL LAW ENFORCEMENT AGENCY THAT PARTICIPATED IN , OR26
DEDICATED PEACE OFFICERS OR RESOURCES TO, A MULTIJURISDICTIONAL27
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OR COORDINATED INVESTIGATION OR TASK FORCE.1
(3) The Colorado state patrol and local law enforcement agencies,2
PURSUANT TO SUBSECTION (2) OF THIS SECTION, AND LAW ENFORCEMENT3
AGENCIES, PURSUANT TO SUBSECTION (2.5) O F TH I S S EC TIO N, shall not4
report the name, address, social security number, or other unique personal5
identifying information of the subject of the use of force, victim of the6
official misconduct, eyewitness or subject in a showup, or persons7
contacted, searched, or subjected to a property seizure. Notwithstanding8
any provision of law to the contrary, the data reported pursuant to this9
section is available to the public pursuant to subsection (4) of this section.10
(5) (a) The Colorado state patrol, and any A local law enforcement11
agency, OR A LAW ENFORCEMENT AGENCY that fails to meet its reporting12
requirements pursuant to this section is:13
(a) (I) Subject to the suspension of its funding by its appropriating14
authority; and15
(b) (II) Unless the Colorado state patrol, or local law enforcement16
agency, OR LAW ENFORCEMENT AGENCY is working with the division of17
criminal justice to meet its reporting requirements pursuant to this section,18
not eligible to be awarded gran ts under the multidisciplinary crime19
prevention grant program CREATED in section 24-33.5-527; the law20
enforcement workforce recruitment, retention, and tuition grant program21
CREATED in section 24-33.5-528; or the state's mission for assistance in22
recruiting and training (SMART) policing grant program CREATED in23
section 24-33.5-529.24
(b) (I) IN ADDITION TO PENALTIES DESCRIBED IN SUBSECTION (5)(a)25
OF THIS SECTION , IF A LAW ENFORCEMENT AGENCY DESCRIBED IN26
SUBSECTION (2.5) OF THIS SECTION INTENTIONALLY FAILS TO DISCLOSE A27
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MULTIJURISDICTIONAL OR COORDINATED INVESTIGATION OR TASK FORCE1
THAT THE LAW ENFORCEMENT AGENCY PARTICIPATED IN , OR A2
MULTIJURISDICTIONAL OR COORDINATED INVESTIGATION OR TASK FORCE3
THAT THE LAW ENFORCEMENT AGENCY DEDICATED PEACE OFFICERS OR4
RESOURCES TO, THE LAW ENFORCEMENT AGENCY IS LIABLE FOR A CIVIL5
PENALTY OF NOT MORE THAN FIFTY THOUSAND DOLLARS FOR EACH6
VIOLATION.7
(II) THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENFORCE8
THIS SUBSECTION (5)(b), INCLUDING AN ACTION SEEKING A CIVIL PENALTY.9
(III) ANY CIVIL PENALTY MONEY COLLECTED PURSUANT TO THIS10
SUBSECTION (5)(b) MUST BE TRANSFERRED TO THE STATE TREASURER ,11
WHO SHALL CREDIT THE MONEY TO THE IMMIGRATION LEGAL DEFENSE12
FUND ESTABLISHED PURSUANT TO SECTION 8-3.8-101.13
SECTION 2. In Colorado Revised Statutes, 24-74-107, amend14
(1) as follows:15
24-74-107. Data privacy breaches - civil penalty - legislative16
declaration.17
(1) (a) A state agency employee or political subdivision employee18
who, AND THE STATE AGENCY OR POLITICAL SUBDIVISION THAT EMPLOYS19
THE EMPLOYEE WHO, intentionally violates a provision of this article 7420
or section 25-2-108.5 is ARE EACH subject to an injunction and is ARE21
EACH liable for a civil penalty of not more than fifty thousand dollars for22
each violation.23
(b) THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENFORCE24
THIS SUBSECTION (1), INCLUDING AN ACTION SEEKING A CIVIL PENALTY.25
SECTION 3. In Colorado Revised Statutes, add 24-76.6-105 as26
follows:27
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24-76.6-105. Public disclosure of federal subpoena.1
(1) W ITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS2
SECTION, THE DEPARTMENT OF PUBLIC SAFETY SHALL MAKE AVAILABLE3
ON A PUBLIC-FACING PAGE ON THE DEPARTMENT'S WEBSITE A COPY OF ALL4
SUBPOENAS SERVED BY FEDERAL IMMIGRATION AUTHORITIES ON A STATE5
AGENCY OR POLITICAL SUBDIVISION , AS EACH IS DEFINED IN SECTION6
24-74-102. A STATE AGENCY OR POLITICAL SUBDIVISION THAT IS SERVED7
WITH A SUBPOENA BY FEDERAL IMMIGRATION AUTHORITIES SHALL8
PROVIDE A COPY OF THE SUBPOENA WITHIN SEVENTY-TWO HOURS AFTER9
RECEIVING THE SUBPOENA TO THE DEPARTMENT OF PUBLIC SAFETY FOR10
DISPLAY ON THE DEPARTMENT 'S WEBSITE. THE DEPARTMENT OF PUBLIC11
SAFETY SHALL UPDATE ITS WEBSITE TO INCLUDE THE COPY OF THE12
SUBPOENA WITHIN TWENTY-FOUR HOURS AFTER RECEIVING THE COPY OF13
THE SUBPOENA FROM A STATE AGENCY OR POLITICAL SUBDIVISION . THE14
DEPARTMENT OF PUBLIC SAFETY SHALL USE EXISTING OR FREELY15
AVAILABLE TECHNOLOGY TO ACCOMPLISH THE REQUIREMENTS OF THIS16
SUBSECTION (1).17
(2) (a) A STATE AGENCY OR POLITICAL SUBDIVISION THAT IS18
SERVED WITH A SUBPOENA BY FEDERAL IMMIGRATION AUTHORITIES SHALL19
INFORM THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE20
SENATE JUDICIARY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES ,21
WITHIN SEVENTY-TWO HOURS AFTER RECEIVING THE SUBPOENA.22
(b) I F A STATE AGENCY OR POLITICAL SUBDIVISION FULFILLS A23
SUBPOENA SERVED UPON THE STATE AGENCY OR POLITICAL SUBDIVISION24
BY FEDERAL IMMIGRATION AUTHORITIES AND THE SUBPOENA CONTAINS25
INFORMATION ABOUT , CONCERNING , OR OTHERWISE RELATING TO AN26
INDIVIDUAL WHO LIVES IN COLORADO, THE STATE AGENCY OR POLITICAL27
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SUBDIVISION SHALL INFORM THE INDIVIDUAL AT THEIR LAST -KNOWN1
ADDRESS THAT THEIR INFORMATION HAS BEEN SHARED WITH FEDERAL2
IMMIGRATION AUTHORITIES WITHIN SEVENTY -TWO HOURS AFTER3
FULFILLING THE SUBPOENA.4
SECTION 4. In Colorado Revised Statutes, add 24-76.7-104 as5
follows:6
24-76.7-104. Transportation for deportation purposes7
prohibited - civil penalty.8
(1) A GOVERNMENTAL ENTITY SHALL NOT:9
(a) TRANSPORT BY ANY MEANS, INCLUDING BY MUNICIPAL BUS OR10
TRAIN, INDIVIDUALS DETAINED BY FEDERAL IMMIGRATION AUTHORITIES11
FOR THE PURPOSE OF DEPORTATION;12
(b) PROVIDE AN ITEM OF ITS FLEET, INCLUDING A MUNICIPAL BUS13
OR TRAIN , TO A GOVERNMENTAL ENTITY FOR THE TRANSPORT OF14
INDIVIDUALS DETAINED BY FEDERAL IMMIGRATION AUTHORITIES FOR THE15
PURPOSE OF DEPORTATION; OR16
(c) E NTER INTO , RENEW , OR EXTEND ANY AGREEMENT WITH A17
GOVERNMENTAL ENTITY FOR THE TRANSPORT BY ANY MEANS, INCLUDING18
BY MUNICIPAL BUS OR TRAIN , OF INDIVIDUALS DETAINED BY FEDERAL19
IMMIGRATION AUTHORITIES FOR THE PURPOSE OF DEPORTATION.20
(2) (a) A GOVERNMENTAL ENTITY THAT VIOLATES THIS SECTION IS21
LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN FIFTY THOUSAND22
DOLLARS FOR EACH VIOLATION.23
(b) THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENFORCE24
THIS SECTION, INCLUDING AN ACTION SEEKING INJUNCTIVE RELIEF OR A25
CIVIL PENALTY.26
(c) A NY CIVIL PENALTY MONEY COLLECTED PURSUANT TO THIS27
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SECTION MUST BE TRANSFERRED TO THE STATE TREASURER , WHO SHALL1
CREDIT THE MONEY TO THE IMMIGRATION LEGAL DEFENSE FUND2
ESTABLISHED PURSUANT TO SECTION 8-3.8-101.3
SECTION 5. In Colorado Revised Statutes, add 24-76.7-105 as4
follows:5
24-76.7-105. Airport for deportation purposes prohibited - civil6
penalty.7
(1) A N AIRPORT OPERATED PURSUANT TO PART 1 OR PART 2 OF8
ARTICLE 4 OF TITLE 41 SHALL NOT ENTER INTO , RENEW , OR EXTEND A9
CONTRACT, GRANT, OR COOPERATIVE AGREEMENT WITH A COMMERCIAL10
AIRLINE OR GOVERNMENTAL ENTITY THAT TRANSPORTS INDIVIDUALS11
DETAINED BY FEDERAL IMMIGRATION AUTHORITIES FOR THE PURPOSE OF12
DEPORTATION.13
(2) (a) AN AIRPORT THAT VIOLATES THIS SECTION IS LIABLE FOR A14
CIVIL PENALTY OF NOT MORE THAN FIFTY THOUSAND DOLLARS FOR EACH15
VIOLATION.16
(b) THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENFORCE17
THIS SECTION, INCLUDING AN ACTION SEEKING INJUNCTIVE RELIEF OR A18
CIVIL PENALTY.19
(c) A NY CIVIL PENALTY MONEY COLLECTED PURSUANT TO THIS20
SECTION MUST BE TRANSFERRED TO THE STATE TREASURER , WHO SHALL21
CREDIT THE MONEY TO THE IMMIGRATION LEGAL DEFENSE FUND22
ESTABLISHED PURSUANT TO SECTION 8-3.8-101.23
SECTION 6. In Colorado Revised Statutes, 25-1-506, amend24
(3)(b) introductory portion, (3)(b)(XIV), and (3)(b)(XV); and add25
(3)(b)(XVI) as follows:26
25-1-506. County or district public health agency.27
HB26-1276-9-
(3) (b) In addition to other powers and duties, an agency shall1
have HAS the following duties:2
(XIV) To collaborate with the state department and the state board3
in all matters pertaining to public health, the water quality control4
commission in all matters pertaining to water quality, the air quality5
control commission and the division of administration of the state6
department in all matters pertaining to air pollution, and the solid and7
hazardous waste commission in all matters pertaining to solid and8
hazardous waste; and9
(XV) To establish or arrange for the establishment of, by January10
1, 2015, and subject to available appropriations, a local or regional child11
fatality prevention review team pursuant to section 25-20.5-404; AND12
(XVI) I N ITS DISCRETION , TO INSPECT OR EXAMINE A FACILITY13
THAT HOUSES OR DETAINS INDIVIDUALS WHO ARE NONCITIZENS FOR14
PURPOSES OF CIVIL IMMIGRATION PROCEEDINGS.15
SECTION 7. In Colorado Revised Statutes, 25-1.5-101, amend16
(1)(i)(I)(D); and add (1)(dd) as follows:17
25-1.5-101. Powers and duties of department - laboratory cash18
fund - office of suicide prevention - suicide prevention coordination19
cash fund - dispensation of payments under contracts with grantees20
- report - rules - definitions.21
(1) The department has, in addition to all other powers and duties22
imposed upon it by law, the powers and duties provided in this section as23
follows:24
(i) (I) (D) With respect to any A facility that houses or detains25
INDIVIDUALS WHO ARE noncitizens for purposes of civil immigration26
proceedings, such THE inspections and examinations must be made27
HB26-1276-10-
annually, and additional una nnounced inspec tions may AND1
EXAMINATIONS MUST be conducted after the annual inspection.2
UNANNOUNCED INSPECTIONS AND EXAMINATIONS MUST BE MADE AT3
LEAST ONE TIME EVERY THREE MONTHS , AND MAY BE MADE MORE4
FREQUENTLY, AND THE FACILITY SHALL PAY FOR THE INSPECTIONS AND5
EXAMINATIONS. THE INSPECTIONS AND EXAMINATIONS MADE PURSUANT6
TO THIS SUBSECTION (1)(i)(I)(D) MUST INCLUDE A REVIEW OF THE7
FOLLOWING: ADHERENCE TO FOOD SAFETY STANDARDS AND DRINKING8
WATER QUALITY STA NDARDS, CONFINEMENT CONDITIONS , AND9
STANDARDS OF CARE PROVIDED TO INDIVIDUALS WHO ARE DETAINED IN10
THE FACILITY . THE FACILITY SHALL PROVIDE TO A DEPARTMENT11
REPRESENTATIVE WHO IS CONDUCTING AN INSPECTION OR EXAMINATION12
PURSUANT TO THIS SUBSECTION (1)(i)(I)(D) ALL ACCESS NECESSARY TO13
PERFORM THE INSPECTION , INCLUDING ACCESS TO PEOPLE WHO ARE14
DETAINED, RECORDS, FACILITY OFFICIALS, AND FACILITY PERSONNEL. IF A15
FACILITY REFUSES TO ALLOW AN INSPECTION OR EXAMINATION , THE16
DEPARTMENT MAY REVOKE THE FACILITY'S LICENSE, AND THE FACILITY IS17
LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN FIFTY THOUSAND18
DOLLARS FOR EACH REFUSAL . THE ATTORNEY GENERAL MAY BRING AN19
ACTION TO ENFORCE THIS SUBSECTION (1)(i)(I)(D), INCLUDING AN ACTION20
SEEKING A CIVIL PENALTY . ANY CIVIL PENALTY MONEY COLLECTED21
PURSUANT TO THIS SUBSECTION (1)(i)(I)(D) MUST BE TRANSFERRED TO22
THE STATE TREASURER , WHO SHALL CREDIT THE MONEY TO THE23
IMMIGRATION LEGAL DEFENSE FUND ESTABLISHED PURSUANT TO SECTION24
8-3.8-101. THE DEPARTMENT MAY ADOPT RULES IT DETERMINES ARE25
NECESSARY FOR PURPOSES OF THIS SUBSECTION (1)(i)(I)(D).26
(dd) (I) WITH RESPECT TO A FACILITY THAT HOUSES OR DETAINS27
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INDIVIDUALS WHO ARE NONCITIZENS FOR PURPOSES OF CIVIL IMMIGRATION1
PROCEEDINGS, THE POWER TO REQUIRE THE FACILITY TO:2
(A) PROVIDE TO THE DEPARTMENT A YEARLY REPORT DETAILING3
THE FOLLOWING : THE OUTCOMES OF PREGNANT INDIVIDUALS IN THE4
FACILITY, OUTCOMES OF INDIVIDUALS WITH CHRONIC HEALTH CONDITIONS,5
OUTCOMES OF INDIVIDUALS WITH DISABILITIES , ACCESS TO FOOD FOR6
INDIVIDUALS WITH DIETARY RESTRICTIONS , AVERAGE TEMPERATURE7
WITHIN THE FACILITY, HIGHEST AND LOWEST TEMPERATURES RECORDED8
WITHIN THE FACILITY , INDIVIDUALS ' ACCESS TO AN ATTORNEY , AND9
INDIVIDUALS' ACCESS TO SPACES OF WORSHIP OR SILENT REFLECTION;10
(B) PAY FOR AND PASS AN ENVIRONMENTAL IMPACT STUDY. IF THE11
ENVIRONMENTAL IMPACT STUDY IDENTIFIES A NEGATIVE IMPACT THAT IS12
OR WILL BE CAUSED BY THE FACILITY, THE FACILITY IS PROHIBITED FROM13
OPERATING UNTIL THE NEGATIVE IMPACT IS CORRECTED . THE FACILITY14
SHALL PAY FOR ANY COST INCURRED RELATED TO PERMITTING OR AGENCY15
REVIEW AS REQUIRED BY LAW.16
(C) P ROHIBIT THE HOUSING OR DETENTION OF A MINOR IN THE17
SAME ROOM AS A NONFAMILIAL ADULT; AND18
(D) O N THE FACILITY 'S SITE AND AT ALL TIMES , STAFF THE19
FACILITY WITH MEDICAL PROFESSIONALS AND MENTAL HEALTH20
PROFESSIONALS WHO ARE ACCESSIBLE TO INDIVIDUALS WHO ARE21
NONCITIZENS AND DETAINED FOR PURPOSES OF CIVIL IMMIGRATION22
PROCEEDINGS.23
(II) (A) I F A FACILITY FAILS TO COMPLY WITH A REQUIREMENT24
IMPOSED BY THE DEPARTMENT PURSUANT TO THIS SUBSECTION (1)(dd),25
THE DEPARTMENT MAY REVOKE THE FACILITY 'S LICENSE . IF THE26
DEPARTMENT DOES NOT REVOKE THE FACILITY'S LICENSE, THE FACILITY IS27
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LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN FIFTY THOUSAND1
DOLLARS FOR EACH VIOLATION.2
(B) THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENFORCE3
THIS SUBSECTION (1)(dd), INCLUDING AN ACTION SEEKING A CIVIL4
PENALTY.5
(C) ANY CIVIL PENALTY MONEY COLLECTED PURSUANT TO THIS6
SUBSECTION (1)(dd) MUST BE TRANSFERRED TO THE STATE TREASURER ,7
WHO SHALL CREDIT THE MONEY TO THE IMMIGRATION LEGAL DEFENSE8
FUND ESTABLISHED PURSUANT TO SECTION 8-3.8-101.9
(III) O N OR BEFORE JANUARY 15, 2027, AND ON OR BEFORE10
JANUARY 15 EACH YEAR THEREAFTER, THE DEPARTMENT SHALL SUBMIT11
A REPORT TO THE ATTORNEY GENERAL REGARDING FACILITIES '12
COMPLIANCE WITH THIS SUBSECTION (1)(dd) AND INFORMATION13
COLLECTED PURSUANT TO SUBSECTION (1)(dd)(I)(A) OF THIS SECTION .14
THE DEPARTMENT SHALL MAKE THE REPORT AVAILABLE ON A15
PUBLIC-FACING PAGE ON THE DEPARTMENT'S WEBSITE.16
(IV) THIS SUBSECTION (1)(dd) APPLIES TO LOCAL , COUNTY, OR17
PRIVATE DETENTION FACILITIES THAT HOUSE OR DETAIN INDIVIDUALS WHO18
ARE NONCITIZENS FOR PURPOSES OF CIVIL IMMIGRATION PROCEEDINGS ,19
INCLUDING ANY FACILITY THAT IS OPERATED ON BEHALF OF OR PURSUANT20
TO A CONTRACT WITH FEDERAL IMMIGRATION AUTHORITIES . THIS21
SUBSECTION (1)(dd) DOES NOT APPLY TO DETENTION FACILITIES OPERATED22
DIRECTLY BY THE FEDERAL GOVERNMENT.23
(V) T HE DEPARTMENT MAY ADOPT RULES IT DETERMINES ARE24
NECESSARY FOR PURPOSES OF THIS SUBSECTION (1)(dd).25
(VI) AS USED IN THIS SUBSECTION (1)(dd), UNLESS THE CONTEXT26
OTHERWISE REQUIRES:27
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(A) "MEDICAL PROFESSIONAL" MEANS AN ADVANCED PRACTICE1
REGISTERED NURSE REGISTERED PURSUANT TO SECTION 12-255-111, A2
PHYSICIAN ASSISTANT LICENSED PURSUANT TO SECTION 12-240-113, OR3
A MEDICAL DOCTOR OR DOCTOR OF OSTEOPATHY LICENSED PURSUANT TO4
ARTICLE 240 OF TITLE 12.5
(B) "MENTAL HEALTH PROFESSIONAL" MEANS A MENTAL HEALTH6
PROFESSIONAL LICENSED OR CERTIFIED PURSUANT TO ARTICLE 245 OF7
TITLE 12, AN ADVANCED PRACTICE REGISTERED NURSE REGISTERED8
PURSUANT TO SECTION 12-255-111 WITH TRAINING IN SUBSTANCE USE9
DISORDERS OR MENTAL HEALTH , OR A PHYSICIAN ASSISTANT LICENSED10
PURSUANT TO SECTION 12-240-113 WITH TRAINING IN SUBSTANCE USE11
DISORDERS OR MENTAL HEALTH. "MENTAL HEALTH PROFESSIONAL" DOES12
NOT MEAN AN UNLICENSED PSYCHOTHERAPIST AS DEFINED IN SECTION13
12-245-202.14
SECTION 8. In Colorado Revi sed Statutes, 8-3.8-101, amend15
(2)(b) as follows:16
8-3.8-101. Immigration legal assistance - fund - report -17
definitions.18
(2) (b) The state treasurer shall credit any civil penalty money19
transferred to the state treasurer pursuant to section 24-31-903 (5)(b),20
24-74-107, or 24-74.1-103, 24-76.7-104 (2), 24-76.7-105 (2), OR21
25-1.5-101 (1)(i)(I)(D) OR (1)(dd) and interest and income derived from22
the deposit and investment of the civil penalty money in the fund to the23
fund.24
SECTION 9. Severability. If any provision of this act or the25
application of this act to any person or circumstance is held invalid, the26
invalidity does not affect other provisions or applications of the act that27
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can be given effect without the invalid provision or application, and to1
this end the provisions of this act are declared to be severable.2
SECTION 10. Safety clause. The general assembly finds,3
determines, and declares that this act is necessary for the immediate4
preservation of the public peace, health, or safety or for appropriations for5
the support and maintenance of the departments of the state and state6
institutions.7
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