House adopts reforms aimed at preventing abuse in jails, including strip-search recording safeguards

The Colorado House on March 31 passed House Bill 11-23 with amendments designed to prevent abuse related to recorded strip searches and to strengthen oversight of county detention facilities.

Sponsors described the legislation as a response to reporting alleging misuse of recorded strip-search footage. Representative Mabry said recent reporting revealed a jail commander allegedly accessed videos of strip searches and used them for private gratification, and argued the bill is about protecting the dignity and bodily autonomy of people in custody.

Under amendments adopted on the floor, a local detention facility may conduct a strip search on intake only if the facility's policy allows it, or when two personnel independently determine there is reasonable belief that an inmate is concealing a weapon or controlled substance. The bill requires facilities to: log and electronically track all access to recorded footage; prefer overhead audio and video recording of strip searches; instruct officers not to use body cameras in lieu of overhead recording unless no overhead system exists (and to document why); submit annual strip-search reports to the jail standards advisory committee and the attorney general; and adds unlawful recording/exploitation of people in custody for sexual gratification as an offense that can lead to decertification.

Lawmakers said the stakeholder process led them to narrow an initially-proposed probable-cause standard to reasonable belief and to include additional procedural safeguards and reporting requirements. Representative Stuart and others lauded the compromise and emphasized continued stakeholder engagement. The amendment package, including L11 and L12 and a technical L14 modification, was adopted on the floor and the bill passed as amended.