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House advances bill tightening oversight of facilities that detain noncitizens
Summary
House Bill 12‑76, which expands inspections, requires redaction and notice procedures for subpoenaed personal data and increases standards for detention facilities, passed after extended floor debate and multiple amendments on inspection frequency and fee authority.
The House passed House Bill 12‑76 on April 24 after extensive floor consideration and numerous amendments. Sponsors Representative Velasco and co‑prime Representative Garcia framed the bill as a response to reported failures in some detention facilities and as an effort to protect detainees’ health, safety and privacy.
Sponsor testimony described multiple changes: more frequent inspections of facilities that detain noncitizens, food and water standards, requirements that medical and mental‑health staff be available on site, prohibition on housing minors with non‑related adults, and requirements that the Department of Public Health and Environment (CDPHE) may set inspection fees to cover those services. Velasco said the bill updates last year’s law and adds accountability measures, including a role for the Attorney General to enforce violations.
Floor debate focused on inspection frequency, the mechanics of setting fees and whether imposing a cap on CDPHE’s fee authority would hamper effective oversight. Representative Johnson proposed a cap on inspection fees to limit fiscal impact on facilities; sponsors opposed the cap, saying the fee is a fee‑for‑service and that CDPHE must have flexibility to respond to variable inspection workloads. The floor rejected the Johnson fee‑cap amendment.
Members also debated procedural provisions around federal subpoenas and redaction of personal identifying information; the bill adds notice to legislative committees when subpoena requests for personal identifying information are received and requires redaction of personal data when those subpoenas are shared, with narrow exceptions for federal non‑disclosure orders.
The bill includes inspection and reporting requirements, and sponsors said fees collected will be dedicated to an inspection cash fund to pay for the new oversight work; opponents worried a fee could functionally act like a tax and urged stricter caps. The House ultimately adopted the bill, sending it to the Senate.
Sponsors described the measure as a targeted state response to documented harms in some federally related holding facilities and as a way to ensure basic standards of care.
