Screening in jails

17-26-304. Screening in jails. (1) A local jail shall use an adequate screening tool to complete a health screening of each individual upon arrival at the facility by health-trained or qualified health-care personnel as part of the admission procedures. If a local jail is unable to perform a health screening on an individual due to intoxication or another reason that makes the person temporarily incapacitated, the jail shall document the reason for the delay in the health screening and shall complete the health screening no later than twenty-four hours after an individual's arrival at the facility. A local jail is not required to complete a health screening if prohibited by a court order. The screening includes at least the following: (a) Inquiry into: (I) Current and past illnesses, health conditions, or special health requirements; (II) History of suicidal ideation or self-injurious behavior attempts; past or current serious mental illness, including hospitalizations; and history of special education; (III) All legal and illegal drug use, including any current withdrawal symptoms; (IV) Current or recent pregnancy; (V) Serious neurocognitive issues such as past traumatic brain injuries or dementia; and (VI) Present or past prescribed medications; and (b) Observation of: (I) General appearance and behavior, including state of consciousness, mental status, appearance, and conduct; (II) Physical condition, including ease of movement; (III) Evidence of abuse or trauma and the condition of the individual's skin, including bruises and lesions; and (IV) Behavior, tremors, and sweating. (2) An individual must not be placed in restrictive housing until the health screening required by subsection (1) of this section is complete and has been documented. (3) If local jail personnel who are health-trained perform the screening, the personnel shall call a medical or mental health professional if indications of a positive screen are identified during the screening. Source: L. 2021: Entire part added, (HB 21-1211), ch. 322, p. 1980, � 1, effective July 1, 2023. Editor's note: The effective date of this part 3 as added by HB 21-1211 was changed from July 1, 2022, to July 1, 2023, by HB 22-1063. (See L. 2022, ch. 395, p. 2813.) ARTICLE 26.5 Multijurisdictional Jails 17-26.5-101. Multijurisdictional jails - authorized. The general assembly hereby authorizes any county, city and county, city, or the department of corrections of the state of Colorado to enter into a contract or contracts with each other in accordance with part 2 of article 1 of title 29, C.R.S., to design, locate, construct, and operate a multijurisdictional jail for the incarceration of county, city and county, city, or state prisoners. In the alternative, the described governmental entities may enter into the necessary contracts with a private contractor for the provision and operation of such jail. Source: L. 90: Entire article added, p. 940, � 4, effective July 1. 17-26.5-102. Contracts for multijurisdictional jails - requirements. (1) Any contract or contracts for the creation of a multijurisdictional jail as described in section 17-26.5-101 shall contain the following requirements: (a) An agreement regarding involvement by each of the governmental entities in the predesign planning, design, location, and construction of such a jail facility or involvement in any agreement to obtain a private contractor to provide a jail facility and the operation thereof; (b) An agreement regarding involvement by each of the governmental entities in construction management and oversight for such a jail facility; (c) An agreement regarding involvement by each of the governmental entities in financing the construction of such a jail facility; (d) An agreement regarding involvement by each of the governmental entities in financing and providing for staffing and operation of such jail facility, which may provide for staffing and operation solely by any county, city and county, or city with financial assistance from the state department of corrections or any other governmental entity involved, or staffing and operation through a joint staffing and operation agreement between any county, city and county, or city and the state department of corrections, if the department is involved in the multijurisdictional jail facility; (e) An agreement regarding involvement by each of the governmental entities in financing and providing for programs for such jail facility; (f) An agreement regarding utilization of such jail facility by each of the governmental entities involved in the multijurisdictional jail facility. However, if the state department of corrections is involved in the facility, such agreement shall provide that a proportionate number of beds in the facility, equal to the proportionate percentage of the financing of the construction and operation of the facility which was provided by the state department of corrections bears to the entire cost of the construction and operation of the facility, shall be reserved for utilization by the state department of corrections if such beds are needed by the department. Any such beds so reserved shall be counted by the department as available beds when determining the number of beds available in the state correctional system. Source: L. 90: Entire article added, p. 941, � 4, effective July 1. Programs ARTICLE 27 Community Corrections Programs Editor's note: This title was repealed and reenacted in 1977, and this article was subsequently repealed and reenacted in 1993, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1993, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. Former C.R.S. section numbers prior to 1993 are shown in editor's notes following those sections that were relocated. Cross references: For authority of the department of public safety to expand the use of community correctional facilities and programs, see section 12 of chapter 120, Session Laws of Colorado 1990. Law reviews: For article, Felony Sentencing in Colorado, see 18 Colo. Law. 1689 (1989).