Legislation to Prevent Sexual Abuse in Jails Passes Senate
DENVER, CO – The Senate today passed legislation to close gaps in jail safety standard requirements to protect incarcerated Coloradans from sexual exploitation.
HB26-1123, sponsored by Senators Mike Weissman, D-Aurora, and Judy Amabile, D-Boulder, would strengthen jail safety policies regarding strip searches, sexual assault prevention, and whistleblower protections.
“Recent incidents in Colorado jails have revealed serious failures to keep people in custody safe from sexual misconduct. This abuse cannot continue unchecked,” said Weissman. “This bill establishes clear standards for when strip searches can occur, restricts access to footage, and requires strict reporting. It also ensures real accountability for any officer who commits sexual misconduct. This bill is about restoring trust, safety, and accountability.”
“It is our responsibility to ensure that people in jail are safe from harm, especially at the hands of the officials who are supposed to keep them safe,” said Amabile. “Unfortunately, sexual abuse in jail is all too common. This bill establishes basic protections against sexual misconduct, increases access to sexual assault advocacy services, and prevents abusive staff from moving to another facility where they can cause further harm.”
This bill would require detention centers to create sexual assault prevention policies and inform inmates of their rights under the Prison Rape Elimination Act (PREA). If a peace officer commits a sexual assault in a detention facility, their POST certification would be permanently revoked.
Under the bill, a strip search could only be conducted if:
Two authorized personnel independently determine that there is a reasonable suspicion that an individual is concealing a weapon, a controlled substance, or contraband;
There has been a documented prior incident of possession of a weapon, controlled substance, or contraband in similar circumstances and there is substantial likelihood that an incident may occur again; or
The individual is being transferred from an outside facility and the local facility has a policy that dictates strip searches upon intake from an outside facility.
Under the bill, detention facility staff would document their decision to conduct a strip search and would record the search using their body-worn camera. Detention facilities would submit an annual report for the total number of strip searches that occurred in their facilities, as well as the reasons and the results of the searches, to the Colorado legislature and the Attorney General.
HB26-1123 would only allow a peace officer to review a video recording of a strip search for a legitimate law enforcement purpose. Personnel would be required to document the reason for seeking access and obtain approval from the sheriff, municipal jail head, or their designee to access strip search footage. These recordings could not be viewed remotely. Each local detention facility would be required to have a written policy regarding when strip searches are authorized and body camera footage restrictions.
The bill also includes whistleblower protections for staff who report suspected, alleged, or witnessed sexual assault and would create a private right of action for whistleblowers.
The PREA was passed by Congress in 2003 to prevent sexual assaults in prison. Inconsistent implementation and enforcement of PREA standards have left significant gaps that leave individuals vulnerable to sexual misconduct in jails and prisons. Last year, investigators found that a La Plata County Jail commander watched strip search videos of at least 117 female inmates over 3,000 times between 2019 and 2024. He was charged with 117 counts of invasion of privacy and one count of official misconduct.
The bill now heads back to the House for consideration of amendments. Track its progress HERE.