In Colorado prisons, inmates deemed to be a threat to themselves or others are often strapped to a bed by their arms and legs with metal restraints, left alone for hours or even days in this position. 

In at least one instance, a person was kept in these restraints for 39 days straight in the Colorado Department of Corrections, only getting up to use the bathroom and eat, according to a report by Disability Law Colorado. Others were found to have spent 90 days out of nine months and 60 days out of 10 months in the restraints.

House Bill 1013, passed by the state legislature Wednesday, seeks to restrict the use of these clinical four-point restraints in prisons beginning in 2027. 

“I hope that you could all try to imagine what it would be like to spend 39 days strapped to a bed on your back, all alone in a tiny, little room and what the damage might be to your mental health,” said Rep. Judy Amabile, D-Boulder, who sponsored HB 1013. “It is a way to stop somebody from self-harming, but not for 39 days, not for 6 days, not for 3 days. That’s too much.”

If signed into law, the bill would prohibit by July 1, 2027 the use of such restraints, unless it is imminently necessary and all other options have been exhausted. Beginning in 2024, prisons must document and report their annual use of four-point restraints to the legislature, including the frequency, duration and basis for use. 

Also by July 2027, the bill would establish time limits for how long someone can be kept in restraints, require the restraints to be cloth instead of metal and require restrained people to be checked on more frequently – aligning the use of restraints in prisons with the practices used in state hospitals. 

The Senate passed the bill in a 26-9 vote on Wednesday, following the House’s 48-16 vote last month. It will next go back to the House to approve minor changes from the Senate, and then to the governor for final consideration. 

Though the bill received bipartisan support, only Republicans voted against it. Opponents argued that the legislature shouldn’t interfere with the operations of the Department of Corrections. 

“The people who work at the correctional facilities go through training,” said Sen. Barbara Kirkmeyer, R-Brighton. “They need to be able to have the resources and tools at their disposal to restrain individuals that might either be causing themselves harm or causing the correctional officers harm.” 

Sen. Paul Lundeen, R-Monument, added: “Department of Corrections policies should govern this, not statute. I don’t think it’s appropriate to stick this level of detail into statute.” 

Four-point restraints are intended to prevent people from harming themselves or others when they present a threat. Proponents for HB 1013 say they are being dangerously overused, causing more harm than they prevent.

During a public hearing on the bill, Tyler Himelstieb said he was put in four-point restraints after he was brought to the San Carlos Correctional Facility in Pueblo in July. Himelstieb said he hit his head on his cell door after being declined his bipolar medication, resulting in a hospital visit, five stitches and finally receiving his medication.

When he returned to the prison, Himelstieb said he was put in restraints for 20 hours, despite having long calmed down and no longer being at risk.

“I had asked one correctional officer who was cuffing one of my legs to loosen it, as it was too tight and hurting me. He said, ‘No,'” Himelstieb said. “I had such bad bruising, welts and slight bleeding. … I blatantly said to him, ‘You’re torturing me.’ He said he didn’t care.”