The U.S. Department of Justice has opened an investigation into possible constitutional violations of Colorado prisoners through inadequate treatment and transgender housing policy, according to federal authorities.

The department’s letter of notice to Gov. Jared Polis on Monday identified housing “biological males” in female units in violation of religious freedom, inadequate medical care, excessive force and inadequate nutrition in youth facilities as matters it will investigate.

The Department of Justice’s action to investigate aspects of an entire state’s prison system appears to be the first of its kind in 2025. It comes following a 2024 settlement on the treatment of transgender prisoners and reports of subpar care at prisons and youth facilities across the Centennial State.

A settlement in a class action lawsuit brought on by incarcerated trans women in 2019 led to mandated changes in policy and housing for the few hundred Colorado transgender inmates, according to reporting by Denver Gazette news partner 9News in 2024. The consent decree ordered the creation of a 100-bed facility for transwomen at Sterling Correctional Facility and a 40-bed integration space at Denver Women’s Correctional Facility.

The treatment of juveniles in youth facilities has also been recently criticized in reports by external organizations.

The Colorado Child Protection Ombudsman released a report in October describing a pattern of policy violations and lack of oversight by the Division of Youth Services when conducting strip searches on juveniles.

Disability Law Colorado also released a report in October detailing what it described as unsafe conditions at one facility caused by excessive restraint, lack of consistent treatment and lapsing programs like the Youth Advisory Council.

The Lookout Mountain Youth Services Center in Golden reopened two months after transferring out all youth following “basic safety” failures, according to 9News. The largest facility of its kind in the state reopened with limited operations, housing 13 juveniles on Nov. 1 after removing 36 in September.

Meanwhile, the Colorado Department of Corrections triggered its Prison Population Management Measures in September to address overcrowding after reaching less than 3% vacancy for 30 consecutive days.

The federal government’s action on Monday to investigate conditions at the Department of Corrections is permissible through the Civil Rights of Institutionalized Persons Act, according to a news release from the Department of Justice.

The Department of Justice will also investigate Colorado prisons under the Religious Land Use and Institutionalized Persons Act and Violent Crime Control and Law Enforcement Act, both signed into law by former President Bill Clinton.

“The Constitution protects every American, whether they are a young person confined in a juvenile facility or an elderly person confined to a prison,” U.S. Assistant Attorney General Harmeet Dhillon said in the news release. “We are committed to upholding our federal civil rights laws so that no one is subject to unconstitutional mistreatment when held in state custody.”

If violations are found, the federal government will inform the state and attempt to remedy any issues, according to the letter to Polis signed by Dhillon from the department’s civil rights division. Many years of “good faith efforts” between the government and affected jurisdictions have “routinely” allowed for claims to be resolved without contested litigation.

Lawsuits through DOJ’s civil rights division have been filed against several states, including 14 for allegedly failing to provide certain detailed voter data and other election information. In that case, the requests included basic questions about the procedures states use to comply with federal voting laws, such as how they identify and remove duplicate voter registrations or deceased or otherwise ineligible voters. Certain questions were more state-specific and referenced data points or perceived inconsistencies from a recent survey from the U.S. Election Assistance Commission.

Colorado said it will not comply with the request.

The federal division also secured six settlement agreements with academic institutions over various issues under the second Trump administration.