By Michael Carter

Coloradans have the right to safe, humane and lawful jail facilities, regardless of where they’re held. However, the state law requiring jails in Colorado to meet those basic standards doesn’t apply to all the jail facilities in our state including the jail located in my home city of Aurora. That’s why I’m sponsoring HB26-1039, which requires municipal jails to follow the same standards as their county jail counterparts.

I’ve spent my legal career in Colorado’s jails, defending the accused and fighting for their constitutional rights. For years, when I visited loved ones back home, those visits were to a local jail. I have witnessed the unlawful conditions our fellow Coloradans are often subjected to when they are held inside those jail walls, and I’ve seen the effects of the state’s decision certain people shouldn’t have the protection of common decency. Many people who are detained are faced with roadblocks when trying to reach their counsel, and many are cut off from accessing health care.

Prior to 2022, Colorado’s county jails operated under a largely independent patchwork of standards. To increase equitable treatment throughout the county system, Gov. Jared Polis signed HB22-1063 into law, which established a statewide Jail Standards Commission to issue uniform guidelines for the safe and just operation of county jails. The bill, however, did not include municipal-level jails.

The standards are guided by the belief, “Persons experiencing incarceration shall be treated humanely with dignity and respect.” They ensure people in jail have access to privileged communications with their attorneys, access to medication, health care, pre- and post-natal care, nutritionally appropriate meals, safety and reasonable access to media and recreation. These are basic conditions that help jails maintain the constitutional rights of those held behind bars. These guidelines must apply to any facility that operates as a jail, correctional facility, or detention facility — regardless of which governmental entity operates it.

Currently, Aurora is the only municipality in Colorado that operates its own jail. With county jail populations expanding and the creep of mass incarceration entering the city level, it’s only a matter of time before other municipalities follow suit. That’s why HB26-1039 is a crucial step to ensure people accused of crimes maintain their constitutional rights regardless of where they are being held.

The Aurora Detention Facility is not a mere stopover for people navigating the criminal justice system: it is a facility that meaningfully restricts the liberty of those it detains and has the authority to hold as many as 125 people for nearly a year. Individuals facing municipal charges deserve the same treatment as those held in county jails.

Aurora faces unique challenges and, like many cities in Colorado, severe budget restrictions. City officials have said its budget will not allow for it to comply with the standards, as doing so would require extensive remodeling or rebuilding, but this is simply untrue. The standards are extremely flexible and give facilities a wide berth to meet the standards in ways financially and logistically possible for them. For example, the standards require “access to a library or library materials including materials that are accessible and are also offered in commonly spoken languages.” Even read narrowly, Aurora’s interpretation to require the construction of a separate library facility defies the explicit guidance. Aurora, and future municipalities, could meet this standard through a simple cart of library books, or it could receive assistance through one of the American Library Association’s prison book donation drives or similar community projects.

The standards don’t require overnight compliance but encourage a staggered approach to ease the burden on each facility. HB26-1039 allows existing municipal jails until the summer of 2027 to come into compliance. Additionally, to ease the adoption of these standards, the commission designed a variance process to help each unique facility adapt. Aurora officials expressed concern cities lacked a voice on the commission to fairly hear requests for variances, and we agree cities deserve a voice, so my co-sponsor and I have agreed to add a non-voting seat to the commission dedicated to a municipal representative.

Coloradans deserve humane and equitable treatment in all of our jail systems, not just facilities operated by the counties. I am sponsoring HB26-1039 to ensure city and county detention facilities are all held accountable to the same standards required by state law.

Colorado Rep. Michael Carter is a co-sponsor of HB26-1039 and serves as vice chair of the House Judiciary Committee. He represents District 36 in Colorado which covers Adams and Arapahoe Counties, both of which the city of Aurora is located in. Rep. Carter has lived and practiced law in Aurora for 10 years and has been a long-time community leader serving the city.