C.R.S. § 17-26-141: Access to jail video recordings showing prisoner nudity - when authorized - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) "Local detention facility" means a county jail as described in section 17-26-101 or municipal jail as described in section 31-15-401 (1)(j).

(b) "Strip search" means having a person remove or arrange some or all of their clothing so as to permit a visual inspection of the genitals, buttocks, anus, or female breasts of the person.

(2) Personnel of a local detention facility who conduct strip searches shall tag body-worn camera footage of strip searches with a strip search tag using the body-worn camera's tagging feature.

(3) Personnel of a local detention facility shall not record a strip search using an overhead camera or recording device other than a body-worn camera.

(4) While not on the premise of a local detention facility, personnel of a local detention facility shall not access video footage of strip searches captured by a local detention facility.

(5) Personnel of a local detention facility must obtain written approval from the sheriff or equivalent head of a municipal jail, or the sheriff's or equivalent head of a municipal jail's designee, and document what video footage they are accessing and the reason they are accessing it before accessing any footage of strip searches captured in a local detention facility. When a sheriff or equivalent head of a municipal jail is accessing strip search footage captured in a local detention facility, they must document what footage they are accessing and the reason they are accessing it.

(6) This section is not applicable to discovery of video recordings or the use of video recordings by parties in a civil, criminal, or administrative court case, or an internal investigation or in response to requests made pursuant to section 24-72-303.

(7) Each local detention facility shall have written policies regarding:

(a) The circumstances or set of conditions when personnel of the local detention facility are authorized to conduct strip searches of persons in the custody of the local detention facility;

(b) The restriction of access to body-worn camera footage tagged as strip search video pursuant to subsection (2) of this section; and

(c) The retention of body-worn camera footage tagged as strip search video.

(8) On or before August 1, 2026, each sheriff shall implement the written policies described in subsection (7) of this section.