Colorado is poised to become the first state to recognize prison visitation as a right, rather than a privilege. Though HB25-1023 is somewhat ambiguous as to which forms of visitation would be protected for people in higher-security housing, the bill’s approval could represent a watershed moment for prisoner rights if used as a precedent by lawmakers in other states. The Colorado legislature sent the finalized bill to Governor Jared Polis (D) on May 16.
The United Nations Standard Minimum Rules for the Treatment of Prisoners, commonly known as the Mandela Rules, hold that regular contact with the outside world is a human right, and that this includes receiving visits. But in United States corrections departments including CDOC, visitation is considered a privilege granted by staff at each facility at their discretion, and as such is frequently suspended or revoked as a form of punishment. Refusing to participate in forced labor, for example, can result in visit privileges being revoked.
Visitation is least accessible to prisoners in solitary confinement, whether they’ve been placed there temporarily or are being housed that way long-term.
“A person confined in a correctional facility has visitation rights,” the bill states. “‘Visitation’ means all types of social visits with a person confined in a correctional facility, including contact visits, non-contact visits, family time visits, telephone calls and video visitation.”
“In-person” visitation is not synonymous with “contact” visitation.
The Colorado Department of Corrections (CDOC) could still impose certain restrictions, but would not be permitted to deny contact visits for a period of more than 30 days, or deny phone calls for a period of more than five days.
The bill states that video visits are considered non-contact visits “and may supplement, but not take the place of, in-person visits when in-person visits are permitted.” However, “in-person” visitation is not synonymous with “contact” visitation.
CDOC policy defines contact visits as those “conducted under supervision in an open area, enabling movement within the area and restricted physical contact.” This refers to visit rooms where people are allowed a brief hug and brief closed-mouth kiss at the beginning and end of each visit, and to hold hands during the visit. Non-contact visits are defined as those “conducted in a special room, or otherwise with a barrier between [the two parties], for the purpose of preventing any physical contact.”
CDOC currently allows people in restrictive housing to have only non-contact visits. This is the norm in corrections departments around the country, which define the two types of in-person visits more or less the same way.
Few if any corrections departments allow contact visits for people in solitary confinement.
Few if any corrections departments allow contact visits for people in solitary confinement. But even though the bill’s language is not particularly specific, it appears that it would make Colorado the first state not just to make visitation a protected right, but to allow people being subjected to solitary confinement to have limited physical contact with loved ones.
Bill sponsors did not comment in response to Filter’s inquiry. A Senate Democrats spokesperson replied that as the bill doesn’t define contact visits, “it depends on DOC’s definitions in their administrative regulations.” A House Democrats spokesperson replied that “it would be DOC’s current definition of contact visits, only now there is clear clarification that video visits do not count as ‘contact visits.'”
CDOC policy already states that video visits are a type of non-contact visit, but both responses would mean that people in restrictive custody could briefly hug and kiss their visitors, as well as hold hands. As bringing them into the visit room would represent a massive restructuring of security operations, it’s reasonable to assume that each facility would hold such visits in a separate area not currently being used for visitation.
The bill also directs the department to “make all reasonable efforts” to facilitate video visits allowing people in custody to virtually attend funerals, “or immediately following the birth of a child in the person’s family.” This may lend an added layer of protection against sanctions that can result from people who have not been pre-approved as visitors appearing in a video visit. Under the state’s current contract with provider Securus Technologies, video visits are capped at just 10 minutes.
Among other reporting requirements, beginning in January 2026 the department will have to include data on visitation-related grievances during its annual presentation to legislative committees.
Image of maximum-security Centennial Correctional Facility via Colorado Department of Corrections