16-3-401. Treatment while in custody.

Statute text

(1) No unlawful means of any kind shall be used to obtain a statement, admission, or confession from any person in custody.

(2) Persons arrested or in custody shall be treated humanely and provided with adequate food, shelter, and, if required, medical treatment. Anyone receiving medical treatment while held in custody may be assessed a medical treatment charge as provided in section 17-26-104.5, C.R.S.

History

Source: L. 72: R&RE, p. 202, 1. C.R.S. 1963: 39-3-401. L. 97: (2) amended, p. 192, 2, effective April 1.

Annotations

 

ANNOTATION

Annotations

Law reviews. For note, "The Admissibility of Confessions Obtained Before Arraignment -- Federal Rule", see 21 Rocky Mt. L. Rev. 98 (1948). For note, "Involuntary Confessions -- Fourth Stage in Colorado", see 31 Dicta 133 (1954).

Subsection (2) not void for vagueness. "Custody" is defined in 16-1-104 for purposes of this part 4. Denver Health & Hosp. v. City of Arvada, 2016 COA 12, 405 P.3d 308, rev'd on other grounds, 2017 CO 97, 403 P.3d 609.

The duty imposed by subsection (2) on a detaining governmental entity to provide medical treatment implies an inherent obligation on the part of the entity to pay the costs of such treatment. Poudre Valley Health Care, Inc. v. City of Loveland, 85 P.3d 558 (Colo. App. 2003), overruled in City of Arvada v. Denver Health & Hosp., 2017 CO 97, 403 P.3d 609.

Section does not create a private right of action for a health care provider against an entity holding a person arrested or in custody. Statute does not identify a duty owed to health care providers nor create or impute a private right of action by a health care provider. However, a health care provider may establish a claim for unjust enrichment. City of Arvada v. Denver Health & Hosp., 2017 CO 97, 403 P.3d 609 (overruling Poudre Valley Health Care Inc. v. City of Loveland, 85 P.3d 588 (Colo. App. 2003)).