Colorado Revised Statutes
Colo. Rev. Stat. § 16-3-401 (2026)
Treatment while in custody
✓ current as of July 2026
Find cases:
SyfertCases citing this section
CO-LEGleg.colorado.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
(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.
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.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1992–2021 · leading case: Denver Health & Hosp. Auth. v. City of Arvada Ex Rel. Arvada Police Dep't, 2016 COA 12 (Colo. Ct. App. 2016).
Denver Health & Hosp. Auth. v. City of Arvada Ex Rel. Arvada Police Dep't, 2016 COA 12 (Colo. Ct. App. 2016). “Specifically, Arvada contends that section 16-3-401(2), C.R.S. 2015, is void for vagueness; that the district court misinterpreted Poudre Valley Health Care Inc.”
Denver Health & Hosp. Auth. v. City of Arvada ex rel. Arvada Police Dep't, 2015 COA 12 (Colo. Ct. App. 2016). “Specifically, Arvada contends that section 16-3-401(2), C.R.S. 2015, is void for vagueness; that the district court misinterpreted Poudre Valley Health Care Inc.”
People v. Clayton, 207 P.3d 831 (Colo. 2009). “The prosecution appealed the trial court's suppression order. III.”
Poudre Valley Health Care Inc. v. City of Loveland, 85 P.3d 558 (Colo. Ct. App. 2003). “However, as the Hospital points out, § 16-3-401(2), C.R.S.2002, imposes a duty on a detaining governmental entity to provide such medical care: Persons arrested or in custody shall be treated humanely and shall be provided with adequate food, shelter, and, if required, medical…”
People v. Anderson, 842 P.2d 621 (Colo. 1992). “The defendant contended that these statements were obtained in the absence of a valid waiver of his Miranda rights and in violation of his right to counsel under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution; article II, section 16 of the Colorado…”
People v. Sinovcic, 304 P.3d 1176 (Colo. Ct. App. 2013). “See § 16-3-401(2), C.R.S.2012. However, since the People did not argue for an assessment under this statute, we do not reach its application to this case.”
Williams IV v. Carbajol (D. Colo. 2021). “” Colo. Rev. Stat. § 16-3-401 (1). Finally, Plaintiff alleges Deputy Sackett “[p]laced a typical hardship on [Plaintiff], no [hearing] conducted, official oppression,” under “18-8-403.”
— Colo. Rev. Stat. § 16-3-401(1) — 2 cases
People v. Clayton, 207 P.3d 831 (Colo. 2009). “The prosecution appealed the trial court's suppression order. III.”
People v. Anderson, 842 P.2d 621 (Colo. 1992). “The defendant contended that these statements were obtained in the absence of a valid waiver of his Miranda rights and in violation of his right to counsel under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution; article II, section 16 of the Colorado…”
— Colo. Rev. Stat. § 16-3-401(2) — 4 cases
Denver Health & Hosp. Auth. v. City of Arvada Ex Rel. Arvada Police Dep't, 2016 COA 12 (Colo. Ct. App. 2016). “Specifically, Arvada contends that section 16-3-401(2), C.R.S. 2015, is void for vagueness; that the district court misinterpreted Poudre Valley Health Care Inc.”
Denver Health & Hosp. Auth. v. City of Arvada ex rel. Arvada Police Dep't, 2015 COA 12 (Colo. Ct. App. 2016). “Specifically, Arvada contends that section 16-3-401(2), C.R.S. 2015, is void for vagueness; that the district court misinterpreted Poudre Valley Health Care Inc.”
Poudre Valley Health Care Inc. v. City of Loveland, 85 P.3d 558 (Colo. Ct. App. 2003). “However, as the Hospital points out, § 16-3-401(2), C.R.S.2002, imposes a duty on a detaining governmental entity to provide such medical care: Persons arrested or in custody shall be treated humanely and shall be provided with adequate food, shelter, and, if required, medical…”
People v. Sinovcic, 304 P.3d 1176 (Colo. Ct. App. 2013). “See § 16-3-401(2), C.R.S.2012. However, since the People did not argue for an assessment under this statute, we do not reach its application to this case.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.