2021 Colorado Code
Title 17 - Corrections
Article 42 - Miscellaneous Provisions
§ 17-42-102. American Indians - Freedom of Worship - Definitions

1. The general assembly hereby finds, determines, and declares that American Indian religions and religious beliefs predate the creation of the United States constitution; however, understanding of and respect for American Indian religious practices is not widespread among non-indigenous persons. The general assembly further finds that serious problems in the practice of religious freedom persist for the American Indian and particularly for American Indians who are incarcerated. Therefore, in order to protect this most basic freedom for American Indians who are incarcerated, traditional religious and ceremonial practices of American Indians should be permitted in correctional facilities to the extent that such practices do not impinge on the reasonable security interests of the correctional facilities to which such Indians are confined.
2. American Indians who are confined to a correctional facility as defined in section 17-1-102 and who practice an American Indian religion as defined in subsection (5) of this section shall have access on a regular basis to the following:
   1. American Indian traditional spiritual leaders;
   2. Items and materials utilized in religious ceremonies; and
   3. American Indian religious facilities.

3. Access of American Indians to spiritual leaders, religious items and materials, and religious facilities shall be comparable to access to clergy, religious items and materials, and religious facilities which is afforded to inmates who practice Judeo-Christian religions.
4. The provisions of this section shall not be construed as requiring prison authorities to permit or prohibit access to peyote or American Indian religious sites.
5. For purposes of this section:
   1. “American Indian” means an individual of aboriginal ancestry who is a member of an Indian tribe. “American Indian” includes any individual who is an Alaska native or any individual who is a native Hawaiian.
   2. “American Indian religion” means any religion which is practiced by American Indians and the origin and interpretation of which is from a traditional American Indian culture or community.
   3. “Indian tribe” means any tribe, band, nation, or other organized group or community of Indians, including any Alaska native village as defined in the “Alaska Native Claims Settlement Act”, federal Public Law 92-203, as amended, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
   4. “Native Hawaiian” means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the state of Hawaii.

History. Source: L. 92: Entire article added, p. 251, § 1, effective May 26.

Subsections (5)(b), (5)(c), and (5)(d), as enacted by Senate Bill 92-197, were relettered on revision in 2004 to conform with statutory alphabetization format.