A bill aiming to prevent sexual abuse in jails, which was inspired in part by a wide-scale sexual gratification case against former La Plata County Jail Cmdr. Edward Aber, passed the House Thursday on a 44-20 vote.
The bill ‒ HB26-1123, Preventing Sexual Abuse in Jails – was introduced in mid-February by Colorado lawmakers, including Rep. Katie Stewart, D-Durango, who represents House District 59.
Stewart told The Durango Herald in February that Aber’s case “100 percent” informed her desire to pursue the bill.
The bill’s main tenets involve limiting strip searches and access to strip search footage, ensuring that inmates are aware of their rights and the resources available to them, and extending reporting requirements and whistleblower protections for jail staff.
The House Judiciary Committee advanced HB26-1123 to the House Appropriations Committee on a 7-4 vote with amendments March 11 following more than four hours of testimony.
Some individuals with concerns about the bill’s language and reach, and supporters of its content – including three of the alleged victims named in the Aber case and a former La Plata County Deputy Sheriff – testified at the March hearing.
The bill incurred several additional revisions since, and was passed by the House Thursday without amendments.
It will now move to the Senate, where it is sponsored by Sens. Judy Amabile and Mike Weissman.
The Colorado Coalition Against Sexual Assault, which has championed the bill since its inception and supported the alleged victims’ travel to Denver to testify, voiced its support in a news release Thursday.
“No one deserves to face sexual violence in jail,” Elizabeth Newman, director of public policy at CCASA said. “This bill is a critical step to uphold the safety and dignity of all Coloradans and ensure these abuses of power never happen again. We are grateful to the sponsors and survivors who worked tirelessly to move this change forward.”
Aber was accused in July of using his administrative access to evidence.com to watch strip-search videos – which depicted “close-up vantage points of the intimate parts of at least 117 female inmates” – more than 3,000 times between Feb. 14, 2019, and Jan. 14, 2024, according to an arrest affidavit, and was charged with 118 misdemeanors.
He pleaded not guilty in early March, turning down a plea deal that one attorney and some victims viewed as lenient, and a trial date was set for August.
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