Research Hub · Policy comparison

How states handle heat, and where Colorado stands

Some states set a temperature that triggers action. Some log temperatures. A few have been ordered by courts. Colorado has a number on paper, but no public record of whether prisons meet it.

44+States without AC in every prison (2022)
2029Texas ordered to air-condition every prison
61–86°FColorado's indoor range, by health rule
0Colorado laws on prison temperature found

USA Today analysis, 2022 · KBTX, Sept 2026 · 6 CCR 1010-13 §9.4

Side by side

What triggers action, state by state

Every row is checked against the policy, bill, court ruling or a news report on it. This is a sample of states with documented rules, not all 50.

PlaceTriggerWhat happensTypeSource
CaliforniaStage I: outdoor above 90°F. Stage II: indoor above 90°F. Stage III: indoor above 95°F.Department heat plan: move vulnerable people, fans, extra showers, water, ice, nurse checks. Indoor readings every 3 hours, May–Oct. $17.6M and $20M for an air-cooling pilot at three prisons.Agency plan + budgetCDCR · CDCR 2026 report
New MexicoIndoor housing at or above 90°F, June 1–Sept 30Indoor and outdoor checks every 2 hours, 10 a.m.–6 p.m.; log signed by the warden; health staff called right away.Agency policyNMCD CD-171500
GeorgiaAbove 85°F, for people on psychotropic medication in lockdown, special housing and crisis unitsFans, extra ice and fluids, extra showers "if possible." Temperature logged every 6 hours in daylight, April–Sept.Agency policyGDC SOP 508.24
TexasHeat-index work and rest bands from 90°FRest breaks and work limits; no outdoor work at 95°F+ for people on antipsychotics. A 3 p.m. reading in uncooled housing every day, April–Sept. A federal judge ordered AC in every prison by the end of 2029; the state has appealed.Agency policy + budget rider + court orderTDCJ D-27.2 · Rider 75 · KBTX, 2026
Louisiana88°F heat-index ceiling on Angola death row, later struck downThe appeals court found an Eighth Amendment violation but said AC was not required; it allowed cooling units, ice, fans and showers.Court case5th Cir. 2015 · 5th Cir. 2018
VirginiaCells no higher than 80°F (bill as passed)HB 1894 required heating and AC. Vetoed by the governor in 2025.Bill, vetoedWVTF · Virginia Mercury
IowaNo indoor trigger; outdoor work stops at 103°F and 125°F heat indexEach facility decides when to stop outdoor recreation.Agency policyIowa DOC IO-SE-12
ColoradoIndoor at least 61°F in the coldest months and under 86°F in the warmestA state health department rule. Older buildings can be "deemed acceptable," and prisons can ask for variances. CDOC's Extreme Weather regulation (AR 850-17) covers outdoor work and recreation only, with an alert at a 105°F heat index. It sets no indoor temperature.State health rule6 CCR 1010-13 §9.4 · §1.2 · CDOC index
Federal (OSHA)80°F and 90°F heat indexProposed workplace rule: water, rest areas, paid breaks. Not final; no source says whether it would cover incarcerated workers.Proposed rule89 FR 70698

Colorado

Strong on paper, quiet in practice

On paper
  • A real number: at least 61°F in winter, under 86°F in summer.
  • At least 10 cubic feet of air per person per minute; 15 in new buildings.
  • Since 2020, the state health department must inspect prisons every year, and immigration detention is included.
  • CDOC adopted an Extreme Weather regulation in July 2025: heat-index checks from 90°F, and a 105°F alert that stops strenuous outdoor work and recreation.
  • Fans and thermal underwear are allowed in general population.

§9.3–9.4 · HB20-1409 · CDOC AR index · AR 850-17 · AR 850-06

In practice
  • Buildings that opened before the rule can be "deemed acceptable if in good repair," and prisons can ask for variances.
  • No public inspection reports on CDOC prisons were found, so there is no public record of indoor temperatures.
  • CDOC's heat rule covers the yard and work crews, not housing units. No indoor temperature-logging rule like New Mexico's, Georgia's or Texas's was found.
  • Fans are not allowed in restrictive housing, where property can be removed altogether.
  • People inside report AC switched on by calendar date, not by heat.
  • Colorado's 2026 worker heat law does not mention prisons.

§1.2(b)–(c) · CPR News, 2025 · HB26-1272 · AR 850-17 · AR 850-06

What other places show is possible

Tools Colorado could use

Log it

New Mexico checks every 2 hours in summer; Texas takes a daily 3 p.m. reading in uncooled housing; Georgia logs every 6 hours. Readings make the 86°F rule checkable.

NMCD · Texas Rider 75 · GDC

Stage the response

California steps up action at 90°F outdoors, 90°F indoors and 95°F indoors: moves, fans, water, ice, showers and nurse checks.

CDCR

Fund the cooling

California set aside $17.6M and $20M for an air-cooling pilot at three prisons. Colorado's repair plan already lists HVAC work at nine prisons.

CDCR 2026 report · Colorado page

Protect people on medication

Georgia, New Mexico and Texas all name people on psychotropic or antipsychotic medication, which make it harder for the body to handle heat.

GDC · NMCD · TDCJ

Bills that failed

  • Virginia HB 1894 (80°F cap): vetoed, 2025.
  • Texas HB 3006 (65–85°F): died in the Senate, 2025, the third session in a row.
  • California AB 1424: died Feb 2026. AB 2499 began as a prison heat bill but was rewritten into a health-insurance bill.

WVTF · Texas Tribune · AB 1424 · AB 2499

National standards

The American Correctional Association asks that living areas be "appropriate to the summer and winter comfort zones," the same idea as Colorado's rule. ICE asks for "acceptable and comfortable levels" in hold rooms.

ACA standard 4-4153 · ICE PBNDS 2.6

For the research team and advisory boards

Open questions

  1. Does CDPHE's yearly inspection record indoor temperatures? Could those reports be requested under the Colorado Open Records Act?
  2. AR 850-17 protects people working outdoors at a 105°F heat index. Should a matching indoor rule cover housing units, starting at the state's own 86°F?
  3. Which Colorado prisons have been granted variances or "deemed acceptable" under §1.2?
  4. Would a logging rule like New Mexico's be a realistic first ask, before cooling?