Department of Law

C.R.S. tit. 24, art. 31
in effect

C.R.S. § 24-31-101 Powers and duties of attorney general

24-31-101. Powers and duties of attorney general. (1) The attorney general: (a) Shall act as the chief legal representative of the state and be the legal counsel and advisor of each department, division, office, board, commission, bureau, and agency of state government but shall not provide legal counsel to the legislative branch except for the state auditor in accordance with section 2-3-104.5; (b) Shall appear for the state and prosecute and defend all actions and proceedings, civil and criminal, in which the state is a party or is interested when required to do so by the governor; (c) Shall prosecute and defend for the state all causes in the appellate courts in which the state is a party or is interested; (d) Shall give his or her opinion in writing upon all questions of law submitted to the attorney general by the: (I) General assembly, or either the house of representatives or the senate; (II) Governor; (III) Lieutenant governor; (IV) Secretary of state; (V) State treasurer; (VI) Executive director of the department of revenue; or (VII) Commissioner of education. (e) Shall have concurrent jurisdiction with the relevant district attorney over part 4 of article 120 of title 12; (f) May appoint deputy attorneys general and assistant attorneys general for the efficient administration and supervision of department divisions and offices specified in section 24-31-102; (g) May, at his or her sole discretion, appoint special assistant attorneys general to provide legal services to state agencies except as otherwise provided in section 24-31-111 (5); (h) Shall, at the request of the governor, secretary of state, state treasurer, executive director of the department of revenue, or commissioner of education, prosecute and defend all suits relating to matters connected with their departments; (i) May independently initiate and bring civil and criminal actions to enforce state laws, including actions brought pursuant to: (I) The "Colorado Antitrust Act of 1992" or the "Colorado State Antitrust Act of 2023", article 4 of title 6; (II) The "Colorado Consumer Protection Act", article 1 of title 6; (III) The "Unfair Practices Act", article 2 of title 6; (IV) Article 12 of title 6; (V) Section 6-1-110; (VI) Section 11-51-603.5; (VII) Section 11-61-102; (VIII) Section 24-34-505.5; (IX) Section 25.5-4-306; (X) Article 4 of title 8, subject to section 24-31-1303 (2); (XI) The "Colorado Employment Security Act", articles 70 to 82 of title 8, subject to section 24-31-1303 (1); (XII) The "Immigrant Tenant Protection Act" in part 12 of article 12 of title 38; (XIII) The "Mobile Home Park Act" in part 2 of article 12 of title 38; (XIV) The "Mobile Home Park Act Dispute Resolution and Enforcement Program" in part 11 of article 12 of title 38; (XV) Part 1 of article 12 of title 38; (XVI) Part 7 of article 12 of title 38; (XVII) The "Rental Application Fairness Act", part 9 of article 12 of title 38; (XVIII) The "Reproductive Health Equity Act", part 4 of article 6 of title 25; (XIX) Part 15 of article 5 of title 25; (XX) Part 5 of article 12 of title 38; (XXI) Part 12 of article 4 of title 29; (XXII) Part 14 of article 12 of title 38; and (XXIII) Section 24-34-806. (j) Shall have the powers, duties, and functions as are prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of this title 24; (k) May make rules, pursuant to section 24-4-103, as may be necessary to carry out the duties imposed upon him or her by law; (l) When required, shall prepare drafts for contracts, forms, and other writings that may be required for the use of the state; and functions as are prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of this title 24; (k) May make rules, pursuant to section 24-4-103, as may be necessary to carry out the duties imposed upon him or her by law; (l) When required, shall prepare drafts for contracts, forms, and other writings that may be required for the use of the state; (m) Upon request of any employee in the state personnel system, shall represent such employee in any civil action or administrative proceeding instituted against such employee, either in the employee's official or individual capacity if the action or proceeding arises out of performance of the employee's official duties as determined by the attorney general and if the action or proceeding has not been brought by the state personnel director or the appointing authority of the employee seeking dismissal or other disciplinary action; except that the attorney general shall not represent any such employee in an action brought under section 24-50.5-105; (n) Shall, pursuant to section 24-30-1507, represent expert witnesses and consultants described in section 24-30-1510 (3)(h); (o) Shall keep in proper books a record of all official opinions and a register of all actions prosecuted or defended by him or her and of all proceedings had in relation thereto and the status of pending matters in his or her office, which books or registers the attorney general shall deliver to his or her successor. Publication of opinions or other material circulated in quantity outside the executive branch must be issued in accordance with section 24-1-136. (p) May bring a civil action to enforce section 24-31-113; (q) May bring a civil action to enforce section 24-31-307 (2) or a criminal action to enforce section 24-31-307 (3); (r) May enter into interagency agreements pursuant to section 6-1-116 (4); (s) May bring or intervene in a civil action, conduct investigations, and issue civil investigation demands pursuant to the "Colorado False Claims Act", part 12 of this article 31; (t) May bring a civil action to enforce section 25-7-144; (u) May, if the attorney general has reason to believe that a violation of a statute or rule is causing an imminent and substantive endangerment to the public health, water quality, or environment within a mobile home park, request a temporary restraining order, preliminary injunction, permanent injunction, or any other relief necessary to protect the public health, water quality, or environment; (v) May expend money, manage staff, and perform other administrative functions essential for the operation of a district attorney's office when appointed by executive order of the governor; and (w) May conduct jail assessments in collaboration with the jail standards advisory committee, created pursuant to section 30-10-530, pursuant to section 24-31-118. (2) The general assembly hereby recognizes and reaffirms that the attorney general has all powers conferred by statute and by common law in accordance with section 2-4-211 regarding all trusts established for charitable, educational, religious, or benevolent purposes. (3) and (4) Repealed.

C.R.S. § 24-31-102 Offices, boards, and divisions

24-31-102. Offices, boards, and divisions. (1) The department of law, the chief executive officer of which is the attorney general, includes the following: (a) The office of the attorney general; (b) The office of the solicitor general; (c) The division of consumer protection; (d) The division of criminal justice; (e) The division of civil protections and rights; (f) The administrator of the uniform consumer credit code, created in section 5-6-103; (g) The medicaid fraud control unit, created in section 24-31-802; (h) The peace officers standards and training board, created in section 24-31-302; (i) The financial empowerment office, created in part 11 of this article 31; (j) The fair housing unit; (k) The worker and employee protection unit, created in part 13 of this article 31; and (l) Notwithstanding section 24-1-107, any other division, office, or unit established by the attorney general or by law. (2) The division of criminal justice, established under this section, or any attorney in the department authorized by the attorney general, shall prosecute all criminal cases for the attorney general and shall perform other functions as may be required by the attorney general. The attorney general shall appoint a deputy attorney general as chief of the division, who must be a licensed attorney with a minimum of two years of criminal experience as a trial or appellate prosecutor.

C.R.S. § 24-31-103 Chief deputy attorney general - powers

24-31-103. Chief deputy attorney general - powers. The attorney general shall appoint a chief deputy attorney general, who has the authority to act for the attorney general in all matters except in respect to such duties as devolve upon the attorney general by virtue of the state constitution.

C.R.S. § 24-31-103.5 Solicitor general - creation - powers

24-31-103.5. Solicitor general - creation - powers. (1) The attorney general shall appoint a solicitor general, who has the authority to represent the state in matters before the courts under the attorney general's supervision. The solicitor general must be an attorney-at-law in good standing, and must have been an active and licensed attorney in Colorado for at least five years preceding his or her appointment by the attorney general. (2) The solicitor general, with the consent of the attorney general, may appoint assistant solicitors general as deemed necessary by the solicitor general.

C.R.S. § 24-31-104 Appointment of subordinate officers and employees

24-31-104. Appointment of subordinate officers and employees. (Repealed)

C.R.S. § 24-31-104.5 Funding for insurance fraud investigations and prosecutions - creation of fund

24-31-104.5. Funding for insurance fraud investigations and prosecutions - creation of fund. (1) (a) For the purpose of providing adequate funds to the Colorado department of law for the investigation and prosecution of allegations of insurance fraud, in addition to any other fee collected pursuant to section 10-3-207 (1), C.R.S., each entity regulated by the division of insurance shall pay to the division a nonrefundable annual fee. Based upon the appropriations made to the department of law from the insurance fraud cash fund and the recommendation of the attorney general, the commissioner of insurance shall set the fee so that the revenue generated from the fee approximates the direct and indirect costs of the investigation and prosecution of allegations of insurance fraud. The fee shall not exceed three thousand dollars and is payable on or before March 1 of each year. (b) The commissioner of insurance shall establish a tiered fee schedule that sets the annual fee required by paragraph (a) of this subsection (1) based upon the prior year's direct written premiums, gross contract funds, or charges received in Colorado by each regulated entity. The regulated entities with direct written premiums, gross contract funds, or charges received in Colorado in excess of one million dollars shall pay one fee, and the regulated entities with one million dollars or less shall pay a lesser fee. (2) The division of insurance shall transmit fees collected pursuant to subsection (1) of this section to the state treasurer for deposit in the insurance fraud cash fund, which fund is hereby created in the state treasury. The fund consists of fees collected pursuant to this section and any other moneys deposited into the fund. Interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. The moneys in the fund are subject to annual appropriation by the general assembly to the department of law for use in investigating and prosecuting allegations of insurance fraud. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year remain in the fund and do not revert to the general fund. (3) Repealed.

C.R.S. § 24-31-105 Criminal enforcement section

24-31-105. Criminal enforcement section. (Repealed)

C.R.S. § 24-31-106 Rights of crime victims - victims' services coordinator

24-31-106. Rights of crime victims - victims' services coordinator. (1) To ensure that the constitutional and statutory rights of victims are preserved in criminal cases being prosecuted or defended by the department, the attorney general may appoint, in accordance with section 13 of article XII of the state constitution, a victims' services coordinator. (2) The victims' services coordinator shall perform such services as designated by the attorney general to ensure that victims of crime are afforded the rights described in section 24-4.1-302.5 with regard to criminal cases being prosecuted or defended by the department. (3) The attorney general may further direct the victims' services coordinator to provide appropriate services to the victims of crime, as defined by section 18-1-104 (1), whose cases are being handled on appeal by the department. (4) The position of victims' services coordinator is subject to the state personnel system and shall be properly classified under the state personnel director's classification system.

C.R.S. § 24-31-107 Applications for licenses - authority to suspend licenses - rules

24-31-107. Applications for licenses - authority to suspend licenses - rules. (1) Every application by an individual for a license issued by the department of law or any authorized agent of such department shall require the applicant's name, address, and social security number. (2) The department of law or any authorized agent of the department shall deny, suspend, or revoke any license pursuant to the provisions of section 26-13-126, C.R.S., and any rules promulgated in furtherance thereof, if the department or agent thereof receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of the department of law, rules promulgated by the state board of human services, and any memorandum of understanding entered into between the department of law or an authorized agent thereof and the state child support enforcement agency for the implementation of this section and section 26-13-126, C.R.S. (3) (a) The department of law shall enter into a memorandum of understanding with the state child support enforcement agency, which memorandum shall identify the relative responsibilities of the department of law and the state child support enforcement agency in the department of human services with respect to the implementation of this section and section 26-13-126, C.R.S. (b) The appropriate rule-making body of the department of law is authorized to promulgate rules to implement the provisions of this section. (4) For purposes of this section, "license" means any recognition, authority, or permission that the department of law or any authorized agent of such department is authorized by law to issue for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. "License" may include, but is not necessarily limited to, any license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in any recreational activity.

C.R.S. § 24-31-108 Receipt of money - subject to appropriation - exception for custodial money - legal services cash fund - creation - definition - repeal

24-31-108. Receipt of money - subject to appropriation - exception for custodial money - legal services cash fund - creation - definition - repeal. (1) Any money received by the attorney general belonging to the state or received by the attorney general in his or her official capacity must be paid as soon as practicable to the department of the treasury and, generally, the attorney general has such legal duties in regard to the activities of the state and its various departments, boards, commissions, bureaus, and agencies as are imposed by law. (2) (a) Except as otherwise provided in this section, any money received by the attorney general and paid to the department of the treasury pursuant to subsection (1) of this section is subject to annual appropriation by the general assembly. (b) The department may solicit, accept, and expend gifts, grants, and donations from public and private sources for the purpose of this article 31; except that the department may not accept a gift, grant, or donation that is subject to conditions inconsistent with this article 31 or any other law of the state. The department shall transmit all money it collects pursuant to this subsection (2)(b) to the state treasurer to be credited to the particular fund the department deems most appropriate. Gifts, grants, or donations that are credited to a fund under this subsection (2)(b) and that qualify as state money are continuously appropriated to the department for the purposes of this article 31. (3) Any money received by the attorney general as an award of attorney fees or costs that is not custodial money must be placed in a separate attorney fees and costs account and is subject to annual appropriation by the general assembly for legal services provided by the department. (4) There is hereby created in the state treasury the legal services cash fund, also referred to in this subsection (4) as the "fund". The department shall transmit all money received from state agencies as payment for legal services to the state treasurer, who shall credit the same to the fund. The money in the fund and all interest earned on such money is subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with providing legal services to state governmental entities and for any of the department's litigation expenses. Any unexpended money in the fund at the end of the fiscal year remains in the fund and shall not be credited or transferred to any other fund. (4.5) (a) Notwithstanding any provision of law that requires the state treasurer to transfer money from the fund to the capital construction fund created in section 24-75-302 (1) or to any other fund, the state treasurer shall not make any such transfer if the joint budget committee notifies the state treasurer before the date on which the transfer is required to be made not to make the transfer after the attorney general notifies and certifies in writing to the joint budget committee of the general assembly that the transfer: (I) Is not compliant with federal and state laws governing the money to be transferred; (II) Is legally preempted by state constitutional restrictions, including but not limited to the limitation set forth in section 18 of article X of the state constitution, or a federal law governing the money to be transferred; or (III) Unlawfully transfers money in a manner that may terminate the qualification as an enterprise of any enterprise lawfully enacted under section 20 of article X of the state constitution. ted by state constitutional restrictions, including but not limited to the limitation set forth in section 18 of article X of the state constitution, or a federal law governing the money to be transferred; or (III) Unlawfully transfers money in a manner that may terminate the qualification as an enterprise of any enterprise lawfully enacted under section 20 of article X of the state constitution. (b) This subsection (4.5) is repealed, effective July 1, 2025. (5) If all or a portion of any money received by the attorney general and paid to the department of the treasury pursuant to subsection (2) of this section is custodial money, the attorney general shall direct the state treasurer in writing to place such custodial money in a separate account. Any custodial money placed in a separate account pursuant to this subsection (5) is not subject to annual appropriation by the general assembly. A copy of the written direction to the state treasurer must be delivered to the joint budget committee. Such written direction must set forth the basis for the attorney general's determination that the money is custodial money and must specify the manner in which the money will be expended. Such written direction must be given to the state treasurer within thirty days after the date the money is paid to the department of the treasury. Any custodial money placed in a separate account pursuant to this subsection (5) must be expended only for the purposes for which the money has been provided. The department shall provide with its annual budget request an accounting of how custodial money has been or will be expended. For informational purposes, the expenditure of such money may be indicated in the annual general appropriation act. (6) (a) As used in this section, unless the context otherwise requires, "custodial money" means money received by the attorney general: (I) That originated from a source other than the state of Colorado; (II) That is awarded or otherwise provided to the state for a particular purpose; (III) For which the state is acting as a custodian or trustee to carry out the particular purpose for which the money has been provided. (b) Notwithstanding subsection (6)(a) of this section, "custodial money" does not include the following: (I) Money in the tobacco litigation settlement cash fund created in section 24-22-115; or (II) Tobacco litigation settlement money subject to appropriation or expenditure pursuant to section 24-22-115.6.

C.R.S. § 24-31-108.5 Use of funds for unanticipated legal needs

24-31-108.5. Use of funds for unanticipated legal needs. The department may use money appropriated to the department for litigation management to address unanticipated state legal needs that arise during the state fiscal year for which the money is appropriated; except that the department shall not use the money reallocated in accordance with this section for any type of salary increase, promotion, reclassification, or bonus related to any present or future department employee, or to offset present or future personal services deficits in any division in the department.

C.R.S. § 24-31-109 Attorney general to provide identification cards to retired peace officers upon request - definitions

24-31-109. Attorney general to provide identification cards to retired peace officers upon request - definitions. (Repealed)

C.R.S. § 24-31-110 Department of law - investigate prescription insulin drug pricing - report - repeal

24-31-110. Department of law - investigate prescription insulin drug pricing - report - repeal. (Repealed)

C.R.S. § 24-31-111 Legal services to state agencies - definitions

24-31-111. Legal services to state agencies - definitions. (1) The attorney general shall provide legal services for each state agency as provided in section 24-31-101. The attorney general shall assign one or more deputy attorneys general or assistant attorneys general to perform legal services for each state agency requiring such services. (2) No state agency shall appoint, solicit, or employ any person to perform legal services except in accordance with this part 1. (3) Legal services provided to state agencies are subject to supervision of the attorney general and must be rendered in accordance with the legal policies of the state as determined by the attorney general. (4) No assistant solicitor general, deputy attorney general, or assistant attorney general may appear in any court of this state or of the United States on behalf of a state agency unless specifically authorized to so appear by the attorney general. (5) Whenever the attorney general is unable, has failed, or refuses to provide legal services to a state agency, as determined by the governor if the agency is in the executive branch, or by the chief justice if the agency is in the judicial branch, or by the state auditor if the agency is the office of the state auditor, the agency may employ counsel of its choosing to provide such legal services. Any expense incurred due to the employment of counsel pursuant to this subsection (5) is a lawful charge against appropriations for this purpose made by the general assembly to the department of law. (6) As used in this section: (a) "Legal services" means providing legal counsel by an attorney-at-law for a state agency, including representation in court, providing legal advice, and issuance of formal and informal legal opinions. (b) "State agency" means any department, division, section, unit, office, officer, commission, board, institution, institution of higher education, or other agency of the executive department and judicial department of state government. "State agency" does not mean the legislative department except for the state auditor in accordance with section 2-3-104.5.

C.R.S. § 24-31-112 No limitations on common law authority

24-31-112. No limitations on common law authority. Nothing in Senate Bill 20-063, enacted in 2020, is to be construed as affecting, limiting, or supplanting the common law authority of the attorney general or the department of law.

C.R.S. § 24-31-113 Public integrity - patterns and practices

24-31-113. Public integrity - patterns and practices. It is unlawful for any governmental authority, or any agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by peace officers or by officials or employees of any governmental agency that deprives persons of rights, privileges, or immunities secured or protected by the constitution or laws of the United States or the state of Colorado. Whenever the attorney general has reasonable cause to believe that a violation of this section has occurred, the attorney general, for or in the name of the state of Colorado, may in a civil action obtain any and all appropriate relief to eliminate the pattern or practice. Before filing suit, the attorney general shall notify the government authority or any agent thereof, and provide it with the factual basis that supports his or her reasonable cause to believe a violation occurred. Upon receipt of the factual basis, the government authority, or any agent thereof, has sixty days to change or eliminate the identified pattern or practice. If the identified pattern or practice is not changed and permanently eliminated after sixty days, the attorney general may file a civil lawsuit. The attorney general may issue subpoenas for any purpose in conducting an investigation under this section.

C.R.S. § 24-31-114 No-knock and forced entry study group - repeal

24-31-114. No-knock and forced entry study group - repeal. (Repealed)

C.R.S. § 24-31-115 Housing unit - powers of attorney general or district attorney - subpoenas - document production - remedies - injunctive relief - penalties

24-31-115. Housing unit - powers of attorney general or district attorney - subpoenas - document production - remedies - injunctive relief - penalties. (1) When there is reason to believe that there is a potential violation of law that risks harm to a consumer, public health, or public safety, that is based on a substantiated complaint, the attorney general may investigate any person or organization subject to this article 31. A complaint is not necessary if the information is provided by an agency of the federal, state, or a local government that regulates or provides protections for consumers, tenants, and mobile home residents. The attorney general may direct or subpoena any person whose testimony may be required about potential violations of law and may direct or subpoena the person to produce records the attorney general considers relevant to the inquiry. Nothing in this section limits the scope of the attorney general's authority to review and investigate potential violations of law or harm discovered in the course of an investigation. (2) Nothing in this section impacts or affects banking examinations and regulations promulgated by primary federal and state banking authorities, notwithstanding the authority that may be exercised by the attorney general under section 11-51-603.5. (3) Venue for actions. Until the Colorado supreme court adopts a venue provision relating to this article 31, actions instituted pursuant to this article 31 may be brought in any county in which: (a) An alleged violation occurred or in which any portion of a transaction involving an alleged violation occurred; (b) The principal place of business of any defendant is located; or (c) Any defendant resides. (4) Powers. (a) When the attorney general has reasonable cause to believe that any person, whether in this state or elsewhere, has engaged in or is engaging in a violation of any of the provisions listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV), the attorney general may: (I) Request the person to file a statement or a report in writing, under oath or otherwise, on forms prescribed by the attorney general, with respect to all facts and circumstances concerning the advertisement of property by the person and any other data and information the attorney general deems necessary; (II) Examine under oath any person in connection with the sale or advertisement of any property; (III) Examine any property or sample thereof, record, book, document, account, or paper the attorney general deems necessary; and (IV) Make true copies, at the expense of the attorney general, of any record, book, document, account, or paper examined pursuant to subsection (4)(c) of this section, which copies may be offered into evidence in lieu of producing the originals in any actions brought by the attorney general. (b) For purposes of this section, "reasonable cause" is based upon a complaint concerning a potential violation of the law when the attorney general believes the alleged violation may affect more than one person or be part of a series of related violations affecting multiple persons. (c) Any request for personally identifiable information made pursuant to this subsection (4) is subject to the requirements of subsection (5) of this section. (5) Subpoenas - production of documents. (a) When the attorney general has reasonable cause to believe that a person, whether in this state or elsewhere, has engaged in or is engaging in a violation of any of the provisions listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV), the attorney general, in addition to any other powers conferred upon the attorney general by this article 31, may issue subpoenas to require the attendance of witnesses or the production of documents, administer oaths, conduct hearings in aid of any investigation or inquiry, and prescribe such forms and promulgate such rules as may be necessary to administer the provisions of this article 31. IV), the attorney general, in addition to any other powers conferred upon the attorney general by this article 31, may issue subpoenas to require the attendance of witnesses or the production of documents, administer oaths, conduct hearings in aid of any investigation or inquiry, and prescribe such forms and promulgate such rules as may be necessary to administer the provisions of this article 31. (b) Service of any notice or subpoena must be made in the manner prescribed by law or as provided in rule 4 of the Colorado rules of civil procedure. (c) If the records of a person who has been issued a subpoena are located outside this state, the person shall either: (I) Make them available to the attorney general at a convenient location within this state; or (II) Pay the reasonable and necessary expenses for the attorney general or district attorney, or the attorney general's or district attorney's designee, to examine the records at the location at which the documents are maintained. (d) The attorney general or district attorney may designate representatives, including comparable officials of the state in which the records are located, to inspect the records on behalf of the attorney general or district attorney. (6) Inadmissible testimony. (a) Any testimony obtained by the attorney general pursuant to compulsory process under this article 31 or any information derived directly or indirectly from such testimony shall not be admissible in evidence in any criminal prosecution against the person so compelled to testify. This subsection (6) shall not be construed to prevent any law enforcement officer from independently producing or obtaining the same or similar facts, information, or evidence for use in any criminal prosecution. (b) Subject to subsection (8) of this section, the records of investigations or intelligence information of the attorney general obtained under this article 31 may constitute public records available for inspection by the public at the sole discretion of the attorney general. This subsection (6)(b) shall not be construed to prevent the attorney general from issuing public statements describing or warning of any course of conduct or any conspiracy that constitutes a violation of any of the provisions listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV), whether on a local, statewide, regional, or nationwide basis. (7) Remedies. If any person fails to cooperate with any investigation pursuant to this article 31 or fails to obey any subpoena pursuant to this article 31, the attorney general may apply to the applicable district court for an appropriate order to effect the purposes of this article. The application must state that there are reasonable grounds to believe that the order applied for is necessary to investigate a violation of this article 31. If the court is satisfied that reasonable grounds exist, the court in its order may: (a) Grant injunctive relief restraining the advertisement of any property by such person; (b) Require the attendance of or the production of documents by such person, or both; or te that there are reasonable grounds to believe that the order applied for is necessary to investigate a violation of this article 31. If the court is satisfied that reasonable grounds exist, the court in its order may: (a) Grant injunctive relief restraining the advertisement of any property by such person; (b) Require the attendance of or the production of documents by such person, or both; or (c) Grant such other or further relief as may be necessary to obtain compliance by such person. (8) Injunctive authority - assurances of discontinuance. (a) Whenever the attorney general has cause to believe that a person has engaged in or is engaging in a violation of any of the provisions listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV), the attorney general may apply for and obtain, in an action in the appropriate district court of this state, a temporary restraining order or injunction, or both, pursuant to the Colorado rules of civil procedure, prohibiting the person from continuing or engaging in such practices, or doing any act in furtherance of such practices. The court may make such orders or judgments as is necessary to: (I) Prevent the use or employment by such person of any such practices; (II) Completely compensate or restore the original position of any person injured by means of any such practice; or (III) Prevent any unjust enrichment by any person through the use or employment of any practice that is in violation of any of the provisions listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV). (b) Where the attorney general has authority to institute a civil action or other proceeding pursuant to the provisions of this article, the attorney general may accept, in lieu thereof or as a part thereof, an assurance of discontinuance of any practice that constitutes a violation of any of the provisions that are listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV). Any such assurance of discontinuance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation and the costs of any action or proceeding by the attorney general or a district attorney and any amount necessary to restore to any person any money or property that may have been acquired by the alleged violator by means of a violation of any of the provisions that are listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV). Any such assurance or discontinuance accepted by the attorney general and any such stipulation filed with the court as a part of any such action or proceeding is a matter of public record unless the attorney general determines, in the attorney general's sole discretion, that the assurance of discontinuance and any stipulation are confidential to the parties to the action or proceeding and to the court and its employees. Upon the filing of a civil action by the attorney general alleging that a confidential assurance of discontinuance or stipulation accepted pursuant to this subsection (8)(b) has been violated, the assurance of discontinuance or stipulation is deemed a public record and open to inspection by any person. Proof by a preponderance of the evidence of a violation of any such assurance or stipulation constitutes prima facie evidence of a deceptive trade practice for the purposes of any civil action or proceeding brought thereafter by the attorney general, whether a new action or a subsequent motion or petition in any pending action or proceeding. ed a public record and open to inspection by any person. Proof by a preponderance of the evidence of a violation of any such assurance or stipulation constitutes prima facie evidence of a deceptive trade practice for the purposes of any civil action or proceeding brought thereafter by the attorney general, whether a new action or a subsequent motion or petition in any pending action or proceeding. (9) Penalties. In order to enforce the provisions of this article 31, in addition to any penalties stated in this article 31, the attorney general may seek any of the penalties or other enforcement mechanisms specified in the "Immigrant Tenant Protection Act", part 12 of article 12 of title 38; the "Mobile Home Park Act", part 2 of article 12 of title 38; the "Mobile Home Park Act Dispute Resolution and Enforcement Program", part 11 of article 12 of title 38; part 1 of article 12 of title 38; part 7 of article 12 of title 38; and section 38-12-904 (1)(b), along with costs to enforce these provisions. (10) Limitations. All actions brought under this article 31 must be commenced within three years after the date on which a violation occurred or the date on which the last in a series of such acts or practices occurred or within three years after the consumer discovered or in the exercise of reasonable diligence should have discovered the violation. The period of limitation provided in this section may be extended for a period of one year if the attorney general proves that failure to timely commence the action was caused by the defendant engaging in conduct calculated to induce the attorney general to refrain from or postpone the commencement of the action.

C.R.S. § 24-31-116 Online fentanyl trafficking - study - report - appropriation - repeal

24-31-116. Online fentanyl trafficking - study - report - appropriation - repeal. (Repealed)

C.R.S. § 24-31-117 Hiring committee when attorney general to operate district attorney's office due to a vacancy

24-31-117. Hiring committee when attorney general to operate district attorney's office due to a vacancy. If, during the course of performing the attorney general's duties pursuant to section 24-31-101 (1)(v), it is essential for the attorney general to hire personnel at the district attorney's office, the attorney general shall establish a hiring committee consisting of the attorney general, a representative from the Colorado district attorneys' council, and the highest ranking attorney or official at the district attorney's office to make recommendations regarding hiring decisions. The committee may recommend that the hiring of personnel by the attorney general is conditional upon the review and approval of the person appointed to fill the vacant district attorney position. The attorney general retains the ultimate authority regarding hiring decisions while acting pursuant to section 24-31-101 (1)(v) but must consider the recommendations of the committee in making hiring decisions.

C.R.S. § 24-31-118 Jail standard assessments - repeal

24-31-118. Jail standard assessments - repeal. (1) (a) The attorney general, in collaboration with the advisory committee, pursuant to section 30-10-530 (5)(d), may conduct assessments of each county jail to identify gaps and deficiencies based on the jail standards. (b) Starting July 1, 2025, the governor or the oversight committee may make a written request to the attorney general to conduct a special assessment of a jail, and the attorney general may conduct the special assessment of the jail. (c) An elected sheriff may request that the attorney general conduct a special assessment of a jail that the sheriff oversees to determine whether the jail meets the jail standards. The attorney general may conduct the special assessment if the attorney general has sufficient appropriations to cover the costs. The attorney general may request an appropriation during the figure setting process to conduct special assessments. (d) The attorney general may enter into a memorandum of understanding, collaborate, or enter into an agreement with a county sheriff, except for a county sheriff whose jail is being evaluated, or establish some other peer review group structure to assist in conducting the assessments and reports described in section 24-31-118 (1) and (2). (2) The attorney general's office shall create a report for each of the jails assessed by the attorney general's office and provide the report to the sheriff whose jail was assessed, the oversight committee, the board of county commissioners in the county where the jail is located, the county sheriffs of Colorado, and the governor. The report may include methodology, relevant data, recommendations, and technical assistance to meet the jail standards. A report produced pursuant to this section is not subject to the Colorado open records act. The attorney general may release a report at the attorney general's discretion, and a county sheriff may release a report relating to the county sheriff's jail after consent from the attorney general's office. (3) Following a jail assessment or special assessment, the attorney general may provide technical assistance and recommendations to meet the jail standards and address any deficiencies. (4) (a) The attorney general's office, during its "SMART Act" hearing, as required by section 2-7-203, shall include in its report the total number of complaints received through the complaint process as designated by the attorney general's office regarding jail standards violations and the number of complaints received per topic and provide a summary of the assessments and special assessments completed in the previous year. (b) This subsection (4) is repealed, effective September 1, 2033. (5) Sections 2-3-1901, 2-3-1901.5, 24-31-118, and 30-10-530 do not in any way limit or restrict the attorney general's authority to investigate patterns or practices pursuant to section 24-31-113, including but not limited to any noncompliance with jail standards that constitutes a pattern or practice of conduct that deprives persons of rights, privileges, or immunities secured or protected by the constitution or laws of the United States or the state of Colorado. (6) As used in this section: (a) "Advisory committee" means the jail standards advisory committee created pursuant to section 30-10-530. (b) "Jail standards" means the jail standards adopted by the legislative oversight committee concerning Colorado jail standards pursuant to section 2-3-1901 (2) and any subsequent revisions to the standards. (c) "Oversight committee" means the legislative oversight committee for Colorado jail standards created in section 2-3-1901.

C.R.S. § 24-31-119 Factually inaccurate data prevention campaign - repeal

24-31-119. Factually inaccurate data prevention campaign - repeal. (1) To prevent and combat the sharing and spreading of factually inaccurate data, the attorney general shall, at a minimum: (a) Establish an initiative to encourage respectful engagement and discourse; (b) Develop and share resources that can be used by schools, organizations, and community leaders to facilitate productive and honest conversations regarding statewide and national issues to help people find common ground; and (c) Collaborate with organizations across the state to develop and update the materials that are used in connection with the resources and coordinate with the department of education to make the resources available to schools and school districts in the state. (2) This section is repealed, effective July 1, 2026.

C.R.S. § 24-31-301 Definitions

24-31-301. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Applicant" means any person seeking certification to serve as a peace officer or a reserve peace officer. (1.5) "Basic training" means the basic law enforcement training received by a peace officer at any approved law enforcement training academy. (2) "Certification" means the issuance to an applicant of a signed instrument evidencing that such applicant has met the requirements imposed by this part 3 and the P.O.S.T. board. Certification includes "basic certification" and "provisional certification" that shall be issued to peace officers, "reserve certification" that shall be issued to reserve peace officers, and such additional certifications as the board may approve for peace officers. (3) (Deleted by amendment, L. 94, p. 1725, § 3, effective May 31, 1994.) (3.5) Repealed. (4) "Local government representative" means a member of a board of county commissioners, member of a city or town council or board of trustees, or mayor of a city or town or city and county. (5) "Peace officer" means any person described in section 16-2.5-101, C.R.S., and who has not been convicted of a felony or convicted on or after July 1, 2001, of any misdemeanor as described in section 24-31-305 (1.5), or released or discharged from the armed forces of the United States under dishonorable conditions. (5.5) "Reserve peace officer" means any person described in section 16-2.5-110, C.R.S., and who has not been convicted of a felony or convicted on or after July 1, 2001, of any misdemeanor as described in section 24-31-305 (1.5), or released or discharged from the armed forces of the United States under dishonorable conditions. (6) "Training academy" means any school approved by the P.O.S.T. board where peace officers and reserve peace officers receive instruction and training. (7) "Training program" means a course of instruction approved by the P.O.S.T. board for peace officer or reserve peace officer certification and other peace officer training programs.

C.R.S. § 24-31-302 Creation of board

24-31-302. Creation of board. (1) There is hereby created, within the department of law, the peace officers standards and training board, referred to in this part 3 as the "P.O.S.T. board". (2) The P.O.S.T. board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of law. (3) (a) The P.O.S.T. board consists of twenty-four members. The chair of the P.O.S.T. board is the attorney general, and the board shall annually elect from its members a vice-chair. The other members shall be: (I) The special agent in charge of the Denver division of the federal bureau of investigation; (II) The executive director of the department of public safety or the executive director's designee; (III) The following members appointed by the governor for terms of three years: (A) One local government representative; (B) Six active chiefs of police from municipalities of this state or state institutions of higher education; (C) Six active sheriffs from counties of this state; (D) Three active peace officers with a rank of sergeant or below; and (E) Five non-law enforcement members. The non-law enforcement members shall complete a citizens' law enforcement academy prior to appointment or within one year after appointment. (b) If any chief of police, sheriff, peace officer, non-law enforcement member, or local government representative vacates such office during the term for which the member was appointed to the P.O.S.T. board, a vacancy on the board exists. Any vacancy shall be filled by appointment by the governor for the unexpired term. (c) In order to create a diversified board, the governor shall consider an applicant's age, gender, race, professional experience, and geographic location when making appointments to the board. (d) In order to create diversified subject matter expertise committees, the chair of the P.O.S.T. board shall consider an applicant's age, gender, race, professional experience, and geographic location when making appointments to the committees. (4) The members of the P.O.S.T. board shall receive no compensation for their services but may be reimbursed for actual and necessary expenses incurred in the performance of their official duties.

C.R.S. § 24-31-303 Duties - powers of the P.O.S.T. board - definition

24-31-303. Duties - powers of the P.O.S.T. board - definition. (1) The P.O.S.T. board has the following duties: (a) To approve and to revoke the approval of training programs and training academies, and to establish reasonable standards pertaining to such approval and revocation; (b) To conduct periodic evaluations of training programs and inspections of training academies; (c) To establish procedures for determining whether or not an applicant has met the standards which have been set; (d) To certify qualified applicants and withhold, suspend, or revoke certification; (e) To certify inspectors of vehicle identification numbers, promulgate rules deemed necessary by the board for certification of inspectors of vehicle identification numbers, and approve related training courses; (f) To require a background investigation of each applicant by means of fingerprint checks through the Colorado bureau of investigation and the federal bureau of investigation or such other means as the P.O.S.T. board deems necessary for such investigation; (g) To promulgate rules and regulations deemed necessary by such board for the certification of applicants to serve as peace officers or reserve peace officers in the state pursuant to the provisions of article 4 of this title; (h) To establish standards for training in bail recovery practices; (i) To promulgate rules and regulations that establish the criteria that shall be applied in determining whether to recommend peace officer status for a group or specific position as provided in section 16-2.5-201 (4), C.R.S.; (j) To establish standards for training of school resource officers, as described in section 24-31-312; (k) To establish training standards to prepare law enforcement officers to recognize and address incidents of abuse and exploitation of at-risk elders, as described in sections 18-6.5-102 (1) and (10), C.R.S.; (l) To promulgate rules deemed necessary by the board concerning annual in-service training requirements for certified peace officers, including but not limited to evaluation of the training program and processes to ensure substantial compliance by law enforcement agencies, departments, and individual peace officers; (m) In addition to all other powers conferred and imposed upon the board in this article, the board has the power and duty to adopt and promulgate, under the provisions of section 24-4-103, rules as the board may deem necessary or proper to carry out the provisions and purposes of this article, which rules must be fair, impartial, and nondiscriminatory; (n) To complete a review and evaluation of the basic academy curriculum, including using community outreach as a review and evaluation component, by July 1, 2016, and every five years thereafter; (o) (I) To establish, add, and remove, as necessary, subject matter expertise committees to: (A) Develop skills training programs, academic curriculums, and P.O.S.T. board rules; (B) Review documents for and approve or deny academy programs, lesson plans, training sites, and skills instructors; and (C) Assist P.O.S.T. board staff with academy inspections and skills test-outs; (II) (A) In order to create diversified subject matter expertise committees, the chair of the P.O.S.T. board shall consider an applicant's age, gender, race, professional experience, and geographic location when making appointments to the committees. (B) If available, each subject matter committee shall include at least two non-law enforcement members who have law enforcement expertise or expertise in providing effective training through professional experience or subject matter training. (p) To develop a community outreach program that informs the public of the role and duties of the P.O.S.T. board; (q) To develop a recruitment program that creates a diversified applicant pool for appointments to the P.O.S.T. board and the subject matter expertise committees; and nt expertise or expertise in providing effective training through professional experience or subject matter training. (p) To develop a community outreach program that informs the public of the role and duties of the P.O.S.T. board; (q) To develop a recruitment program that creates a diversified applicant pool for appointments to the P.O.S.T. board and the subject matter expertise committees; and (r) (I) Subject to available appropriations, beginning on January 1, 2022, to create and maintain a database, in a searchable format to be published on its website, containing information related to a peace officer's: (A) Untruthfulness; (B) Three or more failures to follow P.O.S.T. board training requirements within ten consecutive years; (C) Revocation of the certification by the P.O.S.T. board, including the basis for the revocation; (D) Termination for cause by the peace officer's employer unless the termination is overturned or reversed by an appellate process. A notation must be placed next to the officer's name during the pendency of any appellate process. (E) Resignation or retirement while under investigation by the peace officer's employing law enforcement agency, a district attorney, or the attorney general that could result in being entered into the database in this subsection (1)(r); (F) Resignation or retirement following an incident that leads to the opening of an investigation within six months following the peace officer's resignation or retirement that could result in being entered into the database in this subsection (1)(r); (G) Being the subject of a criminal investigation for a crime that could result in revocation or suspension of certification pursuant to section 24-31-305 or 24-31-904 or the filing of criminal charges for such a crime. The investigating law enforcement agency shall notify the P.O.S.T. board of the investigation or filing of criminal charges as soon as practicable, in a manner prescribed in P.O.S.T. board rule, so long as such notification is unlikely to disrupt or impede an investigation. (H) Actions as described by the applicable statutory provision identifying the basis for the credibility disclosure notification as set forth in section 16-2.5-502 (2)(c)(I). (II) Law enforcement agencies shall report to the P.O.S.T. board the information required in this subsection (1)(r) in a format determined by the P.O.S.T. board. Failure to submit such information is subject to a fine set in rule by the P.O.S.T. board. (III) For purposes of this subsection (1)(r), "untruthfulness" means a peace officer knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process. (IV) Termination for cause. (s) To collaborate with the commission on improving first responder interactions with persons with disabilities, in the manner described in part 10 of this article 31. (t) By January 1, 2022, to adopt procedures to allow a peace officer to seek review of the peace officer's status in the database created pursuant to subsection (1)(r) of this section based on the peace officer's presentation of new evidence to show the peace officer's record may be removed from the database. s with persons with disabilities, in the manner described in part 10 of this article 31. (t) By January 1, 2022, to adopt procedures to allow a peace officer to seek review of the peace officer's status in the database created pursuant to subsection (1)(r) of this section based on the peace officer's presentation of new evidence to show the peace officer's record may be removed from the database. (u) To develop a live virtual training program for peace officers on the implementation of section 19-2.5-203 (8) to ensure uniform enforcement of the law. The state shall provide this training on at least ten different dates prior to February 28, 2024. The state shall cover any reasonable direct costs to local law enforcement agencies associated with the training. Notwithstanding section 24-31-310 (3), the general assembly may appropriate money from the general fund to carry out the purposes of this subsection (1)(u). The training must include, at a minimum, education for peace officers on: (I) Understanding juvenile development and culture and their impact on interviews of juveniles and custodial interrogations of juveniles; (II) Interpreting juvenile behavior during an interview or custodial interrogation; (III) Techniques for building and establishing rapport with juveniles; (IV) Alternative communication methods for juveniles with intellectual and developmental disabilities, as required by the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended; (V) Constructing age-appropriate statements and questions for interviews of juveniles and custodial interrogations of juveniles; and (VI) Cautions and considerations for interviewing and interrogating juveniles in custody, including how to reduce the likelihood of false or coerced confessions. (2) (a) The P.O.S.T. board may charge the following fees, the proceeds of which may be used to support the certification of applicants pursuant to this part 3: (I) For the manuals or other materials that the board may publish in connection with its functions, an amount not to exceed twenty dollars per publication; and (II) For the administration of certification and skills examinations, an amount not to exceed one hundred fifty dollars per examination per applicant. (b) There is hereby created in the state treasury a P.O.S.T. board cash fund. The fees collected pursuant to paragraph (a) of this subsection (2) and pursuant to section 42-3-304 (24), C.R.S., shall be transmitted to the state treasurer who shall credit such revenue to the P.O.S.T. board cash fund. It is the intent of the general assembly that the fees collected shall cover all direct and indirect costs incurred pursuant to this section. In accordance with section 24-36-114, all interest derived from the deposit and investment of moneys in the P.O.S.T. board cash fund shall be credited to the general fund. All moneys in the P.O.S.T. board cash fund shall be subject to annual appropriation by the general assembly and shall be used for the purposes set forth in this subsection (2) and in section 24-31-310. At the end of any fiscal year, all unexpended and unencumbered moneys in the P.O.S.T. board cash fund shall remain in the fund and shall not revert to the general fund or any other fund. (3) The P.O.S.T. board may make grants to local governments, any college or university, or any nonprofit for the purpose of funding the training programs required by this section. (4) (Deleted by amendment, L. 98, p. 749, §2, effective May 22, 1998.) (5) It is unlawful for any person to serve as a peace officer, as described in section 16-2.5-102, C.R.S., or a reserve peace officer as defined in section 16-2.5-110, C.R.S., in this state unless such person: (a) Is certified pursuant to this part 3; and the purpose of funding the training programs required by this section. (4) (Deleted by amendment, L. 98, p. 749, §2, effective May 22, 1998.) (5) It is unlawful for any person to serve as a peace officer, as described in section 16-2.5-102, C.R.S., or a reserve peace officer as defined in section 16-2.5-110, C.R.S., in this state unless such person: (a) Is certified pursuant to this part 3; and (b) Has undergone both a physical and a psychological evaluation to determine such person's fitness to serve as a peace officer or a reserve peace officer. Such evaluations shall have been performed within one year prior to the date of appointment by a physician and either a psychologist or psychiatrist licensed by the state of Colorado. (6) Repealed.

C.R.S. § 24-31-304 Applicant for training - fingerprint-based criminal history record check

24-31-304. Applicant for training - fingerprint-based criminal history record check. (1) For purposes of this section, "training academy" means a basic or reserve peace officer training program approved by the P.O.S.T. board that is offered by a training academy, community college, college, or university. (2) A training academy shall not enroll as a student a person who has been convicted of an offense that would result in the denial of certification pursuant to section 24-31-305 (1.5). (3) (a) A person seeking to enroll in a training academy shall submit a set of fingerprints to the training academy prior to enrolling in the academy. The training academy shall forward the fingerprints to the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. Upon receipt of fingerprints and payment for the costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. The P.O.S.T. board is the authorized agency to receive information regarding the result of a national criminal history record check. The P.O.S.T. board shall notify the training academy if the fingerprint-based criminal history record check indicates that the person is prohibited from enrolling in the training academy pursuant to subsection (2) of this section. The person seeking to enroll in the training academy shall bear only the actual costs of the state and national fingerprint-based criminal history record check. (b) When the results of a fingerprint-based criminal history record check of a person seeking to enroll in a training academy performed pursuant to this section reveal a record of arrest without a disposition, the P.O.S.T. board shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). (4) (a) Notwithstanding the provisions of subsection (2) of this section and section 24-31-305 (1.5) to the contrary, if the person anticipates that he or she will be prohibited from enrolling in the training academy on the grounds that the person has been convicted on or after July 1, 2001, of one or more of the misdemeanors described in section 24-31-305 (1.5), the person may, at the time of applying for admission to the training academy, notify the P.O.S.T. board of the conviction or convictions and request the P.O.S.T. board to grant the person permission to enroll in the training academy. (b) The P.O.S.T. board shall promulgate rules deemed necessary by the board concerning the procedures for the granting of permission to enroll in a training academy pursuant to this subsection (4). The P.O.S.T. board, in promulgating the rules, shall take into consideration the procedures for the granting of exemptions to denials of certification and the withdrawal of denials of certification described in section 24-31-305 (1.6). The P.O.S.T. board, in promulgating the rules, may specify that an applicant for certification pursuant to section 24-31-305 need not submit a set of fingerprints at the time of applying for the certification if the applicant has already submitted a set of fingerprints pursuant to this section.

C.R.S. § 24-31-305 Certification - issuance - renewal - revocation - rules - definition

24-31-305. Certification - issuance - renewal - revocation - rules - definition. (1) (a) Basic peace officer certification requirements shall include: (I) Successful completion of a high school education or its equivalent; (II) Successful completion of basic training approved by the P.O.S.T. board; (III) Passage of examinations administered by the P.O.S.T. board; and (IV) Current first aid and cardiopulmonary resuscitation certificates or their equivalents. (b) The training required for basic certification may be obtained through a training program conducted by a training academy approved by the P.O.S.T. board or completion of requirements of another state, federal, or tribal jurisdiction having standards deemed at least equivalent to those established pursuant to this part 3. (c) Repealed. (1.3) Reserve peace officer certification requirements shall include: (a) Successful completion of a high school education or its equivalent; (b) Successful completion of reserve training approved by the P.O.S.T. board; and (c) Current first aid and cardiopulmonary resuscitation certificates or their equivalents. (1.5) (a) The P.O.S.T. board shall deny certification to any person who has been convicted of: (I) A felony; (II) Any misdemeanor in violation of sections 18-3-204, 18-3-402, 18-3-404, 18-3-405.5, and 18-3-412.5, C.R.S.; (III) Any misdemeanor in violation of sections 18-7-201, 18-7-202, 18-7-203, 18-7-204, 18-7-302, and 18-7-601, C.R.S.; (IV) Any misdemeanor in violation of any section of article 8 of title 18, C.R.S.; (V) Any misdemeanor in violation of sections 18-9-111 and 18-9-121, C.R.S.; (VI) Any misdemeanor in violation of sections 18-18-404, 18-18-405, 18-18-406, and 18-18-411, C.R.S.; (VII) Any misdemeanor in violation of section 18-6-403 (3)(b.5), C.R.S., as it existed prior to July 1, 2006; (VIII) Any misdemeanor in violation of federal law or the law of any state that is the equivalent of any of the offenses specified in subparagraphs (I) to (VII) of this subsection (1.5)(a); or (IX) Any local municipal ordinance that is the equivalent of any of the offenses specified in subparagraphs (I) to (VII) of this subsection (1.5)(a). (b) The P.O.S.T. board must deny certification to any person who entered into one of the following for a crime listed in paragraph (a) of this subsection (1.5) if the P.O.S.T. board determines that certification is not in the public interest: (I) A deferred judgment and sentencing agreement or deferred sentencing agreement, whether pending or successfully completed; (II) A deferred prosecution agreement, whether pending or successfully completed; or (III) A pretrial diversion agreement, whether pending or successfully completed. (1.6) (a) Notwithstanding the provisions of subsection (1.5) of this section, if an applicant anticipates prior to the denial of certification that he or she will be denied certification on the ground that the applicant has been convicted on or after July 1, 2001, of any misdemeanor or misdemeanors described in subsection (1.5) of this section, the applicant or the chief law enforcement officer of the agency, if any, employing such applicant may, at the time of the application for certification, notify the P.O.S.T. board of such conviction or convictions and request the board to grant the applicant an exemption from denial of certification. (b) Notwithstanding the provisions of subsection (1.5) of this section, if an applicant is denied certification on the ground that the applicant has been convicted on or after July 1, 2001, of any misdemeanor or misdemeanors described in subsection (1.5) of this section, the applicant or the chief law enforcement officer of the agency, if any, employing such applicant may, within thirty days after the effective date of denial, request that the P.O.S.T. board withdraw the denial of certification. rtification on the ground that the applicant has been convicted on or after July 1, 2001, of any misdemeanor or misdemeanors described in subsection (1.5) of this section, the applicant or the chief law enforcement officer of the agency, if any, employing such applicant may, within thirty days after the effective date of denial, request that the P.O.S.T. board withdraw the denial of certification. (c) The P.O.S.T. board shall promulgate rules and regulations deemed necessary by the board concerning the procedures for the granting of exemptions to denials of certification and the withdrawal of denials of certification under this subsection (1.6). (1.7) (a) Unless revoked or voluntarily surrendered, a basic certification or reserve certification issued pursuant to this part 3 is valid as long as the certificate holder is continuously serving as a peace officer or reserve peace officer. (b) If a basic or reserve certificate holder has not served as a peace officer or reserve peace officer for a total of at least six months during any consecutive three-year period, the certification automatically expires at the end of such three-year period, unless the certificate holder is then serving as a peace officer or reserve peace officer or had previously voluntarily surrendered his or her certificate. (c) The P.O.S.T. board may promulgate rules for the renewal of certification that expired pursuant to paragraph (b) of this subsection (1.7). (2) (a) A certification issued pursuant to subsection (1) or (1.3) of this section or section 24-31-308 shall be suspended or revoked by the P.O.S.T. board if the certificate holder has been convicted of a felony at any time, or has been convicted on or after July 1, 2001, of any misdemeanor or misdemeanors described in subsection (1.5) of this section, or has otherwise failed to meet the certification requirements established by the board. (b) (I) Notwithstanding the provisions of paragraph (a) of this subsection (2), if the certification of a certificate holder is revoked pursuant to paragraph (a) of this subsection (2) on the ground that the certificate holder has been convicted on or after July 1, 2001, of any misdemeanor or misdemeanors described in subsection (1.5) of this section, the certificate holder or the chief law enforcement officer of the agency, if any, employing such certificate holder may, within thirty days after the effective date of the revocation, request the P.O.S.T. board to reinstate the certification. (II) The P.O.S.T. board shall promulgate rules and regulations deemed necessary by the board concerning the procedures for the reinstatement of revocations of certification. (2.5) (a) Notwithstanding the provisions of subsection (2) of this section, the P.O.S.T. board shall revoke a certification issued to a person pursuant to subsection (1) or (1.3) of this section or section 24-31-308 if: (I) The law enforcement agency that employs or employed the certificate holder notifies the P.O.S.T. board that, on or after August 2, 2019, the certificate holder knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process; and (II) The law enforcement agency certifies that: (A) It completed an administrative process defined by a published policy of the law enforcement agency, which policy was in effect at the time that the alleged untruthful statement concerning a material fact or knowing omission of material fact occurred; an internal affairs investigation or administrative investigation and disciplinary process; and (II) The law enforcement agency certifies that: (A) It completed an administrative process defined by a published policy of the law enforcement agency, which policy was in effect at the time that the alleged untruthful statement concerning a material fact or knowing omission of material fact occurred; (B) Through that administrative investigation and disciplinary process, the law enforcement agency determined by a clear and convincing standard of the evidence that, on or after August 2, 2019, the certificate holder knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or comparable administrative investigation; and (C) The certificate holder has elected not to exercise, or has exhausted, the internal disciplinary appeal rights provided by the officer's employer; and (III) The certificate holder, after receiving the notice from the P.O.S.T. board described in subsection (2.5)(e) of this section, either does not request a hearing, or requests a hearing and the hearing officer has determined, after conducting the hearing pursuant to the rules of the P.O.S.T. board and in compliance with sections 24-4-104 and 24-4-105, that the certificate holder knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process. (b) A law enforcement agency that makes a determination described in subsection (2.5)(a)(II) of this section shall report such fact to the P.O.S.T. board on a form that is prescribed by the P.O.S.T. board. The form must require the official submitting the form to attest, under penalty of perjury, that, to the best of the official's knowledge and belief, the statements on the form are true, correct, and complete, and that any false statement, misstatement, or inaccuracy may result in revocation of the official's certification as well as criminal prosecution. (c) If a certificate holder who is the subject of an investigation described in subsection (2.5)(a)(II) of this section resigns or refuses to cooperate in the investigation, the investigating law enforcement agency shall complete the investigation with or without the subject's participation. If the results of the investigation demonstrate by a clear and convincing standard of the evidence that, on or after August 2, 2019, the certificate holder knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process, the law enforcement agency shall notify the P.O.S.T. board and request revocation of the certificate holder's certification on a form prescribed by the P.O.S.T. board. (d) The records of any law enforcement agency that are submitted for review by the P.O.S.T. board for the purposes of this subsection (2.5) remain the property of the reporting law enforcement agency and are not subject to public release by the P.O.S.T. board. (e) Upon receipt of the form from a law enforcement agency pursuant to subsection (2.5)(b) of this section, the P.O.S.T. board shall notify the certificate holder of the certificate holder's right to request a show cause hearing pursuant to the rules of the P.O.S.T. board and in compliance with sections 24-4-104 and 24-4-105. ent agency and are not subject to public release by the P.O.S.T. board. (e) Upon receipt of the form from a law enforcement agency pursuant to subsection (2.5)(b) of this section, the P.O.S.T. board shall notify the certificate holder of the certificate holder's right to request a show cause hearing pursuant to the rules of the P.O.S.T. board and in compliance with sections 24-4-104 and 24-4-105. (f) A person who has had his or her P.O.S.T. certification revoked pursuant to this subsection (2.5) may appeal the decision to the full P.O.S.T. board pursuant to the rules of the P.O.S.T. board and section 24-4-105, and may seek judicial review pursuant to the provisions of section 24-4-106. (g) If a certificate holder's certificate is revoked pursuant to this section and a court of record subsequently reverses or vacates the finding that, on or after August 2, 2019, the certificate holder knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process, the certificate holder may request reinstatement of his or her certificate by providing documentation of the court's ruling to the P.O.S.T. board within forty-five days after the court's ruling. (h) If a law enforcement agency is notified that a peace officer who is employed or who was employed by the agency is alleged to have knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process, on or after August 2, 2019, the agency employing the peace officer, or the last law enforcement agency to employ the peace officer, shall investigate the allegation unless the accused peace officer has not been employed by the agency for at least six months preceding the date upon which the agency is notified of the allegation, in which case the agency may investigate the allegation. (i) Nothing in this section prohibits the lawful use of deception or omission of facts by a peace officer while he or she is conducting an investigation of criminal activity. (j) For the purposes of this subsection (2.5), "administrative investigation and disciplinary process" means an employer's formal process of internal control that assures that an allegation of violation of employer rules, policy, procedure, or other misconduct or improper actions by an employee are subject to a complete and objective investigation resulting in findings of fact and disciplinary action for any substantiated violation. (k) The P.O.S.T. board may promulgate rules for the implementation of this subsection (2.5). (2.7) The P.O.S.T. board may revoke the certification of a peace officer who fails to satisfactorily complete peace officer training required by the P.O.S.T. board. Prior to revoking the peace officer's certification, the P.O.S.T. board shall notify the peace officer of his or her failure to complete the training required by the P.O.S.T. board and give the peace officer thirty calendar days to satisfactorily complete the peace officer training required by the P.O.S.T. board. (3) Certification shall not vest tenure or related rights. The policies, if any, of the employing agency shall govern such rights. Additional certification reflecting higher levels of proficiency may, at the discretion of the employing agency, be required in hiring, retaining, or promoting peace officers. r days to satisfactorily complete the peace officer training required by the P.O.S.T. board. (3) Certification shall not vest tenure or related rights. The policies, if any, of the employing agency shall govern such rights. Additional certification reflecting higher levels of proficiency may, at the discretion of the employing agency, be required in hiring, retaining, or promoting peace officers. (4) The P.O.S.T. board may grant variances from the requirements of this section to any individual, including any individual called to active duty by the armed forces of the United States, if strict application thereof would result in practical difficulty or unnecessary hardship and where the variance would not conflict with the basic purposes and policies of this part 3. The P.O.S.T. board shall promulgate rules regarding the procedure for applying for and granting variances pursuant to this subsection (4). (5) If a law enforcement agency hires a new employee, appoints a new employee, or transfers an existing employee to a position requiring P.O.S.T. certification, prior to such hire, appointment, or transfer the law enforcement agency shall determine if the person has a record contained in the database created in section 24-31-303 (1)(r). If the person is listed in the database and the law enforcement agency proceeds to employ the person in a position requiring P.O.S.T. certification, the agency shall notify the P.O.S.T. board of the hire, appointment, or transfer in a format determined by the P.O.S.T. board.

C.R.S. § 24-31-306 Qualifications for peace officers

24-31-306. Qualifications for peace officers. (Repealed)

C.R.S. § 24-31-307 Enforcement

24-31-307. Enforcement. (1) The P.O.S.T. board shall have the power to promulgate rules for enforcement of this part 3. (2) The attorney general may enforce the provisions of this part 3 through an action in district court for injunctive or other appropriate relief against: (a) Any individual undertaking or attempting to undertake any duties as a peace officer or a reserve peace officer in this state in violation of this part 3; and (b) Any agency permitting any individual to undertake or attempt to undertake any duties as a peace officer or a reserve peace officer in this state under the auspices of such agency in violation of this part 3. (3) The attorney general may bring criminal charges for violations of this part 3 if the violation is knowingly or intentional, or impose fines, as set in P.O.S.T. board rule, upon any individual officer or agency for failure to comply with this part 3 or any rule promulgated under this part 3. (3.5) Any person or law enforcement agency that knowingly or intentionally provides inaccurate data for the database created pursuant to section 24-31-303 (1)(r) is subject to a fine set in rule by the P.O.S.T. board, and, if the person is a P.O.S.T. certified peace officer, the officer is subject to revocation or suspension of the officer's P.O.S.T. certification by the P.O.S.T. board. A person or law enforcement agency that truthfully and accurately reports information pursuant to section 24-31-303 (1)(r) in good faith is not liable under this subsection (3.5). (4) The attorney general shall be entitled to recover reasonable attorney fees and costs against the defendant in any enforcement action under this part 3, if the attorney general prevails.

C.R.S. § 24-31-308 Reciprocity - provisional certificate

24-31-308. Reciprocity - provisional certificate. (1) The P.O.S.T. board is authorized to grant a provisional certificate to a person who: (a) Has been authorized to act as a peace officer in another state or federal jurisdiction within the preceding three years and has served as a certified law enforcement officer in good standing in the other state or federal jurisdiction for more than one year; (b) Passes the certification examination required pursuant to this part 3; and (c) Possesses current first aid and cardiopulmonary resuscitation certificates or their equivalent. (2) (a) The P.O.S.T. board is authorized to grant a basic certification to a person who meets the criteria established for basic certification by rule of the P.O.S.T. board. (b) Any rule of the P.O.S.T. board establishing the criteria for basic certification shall provide that a basic certification will be issued only after an applicant has successfully demonstrated to the P.O.S.T. board a proficiency in all skill areas as required by section 24-31-305. (3) (a) A provisional certificate shall be valid for six months. (b) Upon a showing of good cause, the P.O.S.T. board may renew a provisional certificate once for a period not to exceed an additional six months.

C.R.S. § 24-31-309 Profiling - officer identification - training - definition

24-31-309. Profiling - officer identification - training - definition. (1) (a) The general assembly finds, determines, and declares that profiling is a practice that presents a great danger to the fundamental principles of our constitutional republic and is abhorrent and cannot be tolerated. (b) The general assembly further finds and declares that motorists who have been stopped by peace officers for no reason other than the color of their skin or their apparent race, ethnicity, age, or gender are the victims of discriminatory practices. (c) The general assembly further finds and declares that Colorado peace officers risk their lives every day. The people of Colorado greatly appreciate the hard work and dedication of peace officers in protecting public safety. The good name of these peace officers should not be tarnished by the actions of those who commit discriminatory practices. (d) It is therefore the intent of the general assembly in adopting this section to provide a means of identification of peace officers who are engaging in profiling, to underscore the accountability of those peace officers for their actions, and to provide training to those peace officers on how to avoid profiling. (2) Definitions. For purposes of this section: (a) "Legal basis" means any basis authorized by statute or that the Colorado supreme court or United States supreme court has determined is lawful pursuant to section 7 of article II of the state constitution or the fourth amendment to the United States constitution. (b) "Profiling" means the practice of relying solely on race, ethnicity, gender, national origin, language, religion, sexual orientation, gender identity, gender expression, age, or disability in: (I) Determining the existence of probable cause to place in custody or arrest an individual or in constituting a reasonable and articulable suspicion that an offense has been or is being committed so as to justify the detention of an individual or the investigatory stop of a vehicle; or (II) Determining the scope, substance, or duration of an investigation or law enforcement activity to which a person will be subjected. (3) Profiling practices prohibited. Profiling as defined in subsection (2) of this section is prohibited; except that a peace officer may use age when making law enforcement decisions if the peace officer is investigating a juvenile status offense. (3.5) A peace officer, as defined in section 24-31-901 (3), shall have a legal basis for making a contact, as defined in section 24-31-901 (1), whether consensual or nonconsensual, with a member of the public for purposes of enforcing the law or investigating possible violations of the law. After making a contact, a peace officer, as defined in section 24-31-901 (3), shall report to the peace officer's employing agency: (a) The perceived demographic information of the person contacted, provided that the identification of these characteristics is based on the observation and perception of the peace officer making the contact and other available data; (b) Whether the contact was a traffic stop; (c) The time, date, and location of the contact; (d) The duration of the contact; (e) The reason for the contact; (f) The suspected crime; (g) The result of the contact, such as: (I) No action, warning, citation, property seizure, or arrest; (II) If a warning or citation was issued, the warning provided or violation cited; (III) If an arrest was made, the offense charged; (IV) If the contact was a traffic stop, the information collected, which is limited to the driver; ; (e) The reason for the contact; (f) The suspected crime; (g) The result of the contact, such as: (I) No action, warning, citation, property seizure, or arrest; (II) If a warning or citation was issued, the warning provided or violation cited; (III) If an arrest was made, the offense charged; (IV) If the contact was a traffic stop, the information collected, which is limited to the driver; (h) The actions taken by the peace officer during the contact, including but not limited to whether: (I) The peace officer asked for consent to search the person, vehicle, or other property, and, if so, whether consent was provided; (II) The peace officer searched the person, a vehicle, or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any; (III) The peace officer seized any property, and, if so, the type of property that was seized and the basis for seizing the property; (IV) A peace officer unholstered or brandished a weapon during the contact, and, if so, the type of weapon; and (V) A peace officer discharged a weapon during the contact. (4) (a) A peace officer certified pursuant to this part 3 shall provide, without being asked, the peace officer's business card to any person whom the peace officer has detained in a traffic stop but has not cited or arrested. The business card must include identifying information about the peace officer, including but not limited to the peace officer's name, division, precinct, and badge or other identification number; a telephone number that may be used, if necessary, to report any comments, positive or negative, regarding the traffic stop; and information about how to file a complaint related to the contact. The identity of the reporting person and the report of any such comments that constitute a complaint must initially be kept confidential by the receiving law enforcement agency, to the extent permitted by law. The receiving law enforcement agency shall be permitted to obtain some identifying information regarding the complaint to allow initial processing of the complaint. If it becomes necessary for the further processing of the complaint for the complainant to disclose the complainant's identity, the complainant shall do so or, at the option of the receiving law enforcement agency, the complaint may be dismissed. (b) The provisions of paragraph (a) of this subsection (4) shall not apply to authorized undercover operations conducted by any law enforcement agency. (c) Each law enforcement agency in the state shall compile on at least an annual basis any information derived from telephone calls received due to the distribution of business cards as described in paragraph (a) of this subsection (4) and that allege profiling. The agency shall make such information available to the public but shall not include the names of peace officers or the names of persons alleging profiling in such information. The agency may also include in such information the costs to the agency of complying with the provisions of this subsection (4). (5) The training provided for peace officers shall include an examination of the patterns, practices, and protocols that result in profiling and prescribe patterns, practices, and protocols that prevent profiling. On or before August 1, 2001, the P.O.S.T. board shall certify the curriculum for such training. (6) No later than six months after June 5, 2001, each law enforcement agency in the state shall have written policies, procedures, and training in place that are specifically designed to address profiling. Each peace officer employed by such law enforcement agency shall receive such training. The written policies and procedures shall be made available to the public for inspection during regular business hours.

C.R.S. § 24-31-310 Resources for the training of peace officers - peace officers in rural jurisdictions - legislative declaration

24-31-310. Resources for the training of peace officers - peace officers in rural jurisdictions - legislative declaration. (1) The general assembly hereby finds and declares that Colorado peace officers risk their lives every day in the normal course of their duties. On the roads and highways and throughout the state, peace officers are expected to make quick and difficult decisions that concern both public and officer safety. The general assembly further finds and declares that good training is crucial for peace officers to make decisions that are in the best interests of the health and safety of the citizens of Colorado. The general assembly recognizes that the P.O.S.T. board oversees peace officer training programs and that in the past the state has provided funding for such training programs. The general assembly further recognizes that the state has not provided funding for peace officer training programs since 1992, and that the lack of state funding has had a significant impact on the training of peace officers in the state. Therefore, it is the intent of this section to reimplement state funding for peace officer training programs and to enable the P.O.S.T. board to provide substantial training for peace officers who serve the citizens of Colorado. (2) The money collected and transferred to the P.O.S.T. board cash fund pursuant to section 42-3-304 (24) must be used to provide training programs for peace officers, especially peace officers in rural and smaller jurisdictions that have limited resources due to the size or location of such jurisdictions. The money must be used and distributed pursuant to subsection (3) or (4) of this section. (3) The money collected and transferred to the P.O.S.T. board cash fund pursuant to section 42-3-304 (24) must be used and distributed as determined by the P.O.S.T. board. The money in the fund must be used to pay the salary and benefits of any employee hired by the department of law in order to administer the peace officer training programs and to cover any other costs incurred by the P.O.S.T. board in connection with such programs. Under no circumstance shall general fund money be used to cover such costs incurred by the department of law or the P.O.S.T. board. (4) (a) Subject to the available money collected, transferred to, and remaining in the P.O.S.T. board cash fund, the P.O.S.T. board may establish a scholarship program for law enforcement agencies in rural and smaller jurisdictions with limited resources due to their size or location to assist the agencies with the payment of tuition costs for peace officer candidates to attend an approved basic law enforcement training academy. A person whose tuition costs to attend an approved basic law enforcement training academy were paid for pursuant to this subsection (4) must be employed for at least three years by a law enforcement agency in a rural and small jurisdiction after attending the approved basic law enforcement training academy or the person shall reimburse the cost of attending the basic law enforcement training academy to the P.O.S.T. board. (b) The P.O.S.T. board shall promulgate rules as may be necessary to implement and administer the scholarship program. (c) As used in this subsection (4), unless the context otherwise requires, "rural" means an area defined or designated as rural by the federal office of management and budget.

C.R.S. § 24-31-311 DNA evidence - collection - retention

24-31-311. DNA evidence - collection - retention. (1) The training provided for peace officers shall include proper collection and retention techniques, practices, and protocols for evidence that may contain biological or DNA evidence. On or before August 1, 2009, the P.O.S.T. board shall certify the curriculum for the training. After August 1, 2009, the training shall be provided to persons who enroll in a training academy for basic peace officer training and to all peace officers described in section 16-2.5-101, C.R.S., who are certified by the P.O.S.T. board pursuant to this part 3 prior to August 1, 2009. (2) The P.O.S.T. board may develop a specialized certification program that concentrates on the proper techniques, practices, and protocols for evidence collection with emphasis on evidence that may contain biological or DNA evidence.

C.R.S. § 24-31-312 School resource officer training

24-31-312. School resource officer training. (1) On or before January 1, 2014, the P.O.S.T. board shall identify a school resource officer training curriculum to prepare peace officers. (2) To the extent practicable, the training curriculum described in subsection (1) of this section shall incorporate the suggestions of relevant stakeholders and advocates. (3) (a) In assigning peace officers to serve as school resource officers pursuant to section 22-32-146, C.R.S., each law enforcement agency is encouraged to ensure that such peace officers have successfully completed the school resource officer training curriculum described in subsection (1) of this section, or will complete said training within six months after beginning the assignment. (b) On and after January 1, 2015, each county sheriff and each municipal law enforcement agency of the state shall employ at least one peace officer who has successfully completed the training curriculum described in subsection (1) of this section. (4) For the purposes of section 22-32-146, C.R.S., the training curriculum provided pursuant to subsection (1) of this section shall include a means of recognizing and identifying peace officers who successfully complete the training curriculum. (5) In providing the training curriculum described in subsection (1) of this section, the P.O.S.T. board may include provisions to allow for the awarding of credit to a peace officer who has successfully completed a school resource officer certification curriculum offered by one or more public or private entities, which entities shall be identified by the P.O.S.T. board. (6) The P.O.S.T. board may charge a fee to each peace officer who enrolls in the training curriculum described in subsection (1) of this section. The amount of the fee shall not exceed the direct and indirect costs incurred by the P.O.S.T. board in providing the curriculum. (7) The P.O.S.T. board, with respect to the hiring, training, and evaluation of school resource officers and professionalizing a school-police partnership, shall create a model policy for selecting school resource officers pursuant to the general duties and responsibilities granted to the P.O.S.T. board pursuant to section 24-31-303. The P.O.S.T. board shall consult with school board members, school resource officers, K-12 advocates, and other relevant stakeholders, including student groups, in the development of the model policy. The department of education shall post the model policy on its website and distribute the policy to school districts, charter schools, and institute charter schools for consideration and possible adoption. The model policy may be used by school districts, charter schools, institute charter schools, and police departments. The model policy must, at a minimum, require that: (a) Once selected, school resource officers must be fully trained in standard best practices, as set forth by a national association of school resource officers; (b) A candidate demonstrate, whenever possible, a record of experience developing positive relationships with youth, which may include participation in youth or community policing programs; (c) A candidate voluntarily apply to serve as a school resource officer; and (d) The employing law enforcement agency and school district jointly create an evaluation process to evaluate school resource officers.

C.R.S. § 24-31-313 Training concerning abuse and exploitation of at-risk elders

24-31-313. Training concerning abuse and exploitation of at-risk elders. (1) On or before January 1, 2014, the P.O.S.T. board shall create and implement a training curriculum to prepare peace officers to recognize and address incidents of abuse and exploitation of at-risk elders, as described in sections 18-6.5-102 (1) and (10), C.R.S. (2) On and after January 1, 2015, each county sheriff and each municipal law enforcement agency of the state shall employ at least one peace officer who has successfully completed the training curriculum described in subsection (1) of this section. (3) The training curriculum provided pursuant to subsection (1) of this section shall include a means of recognizing and identifying peace officers who successfully complete the training curriculum. (4) In providing the training curriculum described in subsection (1) of this section, the P.O.S.T. board may include provisions to allow for the awarding of credit to a peace officer who has successfully completed a similar training curriculum offered by one or more public or private entities, which entities shall be identified by the P.O.S.T. board. (5) The P.O.S.T. board may charge a fee to each peace officer who enrolls in the training curriculum described in subsection (1) of this section. The amount of the fee shall not exceed the direct and indirect costs incurred by the P.O.S.T. board in providing the curriculum.

C.R.S. § 24-31-313.5 Training concerning abuse and exploitation of at-risk adults with intellectual and developmental disabilities

24-31-313.5. Training concerning abuse and exploitation of at-risk adults with intellectual and developmental disabilities. On or before June 30, 2016, the P.O.S.T. board shall create and implement a training curriculum to prepare peace officers to recognize and address incidents of abuse and exploitation of at-risk adults with intellectual and developmental disabilities, as described in section 18-6.5-102 (2.5) and (10), C.R.S.

C.R.S. § 24-31-314 Advanced roadside impaired driving enforcement training

24-31-314. Advanced roadside impaired driving enforcement training. (1) On and after October 1, 2013, the P.O.S.T. board is encouraged to include advanced roadside impaired driving enforcement training as an elective to basic field sobriety test training recertification. (2) Subject to the availability of sufficient moneys, the P.O.S.T. board shall arrange to provide drug recognition expert training to certified peace officers who will act as trainers in advanced roadside impaired driving enforcement for all peace officers described in section 16-2.5-101, C.R.S.

C.R.S. § 24-31-315 Annual in-service training requirements

24-31-315. Annual in-service training requirements. (1) (a) The annual in-service training programs must include proper restraint and holds training, a two-hour anti-bias training program, and, in alternating years, either a two-hour community policing and community partnerships training program or a two-hour situation de-escalation training program. The programs and curriculum may include interactive web-based training. Each certified peace officer shall satisfactorily complete the training by July 1, 2017, and shall satisfactorily complete the training at least once every five years thereafter. (b) Subject to available appropriations, beginning July 1, 2022, the annual in-service training programs must include the in-service curriculum for training concerning interactions with persons with disabilities recommended by the commission on improving first responder interactions with persons with disabilities pursuant to section 24-31-1004. (2) (a) The P.O.S.T. board shall suspend a peace officer's certification if the peace officer fails to comply with the training requirements in subsection (1) of this section. The P.O.S.T. board shall reinstate a peace officer's certification that was suspended pursuant to this paragraph (a) upon completion of the training requirements in subsection (1) of this section. (b) Notwithstanding the provisions of paragraph (a) of this subsection (2), the P.O.S.T. board shall not suspend a peace officer's certification if the peace officer has not complied with the training requirements of subsection (1) of this section because the officer is not serving as a full-time peace officer. When the officer returns to his or her full-time peace-officer duties, he or she shall have six months to complete the training required by subsection (1) of this section. (c) Prior to suspension of a peace officer's certification pursuant to paragraph (a) of this subsection (2), the peace officer must be afforded due process to the extent required by law.

C.R.S. § 24-31-316 Attorney general to provide identification cards to retired peace officers upon request - definitions

24-31-316. Attorney general to provide identification cards to retired peace officers upon request - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Peace officer" means a certified peace officer described in section 16-2.5-102. (b) "Photographic identification" means a photographic identification that satisfies the description at 18 U.S.C. sec. 926C (d). (2) Except as described in subsection (3) of this section, on and after August 7, 2013, if the department had a policy in effect as of August 7, 2013, of issuing photographic identification to peace officers who have retired from the department, and the department discontinues said policy after August 7, 2013, the department shall continue to provide such photographic identification to peace officers who have retired from the department if: (a) The peace officer requests the identification; (b) The peace officer retired from the department before the date upon which the department discontinued the policy; and (c) The peace officer is a qualified retired law enforcement officer, as defined in 18 U.S.C. sec. 926C (c). (3) Before issuing or renewing a photographic identification to a retired law enforcement officer pursuant to this section, a law enforcement agency of the state shall complete a criminal background check of the officer through a search of the national instant criminal background check system created by the federal "Brady Handgun Violence Prevention Act" , Pub. L. 103-159, the relevant portion of which is codified at 18 U.S.C. sec. 922 (t), and a search of the state integrated criminal justice information system. If the background check indicates that the officer is prohibited from possessing a firearm by state or federal law, the law enforcement agency shall not issue the photographic identification. (4) The department may charge a fee for issuing a photographic identification to a retired peace officer pursuant to subsection (2) of this section, which fee shall not exceed the direct and indirect costs assumed by the department in issuing the photographic identification. (5) Notwithstanding any other provision of this section, the department shall not be required to issue a photographic identification to a particular peace officer if the attorney general elects not to do so. (6) If the department denies a photographic identification to a retired peace officer who requests a photographic identification pursuant to this section, the department shall provide the retired peace officer a written statement setting forth the reason for the denial.

C.R.S. § 24-31-317 Training requirements concerning peace officer interactions with persons with disabilities

24-31-317. Training requirements concerning peace officer interactions with persons with disabilities. (1) Subject to available appropriations, beginning July 1, 2022, the basic academy curriculum must include the curriculum for training concerning interactions with persons with disabilities recommended by the commission on improving first responder interactions with persons with disabilities pursuant to section 24-31-1004. (2) The annual in-service training programs must include the in-service curriculum for training concerning interactions with persons with disabilities, as described in section 24-31-315 (1)(b).

C.R.S. § 24-31-318 Administrative law judge appointment

24-31-318. Administrative law judge appointment. The P.O.S.T. board chairperson may appoint an administrative law judge or hearing officer pursuant to article 4 of this title 24 to conduct hearings, administer oaths, take affirmations of witnesses, issue subpoenas compelling the attendance of witnesses and production of records, rule on evidence, make findings, and report the findings to the P.O.S.T. board for any proceedings or actions authorized under this part 3.

C.R.S. § 24-31-319 Training related to missing indigenous persons - development - basic and in-service training required

24-31-319. Training related to missing indigenous persons - development - basic and in-service training required. (1) The P.O.S.T. board shall work with the office of liaison for missing and murdered indigenous relatives created in section 24-33.5-2603 to develop and facilitate training for peace officers on issues relating to missing or murdered indigenous persons investigations. (2) Beginning January 1, 2023, the basic academy curriculum and annual in-service training programs must include training concerning issues relating to missing or murdered indigenous persons.

C.R.S. § 24-31-320 Persons with deferred action for childhood arrivals status - rules - definition

24-31-320. Persons with deferred action for childhood arrivals status - rules - definition. (1) The P.O.S.T. board may promulgate rules for the administration of or compliance with requirements for an eligible immigrant who is seeking a certificate issued pursuant to this part 3. (2) For purposes of this section, unless the context otherwise requires, "eligible immigrant" means a person who has been formally granted and maintains a valid deferred action for childhood arrivals status by the federal immigration and naturalization service, or any successor agency, or a person who has applied to obtain asylum status.

C.R.S. § 24-31-401 Definitions

24-31-401. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Smokeless tobacco settlement" means the settlement agreement between the state of Colorado and various domestic smokeless tobacco products manufacturers, dated November 23, 1998, which was approved by the district court of the city and county of Denver as part of a consent decree dated November 25, 1998, in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432. (2) "Tobacco settlement" means the settlement agreement between the state of Colorado and various domestic tobacco products manufacturers, dated November 23, 1998, which was approved by the district court of the city and county of Denver as part of a consent decree dated November 25, 1998, in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432.

C.R.S. § 24-31-402 Enforcement by attorney general

24-31-402. Enforcement by attorney general. (1) The general assembly hereby finds that both the tobacco settlement and the smokeless tobacco settlement impose numerous duties and obligations on the parties to those settlement agreements relating to the marketing and advertising of tobacco products and the payment of damages to the state. The general assembly further finds that most of these duties and obligations continue for a minimum of twenty-five years from the dates of the settlement agreements. Therefore, the attorney general shall oversee and take the necessary actions to enforce compliance with the provisions of the tobacco settlement agreement and the smokeless tobacco settlement agreement, consistent with the duties and obligations set forth in said settlement agreements and with Colorado law. (2) The enforcement duty specified in subsection (1) of this section is in addition to and does not limit the authority of the attorney general otherwise existing under common law or the statutes of this state.

C.R.S. § 24-31-403 Funding

24-31-403. Funding. The attorney general may use any custodial funds recovered as costs and attorney fees under the tobacco settlement agreement to offset any costs incurred in overseeing and enforcing the tobacco settlement agreement and the smokeless tobacco settlement agreement.

C.R.S. § 24-31-601 Short title

24-31-601. Short title. This part 6 shall be known and may be cited as the "Safe2tell Act".

C.R.S. § 24-31-602 Legislative declaration

24-31-602. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) The purpose of this part 6 is to empower students and the community by offering a comprehensive program of education, awareness, and training and a readily accessible tool that allows students and the community to easily provide anonymous information about unsafe, potentially harmful, dangerous, violent, or criminal activities in schools, or the threat of these activities, to appropriate law enforcement and public safety agencies and school officials; and (b) The ability to anonymously report information about unsafe, potentially harmful, dangerous, violent, or criminal activities in schools before or after they have occurred is critical in reducing, responding to, and recovering from these types of events in schools. (2) The general assembly therefore finds that it is appropriate and necessary to provide for the anonymity of a person who provides information to law enforcement and public safety agencies and school officials and to provide for the confidentiality of associated materials.

C.R.S. § 24-31-603 Definitions

24-31-603. Definitions. As used in this article, unless the context otherwise requires: (1) "Department" means the department of law. (2) "In camera review" means an inspection of materials by the court, in chambers, to determine what, if any, materials are discoverable. (3) "Materials" means any records, reports, claims, writings, documents, or information anonymously reported or information related to the source of materials. (4) "Program" means the safe2tell program.

C.R.S. § 24-31-604 Administration of article

24-31-604. Administration of article. The attorney general shall administer the provisions of this part 6.

C.R.S. § 24-31-605 Delegation of duties

24-31-605. Delegation of duties. The powers and duties vested in the attorney general by this part 6 may be delegated to qualified employees of the department.

C.R.S. § 24-31-606 Safe2tell program - creation - duties

24-31-606. Safe2tell program - creation - duties. (1) There is created, within the department, the safe2tell program. (2) The program must: (a) Establish and maintain methods of anonymous reporting concerning unsafe, potentially harmful, dangerous, violent, or criminal activities in schools or the threat of those activities; (b) Establish methods and procedures to ensure that the identity of the reporting parties remains unknown to all persons and entities, including law enforcement officers and employees operating the program; (c) Establish methods and procedures so that information obtained from a reporting party who voluntarily discloses his or her identity and verifies that he or she is willing to be identified may be shared with law enforcement officers, employees operating the program, and school officials; (d) Establish methods and procedures to ensure that a reporting party's identity that becomes known through any means other than voluntary disclosure is not further disclosed; (e) Promptly forward information received by the program to the appropriate law enforcement or public safety agency or school officials. The program is not required to forward information if the call was transferred to the statewide behavioral crisis response system created pursuant to section 27-60-103. (f) Train law enforcement dispatch centers, school districts, individual schools, and other entities determined by the attorney general on appropriate awareness and response to safe2tell tips. Training materials outlining appropriate response to safe2tell tips may be developed in collaboration with stakeholders to ensure standardized messaging. (g) Provide safe2tell awareness and educational materials to all elementary and secondary schools in Colorado with a primary focus on targeting marketing materials to Colorado school-age children, teachers, administrators, education professionals, and, subject to available funds, other youth-related organizations, including boys and girls clubs and 4-H extension offices, at no charge to the school or recipient. The materials described in this subsection (2)(g) and subsection (2)(h) of this section must include an explanation of the circumstances pursuant to section 24-31-607 (3) or (4) when a student's report may not remain anonymous. (h) Provide safe2tell awareness and education materials to Boys & Girls Clubs and 4-H extension offices in Colorado at no charge to the Boys & Girls Clubs and 4-H extension offices on or before June 30, 2017, and annually each fiscal year thereafter; (i) Develop training curriculum and teaching materials for a train the trainer program; (j) Annually organize, host, and conduct training in all geographic regions of the state and provide related materials to persons who attend the training at no charge to the attendee; (k) Provide training and support to all elementary and secondary schools and school districts in Colorado regarding school safety related to the safe2tell program, including answering questions and discussing reports received by the program; (l) Provide educational materials to all elementary and secondary schools in Colorado aimed at preventing misuse of the program; (m) Provide technical assistance and support to law enforcement officials and school officials when there is misuse of the program; and garding school safety related to the safe2tell program, including answering questions and discussing reports received by the program; (l) Provide educational materials to all elementary and secondary schools in Colorado aimed at preventing misuse of the program; (m) Provide technical assistance and support to law enforcement officials and school officials when there is misuse of the program; and (n) Analyze and follow up with law enforcement and schools to determine the outcome of a report made to the program, including actions taken on the report. (3) On or before February 1, 2021, the department, in collaboration with stakeholders, shall devise a process and develop standardized protocols so that any communication related to mental health or substance use received by safe2tell, including any communication related to another person, may be transferred, as appropriate, to the statewide behavioral crisis response system created pursuant to section 27-60-103. (4) Beginning on or before August 1, 2024, the department shall annually convene a training meeting for school resource officers, as described in section 22-32-146, and school officials to discuss best practices in responding to safe2tell reports, including defining roles, communication about a report, outcome reporting, and training resources to improve school resource officers' support of students and school staff. Safe2tell may conduct a survey to collect data and discussions regarding safe2tell operations.

C.R.S. § 24-31-607 In camera review - confidentiality of materials - criminal penalty

24-31-607. In camera review - confidentiality of materials - criminal penalty. (1) (a) The safe2tell program and persons implementing and operating the program shall not be compelled to produce any materials except on the motion of a criminal defendant to the court in which the offense is being tried, supported by an affidavit establishing that the materials contain impeachment evidence or evidence that is exculpatory to the defendant in the trial of that offense. (b) If the defendant's motion is granted, the court shall conduct an ex parte in camera review of materials produced under the defendant's subpoena. (c) If the court determines that the produced materials contain impeachment evidence or evidence that is exculpatory to the defendant, the court shall order the materials to be produced to the defendant pursuant to a protective order that includes, at a minimum, the redaction of the reporting party's identity and limitations on the use of the materials, as needed, unless contrary to state or federal law. Any materials excised pursuant to a judicial order following the in camera review shall be sealed and preserved in the records of the court, to be made available to the appellate court in the event of an appeal. After the time for appeal has expired, the court shall return the materials to the program. (2) (a) Materials created or obtained through the implementation or operation of the program are confidential, and a person shall not disclose the material. The program and persons implementing or operating the program may be compelled to produce the materials only before a court or other tribunal and only pursuant to court order for an in camera review. Any such review shall be limited to an inspection of materials that are material to the specific case pending before the court. The attorney general acting on behalf of the safe2tell program shall have standing in any action to oppose the disclosure of materials in the custody of the safe2tell program. (b) A person who knowingly discloses materials in violation of the provisions of this subsection (2) commits a class 1 misdemeanor. (3) Notwithstanding any provision to the contrary, upon request by a law enforcement agency, the attorney general may disclose to law enforcement personnel any materials or information obtained through the implementation or operation of the program if the attorney general reasonably deems such disclosure necessary for the prevention of imminent physical harm or serious bodily injury to one or more persons. (4) (a) (I) Notwithstanding subsections (2)(a) and (2)(b) of this section, a court may issue a court order for production of records, under seal, on request of a law enforcement agency, public safety agency, or district attorney, for program materials identifying a reporting party if the court, following an in-camera review of an affidavit and any other relevant material or evidence provided under seal by the requesting party, determines probable cause exists that a reporting party to the program knowingly used the program in the commission of false reporting of an emergency, as defined in section 18-8-111 (2), and that release of program materials is justified on balance in view of the probable violation and the program purpose of anonymity. (II) Any such request for a court order for production of records may be filed only after reasonable notice is provided to the attorney general. The requesting party shall note any response from the attorney general in the affidavit and the court shall consider the note in reviewing any application for a court order under this section. the probable violation and the program purpose of anonymity. (II) Any such request for a court order for production of records may be filed only after reasonable notice is provided to the attorney general. The requesting party shall note any response from the attorney general in the affidavit and the court shall consider the note in reviewing any application for a court order under this section. (b) (I) A court shall order that a warrant issued pursuant to subsection (4)(a) of this section, and any related evidence used to obtain such warrant, be sealed. The program and any law enforcement agency, public safety agency, or district attorney that receives information pursuant to subsection (4)(a) of this section shall keep the information confidential. (II) (A) A court may lift the sealing and confidentiality of the information, prior to the filing of charges, only on a motion of a district attorney upon showing of good cause following an in-camera review of the information. The district attorney shall provide reasonable notice and the opportunity to respond to the department of any motion to lift the seal filed pursuant to this section, prior to filing a motion pursuant to this section. (B) Upon filing of charges against any person for charges that rely on information provided pursuant to a court order under this section, any sealing order will immediately expire and the information is subject to discovery obligations and necessary protective orders to preclude further dissemination of the material. (c) If a district attorney is considering filing any criminal charges as a result of a production of records issued pursuant to subsection (4)(a) of this section, the district attorney shall first consider referring the alleged responsible person for an assessment for suitability to participate in restorative justice practices.

C.R.S. § 24-31-608 Transfer of property

24-31-608. Transfer of property. (1) On June 30, 2014, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of safe2tell, as it existed prior to said date, may be transferred to the department of law and become the property thereof; except that safe2tell, inc., shall maintain ownership of all intellectual property, including trademarks and service marks, owned by it prior to such date subject to the provisions of section 24-31-609. (2) On June 30, 2014, any moneys held by the safe2tell nonprofit may be transferred to the safe2tell cash fund created pursuant to section 24-31-610.

C.R.S. § 24-31-609 License of intellectual property

24-31-609. License of intellectual property. Commencing on June 30, 2014, all intellectual property of safe2tell, inc., including trademarks and service marks, is licensed to the department of law on a nonexclusive, perpetual, paid-up basis for use by the department of law in connection with the program, including all trademarks or service marks developed by safe2tell, inc., at any point in the future.

C.R.S. § 24-31-610 Safe2tell cash fund - creation

24-31-610. Safe2tell cash fund - creation. (1) There is created in the state treasury the safe2tell cash fund, referred to in this section as the "fund". Moneys in the fund are subject to annual appropriation. The fund consists of: (a) Fees charged by the department of law to cover the actual costs of producing and distributing manuals and other public awareness materials; (b) Any revenues received pursuant to section 24-31-108 (2)(b); (c) Any moneys held by the safe2tell nonprofit as of June 30, 2014, that are transferred to the fund pursuant to section 24-31-608 (2); and (d) Any moneys that may be appropriated by the general assembly. (2) All interest derived from the deposit and investment of moneys in the fund are credited to the fund. At the end of each fiscal year, all unexpended and unencumbered moneys in the fund remain in the fund and shall not be credited or transferred to the general fund or any other fund.

C.R.S. § 24-31-611 Annual report

24-31-611. Annual report. (1) On or before December 1, 2018, and on or before December 1 of each year thereafter, the program shall analyze data from the preceding fiscal year and prepare a written report. The program shall post the report on the program's website and shall submit the report to the education and judiciary committees of the house of representatives and the senate, or any successor committees, by January 1 of the year following publication of the report. The report must include data from the preceding fiscal year concerning the following and any recommendations concerning the following to the extent the information is available: (a) A summary of outcomes and actions taken on reports made to the program; (b) The number of safe2tell reports by category, broken down by month; (c) The total number of incidents of misuse of the program, broken down into categories; (d) The number of reports received involving a single incident; (e) The number of times safe2tell was used by a reporting party to make a threat against or otherwise harm another person; (f) The number of times a reporting party was in crisis and was reporting to the program to obtain assistance and the time it took to identify the reporting party and respond; (g) The effectiveness of the safe2tell dispatch center in the department of public safety; and (h) Recommendations regarding how to improve the program based on the available data. (2) Notwithstanding the provisions of section 24-1-136 (11)(a)(I), the requirement for the report in subsection (1) of this section continues indefinitely.

C.R.S. § 24-31-701 Definitions

24-31-701. Definitions. As used in this part 7, unless the context requires otherwise: (1) "Department" means the department of law. (2) Repealed. (3) "Review board" means the Colorado domestic violence fatality review board created in section 24-31-702. (4) "Review team" means a local or regional domestic violence fatality review team.

C.R.S. § 24-31-702 Colorado domestic violence fatality review board - creation - membership - purpose - duties

24-31-702. Colorado domestic violence fatality review board - creation - membership - purpose - duties. (1) The Colorado domestic violence fatality review board is established in the department to: (a) Examine data collected by review teams during the preceding year; (b) Identify measures to help prevent domestic violence fatalities and near-death incidents; (c) Establish uniform methods for collecting, analyzing, and storing data relating to domestic violence fatalities and near-death incidents; and (d) Make annual policy recommendations concerning domestic violence to the general assembly. (2) (a) The review board includes the attorney general or his or her designee, who shall act as chair, and at least seventeen but not more than twenty other members, to be appointed by the attorney general on or before October 1, 2017, as follows: (I) A medical professional with forensic experience; (II) A domestic violence advocate representing a shelter or other domestic violence service organizations, who may not testify without consent of a victim pursuant to section 13-90-107 (1)(k)(II); (III) A criminal defense attorney; (IV) A representative of a law enforcement agency; (V) The executive director of the department of public health and environment, or his or her designee; (VI) A representative of a city attorney's office in Colorado who has experience working with victims of domestic violence or prosecuting domestic violence offenders; (VII) A representative of a statewide nonprofit organization that offers training and expert advice to domestic violence programs that serve survivors of domestic violence, dating violence, and stalking; (VIII) A representative of the department of human services' adult protection services; (IX) A representative of the department of human services' child protection services; (X) A representative of a probation, parole, or community corrections program; (XI) A representative designated by the Colorado district attorneys' council; (XII) A representative of a domestic violence treatment provider specializing in offender treatment; (XIII) Two domestic violence survivors; (XIV) A representative of the domestic violence offender management board created in section 16-11.8-103; (XV) A representative of the Denver metro domestic violence fatality review committee; (XVI) A judge or magistrate; and (XVII) Such other members as the attorney general may determine, whose contributions would be valuable to the work of the review board; except that the attorney general may not appoint more than two members pursuant to this subsection (2)(a)(XVII). (b) The review board must, to the extent practicable: (I) Include members from throughout the state; (II) Include members with disabilities; (III) Reflect the ethnic diversity of the state; and (IV) Include members who have knowledge of and experience with domestic violence. (c) Members of the review board, other than the attorney general, serve for four-year terms and are eligible for reappointment no more than two times at the expiration of a four-year term. (d) Members of the review board serve without compensation but may receive per diem and reimbursement for costs, subject to the availability of funds. (e) The attorney general may fill any vacancies on the review board at any time. iew board, other than the attorney general, serve for four-year terms and are eligible for reappointment no more than two times at the expiration of a four-year term. (d) Members of the review board serve without compensation but may receive per diem and reimbursement for costs, subject to the availability of funds. (e) The attorney general may fill any vacancies on the review board at any time. (f) Before commencing service on the review team, each member shall submit the member's fingerprints to the Colorado bureau of investigation for the purposes of a criminal background check. The bureau shall forward the results of each background check to the attorney general. When the results of a fingerprint-based criminal history record check of a member performed pursuant to this section reveal a record of arrest without a disposition, the attorney general shall require that member to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). (3) The review board shall convene its first meeting on or before November 1, 2017, and shall meet thereafter as determined by the membership. (4) The review board shall coordinate with review teams to collect data, review and analyze the data, and prepare recommendations for the general assembly. The review board shall submit a written report of its recommendations to the health and human services and judiciary committees of the senate and the public health care and human services and judiciary committees of the house of representatives, or any successor committees, on or before December 1, 2018, and on or before December 1 each year thereafter. Notwithstanding the provisions of section 24-1-136 (11)(a)(I), the report required in this subsection (4) expires on September 1, 2022. The review board shall make the report available to the public on the department's website. The report may include, but is not limited to, the following: (a) Recommendations for improving communication between public and private organizations and agencies; (b) The number of domestic violence fatalities and near-death incidents that occurred in each county during the preceding year and the factors associated with each fatality; (c) Recommendations for: (I) Reducing the incidence of domestic violence in the state; and (II) Improving responses to domestic violence incidents by the legal system and by communities; and (d) Recommendations directed at primary prevention of domestic violence. (5) Case review data will be stored in the manner determined by the review board. The review board shall work with review teams to incorporate and maintain existing data collection methods. (6) In addition to collaborating with review teams, the review board may collaborate with other agencies or organizations to fulfill its duties pursuant to this part 7. (7) Notwithstanding any provision of this section, the review board is authorized to review case data only from cases that have been closed by each law enforcement agency that investigated or prosecuted each such case. (8) The review board shall provide technical assistance and training to local governments as needed to help establish and maintain a review team and shall provide technical assistance and training to existing review teams as needed. (9) The review board shall pursue implementation of any review board recommendations pertaining, but not limited to: (a) Improving communication and information-sharing between public and private organizations and agencies as to domestic violence incidents and risk; (b) Reducing the incidence of domestic violence and domestic violence fatalities in the state; and xisting review teams as needed. (9) The review board shall pursue implementation of any review board recommendations pertaining, but not limited to: (a) Improving communication and information-sharing between public and private organizations and agencies as to domestic violence incidents and risk; (b) Reducing the incidence of domestic violence and domestic violence fatalities in the state; and (c) Improving responses to domestic violence incidents. (10) The review board shall provide any necessary coordination between local governments and organizations to assist with domestic violence prevention and responses to fatalities. (11) The review board shall make a recommendation in its 2022 annual written report whether and how diversity, equity, and inclusion training could be provided for individuals who provide initial call response functions and could be provided for local boards who may conduct a fatality review to create greater trust between local agencies and victims of domestic violence. (12) (a) The review board shall coordinate with stakeholders to develop best practices for collecting data on domestic violence-related fatalities. (b) The review board and local review teams shall coordinate to implement effective information-sharing related to identified domestic violence fatalities. (13) (a) The review board shall perform outreach to local governments and organizations to promote the development of local review teams. (b) The review board shall prioritize development and support of local review teams in underserved and rural communities.

C.R.S. § 24-31-703 Local and regional domestic violence fatality review teams - creation - membership - purpose - duties

24-31-703. Local and regional domestic violence fatality review teams - creation - membership - purpose - duties. (1) A city, county, or district court may establish a review team to review fatal and near-fatal incidents of domestic violence, related domestic violence matters, and suicides related to domestic abuse. (2) In establishing a review team, a city, county, or district court, to the extent practicable, shall select team members with subject-matter expertise from the following entities, with an attempt to reflect the racial and ethnic makeup of the city, county, or judicial district: (a) Appropriate county departments; (b) Domestic violence service providers; (c) Law enforcement agencies; (d) Prosecutors' offices; (e) One or more county departments of public health; (f) One or more county departments of human or social services; (g) One or more coroner's offices or county medical examiner's offices or designees thereof; (h) Batterer intervention services providers; (i) The local parole division of the state board of parole; (j) The local probation department; (k) Hospitals; (l) Judges of the county and district courts; (m) Clerks of the county and district courts; and (n) Survivors of domestic violence. (3) (a) Each review team shall collect data on domestic violence fatalities and near-death incidents, conduct individual case reviews of domestic violence fatalities and near-death incidents, document case characteristics of those case reviews, and report this information to their communities and to the review board. (b) Each review team shall determine its own structure and activities; except that, to ensure statewide consistency, each review team shall use any uniform method for collecting, analyzing, or storing data that is established by the review board pursuant to section 24-31-702 (1)(c). (c) Each review team shall determine which incidents to review. A review by a review team may include examination and consideration of: (I) Events leading up to the domestic violence incident; (II) Available resources of the criminal legal system and community; (III) Current laws and policies; (IV) Actions taken by individuals and agencies, including individuals and agencies of the criminal justice and human services systems, related to the incident and the parties; and (V) Any other information or action deemed relevant by the review team, including a review of public records and records for which public records exemptions are granted. (4) Each review team shall submit data and recommendations to the review board: (a) On or before September 1 of each year following the year in which the review team was established; or (b) In the case of a review team in existence on August 9, 2017, on or before September 1, 2018, and on or before September 1 each year thereafter. (5) (a) Notwithstanding subsection (1) of this section, no more than one review team may be created in any judicial district. Review teams in existence on August 9, 2017, are recognized as review teams under this part 7. (b) Nothing in this section requires the formation of a review team. (6) If a local or regional child fatality prevention review team is created in a judicial district pursuant to section 25-20.5-404, it may operate as a domestic violence review team pursuant to this section, so long as it: (a) Uses a uniform method for collecting, analyzing, or storing data that is established by the review board pursuant to section 24-31-702 (1)(c); and (b) Includes domestic violence expertise from entities described in subsection (2) of this section. (7) Notwithstanding any provision of this section, a local or regional child fatality prevention review team is authorized to review case data only from cases that have been closed by each law enforcement agency that investigated or prosecuted each such case.

C.R.S. § 24-31-704 Access to records - confidentiality - public access - immunity

24-31-704. Access to records - confidentiality - public access - immunity. (1) (a) Notwithstanding any other state law to the contrary, but subject to the requirements of applicable provisions of federal law, the review board and review teams have access to records and information that are relevant to a review of a domestic violence fatality and that are in the possession of a state or local governmental agency. (b) The review board and review teams may access mental health and substance abuse treatment records only with the written consent of appropriate parties in accordance with applicable federal and state law. (2) (a) All review board and review team meetings; activities of the review board and review teams, including activities of any issue-specific panel or ad hoc subcommittee formed by the review board or by review teams; review board and review team meeting notes and statements; health information and medical records obtained by the review board or by review teams; and any information obtained by the department in connection with the review board or review teams are confidential and are not subject to: (I) The open meetings provisions of the "Colorado Sunshine Act of 1972" set forth in section 24-6-402; (II) The "Colorado Open Records Act", part 2 of article 72 of title 24; or (III) Subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, unless the information was obtained from another source that is separate and apart from the review board or review teams. (b) Each member of the review board, each member of a review team, and each invited participant at a meeting shall sign a statement indicating an understanding of and adherence to confidentiality requirements. A person who knowingly violates confidentiality requirements commits a petty offense and, upon conviction, shall be punished as provided in section 18-1.3-503. (c) A member of the review board, a member of a review team, a person who attends a review team meeting, and a person who presents information to a review team are not subject to examination in any civil or criminal proceeding concerning information presented to members of the review team or opinions formed by the review team based on that information. A person may, however, be examined concerning information reviewed by the review board or a review team that is otherwise available to the public or that is required to be revealed by that person in an official capacity. (d) Information, documents, records, notes, memoranda, and data of the review board and the review teams are not subject to subpoena, discovery, or introduction into evidence in any action in any court or before any tribunal, board, agency, or person and may not be exhibited or disclosed in any way by any person unless the information was obtained from another source that is separate and apart from the review board or review teams, except as may be necessary for furthering the duties of the review board or the review teams or in response to an alleged violation of a confidentiality agreement pursuant to subsection (2)(b) of this section. (3) A member of the review board, a member of a review team, and any person acting as a witness to, incident reporter to, or investigator for the review board or a review team is not liable for any act or proceeding undertaken or performed within the scope of the functions of the review board or review team unless he or she acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

C.R.S. § 24-31-705 Colorado domestic violence fatality review board contracts - grants - cash fund created

24-31-705. Colorado domestic violence fatality review board contracts - grants - cash fund created. (Repealed)

C.R.S. § 24-31-706 Repeal of part

24-31-706. Repeal of part. This part 7 is repealed, effective September 1, 2027. Prior to the repeal of this part 7, the domestic violence fatality review board must be reviewed as provided for in section 2-3-1203.

C.R.S. § 24-31-801 Definitions

24-31-801. Definitions. As used in this part 8, unless the context otherwise requires: (1) "Abuse" means willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical or financial harm or pain or mental anguish, including any acts or omissions that constitute a criminal violation under state law. (2) "Beneficiary" means any individual who receives goods or services from a provider under the medicaid program. (3) "Benefit" means any benefit authorized under the "Colorado Medical Assistance Act". (4) "Claim" means any communication submitted to the medicaid program or to a person that has contracted with the medicaid program, whether oral, written, electronic, or magnetic, that identifies a good, item, or service as reimbursable under the medicaid program; is used to authorize the provision of services under the medicaid program; serves as an invoice for services provided under contract with the medicaid program; or states income or expense and is or may be used to determine a rate of payment under the medicaid program. (5) "Colorado Medical Assistance Act" means articles 4 to 6 of title 25.5. (6) "Exploitation" means the wrongful taking or use of funds or property of a patient residing in a health-care facility or board and care facility that constitutes a criminal violation under state law. (7) "Knowingly" and "willfully" have the same meaning as set forth in section 18-1-501 (6). (8) "Material information" means an assertion or information directly pertaining to a claim, record, statement, or representation that a reasonable person knows or should know will affect the action, conduct, or decision of the person who receives or is intended to receive the asserted information in a manner that would directly or indirectly benefit the person making the assertion. (9) "Medicaid fraud and waste" means any act, by commission or omission, as described in section 24-31-808. (10) "Medicaid program" means the medical assistance program authorized by Title XIX of the federal "Social Security Act" and implemented by the "Colorado Medical Assistance Act". (11) "Neglect" means willful failure to provide goods and services necessary to avoid physical harm, mental anguish, or mental illness, including any neglect that constitutes a criminal violation under state law. (12) "Person" means an individual, public or private institution, corporation, partnership, association, or managed care entity. (13) "Provider" means any person, employee, agent, representative, contractor, or subcontractor of a person: (a) Who has entered into a provider agreement with the department of health care policy and financing to provide goods or services pursuant to the medicaid program; (b) Who has entered into an agreement with a party to such a provider agreement under which the person agrees to provide goods or services that are reimbursable under the medicaid program; (c) Who is reimbursed or receives compensation for delivering, purporting to deliver, or arranging for the delivery of health-care goods or services from the medicaid program; (d) Who is defined as such in section 25.5-4-103 (19); or an agreement with a party to such a provider agreement under which the person agrees to provide goods or services that are reimbursable under the medicaid program; (c) Who is reimbursed or receives compensation for delivering, purporting to deliver, or arranging for the delivery of health-care goods or services from the medicaid program; (d) Who is defined as such in section 25.5-4-103 (19); or (e) Who is defined as such in section 25.5-4-416 (1). (14) "Records" means any medical, professional, or business records relating to the treatment or care of any beneficiary, to goods or services provided to any beneficiary, or to rates paid for goods or services provided to any beneficiary and any records that are required to be kept by the rules of the medicaid program. (15) "Statement or representation" means any oral, written, or electronic communication that is used to identify an item of goods or a service for which reimbursement may be made under the medicaid program or that states income and expense and is or may be used to determine a rate of reimbursement under the medicaid program, that may serve as the basis for the calculation of a payment to a provider, or that may serve as a basis for receiving payment. (16) "Unit" means the medicaid fraud control unit created in section 24-31-802.

C.R.S. § 24-31-802 Medicaid fraud control unit - creation - duties

24-31-802. Medicaid fraud control unit - creation - duties. There is created within the department of law and under the control of the office of the attorney general the medicaid fraud control unit. The unit shall investigate and prosecute fraud, misuse, waste, and abuse committed by medicaid providers and investigate and prosecute cases of patient abuse, neglect, and exploitation.

C.R.S. § 24-31-803 Medicaid fraud reporting

24-31-803. Medicaid fraud reporting. The department of health care policy and financing; the department of public health and environment; managed care entities; and their fiscal agents, contractors, or subcontractors, shall refer all cases where the agency or entity has reasonable cause to believe that there is suspected medicaid fraud and waste as well as patient abuse, neglect, and exploitation to the unit for the purpose of investigation, civil action, or criminal action. Nothing contained in this part 8 prohibits the attorney general from pursuing cases of suspected medicaid fraud and waste or patient abuse, neglect, and exploitation cases absent such a referral.

C.R.S. § 24-31-804 Medicaid fraud control unit - displayed information

24-31-804. Medicaid fraud control unit - displayed information. The department of health care policy and financing may require that a notification be included in any explanation of benefits provided to a beneficiary that explains the process and contact information for reporting to the unit suspected medicaid fraud and waste as well as patient abuse, neglect, and exploitation. Any notification required pursuant to this section must be placed in a conspicuous location within the explanation of benefits and must include a statement that all reports to the unit may be filed anonymously by persons suspecting fraudulent activity.

C.R.S. § 24-31-805 Medicaid fraud control unit authority and responsibilities

24-31-805. Medicaid fraud control unit authority and responsibilities. (1) In carrying out the responsibilities of this section, the unit has the authority to: (a) Investigate and prosecute civil actions and proceedings, pursuant to section 25.5-4-301 (2) or sections 25.5-4-303.5 to 25.5-4-310; (b) Investigate and prosecute criminal medicaid fraud and waste pursuant to this part 8 and title 18; (c) Investigate and prosecute patient abuse, neglect, or exploitation provided that prior to the filing of any criminal charges involving patient abuse, neglect, or exploitation by either complaint or grand jury indictment the unit shall first consult with the district attorney of the judicial district where the prosecution would be initiated. If after such consultation the district attorney agrees with the filing of charges, the unit shall cross-designate the district attorney or his or her designated assistant or deputy district attorney as a special assistant attorney general on the case. If after such consultation the district attorney does not agree with the filing of charges, the unit may file the case independently. (d) Issue or cause to be issued civil investigative demands and subpoenas or other process in aid of investigations and prosecutions; (e) Administer oaths and take sworn statements under penalty of perjury; and (f) Serve and execute, in any county, search warrants that relate to investigations.

C.R.S. § 24-31-806 Civil investigative demands and subpoenas

24-31-806. Civil investigative demands and subpoenas. (1) Civil investigative demands issued pursuant to this part 8 are subject to the requirements of section 25.5-4-309. (2) Subpoenas issued pursuant to this part 8 must comply with the provisions of article 90 of title 13 and any court rule. (3) Any testimony obtained pursuant to a civil investigative demand issued pursuant to this section is not admissible in evidence in any criminal prosecution against the person compelled to testify pursuant to the civil investigative demand. The provisions of this subsection (3) do not prevent the attorney general from independently producing or obtaining the same or similar facts, information, or evidence for use in any criminal prosecution.

C.R.S. § 24-31-807 Provider applications - false statements - penalties

24-31-807. Provider applications - false statements - penalties. (1) Each application to participate as a provider in the medicaid program, including amendments, updates, renewals, or revalidations thereof; each report stating income or expense upon which rates of payment are or may be based; and each invoice for payment for a good or service provided to a beneficiary must contain a statement that all matters stated therein are true and accurate, and the statement must be signed by the individual authorized by the provider. (2) An application under subsection (1) of this section is a public record or instrument as described in section 18-5-102 (1)(d).

C.R.S. § 24-31-808 Medicaid fraud and waste - penalties - definition

24-31-808. Medicaid fraud and waste - penalties - definition. (1) A person commits medicaid fraud and waste when that person knowingly and willfully: (a) With intent to defraud, makes a claim, or causes a claim to be made, knowing the claim contains material information that is false, in whole or in part, by commission or omission; (b) With intent to defraud, makes a statement or representation, or causes a statement or representation to be made, for use in obtaining or seeking to obtain authorization to provide a good or a service, knowing the statement or representation contains material information that is false, in whole or in part, by commission or omission; (c) With intent to defraud, makes a statement or representation, or causes a statement or representation to be made, for use by another in obtaining a good or a service under the medicaid program, knowing the statement or representation contains material information that is false, in whole or in part, by commission or omission; (d) With intent to defraud, makes a statement or representation, or causes a statement or representation to be made, for use in qualifying as a provider of a good or service under the medicaid program, knowing the statement or representation contains material information that is false, in whole or in part, by commission or omission; (e) With intent to defraud, signs or submits, or causes to be signed or submitted, a statement described in section 24-31-807 with the knowledge that the application, report, claim, or invoice for services provided under contract contains material information that is false, in whole or in part, by commission or omission; (f) Except as authorized by law, and without consent of the beneficiary, charges any beneficiary money or other consideration in addition to or in excess of rates of remuneration established under the medicaid program for the services provided to the beneficiary; (g) Having submitted a claim for or received payment for a good or a service under the medicaid program: (I) With the intent to prevent their disclosure and review by representatives of the state or their designees, alters, falsifies, or conceals any records that are necessary to fully disclose the nature of all goods or services for which the claim was submitted, or for which reimbursement was received; destroys or removes such records; or fails to maintain such records as required by law or the rules of the department of health care policy and financing for a period of at least six years following the date on which payment was received; or (II) Alters, falsifies, or conceals any records that are necessary to disclose fully all income and expenditures upon which rates of reimbursements were based, or destroys or removes such records with the intent to prevent their review by representatives of the state or their designees; (h) Makes or causes to be made a statement or representation for use in qualifying as a provider of a good or service under the medicaid program stating that he or she is in compliance with all provisions of section 25.5-4-416, knowing that the statement or representation contains material information that is false, in whole or in part, through commission or omission; or state or their designees; (h) Makes or causes to be made a statement or representation for use in qualifying as a provider of a good or service under the medicaid program stating that he or she is in compliance with all provisions of section 25.5-4-416, knowing that the statement or representation contains material information that is false, in whole or in part, through commission or omission; or (i) Except as authorized by law, and without consent of the beneficiary, recovers or attempts to recover payment from a beneficiary under the medicaid program or from the beneficiary's family or fails to credit the state for payments received from other sources. (2) Absent knowing or willful conduct, a provider is not liable for medicaid fraud and waste committed by a third party. A provider does not knowingly and willfully violate a requirement, standard, or directive contained in written materials issued by the department of health care policy and financing that was not promulgated in accordance with the "State Administrative Procedure Act", article 4 of title 24, unless the provider has actual knowledge of such requirement, standard, or directive at the time of the violation. (3) Medicaid fraud in violation of subsections (1)(a) to (1)(c) or (1)(f) of this section is: (a) A petty offense if the aggregate amount of payments illegally claimed or received is less than three hundred dollars; (b) Repealed. (c) A class 2 misdemeanor if the aggregate amount of payments illegally claimed or received is three hundred dollars or more but less than one thousand dollars; (d) A class 1 misdemeanor if the aggregate amount of payments illegally claimed or received is one thousand dollars or more but less than two thousand dollars; (e) A class 6 felony where the aggregate amount of payments illegally claimed or received is two thousand dollars or more but less than five thousand dollars; (f) A class 5 felony where the aggregate amount of payments illegally claimed or received is five thousand dollars or more but less than twenty thousand dollars; (g) A class 4 felony where the aggregate amount of payments illegally claimed or received is twenty thousand dollars or more but less than one hundred thousand dollars; (h) A class 3 felony where the aggregate amount of payments illegally claimed or received is one hundred thousand dollars or more but less than one million dollars; and (i) A class 2 felony where the aggregate amount of payments illegally claimed or received is one million dollars or more. (4) Medicaid fraud as a violation of subsection (1)(d), (1)(e), (1)(g), (1)(h), or (1)(i) of this section is a class 5 felony and shall be punished as provided in section 18-1.3-401. (5) A person may not be convicted of medicaid fraud and waste in addition to theft or forgery with respect to the same transaction.

C.R.S. § 24-31-809 Unlawful remuneration - penalties

24-31-809. Unlawful remuneration - penalties. (1) Except as provided in subsection (2) of this section, it is unlawful for any person to knowingly offer, pay, solicit, or receive any remuneration including, but not limited to, any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind: (a) In return for the referral of an individual to a person for the furnishing or arranging of any good or service for which payment may be made in whole or in part pursuant to the "Colorado Medical Assistance Act"; or (b) In return for purchasing, leasing, ordering, or arranging for or recommending the purchase, lease, or ordering of any good, facility, service, or item for which payment may be made in whole or in part pursuant to the "Colorado Medical Assistance Act". (2) It shall not be unlawful under subsection (1) of this section if the remuneration obtained by the provider or other entity is: (a) Permitted pursuant to section 25.5-4-414 or any statutory exceptions or safe harbor regulations under the federal "Anti-Kickback Statute", 42 U.S.C. sec. 1320a-7b (b), as amended; (b) Properly disclosed and appropriately reflected in the claims or cost documents submitted under the "Colorado Medical Assistance Act"; (c) Paid by an employer to an employee who has a bona fide employment relationship with such employer for employment in providing the service; or (d) Paid by a vendor of goods or services to a person authorized to act as a purchasing agent for a group of providers, and: (I) The person has a written contract with the providers that specifies the amount to be paid to the person, which amount may be a fixed amount or a fixed percentage of the value of the purchase made by the person; or (II) In the case of a provider of services, the person discloses, in such form and manner as the department of health care policy and financing requires, to the provider and, upon request, to the department of health care policy and financing the amount received from each such vendor with respect to purchases made by or on behalf of the provider. (3) A violation of this section is a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

C.R.S. § 24-31-810 Other remedies available

24-31-810. Other remedies available. (1) The provisions of this part 8 are not intended to be exclusive remedies and do not preclude the use of any other criminal prosecution directly related to criminal medicaid fraud and waste, as well as criminal patient abuse, neglect, and exploitation, or any other civil remedy for any act that is in violation of this part 8. (2) In addition to any penalties provided for in this part 8, a claim under the "Colorado Medical Assistance Act" that includes items or services resulting from a violation of this part 8 or the federal "Anti-Kickback Statute", 42 U.S.C. 1320a-7b (b), as amended, constitutes a false claim for purposes of the "Colorado Medicaid False Claims Act", sections 25.5-4-303.5 to 25.5-4-310.

C.R.S. § 24-31-811 Limitation of action - three years

24-31-811. Limitation of action - three years. An action brought under this part 8 must be commenced within three years after the date of discovery of the commission of the offense, but no later than six years after the date of the commission of the offense. When a violation of this section is based on a series of acts performed at different times, the limitation period starts at the time the last act in the series is discovered.

C.R.S. § 24-31-901 Definitions

24-31-901. Definitions. As used in this part 9, unless the context otherwise requires: (1) "Contact" means an in-person interaction with an individual, whether or not the person is in a motor vehicle, initiated by a peace officer, whether consensual or nonconsensual, for the purpose of enforcing the law or investigating possible violations of the law. "Contact" does not include routine interactions with the public at the point of entry or exit from a controlled area; a non-investigatory and consensual interaction with a member of the public, initiated by a member of the public, unless and until the interaction progresses into an investigation of a possible violation of the law; a motorist assist; undercover interactions; or routine interactions with persons detained in a jail or detention facility. (2) "Demographic information" means race, ethnicity, sex, and approximate age. (2.5) "Exonerated" means dismissal of charges by the court or appropriate prosecutor or a not guilty verdict in a criminal prosecution, a finding of no liability in a civil action, a finding of no culpability or no liability or similar determination in an administrative proceeding, or a finding of not sustained in an internal investigation; except that a finding of no culpability or no liability in an administrative proceeding or a finding of not sustained in an internal investigation does not mean "exonerated" if the officer is found guilty in a subsequent criminal prosecution for the same conduct or found liable for the same conduct in a civil action. (3) "Peace officer" means any person employed by a political subdivision of the state required to be certified by the P.O.S.T. board pursuant to section 16-2.5-102, a Colorado state patrol officer as described in section 16-2.5-114, and any noncertified deputy sheriff as described in section 16-2.5-103 (2). (4) "Physical force" means the application of physical techniques or tactics, chemical agents, or weapons to another person. (4.5) "P.O.S.T. board" means the peace officers standards and training board created in section 24-31-302. (5) "Serious bodily injury" has the same meaning as in section 18-1-901 (3)(p). (6) "Tamper" means to intentionally damage, disable, dislodge, or obstruct the sight or sound or otherwise impair functionality of the body-worn camera or to intentionally damage, delete, or fail to upload some or all portions of the video and audio. (7) "Weapon" means a firearm, long gun, taser, baton, nun chucks, or projectile.

C.R.S. § 24-31-902 Incident recordings - release - tampering - fine

24-31-902. Incident recordings - release - tampering - fine. (1) (a) (I) By July 1, 2023, all local law enforcement agencies in the state and the Colorado state patrol shall provide body-worn cameras for each peace officer of the law enforcement agency who interacts with members of the public. Law enforcement agencies may seek funding pursuant to section 24-33.5-519. (II) (A) Except as provided in subsection (1)(a)(II)(B) or (1)(a)(II)(C) of this section, a peace officer shall wear and activate a body-worn camera or dash camera, if the peace officer's vehicle is equipped with a dash camera, when responding to a call for service, entering into a premises for the purposes of enforcing the law or in response to a call for service, during a welfare check except for a motorist assist, or during any interaction with the public initiated by the peace officer, whether consensual or nonconsensual, for the purpose of enforcing the law or investigating possible violations of the law. The body-worn camera or dash camera does not need to be on when en route to a call for service, but should be turned on shortly before the vehicle approaches the scene. (B) A peace officer may turn off a body-worn camera to avoid recording personal information that is not case related; when working on an unrelated assignment; when there is a long break in the incident; and in administrative, tactical, and management discussions when civilians are not present. (C) A peace officer does not need to wear or activate a body-worn camera if the peace officer is working undercover. (D) The provisions of this subsection (1)(a)(II) do not apply to jail peace officers or staff of a local law enforcement agency working in any place in the jail that has functioning video cameras; except that this subsection (1)(a)(II) applies to jail peace officers when performing a task that requires an anticipated use of force, including cell extractions and restraint chairs. The provisions of this subsection (1)(a)(II) also do not apply to the civilian or administrative staff of the Colorado state patrol or a local law enforcement agency, the executive detail of the Colorado state patrol, and peace officers working in a courtroom. (III) If a peace officer fails to activate a body-worn camera or dash camera as required by this section or tampers with body-worn- or dash-camera footage or operation when required to activate the camera, there is a permissive inference in any investigation or legal proceeding, excluding criminal proceedings against the peace officer, that the missing footage would have reflected misconduct by the peace officer. If a peace officer fails to activate or reactivate his or her body-worn camera as required by this section or tampers with body-worn- or dash-camera footage or operation when required to activate the camera, any statements or conduct sought to be introduced in a prosecution through the peace officer related to the incident that were not recorded due to the peace officer's failure to activate or reactivate the body-worn camera as required by this section or if the statement or conduct was not recorded by other means creates a rebuttable presumption of inadmissibility. Notwithstanding any other provision of law, this subsection (1)(a)(III) does not apply if the body-worn camera was not activated due to a malfunction of the body-worn camera and the peace officer was not aware of the malfunction, or was unable to rectify it, prior to the incident, provided that the law enforcement agency's documentation shows the peace officer checked the functionality of the body-worn camera at the beginning of his or her shift. ubsection (1)(a)(III) does not apply if the body-worn camera was not activated due to a malfunction of the body-worn camera and the peace officer was not aware of the malfunction, or was unable to rectify it, prior to the incident, provided that the law enforcement agency's documentation shows the peace officer checked the functionality of the body-worn camera at the beginning of his or her shift. (IV) (A) In addition to any criminal liability and penalty under the law, if a court, administrative law judge, hearing officer, or a final decision in an internal investigation finds that a peace officer intentionally failed to activate a body-worn camera or dash camera or tampered with any body-worn or dash camera, except as permitted in this section, the peace officer's employer shall impose discipline up to and including termination, to the extent permitted by applicable constitutional and statutory personnel laws and case law. (B) In addition to any criminal liability and penalty under the law, if a court, administrative law judge, hearing officer, or a final decision in an internal investigation finds that a peace officer intentionally failed to activate a body-worn camera or dash camera or tampered with any body-worn or dash camera, except as permitted in this section, with the intent to conceal unlawful or inappropriate actions or obstruct justice, the P.O.S.T. board shall suspend the peace officer's certification for a period of not less than one year and the suspension may only be lifted within the period of the suspension if the peace officer is exonerated by a court, administrative law judge, or internal affairs investigation. (C) In addition to any criminal liability and penalty under the law, if a court, administrative law judge, hearing officer, or a final decision in an internal investigation finds that a peace officer intentionally failed to activate a body-worn camera or dash camera or tampered with any body-worn or dash camera, except as permitted in this section, with the intent to conceal unlawful or inappropriate actions, or obstruct justice, in an incident resulting in a civilian death or serious bodily injury, the P.O.S.T. board shall permanently revoke the peace officer's certification and the revocation may only be overturned if the peace officer is exonerated by a court, administrative law judge, or internal affairs investigation. (b) A local law enforcement agency and the Colorado state patrol shall establish and follow a retention schedule for body-worn camera recordings in compliance with Colorado state archives rules and direction. (2) (a) For all incidents in which there is a complaint of peace officer misconduct by another peace officer, a civilian, or nonprofit organization, through notice to the law enforcement agency involved in the alleged misconduct, the local law enforcement agency or the Colorado state patrol shall release, upon request, all unedited video and audio recordings of the incident, including those from body-worn cameras, dash cameras, or otherwise collected through investigation, to the public within twenty-one days after the local law enforcement agency or the Colorado state patrol received the request for release of the video or audio recordings. cement agency or the Colorado state patrol shall release, upon request, all unedited video and audio recordings of the incident, including those from body-worn cameras, dash cameras, or otherwise collected through investigation, to the public within twenty-one days after the local law enforcement agency or the Colorado state patrol received the request for release of the video or audio recordings. (b) (I) All video and audio recordings depicting a death must be provided upon request to the victim's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative, and such person shall be notified of his or her right, pursuant to section 24-4.1-302.5 (1)(j.8), to receive and review the recording at least seventy-two hours prior to public disclosure. A person seventeen years of age and under is considered incapacitated, unless legally emancipated. (II) (A) Notwithstanding any other provision of this section, any video that raises substantial privacy concerns for criminal defendants, victims, witnesses, juveniles, or informants, including video depicting nudity; a sexual assault; a medical emergency; private medical information; a mental health crisis; a victim interview; a minor, including any images or information that might undermine the requirement to keep certain juvenile records confidential; any personal information other than the name of any person not arrested, cited, charged, or issued a written warning, including a government-issued identification number, date of birth, address, or financial information; significantly explicit and gruesome bodily injury, unless the injury was caused by a peace officer; or the interior of a home or treatment facility, shall be blurred to protect the substantial privacy interest while still allowing public release. Unblurred footage shall not be released without the written authorization of the victim or, if the victim is deceased or incapacitated, the written authorization of the victim's next of kin. A person seventeen years of age and under is considered incapacitated, unless legally emancipated. This subsection (2)(b)(II)(A) does not permit the removal of any portion of the video. (B) If blurring is insufficient to protect the substantial privacy interest, the local law enforcement agency or the Colorado state patrol shall, upon request, release the video to the victim or, if the victim is deceased or incapacitated, to the victim's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative within twenty days after receipt of the complaint of misconduct. In cases in which the recording is not released to the public pursuant to this subsection (2)(b)(II)(B), the local law enforcement agency shall notify the person whose privacy interest is implicated, if contact information is known, within twenty days after receipt of the complaint of misconduct, and inform the person of his or her right to waive the privacy interest. (C) A witness, victim, or criminal defendant may waive in writing the individual privacy interest that may be implicated by public release. Upon receipt of a written waiver of the applicable privacy interest, accompanied by a request for release, the law enforcement agency may not redact or withhold release to protect that privacy interest. erson of his or her right to waive the privacy interest. (C) A witness, victim, or criminal defendant may waive in writing the individual privacy interest that may be implicated by public release. Upon receipt of a written waiver of the applicable privacy interest, accompanied by a request for release, the law enforcement agency may not redact or withhold release to protect that privacy interest. (III) Any video that would substantially interfere with or jeopardize an active or ongoing investigation may be withheld from the public; except that the video shall be released no later than forty-five days from the date of the allegation of misconduct; except that in a case in which the only offenses charged are statutory traffic infractions, the release of the video may be delayed pursuant to rule 8 of the Colorado rules for traffic infractions. In all cases when release of a video is delayed in reliance on this subsection (2)(b)(III), the prosecuting attorney shall prepare a written explanation of the interference or jeopardy that justifies the delayed release, contemporaneous with the refusal to release the video. Upon release of the video, the prosecuting attorney shall release the written explanation to the public. (c) If criminal charges have been filed against any party to the incident, that party must file any constitutional objection to release of the recording in the pending criminal case before the twenty-one-day period expires. Only in cases in which there is a pending criminal investigation or prosecution of a party to the incident, the twenty-one-day period shall begin from the date of appointment of counsel, the filing of an entry of appearance by counsel, or the election to proceed pro se by the defendant, receipt of the criminal complaint, and the defendant's receipt of the video in discovery in the criminal prosecution made on the record before a judge. If the defendant elects to proceed pro se in the criminal case, the court shall advise the defendant of the twenty-one-day deadline for the defendant to file any constitutional objection to release of the recording in the pending criminal case as part of the court's advisement. The court shall hold a hearing on any objection no later than seven days after it is filed and issue a ruling no later than three days after the hearing. The hearing is considered a critical stage as defined in section 24-4.1-302 and gives victims the right to be heard pursuant to section 24-4.1-302.5. (3) Subsection (1)(a)(III) of this section, as it relates to only an officer tampering with body-worn or dash-camera footage or operation, and subsection (2) of this section apply on and after July 6, 2021, when a peace officer is wearing a body-worn camera or the officer's vehicle is equipped with a dash camera. If a peace officer is wearing a body-worn camera or the officer's vehicle is equipped with a dash camera, the remaining portions of this section apply on and after July 1, 2022. This section does not require a law enforcement agency to provide its law enforcement officers with body-worn cameras prior to July 1, 2023.

C.R.S. § 24-31-903 Division of criminal justice report

24-31-903. Division of criminal justice report. (1) Beginning July 1, 2023, the division of criminal justice in the department of public safety shall create an annual report including all of the information that is reported to the division pursuant to subsection (2) of this section, aggregated and broken down by the law enforcement agency that employs peace officers, along with the underlying data. (2) Beginning April 1, 2022, the Colorado state patrol and each local law enforcement agency that employs peace officers shall report to the division of criminal justice the following using data-collection methods developed for this purpose by the division of criminal justice in conjunction with the Colorado bureau of investigation and local law enforcement agencies: (a) All use of force by its peace officers that results in death or serious bodily injury or that involves the use of a weapon, including: (I) The date, time, and location of the use of force; (II) The perceived demographic information of the person contacted, provided that the identification of these characteristics is based on the observation and perception of the peace officer making the contact and other available data; (III) The names of all peace officers who were at the scene, identified by whether the peace officer was involved in the use of force or not; except that the identity of other peace officers at the scene not directly involved in the use of force shall be identified by the officer's identification number issued by the P.O.S.T. board unless the peace officer is charged criminally or is a defendant to a civil suit as a result arising from the use of force; (IV) The type of force used, the severity and nature of the injury, whether the peace officer suffered physical injury, and the severity of the peace officer's injury; (V) Whether the peace officer was on duty at the time of the use of force; (VI) Whether a peace officer unholstered or brandished a weapon during the incident, and, if so, the type of weapon; (VII) Whether a peace officer discharged a weapon during the incident; (VIII) Whether the use of force resulted in a law enforcement agency investigation and the result of the investigation; (IX) Whether the use of force resulted in a civilian complaint and the resolution of that complaint; (X) Whether an ambulance was called to the scene and whether a person was transported to a hospital from the scene whether in an ambulance or other transportation; and (XI) Whether the person contacted exhibited a weapon during the interaction leading up to the injury or death, and, if so, the type of weapon and whether it was discovered before or after the use of force; (b) All instances when a peace officer resigned while under investigation for violating department policy; ted to a hospital from the scene whether in an ambulance or other transportation; and (XI) Whether the person contacted exhibited a weapon during the interaction leading up to the injury or death, and, if so, the type of weapon and whether it was discovered before or after the use of force; (b) All instances when a peace officer resigned while under investigation for violating department policy; (c) All data relating to contacts and entries into a residence, including a forcible entry, conducted by its peace officers, including: (I) The perceived demographic information of the person contacted provided that the identification of these characteristics is based on the observation and perception of the peace officer making the contact and other available data; except that this subsection (2)(c)(I) does not apply to a person contacted who is a witness to a crime or a survivor of a crime; (II) Whether the contact was a traffic stop; (II.5) Whether the contact was a showup, as defined in section 16-1-110 (1)(b); (III) The time, date, and location of the contact; (IV) The duration of the contact; (V) The reason for the contact; (VI) The suspected crime; (VII) The result of the contact, such as: (A) No action, warning, citation, property seizure, or arrest; (B) If a warning or citation was issued, the warning provided or violation cited; (C) If an arrest was made, the offense charged; (D) If the contact was a traffic stop, the information collected, which is limited to the driver; (E) If the contact was a showup, the information collected pursuant to section 16-1-109 (6) for the eyewitness and the subject. (VIII) The actions taken by the peace officer during the contact, including but not limited to whether: (A) The peace officer asked for consent to search the person, and, if so, whether consent was provided; (B) The peace officer searched the person, a vehicle, or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any; (C) The peace officer seized any property and, if so, the type of property that was seized and the basis for seizing the property; (D) A peace officer unholstered or brandished a weapon during the contact, and, if so, the type of weapon; and (E) A peace officer discharged a weapon during the contact; (d) All instances of unannounced entry into a residence, with or without a warrant, including: (I) The date, time, and location of the use of unannounced entry; (II) The perceived demographic information of the subject of the unannounced entry, provided that the identification of these characteristics is based on the observation and perception of the peace officer making the entry and other available data; (III) Whether a peace officer unholstered or brandished a weapon during the unannounced entry, and, if so, the type of weapon; and (IV) Whether a peace officer discharged a weapon during the unannounced entry. (e) The number of officer-involved civilian deaths. (3) The Colorado state patrol and local law enforcement agencies shall not report the name, address, social security number, or other unique personal identifying information of the subject of the use of force, victim of the official misconduct, eyewitness or subject in a showup, or persons contacted, searched, or subjected to a property seizure. Notwithstanding any provision of law to the contrary, the data reported pursuant to this section is available to the public pursuant to subsection (4) of this section. (4) The division of criminal justice shall maintain a statewide database with data collected pursuant to this section, in a searchable format, and publish the database on its website. (5) The Colorado state patrol and any local law enforcement agency that fails to meet its reporting requirements pursuant to this section is: (a) Subject to the suspension of its funding by its appropriating authority; and division of criminal justice shall maintain a statewide database with data collected pursuant to this section, in a searchable format, and publish the database on its website. (5) The Colorado state patrol and any local law enforcement agency that fails to meet its reporting requirements pursuant to this section is: (a) Subject to the suspension of its funding by its appropriating authority; and (b) Unless the Colorado state patrol or local law enforcement agency is working with the division of criminal justice to meet its reporting requirements pursuant to this section, not eligible to be awarded grants under the multidisciplinary crime prevention grant program in section 24-33.5-527, the law enforcement workforce recruitment, retention, and tuition grant program in section 24-33.5-528, or the state's mission for assistance in recruiting and training (SMART) policing grant program in section 24-33.5-529.

C.R.S. § 24-31-904 Peace officer certification discipline

24-31-904. Peace officer certification discipline. (1) (a) Notwithstanding any provision of law, the P.O.S.T. board shall permanently revoke a peace officer's certification if: (I) The P.O.S.T. certified peace officer is convicted of or pleads guilty or nolo contendere to a crime involving the unlawful use of physical force or a crime involving the failure to intervene in the use of unlawful force and the incident resulted in serious bodily injury or death to another person; (II) The P.O.S.T. certified peace officer is found civilly liable for the use of unlawful physical force, or is found civilly liable for failure to intervene in the use of unlawful force and the incident resulted in serious bodily injury or death to another person; (III) An administrative law judge, hearing officer, or internal investigation finds that a peace officer used unlawful physical force, failed to intervene, or violated section 18-1-707, and the incident resulted in serious bodily injury or death to another person; (IV) An administrative law judge, hearing officer, or internal investigation finds that a peace officer failed to intervene pursuant to section 18-8-805 (5) and the incident resulted in death to another person; or (V) An administrative law judge, hearing officer, or internal investigation finds that a peace officer violated section 18-8-805 (1) or (2)(a)(I) and the incident resulted in death to another person. (b) The P.O.S.T. board shall not, under any circumstances, reinstate the peace officer's certification or grant new certification to the peace officer unless the peace officer is exonerated by an administrative law judge, hearing officer, or court. The P.O.S.T. board shall record each peace officer whose certification is revoked pursuant to this section in the database created pursuant to section 24-31-303 (1)(r). (2) (a) Notwithstanding any provision of law, the P.O.S.T. board shall suspend a peace officer's certification for at least a year if: (I) The P.O.S.T. certified peace officer is convicted of or pleads guilty or nolo contendere to a crime involving the unlawful use or threatened use of physical force or a crime involving the failure to intervene in the use of unlawful force and the incident did not result in serious bodily injury or death to another person; (II) The P.O.S.T. certified peace officer is found civilly liable for the use or threatened use of unlawful physical force, or is found civilly liable for failure to intervene in the use of unlawful force and the incident did not result in serious bodily injury or death to another person; (III) An administrative law judge, hearing officer, or internal investigation finds that a peace officer used or threatened to use unlawful physical force, failed to intervene, or violated section 18-1-707, and the incident did not result in serious bodily injury or death to another person; or (IV) An administrative law judge, hearing officer, or internal investigation finds that a peace officer failed to intervene pursuant to section 18-8-805 (5), or violated section 18-8-805 (1) or (2)(a)(I), and the incident did not result in death to another person. (b) The P.O.S.T. board shall reinstate the peace officer's certification if the peace officer is exonerated by an administrative law judge, hearing officer, or court. (3) Notwithstanding this section, the P.O.S.T. board shall not suspend or revoke a peace officer's certification based on a final decision of an internal investigation unless and until subsections (3)(a) and (3)(b) of this section are complied with, no later than one hundred eighty days after the date the law enforcement agency reports an incident to the P.O.S.T. board: hearing officer, or court. (3) Notwithstanding this section, the P.O.S.T. board shall not suspend or revoke a peace officer's certification based on a final decision of an internal investigation unless and until subsections (3)(a) and (3)(b) of this section are complied with, no later than one hundred eighty days after the date the law enforcement agency reports an incident to the P.O.S.T. board: (a) The law enforcement agency that employs or employed the peace officer shall notify the P.O.S.T. board upon any sustained findings of subsection (1)(a)(III) or (2)(a)(III) of this section, in a manner designated by the P.O.S.T. board. Upon receipt of the notification, the P.O.S.T. board shall notify the certificate holder of the certificate holder's right to request a hearing. Upon request of the P.O.S.T. board, the reporting agency shall provide relevant documents related to the sustained findings of subsection (1)(a)(III) or (2)(a)(III) of this section. For the purposes of this subsection (3), the records of any law enforcement agency that are submitted for review by the P.O.S.T. board remain the property of the reporting law enforcement agency and are not subject to public release by the P.O.S.T. board. (b) The certificate holder must request a hearing within thirty days after receipt of the P.O.S.T. board's notification. Upon the request by the certificate holder, the P.O.S.T. board shall refer the matter to an administrative law judge, who shall conduct a hearing in compliance with sections 24-4-104 and 24-4-105 to determine if the officer engaged in the alleged conduct. (c) If the certificate holder either does not request a hearing or requests a hearing and the administrative law judge determines, after conducting the hearing pursuant to the rules of the P.O.S.T. board and in compliance with sections 24-4-104 and 24-4-105, that the certificate holder violated subsection (1)(a)(III) or (2)(a)(III) of this section, the P.O.S.T. board shall revoke or suspend the peace officer's certification pursuant to subsection (1)(a) or (2)(a) of this section. (4) The P.O.S.T. board has the authority to permanently revoke or suspend the certification of any peace officer who enters into a deferred judgement, deferred prosecution, or diversion agreement for a crime involving the unlawful use of physical force or a crime involving the failure to intervene in the unlawful use of force.

C.R.S. § 24-31-905 Prohibited law enforcement action in response to protests

24-31-905. Prohibited law enforcement action in response to protests. (1) In response to a protest or demonstration, a law enforcement agency and any person acting on behalf of the law enforcement agency shall not: (a) Discharge kinetic impact projectiles and all other non- or less-lethal projectiles in a manner that targets the head, pelvis, or back; (b) Discharge kinetic impact projectiles indiscriminately into a crowd; or (c) Use chemical agents or irritants, including pepper spray and tear gas, prior to issuing an order to disperse in a sufficient manner to ensure the order is heard and repeated if necessary, followed by sufficient time and space to allow compliance with the order.

C.R.S. § 24-31-906 Retaliation against whistleblower officers prohibited

24-31-906. Retaliation against whistleblower officers prohibited. (1) A peace officer's employer or the employer's agent shall not discharge; discipline; demote; deny a promotion, transfer, or reassign; discriminate against; harass; or threaten a peace officer's employment because the peace officer disclosed information that shows: (a) A danger to public health or safety; or (b) A violation of law or policy committed by another peace officer. (2) No later than January 1, 2022, all law enforcement agencies that employ P.O.S.T.-certified peace officers shall provide a training available to employees, a workplace posting, or both regarding the requirements of this section. If the law enforcement agency provides a posting, the law enforcement agency shall place the posting in an area that is readily accessible to all employees and printed in a readable format. For new employees hired after the date of the training for existing employees, the law enforcement agency shall provide the training during the employee's orientation. (3) An employee or agent of a law enforcement agency that knowingly or intentionally violates subsection (1) of this section shall be disciplined appropriately by the law enforcement agency.

C.R.S. § 24-31-907 Prohibited use of "excited delirium" - definition

24-31-907. Prohibited use of "excited delirium" - definition. (1) (a) A person or entity conducting a training program for peace officers, as described in section 16-2.5-101 (1), or other first responders shall not include any training on or reference to the term "excited delirium" in any training program. A peace officer, as described in section 16-2.5-101 (1), law enforcement agency, or other organization shall not report to the P.O.S.T. board, created in section 24-31-302, a course that contains the concept of excited delirium for credit toward any training required by sections 24-31-303 (1), 24-31-315, or any rule promulgated by the P.O.S.T. board. Nothing in this section prohibits the instruction of, or reporting to the P.O.S.T. board for training credit, courses that include the safe and effective interaction with individuals exhibiting an altered mental state, including symptomatology of a state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity from pain. (b) A peace officer shall not use the term "excited delirium" to describe an individual in an incident report completed by a peace officer. A peace officer may describe the characteristics of an individual's conduct but shall not generally describe the individual's demeanor, conduct, or physical or mental condition at issue as "excited delirium". (2) For purposes of this section, "excited delirium" means a term used to describe a person's state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain that is not listed in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders. "Excited delirium" also includes excited delirium syndrome, hyperactive delirium, agitated delirium, and exhaustive mania.

C.R.S. § 24-31-1101 Financial empowerment office - creation - director

24-31-1101. Financial empowerment office - creation - director. (1) There is hereby created in the department of law the financial empowerment office, the head of which is the director of the office. The financial empowerment office and the director of the office shall exercise their powers and perform their duties and functions under the department of law as if transferred to the department by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of this title 24. (2) The director of the financial empowerment office shall be appointed by the attorney general. The director may hire staff as necessary to perform the duties and functions of the office. The office shall also consist of a manager who shall be appointed by the director.

C.R.S. § 24-31-1102 Financial empowerment office - purpose - duties

24-31-1102. Financial empowerment office - purpose - duties. (1) The purpose of the financial empowerment office is to grow the financial resilience and well-being of Coloradans through community-derived goals and strategies, including but not limited to: (a) Expanding access to safe and affordable banking; (b) Increasing access to safe, affordable, low-cost credit offered at costs that do not exceed the finance charges permitted by Colorado law; (c) Expanding access to free individual financial counseling and coaching; (d) Expanding community wealth-building strategies; and (e) Identifying barriers to financial empowerment and financial stability. (2) The financial empowerment office may partner with state and federal agencies, local governments, tribal nations, community organizations, financial institutions, local service providers, philanthropic organizations, and other organizations as necessary to achieve the purposes of the office. In furtherance of achieving the purposes of the office, subject to available appropriations, the office may develop or promote new or existing: (a) Methods, programs, and policies to increase access to safe and affordable financial products; (b) Tools and resources that advance, increase, and improve Colorado residents' financial management, including strategies for debt management and reduction, increasing savings, and creating and retaining assets that promote personal financial stability; (c) Community-informed strategies that dismantle systemic barriers to building ownership and wealth for all, especially low-income communities and communities of color; and (d) Tools that promote financial stability such as those that assist with service navigation, eviction avoidance, or connections to income supports. (3) The financial empowerment office shall, subject to available appropriations: (a) Support the organization of local community efforts to define and lead tailored financial resilience strategies based on local context, priorities, and expertise from those serving these communities. Stakeholders may include but are not limited to representatives of older adults, younger adults, communities of color, underbanked and unbanked Coloradans, immigrants, Coloradans of low income, banks, credit unions, local service providers, local government agencies, and philanthropic organizations. (b) Align, support, and build ties among the numerous and diverse efforts to build financial education and well-being in communities across Colorado; (c) Establish a council comprised of financial institutions, the office of the state treasurer, local and state officials, tribal nations, philanthropic and community organizations, and other organizations or persons determined by the director to assist the director in defining, identifying, creating, expanding, and increasing access to ownership, financial well-being, and safe and affordable banking and financial services that help improve the financial stability of unbanked and underbanked individuals and families and to assist the director in identifying products and practices that may undermine financial stability. At no point shall the majority of council members be representative of or have ties to the financial services industry and every effort shall be made to include representatives of under-represented communities. (d) Work with stakeholders to increase access to safe and affordable credit-building loans and financial products; (e) Work with state authorities and other stakeholders to expand access to safe and affordable banking products with low fees and easy account access, as well as safe and affordable credit-building loans offered by financial service providers licensed in Colorado at costs that do not exceed the finance charges permitted by Colorado law; (f) Work with stakeholders to identify products and practices that may undermine financial stability; stakeholders to expand access to safe and affordable banking products with low fees and easy account access, as well as safe and affordable credit-building loans offered by financial service providers licensed in Colorado at costs that do not exceed the finance charges permitted by Colorado law; (f) Work with stakeholders to identify products and practices that may undermine financial stability; (g) Develop technical assistance to launch or expand financial coaching and counseling efforts locally; (h) Track community feedback on consumer financial abuses permitting the accused business thirty days to respond prior to any public disclosure, and coordinate with the consumer protection division within the department of law and the department of regulatory agencies to connect consumers with existing resources and educate the public on their related consumer rights. (4) The financial empowerment office has no independent examination or regulatory authority, but nothing in this part 11 shall be construed to limit the authorities of the attorney general, the administrator designated in section 5-6-103, or the department of regulatory agencies. (5) The department of law shall annually report on the state of affordable banking access in Colorado, the activities of the office of financial empowerment, and local partnerships in implementing the objectives of the office as a part of its presentation to its committee of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". The report shall address access to secure, safe, and affordable financial products, including: (a) Geographic and racial equity considerations; (b) An examination of existing financial products regulated by the state of Colorado and other financial products that are being offered within Colorado; (c) Recommendations for reforms that would encourage greater access to secure, safe, and affordable financial products or would provide better protections to consumers; and (d) An examination of local financial empowerment work and the impact on economic security and mobility of residents.

C.R.S. § 24-31-1201 Short title

24-31-1201. Short title. The short title of this part 12 is the "Colorado False Claims Act".

C.R.S. § 24-31-1202 Definitions

24-31-1202. Definitions. As used in this part 12, unless the context otherwise requires: (1) (a) "Claim" means a request or demand, whether under a contract or otherwise, for money or property and whether or not the state or a political subdivision has title to the money or property, that is: (I) Presented to an officer, employee, or agent of the state or political subdivision; or (II) Made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the state's or political subdivision's behalf or to advance a government program or interest, and if the state or political subdivision: (A) Provides or has provided any portion of the money or property requested or demanded; or (B) Will reimburse such contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded. (b) "Claim" includes the failure to pay or the underpayment of an obligation owed to the state. (c) "Claim" does not include a request or demand for money or property that the state or a political subdivision has paid: (I) To an individual as compensation for employment by the state or political subdivision; (II) As an income subsidy with no restrictions on that individual's use of the money or property; (III) To an individual as part of a government assistance program in an amount less than ten thousand dollars in a calendar year; or (IV) To a person under the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5. (2) "Department" means the department of law. (3) "Fund" means the false claims recovery cash fund created in section 24-31-1209. (4) (a) "Knowing" or "knowingly" mean that a person, with respect to information about a claim: (I) Has actual knowledge of the falsity of the information; (II) Acts in deliberate ignorance of the truth or falsity of the information; or (III) Acts in reckless disregard of the truth or falsity of the information. (b) "Knowing" or "knowingly" does not require proof of specific intent to defraud. A person who acts merely negligently with respect to information is not deemed to have acted knowingly, unless the person acts with reckless disregard of the truth or falsity of the information. (5) "Material" means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. (6) "Obligation" means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship; from a fee-based or similar relationship; from statute or regulation; or from the retention of any overpayment. (7) "Person" means any individual, corporation, business trust, estate, trust, limited liability company, partnership, association, or other nongovernmental legal entity. (8) "Political subdivision" has the same meaning as set forth in section 24-72-202. (9) "Proceeds" means all money, property, damages, double damages, treble damages, civil penalties, and payments for costs of compliance, including reasonable costs and attorney fees, realized by the state whether as a result of any settlement of or judgment entered in any action brought pursuant to this part 12.

C.R.S. § 24-31-1203 False claims - civil liability for certain acts - penalty - exception

24-31-1203. False claims - civil liability for certain acts - penalty - exception. (1) Subject to subsection (2) of this section and except as otherwise provided in subsection (5) of this section, a person is liable to the state for a civil penalty of not less than eleven thousand eight hundred dollars and not more than twenty-three thousand six hundred dollars per violation, plus three times the amount of damages that the state sustains because of the act of that person, if that person: (a) Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval; (b) Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim; (c) Has possession, custody, or control of property or money used, or to be used, by the state or political subdivision and knowingly delivers, or causes to be delivered, less than all of the money or property; (d) Authorizes the making or delivery of a document certifying receipt of property used, or to be used, by the state or political subdivision and, with the intent to defraud the state or political subdivision, makes or delivers the receipt without completely knowing that the information on the receipt is true; (e) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the state or political subdivision who lawfully may not sell or pledge the property; (f) Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit money or property to the state or political subdivision, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the state or political subdivision; (g) Knowingly makes, uses, or causes to be made or used, a false record or statement resulting in the underpayment of premiums owed to the unemployment compensation fund established in section 8-77-101 or in the payment of unemployment insurance benefits of more than fifteen thousand dollars in a calendar year; or (h) Conspires to commit a violation of subsections (1)(a) to (1)(g) of this section. (2) (a) Notwithstanding the amount of damages authorized in subsection (1) of this section, for a person who violates subsection (1) of this section, the court may assess reduced damages and penalties as described in subsection (2)(b) or (2)(c) of this section if the court finds that: (I) The person who committed the violation furnished to the officials of the state or political subdivision responsible for investigating false claims violations all information about the violation known to the person and furnished said information within thirty days after the date on which the person first learned of a potential violation; (II) At the time the person furnished the information about the violation to the officials of the state or political subdivision, the person did not have actual or constructive knowledge of the existence of an investigation into the violation; and (III) The person fully cooperated with any investigation of the violation by the state. (b) If a person described in subsection (2)(a) of this section furnished information about the violation to the officials of the state or political subdivision before a criminal prosecution, civil action, or administrative action was commenced with respect to the violation, the court shall assess one and one-half the amount of actual damages resulting from the false claim, including interest from the date of the fraud to the date of full repayment of all damages, that the state or political subdivision sustains because of the violation and a civil penalty of not less than five thousand nine hundred dollars and not more than eleven thousand eight hundred dollars per violation. shall assess one and one-half the amount of actual damages resulting from the false claim, including interest from the date of the fraud to the date of full repayment of all damages, that the state or political subdivision sustains because of the violation and a civil penalty of not less than five thousand nine hundred dollars and not more than eleven thousand eight hundred dollars per violation. (c) If a person described in subsection (2)(a) of this section furnished information about the violation to the officials of the state while a criminal prosecution, civil action, or administrative action concerning the violation was under seal pursuant to section 24-31-1204 (3)(b), the court shall assess double the amount of actual damages resulting from the false claim, including interest from the date of the fraud to the date of full repayment of all damages, that the state or political subdivision sustains because of the violation and a civil penalty of not less than seven thousand eight hundred dollars and not more than fifteen thousand seven hundred dollars per violation. (d) The attorney general may determine whether a person meets the criteria described in subsection (2)(a) of this section and submit the determination and reasoning to the court, which the court may consider when making a finding as to whether the person satisfies the criteria described in subsection (2)(a) of this section. (3) Any information furnished pursuant to subsection (2) of this section is exempt from disclosure pursuant to the "Colorado Open Records Act", part 2 of article 72 of this title 24. (4) A person who violates this section is also liable to the state for reasonable attorney fees and the costs incurred during the enforcement of this part 12. (5) This section does not apply to claims, records, or statements made pursuant to title 39. (6) (a) The maximum and minimum amounts for the civil penalties described in this section must be adjusted for inflation on July 1, 2023, and each July 1 thereafter. The adjustment made pursuant to this subsection (6) must be rounded upward or downward to the nearest ten-dollar increment. The secretary of state shall certify the adjusted maximum and minimum amounts for civil penalties within fourteen days after the appropriate information is available. (b) For each action brought pursuant to this part 12, the applicable minimum and maximum amounts for a civil penalty are the amounts in effect on the date the cause of action accrues. (c) As used in this section, "inflation" means the annual percentage change in the Denver-Aurora-Lakewood consumer price index, or its applicable successor index, published by the United States department of labor bureau of labor statistics. (7) For accounting purposes, a fine or penalty received by the state pursuant to this part 12 is a damage award. (8) (a) Subject to section 24-31-1204 (4)(e), if the attorney general has authority to bring or intervene in a civil action pursuant to this part 12, the attorney general may accept from a person alleged to have violated subsection (1) of this section, in lieu of or as a part of a civil action, an assurance of discontinuance or a consent order approved by a court of competent jurisdiction of the alleged violation of this part 12. The assurance or consent order may include a stipulation for the voluntary payment by the alleged violator of any relief authorized by this part 12, including payment for investigation and litigation costs incurred by the attorney general or private person who brought an action pursuant to section 24-31-1204 (3), and actual damages resulting from the false claim plus any authorized multiplier, interest, and civil money penalty. may include a stipulation for the voluntary payment by the alleged violator of any relief authorized by this part 12, including payment for investigation and litigation costs incurred by the attorney general or private person who brought an action pursuant to section 24-31-1204 (3), and actual damages resulting from the false claim plus any authorized multiplier, interest, and civil money penalty. (b) An assurance of discontinuance or consent order accepted by the attorney general precludes a separate action pursuant to section 24-31-1204 (3) by any person based on the same factual circumstances, except for an action based on a violation of the assurance of discontinuance or consent order. (c) An assurance of discontinuance accepted by the attorney general and any consent order filed with the court as a part of an action is a matter of public record unless the attorney general determines, at the attorney general's discretion, that it is confidential to the parties to the action or proceeding and to the court and its employees. Upon the filing of a civil action or a motion or petition in a pending civil action by the attorney general alleging that a person has violated a confidential assurance of discontinuance or consent order accepted pursuant to this subsection (8), the assurance of discontinuance or consent order is a public record and open to inspection by any person. (d) Proof by a preponderance of the evidence of a violation of an assurance or stipulation or consent order is prima facie evidence of a violation for the purposes of any civil action or proceeding brought by the attorney general after the alleged violation of the assurance or stipulation or consent order, whether a new action or a motion or petition in a pending action or proceeding.

C.R.S. § 24-31-1204 Civil actions for false claims - claims for retaliation - definitions

24-31-1204. Civil actions for false claims - claims for retaliation - definitions. (1) Responsibility of attorney general. (a) The attorney general shall diligently investigate a violation of section 24-31-1203. If the attorney general finds that a person has violated or is violating section 24-31-1203, the attorney general may bring a civil action against the person pursuant to this section. (b) In any action brought pursuant to this part 12 in which the attorney general is a party, either as the plaintiff or as an intervenor, the court may dismiss the action upon motion of the attorney general following the notice and opportunity for a hearing pursuant to subsection (4)(b)(I) of this section. In determining whether to file a motion to dismiss, the attorney general shall consider the severity of the false claim, program or population impacted by the false claim, duration of the fraud, weight and materiality of the evidence, other means to make the program whole, and other factors the attorney general deems relevant. The attorney general's decision-making process concerning a motion to dismiss and any records related to the decision-making process are not discoverable in any action. (2) Role of the office of the state auditor. (a) Notwithstanding any other state law requiring the state auditor to keep information confidential, if in the course of its audit authority, the office of the state auditor identifies information of potential false claims submitted to the state or a political subdivision, the state auditor may share any information with the attorney general or the political subdivision. The state auditor may participate, with the consent of the attorney general, in any subsequent investigation or prosecution of that false claim. (b) If the state auditor elects to participate in any investigation and prosecution of a false claim, the state auditor's interests will be represented by the attorney general. (3) Actions by private persons. (a) A person may bring a civil action for a violation of section 24-31-1203 for the person and for the state. The action must be brought in the name of the state. The court shall not dismiss an action upon motion of the private person who brought the action unless the attorney general gives written consent to the dismissal and reasons for consenting. (b) (I) A person who brings an action shall serve on the state, pursuant to rule 4 of the Colorado rules of civil procedure, a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses; except that the person shall not disclose any evidence or information that the person reasonably believes is protected by the defendant's attorney-client privilege unless the privilege was waived, inadvertently or otherwise, by the person who holds the privilege; an exception to the privilege applies; or disclosure of the information is permitted by an attorney pursuant to 17 CFR 205.3 (d)(2), the applicable Colorado rules of professional conduct, or otherwise. The complaint must be filed in camera, must remain under seal for at least sixty-three days, and must not be served on the defendant until the court so orders. The state may elect to intervene and proceed with the action within sixty-three days after it receives both the complaint and the material evidence and information. (II) In determining whether to intervene and proceed with an action pursuant to this subsection (3)(b), the attorney general shall consider the factors described in subsection (1)(b) of this section. The attorney general's decision-making process concerning whether to intervene and any records related to the decision-making process are not discoverable in any action. ial evidence and information. (II) In determining whether to intervene and proceed with an action pursuant to this subsection (3)(b), the attorney general shall consider the factors described in subsection (1)(b) of this section. The attorney general's decision-making process concerning whether to intervene and any records related to the decision-making process are not discoverable in any action. (c) The state may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal pursuant to subsection (3)(b) of this section. The motion may be supported by affidavits or other submissions in camera. The defendant is not required to respond to any complaint filed pursuant to this section until twenty-one days after the complaint is unsealed and served upon the defendant pursuant to rule 4 of the Colorado rules of civil procedure. (d) Before the expiration of the sixty-three-day period pursuant to subsection (3)(b) of this section and any extensions obtained pursuant to subsection (3)(c) of this section, the state shall: (I) Proceed with the action, in which case the state shall conduct the action; or (II) Notify the court that it declines to take over the action, in which case the person who brought the action has the right to continue the action. (e) When a person brings an action pursuant to this subsection (3), only the state may intervene or bring a related action based on the facts underlying the pending action. (f) Any information provided by a person to the state pursuant to this subsection (3) is exempt from disclosure pursuant to the "Colorado Open Records Act", part 2 of article 72 of this title 24. (4) Rights of parties to private actions. (a) If the state proceeds with an action brought pursuant to subsection (3) of this section, it has the primary responsibility for prosecuting the action and is not bound by an act of the person who brought the action. The person has the right to continue as a party to the action, subject to the limitations set forth in subsection (3)(b) of this section. (b) (I) The state may, at any time, dismiss the action, in whole or in part, notwithstanding the objections of the person who brought the action if the person has been notified by the state of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion. (II) The state may settle the action with the defendant notwithstanding the objections of the person who brought the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, the court may hold the hearing in camera. (III) Upon a showing by the state that unrestricted participation during the course of the litigation by the person who brought the action would interfere with or unduly delay the state's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, including but not limited to: (A) Limiting the number of witnesses the person may call; (B) Limiting the length of the testimony of the witnesses called by the person; (C) Limiting the person's cross-examination of witnesses; and (D) Otherwise limiting the participation by the person in the litigation. (IV) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person who brought the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation as described in subsection (4)(b)(III) of this section. the person in the litigation. (IV) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person who brought the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation as described in subsection (4)(b)(III) of this section. (c) The fact that the state has elected not to proceed with an action is not a basis for a motion to dismiss, motion for determination of a question of law, or motion for summary judgment, nor is it a basis to deny the court jurisdiction over the action, but if the attorney general submits to the court the attorney general's reasons for not proceeding with the action, the court may consider the reasons when deciding a motion or whether the court has jurisdiction. If the state so requests, it must be served with copies of all pleadings filed in the action and, at the state's expense, be supplied with copies of all deposition transcripts. When the person proceeds with the action, the court, without limiting the status and rights of the person, may nevertheless permit the state to intervene at a later date upon a showing of good cause. (d) Regardless of whether the state proceeds with the action, upon a showing by the state or political subdivision that certain actions of discovery by the person who brought the action would interfere with the state's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay the discovery for a period of not more than sixty-three days. The showing by the state must be conducted in camera. The court may extend the sixty-three-day period upon a further showing that the state has pursued the criminal or civil investigation or proceedings with reasonable diligence and that any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings. (e) Notwithstanding subsection (3) of this section, the state may elect to pursue its claim through any alternate remedy available to the state. If an alternate remedy is pursued in another proceeding, the person who brought the action pursuant to subsection (3) of this section has the same rights in that proceeding as the person would have had if the action had continued pursuant to this section. Any finding of fact or conclusion of law made in the other proceeding that has become final is binding on all parties to an action brought pursuant to this section. For purposes of this subsection (4)(e), a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the state, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review. ecome final is binding on all parties to an action brought pursuant to this section. For purposes of this subsection (4)(e), a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the state, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review. (5) Award to a person who brings an action. (a) (I) Subject to subsection (5)(a)(II) of this section, if the state proceeds with an action brought by a person pursuant to subsection (3) of this section, the court shall award the person at least fifteen percent but not more than twenty-five percent of the proceeds received from the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the investigation and prosecution of the action. (II) If the court finds the action to be based primarily on disclosures of specific information, other than information provided by the person who brought the action, relating to allegations or transactions in a criminal, civil, or administrative hearing; in a legislative, administrative, or formal audit report, hearing, or investigation; or from the news media, the court may award to the person such sums as it considers appropriate but in no case more than ten percent of the proceeds. In making its determination, the court shall consider the significance of the information provided by the person and the role of the person in advancing the case to litigation. (III) Any payment to a person made pursuant to this subsection (5)(a) must be made from the proceeds. In addition to an award made pursuant to subsection (5)(a)(I) or (5)(a)(II) of this section, the court shall award the person an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney fees and costs. The court shall award all of the expenses, fees, and costs against the defendant. (IV) If the person who brought the action is a government employee who, in the course of the person's work for the state gains knowledge of any information that forms, in whole or in part, the basis of the person's claim, the court shall award to the state that employs the person the amount that would otherwise be awarded to the person pursuant to this subsection (5). (b) If the state does not intervene in and proceed with an action pursuant to subsection (3)(b) of this section, the person prevailing in the action or settling the claim must receive an amount that the court decides is reasonable for collecting the civil penalty and damages. The amount must be at least twenty-five percent but not more than thirty percent of the proceeds received from the action or settlement and must be paid out of the proceeds. The court shall award the person an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney fees and costs. The court shall award all of the expenses, fees, and costs against the defendant. at least twenty-five percent but not more than thirty percent of the proceeds received from the action or settlement and must be paid out of the proceeds. The court shall award the person an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney fees and costs. The court shall award all of the expenses, fees, and costs against the defendant. (c) Regardless of whether the state intervenes in and proceeds with an action pursuant to subsection (3)(b) of this section, if the court finds that the action was brought by a person who planned and initiated the violation of section 24-31-1203 upon which the action was brought, the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action that the person would otherwise receive pursuant to this subsection (5), taking into account the role of the person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person is convicted of criminal conduct arising from his or her role in the violation of section 24-31-1203, the court shall dismiss the person from the civil action and the person must not receive any share of the proceeds of the action. Such dismissal does not prejudice the right of the state to continue the action. (d) If the state does not intervene in and proceed with an action pursuant to subsection (3)(b) of this section and the person who brought the action pursues the action, the court may award to the defendant reasonable attorney fees and expenses if the defendant prevails in the action and the court finds that the claim of the person was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment. (6) Certain actions barred. (a) A court does not have jurisdiction over an action brought pursuant to this section: (I) Against a serving member of the general assembly, a member of the state judiciary, an executive director of a state agency, or an elected official in the executive branch of the state of Colorado acting in the member's, executive director's, or official's official capacity; (II) Against a serving elected official of a political subdivision, a member of a political subdivision's judiciary, or an appointed official of a political subdivision acting in the member's or official's official capacity; or (III) If the action is brought by a person pursuant to subsection (3) of this section and is based on evidence or information known to the state when the action was brought. (b) A person may not bring an action pursuant to subsection (3) of this section that is based upon allegations or transactions that are the subject of a civil suit in a court of this state or an administrative civil money penalty proceeding in which the state is already a party. subsection (3) of this section and is based on evidence or information known to the state when the action was brought. (b) A person may not bring an action pursuant to subsection (3) of this section that is based upon allegations or transactions that are the subject of a civil suit in a court of this state or an administrative civil money penalty proceeding in which the state is already a party. (c) (I) A court shall dismiss an action or claim brought pursuant to subsection (3) of this section if the action pursued by the person is based upon substantially the same allegations or transactions publicly disclosed in a criminal, civil, or administrative hearing; in a legislative, administrative, or formal audit report, hearing, or investigation; or from the news media, unless: (A) The state intervenes and prosecutes the action pursuant to subsection (3)(b) of this section; (B) The state opposes dismissal; or (C) The person who brought the action is an original source of the information that is the basis for the action. (II) As used in this subsection (6)(c), "original source" means an individual who: (A) Prior to public disclosure pursuant to subsection (6)(c)(I) of this section, has voluntarily disclosed to the state the information on which the allegations or transactions in a claim are based; or (B) Has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions and has voluntarily provided the information to the state before filing an action pursuant to subsection (3) of this section. (7) State not liable for certain expenses. The state is not liable for expenses that a person incurs in bringing an action pursuant to subsection (3) of this section. (8) Private action for retaliation. (a) As used in this subsection (8), unless the context otherwise requires: (I) "Confidential information" includes documents; e-mails and other electronic data; medical records; financial records; trade secret information; intellectual property; or information that is subject to an employment agreement, confidentiality agreement, or nondisclosure agreement or for which the person who brought the action pursuant to subsection (3) of this section has a fiduciary obligation to maintain as confidential. Confidential information does not include information that is protected by the defendant's attorney-client privilege unless the privilege was waived, inadvertently or otherwise, by the person who holds the privilege; an exception to the privilege applies; or disclosure of the information is permitted by an attorney pursuant to 17 CFR 205.3 (d)(2), the applicable Colorado rules of professional conduct, or otherwise. (II) "Lawful acts" includes, but is not limited to, the following: (A) Conducting or assisting with an investigation for, initiation of, testimony for, or assistance in an action filed or to be filed pursuant to this section, or conducting or assisting with an investigation when there is a reasonable belief of a potential violation of this section; (B) Meeting with potential or retained counsel or agents or representatives of the state about the matter that is the subject of an action filed or to be filed pursuant to this section; (C) Providing the individual's counsel or agents or representatives of the state with confidential information; or (D) Filing an action pursuant to this section. belief of a potential violation of this section; (B) Meeting with potential or retained counsel or agents or representatives of the state about the matter that is the subject of an action filed or to be filed pursuant to this section; (C) Providing the individual's counsel or agents or representatives of the state with confidential information; or (D) Filing an action pursuant to this section. (b) An employee, contractor, or agent is entitled to all relief necessary to make that individual whole if the individual is discharged, demoted, suspended, threatened, harassed, intimidated, sued, defamed, blacklisted, or in any other manner retaliated against or discriminated against in the terms and conditions of the individual's employment, contract, business, or profession by the defendant or by any other person because of lawful acts done by the individual or associated others in furtherance of an action brought pursuant to this section or in furtherance of an effort to stop any violation, or what the individual reasonably believes to be a violation, of section 24-31-1203. (c) (I) If the disclosure of confidential information is in furtherance of an action brought pursuant to this section or in furtherance of an effort to stop any violation, or what the individual reasonably believes to be a violation, of section 24-31-1203, an individual has a privilege to disclose the confidential information to: (A) The individual's counsel; (B) A person with whom the individual has a statutory or common law privilege; or (C) An agent or authorized representative of the state. (II) The individual's disclosure of confidential information to the individual's counsel or to an agent or authorized representative of the state does not constitute a waiver by a defendant of any right or privilege that the defendant may be entitled to invoke. (d) (I) An individual seeking relief pursuant to this subsection (8) may seek relief by: (A) Filing a motion in the action brought pursuant to subsection (3) of this section; or (B) Bringing a separate action in an appropriate court of the state for the relief provided pursuant to this subsection (8). (II) An individual who seeks relief pursuant to this subsection (8) is entitled to all relief necessary to make the individual whole. The relief must include, but is not limited to: (A) If the individual is an employee, reinstatement with the same seniority status the individual would have had but for the discrimination, twice the amount of back pay, and interest on the back pay; (B) If the individual is a contractor, subcontractor, or independent contractor, reinstatement of a contract or subcontract that was canceled, nonrenewed, or modified because of retaliation, with all compensation or contractual consideration that the individual would have received had the contract or subcontract not been canceled, nonrenewed, or modified; and (C) Compensation for any special damages sustained as a result of the discrimination or retaliation, including litigation costs and reasonable attorney fees. act that was canceled, nonrenewed, or modified because of retaliation, with all compensation or contractual consideration that the individual would have received had the contract or subcontract not been canceled, nonrenewed, or modified; and (C) Compensation for any special damages sustained as a result of the discrimination or retaliation, including litigation costs and reasonable attorney fees. (e) (I) The court shall award the individual not less than the damages described in subsection (8)(d)(II) of this section if a defendant, employer, or other person retaliates against an individual by bringing another action against the individual for: (A) Acts later determined to be lawful acts; (B) Disclosure of confidential information to counsel or an agent or representative of the state pursuant to this subsection (8); (C) Violating an employment contract, confidentiality agreement, nondisclosure agreement, or other agreement; or (D) Committing any other tort or breach of duty and the court hearing the action determines by a preponderance of the evidence that the defendant, employer, or other person brought the lawsuit against the individual for the purpose of retaliating against the individual. (II) In addition to any other remedy or share of the proceeds of the action to which the individual is entitled pursuant to this subsection (8) and regardless of whether the individual is determined to be entitled to share in the proceeds of the action or claim filed pursuant to subsection (3) of this section, in addition to any other consequential damages permitted by law, the damages for a violation of this subsection (8)(e) must be not less than: (A) Twice the individual's actual attorney fees and costs if the defendant, employer, or other person brought the lawsuit against the individual in a court in the state of Colorado; or (B) Three times the individual's actual attorney fees and costs if the defendant, employer, or other person brought the lawsuit in a jurisdiction outside of Colorado. (f) (I) The court hearing the action brought pursuant to subsection (3) of this section has jurisdiction to hear a private action or motion for retaliation brought pursuant to this subsection (8). (II) Upon motion by the individual, the venue of an action filed in another court of the state of Colorado against the individual by the defendant, the employer of the person who brought the action pursuant to subsection (3) of this section, or other person arising out of the subject matter of the action brought pursuant to subsection (3) of this section must be changed to the court hearing the action brought pursuant to subsection (3) of this section. (9) Discovery in other actions. (a) If a person who brings an action pursuant to subsection (3) of this section is a party to or witness in an action other than an action brought pursuant to subsection (3) of this section, referred to in this subsection (9) as an "other action", and a party in the other action seeks discovery from the person of information about other lawsuits, which discovery would require the person to disclose information about an action filed pursuant to subsection (3) of this section while that action is still under seal, the person shall: (I) Within a reasonable time, notify the state investigating the action brought pursuant to subsection (3) of this section of the pending discovery request; and (II) Respond to the discovery request by stating only that the matter is confidential, without further elaboration, and shall maintain that response until the state elects to proceed or not proceed with the action brought pursuant to subsection (3) of this section or until the court lifts the seal. the action brought pursuant to subsection (3) of this section of the pending discovery request; and (II) Respond to the discovery request by stating only that the matter is confidential, without further elaboration, and shall maintain that response until the state elects to proceed or not proceed with the action brought pursuant to subsection (3) of this section or until the court lifts the seal. (b) If necessary, in any other action, a person who brought the action pursuant to subsection (3) of this section or the attorney general may file an ex parte motion, in camera and under seal, seeking a protective order or an extension of time for the person to respond to a discovery request. If a party in the other action moves to compel an answer to the discovery, the person who brought the action pursuant to subsection (3) of this section shall file, ex parte and in camera, a response to the motion to compel, in which the attorney general may join. The response to the motion to compel must remain under seal until such time as the state elects to proceed or not proceed with the action or until such time as the court lifts the seal. (c) Notwithstanding any provision of this subsection (9) to the contrary, information about an action filed pursuant to subsection (3) of this section that is protected by the defendant's attorney-client privilege is not discoverable in any other action unless the privilege was waived, inadvertently or otherwise, by the person who holds the privilege; an exception to the privilege applies; or disclosure of the information is permitted by an attorney pursuant to 17 CFR 205.3 (d)(2), the applicable Colorado rules of professional conduct, or otherwise.

C.R.S. § 24-31-1205 False claims action procedures - limitation on action - standard of proof

24-31-1205. False claims action procedures - limitation on action - standard of proof. (1) A civil action pursuant to section 24-31-1204 may not be brought after the later of: (a) More than six years after the date on which the violation of section 24-31-1203 is committed or the date on which the last in a series of such acts or practices occurred, whichever is later; or (b) More than three years after the date on which facts material to the right of action are known or reasonably should have been known by the official of the state charged with responsibility to act in the circumstances, but in no event more than ten years after the date on which the violation of section 24-31-1203 was committed. (2) (a) If the state elects to intervene and proceed with an action brought pursuant to section 24-31-1204, the state may file its own complaint or amend the original complaint to: (I) Clarify and add detail, and add additional defendants, to the claims in which the state is intervening; and (II) Add any additional claims and defendants with respect to which the state contends it is entitled to relief. (b) For statute of limitations purposes, any pleadings by the state relate back to the filing date of the original complaint filed by a person pursuant to section 24-31-1204 (3), to the extent that the state's claim arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the original complaint. (3) In an action brought pursuant to section 24-31-1204, the state or person who brought the action pursuant to section 24-31-1204 (3) must prove all essential elements of the cause of action, including damages, by a preponderance of the evidence. (4) Notwithstanding any other provision of law, the Colorado rules of criminal procedure, or the Colorado rules of evidence, a final judgment rendered in favor of the state in a criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action that involves the same transaction as in the criminal proceeding and that is brought pursuant to section 24-31-1204.

C.R.S. § 24-31-1206 Jurisdiction

24-31-1206. Jurisdiction. An action described in this part 12 may be brought in any judicial district in which the defendant or, in the case of multiple defendants, any one defendant can be found, resides, or transacts business, or in which an act proscribed by section 24-31-1203 occurred. A person bringing an action pursuant to this part 12 shall file the complaint in a district court or a federal court with jurisdiction over the action and shall not file the complaint in any other court. The appropriate district court shall issue a summons as required by the Colorado rules of civil procedure and serve the summons at any place.

C.R.S. § 24-31-1207 False claims civil investigation demands

24-31-1207. False claims civil investigation demands. (1) When the attorney general has reasonable cause to believe that any person, whether in this state or elsewhere, has engaged in or is engaging in any violation of section 24-31-1203, the attorney general may: (a) Request the person file a statement or report in writing under oath or otherwise, on forms prescribed by the attorney general, as to all facts and circumstances concerning the alleged violations by the person and any other data and information the attorney general deems necessary; except that the person is not required to disclose any information that is protected by the person's attorney-client privilege unless the privilege was waived, inadvertently or otherwise, by the person who holds the privilege; an exception to the privilege applies; or disclosure of the information is permitted by an attorney pursuant to 17 CFR 205.3 (d)(2), the applicable Colorado rules of professional conduct, or otherwise. (b) Examine under oath any person in connection with the alleged violations; (c) Examine any property or sample thereof, or any nonprivileged record, book, document, account, or paper the attorney general deems necessary; (d) Make true copies, at the expense of the attorney general, of any nonprivileged record, book, document, account, or paper examined pursuant to subsection (1)(c) of this section, which copies may be offered into evidence in lieu of the originals thereof in an action brought pursuant to this part 12; and (e) Pursuant to any order of any district court, impound any sample of property that is material to any alleged violation of this part 12 and retain the same in the attorney general's possession until completion of all proceedings undertaken pursuant to this part 12. A district court shall not issue an order described in this subsection (1)(e) without giving full opportunity to the accused to be heard and unless the attorney general has proven by clear and convincing evidence that the order will not impair the business activities of the person to whom the order is directed. (2) When the attorney general has reasonable cause to believe that a person, whether in this state or elsewhere, has engaged in or is engaging in a violation of section 24-31-1203, the attorney general may issue subpoenas to require the attendance of witnesses or the production of documents, administer oaths, conduct hearings in aid of any investigation or inquiry, and prescribe such forms as may be necessary to administer this part 12. (3) The attorney general may issue subpoenas to any public or private corporation or partnership or association or governmental entity to produce witnesses to appear and give oral testimony at investigative hearings. The subpoenas may designate with reasonable particularity the matters on which examination is requested. In response to the subpoena, the entity shall designate one or more officers, directors, or managing agents, or designate other persons, to testify on its behalf. (4) A notice or subpoena may be served in the manner prescribed by law or as provided in rule 4 of the Colorado rules of civil procedure. (5) (a) If the records of a person who has been issued a subpoena are located outside this state, the person shall either: (I) Make them available to the attorney general either electronically or at a convenient location within this state; or (II) Pay the reasonable and necessary expenses for the attorney general, or the attorney general's designee, to examine the records at the place where they are maintained. ecords of a person who has been issued a subpoena are located outside this state, the person shall either: (I) Make them available to the attorney general either electronically or at a convenient location within this state; or (II) Pay the reasonable and necessary expenses for the attorney general, or the attorney general's designee, to examine the records at the place where they are maintained. (b) The attorney general may designate representatives, including comparable officials of the state in which the records are located, to inspect the records on behalf of the attorney general. (6) If any person fails to cooperate with any investigation pursuant to this section or fails to obey any subpoena issued pursuant to this section, the attorney general may apply to the appropriate district court for an appropriate order to effectuate the purposes of this part 12. At the request of the attorney general, the application may be filed in camera and kept confidential to maintain the confidentiality of the attorney general's investigation. The application must state that there are reasonable grounds to believe that the order applied for is necessary to investigate a violation of this part 12. If the court is satisfied that reasonable grounds exist, the court in its order may: (a) Grant appropriate injunctive relief; (b) Require attendance of or the production of documents by the person, or both; (c) Grant other or further relief as may be necessary to obtain compliance by the person.

C.R.S. § 24-31-1208 Rule-making

24-31-1208. Rule-making. The attorney general may promulgate rules necessary to implement this part 12.

C.R.S. § 24-31-1209 Use of recoveries - false claims recovery cash fund - creation

24-31-1209. Use of recoveries - false claims recovery cash fund - creation. (1) The state treasurer shall transfer all proceeds retained by the state from a false claims action brought pursuant to this part 12 to the false claims recovery cash fund, which is hereby created. (2) Any money in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from investment and deposit of money in the fund shall be credited to the fund. (3) (a) Subject to annual appropriation by the general assembly, the department may expend money from the fund for necessary actual costs of carrying out its duties pursuant to this part 12. (b) (I) When proceeds retained by the state from a false claims action are deposited into the fund, the attorney general shall determine the amount of the proceeds that should remain in the fund for use by the department for the costs of carrying out its duties pursuant to this part 12 and the amount of any proceeds deposited into the fund that are attributable to a political subdivision. (II) If the amount of the proceeds is equal to or exceeds the amount of the false claim plus the department's costs, the attorney general shall direct the state treasurer to transfer to the original fund from which the false claim was paid an amount equal to the false claim. If all or part of the proceeds are attributable to a political subdivision, the attorney general shall direct the treasurer to pay to the political subdivision, as described in subsection (3)(c) of this section, an amount equal to the false claim. (III) If the amount of the proceeds is less than the amount of the false claim plus the department's costs, the attorney general shall direct the state treasurer to transfer to the original fund from which the false claim was paid a pro-rated amount based on the actual recovery. If all or part of the proceeds are attributable to a political subdivision, the attorney general shall direct the treasurer to pay to the political subdivision, as described in subsection (3)(c) of this section, a pro-rated amount based on the actual recovery. (IV) For the purposes of a false claims action involving a violation of section 24-31-1203(1)(g), the relevant fund is the unemployment compensation fund established in section 8-77-101. (c) No later than seven days after the attorney general directs the state treasurer to make a payment to a political subdivision pursuant to subsection (3)(b) of this section, the state treasurer shall issue a warrant to be paid upon demand from the fund to the political subdivision in the amount specified by the attorney general. (4) Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to another fund.

C.R.S. § 24-31-1210 No limitations on common law authority - medicaid fraud control

24-31-1210. No limitations on common law authority - medicaid fraud control. Nothing in this part 12 affects, limits, or supplants the common law authority of the attorney general or the department to investigate and prosecute medicaid fraud pursuant to part 8 of this article 31.

C.R.S. § 24-31-1211 False claims act report

24-31-1211. False claims act report. (1) On or before January 15, 2024, and on or before each January 15 thereafter, the attorney general shall submit a written report to the house of representatives business affairs and labor committee, the house of representatives judiciary committee, the senate business, labor, and technology committee, and the senate judiciary committee, or their successor committees, concerning claims brought pursuant to this part 12 during the previous fiscal year. The report must include, but is not limited to: (a) The number of actions brought by the attorney general and the disposition of the actions; (b) The amount of proceeds recovered by the state through settlement or judgment in an action brought pursuant to this part 12, including: (I) The case number and parties for each action in which proceeds were recovered; (II) The amount of proceeds recovered in each case, categorized by the amount recovered as damages, penalties, and litigation costs; and (III) If applicable, the percentage of the proceeds recovered and the total amount awarded to a private person who brought the action. (c) The number of actions brought by a person other than the attorney general in which the attorney general did not intervene, whether the actions were continued by the other person, and the disposition of the actions; (d) The amount of proceeds, including any litigation costs and attorney fees, recovered through settlement or judgment in actions brought by a person other than the attorney general; and (e) The amount expended by the state for investigation and litigation of false claims pursuant to this part 12 and all other costs related to this part 12. (2) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement described in this section continues indefinitely.

C.R.S. § 24-31-1301 Definitions

24-31-1301. Definitions. As used in this part 13, unless the context otherwise requires: (1) "Division of labor standards and statistics" means the division of labor standards and statistics in the department of labor and employment created pursuant to section 8-1-103. (2) "Division of unemployment insurance" means the division of unemployment insurance in the department of labor and employment created pursuant to section 8-71-101. (3) "Unit" means the worker and employee protection unit created in section 24-31-1302.

C.R.S. § 24-31-1302 Worker and employee protection unit - creation - duties

24-31-1302. Worker and employee protection unit - creation - duties. (1) There is created within the department of law and under the control of the office of the attorney general the worker and employee protection unit. (2) In addition to any other authorities granted by law, the unit has the following powers and duties: (a) Issue or cause to be issued civil investigative demands and subpoenas or other process in aid of investigations and prosecutions; (b) Administer oaths and take sworn statements under penalty of perjury; and (c) Serve and execute, in any county, search warrants that relate to investigations.

C.R.S. § 24-31-1303 Worker misclassification - wage determinations - investigation and enforcement by the unit - coordination with department of labor and employment

24-31-1303. Worker misclassification - wage determinations - investigation and enforcement by the unit - coordination with department of labor and employment. (1) (a) The unit may investigate alleged violations of, and bring an action against an employer to enforce, section 8-72-114, regardless of whether a complaint is filed against the employer pursuant to said section, to enforce that section if the division of unemployment insurance directly refers a finding of misclassification to the unit to pursue further remedies. (b) The unit may investigate and enforce an alleged misclassification that is not described in subsection (1)(a) of this section if the unit provides written notice to the division of unemployment insurance of the unit's intent to pursue a misclassification investigation and the division of unemployment insurance: (I) Declines to investigate the matter; (II) Has investigated the matter and made a formal determination; or (III) Fails to respond to the unit within thirty days after the date of the notice. (2) (a) The unit may enforce wage determinations made by the division of labor standards and statistics pursuant to article 4 of title 8 if the division of labor standards and statistics refers the wage determination to the unit for enforcement. (b) If the division of labor standards and statistics has not referred a wage determination to the unit, the unit may enforce the wage determination if the unit provides written notice to the division of labor standards and statistics of the unit's intent to enforce the wage determination and the division of labor standards and statistics: (I) Declines to pursue enforcement of the wage determination; (II) Has attempted to pursue enforcement of the wage determination and has been unsuccessful in enforcing the determination in full after the later of twelve months after the determination or the conclusion of any appeals; (III) Fails to respond to the unit within thirty days after the date of the notice; or (IV) Has not initiated an investigation.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.docxFetched: 10/6/2026

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