Section 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(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:(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.(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(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.Amended by 2021 Ch. 420, § 2, eff. 9/7/2021.Amended by 2021 Ch. 458, § 13, eff. 7/6/2021.Amended by 2021 Ch. 405, § 2, eff. 6/30/2021.Amended by 2020 Ch. 110, § 10, eff. 6/19/2020.Amended by 2015 Ch. 213, § 2, eff. 5/20/2015.Amended by 2014 Ch. 246, § 1, eff. 8/6/2014.Amended by 2013 Ch. 233, § 8, eff. 5/16/2013.L. 92: Entire part added, p. 1093, § 3, effective March 6. L. 94: (1) and (2) amended, p. 1727, § 5, effective May 31. L. 96: (2)(a) and (3) amended and (4) and (5) added, p. 1571, § 1, effective June 3. L. 98: (4) and IP(5) amended, p. 749, § 2, effective May 22; (1)(h) added, p. 962, § 6, effective May 27. L. 2001: (2)(a)(II) amended, p. 1449, § 1, effective July 1. L. 2002: (6) added, p. 840, § 3, effective May 30. L. 2003: (2)(b) amended, p. 2114, § 1, effective May 22; (1)(f) amended, p. 2184, § 2, effective June 3; IP(5) amended, p. 1622, § 39, effective August 6. L. 2004: (1)(i) added, p. 1898, § 2, effective June 4. L. 2006: (2)(b) amended, p. 1500, § 34, effective June 1. L. 2012: (1)(i) amended and (1)(j) added, (HB 12-1345), ch. 746, p. 746, § 31, effective May 19; (1)(h) amended, (HB 12-1266), ch. 1530, p. 1530, § 49, effective July 1. L. 2013: (1)(i) and (1)(j) amended and (1)(k) added, (SB 13-111), ch. 1125, p. 1125, § 8, effective May 16. L. 2014: (1)(e), (1)(j), (2)(a)(II), and (3) amended and (1)(l) and (1)(m) added, (SB 14-123), ch. 945, p. 945, § 1, effective August 6. L. 2015: (1)(l) amended and (1)(n), (1)(o), (1)(p), and (1)(q) added, (HB 15-1287), ch. 778, p. 778, § 2, effective May 20. L. 2020: (1)(l), (1)(p), and (1)(q) amended and (1)(r) added, (SB 20-217), ch. 457, p. 457, § 10, effective June 19. (1) Subsection (6)(b) provided for the repeal of subsection (6), effective July 1, 2003. (See L. 2002, p. 840.)
(2) Amendments to subsection (1)(r) by HB 21-1250 and SB-174 were harmonized. In connection, subsection (1)(r)(I)(H) was numbered as subsection (1)(r)(V) in SB 21-174 but was renumbered on revision for ease of location. Subsections (1)(r)(III) and (1)(r)(IV) were amended in SB 21-174, but those amendments were superseded by the amendment of subsection (1)(r) in HB 21-1250.
For the legislative declaration in the 2013 act amending subsections (1)(i) and (1)(j) and adding subsection (1)(k), see section 1 of chapter 233, Session Laws of Colorado 2013. For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020.