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

(1)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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:

(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.

Source: Section 24-31-904 — Peace officer certification discipline, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑31‑101
Powers and duties of attorney general 24‑31‑102
Offices, boards, and divisions 24‑31‑103
Chief deputy attorney general - powers 24‑31‑103.5
Solicitor general - creation - powers 24‑31‑104.5
Funding for insurance fraud investigations and prosecutions - creation of fund 24‑31‑106
Rights of crime victims - victims’ services coordinator 24‑31‑107
Applications for licenses - authority to suspend licenses - rules 24‑31‑108
Receipt of money - subject to appropriation - exception for custodial money - legal services cash fund - creation - definition 24‑31‑108.5
Use of funds for unanticipated legal needs 24‑31‑111
Legal services to state agencies - definitions 24‑31‑112
No limitations on common law authority 24‑31‑113
Public integrity - patterns and practices 24‑31‑115
Housing unit - powers of attorney general or district attorney - subpoenas - document production - remedies - injunctive relief - penalties 24‑31‑301
Definitions 24‑31‑302
Creation of board 24‑31‑303
board - definition 24‑31‑304
Applicant for training - fingerprint-based criminal history record check 24‑31‑305
Certification - issuance - renewal - revocation - rules - definition 24‑31‑307
Enforcement 24‑31‑308
Reciprocity - provisional certificate 24‑31‑309
Profiling - officer identification - training - definition 24‑31‑310
Resources for the training of peace officers - peace officers in rural jurisdictions - legislative declaration 24‑31‑311
DNA evidence - collection - retention 24‑31‑312
School resource officer training 24‑31‑313
Training concerning abuse and exploitation of at-risk elders 24‑31‑313.5
Training concerning abuse and exploitation of at-risk adults with intellectual and developmental disabilities 24‑31‑314
Advanced roadside impaired driving enforcement training 24‑31‑315
Annual in-service training requirements 24‑31‑316
Attorney general to provide identification cards to retired peace officers upon request - definitions 24‑31‑317
Training requirements concerning peace officer interactions with persons with disabilities 24‑31‑318
Administrative law judge appointment 24‑31‑319
Training related to missing indigenous persons - development - basic and in-service training required 24‑31‑320
Persons with deferred action for childhood arrivals status - rules - definition 24‑31‑401
Definitions 24‑31‑402
Enforcement by attorney general 24‑31‑403
Funding 24‑31‑601
Short title 24‑31‑602
Legislative declaration 24‑31‑603
Definitions 24‑31‑604
Administration of article 24‑31‑605
Delegation of duties 24‑31‑606
Safe2tell program - creation - duties 24‑31‑607
In camera review - confidentiality of materials - criminal penalty 24‑31‑608
Transfer of property 24‑31‑609
License of intellectual property 24‑31‑610
Safe2tell cash fund - creation 24‑31‑611
Annual report 24‑31‑701
Definitions 24‑31‑702
Colorado domestic violence fatality review board - creation - membership - purpose - duties 24‑31‑703
Local and regional domestic violence fatality review teams - creation - membership - purpose - duties 24‑31‑704
Access to records - confidentiality - public access - immunity 24‑31‑706
Repeal of part 24‑31‑801
Definitions 24‑31‑802
Medicaid fraud control unit - creation - duties 24‑31‑803
Medicaid fraud reporting 24‑31‑804
Medicaid fraud control unit - displayed information 24‑31‑805
Medicaid fraud control unit authority and responsibilities 24‑31‑806
Civil investigative demands and subpoenas 24‑31‑807
Provider applications - false statements - penalties 24‑31‑808
Medicaid fraud and waste - penalties - definition 24‑31‑809
Unlawful remuneration - penalties 24‑31‑810
Other remedies available 24‑31‑811
Limitation of action - three years 24‑31‑901
Definitions 24‑31‑902
Incident recordings - release - tampering - fine 24‑31‑903
Division of criminal justice report 24‑31‑904
Peace officer certification discipline 24‑31‑905
Prohibited law enforcement action in response to protests 24‑31‑906
Retaliation against whistleblower officers prohibited 24‑31‑1001
Definitions 24‑31‑1002
Commission - membership - duties 24‑31‑1003
Study of training concerning interactions with persons with disabilities - report 24‑31‑1004
Recommend training curriculum for peace officers 24‑31‑1005
Report 24‑31‑1006
Funding 24‑31‑1007
Repeal of part 24‑31‑1101
Financial empowerment office - creation - director 24‑31‑1102
Financial empowerment office - purpose - duties 24‑31‑1201
Short title 24‑31‑1202
Definitions 24‑31‑1203
False claims - civil liability for certain acts - penalty - exception 24‑31‑1204
Civil actions for false claims - claims for retaliation - definitions 24‑31‑1205
False claims action procedures - limitation on action - standard of proof 24‑31‑1206
Jurisdiction 24‑31‑1207
False claims civil investigation demands 24‑31‑1208
Rule-making 24‑31‑1209
Use of recoveries - false claims recovery cash fund - creation 24‑31‑1210
No limitations on common law authority - medicaid fraud control 24‑31‑1211
False claims act report 24‑31‑1301
Definitions 24‑31‑1302
Worker and employee protection unit - creation - duties 24‑31‑1303
Worker misclassification - wage determinations - investigation and enforcement by the unit - coordination with department of labor and employment
Green check means up to date. Up to date

Current through Fall 2024

§ 24-31-904’s source at colorado​.gov