C.R.S. § 16-22-103 — CO Code / Title 16 / Article 22 / Section 16-22-103
16-22-103. Sex offender registration - required - applicability - exception
Status: in_force

16-22-103. Sex offender registration - required - applicability - exception. (1) Effective July 1, 1998, the following persons are required to register pursuant to section 16-22-108 and are subject to the requirements and other provisions specified in this article 22:

(a) Any person who was convicted on or after July 1, 1991, in the state of Colorado of an unlawful sexual offense, as defined in section 18-3-411 (1), enticement of a child, as described in section 18-3-305, or internet luring of a child, as described in section 18-3-306 (3);

(b) Any person who was convicted on or after July 1, 1991, in another state or jurisdiction, including but not limited to a military, tribal, territorial, or federal jurisdiction, of an offense that, if committed in Colorado, would constitute an unlawful sexual offense, as defined in section 18-3-411 (1), C.R.S., enticement of a child, as described in section 18-3-305, C.R.S., or internet luring of a child, as described in section 18-3-306, C.R.S.; and

(c) Any person who was released on or after July 1, 1991, from the custody of the department of corrections of this state or any other state, having served a sentence for an unlawful sexual offense, as defined in section 18-3-411 (1), C.R.S., enticement of a child, as described in section 18-3-305, C.R.S., or internet luring of a child, as described in section 18-3-306, C.R.S.

(2) (a) On and after July 1, 1994, any person who is convicted in the state of Colorado of unlawful sexual behavior or of another offense, the underlying factual basis of which involves unlawful sexual behavior, or any person who is released from the custody of the department of corrections having completed serving a sentence for unlawful sexual behavior or for another offense, the underlying factual basis of which involved unlawful sexual behavior, shall be required to register in the manner prescribed in section 16-22-104, section 16-22-106 or 16-22-107, whichever is applicable, and section 16-22-108.

(b) A person shall be deemed to have been convicted of unlawful sexual behavior if he or she is convicted of one or more of the offenses specified in section 16-22-102 (9), or of attempt, solicitation, or conspiracy to commit one or more of the offenses specified in said section.

(c) (I) For convictions entered on or after July 1, 2002, a person shall be deemed to be convicted of an offense, the underlying factual basis of which involves unlawful sexual behavior, if:

(A) The person is convicted of an offense that requires proof of unlawful sexual behavior as an element of the offense; or

(B) The person is convicted of an offense and is eligible for and receives an enhanced sentence based on a circumstance that requires proof of unlawful sexual behavior; or

(C) The person was originally charged with unlawful sexual behavior or with an offense that meets the description in sub-subparagraph (A) or (B) of this subparagraph (I), the person pleads guilty to an offense that does not constitute unlawful sexual behavior, and, as part of the plea agreement, the person admits, after advisement as provided in subparagraph (III) of this paragraph (c), that the underlying factual basis of the offense to which he or she is pleading guilty involves unlawful sexual behavior; or

(D) The person was charged with and convicted of an offense that does not constitute unlawful sexual behavior and the person admits on the record, after advisement as provided in subparagraph (III) of this paragraph (c), that the underlying factual basis of the offense involved unlawful sexual behavior.

(II) If a person is originally charged with unlawful sexual behavior or with an offense that meets the description in sub-subparagraph (A) or (B) of subparagraph (I) of this paragraph (c), the court may accept a plea agreement to an offense that does not constitute unlawful sexual behavior only if:

(A) The district attorney stipulates that the underlying factual basis of the offense to which the person is pleading guilty does not involve unlawful sexual behavior; or

(B) The person admits, after advisement as provided in subparagraph (III) of this paragraph (c), that the underlying factual basis of the offense to which he or she is pleading guilty involves unlawful sexual behavior.

(III) The advisement provided for purposes of this paragraph (c), in addition to meeting the requirements of the Colorado rules of criminal procedure, shall advise the person that admitting that the underlying factual basis of the offense to which the person is pleading or of which the person is convicted involves unlawful sexual behavior will have the collateral result of making the person subject to the requirements of this article. Notwithstanding any provision of this paragraph (c) to the contrary, failure to advise a person pursuant to the provisions of this subparagraph (III) shall not constitute a defense to the offense of failure to register as a sex offender if there is evidence that the defendant had actual notice of the duty to register.

(IV) In any case in which a person is deemed to have been convicted of an offense, the underlying factual basis of which involves unlawful sexual behavior, as provided in this paragraph (c), the judgment of conviction shall specify that the person is convicted of such an offense and specify the particular crime of unlawful sexual behavior involved.

(V) The provisions of this paragraph (c) shall apply to juveniles for purposes of determining whether a juvenile is convicted of an offense, the underlying factual basis of which involves unlawful sexual behavior.

(d) (I) Notwithstanding any other provision of this section, any stipulation by a district attorney and any finding by the court with regard to whether the offense of which the person is convicted includes an underlying factual basis involving unlawful sexual behavior, as defined in section 16-22-102, shall be binding on the department of corrections for purposes of classification. On or after July 1, 2008, if the department of corrections receives a mittimus that does not indicate the necessary findings as required by subsection (2)(c)(II) of this section, the department shall notify the court and request that the court enter the necessary findings pursuant to subsection (2)(c)(II) of this section.

(II) The department of corrections shall have the authority to make a determination that a person is a sex offender, as defined in section 16-11.7-102 (2)(a), for the purposes of classification and treatment if:

(A) The person has one or more prior convictions for a sex offense as defined in section 16-11.7-102 (3);

(B) The person has a prior offense for which a determination has been made by the court that the underlying factual basis involved a sex offense as defined in section 16-11.7-102 (3); or

(C) The person has been classified as a sex offender in accordance with procedures established by the department of corrections.

(III) The procedures established by the department of corrections to classify a person as a sex offender shall require that:

(A) The classification proceeding be conducted by a licensed attorney who shall serve as an administrative hearing officer;

(B) The offender's attorney be permitted to attend, represent, and assist the offender at the classification proceeding; and

(C) The offender be entitled to written notice of the reason for the proceeding, disclosure of the evidence to be presented against him or her, an opportunity to be heard in person and to present witnesses and documentary evidence, the right to confront and cross-examine adverse witnesses, unless the administrative hearing officer finds good cause for not allowing confrontation, and written findings and conclusions indicating the evidence and reasons relied upon for the classification as a sex offender.

(IV) Notwithstanding any statutory provisions to the contrary, the department of corrections shall ensure that all procedures and policies comply with the federal "Prison Rape Elimination Act of 2003", Pub.L. 108-79, as amended.

(3) (a) In addition to the persons specified in subsections (1) and (2) of this section, and except as set forth in subsection (3)(b) of this section, any person convicted of an offense in any other state or jurisdiction, including but not limited to a military or federal jurisdiction, for which the person, as a result of the conviction, is required to register if the person resided in the state or jurisdiction of conviction, or for which the person would be required to register if convicted in Colorado, is required to register in the manner specified in section 16-22-108, so long as the person is a temporary or permanent resident of Colorado. The person may petition the court for an order to discontinue the requirement for registration in this state at the times specified in section 16-22-113 for offense classifications that are comparable to the classification of the offense for which the person was convicted in the other state or jurisdiction. The person may petition the court for an order to discontinue the requirement for registration in this state for offense classifications that the person would not be required to register for if convicted in Colorado.

(b) If a juvenile is required to register only pursuant to subsection (3)(a) of this section and the juvenile's duty to register in another state or jurisdiction has been terminated by a court order, or if a trial court has determined that the juvenile is not required to register in that state or jurisdiction, then the juvenile is not required to fulfill the requirements for registration in Colorado, as set forth in section 16-22-108, and is therefore not required to petition the court for removal from the Colorado sex offender registry pursuant to section 16-22-113.

(4) This article 22 applies to any person who receives a disposition or is adjudicated a juvenile delinquent based on the commission of any act that may constitute unlawful sexual behavior or who receives a deferred adjudication based on commission of any act that may constitute unlawful sexual behavior; except that, with respect to section 16-22-113 (1)(a) to (1)(e), a person who is adjudicated or receives a disposition as a juvenile may petition the court for an order to discontinue the duty to register as provided in those subsections, but only if the person has not subsequently been convicted as an adult of any offense involving unlawful sexual behavior or convicted as an adult of another offense, the underlying factual basis of which involves unlawful sexual behavior. In addition, the duty to provide notice to a person of the duty to register, as set forth in sections 16-22-105 to 16-22-107, applies to juvenile parole and probation officers and appropriate personnel of the division of youth services in the department of human services. If a person is required to register pursuant to this article 22 due to an adjudication or disposition as a juvenile, the duty to register automatically terminates either when the person reaches twenty-five years of age or seven years from the date the juvenile was required to register, whichever occurs later.

(5) (a) Notwithstanding any provision of this article 22 to the contrary, if, pursuant to a motion filed by a person described in this subsection (5) or on its own motion, a court determines that exempting the person from the registration requirement would not pose a significant risk to the community, the court, upon consideration of the totality of the circumstances, may exempt the person from the registration requirements imposed pursuant to this section if:

(I) The person was younger than eighteen years of age at the time of the commission of the offense; and

(II) The person has not been previously adjudicated or received a disposition for a separate offense involving unlawful sexual behavior; and

(III) The person was adjudicated or received a disposition for any offense of unlawful sexual behavior or another offense, the underlying factual basis of which involved unlawful sexual behavior; and

(IV) The person has received an evaluation that conforms with the standards developed pursuant to section 16-11.7-103 (4)(i) from an evaluator who meets the standards established by the sex offender management board, and the evaluator recommends exempting the person from the registration requirements based upon the best interests of that person and the community; and

(IV.5) The court has considered a written or oral statement by the victim of the offense for which the juvenile would otherwise be required to register, if provided by the victim, on the question of whether the juvenile should be exempted from the statutory duty to register as a sex offender; and

(V) The court makes written findings of fact specifying the grounds for granting such exemption.

(b) Any defendant who files a motion pursuant to this subsection (5) or the court, if considering its own motion, shall provide notice of the motion to the prosecuting district attorney. In addition, the court shall provide notice of the motion to the victim of the offense. Prior to deciding the motion, the court shall conduct a hearing on the motion at which both the district attorney and the victim shall have opportunity to be heard.

(6) Any person who is required to register pursuant to this section and fails to do so or otherwise fails to comply with the provisions of this article may be subject to prosecution for the offense of failure to register as a sex offender, as described in section 18-3-412.5, C.R.S. Failure of any governmental entity or any employee of any governmental entity to comply with any requirement of this article shall not constitute a defense to the offense of failure to register as a sex offender if there is evidence that the defendant had actual notice of the duty to register.
C.R.S. § 16-13-601 — CO Code / Title 16 / Article 13 / Part 6 / Section 16-13-601
16-13-601. Receipt of federally forfeited property
Status: in_force

16-13-601. Receipt of federally forfeited property. Any agency charged with the enforcement of the laws of this state, including the Colorado National Guard when participating in operations pursuant to the drug interdiction and enforcement plan required by part 13 of article 3 of title 28, C.R.S., is authorized to accept, receive, dispose of, and expend the property or proceeds from any property forfeited to the federal government and allocated to such agency by the United States attorney general pursuant to 21 U.S.C. sec. 881 (e). Such revenues shall be in addition to the moneys appropriated to such law enforcement agency by the general assembly or any unit of local government. Said property or proceeds may be credited to any lawfully created fund designated to receive proceeds of forfeitures. Any proceeds received pursuant to this section are exempt from the distribution requirements of section 16-13-311 (3)(a).
C.R.S. § 16-4-301 — CO Code / Title 16 / Article 4 / Part 3 / Section 16-4-301
16-4-301. Short title
Status: in_force

16-4-301. Short title. This part 3 shall be known and may be cited as the "Uniform Rendition of Accused Persons Act", and shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
C.R.S. § 16-2.5-134 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-134
16-2.5-134. Department of corrections inspector general - department of corrections investig
Status: in_force

16-2.5-134. Department of corrections inspector general - department of corrections investigator. The department of corrections inspector general and a department of corrections investigator are peace officers whose authority shall be pursuant to section 17-1-103.8, C.R.S., and whose authority shall include the enforcement of all the laws of the state of Colorado. A department of corrections investigator may be certified by the P.O.S.T. board. The inspector general shall be certified by the P.O.S.T. board.
C.R.S. § 16-23-105 — CO Code / Title 16 / Article 23 / Section 16-23-105
16-23-105. Expungement
Status: in_force

16-23-105. Expungement. (1) Except as provided in subsection (7) of this section, a person whose biological substance sample is collected pursuant to section 16-23-103 qualifies for expungement if:

(a) In the case of a sample collected based upon the filing of a charge or based upon a final court order, each felony charge stemming from the charges has, by final court order, been dismissed, resulted in an acquittal, or resulted in a conviction for an offense other than a felony offense;

(b) In the case of a sample collected based upon an arrest:

(I) A felony charge was not filed within ninety days after the arrest; or

(II) Each felony charge stemming from the arrest has, by final court order, been dismissed, resulted in an acquittal, or resulted in a conviction for an offense other than a felony offense.

(2) A person who qualifies for expungement under subsection (1) of this section may submit a written request for expungement to the Colorado bureau of investigation. The request shall include the items listed in this subsection (2) and may include any additional information that may assist the bureau in locating the records of arrest or charges or the biological substance sample or testing results. The following information shall be included in the submitted request:

(a) The person's name, date of birth, and mailing address;

(b) The name of the agency that collected the biological substance sample;

(c) The date of arrest or other date when the sample was taken;

(d) Whether any charges were filed stemming from the arrest for which a biological substance sample was collected, the identity of the court, and the case number of each case in which charges were filed; and

(e) A declaration that, to the best of the person's knowledge, he or she qualifies for expungement.

(3) Upon receipt of a request satisfying the requirements of subsection (2) of this section, the Colorado bureau of investigation shall promptly submit a written inquiry to the district attorney in the jurisdiction in which the person's biological substance sample was collected concerning the outcome of the arrest or charges.

(4) Within ninety days after receiving the request submitted pursuant to subsection (2) of this section, the Colorado bureau of investigation shall destroy the biological substance sample collected pursuant to section 16-23-103 and expunge the results of the testing of the sample from the federal combined DNA index system and any state index system, unless the bureau receives written notification from the applicable district attorney that the person does not qualify for expungement and the reasons that the person does not qualify.

(5) Within thirty days after receiving a notice from a district attorney pursuant to subsection (4) of this section, or at the end of the ninety-day period identified in subsection (4) of this section, whichever is earlier, the Colorado bureau of investigation shall send notification by first-class mail to the person arrested or charged, either stating that the bureau has destroyed the biological substance sample and expunged the results of the testing of the sample or stating why the bureau has not destroyed the sample and expunged the test results.

(6) A data bank or database match shall not be admitted as evidence against a person in a criminal prosecution and shall not be used as a basis to identify a person if the match is:

(a) Derived from a biological substance sample that is required to be destroyed or expunged pursuant to this section; and

(b) Obtained after the required date of destruction or expungement.

(7) This section shall not apply if the person has been arrested for, charged with, or convicted of some other offense on the basis of which a biological substance sample was or could have been collected under state statute.

(8) For purposes of this section, a court order shall not be deemed final if time remains for an appeal or application for discretionary review with respect to the order.
C.R.S. § 16-13-501.5 — CO Code / Title 16 / Article 13 / Part 5 / Section 16-13-501.5
16-13-501.5. Legislative declaration
Status: in_force

16-13-501.5. Legislative declaration. (1) It is the intent of the general assembly that proceedings under this part 5 be remedial in nature and designed to benefit the public good by appropriating contraband property for use by law enforcement.

(2) It is also the policy of the general assembly that asset forfeiture pursuant to this part 5 shall be carried out pursuant to the following:

(a) Generation of revenue shall not be the primary purpose of asset forfeiture.

(b) No prosecutor's or law enforcement officer's employment or level of salary shall depend upon the frequency of seizures or forfeitures which such person achieves.

(c) Each seizing agency shall have policies and procedures for the expeditious release of seized property which is not subject to forfeiture pursuant to this part 5, when such release is appropriate.

(d) Each seizing agency retaining forfeited property for official law enforcement use shall ensure that the property is subject to controls consistent with controls which are applicable to property acquired through the normal appropriations process.

(e) Each seizing agency which receives forfeiture proceeds shall conform with reporting, audit, and disposition procedures enumerated in this article.

(f) Each seizing agency shall prohibit its employees from purchasing forfeited property.
C.R.S. § 16-20-102 — CO Code / Title 16 / Article 20 / Section 16-20-102
16-20-102. Definitions
Status: in_force

16-20-102. Definitions. As used in this article 20, unless the context otherwise requires:

(1) "Executive authority" means the executive authority of any state; and, when used in connection with a request to return any person, pursuant to the provisions of this article, to or from the District of Columbia, "executive authority" includes a justice of the supreme court of the District of Columbia and any other authority.

(2) "Flight" or "fled" means any voluntary or involuntary departure from the jurisdiction of the court where proceedings for determination as a person of unsound mind have been instituted and are still pending with the effect of avoiding, impeding, or delaying the action of the court in which such proceedings have been instituted or are pending or any such departure from the state where the person demanded then was, if he was then under detention by law as a person of unsound mind and subject to detention.

(3) "Person of unsound mind" includes the terms "insane person", "mentally ill person", "person with a mental illness", "person with a mental health disorder", and "mentally incompetent person".
C.R.S. § 16-3-305 — CO Code / Title 16 / Article 3 / Part 3 / Section 16-3-305
16-3-305. Search warrants - direction - execution and return - legislative declaration
Status: in_force

16-3-305. Search warrants - direction - execution and return - legislative declaration. (1) The general assembly finds and declares that:

(a) When law enforcement enters a dwelling, the safety and preservation of life of all occupants and law enforcement officers is paramount;

(b) A no-knock entry into a dwelling can increase danger and confusion because occupants may not recognize law enforcement is making entry and may mistake the entry as entry by an unlawful intruder;

(c) No-knock entries into dwellings have, in several instances across the country, included negative outcomes and the loss of life;

(d) Making no-knock entries to prevent the destruction of evidence, especially in drug cases, does not justify the risk to human life;

(e) No-knock entries should be made only when doing so is necessary to protect human life and not when doing so would increase the risk to human life; and

(f) The standard for warrantless no-knock entries should be substantially the same as the standard for no-knock warrants.

(1.5) Except as otherwise provided in this section, a search warrant shall be directed to any officer authorized by law to execute it in the county wherein the property is located.

(2) A search warrant issued by a judge of a municipal court shall be directed to any officer authorized by law to execute it in the municipality wherein the property is located.

(3) Any judge issuing a search warrant, on the grounds stated in section 16-3-301, for the search of a person or for the search of any motor vehicle, aircraft, or other object which is mobile or capable of being transported may make an order authorizing a peace officer to be named in the warrant to execute the same, and the person named in such order may execute the warrant anywhere in the state. All sheriffs, coroners, police officers, and officers of the Colorado state patrol, when required, in their respective counties, shall aid and assist in the execution of such warrant. The order authorized by this subsection (3) may also authorize execution of the warrant by any officer authorized by law to execute it in the county wherein the property is located.

(4) When any officer, having a warrant for the search of a person or for the search of any motor vehicle, aircraft, or other object which is mobile or capable of being transported is in pursuit thereof and the person, motor vehicle, aircraft, or other object crosses or enters into another county, such officer is authorized to execute the warrant in the other county.

(5) It is the duty of all peace officers into whose hands any search warrant comes to execute the same, in their respective counties or municipalities, and make due return thereof. Procedures consistent with this section for the execution and return of search warrants may be provided by rule of the supreme court.

(6) A search warrant shall be executed within fourteen days after its date.

(7) When a peace officer, having a warrant for the search of a dwelling, executes the search warrant, the officer shall:

(a) Execute the warrant between the hours of 7 a.m. and 7 p.m. unless the judge, for good cause, expressly authorizes execution at another time;

(b) Be readily identifiable as a law enforcement officer in uniform or wearing a visible law enforcement badge and clearly identify themselves as a law enforcement officer;

(c) Wear and activate a body-worn camera as required by section 24-31-902 (1)(a)(II)(A) when entering a premises for the purpose of enforcing the law; and

(d) Knock-and-announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear, allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, and delay entry if the officer has reason to believe that someone is approaching the dwelling's entrance with the intent of voluntarily allowing the officer to enter the dwelling; except that this subsection (7)(d) does not apply if:

(I) A court authorizes a no-knock warrant pursuant to section 16-3-303; or

(II) The circumstances known to the officer at the time provide an objectively reasonable basis to believe that a no-knock entry or not waiting a reasonable amount of time is necessary because of an emergency threatening the life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself.
C.R.S. § 16-5-207 — CO Code / Title 16 / Article 5 / Part 2 / Section 16-5-207
16-5-207. Standards and criteria relating to issuance of summons in lieu of warrant
Status: in_force

16-5-207. Standards and criteria relating to issuance of summons in lieu of warrant. (1) A summons shall be issued instead of a warrant in all petty offenses and all unclassified offenses which are punishable by a maximum penalty of six months' imprisonment or less, except in those cases where the court finds that:

(a) The defendant has previously failed to respond to a summons for an offense; or

(b) There is a substantial likelihood that the defendant will not respond to a summons; or

(c) The whereabouts of the defendant is unknown and the issuance of an arrest warrant is necessary in order to subject him to the jurisdiction of the court.

(2) Except in class 1, class 2, and class 3 felonies or level 1 or level 2 drug felonies, the general policy shall favor issuance of a summons instead of a warrant for the arrest of the defendant except where there is reasonable ground to believe that, unless taken into custody, the defendant will flee to avoid prosecution or will fail to respond to a summons. The court shall issue a summons instead of an arrest warrant when the prosecuting attorney so requests. When an application is made to a court for issuance of an arrest warrant or summons, the court may require the applicant to provide such information as reasonably is available concerning the following:

(a) The defendant's residence;

(b) The defendant's employment;

(c) The defendant's family relationships;

(d) The defendant's past history of response to legal process; and

(e) The defendant's past criminal record.
C.R.S. § 16-19-115 — CO Code / Title 16 / Article 19 / Section 16-19-115
16-19-115. Arrest without warrant
Status: in_force

16-19-115. Arrest without warrant. The arrest of a person may be lawfully made also by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year. When so arrested the accused must be taken before a judge with all practicable speed, and complaint must be made against him under oath setting forth the ground for arrest as in section 16-19-114; and thereafter his answer shall be heard as if he had been arrested on a warrant.
C.R.S. § 16-2.5-123.5 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-123.5
16-2.5-123.5. Criminal tax enforcement special agent
Status: in_force

16-2.5-123.5. Criminal tax enforcement special agent. A criminal tax enforcement special agent employed by the department of revenue is a peace officer while engaged in the performance of the investigator's duties and while acting under proper orders or rules, whose primary authority is the enforcement of section 39-21-118, and also includes the enforcement of all of the laws of the state of Colorado, and who shall be certified by the P.O.S.T. board.
C.R.S. § 16-18.5-102 — CO Code / Title 16 / Article 18.5 / Section 16-18.5-102
16-18.5-102. Definitions
Status: repealed

16-18.5-102. Definitions. (Repealed)
C.R.S. § 16-4-111 — CO Code / Title 16 / Article 4 / Part 1 / Section 16-4-111
16-4-111. Disposition of security deposits upon forfeiture or termination of bond
Status: in_force

16-4-111. Disposition of security deposits upon forfeiture or termination of bond. (1) (a) If a defendant is released upon deposit of cash in any amount or upon deposit of any stocks or bonds and the defendant is later discharged from all liability under the terms of the bond, the clerk of the court shall return the deposit to the person who made the deposit.

(b) (I) If the depositor of the cash bond is the defendant and the defendant owes court costs, fees, fines, restitution, or surcharges at the time the defendant is discharged from all liability under the terms of the bond, the court may apply the deposit toward any amount owed by the defendant in court costs, fees, fines, restitution, or surcharges if the defendant voluntarily agrees in writing to the use of the deposit for such purpose. A defendant shall not be required to agree to apply the deposit toward any amount owed by the defendant as a condition of release. If any amount of the deposit remains after paying the defendant's outstanding court costs, fees, fines, restitution, or surcharges, the court shall return the remainder of the deposit to the defendant.

(II) If the depositor of the cash bond is not the defendant, but the defendant owes court costs, fees, fines, restitution, or surcharges at the time the defendant is discharged from all liability under the terms of the bond, the court shall not apply the deposit toward the amount owed by the defendant in court costs, fees, fines, restitution, or surcharges. The court shall return the deposit to the depositor.

(III) A depositor of a cash bond who is not the defendant may deposit bond funds directly with the jail. The depositor shall not be required to pay any additional fees, costs, or surcharges other than the bond amount and bond processing fee. The depositor shall not be required to apply bond funds to the defendant's inmate account for payment of the bond and shall not be required to deposit money in the defendant's name.

(2) (a) Upon satisfaction of the terms of the bond, the clerk of the court shall execute, within fourteen days after such satisfaction, a release of any deed of trust given to secure the bond and an affidavit that states that the obligation for which the deed of trust had been recorded has been satisfied, either fully or partially, and that the release of such deed of trust may be recorded at the expense of the record owner of the property described in such deed of trust.

(b) If there is a forfeiture of the bond pursuant to this section, and if the forfeiture is not set aside pursuant to subsection (4) of this section, the deed of trust may be foreclosed as provided by law.

(c) If there is a forfeiture of the bond pursuant to this section, but the forfeiture is set aside pursuant to subsection (3) of this section, the clerk of the court shall execute a release of any deed of trust given to secure the bond and an affidavit that states that the obligation for which the deed of trust had been recorded has been satisfied, either fully or partially, and that the release of such deed of trust may be recorded at the expense of the record owner of the real estate described in such deed of trust.

(3) When the defendant has been released upon deposit of cash or property, upon an unsecured personal recognizance bond with a monetary condition pursuant to section 16-4-104 (1)(a) or (1)(b), or upon a surety bond secured by property, if the defendant fails to appear in accordance with the primary condition of the bond, the court shall declare a forfeiture. Notice of the order of forfeiture shall be mailed by the court to the defendant, all sureties, and all depositors or assignees of any deposits of cash or property if such sureties, depositors, or assignees have direct contact with the court, at their last-known addresses. Such notice shall be sent within fourteen days after the entry of the order of forfeiture. If the defendant does not appear and surrender to the court having jurisdiction within thirty-five days from the date of the forfeiture or within that period satisfy the court that appearance and surrender by the defendant is impossible and without fault by such defendant, the court may enter judgment for the state against the defendant for the amount of the bond and costs of the court proceedings. Any cash deposits made with the clerk of the court shall be applied to the payment of costs. If any amount of such cash deposit remains after the payment of costs, it shall be applied to payment of the judgment.

(4) The court may order that a forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice so requires.

(5) If, within one year after judgment, the person who executed the forfeited bond as principal or as surety effects the apprehension or surrender of the defendant to the sheriff of the county from which the bond was taken or to the court which granted the bond, the court may vacate the judgment and order a remission less necessary and actual costs of the court.

(6) The provisions of this section shall not apply to appearance bonds written by compensated sureties, as defined in section 16-4-114 (2)(c), which bonds shall be subject to the provisions of section 16-4-114.

(7) On and after July 1, 2008, all moneys collected from payment toward a judgment entered for the state pursuant to paragraph (b) of subsection (1) of this section shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101 (6), C.R.S.
C.R.S. § 16-4-116 — CO Code / Title 16 / Article 4 / Part 1 / Section 16-4-116
16-4-116. Bond hearing officer
Status: in_force

16-4-116. Bond hearing officer. (1) (a) There is created in the state court administrator's office the position of bond hearing officer. A bond hearing officer is a magistrate appointed by the chief justice of the Colorado supreme court or his or her designee and must be a qualified attorney-at-law admitted to practice in this state and in good standing.

(b) Notwithstanding any provision of law to the contrary, a bond hearing officer has the authority to conduct bond hearings for any jurisdiction in the state. A bond hearing officer shall conduct bond hearings on weekends and holidays using an interactive audiovisual device that provides the public with the opportunity to view the hearing and the crime victim, if any, with an opportunity to participate in the hearing if desired.

(2) (a) (I) Each judicial district that contains a county that is designated as a high priority or eligible county by the underfunded courthouse facility cash fund commission, created in section 13-1-303, has the right to have a bond hearing officer conduct weekend and holiday bond hearings. The chief judge of the judicial district shall notify the state court administrator if the judicial district wants to have a bond hearing officer conduct bond hearings on a weekend or holiday.

(II) If any other judicial district wants to have a bond hearing officer conduct bond hearings, the chief judge of the judicial district shall notify the state court administrator. The state court administrator shall determine which judicial districts not subject to subsection (2)(a)(I) of this section the bond hearing officer can serve within available resources.

(b) The state court administrator shall post a schedule for the bond hearings to be held by a bond hearing officer on its website.

(3) For each case heard by a bond hearing officer, the arresting jurisdiction shall electronically transmit the arrest report, pretrial services information, and all other relevant information to the bonding hearing officer prior to the hearing.
C.R.S. § 16-8-101.5 — CO Code / Title 16 / Article 8 / Part 1 / Section 16-8-101.5
16-8-101.5. Insanity defined - offenses committed on and after July 1, 1995 - definitions
Status: in_force

16-8-101.5. Insanity defined - offenses committed on and after July 1, 1995 - definitions. (1) The applicable test of insanity shall be:

(a) A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act is not accountable; except that care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives and kindred evil conditions, for, when the act is induced by any of these causes, the person is accountable to the law; or

(b) A person who suffered from a condition of mind caused by mental disease or defect that prevented the person from forming a culpable mental state that is an essential element of a crime charged, but care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives and kindred evil conditions because, when the act is induced by any of these causes, the person is accountable to the law.

(2) As used in this section:

(a) "Diseased or defective in mind" does not refer to an abnormality manifested only by repeated criminal or otherwise antisocial conduct. Evidence of knowledge or awareness of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation shall not constitute inability to distinguish right from wrong.

(b) "Gender identity" and "gender expression" have the same meaning as in section 18-1-901 (3)(h.5).

(c) "Mental disease or defect" includes only those severely abnormal mental conditions that grossly and demonstrably impair a person's perception or understanding of reality and that are not attributable to the voluntary ingestion of alcohol or any other psychoactive substance but does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

(d) "Sexual orientation" has the same meaning as in section 18-9-121 (5)(b).

(3) This section shall apply to offenses committed on or after July 1, 1995.
C.R.S. § 16-7-302 — CO Code / Title 16 / Article 7 / Part 3 / Section 16-7-302
16-7-302. Responsibilities of the trial judge with respect to plea discussions and agreeme
Status: in_force

16-7-302. Responsibilities of the trial judge with respect to plea discussions and agreements. (1) The trial judge shall not participate in plea discussions.

(2) If a tentative plea agreement has been reached which contemplates entry of a plea of guilty or nolo contendere (no contest) in the expectation that other charges before that court will be dismissed or that sentence concessions will be granted, the trial judge may, upon request of the parties, permit the disclosure to him of the tentative agreement and the reasons therefor in advance of the time for tender of the plea. He may then indicate to the district attorney and defense counsel or defendant whether he will concur in the proposed disposition if the information in the presentence report is consistent with the representations made to him. If the trial judge concurs but later decides that the final disposition should not include the charge or sentence concessions contemplated by the plea agreement, he shall so advise the defendant and then call upon the defendant to either affirm or withdraw his plea of guilty or nolo contendere (no contest).

(3) Notwithstanding the reaching of a plea agreement between the district attorney and defense counsel or defendant, the judge in every case should exercise an independent judgment in deciding whether to grant charge and sentence concessions.
C.R.S. § 16-3-601 — CO Code / Title 16 / Article 3 / Part 6 / Section 16-3-601
16-3-601. Recording custodial interrogations - definitions
Status: in_force

16-3-601. Recording custodial interrogations - definitions. (1) On and after July 1, 2017, except as provided for in subsection (2) of this section, when a peace officer reasonably believes he or she is investigating a class 1 or class 2 felony or a felony sexual assault described in section 18-3-402, 18-3-404, 18-3-405, or 18-3-405.5, C.R.S., the peace officer shall electronically record a custodial interrogation occurring in a permanent detention facility of any person suspected of such an offense.

(2) Subsection (1) of this section does not apply if:

(a) The defendant requests the interrogation not be recorded, as long as this request is preserved by electronic recording or in writing;

(b) The recording equipment fails;

(c) Recording equipment is unavailable, either through damage or extraordinary circumstances;

(d) Exigent circumstances relating to public safety prevent the preservation by electronic recording; or

(e) The interrogation is conducted outside the state of Colorado.

(3) Nothing in this section prevents a court from admitting a statement made in a custodial interrogation in a permanent detention facility as rebuttal or impeachment testimony of the defendant.

(4) If a law enforcement agency does not make an electronic recording of the custodial interrogation as required by this section, the court may still admit evidence from the interrogation. If the prosecution, when offering the evidence from the interrogation, establishes by a preponderance of the evidence that one of the exceptions identified in subsection (2) of this section applies or the circumstances described in subsection (3) of this section apply, the court may admit the evidence without a cautionary instruction. If the prosecution does not meet this burden of proof, the court shall provide a cautionary instruction to the jury regarding the failure to record the interrogation after admitting the evidence. The court shall instruct the jury that the failure to record the interrogation is a violation of the law enforcement agency's policy and state law and that the violation may be considered by the jury in determining the weight that is given to any statement of the defendant in violation of this policy in the course of the jury's deliberations.

(5) By July 1, 2017, all law enforcement agencies shall have available equipment for making electronic recordings and have in place policies and procedures for the preservation of custodial interrogations consistent with this section.

(6) For the purposes of this section, the following definitions apply:

(a) "Custodial interrogation" means any interrogation of a person while such person is in custody.

(b) "Custody" means restraint on a person's freedom such that a reasonable person would believe he or she is in police custody to the degree associated with a formal arrest.

(c) "Electronic recording" means an audio-visual recording that accurately preserves the statements of all parties to a custodial interrogation.

(d) "Interrogation" means words or conduct initiated by a law enforcement officer that the officer should know are reasonably likely to elicit an incriminating response from the suspect.

(e) "Permanent detention facility" means any building, structure, or place where persons are or may lawfully be held in custody or confinement under the jurisdiction of the state of Colorado or any political subdivision of the state of Colorado, including a building housing the offices of a law enforcement agency. "Permanent detention facility" does not include a vehicle, trailer, mobile office, or temporary structure.
C.R.S. § 16-2.5-124.5 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-124.5
16-2.5-124.5. Director of marijuana enforcement and marijuana enforcement investigator
Status: in_force

16-2.5-124.5. Director of marijuana enforcement and marijuana enforcement investigator. The director of the marijuana enforcement division or a marijuana enforcement investigator is a peace officer while engaged in the performance of his or her duties and while acting under proper orders or rules pursuant to article 10 of title 44, and shall also include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.
C.R.S. § 16-3-109 — CO Code / Title 16 / Article 3 / Part 1 / Section 16-3-109
16-3-109. Peace officer - authority to make arrest while off duty
Status: in_force

16-3-109. Peace officer - authority to make arrest while off duty. A peace officer, as described in section 16-2.5-101, who, while off duty, is employed in a capacity specifically permitted by policies and procedures adopted by such officer's governmental entity employer shall possess the status and authority which would otherwise be afforded an on-duty peace officer as described in section 16-2.5-101, acting within the course and scope of such officer's employment. To be within the scope of this section, a peace officer employed by a nongovernmental entity must be in uniform with the peace officer's public entity badge plainly visible, or such peace officer must have been approved for plain clothes work by the peace officer's governmental employer.
C.R.S. § 16-3-310 — CO Code / Title 16 / Article 3 / Part 3 / Section 16-3-310
16-3-310. Oral advisement and consent prior to search of a vehicle or a person during a po
Status: in_force

16-3-310. Oral advisement and consent prior to search of a vehicle or a person during a police contact. (1) (a) Prior to conducting a consensual search of a person who is not under arrest, the person's effects, or a vehicle, a peace officer shall comply with paragraph (b) of this subsection (1).

(b) A peace officer may conduct a consensual search only after articulating the following factors to, and subsequently receiving consent from, the person subject to the search or the person with the apparent or actual authority to provide permission to search the vehicle or effects. The factors are:

(I) The person is being asked to voluntarily consent to a search; and

(II) The person has the right to refuse the request to search.

(c) After providing the advisement required in paragraph (b) of this subsection (1), a peace officer may conduct the requested search only if the person subject to the search voluntarily provides verbal or written consent. Other evidence of knowing and voluntary consent may be acceptable, if the person is unable to provide written or verbal consent.

(2) A peace officer providing the advisement required pursuant to subsection (1) of this section need not provide a specific recitation of the advisement; substantial compliance with the substance of the factors is sufficient to comply with the requirement.

(3) If a defendant moves to suppress any evidence obtained in the course of the search, the court shall consider the failure to comply with the requirements of this section as a factor in determining the voluntariness of the consent.

(4) This section shall not apply to a search conducted pursuant to section 16-3-103, a valid search incident to or subsequent to a lawful arrest, or a search for which there is a legal basis other than voluntary consent. This shall include, but not be limited to, a search in a correctional facility or on correctional facility property, a detention facility, county detention facility, custody facility, juvenile correctional facility or any mental health institute or mental health facility operated by or under a contract with the department of human services, a community corrections facility, or a jail or a search of a person subject to probation or parole by a community supervision or parole officer when the person has consented to search as a term and condition of any probation or parole.
C.R.S. § 16-20.5-106 — CO Code / Title 16 / Article 20.5 / Section 16-20.5-106
16-20.5-106. Approval - funding
Status: repealed

16-20.5-106. Approval - funding. (Repealed)
C.R.S. § 16-14-107 — CO Code / Title 16 / Article 14 / Section 16-14-107
16-14-107. Prisoners to be informed of provisions of article
Status: in_force

16-14-107. Prisoners to be informed of provisions of article. The superintendent shall arrange for all prisoners under his care and control to be informed in writing of the provisions of this article and for a record thereof to be placed in each prisoner's file.
C.R.S. § 16-2.5-106 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-106
16-2.5-106. Southern Ute Indian police officer
Status: in_force

16-2.5-106. Southern Ute Indian police officer. A Southern Ute Indian police officer is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.
C.R.S. § 16-8-113 — CO Code / Title 16 / Article 8 / Part 1 / Section 16-8-113
16-8-113. Restoration to competency
Status: repealed

16-8-113. Restoration to competency. (Repealed)
C.R.S. § 16-4-302 — CO Code / Title 16 / Article 4 / Part 3 / Section 16-4-302
16-4-302. Arrest of person illegally in state
Status: in_force

16-4-302. Arrest of person illegally in state. (1) If a person who has been charged with crime in another state and released from custody prior to final judgment, including the final disposition of any appeal, is alleged to have violated the terms and conditions of his release, and is present in this state, a designated agent of the court, judge, or magistrate who authorized the release may request the issuance of a warrant for the arrest of the person and an order authorizing his return to the demanding court, judge, or magistrate. Before the warrant is issued, the designated agent shall file with the judge of a court of record of this state the following documents:

(a) An affidavit stating the name and whereabouts of the person whose return is sought, the crime with which the person was charged, the time and place of the crime charged, and the status of the proceedings against him; and

(b) A certified copy of the order or other document specifying the terms and conditions under which the person was released from custody; and

(c) A certified copy of an order of the demanding judge, court, or magistrate stating the manner in which the terms and conditions of the release have been violated and designating the affiant its agent for seeking the return of the person.

(2) Upon initially determining that the affiant is a designated agent of the demanding judge, court, or magistrate, and that there is probable cause for believing that the person whose return is sought has violated the terms and conditions of his release, the judge of this state shall issue a warrant to a peace officer of this state for the person's arrest.

(3) The judge of this state shall notify the district attorney of his action and shall direct him to investigate the case and to ascertain the validity of the affidavits and documents required by subsection (1) of this section and the identity and authority of the affiant.
C.R.S. § 16-2.5-501 — CO Code / Title 16 / Article 2.5 / Part 5 / Section 16-2.5-501
16-2.5-501. Definitions
Status: in_force

16-2.5-501. Definitions. As used in this part 5, unless the context otherwise requires:

(1) "Credibility disclosure notification" means the notification described in section 16-2.5-502 (2)(c).

(2) "Law enforcement agency" means a state or local agency that employs peace officers.

(3) "Peace officer" means a peace officer as defined in section 24-31-901 (3) and includes an officer, reserve, volunteer, or employee who performs a law enforcement function.
C.R.S. § 16-13-212 — CO Code / Title 16 / Article 13 / Part 2 / Section 16-13-212
16-13-212. Appeal
Status: repealed

16-13-212. Appeal. (Repealed)
C.R.S. § 16-22-104 — CO Code / Title 16 / Article 22 / Section 16-22-104
16-22-104. Initial registration - effective date
Status: repealed

16-22-104. Initial registration - effective date. (1) (a) (I) Beginning January 1, 2005, for any person required to register pursuant to section 16-22-103, the court, within the later of twenty-four hours or the next business day after sentencing the person, shall electronically file with the CBI the initial registration of the person, providing the information required by the CBI.

(II) Beginning May 27, 2004, the court shall specify on the judgment of conviction the person's duty to register as required in section 16-22-108, including but not limited to the duty to confirm registration if the person is sentenced on or after January 1, 2005, and the person's duty to reregister.

(b) Any person who is sentenced prior to January 1, 2005, and who is required to register pursuant to section 16-22-103 shall initially register in the manner provided and within the times specified in section 16-22-108 (1)(a) for registration.

(c) The state court administrator is hereby authorized to receive and expend any public or private gifts, grants, or donations that may be available to offset the costs incurred in implementing the provisions of this subsection (1).

(2) Repealed.
C.R.S. § 16-15.7-104 — CO Code / Title 16 / Article 15.7 / Section 16-15.7-104
16-15.7-104. In camera review - confidentiality - records and information - criminal penalty
Status: in_force

16-15.7-104. In camera review - confidentiality - records and information - criminal penalty. (1) (a) A crime stopper organization may not be compelled to produce records concerning a report of criminal activity before a court or other tribunal except on the motion of a criminal defendant to the court in which the offense is being tried that the records or report contain impeachment evidence or evidence that is exculpatory to the defendant in the trial of that offense.

(b) On motion of a defendant pursuant to paragraph (a) of this subsection (1), the court may subpoena the records or report. The court shall conduct an ex parte in camera inspection of materials produced under subpoena to determine whether the materials contain impeachment evidence or evidence that is exculpatory to the defendant.

(c) If the court determines that the materials produced contain impeachment evidence or evidence that is exculpatory to the defendant, the court shall present the evidence to the defendant. In the event the materials contain information which would identify the person who was the source of the evidence, the court shall ensure that such identity is not disclosed, unless the state or federal constitution requires the disclosure of that person's identity. The court shall execute an affidavit accompanying the disclosed materials swearing that, in the opinion of the court, the materials disclosed represent the impeachment or exculpatory evidence the defendant is entitled to receive under this section.

(d) The court shall return to the crime stoppers organization all materials produced under this subsection (1) which are not disclosed to the defendant. The crime stoppers organization shall retain such materials until the conclusion of the criminal trial and the expiration of the time for all direct appeals in the case.

(2) (a) Records and information of a crime stopper organization concerning criminal acts are confidential, and no person shall disclose such records or information. A crime stopper organization shall only be compelled to produce such records or information before a court or other tribunal pursuant to court order for an in camera review. Any such review shall be limited to an inspection of records and information which are relevant to the specific case pending before the court.

(b) Any person who knowingly or intentionally discloses confidential records or information in violation of the provisions of this subsection (2) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. Any criminal prosecution brought pursuant to the provisions of this subsection (2) shall be brought within five years after the date the violation occurred.
C.R.S. § 16-18.5-113 — CO Code / Title 16 / Article 18.5 / Section 16-18.5-113
16-18.5-113. Office of restitution services - created
Status: in_force

16-18.5-113. Office of restitution services - created. (1) There is created in the judicial department the office of restitution services, referred to in this section as the "office". The purpose of the office is to assist victims who are owed court-ordered restitution.

(2) The office shall:

(a) Receive requests from victims requesting semiannual statements as set forth in subsection (3) of this section;

(b) Answer general questions and assist victims with case-specific questions related to court-ordered restitution;

(c) Create and maintain a web page on the judicial department website with resources and information on court-ordered restitution;

(d) Assist with training related to the administration of the restitution system;

(e) Enhance communications for postsentence restitution; and

(f) Collaborate with victim advocacy programs.

(3) (a) A victim who is owed court-ordered restitution may submit a request to the office to provide semiannual statements detailing the restitution payments the defendant has made to the victim and the disbursements the court has made to the victim. The statement must include the outstanding amount of court-ordered restitution owed to the victim.

(b) The office shall verify the identity of the victim making the request described in subsection (3)(a) of this section to ensure the victim is owed court-ordered restitution for the case.

(c) The office shall not provide information related to court-ordered restitution to other victims in the same case or in other cases in which the victim requests a semiannual statement pursuant to subsection (3)(a) of this section.
C.R.S. § 16-6-104 — CO Code / Title 16 / Article 6 / Part 1 / Section 16-6-104
16-6-104. Application of rules of criminal procedure
Status: in_force

16-6-104. Application of rules of criminal procedure. Except as otherwise provided by sections 16-6-101 to 16-6-103, the filing of an application for change of venue and all proceedings relating thereto are governed by the provisions of applicable rules of criminal procedure adopted by the supreme court of Colorado.
C.R.S. § 16-13-1001 — CO Code / Title 16 / Article 13 / Part 10 / Section 16-13-1001
16-13-1001. Legislative declaration
Status: in_force

16-13-1001. Legislative declaration. (1) The general assembly finds that:

(a) (I) In the 2012 case of Miller v. Alabama, the United States supreme court held that imposing a mandatory life sentence without the possibility of parole on a juvenile is a cruel and unusual punishment prohibited by the eighth amendment to the United States constitution; and

(II) The court further held that children are constitutionally different than adults for purposes of sentencing; and

(b) (I) In the 2016 case of Montgomery v. Louisiana, the court held that Miller v. Alabama announced a substantive rule of constitutional law that applies retroactively; and

(II) In light of the court's holding that children are constitutionally different than adults in their level of culpability, the court further held that prisoners serving life sentences for crimes that they committed as juveniles must be given the opportunity to show that their crimes did not reflect irreparable corruption, and, if they did not, then their hope for some years of life outside prison walls must be restored; and

(III) The court made it clear that a sentence to a lifetime in prison is an unconstitutional sentence for all but the rarest of children.

(2) The general assembly further finds that:

(a) A juvenile sentenced in Colorado for a conviction of a class 1 felony as a result of a direct file or transfer of an offense committed on or after July 1, 1990, and before July 1, 2006, was sentenced to a mandatory life sentence without the possibility of parole; and

(b) Approximately fifty persons in Colorado received such an unconstitutional sentence.

(3) Now, therefore, the general assembly hereby declares that this part 10 is necessary to provide persons serving such unconstitutional sentences the opportunity for resentencing.
C.R.S. § 16-13-511 — CO Code / Title 16 / Article 13 / Part 5 / Section 16-13-511
16-13-511. Severability
Status: in_force

16-13-511. Severability. If any provision of this part 5 is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this part 5 are valid, unless it appears to the court that the valid provisions of this part 5 are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed that the general assembly would have enacted the valid provisions without the void provision or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent of this part 5.
C.R.S. § 16-4-107.5 — CO Code / Title 16 / Article 4 / Part 1 / Section 16-4-107.5
16-4-107.5. Hearing after excluding time for speedy trial for public health emergency - repe
Status: repealed

16-4-107.5. Hearing after excluding time for speedy trial for public health emergency - repeal. (Repealed)
C.R.S. § 16-1-101 — CO Code / Title 16 / Article 1 / Section 16-1-101
16-1-101. Short title
Status: in_force

16-1-101. Short title. (1) Articles 1 to 13 of this title shall be known and may be cited as the "Colorado Code of Criminal Procedure". Within those articles, the "Colorado Code of Criminal Procedure" is sometimes referred to as "this code".

(2) The portion of any section, subsection, paragraph, or subparagraph contained in this code which precedes a list of examples, requirements, conditions, or other items may be referred to and cited as the "introductory portion" of such section, subsection, paragraph, or subparagraph.
C.R.S. § 16-11-308.5 — CO Code / Title 16 / Article 11 / Part 3 / Section 16-11-308.5
16-11-308.5. Authority to contract with a county or a city and county for placement of prison
Status: in_force

16-11-308.5. Authority to contract with a county or a city and county for placement of prisoners in custody of executive director. (1) The general assembly hereby finds and declares that the department of corrections needs to reduce the backlog of state prisoners in local jails and that such reduction may occur by means of contracting with local jails for jail space in an amount equal to the number of inmates backlogged in local jails. The general assembly also finds and declares that it is the general assembly's intent that the department of corrections cooperate with each contracting county or city and county to select inmates for placement who will eventually be released in that county, city and county, or geographic area, or who have special protective needs, or who have occupational skills or plans that are compatible with the county's or city and county's needs.

(1.5) For the purposes of this section, "local jail" means a jail or an adult detention center of a county or city and county.

(2) (a) The executive director of the department of corrections may enter into a contract with any county or city and county for the placement in a local jail of any person who is in the custody of the executive director. Subject to appropriations, the executive director may provide an incentive to any county or city and county to encourage such county or city and county to so contract. The incentive shall not exceed ten percent of the daily rate as determined pursuant to section 17-1-112, C.R.S., multiplied by the number of days of confinement of any such person in such local jail.

(b) In any such placement in a local jail, the executive director shall be governed by the provisions of section 16-11-308 and shall retain jurisdiction over any person so placed for the purpose of any transfer to a state institution or treatment facility pursuant to section 16-11-308 (5).

(3) Except for contracts executed in the fiscal year beginning July 1, 1988, the board of county commissioners in each county or city council of each city and county desiring to contract with the department of corrections shall notify said department, on or before September 1 of each year, of the jail space available for contract on July 1 of the following year.

(4) Commencing with the fiscal year beginning July 1, 1988, the department of corrections shall execute contracts with counties or city and counties indicating a willingness to contract for available jail space as soon as is practicable after July 1, 1988.

(5) Beginning with budget requests required to be submitted by November 1, 1988, the executive director of the department of corrections shall include the costs of contracting for jail space in the department's annual budget request to be submitted to the joint budget committee.
C.R.S. § 16-11.9-102 — CO Code / Title 16 / Article 11.9 / Part 1 / Section 16-11.9-102
16-11.9-102. Screening for behavioral or mental health disorders - standardized process - dev
Status: in_force

16-11.9-102. Screening for behavioral or mental health disorders - standardized process - development. (1) The director of the division of criminal justice in the department of public safety is responsible for ensuring that the head of the department of psychiatry at the university of Colorado health sciences center, the judicial department, the department of corrections, the state board of parole, the division of criminal justice in the department of public safety, the behavioral health administration in the department of human services, and the units responsible for the mental health institutes and forensic services in the department of human services meet and cooperate to develop a standardized screening procedure for the assessment of behavioral or mental health disorders in persons who are involved in the adult criminal justice system. The standardized screening procedure must include, but is not limited to:

(a) Development or identification of one or more standardized instruments for screening persons who are involved in the adult criminal justice system;

(b) Development of criteria for potential use of such standardized instruments, including consideration of methods of addressing confidential communications by those persons who will be screened for behavioral or mental health disorders;

(c) Identification of those persons who will be utilizing the standardized screening instruments, and consideration of training requirements for such persons;

(d) Identification of those persons who will be screened for behavioral or mental health disorders;

(e) The stages within the adult criminal justice system at which a person shall be screened for a behavioral or mental health disorder, including consideration of methods of addressing confidential communications by a person screened for a behavioral or mental health disorder;

(f) Consideration of a standard definition of a behavioral or mental health disorder, including a serious behavioral or mental health disorder; and

(g) Development of procedures for referral for further assessment based on the results of the screening.

(2) In conjunction with the development of a standardized behavioral or mental health disorder screening procedure for the adult criminal justice system as specified in subsection (1) of this section, the judicial department, the division of youth services in the department of human services, the unit responsible for child welfare services in the department of human services, the behavioral health administration in the department of human services, the units responsible for the mental health institutes and forensic services in the department of human services, the division of criminal justice in the department of public safety, and the department of corrections shall cooperate to develop a standardized screening procedure for the assessment of behavioral or mental health disorders in juveniles who are involved in the juvenile justice system. The standardized screening procedure must include, but is not limited to:

(a) Development or identification of one or more standardized instruments for screening persons who are involved in the juvenile justice system;

(b) Development of criteria for potential use of such standardized instruments, including consideration of methods of addressing confidential communications by those persons who will be screened for behavioral or mental health disorders;

(c) Identification of those persons who will be utilizing the standardized screening instruments, and consideration of training requirements for such persons;

(d) Identification of those persons who will be screened for behavioral or mental health disorders;

(e) The stages within the juvenile justice system at which a person shall be screened for a behavioral or mental health disorder, including consideration of methods of addressing confidential communications by a person screened for a behavioral or mental health disorder;

(f) Consideration of a standard definition of a behavioral or mental health disorder, including a serious behavioral or mental health disorder; and

(g) Development of procedures for referral for further assessment based on the results of the screening.
C.R.S. § 16-2.5-113 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-113
16-2.5-113. Colorado bureau of investigation director - agent
Status: in_force

16-2.5-113. Colorado bureau of investigation director - agent. A director of the Colorado bureau of investigation is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board. A Colorado bureau of investigation agent is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado pursuant to section 24-33.5-409, C.R.S., and who may be certified by the P.O.S.T. board.
C.R.S. § 16-9-202 — CO Code / Title 16 / Article 9 / Part 2 / Section 16-9-202
16-9-202. Summoning witness to testify in another state
Status: in_force

16-9-202. Summoning witness to testify in another state. (1) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of the court that there is a criminal prosecution pending in such court or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of the certificate to any judge of a court of record in the county in which such person is, the judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.

(2) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or grand jury investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by ordinary course of travel, will give to him protection from arrest and the service of civil and criminal process in connection with matters which arose before his entering into that state under the summons, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing, the certificate shall be prima facie evidence of all the facts stated therein.

(3) If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, the judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before him for the hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability, in lieu of issuing subpoena or summons, shall order that said witness be forthwith taken into custody and delivered to an officer of the requesting state.

(4) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and twenty dollars for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
C.R.S. § 16-20-104 — CO Code / Title 16 / Article 20 / Section 16-20-104
16-20-104. Executive authority - procedure
Status: in_force

16-20-104. Executive authority - procedure. (1) When the executive authority of any state demands of the executive authority of this state any fugitive pursuant to this article and produces a copy of commitment, decree, or other process and proceedings certified as authentic by the executive authority of the state from which the person so charged has fled, with an affidavit made before a proper officer showing the person to be such fugitive, it is the duty of the executive authority of this state to cause immediate notice of the apprehension to be given to the executive authority making such demand or to the agent of such executive authority appointed to receive the fugitive and to cause the fugitive to be delivered to such agent when he appears. If no such agent appears within thirty days from the time of the apprehension, the fugitive may be discharged. Any agent so appointed who receives the fugitive into his custody shall transmit him to the state from which he has fled.

(2) All costs and expenses incurred in apprehending, securing, maintaining, and transmitting such fugitive to the state making such demand shall be paid by such state.

(3) The executive authority of this state has the power, on the application of any person interested, to demand the return of any fugitive from this state in accordance with this article.
C.R.S. § 16-19-111 — CO Code / Title 16 / Article 19 / Section 16-19-111
16-19-111. Rights of accused - habeas corpus
Status: in_force

16-19-111. Rights of accused - habeas corpus. No person arrested upon such a warrant shall be delivered over to the agent whom the executive authority demanding him has appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged and that he has the right to demand and procure legal counsel. If the prisoner or his counsel states that he or they desire to test the legality of his arrest, the judge of the court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody and to the agent of the demanding state. Review beyond the court of record shall be only in the supreme court by petition for certiorari, pursuant to such rules as that court may promulgate.
C.R.S. § 16-19-125 — CO Code / Title 16 / Article 19 / Section 16-19-125
16-19-125. Immunity from civil process
Status: in_force

16-19-125. Immunity from civil process. A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being or has been returned, until he has been convicted in the criminal proceeding, or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited.
C.R.S. § 16-21-102 — CO Code / Title 16 / Article 21 / Section 16-21-102
16-21-102. "Offender" defined
Status: in_force

16-21-102. "Offender" defined. Except as otherwise provided in section 16-21-103, for the purposes of this article, "offender" means any person charged as an adult with a felony, a class 1 misdemeanor, or a misdemeanor pursuant to section 42-4-1301, C.R.S., or a crime, the underlying factual basis of which included an act of domestic violence, as defined in section 18-6-800.3 (1), C.R.S.
C.R.S. § 16-4-101 — CO Code / Title 16 / Article 4 / Part 1 / Section 16-4-101
16-4-101. Bailable offenses - definitions
Status: in_force

16-4-101. Bailable offenses - definitions. (1) All persons shall be bailable by sufficient sureties except:

(a) For capital offenses when proof is evident or presumption is great; or

(b) When, after a hearing held within ninety-six hours of arrest and upon reasonable notice, the court finds that the proof is evident or the presumption is great as to the crime alleged to have been committed and finds that the public would be placed in significant peril if the accused were released on bail and such person is accused in any of the following cases:

(I) A crime of violence alleged to have been committed while on probation or parole resulting from the conviction of a crime of violence;

(II) A crime of violence alleged to have been committed while on bail pending the disposition of a previous crime of violence charge for which probable cause has been found;

(III) A crime of violence alleged to have been committed after two previous felony convictions, or one such previous felony conviction if such conviction was for a crime of violence, upon charges separately brought and tried under the laws of this state or under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States which, if committed in this state, would be a felony;

(IV) A crime of possession of a weapon by a previous offender alleged to have been committed in violation of section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5), as those provisions existed prior to their repeal on March 1, 2022;

(V) Sexual assault, as described in section 18-3-402, sexual assault in the first degree, as described in section 18-3-402, as it existed prior to July 1, 2000, sexual assault in the second degree, as described in section 18-3-403, as it existed prior to July 1, 2000, sexual assault on a child, as described in section 18-3-405, or sexual assault on a child by one in a position of trust, as described in section 18-3-405.3 in which the victim is fourteen years of age or younger and seven or more years younger than the accused.

(c) When a person has been convicted of a crime of violence or a crime of possession of a weapon by a previous offender, as described in section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5), as those provisions existed prior to their repeal on March 1, 2022, at the trial court level and the person is appealing the conviction or awaiting sentencing for the conviction and the court finds that the public would be placed in significant peril if the convicted person were released on bail; or

(d) For the offense of murder in the first degree, as described in section 18-3-102, committed on or after the effective date of this subsection (1)(d), when proof is evident or presumption is great.

(2) For purposes of this section, "crime of violence" shall have the same meaning as set forth in section 18-1.3-406 (2), C.R.S.

(3) In any capital case or case in which the defendant is charged with murder in the first degree, the defendant may make a written motion for admission to bail upon the ground that the proof is not evident or that presumption is not great, and the court shall promptly conduct a hearing upon the motion. At the hearing, the burden is on the people to establish that the proof is evident or that the presumption is great. The court may combine in a single hearing the questions as to whether the proof is evident or the presumption great with the determination of the existence of probable cause to believe that the defendant committed the crime charged.

(4) Except in the case of a capital offense or case in which the defendant is charged with murder in the first degree, if a person is denied bail pursuant to this section, the trial of the person must be commenced not more than ninety-one days after the date on which bail is denied. If the trial is not commenced within ninety-one days and the delay is not attributable to the defense, the court shall immediately schedule a bail hearing and shall set the amount of the bail for the person.

(5) When a person is arrested for a crime of violence, as defined in section 16-1-104 (8.5), or a criminal offense alleging the use or possession of a deadly weapon or the causing of bodily injury to another person, or a criminal offense alleging the possession of a weapon by a previous offender, as described in section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5), as those provisions existed prior to their repeal in 2022, and such person is on parole, the law enforcement agency making the arrest shall notify the department of corrections within twenty-four hours. The person so arrested shall not be eligible for bail to be set until at least seventy-two hours from the time of his or her arrest has passed.
C.R.S. § 16-2.5-131 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-131
16-2.5-131. Chief security officer for the general assembly
Status: in_force

16-2.5-131. Chief security officer for the general assembly. The chief security officer for the general assembly is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to section 2-2-402, C.R.S.
C.R.S. § 16-2-113 — CO Code / Title 16 / Article 2 / Part 1 / Section 16-2-113
16-2-113. Appearance of defendant before judge - subsequent procedure
Status: in_force

16-2-113. Appearance of defendant before judge - subsequent procedure. (1) Upon appearance of the defendant before the judge in response to a summons or following arrest for a misdemeanor or a petty offense and in all proceedings thereafter unless otherwise provided in this code, the Colorado rules of criminal procedure are applicable. Prosecution may be conducted on the summons and complaint or the separate complaint if one has been filed. Trial may be held forthwith if the court calendar permits, immediate trial appears proper, and the parties do not request a continuance for good cause. Otherwise, the case shall be set for trial as soon as possible.

(2) Upon appearance before a judge for an offense under section 42-2-138 (1)(d) or 42-4-1301 (1) or (2)(a), C.R.S., the judge may order conditions of the summons, including but not limited to drug and alcohol evaluation and treatment. For a violation of an order entered pursuant to this subsection (2), a court may revoke the summons, issue a warrant for the defendant's arrest, and impose bail pursuant to the provisions of article 4 of this title.
C.R.S. § 16-21-105 — CO Code / Title 16 / Article 21 / Section 16-21-105
16-21-105. Applicability of article to municipal courts - local law enforcement
Status: in_force

16-21-105. Applicability of article to municipal courts - local law enforcement. (1) The provisions of this article concerning the duty of a law enforcement agency to identify on the face of a complaint, summons, or summons and complaint whether the factual basis of the charge or charges being filed include an act of domestic violence shall apply to local law enforcement agencies.

(2) The provisions of this article concerning the duty of a court to notify the bureau concerning actions involving crimes in which the charge or charges include an act of domestic violence shall apply to municipal courts.
C.R.S. § 16-3-105 — CO Code / Title 16 / Article 3 / Part 1 / Section 16-3-105
16-3-105. Release by arresting authority
Status: in_force

16-3-105. Release by arresting authority. (1) When a person has been arrested without a warrant, he may be released by the arresting authority on its own authority if:

(a) The arresting officer or a responsible command officer of the arresting authority is satisfied that there are no adequate grounds for criminal complaint against the person arrested; or

(b) The offense for which the person was arrested and is being held is a misdemeanor or petty offense and the arresting officer or a responsible command officer of the arresting authority is satisfied that the person arrested will obey a summons commanding his appearance at a later date.

(1.5) No person arrested for any crime or offense, the underlying factual basis of which includes an act of domestic violence as defined in section 18-6-800.3 (1), C.R.S., shall be released at the scene of the alleged crime pursuant to subsection (1) of this section.

(2) If the person is released in accordance with subsection (1)(b) of this section, he shall be given a summons and complaint as provided for in sections 16-2-104 and 16-2-106 and shall sign a written acknowledgment of its receipt and a promise to appear at the time and place specified.
C.R.S. § 16-14-108 — CO Code / Title 16 / Article 14 / Section 16-14-108
16-14-108. Construction of article
Status: in_force

16-14-108. Construction of article. This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
C.R.S. § 16-10-103 — CO Code / Title 16 / Article 10 / Part 1 / Section 16-10-103
16-10-103. Challenge of jurors for cause
Status: in_force

16-10-103. Challenge of jurors for cause. (1) The court shall sustain a challenge for cause on one or more of the following grounds:

(a) Absence of any qualification prescribed by statute to render a person competent as a juror;

(b) Relationship within the third degree, by blood, adoption, or marriage, to a defendant or to any attorney of record or attorney engaged in the trial of the case;

(c) Standing in the relation of guardian and ward, employer and employee, landlord and tenant, debtor and creditor, or principal and agent to, or being a member of the household of, or a partner in business with, or surety on any bond or obligation for any defendant;

(d) The juror is or has been a party adverse to the defendant in a civil action or has complained against or been accused by him in a criminal prosecution;

(e) The juror has served on the grand jury which returned the indictment, or on a coroner's jury which inquired into the death of a person whose death is the subject of the indictment or information, or on any other investigatory body which inquired into the facts of the crime charged;

(f) The juror was a juror at a former trial arising out of the same factual situation or involving the same defendant;

(g) The juror was a juror in a civil action against the defendant arising out of the act charged as a crime;

(h) The juror was a witness to any matter related to the crime or its prosecution;

(i) The juror occupies a fiduciary relationship to the defendant or a person alleged to have been injured by the crime or the person on whose complaint the prosecution was instituted;

(j) The existence of a state of mind in the juror evincing enmity or bias toward the defendant or the state; however, no person summoned as a juror shall be disqualified by reason of a previously formed or expressed opinion with reference to the guilt or innocence of the accused, if the court is satisfied, from the examination of the juror or from other evidence, that he will render an impartial verdict according to the law and the evidence submitted to the jury at the trial;

(k) The juror is a compensated employee of a public law enforcement agency or a public defender's office.

(2) If any juror knows of anything which would disqualify him as a juror or be a ground for challenge to him for cause, it is his duty to inform the court concerning it whether or not he is specifically asked about it. The jury panel shall be advised of this duty and of the grounds for challenge for cause before any prospective jurors are called to the jury box.

(3) If either party desires to introduce evidence of the incompetency, disqualification, or prejudice of any prospective juror who upon the voir dire examination appears to be qualified, competent, and unprejudiced, such evidence shall be heard, and the competency of the juror shall be determined, by the court, out of the presence of the other jurors, but this action cannot be taken after the jury has been sworn to try the case except upon a motion for mistrial.
C.R.S. § 16-20.5-108 — CO Code / Title 16 / Article 20.5 / Section 16-20.5-108
16-20.5-108. Local criminal justice agencies pilot program
Status: repealed

16-20.5-108. Local criminal justice agencies pilot program. (Repealed)
C.R.S. § 16-8-105 — CO Code / Title 16 / Article 8 / Part 1 / Section 16-8-105
16-8-105. Procedure after plea for offenses committed before July 1, 1995
Status: in_force

16-8-105. Procedure after plea for offenses committed before July 1, 1995. (1) When a plea of not guilty by reason of insanity is accepted, the court shall forthwith commit the defendant for a sanity examination, specifying the place and period of commitment.

(2) Upon receiving the report of the sanity examination, the court shall immediately set the case for trial to a jury on the issue raised by the plea of not guilty by reason of insanity. In all cases except class 1, class 2, and class 3 felonies, the defendant may waive jury trial by an express written instrument or announcement in open court appearing of record. If the court and the district attorney consent, jury trial may be waived in a class 1, class 2, or class 3 felony case. Every person is presumed to be sane; but, once any evidence of insanity is introduced, the people have the burden of proving sanity beyond a reasonable doubt.

(3) If the trier of fact finds the defendant was sane at the time of commission of the offense, the court, unless it has reason to believe that the defendant is incompetent to proceed or the question is otherwise raised as provided in section 16-8.5-102, shall immediately set the case for trial on the issues raised by the plea of not guilty. If the question of whether the defendant is incompetent to proceed is raised, the court shall follow the procedure set forth in section 16-8.5-103.

(4) If the trier of fact finds the defendant not guilty by reason of insanity, the court shall commit the defendant to the custody of the department of human services until such time as he is found eligible for release. The executive director of the department of human services shall designate the state facility at which the defendant shall be held for care and psychiatric treatment and may transfer the defendant from one institution to another if in the opinion of the director it is desirable to do so in the interest of the proper care, custody, and treatment of the defendant or the protection of the public or the personnel of the facilities in question.

(5) This section shall apply to offenses committed before July 1, 1995.
C.R.S. § 16-13-312 — CO Code / Title 16 / Article 13 / Part 3 / Section 16-13-312
16-13-312. Violation of injunction
Status: in_force

16-13-312. Violation of injunction. Any violation or disobedience of any injunction or order issued by the court in an action to abate a public nuisance shall be punished as a contempt of court by a fine of not less than two hundred dollars nor more than two thousand dollars; but the court may treat each day on which the violation or disobedience of an injunction or order continues or recurs as a separate contempt and may impose a fine, in addition to the fine provided in this section, in an amount not to exceed five hundred dollars per day.
C.R.S. § 16-11-101.8 — CO Code / Title 16 / Article 11 / Part 1 / Section 16-11-101.8
16-11-101.8. State income tax refund and lottery winnings offsets - fines, fees, costs, or su
Status: in_force

16-11-101.8. State income tax refund and lottery winnings offsets - fines, fees, costs, or surcharges - definitions. (1) In any case in which a defendant has an unsatisfied fine, fee, cost, or surcharge obligation imposed pursuant to law or a court order, the judicial department is authorized to transmit data concerning the obligation to the department of revenue for the purpose of conducting a data match and offsetting the obligation against a state income tax refund pursuant to section 39-21-108 (3) or lottery winnings pursuant to section 44-40-114. For any obligation identified by the judicial department for offset, the state court administrator shall:

(a) On at least an annual basis, certify to the department of revenue the social security number of the defendant who is obligated to pay the obligation and the amount of the outstanding obligation. The department of revenue may request additional identifying information from the judicial department that is necessary to obtain an accurate data match.

(b) Upon notification by the department of revenue of a data match, notify the appropriate court that a match has occurred and that an offset is pending and provide to the court the identifying information received from the department concerning the defendant whose state income tax refund is subject to the offset;

(c) Provide or require the appropriate court to provide written notice to the defendant that the state intends to offset the defendant's obligation against his or her state income tax refund or lottery winnings and that the defendant has the right to object to the offset and request an administrative review; and

(d) Upon receipt of funds for offset from the department of revenue, transmit the funds to the appropriate court.

(2) The clerk of court shall apply funds received pursuant to this section to the defendant's outstanding fines, fees, costs, or surcharges. If the moneys received exceed the defendant's current obligation, the excess may be applied to other financial obligations the defendant owes the court or the judicial department. If no other financial obligations are owed, the clerk of court shall refund any excess moneys to the defendant.

(3) The state court administrator may adopt rules establishing the process by which a defendant may object to an offset and request an administrative review. The sole issues to be determined at the administrative review shall be whether the person is required to pay the fines, fees, costs, or surcharges pursuant to law or an order entered by a court of this state and the amount of the outstanding fines, fees, costs, or surcharges.

(4) The department of revenue is authorized to receive data from the judicial department and execute offsets of state income tax refunds and lottery winnings in accordance with this section and sections 39-21-108 (3) and 44-40-114.

(5) As used in this section, "defendant" means any person who has been assessed a fine, fee, cost, or surcharge as an adult or juvenile pursuant to law or a court order.
C.R.S. § 16-18.5-106 — CO Code / Title 16 / Article 18.5 / Section 16-18.5-106
16-18.5-106. Restitution for persons sentenced to the department of corrections
Status: in_force

16-18.5-106. Restitution for persons sentenced to the department of corrections. (1) Whenever a person is sentenced to the department of corrections, the department of corrections is authorized to conduct an investigation into the financial circumstances of the defendant, as described in section 16-18.5-104 (3), for purposes of determining the defendant's ability to pay court ordered costs, surcharges, restitution, time payment fees, late fees, and other fines, fees, or surcharges pursuant to section 16-18.5-110.

(2) During any period of time that a defendant is a state inmate, as defined in section 17-1-102 (8), C.R.S., the executive director of the department of corrections, or his or her designee, may fix the time and manner of payment for court ordered costs, surcharges, restitution, time payment fees, late fees, and any other fines, fees, or surcharges pursuant to section 16-18.5-110 resulting from a criminal case or for child support, and may direct that a portion of the deposits into such inmate's bank account be applied to any outstanding balance existing before, on, or after September 1, 2000. At a minimum, the executive director shall order that twenty percent of all deposits into an inmate's bank account, including deposits for inmate pay shall be deducted and paid toward any outstanding order from a criminal case or for child support. If an inmate owes money on more than one order from a criminal case or for child support, the executive director may equitably apportion payments among the outstanding obligations.

(2.5) (a) The department of corrections shall intercept government windfall payments before the government windfall payments are made available in an inmate's bank account. The department of corrections shall send funds from intercepted government windfall payments to the judicial department in an amount equal to any amount owed by the inmate pursuant to section 16-18.5-110. The judicial department shall then disperse the funds in accordance with section 16-18.5-110. The department of corrections shall disperse any remaining funds in accordance with section 16-18.5-106. If any funds remain after all of the inmate's outstanding obligations are fulfilled, the excess funds must be placed in the inmate's bank account.

(b) As used in this subsection (2.5), "government windfall payment" means an unusual payment from a governmental entity to an inmate in the department of corrections and includes economic stimulus payments and any other unusual government payments. "Government windfall payment" does not include payments to inmates for wages, pensions, disability payments, child support, tuition, restitution, and victim compensation.

(3) Whenever a defendant is released from a correctional facility, the defendant shall be obligated to make payments for restitution as required by section 17-2-201 (5)(c)(I), C.R.S.

(4) The department of corrections may enter into a memorandum of understanding with the judicial department or contract with a private collection agency for the collection of court ordered costs, surcharges, restitution, time payment fees, late fees, and any other fines, fees, or surcharges pursuant to section 16-18.5-110 from defendants sentenced to the department of corrections or released on parole.
C.R.S. § 16-11-309 — CO Code / Title 16 / Article 11 / Part 3 / Section 16-11-309
16-11-309. Mandatory sentences for violent crimes
Status: repealed

16-11-309. Mandatory sentences for violent crimes. (Repealed)
C.R.S. § 16-7-207.5 — CO Code / Title 16 / Article 7 / Part 2 / Section 16-7-207.5
16-7-207.5. Court's duty to inform defendants with current or prior military service on firs
Status: in_force

16-7-207.5. Court's duty to inform defendants with current or prior military service on first appearance in court and on pleas of guilty. (1) At the first appearance of a defendant in court or upon arraignment, whichever is first in time, the court shall ascertain whether the defendant is serving in the United States armed forces or is a veteran of such forces. The court shall inform any such defendant that the defendant may be entitled to receive mental health treatment, substance use disorder treatment, or other services as a veteran. If the jurisdiction does not have a veterans treatment court, the court shall inform the defendant of the possibility of petitioning to transfer probation supervision after a plea or sentence in a case to a jurisdiction with a veterans treatment court pursuant to section 18-1.3-202.5.

(2) The court shall not accept a plea of guilty or nolo contendere without first determining whether the defendant is serving in the United States armed forces or is a veteran of such forces and, if so, informing the defendant as described in subsection (1) of this section.

(3) This section applies to, but is not limited to, prosecutions for violations of municipal charters and prosecutions for violations of municipal ordinances, except for traffic infractions for which the penalty is only a fine and arrest is prohibited.
C.R.S. § 16-11-204.6 — CO Code / Title 16 / Article 11 / Part 2 / Section 16-11-204.6
16-11-204.6. Repayment of crime stopper reward as a condition of probation
Status: repealed

16-11-204.6. Repayment of crime stopper reward as a condition of probation. (Repealed)
C.R.S. § 16-2.5-202 — CO Code / Title 16 / Article 2.5 / Part 2 / Section 16-2.5-202
16-2.5-202. P.O.S.T. board review of peace officer status. (1) For a position, group, or pol
Status: in_force

16-2.5-202. P.O.S.T. board review of peace officer status. (1) For a position, group, or political subdivision that received peace officer status after July 1, 2003, and did not go through the process described in section 16-2.5-201, the P.O.S.T. board shall review the peace officer authority of the position, group, or political subdivision.

(2) The P.O.S.T. board shall require the group that received the peace officer status or the group or political subdivision that oversees a position that received peace officer status to submit to the P.O.S.T. board the information required in section 16-2.5-201 (2).

(3) After receiving the information, the P.O.S.T. board shall prepare an analysis, evaluation, and recommendation of the peace officer status. The analysis, evaluation, and recommendation shall be based upon the criteria established in P.O.S.T. board rule.

(4) The P.O.S.T. board shall conduct a hearing concerning peace officer status for the group or the specific position, pursuant to the provisions of section 16-2.5-201 (4).

(5) The P.O.S.T. board shall submit a report to the group or political subdivision seeking to retain peace officer status, either for the group or for a specific position, and to the judiciary committees of the house of representatives and the senate no later than October 15 of the year following the year in which the P.O.S.T. board began the review. The report may include legislative recommendations.
C.R.S. § 16-2.5-101 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-101
16-2.5-101. Peace officer - description - general authority
Status: in_force

16-2.5-101. Peace officer - description - general authority. (1) A person who is included within the provisions of this article and who meets all standards imposed by law on a peace officer is a peace officer, and, notwithstanding any other provision of law, no person other than a person designated in this article is a peace officer. A peace officer may be certified by the peace officers standards and training board pursuant to part 3 of article 31 of title 24, C.R.S., and, at a minimum, has the authority to enforce all laws of the state of Colorado while acting within the scope of his or her authority and in the performance of his or her duties, unless otherwise limited within this part 1.

(2) (a) A peace officer certified by the peace officers standards and training board shall have the authority to carry firearms at all times, concealed or otherwise, subject to the written firearms policy created by the agency employing the peace officer. All other peace officers shall have the authority to carry firearms, concealed or otherwise, while engaged in the performance of their duties or as otherwise authorized by the written policy of the agency employing the officer.

(b) (I) A law enforcement agency may amend its written firearms policy, or use an existing policy, authorizing the possession of a firearm by an eligible immigrant, as defined in section 24-31-320 (2). A firearms policy must comply with any federal law or regulation promulgated by the United States department of justice, bureau of alcohol, tobacco, firearms, and explosives, or any successor agency, governing possession of a firearm and any related exceptions.

(II) An eligible immigrant may enroll in a training academy, as defined in section 24-31-301 (6), if the eligible immigrant is employed by a law enforcement agency and the agency's written firearms policy authorizes the eligible immigrant to possess and use a firearm at the academy, and permits transporting, storing, cleaning, and maintaining the firearm outside of instructional hours, as appropriate.

(III) The law enforcement agency that employs the eligible immigrant shall notify the P.O.S.T. board, in a manner determined by board rule pursuant to section 24-31-320 (1), that the eligible immigrant is compliant with the agency's written firearms policy while attending a training academy.

(3) As used in every statute, unless the context otherwise requires, "law enforcement officer" means a peace officer.
C.R.S. § 16-11-204.3 — CO Code / Title 16 / Article 11 / Part 2 / Section 16-11-204.3
16-11-204.3. Genetic testing as a condition of probation - repeal
Status: repealed

16-11-204.3. Genetic testing as a condition of probation - repeal. (Repealed)
C.R.S. § 16-8.5-109 — CO Code / Title 16 / Article 8.5 / Section 16-8.5-109
16-8.5-109. Advisement on matters to be determined
Status: in_force

16-8.5-109. Advisement on matters to be determined. (1) When a determination is to be made as to a defendant's competency to proceed, the court shall explain to the defendant the nature and consequences of the proceeding and the rights of the defendant under this section. The defendant, if the defendant wishes to contest the question, may request a competency hearing that the court shall grant as a matter of right.

(2) At a competency hearing, the defendant and the prosecuting attorney are entitled:

(a) To be present in person;

(b) To examine any reports of the competency evaluation or other matter to be considered by the court as bearing upon the determination;

(c) To introduce evidence, summon witnesses, cross-examine opposing witnesses or witnesses called by the court; and

(d) To make opening and closing statements and arguments.

(3) The court may examine or cross-examine any witness called by the defendant or prosecuting attorney at a competency hearing and may summon and examine witnesses on the court's own motion.
C.R.S. § 16-8.6-102 — CO Code / Title 16 / Article 8.6 / Section 16-8.6-102
16-8.6-102. Definitions
Status: in_force

16-8.6-102. Definitions. As used in this article 8.6, unless the context otherwise requires:

(1) "Bridges of Colorado" or "bridges" means the office of bridges of Colorado established pursuant to section 13-95-103.

(2) "Bridges wraparound care program" means the bridges wraparound care program created in section 16-8.6-103.

(3) "Eligible individual" or "eligible defendant" means an individual who the judicial district identifies as eligible for referral to the bridges wraparound care program pursuant to section 16-8.6-108.
C.R.S. § 16-14-104 — CO Code / Title 16 / Article 14 / Section 16-14-104
16-14-104. Trial or dismissal
Status: in_force

16-14-104. Trial or dismissal. (1) Within one hundred eighty-two days after the receipt of the request by the court and the prosecuting official, or within such additional time as the court for good cause shown in open court may grant, the prisoner or the prisoner's counsel being present, the indictment, information, or criminal complaint shall be brought to trial; but the parties may stipulate for a continuance or a continuance may be granted on notice to the prisoner's attorney and opportunity to be heard. If, after such a request, the indictment, information, or criminal complaint is not brought to trial within that period, no court of this state shall any longer have jurisdiction thereof, nor shall the untried indictment, information, or criminal complaint be of any further force or effect, and the court shall dismiss it with prejudice.

(2) Any prisoner who requests disposition pursuant to section 16-14-102 may waive the right to disposition within the time specified in subsection (1) of this section by express waiver on the record after full advisement by the court. If a prisoner makes said waiver, the time for trial of the indictment, information, or criminal complaint shall be extended as provided in section 18-1-405 (4), C.R.S., concerning waiver of the right to speedy trial.
C.R.S. § 16-20-103 — CO Code / Title 16 / Article 20 / Section 16-20-103
16-20-103. Persons subject to extradition
Status: in_force

16-20-103. Persons subject to extradition. (1) A person alleged to be of unsound mind found in this state who has fled from another state shall be extradited from this state on demand of the executive authority of the state from which he fled if, at the time of his flight:

(a) He was under detention by law in a hospital, asylum, or other institution for the insane as a person of unsound mind;

(b) He had been determined by a legal proceeding to be of unsound mind prior to his flight, the finding being unreversed and in full force and effect and the control of his person having been acquired by a court of competent jurisdiction of the state from which he fled; or

(c) He was subject to detention in such state, being then his legal domicile (personal process having been made), based on legal proceedings to have him declared of unsound mind.
C.R.S. § 16-2.5-402 — CO Code / Title 16 / Article 2.5 / Part 4 / Section 16-2.5-402
16-2.5-402. Definitions
Status: in_force

16-2.5-402. Definitions. As used in this part 4, unless the context otherwise requires:

(1) "Law enforcement agency" means:

(a) The Colorado state patrol created in section 24-33.5-201;

(b) The Colorado bureau of investigation created in section 24-33.5-401;

(c) The department of corrections created in section 24-1-128.5;

(d) The division of parks and wildlife within the department of natural resources created pursuant to section 24-1-124;

(e) A county sheriff's office;

(f) A municipal police department;

(g) A campus police department; or

(h) A town marshal's office.

(2) "Qualified mental health professional" means:

(a) A person certified and in good standing as a police and public safety psychologist by the American Board of Police and Public Safety Psychology, or its successor organization; or

(b) A person who:

(I) Is a licensed mental health clinician in good standing with his or her licensing board; and

(II) Has demonstrated to the law enforcement agency's satisfaction through a combination of training and experience that the person is trauma informed, experienced in responding to acute trauma events, and culturally competent in understanding law enforcement work, challenges, and stressors.
C.R.S. § 16-11.9-104 — CO Code / Title 16 / Article 11.9 / Part 1 / Section 16-11.9-104
16-11.9-104. Repeal of article
Status: repealed

16-11.9-104. Repeal of article. (Repealed)
C.R.S. § 16-8.5-110 — CO Code / Title 16 / Article 8.5 / Section 16-8.5-110
16-8.5-110. Testimony of lay witnesses
Status: in_force

16-8.5-110. Testimony of lay witnesses. In any hearing at which the competency of the defendant is an issue, witnesses not specially trained in psychiatry or psychology and not testifying as expert witnesses may testify as to the witness's observation of the defendant's actions and conduct and as to conversations that the witness had with the defendant bearing upon the defendant's mental condition. Any such witnesses, as part of the witness's testimony, must be permitted to give opinions or conclusions concerning the competency of the defendant.
C.R.S. § 16-10-101 — CO Code / Title 16 / Article 10 / Part 1 / Section 16-10-101
16-10-101. Jury trials - statement of policy
Status: in_force

16-10-101. Jury trials - statement of policy. The right of a person who is accused of an offense other than a noncriminal traffic infraction or offense, civil infraction, or offense other than a municipal charter, municipal ordinance, or county ordinance violation as provided in section 16-10-109 (1), to have a trial by jury is inviolate and a matter of substantive due process of law as distinguished from one of "practice and procedure". The people also have the right to refuse to consent to a waiver of a trial or sentencing determination by jury in all cases in which the accused has the right to request a trial or sentencing determination by jury.
C.R.S. § 16-8-118 — CO Code / Title 16 / Article 8 / Part 1 / Section 16-8-118
16-8-118. Temporary removal for treatment and rehabilitation
Status: in_force

16-8-118. Temporary removal for treatment and rehabilitation. (1) The chief officer of the institution in which a defendant has been committed under this article or article 8.5 of this title may authorize treatment and rehabilitation activities involving temporary physical removal of such person from the institution in which the defendant has been placed, if prior to such authorization the following procedures are carried out:

(a) Such chief officer shall give written notice by certified mail, with return receipt requested, to the committing court and the district attorney that on or after thirty-five days from the date of mailing such notice he or she will authorize treatment and rehabilitation activities involving temporary physical removal of the defendant from the institution, unless written objections to such authorization are received by him or her within thirty-five days from the date of mailing such notice.

(b) The clerk of the committing court shall deliver a copy of the notice mentioned in paragraph (a) of this subsection (1) to the attorney of record for the defendant. The district attorney or the attorney of record for the defendant may file objections with the clerk of the committing court to the proposed action of the chief officer of the institution in which such defendant is held. A copy of any such objections shall be delivered by the party making such objections, either by mail or by personal service, to such chief officer prior to the expiration of thirty-five days from the mailing of the notice by the chief officer of the institution.

(c) In the event that objections are filed and served as provided in paragraphs (a) and (b) of this subsection (1), the committing court shall fix a time for a hearing upon the objections, and no removal of the defendant from the institution in which he is held shall be authorized unless and until approval thereof is given by the committing court following such hearing.

(1.5) The chief officer of the institution is authorized to allow a defendant, without court authorization as set forth in subsection (1) of this section, to leave the physical premises of the treatment or habilitation facility for needed medical treatment at a hospital, clinic, or other health-care facility, so long as the defendant is accompanied by staff from the facility.

(2) (a) A court shall order any defendant who receives treatment and rehabilitation activities involving temporary physical removal of the defendant from the institution to register with the local law enforcement agency of the jurisdiction in which the defendant resides if the court finds that:

(I) The defendant was found not guilty by reason of insanity on a charge of an offense involving unlawful sexual behavior; or

(II) The defendant was found not guilty by reason of insanity on a charge of any other offense, the underlying factual basis of which includes an offense involving unlawful sexual behavior.

(a.5) A court may order any defendant who receives treatment and rehabilitation activities involving temporary physical removal of the defendant from the institution to register with the local law enforcement agency of the jurisdiction in which the defendant resides if the court finds that the chief officer of the institution in which the defendant has been committed recommends registration based on information obtained from the defendant during the course of treatment that indicates the defendant has committed an offense involving unlawful sexual behavior.

(b) Prior to temporary physical removal from the institution of any defendant who is required to register pursuant to this subsection (2), the department of human services shall obtain from the defendant the address at which the defendant plans to reside and shall notify the local law enforcement agency of the jurisdiction in which the defendant plans to reside and the Colorado bureau of investigation as provided in section 16-8-115 (4)(c).

(c) Any defendant required to register pursuant to this subsection (2) shall register as provided in section 16-8-115 (4). The local law enforcement agency shall transmit any registrations received pursuant to this subsection (2) to the Colorado bureau of investigation within three business days following receipt. The Colorado bureau of investigation shall include any registration information received pursuant to this section in the central registry established pursuant to section 16-22-110, and shall specify that the information applies to a defendant required to register as a condition of temporary physical removal from an institution. The forms completed by defendants required to register pursuant to this subsection (2) shall be confidential and shall not be open to inspection except as otherwise provided in section 16-8-115 (3)(e) for information pertaining to persons granted conditional release and except as provided for release of information to the public pursuant to sections 16-22-110 (6) and 16-22-112.

(d) (I) Any defendant required to register pursuant to this subsection (2), upon completion of a period of not less than twenty years from the date the defendant begins receiving treatment and rehabilitation activities involving temporary physical removal of the defendant from the institution, may petition the district court for an order that discontinues the requirement for such registration and removes the defendant's name from the central registry established pursuant to section 16-22-110. The court may issue such order only if the court makes written findings of fact that the defendant has neither been convicted nor found not guilty by reason of insanity of an offense involving unlawful sexual behavior subsequent to such temporary removal and that the defendant would not pose an undue threat to the community if allowed to live in the community without registration.

(II) Upon the filing of a petition pursuant to this subsection (2)(d), the court shall set a date for a hearing on the petition. The defendant shall notify the local law enforcement agency with which the defendant is required to register and the prosecuting attorney for the jurisdiction in which the local law enforcement agency is located of the filing of the petition and the hearing date. The court shall notify the victim of the filing of the petition and the hearing date. At the hearing, the court shall give opportunity to the victim to provide written or oral testimony. If the court enters an order discontinuing the defendant's duty to register, the defendant shall send a copy of the order to the local law enforcement agency and the Colorado bureau of investigation.
C.R.S. § 16-12-102 — CO Code / Title 16 / Article 12 / Part 1 / Section 16-12-102
16-12-102. Appeals by the prosecution
Status: in_force

16-12-102. Appeals by the prosecution. (1) The prosecution may appeal any decision of a court in a criminal case upon any question of law. Any order of a court that either dismisses one or more counts of a charging document prior to trial or grants a new trial after the entry of a verdict or judgment shall constitute a final order that shall be immediately appealable pursuant to this subsection (1). If any act of the general assembly is adjudged inoperative or unconstitutional in any criminal case, it is the duty of the district attorney of the judicial district in which the court making such decision is situated to appeal on behalf of the people of the state of Colorado, unless the same issue of constitutionality is already pending before a reviewing court in another case. Nothing in this section shall authorize placing the defendant in jeopardy a second time for the same offense. No docket fee shall be required of the people upon an appeal under this section. The procedure to be followed in filing and prosecuting appeals under this section shall be as provided by applicable rule of the supreme court of Colorado. However, if a statute providing for the imposition of the death penalty is adjudged inoperative or inapplicable for any reason, such adjudication shall constitute a final order that shall be immediately appealable to the supreme court of Colorado, notwithstanding any statute or court rule to the contrary.

(2) The prosecution may file an interlocutory appeal in the supreme court from a ruling of the trial court granting a motion made in advance of trial by the defendant for the return of property and to suppress evidence or granting a motion to suppress an extrajudicial confession or admission if the prosecution certifies to the judge who granted such motion and to the supreme court that the appeal is not taken for the purposes of delay and the evidence is a substantial part of the proof of the charge pending against the defendant. The prosecution may also file an interlocutory appeal in the supreme court from a ruling of the trial court granting a motion in limine pertaining to the matters described in this subsection (2), or from a ruling on a motion made pursuant to section 18-1-202 (11), C.R.S., challenging the place of trial or from a ruling on a motion to disqualify a district attorney pursuant to section 20-1-107, C.R.S.
C.R.S. § 16-11-310 — CO Code / Title 16 / Article 11 / Part 3 / Section 16-11-310
16-11-310. Release from incarceration
Status: repealed

16-11-310. Release from incarceration. (Repealed)
C.R.S. § 16-2.3-102 — CO Code / Title 16 / Article 2.3 / Section 16-2.3-102
16-2.3-102. Penalty assessment notice for civil infractions
Status: in_force

16-2.3-102. Penalty assessment notice for civil infractions. (1) (a) At any time that a peace officer, as described in section 16-2.5-101, charges a person with the commission of any civil infraction, the peace officer may, except when prohibited by the section describing the charged civil infraction, offer to give a penalty assessment notice to the person. For all civil infractions, the fine listed on the penalty assessment notice is one hundred dollars, unless the fine is otherwise provided in the section describing the civil infraction.

(b) The penalty assessment notice that a peace officer serves upon the person must be a summons and complaint containing the following:

(I) Identification of the alleged offender;

(II) Specification of the offense, including a citation to the section alleged to have been violated and a brief description of the civil infraction;

(III) The amount of the fine for the civil infraction and the amount of the surcharges pursuant to sections 24-4.1-119 (1)(g), 24-4.2-104 (1), and 24-33.5-415.6;

(IV) The date the peace officer serves the penalty assessment notice upon the person;

(V) Instructions to the person to appear in a specified county court at a specified time and place if the fine and surcharges are not paid;

(VI) The peace officer's signature;

(VII) A place where the person may execute a signed acknowledgment of liability and an agreement to pay the fine and surcharges within twenty days; and

(VIII) Other information as may be required by law to constitute the penalty assessment notice to be a summons and complaint should the fine and surcharges not be paid within the time allowed in subsection (2) of this section.

(c) A penalty assessment notice issued and served pursuant to subsection (1)(a) of this section on a minor under eighteen years of age must also contain or be accompanied by a document containing:

(I) A preprinted declaration stating that the minor's parent or legal guardian has reviewed the contents of the penalty assessment notice with the minor;

(II) Preprinted signature lines following the declaration on which the reviewing person described in subsection (1)(c)(I) of this section shall affix the person's signature and for a notary public to duly acknowledge the reviewing person's signature; and

(III) An advisement to the minor that:

(A) The minor shall, within seventy-two hours after service of the penalty assessment notice, inform the minor's parent or legal guardian that the minor has received a penalty assessment notice;

(B) The parent or legal guardian of the minor is required by law to review and sign the penalty assessment notice and to have the person's signature duly acknowledged by a notary public; and

(C) Noncompliance with the requirement set forth in subsection (1)(c)(III)(B) of this section will result in the minor and the parent or legal guardian of the minor being required to appear in court pursuant to subsection (4) of this section.

(d) The peace officer must serve one copy of the penalty assessment notice upon the person and shall send one copy to the clerk of the county court in the county in which the alleged offense occurred. The copy sent to the clerk of the county court must be sent immediately after service upon the person.

(e) The time specified in the summons portion of the penalty assessment notice must be at least thirty days but not more than ninety days after the date the penalty assessment notice is served.

(f) The place specified in the summons portion of the penalty assessment notice must be a county court within the county in which the civil infraction is alleged to have been committed.

(g) If the person refuses to accept service of the penalty assessment notice, tender of the notice by the peace officer to the person constitutes service upon the person.

(2) (a) If the person served a penalty assessment notice acknowledges guilt, the person may pay the specified fine and surcharges in person or by mail at the place and within the time specified in the notice. If the person does not acknowledge guilt, the person shall appear as required in the notice. Upon final hearing, if the person is found guilty, the court shall impose the fine and surcharges specified in the notice for the offense for which the person was found guilty and the court may impose court costs against the person in addition to the fine and surcharges.

(b) The fine specified in the penalty assessment notice for the violation charged and the surcharges must be paid to the clerk of the court of the jurisdiction in which the offense is alleged to have occurred, either in person or by postmarking such payment within twenty days after the date the penalty assessment notice is served upon the person. Except as otherwise provided in subsection (4) of this section, acceptance of a penalty assessment notice and payment of the fine and surcharges to the court are complete satisfaction for the violation. The person must be given a receipt if the person pays the fine and surcharges in currency or other form of legal tender.

(3) If a person charged with a civil infraction fails to pay the fine and surcharges within twenty days after the date of the penalty assessment notice, or if the clerk of the court does not accept payment for the fine and surcharges as evidenced by receipt, the person is allowed to pay the fine, surcharges, and the docket fees in the amounts set forth in sections 13-1-204 (1)(b) and 16-2.3-106 (5)(a)(I) to the clerk of the court referred to in the summons portion of the penalty assessment notice during the two business days prior to the time for appearance, as specified in the notice. If the fine for a civil infraction and surcharges is not timely paid, the case is heard in the court of competent jurisdiction prescribed on the penalty assessment notice in the manner provided for in this article 2.3 for the prosecution of civil infractions.

(4) Notwithstanding the provisions of subsection (2) of this section, a minor under eighteen years of age shall appear at a hearing on the date and time specified in the penalty assessment notice and answer the alleged violation if the penalty assessment was timely paid but not signed and notarized in the manner required by subsection (1)(c)(III)(B) of this section.

(5) Notwithstanding the provisions of subsection (1) of this section, if the offense charged is for the commission of a civil infraction for a parks and wildlife violation contained in title 33, the penalty assessment procedures contained in section 33-6-104 or 33-15-102 apply.
C.R.S. § 16-3-107 — CO Code / Title 16 / Article 3 / Part 1 / Section 16-3-107
16-3-107. Custodial care of prisoner in transit
Status: in_force

16-3-107. Custodial care of prisoner in transit. It is lawful for any peace officer who has the custody of any alleged offender following an arrest to pass through any counties which lie on his route between the place of arrest and the county to which he is taking the alleged offender and to lodge him in any jail on his route for safe custody for one night or more, as the occasion requires.
C.R.S. § 16-1-103 — CO Code / Title 16 / Article 1 / Section 16-1-103
16-1-103. Purpose
Status: in_force

16-1-103. Purpose. This code is intended to provide for the just determination of every criminal proceeding. Its provisions shall be construed to secure simplicity in procedure, fairness in administration, the elimination of unjustifiable expense and delay, the effective apprehension and trial of persons accused of crime, the just determination of every criminal proceeding by a fair and impartial trial, an adequate review, and the preservation of the public welfare and the fundamental human rights of individuals.
C.R.S. § 16-11-303 — CO Code / Title 16 / Article 11 / Part 3 / Section 16-11-303
16-11-303. Definite sentence not void
Status: repealed

16-11-303. Definite sentence not void. (Repealed)
C.R.S. § 16-11-203 — CO Code / Title 16 / Article 11 / Part 2 / Section 16-11-203
16-11-203. Criteria for granting probation
Status: repealed

16-11-203. Criteria for granting probation. (Repealed)
C.R.S. § 16-2.5-105 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-105
16-2.5-105. Police officer
Status: in_force

16-2.5-105. Police officer. A police officer, including a chief of police employed by a municipality, is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who shall be certified by the P.O.S.T. board.
C.R.S. § 16-19-121 — CO Code / Title 16 / Article 19 / Section 16-19-121
16-19-121. When guilt inquired into
Status: in_force

16-19-121. When guilt inquired into. The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceedings after the demand for extradition accompanied by a charge of crime in legal form has been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
C.R.S. § 16-3-401 — CO Code / Title 16 / Article 3 / Part 4 / Section 16-3-401
16-3-401. Treatment while in custody
Status: in_force

16-3-401. Treatment while in custody. (1) No unlawful means of any kind shall be used to obtain a statement, admission, or confession from any person in custody.

(2) Persons arrested or in custody shall be treated humanely and provided with adequate food, shelter, and, if required, medical treatment. Anyone receiving medical treatment while held in custody may be assessed a medical treatment charge as provided in section 17-26-104.5, C.R.S.
C.R.S. § 16-12-101.5 — CO Code / Title 16 / Article 12 / Part 1 / Section 16-12-101.5
16-12-101.5. Review of proceedings regarding class 1 felony convictions - legislative intent
Status: in_force

16-12-101.5. Review of proceedings regarding class 1 felony convictions - legislative intent. (1) The general assembly urges the Colorado supreme court to adopt an expedited process to review class 1 felony convictions where the death penalty has been imposed and any order by the district court granting or denying postconviction relief in such cases. It is the general assembly's intent that the Colorado supreme court give priority to cases in which a sentence of death has been imposed over other cases before the court, except to the extent of any conflict with the requirement that the court give the highest priority to enforcement actions brought in accordance with section 20 (1) of article X of the state constitution.

(2) In any direct appeal of any class 1 felony case in which a conviction is entered and in which a sentence of death is imposed prior to the date upon which the Colorado supreme court adopts rules implementing the unitary system of review established by part 2 of this article, all challenges to any such conviction or sentence, with the exception of any newly discovered evidence or any claim of ineffective assistance of counsel, shall be included in the brief of the person challenging such conviction or sentence, as such brief is defined by rule 28 of the Colorado appellate rules, at the time such brief is filed with the supreme court of the state of Colorado. Any issue which is not raised in the manner prescribed in this section shall be deemed to be irrevocably waived by the person challenging such conviction or sentence. The failure of such person to file a brief within any time limits ordered by the supreme court of the state of Colorado shall constitute an irrevocable waiver of all issues which could have been raised in such brief.
C.R.S. § 16-19-106 — CO Code / Title 16 / Article 19 / Section 16-19-106
16-19-106. Extradition of persons imprisoned or awaiting trial
Status: in_force

16-19-106. Extradition of persons imprisoned or awaiting trial. (1) When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the governor of this state may agree with the executive authority of the other state for the extradition of that person before the conclusion of such proceedings or his term of sentence in the other state, upon condition that such person be returned to the other state at the expense of this state as soon as the prosecution in this state is terminated.

(2) The governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in section 16-19-124 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
C.R.S. § 16-12-204 — CO Code / Title 16 / Article 12 / Part 2 / Section 16-12-204
16-12-204. Stay of execution - postconviction review
Status: in_force

16-12-204. Stay of execution - postconviction review. (1) The trial court, upon the imposition of a death sentence, shall set the time of execution pursuant to section 18-1.3-1205, C.R.S., and enter an order staying execution of the judgment and sentence until receipt of an order from the Colorado supreme court. The trial court shall direct the clerk of the trial court to mail to the Colorado supreme court immediately a copy of the judgment, sentence, and mittimus.

(2) The trial court shall order the defendant, trial counsel, and the prosecution to attend a hearing to be held after the date upon which the sentence of death is imposed. At the hearing, the trial court shall:

(a) Advise the defendant of the nature of review as provided in this part 2;

(b) Advise the defendant of the right to direct appeal counsel;

(c) Advise the defendant that the issue of ineffective assistance of trial counsel before trial, at trial, or during the penalty phase hearing may only be raised on postconviction review and on postconviction review appeal;

(d) Advise the defendant that the issue of ineffective assistance of counsel during direct appeal by trial counsel or direct appeal counsel may only be raised by way of a petition for rehearing filed in the Colorado supreme court by new postconviction counsel or the defendant pursuant to the rules adopted by the Colorado supreme court to implement this part 2;

(e) Determine whether the defendant intends to pursue postconviction review; and

(f) If the defendant intends to pursue postconviction review, determine whether the defendant intends to proceed with or without counsel.

(3) After a full discussion on the record, if the defendant knowingly, voluntarily, and intelligently waives the right to pursue postconviction review, trial counsel or direct appeal counsel, if appointed or retained, or the defendant, if proceeding without counsel, may file any notice of appeal with the Colorado supreme court, as provided by Colorado supreme court rule.
C.R.S. § 16-2.5-138 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-138
16-2.5-138. Juvenile probation officer - juvenile parole officer
Status: in_force

16-2.5-138. Juvenile probation officer - juvenile parole officer. A juvenile probation officer and a juvenile parole officer are peace officers while engaged in the performance of their duties. The authority of a juvenile probation officer and a juvenile parole officer is limited pursuant to sections 19-2.5-1107 and 19-2.5-1204.
C.R.S. § 16-13-205 — CO Code / Title 16 / Article 13 / Part 2 / Section 16-13-205
16-13-205. Commencement of proceedings
Status: repealed

16-13-205. Commencement of proceedings. (Repealed)
C.R.S. § 16-18.5-101 — CO Code / Title 16 / Article 18.5 / Section 16-18.5-101
16-18.5-101. Legislative declaration
Status: repealed

16-18.5-101. Legislative declaration. (Repealed)
C.R.S. § 16-7-402 — CO Code / Title 16 / Article 7 / Part 4 / Section 16-7-402
16-7-402. Counseling or treatment for alcohol or drug abuse
Status: repealed

16-7-402. Counseling or treatment for alcohol or drug abuse. (Repealed)
C.R.S. § 16-11-901 — CO Code / Title 16 / Article 11 / Part 9 / Section 16-11-901
16-11-901. Death penalty repeal - applicability - current sentences
Status: in_force

16-11-901. Death penalty repeal - applicability - current sentences. For offenses charged on or after July 1, 2020, the death penalty is not a sentencing option for a defendant convicted of a class 1 felony in the state of Colorado. Nothing in this section commutes or alters the sentence of a defendant convicted of an offense charged prior to July 1, 2020. This section does not apply to a person currently serving a death sentence. Any death sentence in effect on July 1, 2020, is valid.
C.R.S. § 16-3-104 — CO Code / Title 16 / Article 3 / Part 1 / Section 16-3-104
16-3-104. Arrest by peace officer from another jurisdiction - definitions
Status: in_force

16-3-104. Arrest by peace officer from another jurisdiction - definitions. (1) As used in this section:

(a) "State" means any state of the United States and the District of Columbia;

(b) "Peace officer" means any officer of another state having powers of arrest in that state;

(c) "Fresh pursuit" means the pursuit without unnecessary delay of a person who has committed a crime or who is reasonably believed to have committed a crime.

(2) Any peace officer of another state who enters this state in fresh pursuit and continues within this state in fresh pursuit of a person in order to arrest him on the ground that he has committed a crime in the other state has the same authority to arrest and hold such person in custody as a peace officer of this state has to arrest and hold a person in custody.

(3) Except as otherwise provided by law, if an arrest is made in this state by a peace officer of another state in accordance with the provisions of this section, he shall without unnecessary delay take the person arrested before the nearest available judge of a court of record. Such judge shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful, he shall commit the person arrested to await the time provided by law for issuance of an extradition warrant by the governor of this state, or the waiver thereof, and shall set bail if the offense is bailable under the laws of the state of Colorado. If the judge determines that the arrest was unlawful, he shall order the discharge of the person arrested.
C.R.S. § 16-13-207 — CO Code / Title 16 / Article 13 / Part 2 / Section 16-13-207
16-13-207. Psychiatric examination and report
Status: repealed

16-13-207. Psychiatric examination and report. (Repealed)
C.R.S. § 16-19-112 — CO Code / Title 16 / Article 19 / Section 16-19-112
16-19-112. Penalty for noncompliance
Status: in_force

16-19-112. Penalty for noncompliance. Any person who delivers to the agent for extradition of the demanding state a person in his or her custody under the governor's warrant, in willful disobedience to section 16-19-111, commits a class 2 misdemeanor.
C.R.S. § 16-5-102 — CO Code / Title 16 / Article 5 / Part 1 / Section 16-5-102
16-5-102. Summons to corporate defendant
Status: in_force

16-5-102. Summons to corporate defendant. (1) When a corporation is charged with the commission of an offense, the court shall issue a summons setting forth the nature of the offense and commanding the corporation to appear before the court at a certain time and place.

(2) The summons for the appearance of a corporation may be served by a peace officer in the manner provided for service of summons upon a corporation in a civil action.
C.R.S. § 16-2.5-107 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-107
16-2.5-107. Ute Mountain Ute Indian police officer
Status: in_force

16-2.5-107. Ute Mountain Ute Indian police officer. A Ute Mountain Ute Indian police officer is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.
C.R.S. § 16-10-110 — CO Code / Title 16 / Article 10 / Part 1 / Section 16-10-110
16-10-110. Jury instructions - cases involving the possibility of the death penalty
Status: in_force

16-10-110. Jury instructions - cases involving the possibility of the death penalty. At the trial of any felony in which the prosecution is not seeking the death penalty, upon the request of the prosecution or the defendant, the court shall instruct the jury during voir dire that the prosecution is not seeking the death penalty.
C.R.S. § 16-8.5-103 — CO Code / Title 16 / Article 8.5 / Section 16-8.5-103
16-8.5-103. Determination of competency to proceed
Status: in_force

16-8.5-103. Determination of competency to proceed. (1) (a) Whenever the question of a defendant's competency to proceed is raised, by either party or on the court's own motion, the court may make a preliminary finding of competency or incompetency to proceed, which is a final determination unless a party to the case objects within seven days after the court's preliminary finding.

(b) On or before the date when a court orders that a defendant be evaluated for competency, a bridges court liaison for the district hired or contracted pursuant to article 95 of title 13 may be assigned to the defendant.

(2) If either party objects to the court's preliminary finding, or if the court determines that it has insufficient information to make a preliminary finding, the court shall order that the defendant be evaluated for competency by the department and that the department prepare a court-ordered report.

(3) Within seven days after receipt of the court-ordered report, either party may request a hearing or a second evaluation.

(4) If a party requests a second evaluation, any pending requests for a hearing must be continued until the receipt of the second evaluation report. The report of the expert conducting the second evaluation must be completed and filed with the court within thirty-five days after the court order allowing the second evaluation, unless the time period is extended by the court for good cause. If a second evaluation is completed and restoration is ultimately ordered, then the court shall make the second evaluation available to the department. If the second evaluation is requested by the court, it must be paid for by the court.

(5) If neither party requests a hearing or a second evaluation within the applicable time frame, the court shall enter a final determination, based on the information then available to the court, whether the defendant is or is not competent to proceed.

(6) If a party makes a timely request for a hearing, the hearing shall be held within thirty-five days after the request for a hearing or, if applicable, within thirty-five days after the filing of the second evaluation report, unless the time is extended by the court after a finding of good cause.

(7) At any hearing held pursuant to this section, the party asserting the incompetency of the defendant shall have the burden of submitting evidence and the burden of proof by a preponderance of the evidence.

(8) If the question of the defendant's incompetency to proceed is raised after a jury is impaneled to try the issues raised by a plea of not guilty and the court determines that the defendant is incompetent to proceed or orders a court-ordered competency evaluation, the court may declare a mistrial. Declaration of a mistrial under these circumstances does not constitute jeopardy, nor does it prohibit the trial or sentencing of the defendant for the same offense after the defendant has been found restored to competency.

(9) In all proceedings under this article 8.5, when competency has been raised by the parole board pursuant to section 16-8.5-102 (2)(d), the court shall pay for any evaluation to determine competency pursuant to this section, and the evaluation must be conducted at the place where the defendant is in custody.
C.R.S. § 16-9-203 — CO Code / Title 16 / Article 9 / Part 2 / Section 16-9-203
16-9-203. Witness from another state
Status: in_force

16-9-203. Witness from another state. (1) If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this state is a material witness in a prosecution pending in a court of record in this state or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.

(2) If the witness is summoned to attend and testify in this state, or if the witness appears voluntarily at the request of the prosecution or the defense and the court would have otherwise approved a certificate for such witness pursuant to subsection (1) of this section, he shall be tendered the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending or, in the alternative and at the discretion of the court, an airplane ticket and twenty dollars for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If a witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
C.R.S. § 16-3-301.5 — CO Code / Title 16 / Article 3 / Part 3 / Section 16-3-301.5
16-3-301.5. Search warrant for firearms possessed by a respondent in an extreme risk protect
Status: in_force

16-3-301.5. Search warrant for firearms possessed by a respondent in an extreme risk protection order. (1) Any court may issue a search warrant to search for and take custody of any firearm in the possession of a named respondent in an extreme risk protection order or temporary extreme risk protection order filed pursuant to article 14.5 of title 13 if the application for the warrant complies with all required provisions of section 16-3-303 and also provides facts sufficient to establish by probable cause:

(a) That the named person is a named respondent in an extreme risk protection order or temporary extreme risk protection order filed pursuant to article 14.5 of title 13; and

(b) That the named person is in possession of one or more firearms; and

(c) The location of such firearms; and

(d) Any other information relied upon by the applicant and why the applicant considers such information credible and reliable.

(2) The return or disposal of any firearm taken custody of pursuant to this section shall be accomplished pursuant to section 13-14.5-109.
C.R.S. § 16-11-201.5 — CO Code / Title 16 / Article 11 / Part 2 / Section 16-11-201.5
16-11-201.5. Purposes of probation
Status: in_force

16-11-201.5. Purposes of probation. (1) The purposes of this article 11 with respect to probation are:

(a) To serve as a sentencing option and a response to crime in order to moderate and deter future criminal behavior and victimization;

(b) To support persons in behavior change through the coordination and provision of effective and individualized services that may include, but are not limited to, educational, therapeutic, restorative, and skill-building services;

(c) To hold persons accountable for their behavior through supervision and interventions that promote reparation of harm to the community and victims, which reparation includes, but is not limited to, restitution to victims;

(d) To serve as a cost-effective option for persons appropriate for community supervision; and

(e) To honor the statutory and constitutional rights of victims of crime.
C.R.S. § 16-11-601 — CO Code / Title 16 / Article 11 / Part 6 / Section 16-11-601
16-11-601. Right to attend sentencing
Status: in_force

16-11-601. Right to attend sentencing. The victim of any crime or a relative of the victim, if the victim has died, has the right to attend all sentencing proceedings resulting from a conviction of said crime under any laws of this state. Said person has the right to appear, personally or with counsel, at the sentencing proceeding and to adequately and reasonably express his or her views concerning the crime, the defendant, the need for restitution, and the type of sentence which should be imposed by the court. The court, in imposing sentence, shall consider the statements of such person and shall make a finding, on the record, as to whether or not the defendant would pose a threat to public safety if granted probation.
C.R.S. § 16-8.6-105 — CO Code / Title 16 / Article 8.6 / Section 16-8.6-105
16-8.6-105. Office of the state court administrator - court coordinator - data gathering
Status: in_force

16-8.6-105. Office of the state court administrator - court coordinator - data gathering. (1) The office of the state court administrator shall ensure a court coordinator:

(a) Assists with identifying eligible individuals;

(b) Collaborates with the entities described in section 16-8.6-104 (1)(a) to develop the memorandum of understanding;

(c) Manages and collects data and manages reporting requirements pursuant to subsection (2) of this section in coordination with bridges of Colorado and the entities described in section 16-8.6-104 (1)(a); and

(d) Provides ongoing support to each judicial district in developing and implementing the referral process described in section 16-8.6-107.

(2) The state court administrator shall collaborate with the entities described in section 16-8.6-104 (1)(a), including bridges of Colorado, to collect the following information for each eligible individual who is identified and referred to the bridges wraparound care program:

(a) The individual's name; age; race; identified gender; charges, as identified by the charge code; and case number;

(b) The legal basis for the referral;

(c) Whether the individual has previously been held for an emergency commitment pursuant to article 65 of title 27;

(d) Whether the individual successfully completed the bridges wraparound care program and any identified resources and connections provided to the individual;

(e) Whether the individual was unable to successfully complete the bridges wraparound care program and the reasons for the lack of successful completion;

(f) Whether resources were available to meet the individual's mental wellness and social stability needs, identifying what resources were not available and the reason for the lack of resources;

(g) The amount of money dedicated to serving the individual during the individual's participation in the bridges wraparound care program and whether any services were reimbursed by medicaid or other state or federally funded programs;

(h) The number of individuals who participated in the bridges wraparound care program who otherwise would have been ordered to competency services and the number of individuals who likely would have been on the inpatient competency wait list or occupied an inpatient restoration bed;

(i) The number of individuals who participated in the bridges wraparound care program who were charged with a crime, not including a civil offense or traffic offense, that occurred while participating in the program or within one year after successfully completing the program; and

(j) The number of individuals who were identified and referred to the bridges wraparound care program but were not accepted for participation and the reasons for the non-acceptance.
C.R.S. § 16-3-102 — CO Code / Title 16 / Article 3 / Part 1 / Section 16-3-102
16-3-102. Arrest by peace officer
Status: in_force

16-3-102. Arrest by peace officer. (1) A peace officer may arrest a person when:

(a) He has a warrant commanding that such person be arrested; or

(b) Any crime has been or is being committed by such person in his presence; or

(c) He has probable cause to believe that an offense was committed and has probable cause to believe that the offense was committed by the person to be arrested.

(2) A peace officer shall not knowingly arrest or knowingly participate in the arrest of any person who engages in a legally protected health-care activity, as defined in section 12-30-121 (1)(d), unless the acts forming the basis for the arrest constitute a criminal offense in Colorado.
C.R.S. § 16-2.5-114 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-114
16-2.5-114. Colorado state patrol officer
Status: in_force

16-2.5-114. Colorado state patrol officer. A Colorado state patrol officer is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado pursuant to section 24-33.5-212, C.R.S., and who shall be certified by the P.O.S.T. board.
C.R.S. § 16-8.5-112 — CO Code / Title 16 / Article 8.5 / Section 16-8.5-112
16-8.5-112. Venue for collateral hearings
Status: in_force

16-8.5-112. Venue for collateral hearings. (1) If a defendant committed to the custody of the department for evaluation or for restoration treatment meets the constitutional requirements for the administration of involuntary medication, the defendant's treating physician may petition the court for an order requiring that the defendant accept the treatment or, alternatively, that the medication be forcibly administered to the defendant. The department shall, prior to the hearing on the petition, deliver a copy of the petition to the court that committed the defendant to the custody of the department, the prosecuting attorney, and the defendant's legal representation in the criminal case, if such representation exists, and to the defendant directly if the defendant does not have legal representation. A physician shall assess and document the defendant's mental status prior to the administration of medication.

(2) A petition for involuntary treatment must be heard in the court of the jurisdiction where the defendant is located. The department shall promptly deliver a copy of the order granting or denying the petition to the court that committed the defendant to the custody of the department, the prosecuting attorney, and the defendant's legal representation in the criminal case, if such representation exists, and to the defendant directly if the defendant does not have legal representation.

(3) If the committing court elects to transfer venue for medication hearings to the court of the jurisdiction where the defendant is located, the committing county shall reimburse the county where the proceeding is heard for the reasonable costs incurred in conducting the proceeding. Alternatively, the district attorney for the committing county, or in any county or any city and county having a population exceeding fifty thousand people, the county attorney for the committing county, may prosecute the proceeding as the proponent of the physician's petition.

(4) If a defendant committed to the custody of the department for evaluation or for restoration treatment is ordered by a court to accept treatment as set forth in subsection (1) of this section and is subsequently returned to jail for pending court proceedings, the county jail may require the defendant to continue to receive the same court-ordered treatment that was administered by the department before the defendant was discharged from inpatient care, or, alternatively, appropriate medical personnel provided by the jail may forcibly administer such court-ordered medication to the defendant.
C.R.S. § 16-2.3-101 — CO Code / Title 16 / Article 2.3 / Section 16-2.3-101
16-2.3-101. Civil infractions classified
Status: in_force

16-2.3-101. Civil infractions classified. (1) It is a civil infraction for any person to commit any offense or violate any statute of this state that is specifically classified as a civil infraction. A civil infraction is a civil matter.

(2) For the purposes of this article 2.3:

(a) "Judge" includes any county court magistrate who hears a civil infraction matter; and

(b) "Magistrate" includes any county court judge who is acting as a county court magistrate in a civil infraction matter.

(3) The penalty for commission of a civil infraction, upon conviction, is a fine of not more than one hundred dollars, unless otherwise provided in the section describing the infraction.

(4) Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of a civil infraction must be fined and have a surcharge levied pursuant to sections 24-4.1-119 (1)(g), 24-4.2-104 (1)(b)(III), and 24-33.5-415.6.
C.R.S. § 16-18-101 — CO Code / Title 16 / Article 18 / Section 16-18-101
16-18-101. Costs in criminal cases
Status: in_force

16-18-101. Costs in criminal cases. (1) The costs in criminal cases shall be paid by the state pursuant to section 13-3-104, C.R.S., when the defendant is acquitted or when the defendant is convicted and the court determines he is unable to pay them.

(2) The costs of preliminary hearings, including any reporters' transcripts thereof ordered by a defendant, shall be paid pursuant to subsection (1) of this section. Reporters' transcripts of preliminary hearings which are ordered by the prosecution shall be paid for by the prosecution, unless otherwise ordered by the court.

(3) The department of corrections, from annual appropriations made by the general assembly, shall reimburse the county or counties in a judicial district for the costs of prosecuting any crime alleged to have been committed by a person in the custody of the department. The county or counties shall certify these costs to the department, and upon approval of the executive director of the department, the costs shall be paid. The provisions of this subsection (3) shall apply to costs that are not otherwise paid by the state.
C.R.S. § 16-2.5-102 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-102
16-2.5-102. Certified peace officer - P
Status: in_force

16-2.5-102. Certified peace officer - P.O.S.T. certification required. The following peace officers shall meet all the standards imposed by law on a peace officer and shall be certified by the peace officers standards and training board, referred to in this article as the "P.O.S.T. board": A chief of police; a police officer; a sheriff; an undersheriff; a deputy sheriff; a Colorado state patrol officer; a town marshal; a deputy town marshal; a reserve police officer; a reserve deputy sheriff; a reserve deputy town marshal; a police officer or reserve police officer employed by a state institution of higher education; a Colorado wildlife officer; a Colorado parks and recreation officer; a Colorado police administrator or police officer employed by the Colorado mental health institute at Pueblo; an attorney general criminal investigator; a community parole officer; a public transit officer; a municipal court marshal; and the department of corrections inspector general.
C.R.S. § 16-11-105 — CO Code / Title 16 / Article 11 / Part 1 / Section 16-11-105
16-11-105. Local initiative committee pilot program for the management of community-based p
Status: repealed

16-11-105. Local initiative committee pilot program for the management of community-based programs for adults with mental illness who come into contact with the criminal justice system - legislative declaration - creation - duties - report - repeal. (Repealed)
C.R.S. § 16-2.5-108 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-108
16-2.5-108. Town marshal - deputy
Status: in_force

16-2.5-108. Town marshal - deputy. A town marshal or deputy town marshal is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who shall be certified by the P.O.S.T. board.
C.R.S. § 16-2.5-121 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-121
16-2.5-121. Executive director of the department of revenue - senior director of enforcement
Status: in_force

16-2.5-121. Executive director of the department of revenue - senior director of enforcement for the department of revenue. The executive director and the senior director of enforcement of the department of revenue are peace officers while engaged in the performance of their duties whose authority includes the enforcement of laws and rules regarding automobile dealers pursuant to section 44-20-105 (3), the lottery pursuant to sections 44-40-106 (3) and 44-40-107 (8), medical marijuana pursuant to article 10 of title 44, limited gaming pursuant to article 30 of title 44, liquor pursuant to section 44-3-905 (1), and racing events pursuant to section 44-32-203 (1), and the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.
C.R.S. § 16-11-311 — CO Code / Title 16 / Article 11 / Part 3 / Section 16-11-311
16-11-311. Sentences - youthful offenders - legislative declaration - powers and duties of
Status: repealed

16-11-311. Sentences - youthful offenders - legislative declaration - powers and duties of district court - authorization for youthful offender system - powers and duties of department of corrections - repeal. (Repealed)
C.R.S. § 16-2.7-103 — CO Code / Title 16 / Article 2.7 / Section 16-2.7-103
16-2.7-103. Missing person reports - response
Status: in_force

16-2.7-103. Missing person reports - response. (1) Upon receiving a report of a missing person, a law enforcement agency shall assess the information received from the reporting person and other available information. The law enforcement agency shall then determine the best course of action based on the circumstances.

(2) (a) If the missing person is eighteen years of age or older, the law enforcement agency shall, within eight hours after receiving the report, enter any relevant information into the Colorado crime information center database and, as appropriate, contact other law enforcement agencies that may assist in locating the missing person.

(b) (I) If the missing person is under eighteen years of age, the law enforcement agency shall, within two hours after receiving the report, notify the Colorado bureau of investigation pursuant to section 24-33.5-415.1 (3) and enter any relevant information into the Colorado crime information center database; or

(II) If the missing person is under eighteen years of age and under the legal custody of the state department of human services or a county department of human or social services, the law enforcement agency shall, within two hours after receiving notification pursuant to section 19-1-115.3, notify the Colorado bureau of investigation and enter any relevant information into the Colorado crime information center database.

(3) If the missing person is an indigenous person, the best course of action for the law enforcement agency includes appropriate communications with other law enforcement agencies that may assist in locating the missing indigenous person. Additionally, the law enforcement agency shall, within eight hours after receiving a report of a missing adult or within two hours after receiving a report of a missing child, notify the Colorado bureau of investigation.
C.R.S. § 16-19-124 — CO Code / Title 16 / Article 19 / Section 16-19-124
16-19-124. Application for requisition
Status: in_force

16-19-124. Application for requisition. (1) When the return to this state of a person charged with crime in this state is required, the district attorney shall present to the governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place, and circumstances of its commission, and the state in which he is believed to be, including the location of the accused therein at the time the application is made, and certifying that, in the opinion of the said district attorney, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.

(2) When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his bail, probation, or parole, the prosecuting attorney of the county in which the offense was committed, the state board of parole, or the superintendent of the institution or sheriff of the county from which escape was made shall present to the governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation, or parole, and the state in which he is believed to be, including the location of the person therein at the time application is made.

(3) The application shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, state board of parole, superintendent, or sheriff may also attach such further affidavits and other documents in duplicate as he deems proper to be submitted with such application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information, and affidavits or of the judgment of conviction or of the sentence shall be filed in the office of the secretary of state to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.
C.R.S. § 16-13-501 — CO Code / Title 16 / Article 13 / Part 5 / Section 16-13-501
16-13-501. Short title
Status: in_force

16-13-501. Short title. This part 5 shall be known and may be cited as the "Colorado Contraband Forfeiture Act".
C.R.S. § 16-14-103 — CO Code / Title 16 / Article 14 / Section 16-14-103
16-14-103. Duties of superintendent upon delivery of request
Status: in_force

16-14-103. Duties of superintendent upon delivery of request. (1) Any request made pursuant to section 16-14-102 shall be delivered to the superintendent where the prisoner is confined who shall forthwith:

(a) Certify the term of commitment under which the prisoner is being held, the time already served on the sentence, the time remaining to be served, the earned time earned, the time of parole eligibility of the prisoner, and any decisions of the state board of parole relating to the prisoner; and

(b) Send, by registered mail, a copy of the request made by the prisoner and a copy of the information certified under paragraph (a) of this subsection (1) to both the court having jurisdiction of the untried offense and to the prosecuting official charged with the duty of prosecuting the offense.
C.R.S. § 16-5-208 — CO Code / Title 16 / Article 5 / Part 2 / Section 16-5-208
16-5-208. Information not filed - reasons
Status: in_force

16-5-208. Information not filed - reasons. In all cases where on preliminary hearing in the county court concerning the commission of a felony the accused is bound over and is committed to jail, or recognized and held to bail, it is the duty of the district attorney to file an information in the district court. If the district attorney determines in any such case that an information ought not to be filed, he or she shall file with the clerk of the district court having jurisdiction of the supposed offense a written statement containing his or her reasons, in fact and in law, for not filing an information in the case, and such statement shall be filed within sixty-three days following the date upon which the offender was held for appearance.
C.R.S. § 16-7-401 — CO Code / Title 16 / Article 7 / Part 4 / Section 16-7-401
16-7-401. Deferred prosecution
Status: repealed

16-7-401. Deferred prosecution. (Repealed)
C.R.S. § 16-11.7-109 — CO Code / Title 16 / Article 11.7 / Section 16-11.7-109
16-11.7-109. Reporting requirements - legislative declaration
Status: in_force

16-11.7-109. Reporting requirements - legislative declaration. (1) (a) The general assembly finds and declares that:

(I) As a body, the board is one of Colorado's most important resources on the treatment and management of adult sex offenders and juveniles who have committed sexual offenses;

(II) The board's research and analysis of treatment standards and programs, as well as empirical evidence collected and compiled by the board with respect to the treatment outcomes of adult sex offenders and juveniles who have committed sexual offenses, is vital to inform the decisions of policymakers.

(b) The general assembly therefore finds that it is appropriate for the board to report to the general assembly on an annual basis concerning the status of the treatment and management of adult sex offenders and juveniles who have committed sexual offenses in Colorado.

(2) Notwithstanding section 24-1-136 (11)(a)(I), on or before January 31, 2012, and on or before January 31 each year thereafter, the board shall prepare and present to the judiciary committees of the senate and the house of representatives, or any successor committees, a written report concerning best practices for the treatment and management of adult sex offenders and juveniles who have committed sexual offenses, including any evidence-based analysis of treatment standards and programs as well as information concerning any new federal legislation relating to the treatment and management of adult sex offenders and juveniles who have committed sexual offenses. The report may include the board's recommendations for legislation to carry out the purpose and duties of the board to protect the community.
C.R.S. § 16-4-115 — CO Code / Title 16 / Article 4 / Part 1 / Section 16-4-115
16-4-115. Severability
Status: in_force

16-4-115. Severability. If any provision of this part 1 or the application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this part 1 that can be given effect without the invalid provision or application, and to this end the provisions of this part 1 are declared to be severable.
C.R.S. § 16-3-202 — CO Code / Title 16 / Article 3 / Part 2 / Section 16-3-202
16-3-202. Assisting peace officer - arrest - furnishing information - immunity
Status: in_force

16-3-202. Assisting peace officer - arrest - furnishing information - immunity. (1) A peace officer making an arrest may command the assistance of any person who is in the vicinity.

(2) A person commanded to assist a peace officer has the same authority to arrest as the officer who commands his assistance.

(3) A person commanded to assist a peace officer in making an arrest shall not be civilly or criminally liable for any reasonable conduct in aid of the officer or for any acts expressly directed by the officer.

(4) Private citizens, acting in good faith, shall be immune from any civil liability for reporting to any police officer or law enforcement authority the commission or suspected commission of any crime or for giving other information to aid in the prevention of any crime.
C.R.S. § 16-2.3-105 — CO Code / Title 16 / Article 2.3 / Section 16-2.3-105
16-2.3-105. Civil infractions - proper court for hearing - burden of proof - appeal - collat
Status: in_force

16-2.3-105. Civil infractions - proper court for hearing - burden of proof - appeal - collateral attack. (1) A county court magistrate appointed pursuant to part 5 of article 6 of title 13, or a county judge acting as a magistrate, shall conduct the hearing in a county court for the adjudication of a civil infraction; except that, if the charge includes a crime and civil infraction in the same summons and complaint, all charges must be made returnable before a judge or magistrate who has jurisdiction over the crime. The Colorado rules of criminal procedure apply in a case that contains both a crime and a civil infraction.

(2) When a court of competent jurisdiction determines that a person charged with a misdemeanor or petty offense is guilty of a lesser included offense that is a civil infraction, the court may enter a judgment as to the lesser included offense.

(3) In a civil infraction case, the burden of proof is on the people, and the magistrate shall enter judgment in favor of the person unless the people prove the liability of the person beyond a reasonable doubt. The district attorney or a district attorney's deputy may, but is not required to, at the district attorney's discretion, enter a civil infraction case for the purpose of attempting to negotiate a plea to a lesser offense, reduced penalty, or a stipulation to pretrial diversion or deferred judgment and sentence. The district attorney shall not represent the state at hearings conducted by a magistrate or a county judge acting as a magistrate on civil infraction matters. The magistrate or county judge acting as a magistrate may call and question any witness and shall act as the fact finder at hearings on civil infraction matters.

(4) An appeal from final judgment on a civil infraction matter must be taken to the district court for the county where the magistrate or judge acting as magistrate is located.

(5) (a) Except as otherwise provided in subsection (5)(b) of this section, a person against whom a judgment is entered for a civil infraction may not collaterally attack the validity of that judgment unless the person commences the attack within six months after the date of entry of the judgment.

(b) In recognition of the difficulties attending the litigation of stale claims and the potential for frustrating various statutory provisions directed at repeat offenders, former offenders, and habitual offenders, the only exceptions to the time limitation specified in subsection (5)(a) of this section are cases in which the court hearing the collateral attack finds:

(I) That the court entering judgment did not have jurisdiction over the subject matter of the alleged civil infraction;

(II) That the court entering judgment did not have jurisdiction over the person;

(III) By a preponderance of the evidence, that the failure to seek relief within the time limitation specified in subsection (5)(a) of this section was the result of an adjudication of incompetence or by commitment or certification of the violator to an institution for treatment as a person with a behavioral health disorder; or

(IV) That the failure to seek relief within the time limitation specified in subsection (5)(a) of this section was the result of circumstances amounting to justifiable excuse or excusable neglect.
C.R.S. § 16-9-701 — CO Code / Title 16 / Article 9 / Part 7 / Section 16-9-701
16-9-701. Discovery project steering committee
Status: repealed

16-9-701. Discovery project steering committee. (1) (a) There is created the discovery project steering committee convened to assist in developing a request for proposal application and selection process to choose a vendor to develop a statewide discovery sharing system. The steering committee consists of:

(I) The attorney general or the attorney general's designee, who shall serve as the chair of the steering committee;

(II) The state court administrator or the state court administrator's designee, who shall serve as the vice-chair of the steering committee;

(III) The state public defender or the state public defender's designee;

(IV) A representative of the criminal defense bar appointed by the chief justice;

(V) A district court judge appointed by the chief justice;

(VI) Three district attorneys appointed by the governor, one representing an urban judicial district, one representing a mid-sized district, and one representing a rural district;

(VII) A county sheriff appointed by the governor;

(VIII) A chief of police appointed by the governor; and

(IX) The alternate defense counsel or the alternate defense counsel's designee.

(b) The project steering committee must also have a nonvoting member appointed by the governor from the office of information technology who serves only as a technology advisor to assist the steering committee.

(2) and (3) Repealed.

(4) (a) The discovery project steering committee shall develop benchmarks and contractual requirements for the statewide discovery sharing system.

(b) The Colorado district attorneys' council shall enter into a contract with the selected vendor to complete the system by June 30, 2017. The contract must include the benchmarks and requirements developed pursuant to paragraph (a) of this subsection (4). The executive director of the Colorado district attorneys' council shall provide periodic reports to the steering committee and the joint budget committee regarding benchmarks and requirements and the progress of the development of the system. It is not necessary for the steering committee to meet to receive the periodic reports.

(5) The discovery project steering committee may meet as necessary to provide practical and technical support for the maintenance and enhancement of the system and to ensure that the system is meeting the needs of the criminal justice system.

(6) Once the statewide discovery sharing system is operational, a district attorney or the Colorado district attorneys' council, who, after making a good-faith effort to redact all information from a discovery document provided to a defendant or defense counsel, provides a document that contains information that is legally required to be redacted, is not liable for civil damages as a result of acts or omissions related to providing discovery documents that contain information required to be redacted that is not redacted.
C.R.S. § 16-2.3-103 — CO Code / Title 16 / Article 2.3 / Section 16-2.3-103
16-2.3-103. Summons and complaint for civil infractions
Status: in_force

16-2.3-103. Summons and complaint for civil infractions. (1) A summons and complaint may be issued by any peace officer for an offense constituting a civil infraction committed in the peace officer's presence or, if not committed in the peace officer's presence, that the peace officer has probable cause to believe was committed and probable cause to believe was committed by the person charged. Except for penalty assessment notices, which must be handled pursuant to the procedures set forth in section 16-2-201 or 16-2.3-102, a copy of a summons and complaint issued must be filed immediately with the county court before which appearance is required, and a second copy must be given to the district attorney or deputy district attorney for the county.

(2) A summons issued by the county court for a civil infraction may be served by giving a copy to the person or by leaving a copy at the person's usual place of abode with a person over the age of eighteen years residing therein, or by mailing a copy to the person's last-known address by certified mail, return receipt requested, not less than fourteen days prior to the time the person is required to appear. Service by mail is complete upon the return of the receipt signed by the person. Personal service must be made by any disinterested party over eighteen years of age.
C.R.S. § 16-3-301 — CO Code / Title 16 / Article 3 / Part 3 / Section 16-3-301
16-3-301. Search warrants - issuance - grounds - exception - definitions
Status: in_force

16-3-301. Search warrants - issuance - grounds - exception - definitions. (1) A search warrant authorized by this section may be issued by any judge of a court of record.

(2) A search warrant may be issued under this section to search for and seize any property:

(a) Which is stolen or embezzled; or

(b) Which is designed or intended for use as a means of committing a criminal offense; or

(c) Which is or has been used as a means of committing a criminal offense; or

(d) The possession of which is illegal; or

(e) Which would be material evidence in a subsequent criminal prosecution in this state or in another state; or

(f) The seizure of which is expressly required, authorized, or permitted by any statute of this state; or

(g) Which is kept, stored, maintained, transported, sold, dispensed, or possessed in violation of a statute of this state, under circumstances involving a serious threat to public safety or order or to public health; or

(h) Which would aid in the detection of the whereabouts of or in the apprehension of a person for whom a lawful arrest warrant is outstanding.

(3) A search warrant may be issued under this section to search for any person for whom a lawful arrest warrant is outstanding.

(4) Notwithstanding subsection (2) of this section, a court shall not issue a search warrant to search for and seize any property that relates to an investigation into a legally protected health-care activity, as defined in section 12-30-121 (1)(d).
C.R.S. § 16-2.5-124 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-124
16-2.5-124. Liquor enforcement investigator
Status: in_force

16-2.5-124. Liquor enforcement investigator. A liquor enforcement investigator is a peace officer while engaged in the performance of his or her duties and while acting under proper orders or regulations whose primary authority shall be as stated in sections 44-3-905 (1) and 44-7-104 and shall also include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.
C.R.S. § 16-2.5-112.5 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-112.5
16-2.5-112.5. Manager of the office of prevention and security within the division of homeland
Status: in_force

16-2.5-112.5. Manager of the office of prevention and security within the division of homeland security and emergency management. The manager of the office of prevention and security within the division of homeland security and emergency management in the department of public safety is a peace officer whose authority includes the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.
C.R.S. § 16-2.5-502 — CO Code / Title 16 / Article 2.5 / Part 5 / Section 16-2.5-502
16-2.5-502. Peace officer credibility disclosures - policies and procedures
Status: in_force

16-2.5-502. Peace officer credibility disclosures - policies and procedures. (1) On or before January 1, 2022, each law enforcement agency and district attorney's office shall adopt and implement written policies and procedures consistent with the statewide model for peace officer credibility disclosure notifications created and recommended by the peace officer credibility disclosure notification committee established in subsection (2)(a) of this section.

(2) (a) There is hereby created the peace officer credibility disclosure notification committee. The peace officer credibility disclosure notification committee must be comprised of the following members as appointed by their respective organizations:

(I) A representative of the Colorado district attorneys' council;

(II) A representative from an organization representing police officers;

(III) A representative from an organization representing the chiefs of police;

(IV) A representative from an organization representing the county sheriffs;

(V) A county attorney designated by an organization representing counties; and

(VI) A city attorney designated by an organization representing municipalities.

(b) The peace officer credibility disclosure notification committee must be co-chaired by the representative from the Colorado district attorneys' council and the representative from the organization representing peace officers. The co-chairs of the committee shall set the dates, times, and procedures for the committee meetings as deemed necessary to meet the requirements of this section. The peace officer credibility disclosure notification committee shall create a statewide model for peace officer credibility disclosure notifications by December 1, 2021.

(c) The statewide model for peace officer credibility disclosure notification policies and procedures must include, but need not be limited to:

(I) A prompt notification from a law enforcement agency to the district attorney of any sustained finding that a peace officer has:

(A) Knowingly made an untruthful statement concerning a material fact, knowingly omitted a material fact in an official criminal justice record, or knowingly omitted a material fact while testifying under oath or during an internal affairs investigation or administrative investigation and disciplinary process;

(B) Demonstrated a bias based on race, religion, ethnicity, gender, sexual orientation, age, disability, national origin, or any other protected class;

(C) Tampered with or fabricated evidence; or

(D) Been convicted of any crime involving dishonesty, been charged in a criminal proceeding with any felony or any crime involving dishonesty, or violated any policy of the law enforcement agency regarding dishonesty.

(II) A law enforcement agency's obligation to notify the district attorney's office in the law enforcement agency's jurisdiction when:

(A) A peace officer is a potential witness in a pending criminal prosecution in which a criminal defendant has been formally charged;

(B) The peace officer is under a concurrent criminal or administrative investigation regarding an allegation related to the peace officer's involvement in the defendant's pending criminal case; and

(C) The result of the concurrent criminal or administrative investigation, if sustained, would require disclosure.

(III) A process for a law enforcement agency to promptly notify the district attorney of such a finding; and

(IV) A process to remove a peace officer's credibility disclosure notification from the district attorney's credibility disclosure notification record if appropriate and lawful.

(d) (I) The statewide model for peace officer credibility disclosure notifications established in subsection (2)(c) of this section must require that a law enforcement agency shall include in the credibility disclosure notification:

(A) The name of the peace officer;

(B) The name of the law enforcement agency that employs or employed the peace officer at the time of the investigation or sustained finding described in subsection (2)(c)(I) of this section or an investigation described in subsection (2)(c)(II) of this section;

(C) The following statement: "This notification is to inform you that there is information in the law enforcement agency's possession regarding [name of peace officer] that may affect the peace officer's credibility in court."

(D) The applicable statutory provision identifying the basis for the credibility disclosure notification as set forth in subsections (2)(c)(I)(A) through (2)(c)(I)(D) of this section.

(II) The statewide model for peace officer credibility disclosure notifications must provide a process to notify the involved peace officer at least seven calendar days prior to sending the credibility disclosure notification to the district attorney's office, if practicable.

(3) On or before February 1, 2022, each district attorney shall make available to the public the policies and procedures created and implemented pursuant to subsection (2) of this section. The policies and procedures must include, but need not be limited to, a process for a district attorney to:

(a) Receive credibility disclosure notifications;

(b) Maintain a current record of all credibility disclosure notifications, distinguishing between the credibility disclosure notifications in subsections (2)(c)(I) and (2)(c)(II) of this section;

(c) Describe how members of the public can access the database created by the P.O.S.T. board pursuant to section 24-31-303 (1)(r) concerning peace officers who are subject to credibility disclosure notifications. The procedures must be posted on the district attorney's or county's website.

(d) Establish a process to timely notify a defense attorney or defendant of credibility disclosure notification records pursuant to rule 16 of the Colorado rules of criminal procedure; and

(e) Remove any credibility disclosure notification records when appropriate and lawful.

(4) Each district attorney shall review the policies and procedures adopted and implemented pursuant to subsection (3) of this section at least every four years to ensure compliance with controlling federal and state case law interpreting Brady v. Maryland, 373 U.S. 83 (1963); Giglio v. United States, 405 U.S. 150 (1972); Kyles v. Whitley, 514 U.S. 419 (1995), and its progeny; as well as the Colorado rules of criminal procedure.
C.R.S. § 16-3-108 — CO Code / Title 16 / Article 3 / Part 1 / Section 16-3-108
16-3-108. Issuance of arrest warrant without information or complaint
Status: in_force

16-3-108. Issuance of arrest warrant without information or complaint. A court shall issue an arrest warrant only on affidavit sworn to or affirmed before the judge or a notary public and relating facts sufficient to establish probable cause that an offense has been committed and probable cause that a particular person committed that offense. The court shall issue a warrant for the arrest of such person commanding any peace officer to arrest the person so named and to take the person without unnecessary delay before the nearest judge of a court of record. Once a person is brought before the judge, the Colorado rules of criminal procedure are applicable.
C.R.S. § 16-13-510 — CO Code / Title 16 / Article 13 / Part 5 / Section 16-13-510
16-13-510. Money placed in account
Status: in_force

16-13-510. Money placed in account. Currency seized pursuant to this part 5 may be placed in an interest-bearing account during the proceedings pursuant to this part 5 if so ordered by the court upon the motion of any party. Photocopies of portions of the bills shall serve as evidence at all hearings. The account and all interest accrued shall be forfeited or returned to the prevailing party in lieu of the currency.
C.R.S. § 16-2.5-109 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-109
16-2.5-109. Fire arson investigator
Status: in_force

16-2.5-109. Fire arson investigator. A fire arson investigator authorized by a unit of local government is a peace officer while engaged in the performance of his or her duties whose authority shall be limited to the enforcement of arson and related laws and who may be certified by the P.O.S.T. board.
C.R.S. § 16-13-902 — CO Code / Title 16 / Article 13 / Part 9 / Section 16-13-902
16-13-902. Definitions
Status: in_force

16-13-902. Definitions. As used in this part 9, unless the context otherwise requires:

(1) "Department" means the department of corrections created in section 24-1-128.5, C.R.S.

(2) "Management board" means the sex offender management board created in section 16-11.7-103.

(3) "Parole board" means the state board of parole created in section 17-2-201, C.R.S.

(4) "Sex offender" means a person sentenced pursuant to part 10 of article 1.3 of title 18, C.R.S.

(5) "Sexually violent predator" means a sex offender who is identified as a sexually violent predator pursuant to section 18-3-414.5, C.R.S., or who is found to be a sexually violent predator or its equivalent in any other state or jurisdiction, including but not limited to a military or federal jurisdiction. For purposes of this subsection (5), "equivalent", with respect to an offender found to be a sexually violent predator or its equivalent, means a sex offender convicted in another state or jurisdiction, including but not limited to a military, tribal, territorial, or federal jurisdiction, who has been assessed or labeled at the highest registration and notification levels in the jurisdiction where the conviction was entered and who satisfies the age, date of offense, and conviction requirements for sexually violent predator status pursuant to Colorado law.

(6) "Technical assistance team" means the group of persons established by the division of criminal justice pursuant to section 16-13-906 to assist local law enforcement in carrying out community notification and to provide general community education concerning sex offenders.