CO Code § 24-31-305 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 31 - Department of Law|Part 3 - Peace Officers Standards and Training|§ 24-31-305. Certification - Issuance - Renewal - Revocation - Rules - Definition

    Basic peace officer certification requirements shall include: (1) (a) Basic peace officer certification requirements shall include:   Successful completion of a high school education or its equivalent;    Successful completion of basic training approved by the P.O.S.T. board;    Passage of examinations administered by the P.O.S.T. board; and    Current first aid and cardiopulmonary resuscitation certificates or their equivalents.       The training required for basic certification may be obtained through a training program conducted by a training academy approved by the P.O.S.T. board or completion of requirements of another state, federal, or tribal jurisdiction having standards deemed at least equivalent to those established pursuant to this part 3.    Repealed. (1.3) Reserve peace officer certification requirements shall include:   Successful completion of a high school education or its equivalent;    Successful completion of reserve training approved by the P.O.S.T. board; and    Current first aid and cardiopulmonary resuscitation certificates or their equivalents.   (1.5) (a) The P.O.S.T. board shall deny certification to any person who has been convicted of:   A felony;    Any misdemeanor in violation of sections 18-3-204, 18-3-402, 18-3-404, 18-3-405.5, and 18-3-412.5, C.R.S.;    Any misdemeanor in violation of sections 18-7-201, 18-7-202, 18-7-203, 18-7-204, 18-7-302, and 18-7-601, C.R.S.;    Any misdemeanor in violation of any section of article 8 of title 18, C.R.S.;    Any misdemeanor in violation of sections 18-9-111 and 18-9-121, C.R.S.;    Any misdemeanor in violation of sections 18-18-404, 18-18-405, 18-18-406, and 18-18-411, C.R.S.;    Any misdemeanor in violation of section 18-6-403 (3)(b.5), C.R.S., as it existed prior to July 1, 2006;    Any misdemeanor in violation of federal law or the law of any state that is the equivalent of any of the offenses specified in subparagraphs (I) to (VII) of this subsection (1.5)(a); or    Any local municipal ordinance that is the equivalent of any of the offenses specified in subparagraphs (I) to (VII) of this subsection (1.5)(a).       The P.O.S.T. board must deny certification to any person who entered into one of the following for a crime listed in paragraph (a) of this subsection (1.5) if the P.O.S.T. board determines that certification is not in the public interest:   A deferred judgment and sentencing agreement or deferred sentencing agreement, whether pending or successfully completed;    A deferred prosecution agreement, whether pending or successfully completed; or    A pretrial diversion agreement, whether pending or successfully completed.   (1.6) (a) Notwithstanding the provisions of subsection (1.5) of this section, if an applicant anticipates prior to the denial of certification that he or she will be denied certification on the ground that the applicant has been convicted on or after July 1, 2001, of any misdemeanor or misdemeanors described in subsection (1.5) of this section, the applicant or the chief law enforcement officer of the agency, if any, employing such applicant may, at the time of the application for certification, notify the P.O.S.T. board of such conviction or convictions and request the board to grant the applicant an exemption from denial of certification.    Notwithstanding the provisions of subsection (1.5) of this section, if an applicant is denied certification on the ground that the applicant has been convicted on or after July 1, 2001, of any misdemeanor or misdemeanors described in subsection (1.5) of this section, the applicant or the chief law enforcement officer of the agency, if any, employing such applicant may, within thirty days after the effective date of denial, request that the P.O.S.T. board withdraw the denial of certification.    The P.O.S.T. board shall promulgate rules and regulations deemed necessary by the board concerning the procedures for the granting of exemptions to denials of certification and the withdrawal of denials of certification under this subsection (1.6).   (1.7) (a) Unless revoked, a basic certification or reserve certification issued pursuant to this part 3 is valid as long as the certificate holder is continuously serving as a peace officer or reserve peace officer.    If a basic or reserve certificate holder has not served as a peace officer or reserve peace officer for a total of at least six months during any consecutive three-year period, the certification automatically expires at the end of such three-year period, unless the certificate holder is then serving as a peace officer or reserve peace officer.    The P.O.S.T. board may promulgate rules for the renewal of certification that expired pursuant to paragraph (b) of this subsection (1.7).                        A certification issued pursuant to subsection (1) or (1.3) of this section or section 24-31-308 shall be suspended or revoked by the P.O.S.T. board if the certificate holder has been convicted of a felony at any time, or has been convicted on or after July 1, 2001, of any misdemeanor or misdemeanors described in subsection (1.5) of this section, or has otherwise failed to meet the certification requirements established by the board. (2) (a) A certification issued pursuant to subsection (1) or (1.3) of this section or section 24-31-308 shall be suspended or revoked by the P.O.S.T. board if the certificate holder has been convicted of a felony at any time, or has been convicted on or after July 1, 2001, of any misdemeanor or misdemeanors described in subsection (1.5) of this section, or has otherwise failed to meet the certification requirements established by the board.      Notwithstanding the provisions of paragraph (a) of this subsection (2), if the certification of a certificate holder is revoked pursuant to paragraph (a) of this subsection (2) on the ground that the certificate holder has been convicted on or after July 1, 2001, of any misdemeanor or misdemeanors described in subsection (1.5) of this section, the certificate holder or the chief law enforcement officer of the agency, if any, employing such certificate holder may, within thirty days after the effective date of the revocation, request the P.O.S.T. board to reinstate the certification. (b) (I) Notwithstanding the provisions of paragraph (a) of this subsection (2), if the certification of a certificate holder is revoked pursuant to paragraph (a) of this subsection (2) on the ground that the certificate holder has been convicted on or after July 1, 2001, of any misdemeanor or misdemeanors described in subsection (1.5) of this section, the certificate holder or the chief law enforcement officer of the agency, if any, employing such certificate holder may, within thirty days after the effective date of the revocation, request the P.O.S.T. board to reinstate the certification.    The P.O.S.T. board shall promulgate rules and regulations deemed necessary by the board concerning the procedures for the reinstatement of revocations of certification.   (2.5) (a) Notwithstanding the provisions of subsection (2) of this section, the P.O.S.T. board shall revoke a certification issued to a person pursuant to subsection (1) or (1.3) of this section or section 24-31-308 if:   The law enforcement agency that employs or employed the certificate holder notifies the P.O.S.T. board that, on or after August 2, 2019, the certificate holder knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process; and    The law enforcement agency certifies that:   It completed an administrative process defined by a published policy of the law enforcement agency, which policy was in effect at the time that the alleged untruthful statement concerning a material fact or knowing omission of material fact occurred;    Through that administrative investigation and disciplinary process, the law enforcement agency determined by a clear and convincing standard of the evidence that, on or after August 2, 2019, the certificate holder knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or comparable administrative investigation; and    The certificate holder has elected not to exercise, or has exhausted, the internal disciplinary appeal rights provided by the officer's employer; and       The certificate holder, after receiving the notice from the P.O.S.T. board described in subsection (2.5)(e) of this section, either does not request a hearing, or requests a hearing and the hearing officer has determined, after conducting the hearing pursuant to the rules of the P.O.S.T. board and in compliance with sections 24-4-104 and 24-4-105, that the certificate holder knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process.       A law enforcement agency that makes a determination described in subsection (2.5)(a)(II) of this section shall report such fact to the P.O.S.T. board on a form that is prescribed by the P.O.S.T. board. The form must require the official submitting the form to attest, under penalty of perjury, that, to the best of the official's knowledge and belief, the statements on the form are true, correct, and complete, and that any false statement, misstatement, or inaccuracy may result in revocation of the official's certification as well as criminal prosecution.    If a certificate holder who is the subject of an investigation described in subsection (2.5)(a)(II) of this section resigns or refuses to cooperate in the investigation, the investigating law enforcement agency shall complete the investigation with or without the subject's participation. If the results of the investigation demonstrate by a clear and convincing standard of the evidence that, on or after August 2, 2019, the certificate holder knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process, the law enforcement agency shall notify the P.O.S.T. board and request revocation of the certificate holder's certification on a form prescribed by the P.O.S.T. board.    The records of any law enforcement agency that are submitted for review by the P.O.S.T. board for the purposes of this subsection (2.5) remain the property of the reporting law enforcement agency and are not subject to public release by the P.O.S.T. board.    Upon receipt of the form from a law enforcement agency pursuant to subsection (2.5)(b) of this section, the P.O.S.T. board shall notify the certificate holder of the certificate holder's right to request a show cause hearing pursuant to the rules of the P.O.S.T. board and in compliance with sections 24-4-104 and 24-4-105.    A person who has had his or her P.O.S.T. certification revoked pursuant to this subsection (2.5) may appeal the decision to the full P.O.S.T. board pursuant to the rules of the P.O.S.T. board and section 24-4-105, and may seek judicial review pursuant to the provisions of section 24-4-106.    If a certificate holder's certificate is revoked pursuant to this section and a court of record subsequently reverses or vacates the finding that, on or after August 2, 2019, the certificate holder knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process, the certificate holder may request reinstatement of his or her certificate by providing documentation of the court's ruling to the P.O.S.T. board within forty-five days after the court's ruling.    If a law enforcement agency is notified that a peace officer who is employed or who was employed by the agency is alleged to have knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process, on or after August 2, 2019, the agency employing the peace officer, or the last law enforcement agency to employ the peace officer, shall investigate the allegation unless the accused peace officer has not been employed by the agency for at least six months preceding the date upon which the agency is notified of the allegation, in which case the agency may investigate the allegation.    Nothing in this section prohibits the lawful use of deception or omission of facts by a peace officer while he or she is conducting an investigation of criminal activity.    For the purposes of this subsection (2.5), "administrative investigation and disciplinary process" means an employer's formal process of internal control that assures that an allegation of violation of employer rules, policy, procedure, or other misconduct or improper actions by an employee are subject to a complete and objective investigation resulting in findings of fact and disciplinary action for any substantiated violation.    The P.O.S.T. board may promulgate rules for the implementation of this subsection (2.5). (2.7) The P.O.S.T. board may revoke the certification of a peace officer who fails to satisfactorily complete peace officer training required by the P.O.S.T. board. Prior to revoking the peace officer's certification, the P.O.S.T. board shall notify the peace officer of his or her failure to complete the training required by the P.O.S.T. board and give the peace officer thirty calendar days to satisfactorily complete the peace officer training required by the P.O.S.T. board.             Certification shall not vest tenure or related rights. The policies, if any, of the employing agency shall govern such rights. Additional certification reflecting higher levels of proficiency may, at the discretion of the employing agency, be required in hiring, retaining, or promoting peace officers.    The P.O.S.T. board may grant variances from the requirements of this section to any individual, including any individual called to active duty by the armed forces of the United States, if strict application thereof would result in practical difficulty or unnecessary hardship and where the variance would not conflict with the basic purposes and policies of this part 3. The P.O.S.T. board shall promulgate rules regarding the procedure for applying for and granting variances pursuant to this subsection (4).     Source: L. 92: Entire part added, p. 1094, § 3, effective March 6. L. 94: Entire section amended, p. 1729, § 7, effective May 31. L. 96: Entire section amended, p. 1572, § 3, effective June 3. L. 98: (1.7)(a), (1.7)(b), and (2) amended and (4) added, p. 750, § 3, effective May 22. L. 2000: (1.7)(c) amended, p. 42, § 2, effective March 10. L. 2001: (1.5) and (2) amended and (1.6) added, p. 1449, § 2, effective July 1. L. 2005: (1)(b), (1.5)(g), and (4) amended and (1)(c) and (1.5)(h) added, p. 113, §§ 2, 3, effective August 8. L. 2006: (1.5)(g) amended, p. 2044, § 5, effective July 1. L. 2012: (1)(c) repealed, (HB 12-1163), ch. 50, p. 182, § 2, effective August 8. L. 2013: (1.5)(g) amended, (HB 13-1166), ch. 59, p. 196, § 4, effective August 7. L. 2014: (1.5)(g) and (1.5)(h) amended and (1.5)(i) added, (SB 14-123), ch. 246, p. 946, § 2, effective August 6. L. 2016: (1.5) amended, (HB 16-1262), ch. 339, p. 1386, § 6, effective June 10. L. 2019: (1.5)(a)(VIII) and (1.5)(a)(IX) amended, (SB 19-241), ch. 390, p. 3469, § 27, effective August 2; (2.5) added, (SB 19-166), ch. 249, p. 2422, § 1, effective August 2. L. 2020: (2.7) added, (SB 20-217), ch. 110, p. 458, § 14, effective June 19.   Cross references: For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020.   ANNOTATION   Because the constitution grants Denver the power to control the qualifications, as well as the powers, duties, and terms or tenure, of its deputy sheriffs, it necessarily follows that the P.O.S.T Act is in conflict with the constitution to the extent that it purports to require Denver deputy sheriffs to be certified by the P.O.S.T. board. Fraternal Order, No. 27 v. Denver, 914 P.2d 483 (Colo. App. 1995).   Because the state's interest under the Peace Officers Standards and Training Act was not sufficient to outweigh Denver's home rule authority, the provisions of this section supersede the conflicting provisions of the P.O.S.T. Act. Fraternal Order of Police, Lodge 27 v. Denver, 926 P.2d 582 (Colo. 1996).   The qualification and certification of Denver deputy sheriffs is a local concern, specifically, where it was shown that there was no need for statewide uniformity of training that would include Denver deputy sheriffs; that the extraterritorial impact of Denver deputy sheriffs is, at best, de minimis; that Denver deputy sheriffs do not substantially impact public safety beyond the boundaries of Denver; and Denver's interest in the training and certification of its deputy sheriffs is substantial and has direct textual support in the Colorado Constitution and in case law precedent. Fraternal Order of Police, Lodge 27 v. Denver, 926 P.2d 582 (Colo. 1996).   The holding regarding the training and certification under the P.O.S.T. Act is limited to Denver deputy sheriffs since Colorado Constitution article XX, § 2, pertains only to the City and County of Denver. Fraternal Order of Police, Lodge 27 v. Denver, 926 P.2d 582 (Colo. 1996).