reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 7 - COLORADO DOMESTIC VIOLENCE FATALITY REVIEW BOARD (§§ 24-31-701 — 24-31-706) › Section 24-31-701 - Definitions

As used in this part 7, unless the context requires otherwise:
(1)
"Department" means the department of law.
(2)
Repealed.
(3)
"Review board" means the Colorado domestic violence fatality review board created in section
24-31-702
.
(4)
"Review team" means a local or regional domestic violence fatality review team.
Amended by 2022 Ch. 143,§5, eff. 5/2/2022.
Added by 2017 Ch. 400,§2, eff. 8/9/2017.
L. 2017: Entire part added, (SB 17-126), ch. 400, p. 2082, § 2, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 7 - COLORADO DOMESTIC VIOLENCE FATALITY REVIEW BOARD (§§ 24-31-701 — 24-31-706) › Section 24-31-705 - [Repealed]

Repealed by 2022 Ch. 143,§3, eff. 5/2/2022.
Added by 2017 Ch. 400,§2, eff. 8/9/2017.
L. 2017: Entire part added, (SB 17-126), ch. 400, p. 2088, § 2, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 7 - COLORADO DOMESTIC VIOLENCE FATALITY REVIEW BOARD (§§ 24-31-701 — 24-31-706) › Section 24-31-706 - Repeal of part

This part 7 is repealed, effective September 1, 2027. Prior to the repeal of this part 7, the domestic violence fatality review board must be reviewed as provided for in section
2-3-1203
.
Amended by 2022 Ch. 143,§2, eff. 5/2/2022.
Added by 2017 Ch. 400,§2, eff. 8/9/2017.
L. 2017: Entire part added, (SB 17-126), ch. 400, p. 2089, § 2, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 8 - MEDICAID FRAUD CONTROL (§§ 24-31-801 — 24-31-811) › Section 24-31-802 - Medicaid fraud control unit - creation - duties

There is created within the department of law and under the control of the office of the attorney general the medicaid fraud control unit. The unit shall investigate and prosecute fraud, misuse, waste, and abuse committed by medicaid providers and investigate and prosecute cases of patient abuse, neglect, and exploitation.
Added by 2018 Ch. 159, § 2, eff. 1/1/2019.
L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1114, § 2, effective 1/1/2019.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 8 - MEDICAID FRAUD CONTROL (§§ 24-31-801 — 24-31-811) › Section 24-31-803 - Medicaid fraud reporting

The department of health care policy and financing; the department of public health and environment; managed care entities; and their fiscal agents, contractors, or subcontractors, shall refer all cases where the agency or entity has reasonable cause to believe that there is suspected medicaid fraud and waste as well as patient abuse, neglect, and exploitation to the unit for the purpose of investigation, civil action, or criminal action. Nothing contained in this part 8 prohibits the attorney general from pursuing cases of suspected medicaid fraud and waste or patient abuse, neglect, and exploitation cases absent such a referral.
Added by 2018 Ch. 159, § 2, eff. 1/1/2019.
L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1115, § 2, effective 1/1/2019.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 8 - MEDICAID FRAUD CONTROL (§§ 24-31-801 — 24-31-811) › Section 24-31-804 - Medicaid fraud control unit - displayed information

The department of health care policy and financing may require that a notification be included in any explanation of benefits provided to a beneficiary that explains the process and contact information for reporting to the unit suspected medicaid fraud and waste as well as patient abuse, neglect, and exploitation. Any notification required pursuant to this section must be placed in a conspicuous location within the explanation of benefits and must include a statement that all reports to the unit may be filed anonymously by persons suspecting fraudulent activity.
Added by 2018 Ch. 159, § 2, eff. 1/1/2019.
L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1115, § 2, effective 1/1/2019.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 8 - MEDICAID FRAUD CONTROL (§§ 24-31-801 — 24-31-811) › Section 24-31-805 - Medicaid fraud control unit authority and responsibilities

(1)
In carrying out the responsibilities of this section, the unit has the authority to:
(a)
Investigate and prosecute civil actions and proceedings, pursuant to section
25.5-4-301 (2)
or sections
25.5-4-303.5
to
25.5-4-310
;
(b)
Investigate and prosecute criminal medicaid fraud and waste pursuant to this part 8 and title 18;
(c)
Investigate and prosecute patient abuse, neglect, or exploitation provided that prior to the filing of any criminal charges involving patient abuse, neglect, or exploitation by either complaint or grand jury indictment the unit shall first consult with the district attorney of the judicial district where the prosecution would be initiated. If after such consultation the district attorney agrees with the filing of charges, the unit shall cross-designate the district attorney or his or her designated assistant or deputy district attorney as a special assistant attorney general on the case. If after such consultation the district attorney does not agree with the filing of charges, the unit may file the case independently.
(d)
Issue or cause to be issued civil investigative demands and subpoenas or other process in aid of investigations and prosecutions;
(e)
Administer oaths and take sworn statements under penalty of perjury; and
(f)
Serve and execute, in any county, search warrants that relate to investigations.
Added by 2018 Ch. 159, § 2, eff. 1/1/2019.
L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1115, § 2, effective 1/1/2019.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 8 - MEDICAID FRAUD CONTROL (§§ 24-31-801 — 24-31-811) › Section 24-31-806 - Civil investigative demands and subpoenas

(1)
Civil investigative demands issued pursuant to this part 8 are subject to the requirements of section
25.5-4-309
.
(2)
Subpoenas issued pursuant to this part 8 must comply with the provisions of article
90
of title
13
and any court rule.
(3)
Any testimony obtained pursuant to a civil investigative demand issued pursuant to this section is not admissible in evidence in any criminal prosecution against the person compelled to testify pursuant to the civil investigative demand. The provisions of this subsection (3) do not prevent the attorney general from independently producing or obtaining the same or similar facts, information, or evidence for use in any criminal prosecution.
Added by 2018 Ch. 159, § 2, eff. 1/1/2019.
L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1116, § 2, effective 1/1/2019.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 8 - MEDICAID FRAUD CONTROL (§§ 24-31-801 — 24-31-811) › Section 24-31-807 - Provider applications - false statements - penalties

(1)
Each application to participate as a provider in the medicaid program, including amendments, updates, renewals, or revalidations thereof; each report stating income or expense upon which rates of payment are or may be based; and each invoice for payment for a good or service provided to a beneficiary must contain a statement that all matters stated therein are true and accurate, and the statement must be signed by the individual authorized by the provider.
(2)
An application under subsection (1) of this section is a public record or instrument as described in section
18-5-102 (1)(d)
.
Added by 2018 Ch. 159, § 2, eff. 1/1/2019.
L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1116, § 2, effective 1/1/2019.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 8 - MEDICAID FRAUD CONTROL (§§ 24-31-801 — 24-31-811) › Section 24-31-809 - Unlawful remuneration - penalties

(1)
Except as provided in subsection (2) of this section, it is unlawful for any person to knowingly offer, pay, solicit, or receive any remuneration including, but not limited to, any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind:
(a)
In return for the referral of an individual to a person for the furnishing or arranging of any good or service for which payment may be made in whole or in part pursuant to the "Colorado Medical Assistance Act"; or
(b)
In return for purchasing, leasing, ordering, or arranging for or recommending the purchase, lease, or ordering of any good, facility, service, or item for which payment may be made in whole or in part pursuant to the "Colorado Medical Assistance Act".
(2)
It shall not be unlawful under subsection (1) of this section if the remuneration obtained by the provider or other entity is:
(a)
Permitted pursuant to section
25.5-4-414
or any statutory exceptions or safe harbor regulations under the federal "Anti-Kickback Statute",
42 U.S.C. sec. 1320a-7b (b)
, as amended;
(b)
Properly disclosed and appropriately reflected in the claims or cost documents submitted under the "Colorado Medical Assistance Act";
(c)
Paid by an employer to an employee who has a bona fide employment relationship with such employer for employment in providing the service; or
(d)
Paid by a vendor of goods or services to a person authorized to act as a purchasing agent for a group of providers, and:
(I)
The person has a written contract with the providers that specifies the amount to be paid to the person, which amount may be a fixed amount or a fixed percentage of the value of the purchase made by the person; or
(II)
In the case of a provider of services, the person discloses, in such form and manner as the department of health care policy and financing requires, to the provider and, upon request, to the department of health care policy and financing the amount received from each such vendor with respect to purchases made by or on behalf of the provider.
(3)
A violation of this section is a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
Amended by 2021 Ch. 462, § 417, eff. 3/1/2022.
Added by 2018 Ch. 159, § 2, eff. 1/1/2019.
L. 2018: Entire part added, (HB 18-1211), ch. 1118, p. 1118, § 2, effective 1/1/2019.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 8 - MEDICAID FRAUD CONTROL (§§ 24-31-801 — 24-31-811) › Section 24-31-810 - Other remedies available

(1)
The provisions of this part 8 are not intended to be exclusive remedies and do not preclude the use of any other criminal prosecution directly related to criminal medicaid fraud and waste, as well as criminal patient abuse, neglect, and exploitation, or any other civil remedy for any act that is in violation of this part 8.
(2)
In addition to any penalties provided for in this part 8, a claim under the "Colorado Medical Assistance Act" that includes items or services resulting from a violation of this part 8 or the federal "Anti-Kickback Statute",
42 U.S.C. 1320a-7b (b)
, as amended, constitutes a false claim for purposes of the "Colorado Medicaid False Claims Act", sections
25.5-4-303.5
to
25.5-4-310
.
Added by 2018 Ch. 159, § 2, eff. 1/1/2019.
L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1119, § 2, effective 1/1/2019.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 8 - MEDICAID FRAUD CONTROL (§§ 24-31-801 — 24-31-811) › Section 24-31-811 - Limitation of action - three years

An action brought under this part 8 must be commenced within three years after the date of discovery of the commission of the offense, but no later than six years after the date of the commission of the offense. When a violation of this section is based on a series of acts performed at different times, the limitation period starts at the time the last act in the series is discovered.
Added by 2018 Ch. 159, § 2, eff. 1/1/2019.
L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1120, § 2, effective 1/1/2019.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 9 - LAW ENFORCEMENT INTEGRITY (§§ 24-31-901 — 24-31-907) › Section 24-31-901 - Definitions

As used in this part 9, unless the context otherwise requires:
(1)
"Contact" means an in-person interaction with an individual, whether or not the person is in a motor vehicle, initiated by a peace officer, whether consensual or nonconsensual, for the purpose of enforcing the law or investigating possible violations of the law. "Contact" does not include routine interactions with the public at the point of entry or exit from a controlled area; a non-investigatory and consensual interaction with a member of the public, initiated by a member of the public, unless and until the interaction progresses into an investigation of a possible violation of the law; a motorist assist; undercover interactions; or routine interactions with persons detained in a jail or detention facility.
(2)
"Demographic information" means race, ethnicity, sex, and approximate age.
(2.5)
"Exonerated" means dismissal of charges by the court or appropriate prosecutor or a not guilty verdict in a criminal prosecution, a finding of no liability in a civil action, a finding of no culpability or no liability or similar determination in an administrative proceeding, or a finding of not sustained in an internal investigation; except that a finding of no culpability or no liability in an administrative proceeding or a finding of not sustained in an internal investigation does not mean "exonerated" if the officer is found guilty in a subsequent criminal prosecution for the same conduct or found liable for the same conduct in a civil action.
(3)
"Peace officer" means any person employed by a political subdivision of the state required to be certified by the P.O.S.T. board pursuant to section
16-2.5-102
, a Colorado state patrol officer as described in section
16-2.5-114
, and any noncertified deputy sheriff as described in section
16-2.5-103(2)
.
(4)
"Physical force" means the application of physical techniques or tactics, chemical agents, or weapons to another person.
(4.5)
"P.O.S.T. board" means the peace officers standards and training board created in section
24-31-302
.
(5)
"Serious bodily injury" has the same meaning as in section
18-1-901(3)(p)
.
(6)
"Tamper" means to intentionally damage, disable, dislodge, or obstruct the sight or sound or otherwise impair functionality of the body-worn camera or to intentionally damage, delete, or fail to upload some or all portions of the video and audio.
(7)
"Weapon" means a firearm, long gun, taser, baton, nun chucks, or projectile.
Amended by 2021 Ch. 458,§1, eff. 7/6/2021.
Added by 2020 Ch. 110,§2, eff. 6/19/2020.
L. 2020: Entire part added, (SB 20-217), ch. 445, p. 445, § 2, effective June 19.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 9 - LAW ENFORCEMENT INTEGRITY (§§ 24-31-901 — 24-31-907) › Section 24-31-905 - Prohibited law enforcement action in response to protests

(1)
In response to a protest or demonstration, a law enforcement agency and any person acting on behalf of the law enforcement agency shall not:
(a)
Discharge kinetic impact projectiles and all other non- or less-lethal projectiles in a manner that targets the head, pelvis, or back;
(b)
Discharge kinetic impact projectiles indiscriminately into a crowd; or
(c)
Use chemical agents or irritants, including pepper spray and tear gas, prior to issuing an order to disperse in a sufficient manner to ensure the order is heard and repeated if necessary, followed by sufficient time and space to allow compliance with the order.
Added by 2020 Ch. 110,§ 2, eff. 6/19/2020.
L. 2020: Entire part added, (SB 20-217), ch. 452, p. 452, § 2, effective June 19.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 9 - LAW ENFORCEMENT INTEGRITY (§§ 24-31-901 — 24-31-907) › Section 24-31-906 - Retaliation against whistleblower officers prohibited

(1)
A peace officer's employer or the employer's agent shall not discharge; discipline; demote; deny a promotion, transfer, or reassign; discriminate against; harass; or threaten a peace officer's employment because the peace officer disclosed information that shows:
(a)
A danger to public health or safety; or
(b)
A violation of law or policy committed by another peace officer.
(2)
No later than January 1, 2022, all law enforcement agencies that employ P.O.S.T.-certified peace officers shall provide a training available to employees, a workplace posting, or both regarding the requirements of this section. If the law enforcement agency provides a posting, the law enforcement agency shall place the posting in an area that is readily accessible to all employees and printed in a readable format. For new employees hired after the date of the training for existing employees, the law enforcement agency shall provide the training during the employee's orientation.
(3)
An employee or agent of a law enforcement agency that knowingly or intentionally violates subsection (1) of this section shall be disciplined appropriately by the law enforcement agency.
Added by 2021 Ch. 458,§5, eff. 7/6/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 9 - LAW ENFORCEMENT INTEGRITY (§§ 24-31-901 — 24-31-907) › Section 24-31-907 - [Effective 8/7/2024] Prohibited use of "excited delirium" - definition

(1)
(a)
A person or entity conducting a training program for peace officers, as described in section 16-2.5-101 (1), or other first responders shall not include any training on or reference to the term "excited delirium" in any training program. A peace officer, as described in section 16-2.5-101 (1), law enforcement agency, or other organization shall not report to the P.O.S.T. board, created in section 24-31-302, a course that contains the concept of excited delirium for credit toward any training required by sections 24-31-303 (1), 24-31-315, or any rule promulgated by the P.O.S.T. board. Nothing in this section prohibits the instruction of, or reporting to the P.O.S.T. board for training credit, courses that include the safe and effective interaction with individuals exhibiting an altered mental state, including symptomatology of a state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity from pain.
(b)
A peace officer shall not use the term "excited delirium" to describe an individual in an incident report completed by a peace officer. A peace officer may describe the characteristics of an individual's conduct but shall not generally describe the individual's demeanor, conduct, or physical or mental condition at issue as "excited delirium".
(2)
For purposes of this section, "excited delirium" means a term used to describe a person's state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain that is not listed in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders. "Excited delirium" also includes excited delirium syndrome, hyperactive delirium, agitated delirium, and exhaustive mania.
Added by 2024 Ch. 47,§ 1, eff. 8/7/2024.
2024 Ch. 47, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 10 - COMMISSION ON IMPROVING FIRST RESPONDERINTERACTIONS WITH PERSONS WITH DISABILITIES (§§ 24-31-1001 — 24-31-1007) › Section 24-31-1001 - Definitions

As used in this part 10, unless the context otherwise requires:
(1)
"Commission" means the commission on improving first responder interactions with persons with disabilities created in section
24-31-1002
.
(2)
"First responder" means a peace officer, firefighter, or emergency medical service provider.
(3)
"Person with a disability" has the same meaning set forth in section
18-6.5-102(11)
, and includes a person with dementia diseases and related disabilities.
(4)
"P.O.S.T. board" means the peace officers standards and training board created in section
24-31-302
.
Added by 2021 Ch. 405,§1, eff. 6/30/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 10 - COMMISSION ON IMPROVING FIRST RESPONDERINTERACTIONS WITH PERSONS WITH DISABILITIES (§§ 24-31-1001 — 24-31-1007) › Section 24-31-1002 - Commission - membership - duties

(1)
There is created within the department of law and under the control of the office of the attorney general the commission on improving first responder interactions with persons with disabilities.
(2)
The commission consists of twelve members, appointed by the attorney general, as follows:
(a)
Two persons with a disability;
(b)
Two parents of a child with a disability;
(c)
Two representatives from organizations that advocate for persons with disabilities who are recommended by the organization, one of whom also represents the interests of seniors or an aging advocacy organization;
(d)
A person who meets the qualifications described in subsection (2)(a), (2)(b), or (2)(c) of this section and who represents a disability community that is not represented by the persons appointed pursuant to subsection (2)(a), (2)(b), or (2)(c) of this section;
(e)
A representative of a statewide organization of current and former peace officers;
(f)
A representative of a statewide organization of chiefs of police;
(g)
A representative of a statewide organization of county sheriffs;
(h)
One member of the P.O.S.T. board; and
(i)
A member of the P.O.S.T. board's curriculum subject matter expert committee.
(3)
(a)
The attorney general shall appoint members to the commission no later than September 15, 2021.
(b)
In making appointments to the commission pursuant to subsection (2) of this section, the attorney general shall ensure, to the greatest extent possible, that the membership of the commission is representative of the ethnic, cultural, age, and gender diversity of the state and of all geographic areas of the state, including rural areas.
(4)
Members of the commission serve without compensation but the department of law shall reimburse members for all actual and necessary expenses incurred in the performance of their duties.
(5)
The attorney general's office shall provide a staff member to coordinate and support the commission and help implement the commission's recommendations.
(6)
(a)
The attorney general's office shall convene the first meeting of the commission no later than October 15, 2021. At the first meeting, commission members shall select from among the membership a person to serve as chair of the commission.
(b)
The commission shall meet upon the call of the chair as necessary to complete its duties specified in this part 10, but must meet at least once per quarter.
Added by 2021 Ch. 405,§1, eff. 6/30/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 10 - COMMISSION ON IMPROVING FIRST RESPONDERINTERACTIONS WITH PERSONS WITH DISABILITIES (§§ 24-31-1001 — 24-31-1007) › Section 24-31-1003 - Study of training concerning interactions with persons with disabilities - report

(1)
The commission shall, in collaboration with the P.O.S.T. board, evaluate existing training for peace officers concerning interactions with persons with disabilities. The commission shall examine:
(a)
Whether the training is included as a part of basic training or any other training program approved by the P.O.S.T. board and provided by a law enforcement training academy;
(b)
(I)
If the training is required, the number of hours of training required; or
(II)
If the training is optional, the number of hours of training offered; and
(c)
The qualifications and experience required of instructors who provide the training.
(2)
The commission shall review existing training curricula concerning first responder interactions with persons with disabilities offered by organizations in Colorado and other states. The commission's review must include identifying existing curricula offered by governmental agencies and nongovernmental organizations, evaluating whether any identified existing and available curricula is adequate to train peace officers in Colorado, and whether any existing curricula could be modified to properly train peace officers in Colorado.
Added by 2021 Ch. 405,§1, eff. 6/30/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 10 - COMMISSION ON IMPROVING FIRST RESPONDERINTERACTIONS WITH PERSONS WITH DISABILITIES (§§ 24-31-1001 — 24-31-1007) › Section 24-31-1004 - Recommend training curriculum for peace officers

(1)
(a)
On or before February 28, 2022, and after completing the study described in section
24-31-1003
, the commission shall recommend to the P.O.S.T. board the curriculum for peace officer training concerning interactions with persons with disabilities to be used in basic training and other training programs approved by the P.O.S.T. board and that may be offered to first responders that are not required to take P.O.S.T. board approved training.
(b)
The recommended curriculum must include an initial training curriculum that can be offered as part of basic law enforcement training and an annual in-service training curriculum.
(2)
In recommending a curriculum pursuant to this section, the commission must:
(a)
Recommend a curriculum that meets or exceeds the standards of the existing curriculum offered to first responders identified by the committee in its study of the existing curriculum;
(b)
Consider existing basic training and annual in-service training requirements for peace officers to ensure that the recommended curriculum can be implemented effectively and with the least possible duplication of existing training requirements and administrative and financial burden on peace officers, law enforcement agencies, and law enforcement training academies;
(c)
Study the existing training requirement concerning abuse and exploitation of at-risk adults with intellectual and developmental disabilities described in section
24-31-313.5
and consider recommending a curriculum that may satisfy the existing requirement; and
(d)
Consider the results of any audit that examined first responder interactions with persons with disabilities in Colorado.
(3)
(a)
After implementation of the curriculum as described in section
24-31-317
, the commission shall examine any challenges faced by the P.O.S.T. board, law enforcement agencies, and law enforcement training academies with implementing the curriculum, including resource availability; periodically assess the effectiveness of the curriculum; and determine whether any changes need to be made to the curriculum.
(b)
If, after the implementation of the curriculum, the commission determines that the curriculum should be changed, it may recommend changes to the P.O.S.T. board. The P.O.S.T. board may adopt the recommended changes.
(4)
The commission may identify and recommend an existing training curriculum appropriate for first responders who are not peace officers.
Added by 2021 Ch. 405,§1, eff. 6/30/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 10 - COMMISSION ON IMPROVING FIRST RESPONDERINTERACTIONS WITH PERSONS WITH DISABILITIES (§§ 24-31-1001 — 24-31-1007) › Section 24-31-1005 - Report

In its annual report before the house and senate committees of reference pursuant to section
2-7-203
, the department of law shall include information regarding the commission's activities. In its report during the 2023 legislative session, the department shall make a recommendation concerning whether to continue the commission.
Added by 2021 Ch. 405,§1, eff. 6/30/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 10 - COMMISSION ON IMPROVING FIRST RESPONDERINTERACTIONS WITH PERSONS WITH DISABILITIES (§§ 24-31-1001 — 24-31-1007) › Section 24-31-1006 - Funding

Notwithstanding section
24-31-310(3)
, the general assembly may appropriate money from the general fund to carry out the purposes of this part 10.
Added by 2021 Ch. 405,§1, eff. 6/30/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 10 - COMMISSION ON IMPROVING FIRST RESPONDERINTERACTIONS WITH PERSONS WITH DISABILITIES (§§ 24-31-1001 — 24-31-1007) › Section 24-31-1007 - Repeal of part

This part 10 is repealed, effective December 31, 2023.
Added by 2021 Ch. 405,§1, eff. 6/30/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 11 - FINANCIAL EMPOWERMENT FORCOLORADO RESIDENTS (§§ 24-31-1101 — 24-31-1102) › Section 24-31-1101 - Financial empowerment office - creation - director

(1)
There is hereby created in the department of law the financial empowerment office, the head of which is the director of the office. The financial empowerment office and the director of the office shall exercise their powers and perform their duties and functions under the department of law as if transferred to the department by a
type 2
transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article
1
of this title 24.
(2)
The director of the financial empowerment office shall be appointed by the attorney general. The director may hire staff as necessary to perform the duties and functions of the office. The office shall also consist of a manager who shall be appointed by the director.
Added by 2021 Ch. 315,§1, eff. 7/1/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 12 - COLORADO FALSE CLAIMS ACT (§§ 24-31-1201 — 24-31-1211) › Section 24-31-1201 - Short title

The short title of this part 12 is the "Colorado False Claims Act".
Added by 2022 Ch. 394,§2, eff. 8/10/2022.
2022 Ch. 394, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 12 - COLORADO FALSE CLAIMS ACT (§§ 24-31-1201 — 24-31-1211) › Section 24-31-1205 - False claims action procedures - limitation on action - standard of proof

(1)
A civil action pursuant to section
24-31-1204
may not be brought after the later of:
(a)
More than six years after the date on which the violation of section
24-31-1203
is committed or the date on which the last in a series of such acts or practices occurred, whichever is later; or
(b)
More than three years after the date on which facts material to the right of action are known or reasonably should have been known by the official of the state charged with responsibility to act in the circumstances, but in no event more than ten years after the date on which the violation of section
24-31-1203
was committed.
(2)
(a)
If the state elects to intervene and proceed with an action brought pursuant to section
24-31-1204
, the state may file its own complaint or amend the original complaint to:
(I)
Clarify and add detail, and add additional defendants, to the claims in which the state is intervening; and
(II)
Add any additional claims and defendants with respect to which the state contends it is entitled to relief.
(b)
For statute of limitations purposes, any pleadings by the state relate back to the filing date of the original complaint filed by a person pursuant to section
24-31-1204 (3)
, to the extent that the state's claim arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the original complaint.
(3)
In an action brought pursuant to section
24-31-1204
, the state or person who brought the action pursuant to section
24-31-1204 (3)
must prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
(4)
Notwithstanding any other provision of law, the Colorado rules of criminal procedure, or the Colorado rules of evidence, a final judgment rendered in favor of the state in a criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action that involves the same transaction as in the criminal proceeding and that is brought pursuant to section
24-31-1204
.
Added by 2022 Ch. 394, § 2, eff. 8/10/2022.
2022 Ch. 394, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 12 - COLORADO FALSE CLAIMS ACT (§§ 24-31-1201 — 24-31-1211) › Section 24-31-1206 - Jurisdiction

An action described in this part 12 may be brought in any judicial district in which the defendant or, in the case of multiple defendants, any one defendant can be found, resides, or transacts business, or in which an act proscribed by section
24-31-1203
occurred. A person bringing an action pursuant to this part 12 shall file the complaint in a district court or a federal court with jurisdiction over the action and shall not file the complaint in any other court. The appropriate district court shall issue a summons as required by the Colorado rules of civil procedure and serve the summons at any place.
Added by 2022 Ch. 394, § 2, eff. 8/10/2022.
2022 Ch. 394, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 12 - COLORADO FALSE CLAIMS ACT (§§ 24-31-1201 — 24-31-1211) › Section 24-31-1208 - Rule-making

The attorney general may promulgate rules necessary to implement this part 12.
Added by 2022 Ch. 394,§2, eff. 8/10/2022.
2022 Ch. 394, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 12 - COLORADO FALSE CLAIMS ACT (§§ 24-31-1201 — 24-31-1211) › Section 24-31-1210 - No limitations on common law authority - medicaid fraud control

Nothing in this part 12 affects, limits, or supplants the common law authority of the attorney general or the department to investigate and prosecute medicaid fraud pursuant to part 8 of this article 31.
Added by 2022 Ch. 394,§2, eff. 8/10/2022.
2022 Ch. 394, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 12 - COLORADO FALSE CLAIMS ACT (§§ 24-31-1201 — 24-31-1211) › Section 24-31-1211 - False claims act report

(1)
On or before January 15, 2024, and on or before each January 15 thereafter, the attorney general shall submit a written report to the house of representatives business affairs and labor committee, the house of representatives judiciary committee, the senate business, labor, and technology committee, and the senate judiciary committee, or their successor committees, concerning claims brought pursuant to this part 12 during the previous fiscal year. The report must include, but is not limited to:
(a)
The number of actions brought by the attorney general and the disposition of the actions;
(b)
The amount of proceeds recovered by the state through settlement or judgment in an action brought pursuant to this part 12, including:
(I)
The case number and parties for each action in which proceeds were recovered;
(II)
The amount of proceeds recovered in each case, categorized by the amount recovered as damages, penalties, and litigation costs; and
(III)
If applicable, the percentage of the proceeds recovered and the total amount awarded to a private person who brought the action.
(c)
The number of actions brought by a person other than the attorney general in which the attorney general did not intervene, whether the actions were continued by the other person, and the disposition of the actions;
(d)
The amount of proceeds, including any litigation costs and attorney fees, recovered through settlement or judgment in actions brought by a person other than the attorney general; and
(e)
The amount expended by the state for investigation and litigation of false claims pursuant to this part 12 and all other costs related to this part 12.
(2)
Notwithstanding section
24-1-136(11)(a)(I)
, the reporting requirement described in this section continues indefinitely.
Added by 2022 Ch. 394,§2, eff. 8/10/2022.
2022 Ch. 394, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 13 - ENFORCEMENT OF WORKER PROTECTION LAWS (§§ 24-31-1301 — 24-31-1303) › Section 24-31-1301 - Definitions

As used in this part 13, unless the context otherwise requires:
(1)
"Division of labor standards and statistics" means the division of labor standards and statistics in the department of labor and employment created pursuant to section
8-1-103
.
(2)
"Division of unemployment insurance" means the division of unemployment insurance in the department of labor and employment created pursuant to section
8-71-101
.
(3)
"Unit" means the worker and employee protection unit created in section
24-31-1302
.
Added by 2022 Ch. 370, § 15, eff. 8/10/2022.
2022 Ch. 370, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 13 - ENFORCEMENT OF WORKER PROTECTION LAWS (§§ 24-31-1301 — 24-31-1303) › Section 24-31-1302 - Worker and employee protection unit - creation - duties

(1)
There is created within the department of law and under the control of the office of the attorney general the worker and employee protection unit.
(2)
In addition to any other authorities granted by law, the unit has the following powers and duties:
(a)
Issue or cause to be issued civil investigative demands and subpoenas or other process in aid of investigations and prosecutions;
(b)
Administer oaths and take sworn statements under penalty of perjury; and
(c)
Serve and execute, in any county, search warrants that relate to investigations.
Added by 2022 Ch. 370,§15, eff. 8/10/2022.
2022 Ch. 370, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 13 - ENFORCEMENT OF WORKER PROTECTION LAWS (§§ 24-31-1301 — 24-31-1303) › Section 24-31-1303 - Worker misclassification - wage determinations - investigation and enforcement by the unit - coordination with department of labor and employment

(1)
(a)
The unit may investigate alleged violations of, and bring an action against an employer to enforce, section
8-72-114
, regardless of whether a complaint is filed against the employer pursuant to said section, to enforce that section if the division of unemployment insurance directly refers a finding of misclassification to the unit to pursue further remedies.
(b)
The unit may investigate and enforce an alleged misclassification that is not described in subsection (1)(a) of this section if the unit provides written notice to the division of unemployment insurance of the unit's intent to pursue a misclassification investigation and the division of unemployment insurance:
(I)
Declines to investigate the matter;
(II)
Has investigated the matter and made a formal determination; or
(III)
Fails to respond to the unit within thirty days after the date of the notice.
(2)
(a)
The unit may enforce wage determinations made by the division of labor standards and statistics pursuant to article
4
of title
8
if the division of labor standards and statistics refers the wage determination to the unit for enforcement.
(b)
If the division of labor standards and statistics has not referred a wage determination to the unit, the unit may enforce the wage determination if the unit provides written notice to the division of labor standards and statistics of the unit's intent to enforce the wage determination and the division of labor standards and statistics:
(I)
Declines to pursue enforcement of the wage determination;
(II)
Has attempted to pursue enforcement of the wage determination and has been unsuccessful in enforcing the determination in full after the later of twelve months after the determination or the conclusion of any appeals;
(III)
Fails to respond to the unit within thirty days after the date of the notice; or
(IV)
Has not initiated an investigation.
Added by 2022 Ch. 370,§15, eff. 8/10/2022.
2022 Ch. 370, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 32 - DEPARTMENT OF LOCAL AFFAIRS (§§ 24-32-101 — 24-32-3711) › Part 1 - DIVISION OF LOCAL GOVERNMENT (§§ 24-32-101 — 24-32-134) › Section 24-32-101 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
Strong local government has been a major factor in the political and economic development of the state;
(b)
The future welfare of the state depends, in large measure, on local leadership and the effectiveness of local government;
(c)
Population shifts and other economic and social trends have brought new problems to local government in growing metropolitan areas and throughout the state; and
(d)
The state has primary responsibility for strengthening local government, encouraging local initiative, and providing coordination of state services and information to assist local government in effectively meeting the needs of Colorado citizens.
(2)
The general assembly further finds and declares that:
(a)
The provision of high-speed broadband plays a critical role in enhancing local government and community development efforts;
(b)
Regional, multijurisdictional, and coordinated approaches to broadband planning are critical to achieving the efficient deployment of broadband infrastructure and technology; and
(c)
Public-private partnerships help leverage resources of both private broadband providers and local governments to achieve statewide broadband deployment.
Amended by 2021 Ch. 371,§11, eff. 6/28/2021.
L. 66: p. 120, § 1. C.R.S. 1963: § 3-22-1.
For the legislative declaration in HB 21-1289, see section 1 of chapter 371, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 32 - DEPARTMENT OF LOCAL AFFAIRS (§§ 24-32-101 — 24-32-3711) › Part 1 - DIVISION OF LOCAL GOVERNMENT (§§ 24-32-101 — 24-32-134) › Section 24-32-102 - Definitions

As used in this part 1, unless the context otherwise requires:
(1)
"Broadband facility" means any infrastructure used to deliver broadband or provide broadband.
(2)
"Community anchor institution" has the meaning set forth in section
24-37.5-902(2)
.
(3)
"Division" means the division of local government created in section
24-32-103
.
(4)
"Interconnectivity grant program" means the grant program created in section
24-32-104(7)(a)
.
(5)
"Interconnectivity grant program fund" means the fund created in section
24-32-104(7)(c)
.
(6)
"Last-mile broadband infrastructure" means broadband infrastructure that delivers an internet connection to an end user.
(7)
(a)
"Local government" means a statutory or home rule municipality, county, city and county, council of governments, or metropolitan district that lies wholly within the unincorporated part of a county.
(b)
"Local government" includes all quasi municipalities and local improvement and service districts of this state.
(8)
"Metropolitan district" has the meaning set forth in section
32-1-103(10)
.
Amended by 2021 Ch. 371,§12, eff. 6/28/2021.
L. 66: p. 120, § 2. C.R.S. 1963: § 3-22-2.
For the legislative declaration in HB 21-1289, see section 1 of chapter 371, Session Laws of Colorado 2021.