2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 3 - CREMATION (§§ 12-135-301 — 12-135-308) › Section 12-135-302 - Exceptions - safe harbor

(1)
If a crematory has acted in good faith, the crematory may rely on a signed statement from a person with the right of final disposition under section
15-19-106
that:
(a)
The person knows of no document expressing the deceased person's wishes for final disposition that qualifies to direct the final disposition under section
15-19-104
;
(b)
The person has made a reasonable effort under section
15-19-106
to contact each person with the right of final disposition and to learn each person's wishes; and
(c)
The person knows of no objections to the final disposition.
(2)
(a)
(I)
A crematory may dispose of cremains at the expense of the person with the right of final disposition one hundred eighty days after cremation if the person was given clear prior notice of this subsection (2)(a) and a reasonable opportunity to collect the cremains; the exact location of the final disposition and the costs associated with the final disposition are recorded; and the recovery of the cremains is possible. Recovery of costs is limited to a reasonable amount of the costs actually expended by the crematory.
(II)
A crematory may comply with this subsection (2)(a) by transferring the cremated remains and the records showing the funeral establishment and the deceased's name, date of birth, and next of kin for final disposition to a facility or place normally used for final disposition if the new custodian can comply with this subsection (2)(a).
(III)
If cremated remains are not claimed by the person with the right of final disposition within three years after cremation, a crematory may dispose of the remains in an unrecoverable manner by placing the remains in an ossuary or by scattering the remains in a dedicated cemetery, scattering garden, or consecrated ground used exclusively for these purposes.
(IV)
The custodian is not liable for the loss or destruction of records required to be kept by this subsection (2)(a) if the loss or destruction was not caused by the custodian's negligence.
(b)
If the deceased was cremated prior to July 1, 2003, and the crematory reasonably attempts to notify the person with the right of final disposition of the provisions of this subsection (2), the remains may be disposed of in accordance with this subsection (2), notwithstanding a failure to provide the notice of the provisions of this subsection (2) to the person with the right of final disposition prior to disposing of the remains.
(3)
(a)
This part 3 shall not apply to, nor interfere with, any custom or rite of a religious sect in the final disposition of its dead, and the members and followers of the religious sect may continue to provide memorial services for, care for, prepare, and cremate the bodies of deceased members of the religious sect if the human remains are refrigerated, frozen, or cremated within seven days after death.
(b)
If human remains are refrigerated pursuant to subsection (3)(a) of this section, the body must be cremated within thirty days after death unless the coroner authorizes otherwise in writing. The coroner shall not permit an exception to this subsection (3)(b) unless the applicant can demonstrate a legitimate delay caused by unforeseen, uncontrollable circumstances or by a criminal investigation.
Amended by 2024 Ch. 242,§ 15, eff. 5/24/2024.
Renumbered from C.R.S. §
12-54-302
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2015 Ch. 178, § 7, eff. 7/1/2015.
L. 2009: Entire part added, (HB 09 -1202), ch. 422, p. 2349, § 10, effective July 1. L. 2011: (2)(a) and (3) amended, (HB 11 - 11 78), ch. 89, p. 260, § 10, effective August 10. L. 2015: IP(1), (2)(a)(I), (2)(a)(II), (2)(a)(III), and (2)(b) amended, (SB 15-110), ch. 178, p. 581, § 7, effective July 1.
This section is similar to former § 12-54-302 as it existed prior to 2019.