§ 24-31-321 — Peace officer conduct database - definition

Colorado § 24-31-321

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Department of Law

Text

(1) The P.O.S.T.
board shall create and maintain a database in a searchable format to be published
on its website containing information related to a peace officer's:

(a) Untruthfulness;

(b) Three or more failures to follow P.O.S.T. board training requirements
within ten consecutive years;

(c) Revocation of the certification by the P.O.S.T. board, including the basis
for the revocation;

(d) Termination for cause by the peace officer's employer;

(e) Resignation or retirement while under investigation by the peace officer's
employing organization or another law enforcement agency in which the alleged
misconduct, if sustained, would more likely than not result in being entered into the
database pursuant to this section;

(f) Resignation or retirement following an incident that leads to the opening
of an investigation by the peace officer's employing organization or another law
enforcement agency in which the alleged misconduct, if sustained, would more
likely than not result in being entered into the database pursuant to this section,
within six months after the peace officer's resignation or retirement;

(g) Resignation in lieu of termination for cause;

(h) Being charged with a crime that could result in revocation or suspension
of certification pursuant to section 24-31-305 or 24-31-904. The employing
organization shall notify the P.O.S.T. board of the filing of criminal charges as soon
as practicable, in a manner prescribed in P.O.S.T. board rule.

(i) Actions as described by the applicable statutory provision identifying the
basis for the credibility disclosure notification as set forth in section 16-2.5-502
(2)(c)(I).

(2) If a law enforcement agency reports a peace officer pursuant to either
subsection (1)(e) or (1)(f) of this section, the peace officer, upon request, is entitled
to a show cause hearing with the director of the P.O.S.T. board or their designee.
The P.O.S.T. board shall obtain records from the reporting organization for the
purpose of the show cause hearing and shall provide all records provided by the
reporting organization to the appellant peace officer. Pursuant to the requirements
of this section, the records of any employing organization, or former employing
organization, that are submitted for review by the P.O.S.T. board and the appellant
peace officer for the purposes of this show cause hearing remain the property of
the reporting organization and are not subject to public release.

(3) (a) Law enforcement agencies shall report to the P.O.S.T. board the
information required in subsection (1) of this section in a format determined by the
P.O.S.T. board. The P.O.S.T. board shall not include information in the database if
the information is received from an agency that does not employ or has not
employed the peace officer who is the subject of the information. Notwithstanding
any other provision to the contrary, the P.O.S.T. board may enter reports into the
database on behalf of an organization. The head of the law enforcement agency
providing the report shall certify the accuracy of the information in the report. A
knowing or willful failure to submit the information or certification or a knowing or
willful submittal of false or inaccurate information is subject to a fine imposed by
the P.O.S.T. board. When a failure to submit the information or certification or
submittal of false or inaccurate information is determined, the P.O.S.T. board shall
refer the matter to the appropriate district attorney and request the district
attorney to conduct a criminal investigation.

(b) After receiving a notification and upon request of the P.O.S.T. board, the
law enforcement agency providing the report shall provide the P.O.S.T. board with
all documents relevant to the investigation or cause for which the officer was
placed in the database. If a law enforcement agency refuses to provide the records
pursuant to this subsection (3), the P.O.S.T. board may subpoena the records. If the
court or administrative law judge grants the subpoena, and subsequently does not
grant a motion to quash the subpoena, the court may order the law enforcement
agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the
subpoena.

(c) If the P.O.S.T. board received information regarding an incident involving
a peace officer that would require a report pursuant to subsection (1) of this section,
the organization employing the peace officer shall provide the P.O.S.T. board with
all documents relevant to the incident upon request of the P.O.S.T. board. If a law
enforcement agency refuses to provide the records pursuant to this subsection (3),
the P.O.S.T. board may subpoena the records. If the court or administrative law
judge grants the subpoena, and subsequently does not grant a motion to quash the
subpoena, the court may order the law enforcement agency to pay the P.O.S.T.
board's attorney fees, costs, and fees related to the subpoena.

(d) 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 (3) remain the property of
the reporting law enforcement agency and are not subject to public release by the
P.O.S.T. board.

(4) (a) The P.O.S.T. board shall create an appeal process for a peace officer
to appeal the officer's inclusion in the database created in this section. The appeal
must be conducted pursuant to the provisions of this section and P.O.S.T. board
rules. The P.O.S.T. board shall give consideration to an officer's whistle blower
status during the appeal. When a peace officer is added to the database, the
P.O.S.T. board shall provide the peace officer with information about how to appeal
that action on its website. If a peace officer initiates an appeal pursuant to this
subsection (4), the reporting agency shall provide the P.O.S.T. board with all
documents relevant to the discipline for which the officer was placed in the
database upon request of the P.O.S.T. board. If a law enforcement agency refuses
to provide the records pursuant to this subsection (4), the P.O.S.T. board may
subpoena the records. If the court or administrative law judge grants the subpoena,
and subsequently does not grant a motion to quash the subpoena, the court may
order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs,
and fees related to the subpoena.

(b) The records of any law enforcement agency that are submitted for review
by the P.O.S.T. board for the purposes of subsection (4)(a) of this section remain the
property of the reporting law enforcement agency and are not subject to public
release by the P.O.S.T. board.

(c) If a peace officer appeals inclusion in the database pursuant to either
subsection (1)(e) or (1)(f) of this section and the peace officer's organization
completed its investigation of the officer's conduct after the officer resigned and
the organization cleared the officer, the officer may use that determination in their
appeal.

(5) If a law enforcement agency reports information required pursuant to
subsection (1) of this section and subsequently determines the entry was in error
and informs the P.O.S.T. board of the error regardless of when the error occurred,
the P.O.S.T. board shall remove the entry from the database after the P.O.S.T. board
determines the entry was in error.

(6) For purposes of this section, untruthfulness means a peace officer
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.

Legislative History

Source: L. 2025: Entire section added, (HB 25-1136), ch. 333, p. 1724, � 2, effective May 31.