§ 24-33.5-416.5 — Blue alert program - definitions - rules

Colorado § 24-33.5-416.5

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Public Safety

Text

(1) The general
assembly hereby finds that:

(a) A person who kills or inflicts a life-threatening injury upon a peace officer
poses a serious and imminent threat to the safety of the public;

(b) When a person kills or inflicts a life-threatening injury upon peace officer,
the first few hours after the act are critically important to apprehending the person;
and

(c) It is therefore necessary to create an alert system to facilitate the
immediate apprehension of such persons by law enforcement agencies of the state.

(2) As used in this section, unless the context otherwise requires:

(a) Blue alert means an alert issued by the bureau pursuant to the
provisions of this section.

(b) Designated broadcaster means a broadcaster that is designated by
rules promulgated pursuant to paragraph (e) of subsection (4) of this section to
receive and broadcast a blue alert.

(c) Notification period means the period of time established by rules
promulgated pursuant to paragraph (c) of subsection (4) of this section, during
which time a blue alert shall remain effective unless it is canceled by the bureau as
described in paragraph (g) of subsection (3) of this section.

(d) Peace officer means:

(I) Any peace officer described by the provisions of part 1 of article 2.5 of
title 16, C.R.S.; and

(II) A federal law enforcement officer who is authorized to carry a firearm
and make arrests for violations of federal law.

(e) Program means the blue alert program created pursuant to paragraph
(a) of subsection (3) of this section.

(3) (a) To facilitate the immediate apprehension of persons who kill or inflict
life-threatening injuries upon peace officers, there is hereby created the blue alert
program to be implemented by the bureau on and after January 1, 2012. The
program shall be a coordinated effort among the bureau, law enforcement
agencies, and the state's public and commercial television and radio broadcasters.

(b) Using procedures established by rules promulgated pursuant to
subsection (4) of this section, a law enforcement agency may notify the bureau
after verifying that a peace officer has been killed or has received a life-threatening
injury and the suspect or suspects have fled the scene of the offense.

(c) Upon receipt of a notice from a law enforcement agency that a peace
officer has been killed or has received a life-threatening injury and the suspect or
suspects have fled the scene of the offense, the bureau, using procedures
established by rules promulgated pursuant to subsection (4) of this section, shall
confirm the accuracy of the information and issue a blue alert.

(d) The bureau shall send the blue alert, including the notification period
associated with the blue alert, to each designated broadcaster to be broadcast at
designated intervals as specified in rules promulgated pursuant to subsection (4) of
this section.

(e) A blue alert shall include:

(I) All appropriate information that the reporting law enforcement agency
has that may assist in the apprehension of the suspect or suspects;

(II) A statement instructing anyone with information related to the killing or
injuring of the peace officer to contact his or her local law enforcement agency; and

(III) A warning that the suspect or suspects are dangerous and that members
of the public should not attempt to apprehend the suspect or suspects themselves.

(f) A federal, state, or local law enforcement agency that locates or
apprehends the suspect or suspects shall notify the bureau as soon as practicable
of such fact.

(g) A blue alert shall be canceled when the bureau notifies the designated
broadcaster that the suspect or suspects have been apprehended or at the end of
the notification period, whichever occurs first.

(4) On or before November 1, 2011, the executive director of the department
of public safety shall promulgate rules in accordance with the State
Administrative Procedure Act, article 4 of this title, for the implementation of the
program. The rules shall include, but need not be limited to:

(a) Procedures for a law enforcement agency to use to notify the bureau that
a peace officer has been killed or has received a life-threatening injury and the
suspect or suspects have fled the scene of the offense;

(b) Procedures for the bureau to follow in confirming the reporting law
enforcement agency's information and reporting the information to each
designated broadcaster;

(c) The establishment of a notification period to be used for each blue alert;

(d) The intervals at which designated broadcasters shall issue a blue alert;
and

(e) A list of designated broadcasters who have volunteered to participate in
the broadcasting of blue alerts.

Legislative History

Source: L. 2011: Entire section added, (HB 11-1036), ch. 24, p. 60, � 1, effective March 17.