Colorado § 33-9-112 Peace officer hiring - required use of waiver - definitions

Colorado Statutes

§ 33-9-112 — Peace officer hiring - required use of waiver - definitions

Colorado § 33-9-112

Title 33Parks and

Art.Administration of Parks and Wildlife

This text of Colorado § 33-9-112 (Peace officer hiring - required use of waiver - definitions) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 33-9-112 (2026).

Text

(1)The division shall require each candidate that it interviews for a peace officer position who has been employed by another law enforcement agency or governmental agency to execute a written waiver that explicitly authorizes each law enforcement agency or governmental agency that has employed the candidate to disclose the applicant's files, including internal affairs files, to the division and releases the division and each law enforcement agency or governmental agency that employed the candidate from any liability related to the use and disclosure of the files. A law enforcement agency or governmental agency may disclose the applicant's files by either providing copies or allowing the division to review the files at the law enforcement agency's office or governmental agency's

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(1) The
division shall require each candidate that it interviews for a peace officer position
who has been employed by another law enforcement agency or governmental
agency to execute a written waiver that explicitly authorizes each law enforcement
agency or governmental agency that has employed the candidate to disclose the
applicant's files, including internal affairs files, to the division and releases the
division and each law enforcement agency or governmental agency that employed
the candidate from any liability related to the use and disclosure of the files. A law
enforcement agency or governmental agency may disclose the applicant's files by
either providing copies or allowing the division to review the files at the law
enforcement agency's office or governmental agency's office. A candidate who
refuses to execute the waiver shall not be considered for employment by the
division. The division shall, at least twenty-one days prior to making the hiring
decision, submit the waiver to each law enforcement agency or governmental
agency that has employed the candidate. A state or local law enforcement agency
or governmental agency that receives such a waiver shall provide the disclosure to
the division not more than twenty-one days after such receipt.

(2) A state or local law enforcement agency is not required to provide the
disclosures described in subsection (1) of this section if the agency is prohibited
from providing the disclosure pursuant to a binding nondisclosure agreement to
which the agency is a party, which agreement was executed before June 10, 2016.

(3) A state or local law enforcement agency or governmental agency is not
liable for complying with the provisions of this section or participating in an official
oral interview with an investigator regarding the candidate.

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

(a) Files means all performance reviews, any other files related to job
performance, administrative files, grievances, previous personnel applications,
personnel-related claims, disciplinary actions, and all complaints, early warnings,
and commendations, but does not include nonperformance or conduct-related data,
including medical files, schedules, pay and benefit information, or similar
administrative data or information.

(b) State or local law enforcement agency means:

(I) The Colorado state patrol created pursuant to section 24-33.5-201, C.R.S.;

(II) The Colorado bureau of investigation created pursuant to section 24-33.5-401, C.R.S.;

(III) A county sheriff's office;

(IV) A municipal police department;

(V) The division of parks and wildlife within the department of natural
resources created pursuant to section 24-1-124, C.R.S.; or

(VI) A town marshal's office.