Second Regular Session Sixty-sixth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 08-0170.02 Brita Darling HOUSE BILL 08-1004 HOUSE SPONSORSHIP Todd, SENATE SPONSORSHIP Penry, House Committees Senate Committees Education A BILL FOR AN ACT Concerning the authorization of law enforcement agencies to work jointly with school districts in enforcing compulsory school attendance laws. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Allows a uniformed law enforcement officer who has probable cause to believe that a child is truant to take the child into temporary custody for the purpose of returning the child to school authorities. Prohibits the officer from transporting the child to a juvenile detention facility or jail if the officer takes the child into temporary custody. Requires a school district board of education to enter into an intergovernmental agreement with a municipality or other governmental entity concerning authorization of a law enforcement agency's enforcement of compulsory school attendance laws. Repeals the authorization on a specified date. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Part 1 of article 33 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 22-33-107.7. Return of truant child to school - law enforcement - repeal. (1) Subject to the provisions of subsection (2) of this section, a uniformed law enforcement officer may take a child into temporary custody without order of the court when there is probable cause to believe that the child is truant from school in violation of section 22-33-104. In such case, the law enforcement officer is authorized to return the child to school authorities. (2) (a) A law enforcement officer may not take a child into temporary custody pursuant to subsection (1) of this section unless the board of education of the school district in which the child is enrolled and a municipality or other affected governmental entity have entered into an intergovernmental agreement regarding the enforcement of compulsory school attendance laws by a law enforcement agency. (b) For each municipality or other affected governmental entity, the intergovernmental agreement shall be executed by: (I) The city council or town board, for a municipality; (II) The sheriff, for a county; or (III) The authorized elected official or body of elected officials, for a city and county. (c) At a minimum, the intergovernmental agreement shall include provisions concerning the following: (I) The person or entity responsible for notifying a child's parent or legal guardian that the child has been taken into temporary custody for the purpose of returning the child to school authorities, and the method of the notification; (II) The procedures a law enforcement officer shall follow with respect to any container in the possession of the child while the child is being transported; (III) The location to which a child shall be returned; (IV) The actions the school shall take to determine why the child was truant and the interventions that shall be used to remediate any problems; and (V) The requirement that the parties to the intergovernmental agreement shall keep statistics regarding the enforcement of the truancy laws by law enforcement officers, that the statistics shall be accumulated at least annually, and the method by which members of the public may access the statistics. (3) Entities that enter into an intergovernmental agreement pursuant to this section shall file a copy of the intergovernmental agreement with the department of education to be made available for public review. (4) A child taken into temporary custody pursuant to this section shall not be placed into a juvenile detention facility or jail; except that the child may be placed into a juvenile detention facility pursuant to a court order entered pursuant to section 22-33-108. (5) This section is repealed, effective July 1, 2013. SECTION 2. 19-3-401 (1), Colorado Revised Statutes, is amended to read: 19-3-401. Taking children into custody. (1) A child may be taken into temporary custody by a law enforcement officer without order of the court: (a) When the child is abandoned, lost, or seriously endangered in such the child's surroundings or seriously endangers others and immediate removal appears to be necessary for such the child's protection or the protection of others; (b) When there are reasonable grounds to believe that such the child has run away or escaped from such the child's parents, guardian, or legal custodian and the child's parents, guardian, or legal custodian has not made a report to a law enforcement agency that the child has run away from home; or (c) When an arrest warrant has been issued for such the child's parent or guardian on the basis of an alleged violation of section 18-3-304, C.R.S. No child taken into temporary custody pursuant to this paragraph (c) shall be placed in detention or jail; or (d) When the law enforcement officer has probable cause to believe that the child is truant from school in violation of section 22-33-104, C.R.S., and the law enforcement officer is acting pursuant to the provisions of section 22-33-107.7, C.R.S. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.