SENATE BILL 97212
BY SENATORS Wattenberg and Chlouber;
also REPRESENTATIVE Taylor.
CONCERNING THE ESTABLISHMENT OF QUALIFICATION REQUIREMENTS
FOR COUNTY SHERIFFS AS AUTHORIZED BY SECTION 8.5 OF ARTICLE XIV
OF THE COLORADO CONSTITUTION.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 3010501.5,
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is REPEALED
AND REENACTED, WITH AMENDMENTS, to read:
3010501.5. Qualifications.
(1) NO PERSON SHALL BE ELIGIBLE FOR NOMINATION, ELECTION,
OR APPOINTMENT TO THE OFFICE OF SHERIFF UNLESS SUCH PERSON:
(a) IS A CITIZEN OF THE UNITED STATES,
IS A CITIZEN OF THE STATE OF COLORADO, AND IS A RESIDENT OF THE
COUNTY TO WHICH THE PERSON IS TO BE APPOINTED OR ELECTED;
(b) POSSESSES A HIGH SCHOOL DIPLOMA OR
ITS EQUIVALENT OR A COLLEGE DEGREE;
(c) HAS HAD A COMPLETE SET OF FINGERPRINTS
TAKEN BY A QUALIFIED LAW ENFORCEMENT AGENCY AND SUBMITTED A RECEIPT
EVIDENCING SUCH FINGERPRINTING AT THE TIME OF FILING HIS OR HER
WRITTEN ACCEPTANCE PURSUANT TO SECTION 14601 (3),
14906, OR 141002 (5), C.R.S., OR A CANDIDATE
FILING AN AFFIDAVIT OF INTENT PURSUANT TO SECTION 141101,
C.R.S. SUCH LAW ENFORCEMENT AGENCY SHALL FORWARD THE FINGERPRINTS
TO THE COLORADO BUREAU OF INVESTIGATION. THE BUREAU SHALL UTILIZE
SUCH FINGERPRINTS, ITS FILES AND RECORDS, AND THOSE OF THE FEDERAL
BUREAU OF INVESTIGATION FOR THE PURPOSE OF DETERMINING WHETHER
THE PERSON HAS EVER BEEN CONVICTED OF OR PLEADED GUILTY OR ENTERED
A PLEA OF NOLO CONTENDERE TO ANY FELONY CHARGE UNDER FEDERAL OR
STATE LAWS. THE COLORADO BUREAU OF INVESTIGATION SHALL NOTIFY
THE COUNTY CLERK AND RECORDER OF THE COUNTY WHEREIN THE PERSON
IS A CANDIDATE OF THE RESULTS OF THE FINGERPRINT ANALYSIS. IN
THE EVENT THAT A CONVICTION OR PLEA IS DISCLOSED, SUCH PERSON
SHALL BE DEEMED UNQUALIFIED FOR THE OFFICE OF SHERIFF, UNLESS
PARDONED. THE RESULTS OF SUCH FINGERPRINT ANALYSIS SHALL BE CONFIDENTIAL;
EXCEPT THAT THE COUNTY CLERK AND RECORDER MAY DIVULGE WHETHER
SUCH PERSON IS QUALIFIED OR UNQUALIFIED FOR THE OFFICE OF SHERIFF.
SECTION 2. Part
5 of article 10 of title 30, Colorado Revised Statutes, 1986 Repl.
Vol., as amended, is amended BY THE ADDITION OF THE FOLLOWING
NEW SECTIONS to read:
3010501.6. Training.
(1) EVERY PERSON ELECTED OR APPOINTED TO THE OFFICE
OF SHERIFF FOR THE FIRST TIME SHALL:
(a) ATTEND A MINIMUM OF EIGHTY CLOCK HOURS
AT A NEW SHERIFF TRAINING COURSE DEVELOPED AND FACILITATED EITHER
BY THE COUNTY SHERIFFS OF COLORADO, INCORPORATED, OR ANY OTHER
TRAINING RESOURCE AGENCY APPROVED BY THE COLORADO PEACE OFFICERS
STANDARDS AND TRAINING BOARD, THE FIRST TIME SUCH TRAINING COURSE
IS GIVEN AFTER THE PERSON'S ELECTION OR APPOINTMENT. THE COLORADO
PEACE OFFICERS STANDARDS AND TRAINING BOARD SHALL HAVE DISCRETION
TO ALLOW THE SUBSTITUTION OF ANY COMBINATION OF EDUCATION, EXPERIENCE,
AND TRAINING DEEMED BY THE BOARD TO BE EQUIVALENT TO SUCH NEW
SHERIFF TRAINING COURSE.
(b) OBTAIN BASIC PEACE OFFICER CERTIFICATION
WITHIN ONE YEAR OF TAKING OFFICE. AN EXTENSION MAY BE GRANTED
BY THE COLORADO PEACE OFFICERS STANDARDS AND TRAINING BOARD OF
UP TO ONE YEAR TO OBTAIN SUCH CERTIFICATION UPON JUST CAUSE SHOWN.
THE COLORADO PEACE OFFICERS STANDARDS AND TRAINING BOARD SHALL
ISSUE WRITTEN FINDINGS OF FACT SUPPORTING SUCH AN EXTENSION.
(2) EVERY SHERIFF MUST POSSESS BASIC PEACE
OFFICER CERTIFICATION AND SHALL UNDERGO AT LEAST TWENTY CLOCK
HOURS OF INSERVICE TRAINING PROVIDED BY THE COUNTY SHERIFFS
OF COLORADO, INCORPORATED, EVERY YEAR DURING SUCH SHERIFF'S TERM.
THE COLORADO PEACE OFFICERS STANDARDS AND TRAINING BOARD SHALL
HAVE DISCRETION TO WAIVE INSERVICE TRAINING UPON PRESENTATION
OF EVIDENCE BY THE SHERIFF DEMONSTRATING JUST CAUSE FOR NONCOMPLETION
OF SUCH TRAINING. THE COLORADO PEACE OFFICERS STANDARDS AND TRAINING
BOARD SHALL HAVE DISCRETION TO ALLOW THE SUBSTITUTION OF ANY COMBINATION
OF EDUCATION, EXPERIENCE, AND TRAINING DEEMED BY THE BOARD TO
BE EQUIVALENT TO SUCH INSERVICE TRAINING OF AT LEAST TWENTY
CLOCK HOURS ANNUALLY.
(3) THE COUNTY SHALL ONLY PAY ALL REASONABLE
COSTS AND EXPENSES OF NEW SHERIFF AND INSERVICE TRAINING.
3010501.7. Enforcement.
(1) IN THE EVENT A SHERIFF FAILS TO COMPLY WITH THE
REQUIREMENTS SET FORTH IN SECTION 3010501.6, SUCH
SHERIFF'S PAY MUST BE SUSPENDED BY THE BOARD OF COUNTY COMMISSIONERS
IN ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION. SUCH SHERIFF'S
PAY SHALL BE REINSTATED WITH BACK PAY BY THE BOARD OF COUNTY COMMISSIONERS
UPON COMPLETION OF SAID REQUIREMENTS IN ACCORDANCE WITH SUBSECTION
(2) OF THIS SECTION.
(2) IN ANY CIRCUMSTANCES SET FORTH IN
SUBSECTION (1) OF THIS SECTION, THE COLORADO PEACE OFFICERS STANDARDS
AND TRAINING BOARD SHALL NOTIFY THE BOARD OF COUNTY COMMISSIONERS
OF THE SHERIFF'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF SAID
SUBSECTION (1) AND THAT STATE LAW REQUIRES THE COUNTY COMMISSIONERS
TO IMMEDIATELY SUSPEND SUCH SHERIFF'S PAY UNTIL THE REQUIREMENTS
OF SECTION 3010501.6 HAVE BEEN COMPLIED WITH. AFTER
THE SHERIFF'S COMPLIANCE WITH THE PROVISIONS OF SECTION 3010501.6,
THE COLORADO PEACE OFFICERS STANDARDS AND TRAINING BOARD SHALL
IMMEDIATELY NOTIFY THE BOARD OF COUNTY COMMISSIONERS OF THE SHERIFF'S
COMPLIANCE AND THAT STATE LAW REQUIRES THE BOARD OF COUNTY COMMISSIONERS
TO REINSTATE SUCH SHERIFF'S PAY AND PROVIDE HIM OR HER ANY BACK
PAY.
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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO