Colorado Legislative Council Staff

NO FISCAL IMPACT

TITLE:            CONCERNING QUALIFICATIONS FOR THE OFFICE OF SHERIFF.

Summary of Assessment

            This bill adds the requirement of obtaining peace officers standards and training (POST) basic certification to the list of qualifications for the office of sheriff. The bill also:

            •   requires that such certification be obtained within one year after taking office as sheriff and be maintained throughout the term as sheriff;

            •   eliminates the requirement of obtaining certification within one year after taking office as a training requirement for a sheriff;

            •   eliminates the provision that allows the POST board to grant an extension of up to one year to obtain certification upon a showing of good cause; and

            •   allows for removal of a sheriff deemed to be unlawfully holding such office due to the inability to meet the qualifications of the office.

            The bill will become effective July 1, 1998, and will apply to all persons serving as sheriffs on that date and to all persons elected or appointed as sheriff on or after that date. The provisions of this bill will not affect state, or local government, revenue or expenditures. Therefore, it is assessed as having no fiscal impact.

Background

            Under current law, a person elected to the office of county sheriff is required by statute to obtain basic peace officer certification within one year of taking office. The POST board may grant an extension of up to one year based upon written findings of fact to support the extension.

            This bill requires every person elected or appointed to the office of sheriff to obtain certification no later than one year after taking office, requires any person serving as sheriff as of July 1, 1998, to obtain certification not later than July 1, 1999, and stipulates that a person serving as sheriff shall be subject to removal in the event that person does not obtain the certification as specified.

            In the event a sheriff is discharged, the existing county undersheriff will temporarily assume the function as sheriff until the party vacancy committee, or the Governor, appoints a successor to the office. Any local government costs associated with these procedures, if initiated, are anticipated to be minimal.

Departments Contacted

            Law                Local Affairs