This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.
Sixty-first General Assembly
LLS NO. 980905.01D JJC
SENATE BILL 98199
STATE OF COLORADO
BY SENATOR Ament;
also REPRESENTATIVE Musgrave. REREVISED
LOCAL GOVERNMENT
A BILL FOR AN ACT
CONCERNING QUALIFICATIONS FOR THE OFFICE OF SHERIFF.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
adopted.)
Adds the requirement of obtaining peace officers standards and training (P.O.S.T.) basic certification to the list of qualifications for the office of sheriff. 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 P.O.S.T. basic certification within one year after taking office as a training requirement for a sheriff. Eliminates the provision that allows the P.O.S.T. board to grant an extension of up to one year to obtain basic P.O.S.T. certification upon a showing of good cause.
Allows for removal of a sheriff deemed to be unlawfully
holding such office due to his or her inability to meet the qualifications
of the office.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. The general assembly hereby finds and declares that it is a matter of vital and statewide concern that sheriffs, as the highest law enforcement authority in their respective counties, are properly qualified and trained to discharge the duties of the office. To this end, the general assembly, pursuant to its broad powers to prescribe qualifications for office and training requirements conferred by section 8.5 of article XIV of the Colorado constitution, hereby amends and reestablishes the qualifications and training requirements for sheriffs. The general assembly specifically intends that the qualifications and training requirements set forth in this act shall be immediately effective and applicable to all persons serving as sheriffs as of July 1, 1998, and all persons thereafter elected or appointed as sheriff.
SECTION 2. 3010501.5 (1) (b), Colorado Revised Statutes, is amended, and the said 3010501.5 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
3010501.5. Qualifications. (1) No person shall be eligible for nomination, election, or appointment to the office of sheriff unless such person:
(b) Possesses a high school diploma or its equivalent or a college degree; AND
(2) (a) EVERY PERSON ELECTED OR APPOINTED TO THE OFFICE OF SHERIFF WHO DOES NOT HOLD BASIC CERTIFICATION FROM THE COLORADO PEACE OFFICERS STANDARDS AND TRAINING BOARD AS OF THE DATE OF ELECTION OR APPOINTMENT SHALL OBTAIN SAID CERTIFICATION NO LATER THAN ONE YEAR AFTER TAKING OFFICE AND SHALL MAINTAIN SAID CERTIFICATION IN GOOD STANDING THROUGHOUT HIS OR HER TENURE AS SHERIFF.
SECTION 3. 3010501.6, Colorado Revised Statutes, is amended to read:
3010501.6. Training.
(1) Every person elected or appointed to the office
of sheriff for the first time shall:
(a) SHALL 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 TRAINING OR 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.
SECTION 4. 3010501.7, Colorado Revised Statutes, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:
3010501.7. Enforcement. IN THE EVENT A SHERIFF FAILS TO COMPLY WITH THE REQUIREMENTS SET FORTH IN SECTION 30-10-501.5 (2) (a) OR 3010501.6, THE COLORADO PEACE OFFICERS STANDARDS AND TRAINING BOARD SHALL NOTIFY THE BOARD OF COUNTY COMMISSIONERS OF THE SHERIFF'S FAILURE TO COMPLY. THE COUNTY COMMISSIONERS SHALL IMMEDIATELY SUSPEND SUCH SHERIFF'S PAY UNTIL SUCH REQUIREMENTS HAVE BEEN COMPLIED WITH. AFTER THE SHERIFF'S COMPLIANCE WITH SUCH PROVISIONS 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 5. Effective date applicability. This act shall take effect July 1, 1998, and shall apply to all persons serving as sheriffs as of said date and to all persons elected or appointed as sheriff on or after said date.
SECTION 6. 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.