Colorado Legislative Council Staff

NO FISCAL IMPACT

TITLE:            CONCERNING A PROHIBITION AGAINST THE SELECTION OF ANY FELON AS A NEW EMPLOYEE FOR A POSITION THAT CONSTITUTES A PEACE OFFICER, LEVEL IA.

Summary of Assessment

            The bill prevents a person who has been convicted of, pleaded guilty or nolo contendre to, a felony charge from being hired as peace officer, level Ia. According to Section 18-1-901, C.R.S., this includes the several positions of: sheriff; district attorney;assistant district attorney; deputy district attorney; special deputy district attorney; attorney general of the state; deputy attorney general; deputy or assistant attorney general assigned to a criminal enforcement function in the office of the attorney general; authorized investigator of a county or district attorney, the attorney general, or the executive director of the department of public safety or the department of corrections; agent of the Colorado bureau of investigation; parole officer or community program agent; any investigator employed by the department of corrections; and any officer of the Southern Ute Indian police force or Ute Mountain Ute Indian police force.

            According to the Colorado Bureau of Investigation (CBI), anyone can submit a “name check” to the CBI for a $7 fee. A “name check”determines whether the identification of an individual is listed in the CBI database of convicted felons. However, state law enforcement agencies associated with the Department of Public Safety (DPS) use a more extensive and reliable process that can determine convictions in other states. These agencies submit fingerprints of job applicants to the Federal Bureau of Investigation (FBI) to determine the extent of the applicant’s criminal history, if any. Other state agencies that do not submit fingerprints to the FBI, such as the Department of Law and Department of Corrections, can access the Colorado Crime Information Center (CCIC), administered by the CBI, which maintains records on crimes committed in the state. Through the use of the CCIC, a state agency does not have to incur the cost of the $7 “name check” fee. Therefore, there is no fiscal impact associated with this bill.

            This bill would become effective upon the signature of the Governor.

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