Peace Officers

C.R.S. tit. 16, art. 2.5
in effect

C.R.S. § 16-2.5-101 Peace officer - description - general authority

16-2.5-101. Peace officer - description - general authority. (1) A person who is included within the provisions of this article and who meets all standards imposed by law on a peace officer is a peace officer, and, notwithstanding any other provision of law, no person other than a person designated in this article is a peace officer. A peace officer may be certified by the peace officers standards and training board pursuant to part 3 of article 31 of title 24, C.R.S., and, at a minimum, has the authority to enforce all laws of the state of Colorado while acting within the scope of his or her authority and in the performance of his or her duties, unless otherwise limited within this part 1. (2) (a) A peace officer certified by the peace officers standards and training board shall have the authority to carry firearms at all times, concealed or otherwise, subject to the written firearms policy created by the agency employing the peace officer. All other peace officers shall have the authority to carry firearms, concealed or otherwise, while engaged in the performance of their duties or as otherwise authorized by the written policy of the agency employing the officer. (b) (I) A law enforcement agency may amend its written firearms policy, or use an existing policy, authorizing the possession of a firearm by an eligible immigrant, as defined in section 24-31-320 (2). A firearms policy must comply with any federal law or regulation promulgated by the United States department of justice, bureau of alcohol, tobacco, firearms, and explosives, or any successor agency, governing possession of a firearm and any related exceptions. (II) An eligible immigrant may enroll in a training academy, as defined in section 24-31-301 (6), if the eligible immigrant is employed by a law enforcement agency and the agency's written firearms policy authorizes the eligible immigrant to possess and use a firearm at the academy, and permits transporting, storing, cleaning, and maintaining the firearm outside of instructional hours, as appropriate. (III) The law enforcement agency that employs the eligible immigrant shall notify the P.O.S.T. board, in a manner determined by board rule pursuant to section 24-31-320 (1), that the eligible immigrant is compliant with the agency's written firearms policy while attending a training academy. (3) As used in every statute, unless the context otherwise requires, "law enforcement officer" means a peace officer.

C.R.S. § 16-2.5-102 Certified peace officer - P.O.S.T. certification required

16-2.5-102. Certified peace officer - P.O.S.T. certification required. The following peace officers shall meet all the standards imposed by law on a peace officer and shall be certified by the peace officers standards and training board, referred to in this article as the "P.O.S.T. board": A chief of police; a police officer; a sheriff; an undersheriff; a deputy sheriff; a Colorado state patrol officer; a town marshal; a deputy town marshal; a reserve police officer; a reserve deputy sheriff; a reserve deputy town marshal; a police officer or reserve police officer employed by a state institution of higher education; a Colorado wildlife officer; a Colorado parks and recreation officer; a Colorado police administrator or police officer employed by the Colorado mental health institute at Pueblo; an attorney general criminal investigator; a community parole officer; a public transit officer; a municipal court marshal; and the department of corrections inspector general.

C.R.S. § 16-2.5-103 Sheriff - undersheriff - certified deputy sheriff - noncertified deputy sheriff

16-2.5-103. Sheriff - undersheriff - certified deputy sheriff - noncertified deputy sheriff. (1) A sheriff, an undersheriff, and a deputy sheriff are peace officers whose authority shall include the enforcement of all laws of the state of Colorado. A sheriff shall be certified by the P.O.S.T. board pursuant to section 30-10-501.6, C.R.S. An undersheriff and a deputy sheriff shall be certified by the P.O.S.T. board. (2) A noncertified deputy sheriff or detention officer is a peace officer employed by a county or city and county whose authority is limited to the duties assigned by and while working under the direction of the chief of police, sheriff, an official who has the duties of a sheriff in a city and county, or chief executive of the employing law enforcement agency.

C.R.S. § 16-2.5-104 Coroner

16-2.5-104. Coroner. A coroner is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to part 6 of article 10 of title 30, C.R.S.

C.R.S. § 16-2.5-105 Police officer

16-2.5-105. Police officer. A police officer, including a chief of police employed by a municipality, is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who shall be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-106 Southern Ute Indian police officer

16-2.5-106. Southern Ute Indian police officer. A Southern Ute Indian police officer is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-107 Ute Mountain Ute Indian police officer

16-2.5-107. Ute Mountain Ute Indian police officer. A Ute Mountain Ute Indian police officer is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-108 Town marshal - deputy

16-2.5-108. Town marshal - deputy. A town marshal or deputy town marshal is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who shall be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-109 Fire arson investigator

16-2.5-109. Fire arson investigator. A fire arson investigator authorized by a unit of local government is a peace officer while engaged in the performance of his or her duties whose authority shall be limited to the enforcement of arson and related laws and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-110 Reserve police officer - reserve deputy sheriff - reserve deputy town marshal - definitions

16-2.5-110. Reserve police officer - reserve deputy sheriff - reserve deputy town marshal - definitions. (1) (a) A reserve police officer, a reserve deputy sheriff, and a reserve deputy town marshal are reserve officers. (b) "Reserve officer" means a person authorized by a city, city and county, town, county, or state institution of higher education within this state to act as a reserve police officer, reserve deputy sheriff, or reserve town marshal for certain specific and limited periods of time while the person is authorized to be on duty and acting at the express direction or under the direct supervision of a fully P.O.S.T.-certified peace officer pursuant to section 16-2.5-103, 16-2.5-105, 16-2.5-108, or 16-2.5-120. A reserve officer is a peace officer while engaged in the performance of his or her duties whose authority shall be limited to the authority granted by his or her authorizing agency. (c) A reserve officer: (I) Shall obtain reserve certification by the P.O.S.T. board as a reserve officer; or (II) May be a fully P.O.S.T.-certified peace officer serving as a volunteer and may be granted full peace officer status and authority at the discretion of the appointing authority. (2) A city, city and county, town, county, or state institution of higher education assigning duties to a reserve officer beyond those duties included in the P.O.S.T. board training shall assume the responsibility for ensuring that the reserve officer is adequately trained for the duties. Any expenses associated with the additional training shall be authorized by the city, city and county, town, county, or state institution of higher education. If the jurisdiction allows or requires the reserve officer to carry or use a firearm while on duty, the reserve officer shall be certified for firearms proficiency with the same frequency and subject to the same requirements as a P.O.S.T.-certified peace officer in the jurisdiction. A reserve officer who does not comply with the training requirements set forth in this subsection (2) is not authorized to enforce the laws of the state of Colorado. (3) (Deleted by amendment, L. 2007, p. 121, § 1, effective August 3, 2007.) (3.5) If a police chief, sheriff, or town marshal determines that a reserve officer has been adequately trained to perform a law-enforcement function that the police chief, sheriff, or town marshal is required to perform, the police chief, sheriff, or town marshal may allow the reserve officer to perform the function either in uniform or in civilian clothes, whichever is appropriate. (4) When performing extradition duties, the reserve officer shall be accompanied by a P.O.S.T.-certified officer. (5) A reserve officer may be compensated for his or her time during a declared emergency or during a time of special need. In all other circumstances, a reserve officer shall serve without compensation, but may be reimbursed at the discretion of the city, city and county, town, county, or state institution of higher education benefitting from the services of the reserve officer for any authorized out-of-pocket expenses incurred in the course of his or her duties. The city, city and county, town, county, or state institution of higher education shall pay the cost of workers' compensation benefits for injuries incurred by a reserve officer while on duty and while acting within the scope of his or her assigned duties. A reserve officer is an authorized volunteer for purposes of article 10 of title 24, C.R.S. (6) For the purposes of this section: (a) "Direct supervision" means an assignment given by a fully P.O.S.T.-certified peace officer to a reserve officer, which assignment is carried out in the personal presence of, or in direct radio or telephone contact with, and under the immediate control of, the fully P.O.S.T.-certified peace officer. volunteer for purposes of article 10 of title 24, C.R.S. (6) For the purposes of this section: (a) "Direct supervision" means an assignment given by a fully P.O.S.T.-certified peace officer to a reserve officer, which assignment is carried out in the personal presence of, or in direct radio or telephone contact with, and under the immediate control of, the fully P.O.S.T.-certified peace officer. (b) "Express direction" means a defined, task-specific assignment given by a fully P.O.S.T.-certified peace officer to a reserve officer. The fully P.O.S.T.-certified peace officer need not be present while the reserve officer carries out the assignment. (7) For the purposes of this section, a person serving as a citizen auxiliary is not a peace officer and the P.O.S.T. board shall not require the person to be certified.

C.R.S. § 16-2.5-111 Executive director of the department of public safety - deputy executive director of the department of public safety - director of the division of criminal justice in the department of public safety

16-2.5-111. Executive director of the department of public safety - deputy executive director of the department of public safety - director of the division of criminal justice in the department of public safety. The executive director and deputy executive director of the department of public safety and the director of the division of criminal justice in the department of public safety are peace officers whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-112 Director of the division of homeland security and emergency management

16-2.5-112. Director of the division of homeland security and emergency management. The director of the division of homeland security and emergency management in the department of public safety is a peace officer whose authority includes the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-112.5 Manager of the office of prevention and security within the division of homeland security and emergency management

16-2.5-112.5. Manager of the office of prevention and security within the division of homeland security and emergency management. The manager of the office of prevention and security within the division of homeland security and emergency management in the department of public safety is a peace officer whose authority includes the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-113 Colorado bureau of investigation director - agent

16-2.5-113. Colorado bureau of investigation director - agent. A director of the Colorado bureau of investigation is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board. A Colorado bureau of investigation agent is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado pursuant to section 24-33.5-409, C.R.S., and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-114 Colorado state patrol officer

16-2.5-114. Colorado state patrol officer. A Colorado state patrol officer is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado pursuant to section 24-33.5-212, C.R.S., and who shall be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-115 Port of entry officer

16-2.5-115. Port of entry officer. A port of entry officer is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to section 42-8-104, C.R.S.

C.R.S. § 16-2.5-116 Colorado wildlife officer - special wildlife officer

16-2.5-116. Colorado wildlife officer - special wildlife officer. (1) A Colorado wildlife officer employed by the Colorado division of parks and wildlife in the department of natural resources is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado pursuant to section 33-1-102 (4.3), C.R.S., and who shall be certified by the P.O.S.T. board. Each Colorado wildlife officer shall be required to complete a minimum of forty hours of continuing law enforcement education per calendar year, or such number of hours as may otherwise be required by law. (2) A special wildlife officer is a peace officer whose authority is limited as defined by the director of the division of parks and wildlife pursuant to section 33-1-110 (5), C.R.S.

C.R.S. § 16-2.5-117 Colorado parks and recreation officer - special parks and recreation officer

16-2.5-117. Colorado parks and recreation officer - special parks and recreation officer. (1) A Colorado parks and recreation officer employed by the Colorado division of parks and wildlife in the department of natural resources is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado pursuant to section 33-10-102 (17), C.R.S., and who shall be certified by the P.O.S.T. board. Each Colorado parks and recreation officer shall be required to complete a minimum of forty hours of continuing law enforcement education per calendar year, or such number of hours as may otherwise be required by law. (2) A special parks and recreation officer is a peace officer whose authority is limited as defined by the director of the division of parks and wildlife pursuant to section 33-10-109 (1)(f), C.R.S.

C.R.S. § 16-2.5-118 Commissioner of agriculture

16-2.5-118. Commissioner of agriculture. The commissioner of agriculture or his or her designee is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to sections 35-36-103 and 35-36-312 of the "Commodity Handler and Farm Products Act"; the "Animal Protection Act", section 35-42-107 (4); and the "Pet Animal Care and Facilities Act", section 35-80-109 (6).

C.R.S. § 16-2.5-119 State brand inspector

16-2.5-119. State brand inspector. A state brand inspector is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to section 35-53-128, C.R.S.

C.R.S. § 16-2.5-120 Colorado state higher education security officer

16-2.5-120. Colorado state higher education security officer. A Colorado state higher education security officer employed by a state institution of higher education pursuant to sections 24-7-101 to 24-7-106, C.R.S., is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-121 Executive director of the department of revenue - senior director of enforcement for the department of revenue

16-2.5-121. Executive director of the department of revenue - senior director of enforcement for the department of revenue. The executive director and the senior director of enforcement of the department of revenue are peace officers while engaged in the performance of their duties whose authority includes the enforcement of laws and rules regarding automobile dealers pursuant to section 44-20-105 (3), the lottery pursuant to sections 44-40-106 (3) and 44-40-107 (8), medical marijuana pursuant to article 10 of title 44, limited gaming pursuant to article 30 of title 44, liquor pursuant to section 44-3-905 (1), and racing events pursuant to section 44-32-203 (1), and the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-122 Auto industry investigator

16-2.5-122. Auto industry investigator. The director of the auto industry division or an auto industry investigator is a peace officer while engaged in the performance of his or her duties whose authority is limited to the enforcement of section 44-20-105 (3).

C.R.S. § 16-2.5-122.5 Motor vehicle criminal investigator

16-2.5-122.5. Motor vehicle criminal investigator. A motor vehicle criminal investigator employed by the department of revenue is a peace officer while engaged in the performance of the investigator's duties and whose primary authority is as stated in section 42-1-222, and whose authority also includes the enforcement of all of the laws of the state of Colorado, and who shall be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-123 Director of the division of gaming - gaming investigator

16-2.5-123. Director of the division of gaming - gaming investigator. The director of the division of gaming in the department of revenue or a gaming investigator in the department of revenue is a peace officer while engaged in the performance of his or her duties whose primary authority shall be as stated in section 44-30-204 and shall also include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-123.5 Criminal tax enforcement special agent

16-2.5-123.5. Criminal tax enforcement special agent. A criminal tax enforcement special agent employed by the department of revenue is a peace officer while engaged in the performance of the investigator's duties and while acting under proper orders or rules, whose primary authority is the enforcement of section 39-21-118, and also includes the enforcement of all of the laws of the state of Colorado, and who shall be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-124 Liquor enforcement investigator

16-2.5-124. Liquor enforcement investigator. A liquor enforcement investigator is a peace officer while engaged in the performance of his or her duties and while acting under proper orders or regulations whose primary authority shall be as stated in sections 44-3-905 (1) and 44-7-104 and shall also include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-124.5 Director of marijuana enforcement and marijuana enforcement investigator

16-2.5-124.5. Director of marijuana enforcement and marijuana enforcement investigator. The director of the marijuana enforcement division or a marijuana enforcement investigator is a peace officer while engaged in the performance of his or her duties and while acting under proper orders or rules pursuant to article 10 of title 44, and shall also include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-125 State lottery investigator

16-2.5-125. State lottery investigator. A state lottery investigator is a peace officer while engaged in the performance of his or her duties whose primary authority shall be as stated in sections 44-40-106 (3) and 44-40-107 (8) and shall also include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-126 Director of racing events - racing events supervisor - racing events investigator

16-2.5-126. Director of racing events - racing events supervisor - racing events investigator. The director of racing events, a racing events supervisor, and a racing events investigator are peace officers while engaged in the performance of their duties whose primary authority shall be as stated in section 44-32-203 (1) and shall also include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-127 State student loan investigator

16-2.5-127. State student loan investigator. A state student loan investigator is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to section 23-3.1-104 (2)(q), C.R.S.

C.R.S. § 16-2.5-128 Colorado attorney general - chief deputy attorney general - solicitor general - assistant solicitor general - deputy attorney general - assistant attorney general of criminal enforcement - assistant attorney general and employee as designated

16-2.5-128. Colorado attorney general - chief deputy attorney general - solicitor general - assistant solicitor general - deputy attorney general - assistant attorney general of criminal enforcement - assistant attorney general and employee as designated. The attorney general, chief deputy attorney general, solicitor general, assistant solicitors general, deputy attorneys general, assistant attorneys general of criminal enforcement, and certain other assistant attorneys general and employees of the department of law who are designated by the attorney general are peace officers whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-129 Attorney general criminal investigator

16-2.5-129. Attorney general criminal investigator. An attorney general criminal investigator is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who shall be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-130 P.O.S.T. director - P.O.S.T. board investigator

16-2.5-130. P.O.S.T. director - P.O.S.T. board investigator. The director of the P.O.S.T. board and a P.O.S.T. board investigator are peace officers while engaged in the performance of their duties whose primary authority shall include the enforcement of laws and rules pertaining to the training and certification of peace officers and shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-131 Chief security officer for the general assembly

16-2.5-131. Chief security officer for the general assembly. The chief security officer for the general assembly is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to section 2-2-402, C.R.S.

C.R.S. § 16-2.5-132 District attorney - assistant district attorney - chief deputy district attorney - deputy district attorney - special deputy district attorney - special prosecutor

16-2.5-132. District attorney - assistant district attorney - chief deputy district attorney - deputy district attorney - special deputy district attorney - special prosecutor. A district attorney, an assistant district attorney, a chief deputy district attorney, a deputy district attorney, a special deputy district attorney, and a special prosecutor are peace officers whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-133 District attorney chief investigator - district attorney investigator

16-2.5-133. District attorney chief investigator - district attorney investigator. A district attorney chief investigator and a district attorney investigator are peace officers whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-134 Department of corrections inspector general - department of corrections investigator

16-2.5-134. Department of corrections inspector general - department of corrections investigator. The department of corrections inspector general and a department of corrections investigator are peace officers whose authority shall be pursuant to section 17-1-103.8, C.R.S., and whose authority shall include the enforcement of all the laws of the state of Colorado. A department of corrections investigator may be certified by the P.O.S.T. board. The inspector general shall be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-135 Executive director of the department of corrections - warden - corrections officer

16-2.5-135. Executive director of the department of corrections - warden - corrections officer. The executive director of the department of corrections, a warden, a corrections officer employed by the department of corrections, or other department of corrections employee assigned by the executive director, is a peace officer while engaged in the performance of his or her duties pursuant to title 17, C.R.S., whose primary authority is the supervision of persons in the custody or confinement of the department of corrections and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-136 Community parole officer

16-2.5-136. Community parole officer. A community parole officer employed by the department of corrections is responsible for supervising offenders in the community and supporting the division of adult parole in providing assistance to parolees to secure employment, housing, and other services to support their successful reintegration into the community while recognizing the need for public safety. A community parole officer is a peace officer whose authority shall be pursuant to section 17-27-105.5, C.R.S., and whose authority shall include the enforcement of all laws of the state of Colorado, and who shall be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-137 Adult probation officer

16-2.5-137. Adult probation officer. An adult probation officer is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to part 2 of article 11 of this title.

C.R.S. § 16-2.5-138 Juvenile probation officer - juvenile parole officer

16-2.5-138. Juvenile probation officer - juvenile parole officer. A juvenile probation officer and a juvenile parole officer are peace officers while engaged in the performance of their duties. The authority of a juvenile probation officer and a juvenile parole officer is limited pursuant to sections 19-2.5-1107 and 19-2.5-1204.

C.R.S. § 16-2.5-139 Police administrator - police officer employed by the Colorado mental health institute at Pueblo

16-2.5-139. Police administrator - police officer employed by the Colorado mental health institute at Pueblo. A police administrator and a police officer employed by the Colorado mental health institute at Pueblo are peace officers whose authority shall include the enforcement of all laws of the state of Colorado pursuant to article 7 of title 24, C.R.S., and who shall be certified by the P.O.S.T. board. Each police administrator or police officer employed by the Colorado mental health institute at Pueblo shall complete a minimum of forty hours of continuing law enforcement education per calendar year, or such number of hours as may otherwise be required by law.

C.R.S. § 16-2.5-140 Correctional security officer employed by the Colorado mental health institute at Pueblo

16-2.5-140. Correctional security officer employed by the Colorado mental health institute at Pueblo. A correctional security officer employed by the Colorado mental health institute at Pueblo is a peace officer while engaged in the performance of his or her duties as provided in article 7 of title 24, C.R.S., and whose authority shall include the enforcement of all laws of the state of Colorado, and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-141 Colorado state security guard

16-2.5-141. Colorado state security guard. A Colorado state security guard is a peace officer while engaged in the performance of his or her duties pursuant to article 7 of title 24, C.R.S., whose authority shall be limited to the scope and authority of his or her assigned duties and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-142 Railroad peace officer

16-2.5-142. Railroad peace officer. A railroad peace officer is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to section 40-32-104.5, C.R.S., and who may be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-143 Public utilities commission member

16-2.5-143. Public utilities commission member. A public utilities commission member is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to articles 1 to 17 of title 40, C.R.S.

C.R.S. § 16-2.5-144 Colorado National Guardsman

16-2.5-144. Colorado National Guardsman. A Colorado National Guardsman is a peace officer while acting under call of the governor in cases of emergency or civil disorder. His or her authority shall be limited to the period of call-up specified by the governor and shall be exercised only if the executive order of the governor calling the National Guard to state duty specifies that enforcement of the laws of the state of Colorado is a purpose for the call-up.

C.R.S. § 16-2.5-145 Municipal court marshal

16-2.5-145. Municipal court marshal. A municipal court marshal who is employed by a municipality and is specifically designated a peace officer by the municipality is a peace officer while engaged in the performance of his or her duties. The authority of such a municipal court marshal shall be limited to providing security for the municipal court, transporting, detaining, and maintaining control over prisoners, executing all arrest warrants within the municipal court and its grounds, executing municipal court arrest warrants within the municipal limits, and serving legal process issued by the municipal court within the municipal limits. A municipal court marshal shall be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-146 Public transit officer - definitions

16-2.5-146. Public transit officer - definitions. (1) A public transit officer who is employed by a public transportation entity and is specifically designated a peace officer by the public transportation entity is a peace officer while engaged in the performance of his or her duties in accordance with any policies and procedures adopted by the public transportation entity. A public transit officer's authority includes the enforcement of all laws of the state of Colorado. A public transit officer shall be certified by the P.O.S.T. board. (2) As used in this section, "public transportation entity" means a mass transit district, a mass transit authority, or any public entity authorized under the laws of this state to provide mass transportation services to the general public.

C.R.S. § 16-2.5-147 Federal special agents

16-2.5-147. Federal special agents. (1) A special agent of the federal bureau of investigation or the United States bureau of alcohol, tobacco, firearms, and explosives, a deputy or special deputy United States marshal, or an officer of the federal protective service of the United States department of homeland security immigration and customs enforcement, in any jurisdiction within the state of Colorado, is a peace officer whose authority is limited as provided in this section. The special agent, deputy or special deputy, or officer is authorized to act in the following circumstances: (a) The special agent, deputy or special deputy, or officer is: (I) Responding to a nonfederal felony or misdemeanor that has been committed in the presence of the special agent, deputy or special deputy, or officer; (II) Responding to an emergency situation in which the special agent, deputy or special deputy, or officer has probable cause to believe that a nonfederal felony or misdemeanor involving injury or threat of injury to a person or property has been, or is being, committed and immediate action is required to prevent escape, serious bodily injury, or destruction of property; (III) Rendering assistance at the request of a Colorado peace officer; or (IV) Effecting an arrest or providing assistance as part of a bona fide task force or joint investigation with Colorado peace officers; and (b) The agent, deputy or special deputy, or officer acts in accordance with the rules and regulations of his or her employing agency. (2) A special agent of the federal bureau of investigation or the United States bureau of alcohol, tobacco, firearms, and explosives, a deputy or special deputy United States marshal, or an officer of the federal protective service of the United States department of homeland security immigration and customs enforcement is a person who is employed by the United States government, assigned to the federal bureau of investigation, the United States bureau of alcohol, tobacco, firearms, and explosives, the United States marshal service, or the federal protective service of the United States department of homeland security immigration and customs enforcement, empowered to effect an arrest with or without a warrant for violations of the United States code, and authorized to carry a firearm and use deadly force in the performance of the special agent's, deputy's or special deputy's, or officer's official duties as a federal law enforcement officer. (3) Upon effecting an arrest under the authority of this section, a special agent of the federal bureau of investigation or the United States bureau of alcohol, tobacco, firearms, and explosives, a deputy or special deputy United States marshal, or an officer of the federal protective service of the United States department of homeland security immigration and customs enforcement shall immediately surrender custody of the arrested individual to a Colorado peace officer. (4) This section does not impose liability on or require indemnification or create a waiver of sovereign immunity by the state of Colorado for any action performed under this section by a special agent of the federal bureau of investigation or the United States bureau of alcohol, tobacco, firearms, and explosives, a deputy or special deputy United States marshal, or an officer of the federal protective service of the United States department of homeland security immigration and customs enforcement. (5) Nothing in this section shall be construed to expand the authority of federal law enforcement officers to initiate or conduct an independent investigation into violations of Colorado law.

C.R.S. § 16-2.5-148 Colorado state higher education police officer

16-2.5-148. Colorado state higher education police officer. A Colorado state higher education police officer employed by a state institution of higher education pursuant to article 7.5 of title 24, C.R.S., is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who shall be certified by the P.O.S.T. board.

C.R.S. § 16-2.5-149 City attorney - town attorney - senior assistant city attorney - assistant city attorney - chief deputy city attorney - deputy city attorney - special deputy city attorney - prosecuting attorney - senior prosecuting attorney - senior prosecutor - special prosecutor

16-2.5-149. City attorney - town attorney - senior assistant city attorney - assistant city attorney - chief deputy city attorney - deputy city attorney - special deputy city attorney - prosecuting attorney - senior prosecuting attorney - senior prosecutor - special prosecutor. (1) A city attorney, town attorney, senior assistant city attorney, assistant city attorney, chief deputy city attorney, deputy city attorney, special deputy city attorney, prosecuting attorney, senior prosecuting attorney, senior prosecutor, or special prosecutor employed or contracted by a municipality, city, town, statutory city or town, or city and county is a peace officer only while engaged in the performance of his or her duties as a prosecutor. Such peace officer's authority shall include the enforcement of all laws of the municipality, city, town, statutory city or town, or city and county and the state of Colorado, and the peace officer may be certified by the P.O.S.T. board. (2) Notwithstanding the provisions of subsection (1) of this section, the peace officer status conferred by subsection (1) of this section shall not be available to an attorney specified in subsection (1) of this section who chooses to practice as a criminal defense attorney in the state of Colorado while also working as a prosecuting attorney or an attorney who contracts with a municipality, city, town, statutory city or town, or city and county, local government to serve as a city attorney, town attorney, senior assistant city attorney, assistant city attorney, chief deputy city attorney, deputy city attorney, special deputy city attorney, prosecuting attorney, senior prosecuting attorney, senior prosecutor, or special prosecutor on a less than a full-time basis.

C.R.S. § 16-2.5-150 Fort Carson police officers

16-2.5-150. Fort Carson police officers. A Fort Carson police officer is a peace officer while engaged in the performance of his or her duties. Fort Carson police officers are employed by the Fort Carson police, a federal civilian law enforcement agency within the state of Colorado. A Fort Carson police officer's authority includes enforcing all the laws of the constitution of the United States, the United States code, the "Uniform Code of Military Justice", 10 U.S.C. chapter 47, and the laws of the state of Colorado within the jurisdiction and properties of Fort Carson and the Piñon Canyon maneuver site, including all fixed and mobile properties of Fort Carson and the Piñon Canyon maneuver site. A Fort Carson police officer may be P.O.S.T.-certified.

C.R.S. § 16-2.5-151 Federal secret service agents

16-2.5-151. Federal secret service agents. (1) A special agent, uniform division officer, physical security technician, physical security specialist, or special officer of the United States secret service, referred to in this section as a "secret service agent", in any jurisdiction within the state of Colorado, is a peace officer whose authority is limited as provided in this section. The secret service agent is a peace officer in the following circumstances: (a) (I) Responding to a nonfederal felony or misdemeanor that has been committed in his or her presence; (II) Responding to an emergency situation in which he or she has probable cause to believe that a nonfederal felony or misdemeanor involving injury or threat of injury to a person or property has been, or is being, committed and immediate action is required to prevent escape, serious bodily injury, or destruction of property; (III) Rendering assistance at the request of a Colorado peace officer; or (IV) Effecting an arrest or providing assistance as part of a bona fide task force or joint investigation with Colorado peace officers; and (b) The secret service agent acts in accordance with the rules and regulations of his or her employing agency. (2) A secret service agent is a person who is employed by the United States government, assigned to the United States secret service, empowered to effect an arrest with or without a warrant for violations of the United States code, and authorized to carry a firearm and use deadly force in the performance of his or her duties as a federal law enforcement officer. (3) Upon effecting an arrest under the authority of this section, a secret service agent shall immediately surrender custody of the arrested individual to a Colorado peace officer. (4) This section does not impose liability on or require indemnification or create a waiver of sovereign immunity by the state of Colorado for any action performed under this section by a secret service agent. (5) Nothing in this section shall be construed to expand the authority of federal law enforcement officers to initiate or conduct an independent investigation into violations of Colorado law.

C.R.S. § 16-2.5-152 Administrators of judicial security

16-2.5-152. Administrators of judicial security. Administrators of judicial security employed by the judicial department are peace officers whose authority includes the enforcement of all laws of the state of Colorado, and the administrators of judicial security must be certified by the P.O.S.T. board. For the purpose of seeking peace officer status for additional personnel under the title of judicial security administrator, notwithstanding the provisions of section 16-2.5-201, additional administrators of judicial security are granted temporary peace officer status pending application and review by the P.O.S.T. board. Following review by the P.O.S.T. board pursuant to section 16-2.5-201 and upon a favorable recommendation for peace officer status from the P.O.S.T. board to the general assembly, temporary peace officer status for additional administrators is permanent. If the P.O.S.T. board does not recommend peace officer status for additional personnel under the title of judicial security administrator, the temporary peace officer status expires on June 30, 2025, unless the general assembly provides otherwise. Any peace officer positions created pursuant to this section after January 1, 2025, shall be approved by the general assembly through a decision item in the judicial department's annual budget request.

C.R.S. § 16-2.5-201 General assembly sunrise review of groups seeking statutory peace officer status

16-2.5-201. General assembly sunrise review of groups seeking statutory peace officer status. (1) The general assembly finds that it is necessary to ensure that clear standards exist for obtaining peace officer status in the state of Colorado. The general assembly further finds it made statutory changes in 2003 to end the stratification of peace officers and ensure all peace officers receive a consistent level of statutory protection. The general assembly therefore declares, in order to maintain clear standards and consistent statutory protections for peace officers, it is necessary for the P.O.S.T. board to review a group that seeks peace officer status either for the group or for a specific position, prior to the group seeking authorization from the general assembly for the status. (2) No later than July 1 of any year, a group, or political subdivision of the state that seeks peace officer status either for the group or for a specific position, shall submit to the P.O.S.T. board, for its review, a proposal containing the following information: (a) A complete description of the position or a description of the group proposed for peace officer status and an estimate of the number of persons who hold the position or are in the group; (b) A description of the specific need for the authority and protections required for the position or group; (c) The benefit to the public that would result from granting the status; (d) The costs associated with granting the status; and (e) A resolution or letter of support for proposed change in status from the chief executive officer of the unit of government or political subdivision employing the group or overseeing the proposed position. (3) After receiving the information specified in subsection (2) of this section, the P.O.S.T. board shall prepare an analysis, evaluation, and recommendation of the proposed status. The analysis, evaluation, and recommendation shall be based upon criteria established by the P.O.S.T. board in rules adopted pursuant to section 16-2.5-203. (4) (a) The P.O.S.T. board shall conduct a hearing with the group seeking peace officer status for the group or for a specific position. (b) At the hearing, the determination as to whether peace officer status is needed shall be based upon the criteria contained in the P.O.S.T. board rules. (5) After the hearing, the P.O.S.T. board shall submit a report to the group seeking peace officer status for the group or specific position and to the judiciary committees of the house of representatives and the senate no later than October 15 of the year following the year in which the proposal was submitted. (6) The group seeking peace officer status for the group or specific position may request members of the general assembly to present appropriate legislation to the general assembly during each of the two regular sessions that immediately succeed the date of the report required pursuant to subsection (2) of this section without having to comply again with the provisions of subsections (2) and (4) of this section. Bills introduced pursuant to this subsection (6) shall count against the number of bills to which members of the general assembly are limited by joint rule of the senate and the house of representatives. The general assembly shall not consider peace officer status of more than five positions or groups in any one session of the general assembly. (6.5) Notwithstanding subsection (6) of this section, for the purpose of seeking peace officer status for a motor vehicle criminal investigator and a criminal tax enforcement special agent, the department of revenue is exempt from the requirement to present appropriate legislation to the general assembly during the two regular legislative sessions that immediately succeed the date of the proposal required pursuant to subsection (2) of this section without having to comply again with subsections (2) and (4) of this section. al investigator and a criminal tax enforcement special agent, the department of revenue is exempt from the requirement to present appropriate legislation to the general assembly during the two regular legislative sessions that immediately succeed the date of the proposal required pursuant to subsection (2) of this section without having to comply again with subsections (2) and (4) of this section. (7) This section is exempt from the provisions of section 24-1-136 (11), C.R.S., and the periodic reporting requirement of that section shall remain in effect until changed by the general assembly acting by bill.

C.R.S. § 16-2.5-202 P.O.S.T. board review of peace officer status

16-2.5-202. P.O.S.T. board review of peace officer status. (1) For a position, group, or political subdivision that received peace officer status after July 1, 2003, and did not go through the process described in section 16-2.5-201, the P.O.S.T. board shall review the peace officer authority of the position, group, or political subdivision. (2) The P.O.S.T. board shall require the group that received the peace officer status or the group or political subdivision that oversees a position that received peace officer status to submit to the P.O.S.T. board the information required in section 16-2.5-201 (2). (3) After receiving the information, the P.O.S.T. board shall prepare an analysis, evaluation, and recommendation of the peace officer status. The analysis, evaluation, and recommendation shall be based upon the criteria established in P.O.S.T. board rule. (4) The P.O.S.T. board shall conduct a hearing concerning peace officer status for the group or the specific position, pursuant to the provisions of section 16-2.5-201 (4). (5) The P.O.S.T. board shall submit a report to the group or political subdivision seeking to retain peace officer status, either for the group or for a specific position, and to the judiciary committees of the house of representatives and the senate no later than October 15 of the year following the year in which the P.O.S.T. board began the review. The report may include legislative recommendations.

C.R.S. § 16-2.5-203 Rules

16-2.5-203. Rules. Pursuant to article 4 of title 24, C.R.S., the P.O.S.T. board shall promulgate rules establishing the criteria that shall be applied in determining whether to recommend peace officer status for a group or specific position as provided in section 16-2.5-201 (4).

C.R.S. § 16-2.5-301 Peace officer actions leading to injury or death investigations - protocol

16-2.5-301. Peace officer actions leading to injury or death investigations - protocol. (1) Each police department, sheriff's office, and district attorney within the state shall develop protocols for participating in a multi-agency team, which shall include at least one other police department or sheriff's office, or the Colorado bureau of investigation, in conducting any investigation, evaluation, and review of an incident involving the discharge of a firearm by a peace officer that resulted in injury or death, or other use of force by a peace officer that resulted in death. The law enforcement agencies participating need not be from the same judicial district. (2) Each law enforcement agency shall post the protocol on its website or, if it does not have a website, make it publicly available upon request. The protocols required by this section shall be completed and implemented by December 31, 2015.

C.R.S. § 16-2.5-401 Legislative declaration

16-2.5-401. Legislative declaration. (1) The general assembly hereby declares that: (a) Peace officers involved in incidents involving a shooting or fatal use of force should have access to immediate support; (b) The experience of police and public safety mental health professionals and scientific research show that providing training, support services, and reintegration strategies can promote positive outcomes following such incidents; and (c) The policies required by this part 4 provide for post-incident psychological interventions that are separate and distinct from any fitness-for-duty assessment or administrative or investigative procedures that may follow.

C.R.S. § 16-2.5-402 Definitions

16-2.5-402. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Law enforcement agency" means: (a) The Colorado state patrol created in section 24-33.5-201; (b) The Colorado bureau of investigation created in section 24-33.5-401; (c) The department of corrections created in section 24-1-128.5; (d) The division of parks and wildlife within the department of natural resources created pursuant to section 24-1-124; (e) A county sheriff's office; (f) A municipal police department; (g) A campus police department; or (h) A town marshal's office. (2) "Qualified mental health professional" means: (a) A person certified and in good standing as a police and public safety psychologist by the American Board of Police and Public Safety Psychology, or its successor organization; or (b) A person who: (I) Is a licensed mental health clinician in good standing with his or her licensing board; and (II) Has demonstrated to the law enforcement agency's satisfaction through a combination of training and experience that the person is trauma informed, experienced in responding to acute trauma events, and culturally competent in understanding law enforcement work, challenges, and stressors.

C.R.S. § 16-2.5-403 Peace officer-involved shooting or fatal use of force policy

16-2.5-403. Peace officer-involved shooting or fatal use of force policy. (1) Each law enforcement agency shall develop and maintain a policy for supporting a peace officer who has been involved in a shooting or fatal use of force. An involved officer may include a peripheral officer present at the scene who reports an impact or requests supportive services. The policy must address, at a minimum: (a) Pre-incident preparation, including training and education about both normal and problematic post-traumatic reactions commonly associated with officer-involved shootings and critical incidents; (b) Protocols to ensure an involved officer's physical and psychological safety at the scene and following the incident; (c) The provision of post-incident services to an involved officer, and the ability to extend post-incident services to an officer's family and significant others when warranted. The agency shall consider including in the policy, to the extent possible given the agency's size and resources: (I) At least one confidential post-incident intervention with a qualified mental health professional in a timely manner following the incident, including through telehealth services; (II) Ongoing confidential mental health services from a qualified mental health professional as needed, including through telehealth services; and (III) Some form of peer support, including agency peer support or online or telehealth peer support; (d) Guidelines for temporary leave or appropriate duty reassignment as agreed upon by an involved officer and the agency to allow an involved officer to receive services and manage the impact of the incident on an involved officer and an involved officer's family and significant others; and (e) Guidelines and procedures for an officer's return to duty, including ongoing support and services available to an involved officer. The agency shall consider including in the policy, to the extent possible given the agency's size and resources: (I) A reintegration plan that considers having an officer return to the scene of the incident if needed, fire his or her weapon at the range, and participate in a graded reentry with a partner; and (II) Ongoing supportive mental health services, including confidential follow-up by a qualified mental health professional, either in person or through telehealth services. (2) The policies required by this section must be completed by January 1, 2020. Each law enforcement agency shall review the policy on a biennial basis and, if necessary, update the policy to reflect current best practices and available resources. (3) In developing, updating, and implementing the policies required by this section, law enforcement agencies are encouraged to consult with and use the resources available through the International Association of Chiefs of Police, the National Sheriffs' Association, the Fraternal Order of Police, the American Board of Police and Public Safety Psychology, the peace officers standards and training board created in section 24-31-302, and ResponderStrong, or their successor organizations, and other organizations providing similar resources and support.

C.R.S. § 16-2.5-501 Definitions

16-2.5-501. Definitions. As used in this part 5, unless the context otherwise requires: (1) "Credibility disclosure notification" means the notification described in section 16-2.5-502 (2)(c). (2) "Law enforcement agency" means a state or local agency that employs peace officers. (3) "Peace officer" means a peace officer as defined in section 24-31-901 (3) and includes an officer, reserve, volunteer, or employee who performs a law enforcement function.

C.R.S. § 16-2.5-502 Peace officer credibility disclosures - policies and procedures

16-2.5-502. Peace officer credibility disclosures - policies and procedures. (1) On or before January 1, 2022, each law enforcement agency and district attorney's office shall adopt and implement written policies and procedures consistent with the statewide model for peace officer credibility disclosure notifications created and recommended by the peace officer credibility disclosure notification committee established in subsection (2)(a) of this section. (2) (a) There is hereby created the peace officer credibility disclosure notification committee. The peace officer credibility disclosure notification committee must be comprised of the following members as appointed by their respective organizations: (I) A representative of the Colorado district attorneys' council; (II) A representative from an organization representing police officers; (III) A representative from an organization representing the chiefs of police; (IV) A representative from an organization representing the county sheriffs; (V) A county attorney designated by an organization representing counties; and (VI) A city attorney designated by an organization representing municipalities. (b) The peace officer credibility disclosure notification committee must be co-chaired by the representative from the Colorado district attorneys' council and the representative from the organization representing peace officers. The co-chairs of the committee shall set the dates, times, and procedures for the committee meetings as deemed necessary to meet the requirements of this section. The peace officer credibility disclosure notification committee shall create a statewide model for peace officer credibility disclosure notifications by December 1, 2021. (c) The statewide model for peace officer credibility disclosure notification policies and procedures must include, but need not be limited to: (I) A prompt notification from a law enforcement agency to the district attorney of any sustained finding that a peace officer has: (A) Knowingly made an untruthful statement concerning a material fact, knowingly omitted a material fact in an official criminal justice record, or knowingly omitted a material fact while testifying under oath or during an internal affairs investigation or administrative investigation and disciplinary process; (B) Demonstrated a bias based on race, religion, ethnicity, gender, sexual orientation, age, disability, national origin, or any other protected class; (C) Tampered with or fabricated evidence; or (D) Been convicted of any crime involving dishonesty, been charged in a criminal proceeding with any felony or any crime involving dishonesty, or violated any policy of the law enforcement agency regarding dishonesty. (II) A law enforcement agency's obligation to notify the district attorney's office in the law enforcement agency's jurisdiction when: (A) A peace officer is a potential witness in a pending criminal prosecution in which a criminal defendant has been formally charged; (B) The peace officer is under a concurrent criminal or administrative investigation regarding an allegation related to the peace officer's involvement in the defendant's pending criminal case; and (C) The result of the concurrent criminal or administrative investigation, if sustained, would require disclosure. (III) A process for a law enforcement agency to promptly notify the district attorney of such a finding; and (IV) A process to remove a peace officer's credibility disclosure notification from the district attorney's credibility disclosure notification record if appropriate and lawful. The result of the concurrent criminal or administrative investigation, if sustained, would require disclosure. (III) A process for a law enforcement agency to promptly notify the district attorney of such a finding; and (IV) A process to remove a peace officer's credibility disclosure notification from the district attorney's credibility disclosure notification record if appropriate and lawful. (d) (I) The statewide model for peace officer credibility disclosure notifications established in subsection (2)(c) of this section must require that a law enforcement agency shall include in the credibility disclosure notification: (A) The name of the peace officer; (B) The name of the law enforcement agency that employs or employed the peace officer at the time of the investigation or sustained finding described in subsection (2)(c)(I) of this section or an investigation described in subsection (2)(c)(II) of this section; (C) The following statement: "This notification is to inform you that there is information in the law enforcement agency's possession regarding [name of peace officer] that may affect the peace officer's credibility in court." (D) The applicable statutory provision identifying the basis for the credibility disclosure notification as set forth in subsections (2)(c)(I)(A) through (2)(c)(I)(D) of this section. (II) The statewide model for peace officer credibility disclosure notifications must provide a process to notify the involved peace officer at least seven calendar days prior to sending the credibility disclosure notification to the district attorney's office, if practicable. (3) On or before February 1, 2022, each district attorney shall make available to the public the policies and procedures created and implemented pursuant to subsection (2) of this section. The policies and procedures must include, but need not be limited to, a process for a district attorney to: (a) Receive credibility disclosure notifications; (b) Maintain a current record of all credibility disclosure notifications, distinguishing between the credibility disclosure notifications in subsections (2)(c)(I) and (2)(c)(II) of this section; (c) Describe how members of the public can access the database created by the P.O.S.T. board pursuant to section 24-31-303 (1)(r) concerning peace officers who are subject to credibility disclosure notifications. The procedures must be posted on the district attorney's or county's website. (d) Establish a process to timely notify a defense attorney or defendant of credibility disclosure notification records pursuant to rule 16 of the Colorado rules of criminal procedure; and (e) Remove any credibility disclosure notification records when appropriate and lawful. (4) Each district attorney shall review the policies and procedures adopted and implemented pursuant to subsection (3) of this section at least every four years to ensure compliance with controlling federal and state case law interpreting Brady v. Maryland, 373 U.S. 83 (1963); Giglio v. United States, 405 U.S. 150 (1972); Kyles v. Whitley, 514 U.S. 419 (1995), and its progeny; as well as the Colorado rules of criminal procedure.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-16.docxFetched: 10/6/2026

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