ORS: About

THE MISSION OF THE OFFICE OF RESEARCH AND STATISTICS is to apply the highest level of scientific rigor and objectivity in the study of criminal justice policies, programs and practices, and to identify activities that improve the administration of justice. This includes educating policy makers, practitioners, fellow researchers, and the public through the timely dissemination of research findings.

ORS Background

The Office of Research and Statistics (ORS) exists within the Division of Criminal Justice (DCJ) in the Colorado Department of Public Safety (CDPS) to fulfill a number of DCJ's statutory mandates. ORS also serves as the Statistical Analysis Center (SAC) for the state of Colorado that is supported in part by the U.S. Bureau of Justice Statistics (BJS) to facilitate the exchange of data and information. Visit the BJS: State Justice Statistics Program and/or the Justice Information Research Network (formerly, the Justice Research and Statistics Association) for information about Statistical Analysis Centers across the country. Additional ORS statutory mandates may be found below in the tab, "ORS Legislative Mandates."

The ORS analyzes justice policies and problems, evaluates criminal justice programs, conducts recidivism studies, and distributes information through publications, training sessions, and its web site. The ORS undertakes this work to assist the General Assembly, the Governor's Office, other state and local agencies, and the public for the purpose of enhancing the quality of criminal justice at all levels of government. The ORS previously provided research and staff support to the Colorado Commission on Criminal and Juvenile Justice (CCJJ) [sunset, September 1, 2023].

Please submit comments or questions about the website using ORS Requests.

ORS Staff

Colorado Department of Public Safety
Stan Hilkey, Executive Director

Colorado Division of Criminal Justice
Matt Lunn, Ph.D., Director

Jack Reed Research Director
Erin Crites Policy Advisor	Alyssa Dalen Statistical Analyst	Kaylynn Duncan Program Assistant
Mindy Duong Statistical Analyst	Kevin Ford Statistical Analyst	Alexis Harper Criminal Justice Project Manager
Linda Harrison Senior Statistical Analyst	Katherine Hernandez Statistical Analyst	Morgan Jacobson Research Analyst
Laurence Lucero Research Analyst	Michael Phillips Statistical Analyst	Dana Reegen Research Analyst
Allison Rosenthal Statistical Analyst	Allison Rosenthal Statistical Analyst
ORS: Staff Bios Contact ORS Staff OFFICE OF RESEARCH & STATISTICS *[Colorado Statistical Analysis Center] 700 Kipling Street, Suite 1000 Denver, CO 80215 (720) 701-2377 Email: https://dcj.colorado.gov/dcj-offices/ors/req** * For information about state Statistical Analysis Centers see the State Justice Statistics Program at the U.S. Bureau of Justice Statistics.

ORS Legislative Mandates

The Office of Research and Statistics (ORS) has several mandates derived from Colorado Revised Statutes. Many of the ORS mandates are listed in Section 503, Article 33.5 of Title 24, C.R.S. (these are listed first below). Additional ORS mandates can be found in Title 18 and other statutory sections of Title 24 (these are listed ordinally below the Section 503 entry). Note that these mandates may include references to other offices within the Division of Criminal Justice as well as other state agencies.

Last updated: 12/11/2023

§24-33.5-503. Duties of the Division

24-33.5-503. Duties of the Division: 24-33.5-503 pdf

See also, Part 18 of 24-33.5: School Safety Resource Center.
See also, Part 26 of 24-33.5: Missing and Murdered Indigenous Relatives.
See also, Part 27 of 24-33.5: Office of School Safety.

(1) The division has the following duties:

(a) In cooperation with other agencies, to collect and disseminate information concerning crime and criminal justice for the purpose of assisting the general assembly and of enhancing the quality of criminal justice at all levels of government in this state,

(b) To analyze this state's activities in the administration of criminal justice and the nature of the problems confronting it and to make recommendations and to develop comprehensive plans of action for the improvement of criminal justice and for crime and delinquency control and related matters for consideration and implementation by the appropriate agencies of state and local government. In developing such plans, the division shall draw upon the planning capabilities of other agencies, particularly the judicial department and the department of corrections.

(c) To advise and assist law enforcement agencies in this state to improve their law enforcement systems and their relationships with other agencies and the statewide system,

(d) To act as the state planning agency under the federal "Crime Control Act of 1973", Pub. L. 93-83,

(e) To do all things necessary to apply for, qualify for, accept, and expend any state, federal, or other moneys made available or allotted under said Public Law 93-83 and under any other law or program, including the Colorado community policing program described in part 6 of this article, designed to improve the administration of criminal justice, court systems, law enforcement, prosecution, corrections, probation and parole, juvenile delinquency programs, and related fields,

(f) To administer a statistical analysis center for the purpose of collecting and analyzing statewide criminal justice statistics,

(g) To establish and maintain a jail health care project to assist detention facilities in acquiring accreditation from the American medical association, provide technical assistance to jails relating to the development, upgrading, and evaluation of inmate health care delivery systems, act as an educational clearinghouse for information related to jail health care, assist in the development of specialized training programs for detention personnel, provide technical assistance in the planning and construction of new jail facilities relating to inmate health care delivery systems, and implement cooperation between community and state agencies to improve detention health care,

(h) Repealed.

(i) To promulgate rules and regulations which set minimum standards for temporary holding facilities as defined in section 19-1-103 (106), C.R.S.,

(j) To carry out the duties specified in article 27.8 of title 17, C.R.S., [home detention program]

(k) To carry out the duties prescribed in article 11.5 of title 16, C.R.S., [substance abuse assessment]

(l) To carry out the duties prescribed in article 11.7 of title 16, C.R.S., [sex offender management board]

(m) To provide information to the director of research of the legislative council concerning population projections, research data, and other information relating to the projected long-range needs of correctional facilities and juvenile detention facilities and any other related data requested by the director,

(n) To carry out the duties prescribed in section 16-11-101.7 (3), C.R.S., [crime stopper funds disbursement]

(o) To develop, in consultation with the sex offender management board and the judicial branch by January 1, 1999, the risk assessment screening instrument that will be provided to the sentencing courts to determine the likelihood that a sex offender would commit one or more of the offenses specified in section 18-3-414.5 (1)(a)(II), C.R.S., under the circumstances described in section 18-3-414.5 (1)(a)(III), C.R.S.,

(p) To implement, in consultation with the judicial branch, by July 1, 1999, the risk assessment screening instrument developed pursuant to paragraph (o) of this subsection (1),

(q) To review existing policies relating to the issuance and use of no-knock search warrants pursuant to part 3 of article 3 of title 16, C.R.S.,

(r) To inspect secure juvenile facilities and collect data on juveniles that are held in secure juvenile facilities, jails, and lockups throughout the state,

(r.5) To administer the juvenile diversion program created and authorized in section 19-2.5-402, including the allocation of money for the program;

(s) Repealed.

(t) To analyze the data from the state board of parole provided to the division pursuant to section 17-22.5-404 (6), C.R.S., and to provide training to the board, pursuant to section 17-22.5-404 (6), C.R.S., regarding how to use the data obtained and analyzed to facilitate the board's decision-making,

(u) Repealed.

(v) Notwithstanding section 24-1-136 (11)(a)(I), to provide to the judiciary committees of the senate and the house of representatives, or any successor committees, a status report on the effect on parole outcomes and use of any money allocated pursuant to House Bill 10-1360, enacted in 2010,

(w) To develop the administrative release guideline instrument for use by the state board of parole as described in section 17-22.5-107 (1), C.R.S.,

(x) To develop the Colorado risk assessment scale as described in section 17-22.5-404 (2)(a), C.R.S.,

(y) To develop, in cooperation with the department of corrections and the state board of parole, a parole board action form,

(z) To provide training on the Colorado risk assessment scale and the administrative release guideline instrument as required by section 17-22.5-404 (2)(c), C.R.S., and

(aa) To receive the information reported to the division by law enforcement agencies pursuant to section 22-32-146, C.R.S., and by district attorneys pursuant to section 20-1-113, C.R.S., and provide the information, as submitted to the division, to any member of the public upon request, in a manner that does not include any identifying information regarding any student. If the division provides the information to a member of the public upon request pursuant to this paragraph (aa), the division may charge a fee to the person, which fee shall not exceed the direct and indirect costs incurred by the division in providing the information.

(bb) To develop the certificate of compliance required by section 16-4-102 (2)(j)(III) that includes specific certifications for:

(I) Posting the notices required by section 16-4-102 (2)(h)(I)(A) and (2)(i) for inmates and the public to see;
(II) Creation and provision of the notice required by section 16-4-102 (2)(h);
(III) Creation and training on the written policies required by section 16-4-102 (2)(j)(I); and
(IV) Timely updates required by section 16-4-102 (2)(j)(II); and

(cc) Maintain a publicly accessible database of the certificates of compliance, policies, and notices filed by a sheriff pursuant to section 16-4-102 (2)(j)(III).

(dd) (I) In consultation with the advisory committees created for the grant programs in Senate Bill 22-001, enacted in 2022, and Senate Bill 22-145, enacted in 2022, referred to in this subsection (1)(dd) as the “grant programs”:

(A) To develop appropriate evaluation metrics for considering grant applications and reporting requirements for grant recipients;
(B) To receive and analyze the data on each grant program; and
(C) To identify best practices from each grant program; and

(II) On or before November 15, 2026, to submit a written report to the judiciary committees of the senate and house of representatives, or any successor committees, and to the joint budget committee of the general assembly concerning the effectiveness of programs funded through the grant programs and recommendations for continued funding for any such programs.

(2) (a) (I) On or before April 1, 2016, and every April 1 thereafter, the division has the duty to compile and analyze the data reported by law enforcement agencies and prepare a report, without identifying information, concerning the total number of tickets, summons, or arrests that occurred on school grounds, in school vehicles, or at a school activity or sanctioned event and describe the final disposition of those tickets, summons, or arrests by reporting agency, school, and location. The report must analyze the data by race, age, gender, ethnicity, and the specific type of offense with all national crime information center crime codes. The division of criminal justice shall support law enforcement agencies in their efforts to submit the required data, actively reach out to agencies that have failed to submit the required data, and provide a reasonable degree of training if necessary.

(II) Notwithstanding section 24-1-136 (11)(a)(I), the division shall submit the report to the education and judiciary committees of the house of representatives and the senate, or any successor committees. The division shall provide the report to any member of the public upon request, in a manner that does not include any identifying information regarding any student. If the division provides the information to a member of the public upon request pursuant to this subsection (2)(a), the division may charge a fee to the person, which fee shall not exceed the direct and indirect costs incurred by the division in providing the information. If the division adheres to all state and federal privacy and confidentiality laws concerning student information, the division may provide the aggregate data gathered by a law enforcement agency to any independent research or community-based organization working to analyze school-based criminal behavior and the response to that behavior by the juvenile and criminal justice systems. The data provided must not include any information that would identify any individual student.

(III) The division shall annually post the report on its website.

(b) The division has the duty to prepare a retroactive report meeting the requirements of paragraph (a) of this subsection (2) using existing data sources for the 2013-14 and 2014-15 school years.

(c) The division is only required to perform the duties of this subsection (2) if existing appropriations or resources are available.

HISTORY

Source: L. 83:Entire article added, p. 935, § 1, effective July 1, 1984. L. 84:(1)(g) added, p. 684, § 17, effective July 1; (1)(h) added, p. 661, § 21, effective July 1. L. 89:(1)(i) added, p. 929, § 6, effective April 23. L. 90:(1)(j) added, p. 970, § 4, effective July 1. L. 91:(1)(k) added, p. 442, § 8, effective May 29. L. 92:(1)(l) added, p. 462, § 7, effective June 1. L. 94:(1)(m) added, p. 1097, § 9, effective May 9; (1)(n) added, p. 1813, § 7, effective June 1. L. 97:(1)(o) and (1)(p) added, p. 1566, § 13, effective July 1. L. 98:(1)(o) amended, p. 401, § 10, effective April 21. L. 99:(1)(o) amended, p. 1150, § 12, effective July 1. L. 2000:(1)(q) added, p. 651, § 3, effective July 1; (1)(i) amended, p. 1863, § 80, effective August 2. L. 2006:(1)(r) added, p. 257, § 5, effective March 31; (1)(e) amended, p. 1124, § 2, effective May 25; (1)(q) amended, p. 144, § 20, effective August 7. L. 2007:(1)(s) added, p. 1697, § 18, effective July 1. L. 2009:(1)(t) added,(SB 09-135), ch. 329, p. 1755, § 2, effective August 5. L. 2010:(1)(v) added,(HB 10-1360), ch. 263, p. 1196, § 6, effective May 25; (1)(w), (1)(x), (1)(y), and (1)(z) added,(HB 10-1374), ch. 261, p. 1187, § 7, effective May 25; (1)(e) amended,(HB 10-1336), ch. 342, p. 1581, § 1, effective June 5; (1)(u) added,(HB 10-1352), ch. 259, p. 1172, § 11, effective August 11. L. 2012:(1)(y) and (1)(z) amended and (1)(aa) added,(HB 12-1345), ch. 188, p. 747, § 33, effective May 19; (1)(u) repealed,(HB 12-1310), ch. 268, p. 1413, § 38, effective June 7. L. 2015:(2) added,(HB 15-1273), ch. 323, p. 1322, § 5, effective June 5. L. 2016:(2)(a)(II) amended,(HB 16-1098), ch. 103, p. 299, § 5, effective April 15; (2)(a)(I) and (2)(b) amended,(SB 16-189), ch. 210, p. 766, § 47, effective June 6. L. 2017:(1)(s) repealed and (1)(v) and (2)(a)(II) amended,(HB 17-1059), ch. 91, p. 279, § 7, effective August 9. L. 2021:(1)(r.5) added,(SB 21-066), ch. 64, p. 259, § 5, effective April 29; (1)(z) amended and (1)(bb) and (1)(cc) added,(HB 21-1280), ch. 457, p. 3052, § 5, effective September 7; (1)(i) amended,(SB 21-059), ch. 136, p. 745, § 114, effective October 1. L. 2022:(1)(dd) added,(SB 22-145), ch. 199, p. 1338, § 3, effective May 20; (1)(r.5) amended,(SB 22-212), ch. 421, p. 2977, § 55, effective August 10.L. 2023:(1)(dd)(II) amended,(SB 23-277), ch. 443, p. 2592, § 2, effective June 7.

NOTES
Editor's note: (1) Subsection (1)(h)(II) provided for the repeal of paragraph (1)(h), effective July 1, 1988. (See L. 84, p. 661.)

Cross references:
(1) For the legislative declaration contained in the 2006 act amending subsection (1)(e), see section 1 of chapter 246, Session Laws of Colorado 2006.

(2) For the legislative declaration in HB 15-1273, see section 1 of chapter 323, Session Laws of Colorado 2015. For the legislative declaration in SB 22-145, see section 1 of chapter 199, Session Laws of Colorado 2022.

§18-1.3-407 (9) & (10). Youthful Offender System Study

§18-1.3-407. Sentences - youthful offenders - powers and duties of district court - authorization for youthful offender system - powers and duties of department of corrections - youthful offender system study - report - legislative declaration - definitions. 18-1.3-407 pdf

(9) On or before November 1, 1993, the department, in conjunction with the division of criminal justice, shall develop and the department shall implement a process for monitoring and evaluating the youthful offender system. In implementing such system, the department may contract with a private agency for assistance.

(10) (a) (Deleted by amendment, L. 2002, p. 881, § 19, effective August 7, 2002.)

(b) The division of criminal justice shall independently monitor and evaluate, or contract with a public or private entity to independently monitor and evaluate, the youthful offender system. Notwithstanding section 24-1-136 (11)(a)(I), on or before November 1, 2002, and on or before November 1 every two years thereafter, the division of criminal justice shall report its findings, or the findings of the contract entity, to the judiciary committees of the senate and the house of representatives. The department of corrections shall cooperate in providing the necessary data to the division of criminal justice or an entity designated by the division of criminal justice to complete the evaluation required in this section.

§24-4.1-406. Reports (U-Visa Certifications)

24-4.1-406. Reports. 24-4.1-406 pdf

(1) On or before September 1, 2022, and on or before each March 1 thereafter, a certifying agency that receives a request for a certification[*] shall report to the division of criminal justice in the department of public safety on an annual basis and in aggregate form, subject to the restrictions set forth in section 24-4.1-404, the following:

(a) The number of requests for certification received;
(b) The number of certifications that were signed;
(c) The total number that were denied;
(d) The number of certifications that were denied for each reason specified pursuant to section 24-4.1-403 (7); and
(e) The number of decisions that fell outside the prescribed completion deadlines.

(2) The division shall make the reports available to the public upon request.

History
Source: L. 2021: Entire part added, (HB 21-1060), ch. 126, p. 514, § 1, effective September 1.

Research References & Practice Aids
Hierarchy Notes:
C.R.S. Title 24
C.R.S. Title 24, Art. 4.1

[*] U-Visa certification; definition excerpt
24-4.1-401. Definitions.
As used in this part 4, unless the context otherwise requires:
(1) “Certification form” or “certification” means the federal form I-918, supplement B, “U Nonimmigrant Status Certification”, or any successor form, required under 8 U.S.C. sec. 1184 (p)(1) and 8 CFR 214.14 (c)(2)(i) and as defined under 8 CFR 214.14 (a)(12), which confirms that the petitioner is a victim of qualifying criminal activity and has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the qualifying criminal activity of which the petitioner is a victim.

§24-31-903. Division of Criminal Justice Report (Law Enforcement Integrity)

§24-31-903. Division of Criminal Justice Report (Law Enforcement Integrity). 24-31-903 pdf

(1) Beginning July 1, 2023, the division of criminal justice in the department of public safety shall create an annual report including all of the information that is reported to the division pursuant to subsection (2) of this section, aggregated and broken down by the law enforcement agency that employs peace officers, along with the underlying data.

(2) Beginning April 1, 2022, the Colorado state patrol and each local law enforcement agency that employs peace officers shall report to the division of criminal justice the following using data-collection methods developed for this purpose by the division of criminal justice in conjunction with the Colorado bureau of investigation and local law enforcement agencies:

(a) All use of force by its peace officers that results in death or serious bodily injury or that involves the use of a weapon, including:

(I) The date, time, and location of the use of force;
(II) The perceived demographic information of the person contacted, provided that the identification of these characteristics is based on the observation and perception of the peace officer making the contact and other available data;
(III) The names of all peace officers who were at the scene, identified by whether the peace officer was involved in the use of force or not; except that the identity of other peace officers at the scene not directly involved in the use of force shall be identified by the officer’s identification number issued by the P.O.S.T. board unless the peace officer is charged criminally or is a defendant to a civil suit as a result arising from the use of force;
(IV) The type of force used, the severity and nature of the injury, whether the peace officer suffered physical injury, and the severity of the peace officer’s injury;
(V) Whether the peace officer was on duty at the time of the use of force;
(VI) Whether a peace officer unholstered or brandished a weapon during the incident, and, if so, the type of weapon;
(VII) Whether a peace officer discharged a weapon during the incident;
(VIII) Whether the use of force resulted in a law enforcement agency investigation and the result of the investigation;
(IX) Whether the use of force resulted in a civilian complaint and the resolution of that complaint;
(X) Whether an ambulance was called to the scene and whether a person was transported to a hospital from the scene whether in an ambulance or other transportation; and
(XI) Whether the person contacted exhibited a weapon during the interaction leading up to the injury or death, and, if so, the type of weapon and whether it was discovered before or after the use of force;

(b) All instances when a peace officer resigned while under investigation for violating department policy;

(c) All data relating to contacts and entries into a residence, including a forcible entry, conducted by its peace officers, including:

(I) The perceived demographic information of the person contacted provided that the identification of these characteristics is based on the observation and perception of the peace officer making the contact and other available data; except that this subsection (2)(c)(I) does not apply to a person contacted who is a witness to a crime or a survivor of a crime;
(II) Whether the contact was a traffic stop;
(II.5) Whether the contact was a showup, as defined in section 16-1-110 (1)(b);
(III) The time, date, and location of the contact;
(IV) The duration of the contact;
(V) The reason for the contact;
(VI) The suspected crime;
(VII) The result of the contact, such as:

(A) No action, warning, citation, property seizure, or arrest;
(B) If a warning or citation was issued, the warning provided or violation cited;
(C) If an arrest was made, the offense charged;
(D) If the contact was a traffic stop, the information collected, which is limited to the driver;
(E) If the contact was a showup, the information collected pursuant to section 16-1-109 (6) for the eyewitness and the subject.

(VIII) The actions taken by the peace officer during the contact, including but not limited to whether:

(A) The peace officer asked for consent to search the person, and, if so, whether consent was provided;
(B) The peace officer searched the person, a vehicle, or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any;
(C) The peace officer seized any property and, if so, the type of property that was seized and the basis for seizing the property;
(D) A peace officer unholstered or brandished a weapon during the contact, and, if so, the type of weapon; and
(E) A peace officer discharged a weapon during the contact;

(d) All instances of unannounced entry into a residence, with or without a warrant, including:

(I) The date, time, and location of the use of unannounced entry;
(II) The perceived demographic information of the subject of the unannounced entry, provided that the identification of these characteristics is based on the observation and perception of the peace officer making the entry and other available data;
(III) Whether a peace officer unholstered or brandished a weapon during the unannounced entry, and, if so, the type of weapon; and
(IV) Whether a peace officer discharged a weapon during the unannounced entry.

(e) The number of officer-involved civilian deaths.

(3) The Colorado state patrol and local law enforcement agencies shall not report the name, address, social security number, or other unique personal identifying information of the subject of the use of force, victim of the official misconduct, eyewitness or subject in a showup, or persons contacted, searched, or subjected to a property seizure. Notwithstanding any provision of law to the contrary, the data reported pursuant to this section is available to the public pursuant to subsection (4) of this section.

(4) The division of criminal justice shall maintain a statewide database with data collected pursuant to this section, in a searchable format, and publish the database on its website.

(5) The Colorado state patrol and any local law enforcement agency that fails to meet its reporting requirements pursuant to this section is subject to the suspension of its funding by its appropriating authority.

History
Source: L. 2020:Entire part added,(SB 20-217), ch. 110, p. 449, § 2, effective June 19.L. 2021:IP(2), IP(2)(a), (2)(a)(VI), (2)(a)(VII), (2)(a)(VIII), (2)(a)(IX), IP(2)(c), (2)(c)(I), (2)(c)(VIII)(B), (2)(c)(VIII)(D), (2)(c)(VIII)(E), (2)(d)(III), (2)(d)(IV), and (2)(e) amended and (2)(a)(X) and (2)(a)(XI) added,(HB 21-1250), ch. 458, p. 3058, § 3, effective July 6; (2)(c)(II.5) and (2)(c)(VII)(E) added and (3) amended,(HB 21-1142), ch. 312, p. 1906, § 4, effective September 7.

Research References & Practice Aids
Cross references:
For the legislative declaration in HB 21-1142, see section 1 of chapter 312, Session Laws of Colorado 2021.

§24-33.5-503 (1) (aa) & (2). Criminal Justice Data Collection (Law Enforcement Contacts with Students)

§24-33.5-503 (1) (aa) & (2). Criminal Justice Data Collection (Law Enforcement Contacts with Students): 24-33.5-503(1)(aa) & (2) pdf

See also,
C.R.S., 20-1-113. Reporting of criminal proceedings involving public school students, and
C.R.S., 22-32-146. School use of on-site peace officers as school resource officers.

(1) The division has the following duties:

(II) Notwithstanding Section 24-1-136 (11)(a)(I), the division shall submit the report to the education and judiciary committees of the house of representatives and the senate, or any successor committees. The division shall provide the report to any member of the public upon request, in a manner that does not include any identifying information regarding any student. If the division provides the information to a member of the public upon request pursuant to this Subsection (2) (a), the division may charge a fee to the person, which fee shall not exceed the direct and indirect costs incurred by the division in providing the information. If the division adheres to all state and federal privacy and confidentiality laws concerning student information, the division may provide the aggregate data gathered by a law enforcement agency to any independent research or community-based organization working to analyze school-based criminal behavior and the response to that behavior by the juvenile and criminal justice systems. The data provided must not include any information that would identify any individual student.

(III) The division shall annually post the report on its website.

(b) The division has the duty to prepare a retroactive report meeting the requirements of paragraph (a) of this subsection (2) using existing data sources for the 2013-14 and 2014-15 school years.

(c) The division is only required to perform the duties of this subsection (2) if existing appropriations or resources are available.

HISTORY
See 24-33.5-503. Duties of the Division

NOTES
24-33.5-503. Duties of the Division

§24-33.5-516, C.R.S. Study Marijuana Implementation

§24-33.5-516, C.R.S. Study Marijuana Implementation 24-33.5-516 pdf

(1) The division shall gather data and undertake or contract for a scientific study of law enforcement's activity related to the implementation of section 16 of article XVIII of the state constitution over the two-year period beginning January 1, 2006, and over the two-year period beginning January 1, 2014, and each two-year period thereafter. The studies conducted after July 1, 2016, may include relevant comparisons to law enforcement's activity before the legalized sale of retail marijuana.

(2) To be included in the study, the division or contractor must have data for each of the two-year periods described in subsection (1) of this section. The study must include information concerning:

(a) Marijuana-initiated contacts by law enforcement, broken down by judicial district and by race and ethnicity, to the extent available, and the feasibility of collecting data regarding marijuana-initiated contacts by law enforcement, including a description of efforts being made by local law enforcement to establish consistent definitions and any proposals for a system of reporting such data to the division,

(b) Comprehensive school data, both statewide and by individual school, including suspensions, expulsions, and police referrals related to drug use and sales, broken down by specific drug categories,

(c) Marijuana arrest data, including amounts of marijuana with each arrest, broken down by judicial district and by race and ethnicity,

(d) Traffic accidents, including fatalities and serious injuries related to being under the influence of marijuana,

(e) Diversion of marijuana to persons under twenty-one years of age,

(f) Diversion of marijuana out of Colorado,

(g) Crime occurring in and relating to the operation of marijuana establishments,

(h) Utilization of parcel services for the transfer of marijuana,

(i) Data related to drug-endangered children, specifically for marijuana,

(j) Probation data,

(k) Data on emergency room visits related to the use of marijuana and the outcomes of those visits, including information from Colorado poison control center,

(l) Outdoor marijuana cultivation facilities,

(m) Money laundering relating to both licensed and unlicensed marijuana, and

(n) The role of organized crime in marijuana.

(3) The division is not required to perform the duties required by this section until the marijuana cash fund, created in section 12-43.3-501, C.R.S., has received sufficient revenue to fully fund the appropriations made to the department of revenue related to articles 43.3 and 43.4 of title 12, C.R.S., and the general assembly has appropriated sufficient moneys from the fund for such duties.

(4) The division shall issue a report of each scientific study and provide it to the judiciary committees of the senate and house of representatives, or any successor committees, the joint budget committee, and the department of revenue and shall post a copy on the division's website.

HISTORY

Source: L. 2013: Entire section added, (SB 13-283), ch. 332, p. 1893, § 9, effective May 28. L. 2016: (1) and IP(2) amended and (4) added, (SB 16-191), ch. 214, p. 826, § 3, effective July 1; (1) and (2)(a) amended, (SB 16-041), ch. 220, p. 837, § 1, effective August 10. L. 2018: (3) amended, (HB 18-1023), ch. 55, p. 588, § 16, effective October 1. L. 2019: (3) amended, (SB 19-224), ch. 315, p. 2939, § 21, effective January 1, 2020.

NOTES

Editor's note: Amendments to subsection (1) by SB 16-191 and SB 16-041 were harmonized.

§24-33.5-517, C.R.S. Criminal Justice Data Collection (Officer-Involved Shooting)-REPEALED

REPEALED
§24-33.5-517, C.R.S. Criminal Justice Data Collection (Officer-Involved Shootings) 24-33.5-517 pdf

(1) Any state or local law enforcement agency that employs a peace officer who is involved in an officer-involved shooting that results in a person suspected of criminal activity being shot at by the officer shall report the following information to the division, in a format specified by the division:

(a) If known, the age, gender, sexual orientation, race, ethnicity, and medically-documented physical or mental disability of the suspect;

(b) If known, the age, gender, race, and ethnicity of the peace officer;

(d) The officer's basis for the shooting;

(e) Whether the officer or any other officer responding to the scene conducted a search and, if so, whether the search was conducted pursuant to probable cause, with consent, or pursuant to any other lawful exception to the warrant requirement, and whether contraband was found and, if so, the nature of the contraband;

(f) Whether the officer or any other officer responding to the scene issued a verbal warning before shooting; and

(g) Whether the officer or any other officer responding to the scene arrested or issued a citation to anyone and, if so, the crimes charged as a result of the arrest or citation.

(2) (a) (I) If a state or local law enforcement agency employed or employs a peace officer as described in section 16-2.5-101, C.R.S., who is involved in an officer-involved shooting from January 1, 2010, through June 30, 2015, it shall report, if available, the information required by subsection (1) of this section to the division by September 1, 2015.

(II) The division shall compile and report the data received pursuant to subparagraph (I) of this paragraph (a) by March 1, 2016. The report shall be provided to the judiciary committees of the house of representatives and senate, or any successor committees, and shall be posted on the division's website.

(b) (I) If a state or local law enforcement agency employs a peace officer as described in section 16-2.5-101, C.R.S., who is involved in an officer-involved shooting during fiscal year 2015-16, or any successive fiscal year through fiscal year 2019-20, it shall report the information required by subsection (1) of this section to the division by September 1 of the following fiscal year.

(II) The division shall compile and report the data received pursuant to subparagraph (I) of this paragraph (b) by March 1 of the following year. The report shall be provided to the judiciary committees of the house of representatives and senate, or any successor committees, and shall be posted on the division's website.

(3) As used in this section, unless the context requires otherwise, "state or local law enforcement agency" means:

(a) The Colorado state patrol created pursuant to section 24-33.5-201;

(b) The Colorado bureau of investigation created pursuant to section 24-33.5-401;

(d) A municipal police department;

(e) The division of parks and wildlife within the department of natural resources created pursuant to section 24-1-124; or

(f) A town marshal's office.

(4) This section is repealed, effective July 1, 2021.

HISTORY

Source: L. 2015: Entire section added, (SB 15-217), ch. 208, p. 756, § 2, effective May 20.

NOTES

Cross references: For the legislative declaration in SB 15-217, see section 1 of chapter 208, Session Laws of Colorado 2015.

§24-33.5-518, C.R.S. Criminal Justice Data Collection (The C.L.E.A.R. Act)

§24-33.5-518, C.R.S. Criminal Justice Data Collection (The C.L.E.A.R. Act) 24-33.5-518 pdf
[See also, §17-26-118 (4) and (5), C.R.S. Criminal Justice Data Collection]

(1) This section shall be known and may be cited as the "Community Law Enforcement Action Reporting Act" or the "C.L.E.A.R. Act".

(2) Each law enforcement agency in the state shall report the data reported pursuant to section 24-33.5-412 (5), including offense and arrest information disaggregated by summons, custody, and on view, to the division for each calendar year by March 31 of the following calendar year.

(3) The judicial department shall collect and report the following data to the division for each calendar year by March 31 of the following calendar year:

(a) The number and types of charges that resulted from the arrests reported pursuant to subsection (2) of this section, the race and gender of the defendants, and the associated incident report numbers;

(b) The disposition of the charges reported pursuant to paragraph (a) of this subsection (3), including convictions at trial, acquittals, plea agreements, and dismissals; the race and gender of the defendants; and the associated incident report numbers;

(c) The sentences imposed for all convictions and plea agreements reported pursuant to paragraph (b) of this subsection (3), the race and gender of the defendants, and the associated incident report numbers; and

(d) If a sentence reported pursuant to paragraph (c) of this subsection (3) is a sentence to probation, whether a petition to revoke probation was filed against the defendant, the disposition of the petition, the race and gender of the defendant, and the associated incident report number.

(4) The state board of parole shall collect and report the following data to the division for each calendar year by March 31 of the following calendar year:

(a) The number of parole hearings held and the race, ethnicity, and gender of the inmates who received parole hearings;

(b) The number of inmates granted parole and the race, ethnicity, and gender of the inmates; and

(4.5) SEE IN SEPARATE SECTION BELOW

(5) The division shall compile and report the data received in subsections (2) to (4.5) of this section by September 30 of each year. The report shall be provided to the judiciary committees of the house of representatives and senate, or any successor committees, and the Colorado commission on criminal and juvenile justice created in section 16-11.3-102, C.R.S.

HISTORY

Source: L. 2015: Entire section added, (SB 15-185), ch. 252, p. 919, § 1, effective August 5. L. 2019: (4.5) added and (5) amended, (HB 19-1297), ch. 394, p. 3509, § 2, effective August 2. L. 2022:(4.5) amended, (HB 22-1208), ch. 125, p. 885, § 2, effective August 10.

§24-33.5-518 (4.5), C.R.S. Criminal Justice Data Collection (Jail Data Collection)

§24-33.5-518 (4.5), C.R.S. Criminal Justice Data Collection (Jail Data Collection) 24-33.5-518 pdf
(See also, §17-26-118 (4) and (5), C.R.S. and entire Section 118 included below for reference.) 17-26-118 pdf

[See also ORS: Data Submission-Jail Data and Dashboard: Jail Data]

(4.5) (a) Beginning January 1, 2020, each jail facility shall report data required to be collected pursuant to section 17-26-118 to the division in accordance with the schedule described in section 17-26-118 (4). Within one month after each reporting deadline, the division shall collect, compile, and publish all data received pursuant to this subsection (4.5) in a searchable and sortable format containing both statewide data and data for each individual jail facility. If possible, the division shall make the data available online in an interactive format.

(5) The division shall compile and report the data received in subsections (2) to (4.5) of this section by September 30 of each year. The report shall be provided to the judiciary committees of the house of representatives and senate, or any successor committees, and the Colorado commission on criminal and juvenile justice created in section 16-11.3-102.

HISTORY

17-26-118. Criminal justice data collection - definitions.
(1) As used in this section, unless the context otherwise requires:

(a) “Average daily population” means the number of confined inmates each day for a year, divided by the number of days in the year.

(b) “Case disposition” means the final judgment, adjudication, adjudication withheld, dismissal, or nolle prosequi of a case.

(c) “Confined inmate” means an inmate under the supervision of a jail facility, including an inmate who is in transit to or from a facility, appearing in or in transit to or from court, held for other jurisdictions, in a hospital or other medical institution for treatment but would otherwise be housed in the jail facility, in a work release program but returns to jail at night, or in a community-based program but returns to jail at night. “Confined inmate” does not include a person who is absent without leave, has escaped, is on long-term transfer to other jurisdictions, or is in a community-based program but does not return to jail at night.

(d) “Hold” means a mechanism preventing a confined inmate’s release from custody on bail, including a hold on behalf of another criminal justice agency, a parole hold, and a probation hold.

(e) “Homeless” means an individual who lacks a fixed, regular, and adequate nighttime residence. An individual is considered homeless if the individual’s primary address is recorded as:

(I) Transient;
(II) A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including welfare hotels, congregate shelters, and transitional housing for persons with behavioral or mental health disorders; or
(III) A public or private place not designed for, nor ordinarily used as, a regular sleeping accommodation for human beings, including but not limited to an automobile, a park, an abandoned building, a bus or train station, or a similar setting.

(f) “Jail facility” means any building, structure, enclosure, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confined, that is operated by a county or city and county.

(g) “Jail management system” means a software program utilized by a jail facility to store jail data and to track inmate information and status beginning at booking and until release.

(h) “Length of stay” means the number of consecutive days that a confined inmate spends in jail, from the date of booking to the date of release, counting any part of one calendar day, including days during which the inmate spends part of the day outside of the jail, as one day.

(i) “Municipal offense” means a violation of, or conduct defined as unlawful by, any municipal code or ordinance.

(j) “Operational capacity” means the number of inmates who can be accommodated in a jail facility based on the number of permanent beds that the facility is designed to hold and the facility’s staff, existing programs, and services.

(k) “Sentenced inmate” means an inmate who is confined and actively serving a sentence requiring a term of imprisonment. An inmate is considered sentenced even if the inmate is unsentenced in a separate case, and even if the inmate has a hold.

(l) “Snapshot” means a data set from a jail facility that represents the required data points as of the reporting date.

(m) “Unsentenced inmate” means an inmate who is confined and awaiting case disposition. An inmate is not considered unsentenced if the inmate is actively serving a sentence requiring a term of imprisonment in a separate case.
(2) The keeper of each jail facility shall keep and maintain a daily record of all data specified in subsection (3) of this section. The information contained in the record must be available to the public at all reasonable hours.

(3) The keeper of each jail facility shall keep and maintain a daily record of the following data:

(a) For each confined inmate, the date of entrance; name; date of birth; age; race; ethnicity; gender; any criminal charges against the inmate, organized by code section, and the jurisdiction charging each offense; term of sentence, if sentenced; bond amount, if bond has been set; and release date;
(b) The operational capacity of the jail facility;
(c) The name of the jail management system used by the facility;
(d) The number of confined inmates in the jail facility;
(e) Counting each confined inmate only once, the following information concerning confined inmates:

(I) The number of sentenced inmates;
(II) The number of unsentenced inmates with a hold; and
(III) The number of unsentenced inmates without a hold;

(f) Counting each unsentenced inmate without a hold only once, the following information concerning unsentenced inmates:

(I) The number whose most serious charged offense is a felony; and
(II) The number whose most serious charged offense is a misdemeanor;

(g) The number of confined inmates held solely for a municipal offense;
(h) The number of confined inmates held in administrative segregation or other custody level in which the inmate is allowed outside of his or her cell for two or fewer hours per day;
(i) The number of confined inmates awaiting a competency evaluation, as defined in section 16-8.5-101 (2); a competency hearing, as defined in section 16-8.5-101 (4); or a restoration hearing, as defined in section 16-8.5-101 (17);
(j) The average daily population of the jail facility;
(k) The average length of stay for each of the following:

(I) Confined inmates who were released within the prior twelve months whose most serious offense is a felony; and
(II) Confined inmates who were released within the prior twelve months whose most serious offense is a misdemeanor;

(l) The number of confined inmates identified as homeless;
(m) The number of deaths of confined inmates; and
(n) The number of bookings into the jail facility.

(4)
(a) On or before the third Friday of each January, April, July, and October, each jail facility shall submit a quarterly report of the data collected pursuant to subsection (3) of this section as of the first day of the month in which the report is submitted to the division of criminal justice within the department of public safety via an electronic survey designed by the division for that purpose. Each quarterly report must include:

(I) A snapshot of the data required by subsections (3)(b) and (3)(c) of this section;
(II) A snapshot of the data required by subsections (3)(d) to (3)(l) of this section organized by race, ethnicity, and gender;
(III) Data concerning the number of deaths of confined inmates, collected pursuant to subsection (3)(m) of this section, as the total of all deaths of confined inmates that occurred since the previous reporting date; and
(IV) Data concerning the number of bookings into the jail facility, collected pursuant to subsection (3)(n) of this section, as the total of all bookings into the jail facility that occurred since the previous reporting date.

(b) If a jail facility is unable to provide any of the data that it is required to report pursuant to this subsection (4), the jail facility shall include in its report an explanation of all good faith efforts to collect and submit the data not included in the report.
(c) If a jail facility fails to submit a quarterly report pursuant to this subsection (4) within thirty days after a reporting date, the jail facility is considered noncompliant for the quarterly reporting period. The executive director of the department of public safety shall send notice of the failure to the noncompliant jail facility.
(d) Repealed.
(e) In addition to the information described in subsection (4)(a) of this section, the report must include information from the prior quarter regarding the number of inmates in the jail whose medicaid was suspended while incarcerated and the number of inmates who were enrolled, or whose medicaid was reinstated, prior to release.

(5) On or before January 1, 2022, and on or before the third Friday of each January, April, July, and October thereafter, the keeper of each local jail shall submit a quarterly report of the data specified in this subsection (5) to the division of criminal justice in the department of public safety through an electronic form designed by the division. Each quarterly report must include:

(a) For each individual placed in restrictive housing as defined in section 17-26-302 (4), anonymized data by month that includes:

(I) The individual’s self-identified race or ethnicity, gender, and age;
(II) Whether the individual has one of the conditions identified in section 17-26-303 (1) and the specific condition;
(III) The placement classification of the individual before being placed in restrictive housing;
(IV) The length of time the individual was in restrictive housing;
(V) If the individual was placed in restrictive housing for a disciplinary reason;
(VI) Whether the individual suffered injury or death while placed in restrictive housing and the manner and cause of the injury or death;
(VII) Whether the individual was charged with a new criminal offense while in restrictive housing and, if so, the offense; and
(VIII) How many times the local jail sought a written order to hold someone beyond fifteen days in restrictive housing and the outcome;

(b) How many individuals in the local jail population have:

(I) An identified mental illness;
(II) An identified substance use disorder;
(III) Both an identified mental illness and substance use disorder;
(IV) Identified neurocognitive issues such as dementia or traumatic brain injury; and
(V) Engaged in self-harming behavior while in the local jail.

History
Source: L. 77:Entire title R&RE, p. 938, § 10, effective August 1.L. 2019:Entire section R&RE,(HB 19-1297), ch. 394, p. 3505, § 1, effective August 2.L. 2020:(3)(i) amended,(HB 20-1402), ch. 216, p. 1047, § 31, effective June 30.L. 2021:(5) added,(HB 21-1211), ch. 322, p. 1981, § 2, effective January 1, 2022.L. 2022:(4)(e) added,(SB 22-196), ch. 193, p. 1293, § 9, effective May 19; (3)(a) and IP(4)(a) amended and (4)(d) repealed,(HB 22-1208), ch. 125, p. 885, § 1, effective August 10.

Research References & Practice Aids
Hierarchy Notes:
C.R.S. Title 17
C.R.S. Title 17, Art. 26

Notes
Editor’s note:
This section is similar to former §27-26-118 as it existed prior to 1977.

Research References & Practice Aids
Cross references:
For the legislative declaration in SB 22-196, see section 1 of chapter 193, Session Laws of Colorado 2022.

§24-33.5-520, C.R.S. Study on Drugged Driving

24-33.5-520. Study on drugged driving - substance-affected driving data-analysis cash fund created - report - definitions. 24-33.5-520 pdf

(1) On or before March 1, 2018, and on or before March 1 each year thereafter, the division shall submit a report to the judiciary committees of the house of representatives and senate, or to any successor committees, that includes, to the extent possible, the following information:

(a) The total number of citations made for suspected substance-affected driving violations during the reporting period;

(b) Of the total number of citations made for suspected substance-affected driving during the reporting period, the total number of such citations that resulted in the filing of a substance-affected driving charge against the driver, including an indication of how many such cases involved alcohol, one or more drugs, or a combination of alcohol and one or more drugs;

(d) Of the cases that resulted in at least one conviction for substance-affected driving, and for which evidentiary test results are available, which drugs, including alcohol, or combination of drugs were present in the defendants' bodies, and, for alcohol and marijuana, the laboratory values;

(e) The total number of DUI and DWAI cases during the reporting period that involved:

(I) Alcohol;

(II) Marijuana;

(III) Schedule I drugs, as described in section 18-18-203, other than marijuana; or

(IV) Other drugs; and

(f) For those cases in which evidentiary test results are available, for each type of biological sample taken, the time that elapsed between the time that each traffic stop or traffic incident occurred and the time at which the biological sample was taken.

(2) (a) For the purpose of producing the report described in subsection (1) of this section, the division shall collect and analyze substance-affected driving violation data as follows:

(I) From the state judicial branch and from the Denver county court, the division shall collect case-identifier data, event data, filing dates, data identifying law enforcement agencies, demographic data relating to each defendant, data indicating the cause of each substance-affected driving citation, court findings, and sentences;

(II) From forensic toxicology laboratories only, and from no other source, the division, to the extent possible, shall collect case-identifier data, event dates and times, collection dates and times, and confirmatory laboratory values from reports created for law enforcement agencies and prosecutors and shall specify the name of each drug that was confirmed and its laboratory value;

(III) From the department of public health and environment, the division shall collect evidentiary breath alcohol test results, including case-identifier data, event dates and times, and the results obtained on evidentiary breath alcohol testing devices certified by the department of public health and environment; and

(IV) From the division of probation services, the division shall collect case-identifier data and, to the extent possible, data concerning the classes and types of drugs that were involved in each substance-affected driving incident.

(b) The database compiled by the division containing personal identifying information relating to the test results of persons' biological samples, and all personal identifying information thereof, are not public information and are not subject to the provisions of the "Colorado Open Records Act", part 2 of article 72 of this title 24. The division shall disclose information only by means of the report described in subsection (1) of this section, which must not include any personal identifying information.

(3) A public or private laboratory carrying out analysis of evidentiary samples that were taken by a law enforcement agency and submitted to the laboratory pursuant to section 42-4-1301.1 shall collect and share test results with the division for the purposes of this section. The division shall not disclose any personal identifying information that is included in such test results.

(4) (a) There is created in the state treasury the substance-affected driving data-analysis cash fund, referred to in this section as the "fund", to include money collected from surcharges assessed pursuant to section 42-4-1307 (10)(e) and any money credited to the fund pursuant to subsection (4)(b) of this section. The money in the fund is subject to annual appropriation by the general assembly to the division for the purpose described in subsection (1) of this section. All interest derived from the deposit and investment of money in the fund remains in the fund. Any unexpended or unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and may not be transferred or credited to the general fund or another fund.

(b) The division may accept any gifts, grants, or donations from any private or public source on behalf of the state for purposes of this section. The division shall transmit all private and public money received through grants, gifts, or donations to the state treasurer, who shall credit the same to the fund.

(c) The division may use money in the fund to reimburse and provide advance payments to state, municipal, and private agencies and laboratories that apply to the division for payment of costs they incur in complying with this section.

(5) Notwithstanding section 24-1-136 (11)(a)(I), the report described in subsection (1) of this section is not subject to the expiration date described in said section 24-1-136 (11)(a)(I).

(6) As used in this section, unless the context requires otherwise:

(a) "Forensic toxicology laboratory" means a forensic toxicology laboratory that is certified by the department of public health and environment to perform testing of samples collected from individuals suspected of DUI, DUI per se, or DWAI.

(b) "Reporting period" means the calendar year ending fourteen months before the March 1 due date of the report.

(c) "Substance-affected driving" means driving in violation of section 42-4-1301 (1)(a), (1)(b), or (2)(a); section 18-3-106 (1)(b); or section 18-3-205 (1)(b).

(7) The department of public safety shall include the report described in subsection (1) of this section in the department's annual presentation to the committees of reference pursuant to section 2-7-203.

HISTORY

Source: L. 2017: Entire section added, (HB 17-1315), ch. 280, p. 1526, § 1, effective August 9.

Criminal Justice Related Links