Policies For Peace Officer Credibility Disclosures
The act creates the peace officer credibility disclosure notification committee (committee), which is required to create a statewide model for peace officer credibility disclosure notifications (statewide model) by December 1, 2021. The statewide model must include policies and procedures that law enforcement agencies and district attorneys' offices are required to adopt and implement on or before January 1, 2022.
The statewide model's policies and procedures must include:
- The circumstances that trigger a law enforcement agency to promptly notify a district attorney if a peace officer's credibility is called into question by a sustained finding;
- The circumstances that trigger a law enforcement agency's obligation to notify a district attorney when a peace officer's credibility is called into question by a criminal or administrative investigation;
- A process for district attorneys to follow for receiving credibility disclosure notifications and maintaining a current record of all credibility disclosure notifications; and
- A process for district attorneys to timely notify a defense attorney or defendant of credibility disclosure notification records (records) and to remove any records when appropriate and lawful.
The act requires district attorneys to review the statewide model's policies and procedures at least every 4 years to ensure compliance with controlling federal and state case law, as well as the Colorado rules of criminal procedure. The act also requires a district attorney to make available to the public the adopted policies and procedures on or before February 1, 2022.
The act, subject to available appropriations, requires the P.O.S.T. board to create and maintain a database, in a searchable format to be published on its website, containing information related to a peace officer's actions that resulted in a credibility disclosure notification.
(Note: This summary applies to this bill as enacted.)