Colo. Rev. Stat. § 22-32-146

Current through 11/5/2024 election
Section 22-32-146 - School use of on-site peace officers as school resource officers
(1) If a school resource officer or other law enforcement officer acting in his or her official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event arrests a student of the school, the officer shall notify the principal of the school or his or her designee of the arrest within twenty-four hours after the arrest.
(2) If a school resource officer or other law enforcement officer acting in his or her official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event issues a summons, ticket, or other notice requiring the appearance of a student of the school in court or at a police station for investigation relating to an offense allegedly committed on school grounds, in a school vehicle, or at a school activity or sanctioned event, the officer shall notify the principal of the school or his or her designee of the issuance of the summons, ticket, or other notice within ten days after the issuance of the summons, ticket, or other notice.
(3) A school resource officer shall be familiar with the provisions of the conduct and discipline code of the school to which he or she is assigned.
(4) Commencing August 1, 2013, and continuing through August 1, 2014, each law enforcement agency employing or contracting with any law enforcement officer who is acting or has acted in his or her official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event shall report to the division of criminal justice created in section 24-33.5-502, C.R.S., in aggregate form without personal identifying information, data about the cases handled by the agency on school grounds, in a school vehicle, or at a school activity or sanctioned event. Failure to submit a timely report to the division of criminal justice pursuant to this subsection (4) does not relieve a law enforcement agency of its responsibility to file the report required by this subsection (4). A law enforcement agency that has failed to file a timely report shall file all such reports with the division of criminal justice no later than August 15, 2015. Each such report must include, at a minimum, the following information:
(a) The number of students investigated by the officer for delinquent offenses, including the number of students investigated for each type of delinquent offense for which the officer investigated at least one student;
(b) The number of students arrested by the officer, including the offense for which each such arrest was made;
(c) The number of summonses or tickets issued by the officer to students; and
(d) The age, gender, school, and race or ethnicity of each student whom the officer arrested or to whom the officer issued a summons, ticket, or other notice requiring the appearance of the student in court or at a police station for investigation relating to an offense allegedly committed on school grounds, in a school vehicle, or at a school activity or sanctioned event.
(5)
(a) On or before August 1, 2015, each law enforcement agency that is acting or has acted in its official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event shall report to the division of criminal justice, in the formats developed by the division in conjunction with local law enforcement agencies, the information required pursuant to paragraph (c) of this subsection (5) that is related to all student tickets, summonses, or arrests that occurred during the 2014-15 academic year, excluding incidents that occurred during the summer of 2014, at a public elementary school, middle or junior high school, or high school; in a school vehicle; or at a school activity or sanctioned event.
(b) Notwithstanding the provisions of section 19-1-303(5), C.R.S., on or before August 1, 2016, and every August 1 thereafter, each law enforcement agency that is acting or has acted in its official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event shall report to the division of criminal justice, in formats developed by the division in conjunction with local law enforcement agencies, the information required pursuant to paragraph (c) of this subsection (5) that is related to all student tickets, summonses, or arrests that occurred for the previous academic year, including incidents that occurred during the previous summer months, at a public elementary school, middle or junior high school, or high school; in a school vehicle; or at a school activity or sanctioned event.
(c) For each report required pursuant to paragraph (a) or (b) of this subsection (5), the law enforcement agency shall report:
(I) The student's full name;
(II) The student's date of birth;
(III) The student's race, ethnicity, and gender;
(IV) The name of the school where the incident occurred or the name of the school that operated the vehicle or held the activity or event;
(V) The date of the arrest or taking of a student into custody;
(VI) The date of the issuance of the summons or ticket;
(VII) The arrest or incident report number as recorded by the law enforcement agency;
(VIII) The single most serious offense for which a student is arrested, issued a summons, or issued a ticket using the national crime information center (NCIC) crime code;
(IX) The type of weapon involved, if any, for offenses classified as group A offenses under the national incident-based reporting system; and
(X) The law enforcement agency's originating reporting identifier.
(d) A law enforcement agency may report the information required pursuant to this subsection (5) on a monthly, quarterly, or annual basis. The law enforcement agency shall inform the division of criminal justice of the reporting schedule it will follow.

C.R.S. § 22-32-146

Amended by 2016 Ch. 103,§ 4, eff. 4/15/2016.
Amended by 2015 Ch. 323,§ 3, eff. 6/5/2015.
L. 2012: Entire section added, (HB 12-1345), ch. 188, p. 738, § 23, effective May 19. L. 2015: IP(4) amended and (5) added, (HB 15-1273), ch. 323, p. 1320, § 3, effective June 5. L. 2016: (5)(b) amended, (HB 16-1098), ch. 103, p. 298, § 4, effective April 15.