Cynthia H. Coffman
Attorney General

Melanie J. Snyder
Chief Deputy Attorney General

Leora Joseph
Chief of Staff

Frederick R. Yarger
Solicitor General

STATE OF COLORADO
DEPARTMENT OF LAW

Ralph L. Carr
Colorado Judicial Center
1300 Broadway, 9th Floor
Denver, Colorado  80203
Phone (720) 508-6000
Peace Officer Standards
and Training

November 16, 2017
MEmorandum
TO:	POST Board
FROM:	Stacy L. Worthington
Senior Assistant Attorney General
Civil Litigation & Employment Section
RE:	Emergency justification for revisions to Rule 8
	In 2016, the General Assembly amended § 24-31-305(1.5), C.R.S., to add section (b), which requires the POST Board to deny certification to individuals who entered into deferred judgment and sentencing, deferred prosecution, or pretrial diversion agreements on the crimes described in § 305(1.5)(a) if the POST Board determines that certification is not in the public interest.

	POST staff have recently learned that several academies have admitted cadets who had entered into one of the agreements described above because the current language of Rule 8 states that those agreements are not convictions once the agreement is satisfactorily completed. That language conflicts with the revised statute, and is causing prejudice to the academies and cadets who were admitted based upon that language.

	The proposed revisions to Rule 8 are, therefore, imperatively necessary to comply with state law, and compliance with the requirements of § 24-4-103, C.R.S., would be contrary to the public interest.