PRELIMINARY DRAFT OF AMENDMENTS

Department of Law
Peace Officer Standards and Training Board
PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION
4 CCR 901-1 (2012)

RULE 1 – 	DEFINITIONS

As used in these rules:

(a)	"Academy director" means that person responsible for the administration and operation of a P.O.S.T. approved academy.

(b)	"Applicant" means any person formally seeking approval by the Board.

(c)	"Appointed" means sworn in and serving as a peace officer or reserve peace officer.

(d)	"Approved" means formally accepted or authorized by the Board.

(e)	"A.C.T." means Arrest Control Tactics, one of the skills training programs required for the basic and reserve training academies.

(f)	"Assistant Skills Instructor" means an individual who has successfully completed a relevant, approved skills training program and who may instruct the corresponding skills training program in arrest control, law enforcement driving, or firearms under the direction and in the presence of a full skills instructor, and assist in evaluating and coaching trainees at a basic or reserve training academy.

(g)	"Authorized emergency vehicle" means such vehicles identified in 42-1-102 C.R.S.

(h)	"Board" means the Colorado Peace Officer Standards and Training Board.

(i)	"Bodily injury" means physical pain, illness, or any impairment of physical or mental condition. § 18-1-901(3)(c), C.R.S.

(j)	"Certification examination" means the written test required under § 24-31-305(1)(a)(III), C.R.S.

(k)	"Certified peace officer" means any person who has successfully attained P.O.S.T. Certification as described in § 24-31-305 and 24-31-308, C.R.S.

(l)	"Conditional peace officer authority" means a signed instrument issued by the P.O.S.T. Board that allows a graduate of a P.O.S.T. approved basic peace officer training program to serve as a fully authorized peace officer as described in § 24-31-301(3.5), C.R.S.

(ml) "Conviction" means an adjudication of guilt following either a verdict of guilty by the court or jury, or a plea of guilty, or a plea of nolo contendere. Conviction includes deferred judgments and deferred sentences.

(nm)	"Course" means a formal unit of instruction relating to a particular subject.

(on)	"C.R.S." means Colorado Revised Statutes, codified laws of the State of Colorado.

(po)	"Dimlight" means from one-half hour after local sunset to one-half hour before local sunrise. For indoor ranges, artificial light must be reduced to the lowest level which still allows for target identification and threat assessment without additional illumination from a flashlight.

(qp)	"Director" means the director of the P.O.S.T. Board staff.

(rq)	"Enroll" means that a person has applied to and been accepted for admission into an academy and is physically present at the academy to receive instruction.

(sr)	"Enrollment date" means the first day of instruction at an approved basic or reserve training academy, and shall be synonymous with the first day of instruction as reflected on the approved academy schedule.

(ts)	"Fingerprint-based criminal history record check" means submittal of a P.O.S.T. fingerprint card to the Colorado Bureau of Investigation (CBI) for criminal history check in CCIC and NCIC, as required in § 24-31-304(3), C.R.S.

(ut)	"Full skills instructor" means an individual who has successfully completed the minimum qualifications required by these Rules and who may develop, implement and evaluate a skills training program at a basic or reserve training academy.

(vu)	"Lateral training academy" means an agency-specific approved academy that instructs academic courses determined by the agency and all hours of the P.O.S.T. skills training programs in arrest control, law enforcement driving and firearms.

(wv)	"Lead skills instructor" means a full skills instructor at a basic or reserve training academy who may be designated by the academy director to oversee or coordinate the administration of a specific skills program for a particular academy class.

(xw)	"Lesson plan" means a document that specifically describes the material presented during a course of instruction.

(yx)	"Moving training" means training where the academy students are involved in movement with a loaded weapon. It is recognized that during square range drills, academy students may move 1-2 steps laterally or forward/backward. The 1:1 ratio is not required for this drill. For all other drills/exercises involving movement a 1:1 ratio is required.

(zy)	"Operable firearm" means a firearm that is capable of discharging a projectile (bullet) if loaded.

(aaz)	"Peace officer" means any person recognized in § 16-2.5-101, C.R.S.

(bbaa)"P.O.S.T. certified" means any person possessing a valid, numbered certificate issued by the Board authorizing such person to serve as a peace officer or reserve peace officer.

(ccbb)	"P.O.S.T. fingerprint card" means a U.S. GPO: 2001 483-800/2-02321 FD-258 (Rev. 5-11-99) Applicant fingerprint card. The P.O.S.T. fingerprint card is stamped with the P.O.S.T. logo and address in the employer and address block, and stamped with "Law Enforcement Licensing (Must be submitted by a Law Enforcement Agency) § 24-31-303(1)(F), C.R.S.".

(ddcc)	"P.O.S.T. Identification Number" means a number assigned and unique to each active peace officer's certification file. All inquiries and correspondence to P.O.S.T. should contain this number.

(eedd)"P.O.S.T. ID Card" means an identification card with a unique identification number issued by the P.O.S.T. Board to all active peace officers who are certified by P.O.S.T. under Article 16, Section 2.5 of the Colorado Revised Statutes. The P.O.S.T. ID Card contains personal information related to the officer's P.O.S.T. certification file and history.

(ffee)	"Program director" means that person responsible for the administration and operation of a P.O.S.T. approved training program.

(ggff)	"Provisional certification" means a signed instrument issued by the P.O.S.T. Board that grants interim certification for qualified out-of-state peace officers seeking Colorado certification that enables the provisional applicant to obtain appointment as a peace officer in Colorado while fulfilling the requirements for basic certification.

(hhgg)"Recognized disciplines for arrest control training" mean those defensive tactics systems that have been reviewed and approved by the Board in consultation with the Arrest Control Subject Matter Expert Committee. Such systems may include, but are not limited to, Federal Bureau of Investigation (F.B.I.) system, Koga system and Pressure Point Control Tactics (P.P.C.T.) system.

(iihh)	"Refresher academy" means an approved training program that consists of a minimum of 88 hours of instruction and includes academics or a P.O.S.T. Board approved web based distance learning program, law enforcement driving and firearms.

(jjii)	"Relevant approved skills instructor training program" means a basic, not advanced, instructor training program that contains a minimum of forty (40) hours of instruction and with instructional content that meets or exceeds the content of the respective instructor training programs for arrest control, law enforcement driving, or firearms, and that has been formally accepted or authorized by the Board.

(kkjj)	"Renewal applicant" means an applicant whose Colorado peace officer certificate has expired per § 24-31-305(1.7)(b), C.R.S., and who has applied to renew his/her Colorado peace officer certificate in accordance with § 24-31-305(1.7)(c), C.R.S. and P.O.S.T. Rule 13.

(llkk)	"Reserve peace officer" means any person described in § 16-2.5-110, C.R.S., and includes any person authorized to carry a firearm, conduct arrests, or enforce the laws of the state of Colorado pursuant to § 16-2.5-110, C.R.S., but does not include any person appointed by a sheriff limited to particular acts pursuant to § 30-10-506 and 510, C.R.S.

(mmll)	"Serious bodily injury" means bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree. § 18-1-901(3)(p), C.R.S.

(nnmm)"Skills examination" means the approved practical test of an applicant's proficiency in arrest control, law enforcement driving, or firearms.

(oonn)"Skills-only training academy" means an approved academy instructing arrest control, law enforcement driving, and firearms, which meets the skills requirements under the P.O.S.T. basic curriculum and these Rules.

(ppoo)"Skills training" means the required approved arrest control, law enforcement driving, and firearms courses.

(qqpp)"State" means any State in the United States, the District of Columbia, and any territory or possession of the United States.

(rrqq)	"Subject Matter Expert (S.M.E.)" means an individual formally recognized by the Board for his or her extensive knowledge, expertise and/or experience in one of the skills areas or in academics.

(ssrr)	"Successful completion" means a score of seventy (70) percent or greater, or a grade of "C" or better, or a rating of pass, if offered as pass/fail.

(ttss)	"Training academy" means a P.O.S.T. approved school, agency or other entity that provides P.O.S.T. approved training programs.

(uutt)	"Training program" means a P.O.S.T. approved course of instruction required by statute, or Rule, or for peace officer certification and other peace officer training programs as otherwise recognized and approved by the Board.

RULE 10 - 	CONDITIONAL PEACE OFFICER AUTHORITY AND BASIC 	PEACE OFFICER CERTIFICATION

(a)	Conditional Peace Officer Authority

(Ia)	The P.O.S.T. Board is authorized to issue a letter of conditional peace officer authority P.O.S.T. Basic Peace Officer Certification to any applicant who meets the following requirements:

(AI)	Possesses and submits a copy of his/her high school diploma, or high school equivalency certificate; and

(BII)	Possesses and submits a copy of his/her current first aid and cardiopulmonary resuscitation certification, or equivalents; and

(CIII)	Truthfully completes and submits the P.O.S.T. Form 1A - Application for Conditional Peace Officer Authority P.O.S.T. Form 1 - Application for Basic Peace Officer Certification; and

(DIV)	Successfully completes the fingerprint-based criminal history record check required under Rule 14 and has not been released or discharged from the Armed Forces of the United States under dishonorable conditions, per § 24-31-301(5), C.R.S.; and

(EV)	Successfully completes an approved basic training academy, including skills training, within the previous two years and submits a copy of his/her academy certificate of completion; and

(FVI)	Passes the certification examination pursuant to Rule 15.

(IIb)	A P.O.S.T. Letter of Conditional Peace Officer Authority P.O.S.T. Basic Peace Officer Certification qualifies the person to seek employment and serve as a fully authorized peace officer with any Colorado law enforcement agency recognized in Article 2.5 of Title 16, C.R.S and § 24-31-301(3.5), C.R.S.

(III)	Sections described in § 24-31-301(3.5) include: § 16-2.5-102, § 16-2.5-103(1), § 16-2.5-105 to 16-2.5-114, § 16-2.5-116(1), § 16-2.5-117(1), § 16-2.5-120, § 16-2.5-121, § 16-2.5-123 to 16-2.5-126, § 16-2.5-128 to 16-2.5-130, § 16-2.5-132 to 16-2.5-136, § 16-2.5-139 to 16-2.5-142, § 16-2.5-145 and § 16-2.5-146.

(IV)	A Letter of Conditional Peace Officer Authority is valid for one year from date of issuance, but may be extended for a continuing period of not more than six months. Persons desiring an extension must petition the director, in writing, and demonstrate good cause why such additional time should be granted.

(V)	Upon full expiration of conditional peace officer authority (18-months), a person may renew the Letter of Conditional Peace Officer Authority through the successful completion of a P.O.S.T. approved refresher academy (academic and skills training) program.

(VI)	The P.O.S.T. Board may grant variances from the requirements of section (a)(II) through (IV) of this rule to any individual, including any individual called to active duty by the Armed Forces of the United States.

(b) Basic Peace Officer Certification

(I)	The P.O.S.T. Board is authorized to issue P.O.S.T. Basic Peace Officer Certification to persons holding Conditional Peace Officer Authority and who have been employed for at least one year in good standing with the same law enforcement agency as specified in § 24-31-301(3.5), C.R.S.

(II)	Sections described in § 24-31-301(3.5) include: § 16-2.5-102, § 16-2.5-103(1), § 16-2.5-105 to 16-2.5-114, § 16-2.5-116(1), § 16-2.5-117(1), § 16-2.5-120, § 16-2.5-121, § 16-2.5-123 to 16-2.5-126, § 16-2.5-128 to 16-2.5-130, § 16-2.5-132 to 16-2.5-136, § 16-2.5-139 to 16-2.5-142, § 16-2.5-145 and § 16-2.5-146.

(III)	Applicants for full basic peace officer certification must complete a P.O.S.T. Form 1 - Application for Basic Peace Officer Certification, with verification from the employing agency.

(IVc)	A basic certification shall expire automatically if the holder is not serving and has not served as a peace officer or reserve peace officer for at least six (6) months within the previous three (3) years.

(Vd)	A certified peace officer who has obtained basic certification may maintain current status as a certified peace officer while serving in a reserve peace officer position, recognized in § 16-2.5-110, C.R.S.

(VIe)	A certified reserve peace officer seeking regular basic peace officer certification may apply his/her successfully completed skills training, obtained through the reserve peace officer certification program at a P.O.S.T. approved reserve academy, towards basic peace officer certification. Acceptance of the skills training is at the option of the director of the basic peace officer training academy to which the applicant is seeking enrollment.

RULE 15 -	CERTIFICATION EXAMINATION - CONDITIONALBASIC, 	PROVISIONAL, RENEWAL

(a)	To be eligible to take the certification examination, an applicant must complete and submit to P.O.S.T., as applicable, either:

(I)	Form 1A - Application for Conditional Peace Officer Certification Form 1 - Application for Basic Peace Officer Certification; or

Form 3 - Application for Provisional Certification; or

Form 4 - Application for Renewal of Basic Certification; and

(II)	A copy of his/her approved basic training academy diploma; and

(III)	A copy of his/her high school diploma, or high school equivalency certificate; and

(IV)	A copy of his/her current first aid and cardiopulmonary resuscitation certification, or equivalents; and

(V)	A law enforcement agency check, purchase order, certified check, money order, or by electronic payment in the prescribed amount.

(b)	Certification examinations will be conducted by P.O.S.T. staff or P.O.S.T. approved designated proctor at academy locations. However, if the number of students sitting for the examination is four (4) or fewer, the students shall be required to take the examination at a location designated by P.O.S.T.

(c)	Refunds of certification examination fees shall not be provided unless the examination is postponed or canceled or under such other exceptional circumstances as determined by the Director. Otherwise, non-refunded fees may be credited to allow the applicant to take the next administration of the certification examination. Further credits or extensions shall not be permitted.

(d)	An applicant has a maximum of three attempts to pass the P.O.S.T. certification examination. The three attempts must be completed within two (2) years after completion of the academy. Applicants taking the examination for a second or third time must pay the fee for the additional examination, and such examination shall not be comprised of the same questions that comprised the prior examinations. If an applicant cannot pass the certification examination after three attempts, he or she must retake and successfully complete basic training in accordance with Rule 10(a)(I)(e)(V).

(e)	Any protest or challenge to an examination or its administration must be made in writing within ten (10) days of the examination. The Director shall issue his decision in writing within twenty (20) working days. The decisions of the Director shall be final, unless appealed to the Board in accordance with Rule 3(b).

(f)	An applicant must provide a valid photo ID prior to taking exam.

RULE 18 - 	CERTIFICATION SUSPENSION AND REVOCATION -- BASIC, 	CONDITIONAL, PROVISIONAL, RENEWAL, AND RESERVES

 (a)	A suspension temporarily invalidates the subject certification until such time as the defect has been remedied. Any certification shall be suspended by the Board if the holder wrongfully obtained the certificate through misrepresentation, neglect or mistake.

(b)	A revocation permanently invalidates the subject certification. Any certification shall be revoked by the Board if the holder:

(I)	Has been convicted of a felony or any misdemeanor as referenced in § 24-31-305(1.5), C.R.S. (2005) in any jurisdiction; or

(II)	Wrongfully obtained certification through fraud or misrepresentation; or

(III)	Has not met any other requirements imposed by the Board.