COLORADO DEPARTMENT OF LAW
PEACE OFFICER STANDARDS AND TRAINING BOARD

RULES CONCERNING BASIC PEACE OFFICER CERTIFICATION EXAMINATIONS

STATEMENT OF BASIS, STATUTORY AUTHORITY, AND PURPOSE

Pursuant to § 24-31-303 (1) (g) and § 24-31-305(1.7)(c), C.R.S., the Colorado Peace Officer Standards and Training Board (POST) has the authority and duty to promulgate rules and regulations deemed necessary by such board for the certification of applicants to serve as peace officers or reserve officers in the state pursuant to the provisions of article 4 of Title
24 and may also promulgate rules for the renewal of peace officer certification.

Amendments are proposed to Rules 1, 11 and 13 to correct grammatical and style errors, remove  reference  to  repealed  statutes  and  POST  practices,  increase  the  number  of mandated  hours  for  the  refresher  academy  and  add  arrest  control  instruction  to  the renewal of basic certification and provisional certification requirements.  The repeal of Rule
27 is proposed because the carrying of concealed firearms by qualified retired law enforcement officers is governed by federal law, 18 U.S.C. § 926C,  the Law Enforcement Officers Safety Act Improvement Act, amended January 2, 2013.

It has been declared by the General Assembly that certification and training standards of peace officers is a matter of statewide concern.  The absence of implementing rules to carry out the purpose of the statutes would be contrary to the public health, peace, safety and welfare of the state.   For these reasons, it is imperatively necessary that these proposed amendments be adopted.

RULE 1 –Definitions
Effective December 1, 2012February 7, 2014

As used in these rules:

(a)	"Academy director" means that person responsible for the administration and operation of a POST-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.TACT"  means  Arrest  Control  Tactics,  one  of  the  skills  training programs required for the basic and reserve training academies.

(f)	"Assistant  Sskills  Iinstructor"  means  an  individual  who  has  successfully completed a relevant, approved skills INSTRUCTOR 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
POST Certification as described in § 24-31-305 and 24-31-308, C.R.S.

(l)	"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.

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

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

(o)	"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.

(p)	"Director" means the director of the POST Board staff.

(q)	"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.

(r)      "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.

(s)	"Fingerprint-based criminal history record check" means submittal of a POST 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.

(t)	"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.

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

(v)	"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.

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

(x)	"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.

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

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

(aa)    "POST 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.

(bb)    "POST fingerprint card" means a FINGERPRINT CARD PROVIDED BY POST. U.S. GPO: 2001 483-800/2-02321 FD-258 (Rev. 5-11-99 3-1-10) Applicant fingerprint card. The POST fingerprint card is stamped with the POST 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)(Ff), C.R.S.".

(cc)     "POST Identification Number" (PID) means a number assigned and unique to	each   active   peace   officer's   certification   file.   All   inquiries   and correspondence to POST should contain this number.

(dd)    "POST ID Card" means an identification card with a unique identification number issued  by  the  POST  Board  to  all  active  peace  officers  who  are certified by POST under Article 16, Section 2.5 of the Colorado Revised Statutes. The POST ID Card contains personal information related to the officer's POST certification file and history.

(ee)(dd)"Program director" means that person responsible for the administration and operation of a POST-approved training program.

(ff)(ee)"Provisional certification" means a signed instrument issued by the POST 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.

(gg)(ff)"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.FBI) system, Koga system and Pressure Point Control Tactics (P.P.C.T.PPCT) system.

(hh)(gg)"Refresher academy" means an approved training program that consists of a minimum of 88 96 hours of instruction and includes academics or a POST Board approved web-based distance learning program, arrest control, law enforcement driving and firearms.

(ii)(hh)"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.

(jj)(ii) "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 POST Rule 13.

(kk)(jj)"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 AND 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.

(ll)(kk)"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.

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

(nn)(mm)"Skills-only training academy" means an approved academy instructing arrest control, law enforcement driving, and firearms, which meets the skills requirements under the POST basic curriculum and these Rules.

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

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

(qq)(pp)"Subject Matter Expert” (S.M.E.SME) 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.

(rr)(qq)"Successful  completion"  means  a  POST-approved  academy  ofr  program score of seventy (70) percent or greater, or a grade of "C" or better, or a rating of pass, if offered as pass/fail. For the certification examination passing score, see Rule 15.

(rr)"Training academy" means a  POST-approved school, agency or other entity that provides POST approved training programs.

(ss)"Training program" means a  POST-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 11 – Provisional Certification
Effective January 1, 2012 February 7, 2014

(a)	The Board is authorized to issue a provisional certification letter to any applicant who is authorized to serve as a certified peace officer by  any  other  state  or  federal  jurisdiction,  excluding   the   armed forces, which has established minimum law enforcement training standards that are equivalent to the standards established by Colorado as determined by the POST Director. The provisional applicant must be fully certified and have served for a minimum of one year within the last three years.   The applicant must additionally meet ALL OF the following requirements:

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

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

(III)	Truthfully	completes 	and	submits 	the	POST	Form	3	–
Application for Provisional Certification; and

(IV)	Successfully completes  the  fingerprint-based  criminal  history record check required under Rule 14; and

(V)     Passes the certification examination pursuant to Rule 15 or, if leaving  active  out-of-  state     (the     state     in     which    the individual   is  certified)  or  federal  peace  officer employment, P A S S   T H E   C E R T I F I C A T I O N   E X A M   within  six (6)  months  f rom  the  date  of  issuance  of  the   provisional certification.

(b)    A provisional certification letter authorizes the holder to serve as a certified Colorado peace officer for not more than six (6) months.

(c)     The Board shall issue a basic certificate to the holder of a provisional certification letter if such person satisfies any combination of the following skills proficiency requirements, or, if leaving active out-of- state  (the  state  in  which  the  individual  is certified)  or  recognized federal      peace      officer      employment,      S A T I S F I E S      A N Y C O M B I N A T I O N         O F     T H E     F O L L O W I N G     S K I L L S P R O F I C I E N C Y R E Q U I R E M E N T S within   six     (6)     months from the date of issuance of the provisional   certification:

(I)	Successfully  completes  skills training	at	a	POST-approved basic peace officer training academy; or

(II)	Successfully  completes  a  POST- approved  refresher  academy, including the  ARREST CONTROL, law enforcement driving, and firearms skills training and later submits documentation from the employing agency that the applicant is proficient in the agency’s arrest control component; or

(III)   Passes  a  skills  examination  pursuant  to  Rule  16  in  each  of the  three   (3)   skills disciplines  at  a  POST  test-out  site,  or passes all  portions of  the  three  (3)  skills examinations  at  a regional test-out site, as documented by an approved skills instructor. Approved skills instructors include: SME committee members or POST-approved designees who are not a members of the applicant’s employing agency; or,

(IV)	Passes only some portions of the examinations referred to in (III) and the applicant elects to complete prescribed remedial training with respect to those   portions not passed and successfully passes the skills test-out examination following the remedial training; or

(V)     Passes   a   POST-approved   lateral   training   academy   that includes agency-specific academic courses and skills training in arrest control, law enforcement driving and firearms.

(d)	The POST-approved skills instructor must submit the completed POST Skills
Testing Grade Sheet to POST.

(e)   Persons desiring  additional  time  to  complete  the  basic  certification requirements beyond the initial six (6) months provided by the provisional certification letter must  petition the  Director and demonstrate good cause why such additional time should be granted.

Rule 13 – Renewal of Basic Certification
Effective March 8, 2004 February 7, 2014

The Board is authorized to renew a basic certificate for any applicant who:

(a)	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; and

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

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

(d)(c) Truthfully completes and submits the POST Form 4 – Application for Renewal of Basic Certification; and

(e)(d) Successfully  completes  the  fingerprint-based  criminal  history  record  check required under Rule 14; and

(f)(e)  Passes the certification examination pursuant to Rule 15; and

(g)(f)  Satisfies any combination of the following skills proficiency requirements:

(I)	Successfully completes skills training at a POST approved basic peace officer training academy; or

(II)     Successfully completes a POST approved refresher academy, including the ARREST CONTROL,  law enforcement driving, and firearms skills training and later submits documentation from the employing agency
 that  the  applicant  is  proficient  in  the  agency’s  arrest  control  component ;
or

(III)    Passes a skills examination pursuant to Rule 16 in each of the three (3) skills disciplines at a POST test-out site, or passes all portions of the three (3) skills examinations at a regional test-out site, as documented by an approved skills instructor.  Approved skills instructors include:  SME committee members or POST approved designees who are not a member of the applicant’s employing agency; or,

(IV)    Passes only some portions of the examinations referred to in (III) and the applicant elects to complete prescribed remedial training with respect to those portions not passed and successfully passes the skills test-out examination following the remedial training.; and,

(ftt(g) The  POST-approved skills  instructor must submit the  completed POST Skills
Testing Grade  Sheet  to POST.

Rule 27 - Retired Law Enforcement Officer Authority to Carry
Concealed Firearms
Effective July 11, 2011
Federal Law Effective October 12, 2010

Pursuant to Chapter 44 of Title 18, United States Code, § 926C, the "Law Enforcement Officer Safety Act Improvement Act of 2010", and notwithstanding any other provision of the laws of the State of Colorado or any political subdivision thereof, an individual who is a qualified retired law enforcement officer who is carrying the identification required may carry a concealed firearm.

I. 	Colorado Concealed Weapons Permit.

(A) 	Nothing in this rule will prohibit a retired law enforcement officer from seeking and obtaining a concealed weapons permit pursuant to Title
18, Article 12, Section 2, C.R.S.

II. 	Federal 	Eligibility 	Requirements 	for 	qualified 	Retired 	Law
Enforcement Officers.

(A)     It will be the responsibility of the retired peace officer to determine if he/she meets the criteria of being a "qualified retired law enforcement officer." As used in this rule, the term "qualified retired law enforcement officer" means an individual who:

(1) 	Separated in good standing from service with a public agency as a law enforcement officer; and

(2)      Before such separation, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for any violation of law and had statutory powers of arrest; and

(3) 	(a) 	Before  such  separation  served  as  a  law  enforcement
 	officer for an 	aggregate of 10 years or more; or

 	(b) 	Separated from service with such agency after completing
 	any 	applicable probationary period of such service, due
 	to a service- connected disability as determined by such
 	agency; and

(4)      During the most recent 12-month period has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers, as determined by;

 	(a) 	The former agency of the individual; or

 	(b) 	A law enforcement agency within the state in which the
 	individual 	resides; or

 	(c) 	The standards used by a certified firearms instructor that
 	is 	qualified to conduct a firearms qualification test for
 	active duty   officers within the state; and

(5) 	(a) 	Has  not  been  officially  found  by  a  qualified  medical
 	professional employed by the agency to be unqualified for
 	reasons relating to mental health and as a result of this
 	finding will not be issued the 	required 	photographic
 	identification; or

 	(b) 	Has not entered into an agreement with the agency from
 	which the 	individual  is   separating  from   service  in
 	which that individual 	acknowledges he or she is not
 	mental health and for those reasons will not  receive 	or
 	accept the required photographic identification;

(6) 	Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

(7) 	Is not prohibited by Federal law from receiving a firearm.

III. 	The identification required by Federal law and this rule is:

(A) 	(1) 	Photographic identification issued by the agency from which the
 	individual separated from service as a law enforcement officer
 	that   indicates that the individual has, not less recently than
 	one year before the 	date  the  individual  is  carrying  the
 	concealed firearm, been tested or 	otherwise  found  by  the
 	agency to meet the active duty standards for qualification 	in
 	firearms  training  as  established  by  the  agency  to  carry  a
 	firearm of the same type as the concealed firearm; or

 	(2) 	Photographic identification issued by the agency from which the
 	individual separated from service as a law enforcement officer;
 	and

(B)     A certification issued by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that state that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within  that   state   to   have   met   the   active   duty   standards   for

qualifications in firearms training, set by any law enforcement agency, within the state to carry a firearm of the same type as the concealed firearm.

IV. 	Renewal of the Authority to Carry Concealed Firearms

(A) Pursuant to the Law Enforcement Officer Safety Act Improvements Act of
2010,  the  authority  to  carry  concealed  weapons  must  be  renewed annually,  at  the  expense  of  the  individual,  through  the  successful
completion of an approved active duty firearms qualification course. Failure to successfully complete the course will cause the authority to carry concealed firearms to be rescinded.

REPEALED FEBRUARY 7, 2014