Legislative Mandates

According to the Colorado Revised Statutes, the Office of Research and Statistics (ORS) has several mandates. Many of the ORS mandates are listed in Section 503, Part 33.5 of Article 24, C.R.S. Additional ORS mandates have been appended to subsequent sections in Part 33.5 and are listed below. Note that these mandates may include references to other offices within the Division of Criminal Justice as well as other state agencies.

Last updated: 08/26/2020 

§24-33.5-503. Duties of the Division

24-33.5-503. Duties of the Division: pdf format

(1) The division has the following duties:

(a) In cooperation with other agencies, to collect and disseminate information concerning crime and criminal justice for the purpose of assisting the general assembly and of enhancing the quality of criminal justice at all levels of government in this state,

(b) To analyze this state's activities in the administration of criminal justice and the nature of the problems confronting it and to make recommendations and to develop comprehensive plans of action for the improvement of criminal justice and for crime and delinquency control and related matters for consideration and implementation by the appropriate agencies of state and local government. In developing such plans, the division shall draw upon the planning capabilities of other agencies, particularly the judicial department and the department of corrections.

(c) To advise and assist law enforcement agencies in this state to improve their law enforcement systems and their relationships with other agencies and the statewide system,

(d) To act as the state planning agency under the federal "Crime Control Act of 1973", Pub.L. 93-83,

(e) To do all things necessary to apply for, qualify for, accept, and expend any state, federal, or other moneys made available or allotted under said Public Law 93-83 and under any other law or program, including the Colorado community policing program described in part 6 of this article, designed to improve the administration of criminal justice, court systems, law enforcement, prosecution, corrections, probation and parole, juvenile delinquency programs, and related fields,

(f) To administer a statistical analysis center for the purpose of collecting and analyzing statewide criminal justice statistics,

(g) To establish and maintain a jail health care project to assist detention facilities in acquiring accreditation from the American medical association, provide technical assistance to jails relating to the development, upgrading, and evaluation of inmate health care delivery systems, act as an educational clearinghouse for information related to jail health care, assist in the development of specialized training programs for detention personnel, provide technical assistance in the planning and construction of new jail facilities relating to inmate health care delivery systems, and implement cooperation between community and state agencies to improve detention health care,

(h) Repealed.

(i) To promulgate rules and regulations which set minimum standards for temporary holding facilities as defined in section 19-1-103 (106), C.R.S.,

(j) To carry out the duties specified in article 27.8 of title 17, C.R.S.,

(k) To carry out the duties prescribed in article 11.5 of title 16, C.R.S.,

(l) To carry out the duties prescribed in article 11.7 of title 16, C.R.S.,

(m) To provide information to the director of research of the legislative council concerning population projections, research data, and other information relating to the projected long-range needs of correctional facilities and juvenile detention facilities and any other related data requested by the director,

(n) To carry out the duties prescribed in section 16-11-101.7 (3), C.R.S.,

(o) To develop, in consultation with the sex offender management board and the judicial branch by January 1, 1999, the risk assessment screening instrument that will be provided to the sentencing courts to determine the likelihood that a sex offender would commit one or more of the offenses specified in section 18-3-414.5 (1)(a)(II), C.R.S., under the circumstances described in section 18-3-414.5 (1)(a)(III), C.R.S.,

(p) To implement, in consultation with the judicial branch, by July 1, 1999, the risk assessment screening instrument developed pursuant to paragraph (o) of this subsection (1),

(q) To review existing policies relating to the issuance and use of no-knock search warrants pursuant to part 3 of article 3 of title 16, C.R.S.,

(r) To inspect secure juvenile facilities and collect data on juveniles that are held in secure juvenile facilities, jails, and lockups throughout the state,

(s) Repealed.

(t) To analyze the data from the state board of parole provided to the division pursuant to section 17-22.5-404 (6), C.R.S., and to provide training to the board, pursuant to section 17-22.5-404 (6), C.R.S., regarding how to use the data obtained and analyzed to facilitate the board\'s decision-making,

(u) Repealed.

(v) Notwithstanding section 24-1-136 (11)(a)(I), to provide to the judiciary committees of the senate and the house of representatives, or any successor committees, a status report on the effect on parole outcomes and use of any money allocated pursuant to House Bill 10-1360, enacted in 2010,

(w) To develop the administrative release guideline instrument for use by the state board of parole as described in section 17-22.5-107 (1), C.R.S.,

(x) To develop the Colorado risk assessment scale as described in section 17-22.5-404 (2)(a), C.R.S.,

(y) To develop, in cooperation with the department of corrections and the state board of parole, a parole board action form,

(z) To provide training on the Colorado risk assessment scale and the administrative release guideline instrument as required by section 17-22.5-404 (2)(c), C.R.S., and

(aa) To receive the information reported to the division by law enforcement agencies pursuant to section 22-32-146, C.R.S., and by district attorneys pursuant to section 20-1-113, C.R.S., and provide the information, as submitted to the division, to any member of the public upon request, in a manner that does not include any identifying information regarding any student. If the division provides the information to a member of the public upon request pursuant to this paragraph (aa), the division may charge a fee to the person, which fee shall not exceed the direct and indirect costs incurred by the division in providing the information.

(2) (a) (I) On or before April 1, 2016, and every April 1 thereafter, the division has the duty to compile and analyze the data reported by law enforcement agencies and prepare a report, without identifying information, concerning the total number of tickets, summons, or arrests that occurred on school grounds, in school vehicles, or at a school activity or sanctioned event and describe the final disposition of those tickets, summons, or arrests by reporting agency, school, and location. The report must analyze the data by race, age, gender, ethnicity, and the specific type of offense with all national crime information center crime codes. The division of criminal justice shall support law enforcement agencies in their efforts to submit the required data, actively reach out to agencies that have failed to submit the required data, and provide a reasonable degree of training if necessary.

(II) Notwithstanding section 24-1-136 (11)(a)(I), the division shall submit the report to the education and judiciary committees of the house of representatives and the senate, or any successor committees. The division shall provide the report to any member of the public upon request, in a manner that does not include any identifying information regarding any student. If the division provides the information to a member of the public upon request pursuant to this subsection (2)(a), the division may charge a fee to the person, which fee shall not exceed the direct and indirect costs incurred by the division in providing the information. If the division adheres to all state and federal privacy and confidentiality laws concerning student information, the division may provide the aggregate data gathered by a law enforcement agency to any independent research or community-based organization working to analyze school-based criminal behavior and the response to that behavior by the juvenile and criminal justice systems. The data provided must not include any information that would identify any individual student.

(III) The division shall annually post the report on its website.

(b) The division has the duty to prepare a retroactive report meeting the requirements of paragraph (a) of this subsection (2) using existing data sources for the 2013-14 and 2014-15 school years.

(c) The division is only required to perform the duties of this subsection (2) if existing appropriations or resources are available.


HISTORY

Source:
L. 83: Entire article added, p. 935, § 1, effective July 1, 1984. L. 84: (1)(g) added, p. 684, § 17, effective July 1, (1)(h) added, p. 661, § 21, effective July 1. L. 89: (1)(i) added, p. 929, § 6, effective April 23. L. 90: (1)(j) added, p. 970, § 4, effective July 1. L. 91: (1)(k) added, p. 442, § 8, effective May 29. L. 92: (1)(l) added, p. 462, § 7, effective June 1. L. 94: (1)(m) added, p. 1097, § 9, effective May 9, (1)(n) added, p. 1813, § 7, effective June 1. L. 97: (1)(o) and (1)(p) added, p. 1566, § 13, effective July 1. L. 98: (1)(o) amended, p. 401, § 10, effective April 21. L. 99: (1)(o) amended, p. 1150, § 12, effective July 1. L. 2000: (1)(q) added, p. 651, § 3, effective July 1, (1)(i) amended, p. 1863, § 80, effective August 2. L. 2006: (1)(r) added, p. 257, § 5, effective March 31, (1)(e) amended, p. 1124, § 2, effective May 25, (1)(q) amended, p. 144, § 20, effective August 7. L. 2007: (1)(s) added, p. 1697, § 18, effective July 1. L. 2009: (1)(t) added, (SB 09-135), ch. 329, p. 1755, § 2, effective August 5. L. 2010: (1)(v) added, (HB 10-1360), ch. 263, p. 1196, § 6, effective May 25, (1)(w), (1)(x), (1)(y), and (1)(z) added, (HB 10-1374), ch. 261, p. 1187, § 7, effective May 25, (1)(e) amended, (HB 10-1336), ch. 342, p. 1581, § 1, effective June 5, (1)(u) added, (HB 10-1352), ch. 259, p. 1172, § 11, effective August 11. L. 2012: (1)(y) and (1)(z) amended and (1)(aa) added, (HB 12-1345), ch. 188, p. 747, § 33, effective May 19, (1)(u) repealed, (HB 12-1310), ch. 268, p. 1413, § 38, effective June 7. L. 2015: (2) added, (HB 15-1273), ch. 323, p. 1322, § 5, effective June 5. L. 2016: (2)(a)(II) amended, (HB 16-1098), ch. 103, p. 299, § 5, effective April 15, (2)(a)(I) and (2)(b) amended, (SB 16-189), ch. 210, p. 766, § 47, effective June 6. L. 2017: (1)(s) repealed and (1)(v) and (2)(a)(II) amended, (HB 17-1059), ch. 91, p. 279, § 7, effective August 9.


NOTES
Editor's note: (1) Subsection (1)(h)(II) provided for the repeal of paragraph (1)(h), effective July 1, 1988. (See L. 84, p. 661.)

(2) Section 10 of chapter 323 (HB 15-1273), Session Laws of Colorado 2015, provides that changes to this section by the act take effect only if the net reduction in the appropriations from the general fund made in SB 15-124 is equal to or greater than the amount of the general fund appropriation made in section 9 (1) of said HB 15-1273 and the staff director of the joint budget committee files written notice with the revisor of statutes no later than July 1, 2015, that this requirement has been met, and if SB 15-124 becomes law. The revisor of statutes received notification from the staff director of the joint budget committee on June 9, 2015, and SB 15-124 was signed by the governor and took effect May 29, 2015.

Cross references: (1) For the legislative declaration contained in the 2006 act amending subsection (1)(e), see section 1 of chapter 246, Session Laws of Colorado 2006.

(2) For the legislative declaration in HB 15-1273, see section 1 of chapter 323, Session Laws of Colorado 2015.

§24-33.5-503 (1) (aa) & (2). Criminal Justice Data Collection (Law Enforcement Contacts with Students)

§24-33.5-503 (1) (aa) & (2). Criminal Justice Data Collection (Law Enforcement Contacts with Students):  pdf format

See also,
20-1-113. Reporting of criminal proceedings involving public school students, and
22-32-146. School use of on-site peace officers as school resource officers.

(1) The division has the following duties:

(aa) To receive the information reported to the division by law enforcement agencies pursuant to section 22-32-146, C.R.S., and by district attorneys pursuant to section 20-1-113, C.R.S., and provide the information, as submitted to the division, to any member of the public upon request, in a manner that does not include any identifying information regarding any student. If the division provides the information to a member of the public upon request pursuant to this paragraph (aa), the division may charge a fee to the person, which fee shall not exceed the direct and indirect costs incurred by the division in providing the information.

(2) (a) (I) On or before April 1, 2016, and every April 1 thereafter, the division has the duty to compile and analyze the data reported by law enforcement agencies and prepare a report, without identifying information, concerning the total number of tickets, summons, or arrests that occurred on school grounds, in school vehicles, or at a school activity or sanctioned event and describe the final disposition of those tickets, summons, or arrests by reporting agency, school, and location. The report must analyze the data by race, age, gender, ethnicity, and the specific type of offense with all national crime information center crime codes. The division of criminal justice shall support law enforcement agencies in their efforts to submit the required data, actively reach out to agencies that have failed to submit the required data, and provide a reasonable degree of training if necessary.

(II) Notwithstanding Section 24-1-136 (11)(a)(I), the division shall submit the report to the education and judiciary committees of the house of representatives and the senate, or any successor committees. The division shall provide the report to any member of the public upon request, in a manner that does not include any identifying information regarding any student. If the division provides the information to a member of the public upon request pursuant to this Subsection (2) (a), the division may charge a fee to the person, which fee shall not exceed the direct and indirect costs incurred by the division in providing the information. If the division adheres to all state and federal privacy and confidentiality laws concerning student information, the division may provide the aggregate data gathered by a law enforcement agency to any independent research or community-based organization working to analyze school-based criminal behavior and the response to that behavior by the juvenile and criminal justice systems. The data provided must not include any information that would identify any individual student.

(III) The division shall annually post the report on its website.

(b) The division has the duty to prepare a retroactive report meeting the requirements of paragraph (a) of this subsection (2) using existing data sources for the 2013-14 and 2014-15 school years.

(c) The division is only required to perform the duties of this subsection (2) if existing appropriations or resources are available.

HISTORY
See 24-33.5-503. Duties of the Division

NOTES
24-33.5-503. Duties of the Division

§24-33.5-516, C.R.S. Study Marijuana Implementation

§24-33.5-516, C.R.S. Study Marijuana Implementationpdf format

(1) The division shall gather data and undertake or contract for a scientific study of law enforcement's activity related to the implementation of section 16 of article XVIII of the state constitution over the two-year period beginning January 1, 2006, and over the two-year period beginning January 1, 2014, and each two-year period thereafter. The studies conducted after July 1, 2016, may include relevant comparisons to law enforcement's activity before the legalized sale of retail marijuana.

(2) To be included in the study, the division or contractor must have data for each of the two-year periods described in subsection (1) of this section. The study must include information concerning:

(a) Marijuana-initiated contacts by law enforcement, broken down by judicial district and by race and ethnicity, to the extent available, and the feasibility of collecting data regarding marijuana-initiated contacts by law enforcement, including a description of efforts being made by local law enforcement to establish consistent definitions and any proposals for a system of reporting such data to the division,

(b) Comprehensive school data, both statewide and by individual school, including suspensions, expulsions, and police referrals related to drug use and sales, broken down by specific drug categories,

(c) Marijuana arrest data, including amounts of marijuana with each arrest, broken down by judicial district and by race and ethnicity,

(d) Traffic accidents, including fatalities and serious injuries related to being under the influence of marijuana,

(e) Diversion of marijuana to persons under twenty-one years of age,

(f) Diversion of marijuana out of Colorado,

(g) Crime occurring in and relating to the operation of marijuana establishments,

(h) Utilization of parcel services for the transfer of marijuana,

(i) Data related to drug-endangered children, specifically for marijuana,

(j) Probation data,

(k) Data on emergency room visits related to the use of marijuana and the outcomes of those visits, including information from Colorado poison control center,

(l) Outdoor marijuana cultivation facilities,

(m) Money laundering relating to both licensed and unlicensed marijuana, and

(n) The role of organized crime in marijuana.

(3) The division is not required to perform the duties required by this section until the marijuana cash fund, created in section 12-43.3-501, C.R.S., has received sufficient revenue to fully fund the appropriations made to the department of revenue related to articles 43.3 and 43.4 of title 12, C.R.S., and the general assembly has appropriated sufficient moneys from the fund for such duties.

(4) The division shall issue a report of each scientific study and provide it to the judiciary committees of the senate and house of representatives, or any successor committees, the joint budget committee, and the department of revenue and shall post a copy on the division's website.

HISTORY

Source: L. 2013: Entire section added, (SB 13-283), ch. 332, p. 1893, § 9, effective May 28. L. 2016: (1) and IP(2) amended and (4) added, (SB 16-191), ch. 214, p. 826, § 3, effective July 1; (1) and (2)(a) amended, (SB 16-041), ch. 220, p. 837, § 1, effective August 10. L. 2018: (3) amended, (HB 18-1023), ch. 55, p. 588, § 16, effective October 1. L. 2019: (3) amended, (SB 19-224), ch. 315, p. 2939, § 21, effective January 1, 2020.

NOTES

Editor's note: Amendments to subsection (1) by SB 16-191 and SB 16-041 were harmonized.

§24-33.5-517, C.R.S. Criminal Justice Data Collection (Officer-Involved Shooting)

§24-33.5-517, C.R.S. Criminal Justice Data Collection (Officer-Involved Shootings)  pdf format

(1) Any state or local law enforcement agency that employs a peace officer who is involved in an officer-involved shooting that results in a person suspected of criminal activity being shot at by the officer shall report the following information to the division, in a format specified by the division:

(a) If known, the age, gender, sexual orientation, race, ethnicity, and medically-documented physical or mental disability of the suspect;

(b) If known, the age, gender, race, and ethnicity of the peace officer;

(c) The officer's basis for the contact or stop that led to the officer-involved shooting;

(d) The officer's basis for the shooting;

(e) Whether the officer or any other officer responding to the scene conducted a search and, if so, whether the search was conducted pursuant to probable cause, with consent, or pursuant to any other lawful exception to the warrant requirement, and whether contraband was found and, if so, the nature of the contraband;

(f) Whether the officer or any other officer responding to the scene issued a verbal warning before shooting; and

(g) Whether the officer or any other officer responding to the scene arrested or issued a citation to anyone and, if so, the crimes charged as a result of the arrest or citation.

(2) (a) (I) If a state or local law enforcement agency employed or employs a peace officer as described in section 16-2.5-101, C.R.S., who is involved in an officer-involved shooting from January 1, 2010, through June 30, 2015, it shall report, if available, the information required by subsection (1) of this section to the division by September 1, 2015.

(II) The division shall compile and report the data received pursuant to subparagraph (I) of this paragraph (a) by March 1, 2016. The report shall be provided to the judiciary committees of the house of representatives and senate, or any successor committees, and shall be posted on the division's website.

(b) (I) If a state or local law enforcement agency employs a peace officer as described in section 16-2.5-101, C.R.S., who is involved in an officer-involved shooting during fiscal year 2015-16, or any successive fiscal year through fiscal year 2019-20, it shall report the information required by subsection (1) of this section to the division by September 1 of the following fiscal year.

(II) The division shall compile and report the data received pursuant to subparagraph (I) of this paragraph (b) by March 1 of the following year. The report shall be provided to the judiciary committees of the house of representatives and senate, or any successor committees, and shall be posted on the division's website.

(3) As used in this section, unless the context requires otherwise, "state or local law enforcement agency" means:

(a) The Colorado state patrol created pursuant to section 24-33.5-201;

(b) The Colorado bureau of investigation created pursuant to section 24-33.5-401;

(c) A county sheriff's office;

(d) A municipal police department;

(e) The division of parks and wildlife within the department of natural resources created pursuant to section 24-1-124; or

(f) A town marshal's office.

(4) This section is repealed, effective July 1, 2021.

HISTORY

Source: L. 2015: Entire section added, (SB 15-217), ch. 208, p. 756, § 2, effective May 20.

NOTES

Cross references: For the legislative declaration in SB 15-217, see section 1 of chapter 208, Session Laws of Colorado 2015.

§24-33.5-518, C.R.S. Criminal Justice Data Collection (The C.L.E.A.R. Act)

§24-33.5-518, C.R.S. Criminal Justice Data Collection (The C.L.E.A.R. Act)  pdf format

(1) This section shall be known and may be cited as the "Community Law Enforcement Action Reporting Act" or the "C.L.E.A.R. Act".

(2) Each law enforcement agency in the state shall report the data reported pursuant to section 24-33.5-412 (5), including offense and arrest information disaggregated by summons, custody, and on view, to the division for each calendar year by March 31 of the following calendar year.

(3) The judicial department shall collect and report the following data to the division for each calendar year by March 31 of the following calendar year:

(a) The number and types of charges that resulted from the arrests reported pursuant to subsection (2) of this section, the race and gender of the defendants, and the associated incident report numbers;

(b) The disposition of the charges reported pursuant to paragraph (a) of this subsection (3), including convictions at trial, acquittals, plea agreements, and dismissals; the race and gender of the defendants; and the associated incident report numbers;

(c) The sentences imposed for all convictions and plea agreements reported pursuant to paragraph (b) of this subsection (3), the race and gender of the defendants, and the associated incident report numbers; and

(d) If a sentence reported pursuant to paragraph (c) of this subsection (3) is a sentence to probation, whether a petition to revoke probation was filed against the defendant, the disposition of the petition, the race and gender of the defendant, and the associated incident report number.

(4) The state board of parole shall collect and report the following data to the division for each calendar year by March 31 of the following calendar year:

(a) The number of parole hearings held and the race, ethnicity, and gender of the inmates who received parole hearings;

(b) The number of inmates granted parole and the race, ethnicity, and gender of the inmates; and

(c) The number of inmates denied parole and the race, ethnicity, and gender of the inmates.

(4.5) SEE IN SEPARATE SECTION BELOW

(5) The division shall compile and report the data received in subsections (2) to (4.5) of this section by September 30 of each year. The report shall be provided to the judiciary committees of the house of representatives and senate, or any successor committees, and the Colorado commission on criminal and juvenile justice created in section 16-11.3-102, C.R.S.

HISTORY

Source: L. 2015: Entire section added, (SB 15-185), ch. 252, p. 919, § 1, effective August 5. L. 2019: (4.5) added and (5) amended, (HB 19-1297), ch. 394, p. 3509, § 2, effective August 2.

§24-33.5-518 (4.5), C.R.S. Criminal Justice Data Collection (Jail Data Collection)

§24-33.5-518 (4.5), C.R.S. Criminal Justice Data Collection (Jail Data Collection) 

(4.5) (a) Beginning January 1, 2020, each jail facility shall report data required to be collected pursuant to section 17-26-118 to the division in accordance with the schedule described in section 17-26-118 (4). Within one month after each reporting deadline, the division shall collect, compile, and publish all data received pursuant to this subsection (4.5) in a searchable and sortable format containing both statewide data and data for each individual jail facility. If possible, the division shall make the data available online in an interactive format.

(b) This subsection (4.5) is repealed, effective March 31, 2023.

(5) The division shall compile and report the data received in subsections (2) to (4.5) of this section by September 30 of each year. The report shall be provided to the judiciary committees of the house of representatives and senate, or any successor committees, and the Colorado commission on criminal and juvenile justice created in section 16-11.3-102.

HISTORY

Source: L. 2015: Entire section added, (SB 15-185), ch. 252, p. 919, § 1, effective August 5. L. 2019: (4.5) added and (5) amended, (HB 19-1297), ch. 394, p. 3509, § 2, effective August 2.

§24-33.5-520, C.R.S. Study on Drugged Driving

Study on Drugged Driving  pdf format

(1)  On or before March 1, 2018, and on or before March 1 each year thereafter, the division shall submit a report to the judiciary committees of the house of representatives and senate, or to any successor committees, that includes, to the extent possible, the following information:

(a)  The total number of citations made for suspected substance-affected driving violations during the reporting period;

(b)  Of the total number of citations made for suspected substance-affected driving during the reporting period, the total number of such citations that resulted in the filing of a substance-affected driving charge against the driver, including an indication of how many such cases involved alcohol, one or more drugs, or a combination of alcohol and one or more drugs;

(c)  Of the filed cases, how many resulted in at least one conviction for substance-affected driving;

(d)  Of the cases that resulted in at least one conviction for substance-affected driving, and for which evidentiary test results are available, which drugs, including alcohol, or combination of drugs were present in the defendants' bodies, and, for alcohol and marijuana, the laboratory values;

(e)  The total number of DUI and DWAI cases during the reporting period that involved:

(I)  Alcohol;

(II)  Marijuana;

(III)  Schedule I drugs, as described in section 18-18-203, other than marijuana; or

(IV)  Other drugs; and

(f)  For those cases in which evidentiary test results are available, for each type of biological sample taken, the time that elapsed between the time that each traffic stop or traffic incident occurred and the time at which the biological sample was taken.

(2)  (a) For the purpose of producing the report described in subsection (1) of this section, the division shall collect and analyze substance-affected driving violation data as follows:

(I)  From the state judicial branch and from the Denver county court, the division shall collect case-identifier data, event data, filing dates, data identifying law enforcement agencies, demographic data relating to each defendant, data indicating the cause of each substance-affected driving citation, court findings, and sentences;

(II)  From forensic toxicology laboratories only, and from no other source, the division, to the extent possible, shall collect case-identifier data, event dates and times, collection dates and times, and confirmatory laboratory values from reports created for law enforcement agencies and prosecutors and shall specify the name of each drug that was confirmed and its laboratory value;

(III)  From the department of public health and environment, the division shall collect evidentiary breath alcohol test results, including case-identifier data, event dates and times, and the results obtained on evidentiary breath alcohol testing devices certified by the department of public health and environment; and

(IV)  From the division of probation services, the division shall collect case-identifier data and, to the extent possible, data concerning the classes and types of drugs that were involved in each substance-affected driving incident.

(b)  The database compiled by the division containing personal identifying information relating to the test results of persons' biological samples, and all personal identifying information thereof, are not public information and are not subject to the provisions of the "Colorado Open Records Act", part 2 of article 72 of this title 24. The division shall disclose information only by means of the report described in subsection (1) of this section, which must not include any personal identifying information.

(3)  A public or private laboratory carrying out analysis of evidentiary samples that were taken by a law enforcement agency and submitted to the laboratory pursuant to section 42-4-1301.1 shall collect and share test results with the division for the purposes of this section. The division shall not disclose any personal identifying information that is included in such test results.

(4)  (a) There is created in the state treasury the substance-affected driving data-analysis cash fund, referred to in this section as the "fund", to include money collected from surcharges assessed pursuant to section 42-4-1307 (10)(e) and any money credited to the fund pursuant to subsection (4)(b) of this section. The money in the fund is subject to annual appropriation by the general assembly to the division for the purpose described in subsection (1) of this section. All interest derived from the deposit and investment of money in the fund remains in the fund. Any unexpended or unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and may not be transferred or credited to the general fund or another fund.

(b)  The division may accept any gifts, grants, or donations from any private or public source on behalf of the state for purposes of this section. The division shall transmit all private and public money received through grants, gifts, or donations to the state treasurer, who shall credit the same to the fund.

(c)  The division may use money in the fund to reimburse and provide advance payments to state, municipal, and private agencies and laboratories that apply to the division for payment of costs they incur in complying with this section.

(5)  Notwithstanding section 24-1-136 (11)(a)(I), the report described in subsection (1) of this section is not subject to the expiration date described in said section 24-1-136 (11)(a)(I).

(6)  As used in this section, unless the context requires otherwise:

(a)  "Forensic toxicology laboratory" means a forensic toxicology laboratory that is certified by the department of public health and environment to perform testing of samples collected from individuals suspected of DUI, DUI per se, or DWAI.

(b)  "Reporting period" means the calendar year ending fourteen months before the March 1 due date of the report.

(c)  "Substance-affected driving" means driving in violation of section 42-4-1301 (1)(a), (1)(b), or (2)(a); section 18-3-106 (1)(b); or section 18-3-205 (1)(b).

(7)  The department of public safety shall include the report described in subsection (1) of this section in the department's annual presentation to the committees of reference pursuant to section 2-7-203.

HISTORY

Source: L. 2017: Entire section added, (HB 17-1315), ch. 280, p. 1526, § 1, effective August 9.