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April 9, 2024 HB 24-1372
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated March 28, 2024)
Drafting Number:
Prime Sponsors:
LLS 24-0696
Rep. Woodrow; Herod
Sen. Fields; Gonzales
Date:
Bill Status:
Fiscal Analyst:
April 9, 2024
House Appropriations
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: REGULATING LAW ENFORCEMENT USE OF PRONE RESTRAINT
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☒ Statutory Public Entity
The bill requires law enforcement agencies to adopt a policy on prone restraint and to
train officers on that policy. The bill increases state, local, and statutory public entity
workload on an ongoing basis.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill, as amended by the House Judiciary
Committee.
Summary of Legislation
The bill requires any Colorado law enforcement agency that employs a Peace Officer Standards
and Training (POST) Board certified peace officer, sheriffs, and the Colorado State Patrol (law
enforcement entities) to adopt written policies and procedures concerning the use of the prone
position and prone restraint by July 1, 2025, and post it on its website. The bill specifies what the
policies and procedures must include. Each law enforcement entity must review and update
policies and procedures at least every five years.
The POST Board in the Department of Law is required to make a training on the use of the
prone position available to law enforcement agencies in the state. By July 1, 2026, law
enforcement entities must implement and train their peace officers on the provisions of their
adopted policies and procedures.
State Expenditures
The bill will increase workload in the Department of Law, the Department of Public Safety, state
agencies employing POST-certified peace officers, and the Judicial Department. These impacts
are discussed below.
Department of Law. The department will have an increase in workload in the POST Board and
to provide legal services to state agencies. Page 2
April 9, 2024 HB 24-1372
POST Board. In FY 2025-26, the bill increases workload in the POST Board to develop a
training on the use of the prone position. It is estimated that development of the training
will require 80 hours of staff time, which can be accomplished within existing resources. The
fiscal note assumes that the required training will not generate additional complaints against
peace officers.
Legal services. Starting in FY 2026-27, the department may have an increase in workload to
represent any state agencies in violation of the bill. The fiscal note assumes high compliance;
therefore, this workload can be accomplished within existing resources.
Colorado State Patrol and other state agencies employing peace officers. Starting in
FY 2024-25, workload in state agencies employing POST-certified peace officers will increase to
create new policies and procedures, and to train officers. This workload can be handled within
existing training resources for each affected agency, which primarily includes Colorado Parks
and Wildlife, institutions of higher education, and the departments of Corrections, Public Safety
and Revenue.
Judicial Department. Starting in FY 2026-27, to the extent there are additional civil cases
brought against peace officers as a result of the bill, workload to trial courts will increase. Any
increase in workload for the trial courts is expected to be minimal.
Local Government and Statutory Public Entities
Similar to the state, workload for local governments, such as municipalities and counties, and
statutory public entities, such as the Regional Transportation District, will increase to create new
policies and procedures, and to train officers.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State and Local Government Contacts
Corrections District Attorneys Higher Education
Human Services Judicial Law
Natural Resources Personnel Public Safety
Revenue
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.