Regulating Law Enforcement Use of Prone Restraint

Current law subjects a peace officer who uses unlawful force or fails to intervene in the unlawful use of force to criminal and civil penalties as well as disciplinary measures through the peace officers standards and training board (P.O.S.T. board). The act defines prone restraint as a use of force. The act requires law enforcement agencies to adopt written policies and procedures concerning use of the prone position and prone restraint by officers certified by the P.O.S.T. board; sheriff's deputies, regardless of P.O.S.T. board certification; and Colorado state patrol officers. Law enforcement agencies must post the adopted policies and procedures on their publicly accessible websites or make them available upon request. The policies and procedures must address how and when to request or render medical aid for use of force involving prone restraint, when to get medical clearance for use of force involving a prone restraint when there are injuries or complaints of injuries, how and when to render appropriate medical aid within the scope of a peace officer's training for any use of force involving prone restraint, and how and when to transition a person placed in a prone position into a recovery position that allows the person to breathe normally. The act requires law enforcement agencies to review the adopted policies and procedures at least every five years and, beginning on or before July 1, 2026, to implement and train peace officers on their contents. The P.O.S.T. board must make its training on the use of the prone position available to all law enforcement agencies in the state. APPROVED by Governor June 3, 2024 EFFECTIVE June 3, 2024(Note: This summary applies to this bill as enacted.)