Section 18-8-805 - Prohibition on using or directing administration of ketamine - duty to report - duty to intervene - definition(1) A peace officer shall not use, direct, or unduly influence the use of ketamine upon another person.(2)(a)(I) A peace officer shall not compel, direct, or unduly influence an emergency medical service provider to administer ketamine.(II) An emergency medical service provider shall confidentially report any violation of this subsection (2)(a) to the P.O.S.T. board created in section 24-31-302 within ten days of the occurrence. At a minimum, the report must include the date, time, and place of the occurrence; the identity, if known, and a description of the participants; and a description of the events.(III) A peace officer shall not retaliate in any way against an emergency medical service provider for reporting the incident pursuant to this subsection (2).(IV) Upon receipt of the report submitted pursuant to subsection (2)(a)(II) of this section, the P.O.S.T. board shall submit the report to the peace officer's employing agency. The employing agency shall conduct an internal investigation of the alleged violation and transmit the findings of the internal investigation to the P.O.S.T. board. If the findings show the peace officer violated subsection (1), (2)(a)(I), or (5) of this section, the P.O.S.T. board may revoke the peace officer's certification in accordance with section 24-31-904 (1)(a)(III), (1)(a)(IV), or (2)(a).(b) A peace officer shall not unduly influence an emergency medical service provider's medical decision or diagnosis, and an emergency medical service provider shall not base its medical decision or diagnosis exclusively on information provided by a peace officer.(c) Notwithstanding subsection (2)(b) of this section, a peace officer may provide critical medical information or any other pertinent information about the individual or the scene of the emergency that may assist the emergency medical service provider's assessment of the need to administer ketamine.(d) Notwithstanding section 18-1-707 (1.5)(a), a peace officer who is also certified as an emergency medical service provider may administer ketamine pursuant to the restrictions set forth in section 25-3.5-209 and when the decision to administer ketamine is based on the emergency medical service provider's training and expertise.(3) A person who is directed by a peace officer to assist the peace officer to effect an arrest, detention, restraint, transport, or punishment; to prevent an escape from custody; or to facilitate ease and convenience in law enforcement encounters shall not use ketamine to carry out the peace officer's direction or undue influence.(4)(a) A peace officer who, in pursuance of the peace officer's law enforcement duties, witnesses another peace officer, in pursuance of the other peace officer's law enforcement duties, use or direct the use of ketamine on another person shall report such use to the P.O.S.T. board created in section 24-31-302.(b) At a minimum, the report required by this subsection (4) must include the date, time, and place of the occurrence; the identity, if known, and a description of the participants; and a description of the events. A copy of an arrest report or other similar report required as a part of a peace officer's duties can be substituted for the report required by this subsection (4) if it includes such information. The report must be in writing and made within ten days after the occurrence of the use of ketamine.(c) Any peace officer who fails to report the use or directed use of ketamine in the manner described in this subsection (4) commits a class 1 misdemeanor.(d) Upon receipt of the report submitted pursuant to this subsection (4), the P.O.S.T. board shall submit the report to the peace officer's employing agency. The employing agency shall conduct an internal investigation of the alleged violation and transmit the findings of the internal investigation to the P.O.S.T. board. If the findings show the peace officer violated subsection (1), (2)(a)(I), or (5) of this section, the P.O.S.T. board may revoke the peace officer's certification in accordance with section 24-31-904 (1)(a)(III), (1)(a)(IV), (1)(a) or (2)(a).(5)(a) A peace officer shall intervene, without regard for chain of command, to prevent or stop another peace officer from using or directing the use of ketamine in pursuance of the other peace officer's law enforcement duties to effect an arrest, detention, restraint, transport, or punishment; to prevent an escape from custody; or to facilitate ease and convenience in law enforcement encounters.(b)(I) A peace officer who intervenes as required by subsection (5)(a) of this section shall report the intervention to the intervening peace officer's immediate supervisor.(II) At a minimum, the report required by this subsection (5)(b) must include the date, time, and place of the occurrence; the identity, if known, and a description of the participants; and a description of the intervention actions taken. The report must be in writing and made within ten days after the occurrence of the intervention and must be included with all other reports of the incident.(c) A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer for intervening as required by subsection (5)(a) of this section, for reporting any other violation of this section, or for failing to follow what the peace officer reasonably believes is an unconstitutional directive.(d) Any peace officer who fails to intervene to prevent the use of or the directed use of ketamine as described in this subsection (5) commits a class 1 misdemeanor.(e) When an administrative law judge or internal investigation finds that a peace officer failed to intervene to prevent the use of or the directed use of ketamine, the finding must be presented to the district attorney so that the district attorney can determine whether charges should be filed pursuant to subsection (5)(d) of this section. However, nothing in this subsection (5)(e) prohibits or is intended to discourage the district attorney from charging an officer with failure to intervene before the conclusion of any internal investigation.(f) In a case in which the prosecution charges a peace officer with offenses related to and based upon the use or directed use of ketamine but does not file charges against any other peace officer or officers who were at the scene during the use of ketamine, the district attorney shall prepare a written report explaining the district attorney's basis for the decision not to charge any other peace officer with any criminal conduct and shall publicly disclose the report; except that if disclosure of the report would substantially interfere with or jeopardize an ongoing criminal investigation, the district attorney may delay public disclosure for up to forty-five days. The district attorney shall post the written report on its website or, if it does not have a website, make it publicly available.(g) Nothing in this subsection (5) prohibits or discourages prosecution of any other criminal offense related to unlawful use or directed use of ketamine, failure to intervene, or failure to report, including a higher charge, if supported by the evidence.(6) Any peace officer who knowingly makes a materially false statement that the officer does not believe to be true in any report made pursuant to subsection (4) of this section commits false reporting to authorities pursuant to section 18-8-111 (1)(a)(III).(7) As used in this section, unless the context otherwise requires, "unduly influence" or "undue influence" means the improper use of power or trust in a way that deprives a person of free will and substitutes another's objective.Added by 2021 Ch. 450, § 5, eff. 7/6/2021.L. 2021: Entire section added, (HB 21-1251), ch. 2959, p. 2959, § 5, effective July 6.