2022 Colorado Code
Title 16 - Criminal Proceedings
Article 11 - Imposition of Sentence
Part 2 - Probation
§ 16-11-209. Duties of Probation Officers

1. It is the duty of a probation officer to investigate and report upon any case referred to him or her by the court for investigation. The probation officer shall furnish to each person released on probation under his or her supervision a written statement of the conditions of probation and shall instruct the person regarding the same. The officer shall keep informed concerning the conduct and condition of each person on probation under his or her supervision and shall report thereon to the court at such times as it directs. Such officers shall use all suitable methods, not inconsistent with the conditions imposed by the court, to aid persons on probation and to bring about improvement in their conduct and condition. Each officer shall keep records of his or her work; shall make such reports to the court as are required; and shall perform such other duties as the court may direct.
2. Any probationer, on probation as a result of a conviction, who is under the supervision of a probation officer pursuant to this part 2 and who is initially tested for the illegal or unauthorized use of a controlled substance and the result of such test is positive shall be subject to any or all of the following actions:
   1. An immediate warrantless arrest;
   2. An immediate increase in the level of supervision;
   3. Random screenings for the detection of the illegal or unauthorized use of a controlled substance, which use may serve as the basis for additional punishment or any other community placement;
   4. Referral to a substance use disorder treatment program.

3. If any probationer described in subsection (2) of this section is subjected to a second or subsequent test for the illegal or unauthorized use of a controlled substance and the result of such test is positive, the probation officer shall take one or more of the following actions:
   1. Make an immediate warrantless arrest;
   2. Seek a probation revocation in accordance with sections 16-11-205 and 16-11-206;
   3. Immediately increase the level of supervision;
   4. Increase the number of drug screenings for the illegal or unauthorized use of controlled substances;
   5. Refer the probationer to a substance use disorder treatment program.

4. 1. Prior to an offender being released from probation, the probation officer releasing the individual shall provide the notice described in paragraph (b) of this subsection (4) at the last meeting the officer has with the person.
   2. The notice shall contain the following information:
      1. That a person convicted of certain crimes has the right to seek to have his or her criminal record sealed;
      2. That there are collateral consequences associated with a criminal conviction that a sealing order can alleviate;
      3. The list of crimes that are eligible for sealing and the associated time period that a person must wait prior to seeking sealing;
      4. That the state public defender has compiled a list of laws that impose collateral consequences related to a criminal conviction and that the list is available on the state public defender's website; and
      5. That the person should seek legal counsel if he or she has any questions regarding record sealing.

5. A probation officer assigned to an individual on probation shall provide information to that individual regarding:
   1. The individual's voting rights;
   2. How the individual may register to vote or update or confirm his or her voter registration record;
   3. How to obtain and cast a ballot; and
   4. How to obtain voter information materials.

Source: L. 72: R&RE, p. 246, § 1. C.R.S. 1963: § 39-11-209. L. 89: Entire section amended, p. 876, § 12, effective June 5. L. 2013: (4) added, (SB 13-123), ch. 289, p. 1539, § 1, effective May 24; (1), IP(2), (2)(b), and (3)(c) amended, (SB 13-250), ch. 333, p. 1931, § 45, effective October 1. L. 2017: (2)(d) and (3)(e) amended, (SB 17-242), ch. 263, p. 1298, § 121, effective May 25. L. 2018: (5) added, (SB 18-150), ch. 261, p. 1601, § 4, effective August 8.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.