2022 Colorado Code
Title 18 - Criminal Code
Article 6.5 - Wrongs to At-Risk Adults
§ 18-6.5-108. Mandatory Reports of Mistreatment of At-Risk Elders and At-Risk Adults With Idd - List of Reporters - Penalties

1. 1. On and after July 1, 2016, a person specified in paragraph (b) of this subsection (1) who observes the mistreatment of an at-risk elder or an at-risk adult with IDD, or who has reasonable cause to believe that an at-risk elder or an at-risk adult with IDD has been mistreated or is at imminent risk of mistreatment, shall report such fact to a law enforcement agency not more than twenty-four hours after making the observation or discovery.
   2. The following persons, whether paid or unpaid, shall report as required by subsection (1)(a) of this section:
      1. Any person providing health care or health-care-related services, including general medical, surgical, or nursing services; medical, surgical, or nursing speciality services; dental services; vision services; pharmacy services; chiropractic services; naturopathic medicine services; or physical, occupational, musical, or other therapies;
      2. Hospital and long-term care facility personnel engaged in the admission, care, or treatment of patients;
      3. First responders including emergency medical service providers, fire protection personnel, law enforcement officers, and persons employed by, contracting with, or volunteering with any law enforcement agency, including victim advocates;
      4. Medical examiners and coroners;
      5. Code enforcement officers;
      6. Veterinarians;
      7. Psychologists, addiction counselors, professional counselors, marriage and family therapists, and unlicensed psychotherapists, as those persons are defined in article 245 of title 12;
      8. Social workers, as defined in part 4 of article 245 of title 12;
      9. [ Editor's note: This version of subsection (1)(b)(IX) is effective until July 1, 2024.] Staff of community-centered boards;

         (IX) [ Editor's note: This version of subsection (1)(b)(IX) is effective July 1, 2024. ] Staff of case management agencies, as defined in section 25.5-6-1702 (2);

      10. Staff, consultants, or independent contractors of service agencies as defined in section 25.5-10-202 (34), C.R.S.;
      11. Staff or consultants for a licensed or unlicensed, certified or uncertified, care facility, agency, home, or governing board, including but not limited to long-term care facilities, home care agencies, or home health providers;
      12. Staff of, or consultants for, a home care placement agency, as defined in section 25-27.5-102 (5), C.R.S.;
      13. Persons performing case management or assistant services for at-risk elders or at-risk adults with IDD;
      14. Staff of county departments of human or social services;
      15. Staff of the state departments of human services, public health and environment, or health care policy and financing;
      16. Staff of senior congregate centers or senior research or outreach organizations;
      17. Staff, and staff of contracted providers, of area agencies on aging, except attorneys at law providing legal assistance to individuals pursuant to a contract with an area agency on aging, the staff of such attorneys at law, and the long-term care ombudsmen;
      18. Employees, contractors, and volunteers operating specialized transportation services for at-risk elders and at-risk adults with IDD;
      19. Court-appointed guardians and conservators;
      20. Personnel at schools serving persons in preschool through twelfth grade;
      21. Clergy members; except that the reporting requirement described in paragraph (a) of this subsection (1) does not apply to a person who acquires reasonable cause to believe that an at-risk elder or an at-risk adult with IDD has been mistreated or has been exploited or is at imminent risk of mistreatment or exploitation during a communication about which the person may not be examined as a witness pursuant to section 13-90-107 (1)(c), C.R.S., unless the person also acquires such reasonable cause from a source other than such a communication; and
      22. 1. Personnel of banks, savings and loan associations, credit unions, and other lending or financial institutions who directly observe in person the mistreatment of an at-risk elder or who have reasonable cause to believe that an at-risk elder has been mistreated or is at imminent risk of mistreatment; and
          2. Personnel of banks, savings and loan associations, credit unions, and other lending or financial institutions who directly observe in person the mistreatment of an at-risk adult with IDD or who have reasonable cause to believe that an at-risk adult with IDD has been mistreated or is at imminent risk of mistreatment by reason of actual knowledge of facts or circumstances indicating the mistreatment.

   3. [ Editor's note: This version of subsection (1)(c) is effective until March 1, 2022.] A person who willfully violates paragraph (a) of this subsection (1) commits a class 3 misdemeanor and shall be punished in accordance with section 18-1.3-501.

      (c) [ Editor's note: This version of subsection (1)(c) is effective March 1, 2022. ] A person who willfully violates subsection (1)(a) of this section commits a class 2 misdemeanor and shall be punished in accordance with section 18-1.3-501.

   4. Notwithstanding the provisions of paragraph (a) of this subsection (1), a person described in paragraph (b) of this subsection (1) is not required to report the mistreatment of an at-risk elder or an at-risk adult with IDD if the person knows that another person has already reported to a law enforcement agency the same mistreatment that would have been the basis of the person's own report.

2. 1. A law enforcement agency that receives a report of mistreatment of an at-risk elder or an at-risk adult with IDD shall acquire, to the extent possible, the following information from the person making the report:
      1. The name, age, address, and contact information of the at-risk elder or at-risk adult with IDD;
      2. The name, age, address, and contact information of the person making the report;
      3. The name, age, address, and contact information of the caretaker of the at-risk elder or at-risk adult with IDD, if any;
      4. The name of the alleged perpetrator;
      5. The nature and extent of any injury, whether physical or financial, to the at-risk elder or at-risk adult with IDD;
      6. The nature and extent of the condition that required the report to be made; and
      7. Any other pertinent information.

   2. Not more than twenty-four hours after receiving a report of mistreatment of an at-risk elder or an at-risk adult with IDD, a law enforcement agency shall provide the report to the county department for the county in which the at-risk elder or at-risk adult with IDD resides and the district attorney's office of the location where the mistreatment occurred.
   3. The law enforcement agency shall complete a criminal investigation when appropriate. The law enforcement agency shall provide a summary report of the investigation to the county department for the county in which the at-risk elder or at-risk adult with IDD resides and to the district attorney's office of the location where the mistreatment occurred.

3. A person, including but not limited to a person specified in paragraph (b) of subsection (1) of this section, who reports mistreatment of an at-risk elder or an at-risk adult with IDD to a law enforcement agency pursuant to subsection (1) of this section is immune from suit and liability for damages in any civil action or criminal prosecution if the report was made in good faith; except that such a person is not immune if he or she is the alleged perpetrator of the mistreatment.
4. [ Editor's note: This version of subsection (4) is effective until March 1, 2022.] A person, including but not limited to a person specified in paragraph (b) of subsection (1) of this section, who knowingly makes a false report of mistreatment of an at-risk elder or an at-risk adult with IDD to a law enforcement agency commits a class 3 misdemeanor and must be punished as provided in section 18-1.3-501 and is liable for damages proximately caused thereby.

   (4) [ Editor's note: This version of subsection (4) is effective March 1, 2022. ] A person, including but not limited to a person specified in subsection (1)(b) of this section, who knowingly makes a false report of mistreatment of an at-risk elder or an at-risk adult with IDD to a law enforcement agency commits a class 2 misdemeanor and must be punished as provided in section 18-1.3-501 and is liable for damages proximately caused thereby.

5. The reporting duty described in subsection (1) of this section does not create a civil duty of care or establish a civil standard of care that is owed to an at-risk elder or an at-risk adult with IDD by a person specified in paragraph (b) of subsection (1) of this section.

Source: L. 2013: Entire section added, (SB 13-111), ch. 233, p. 1117, § 2, effective May 16. L. 2015: (1)(a), (1)(b)(IX), (1)(b)(XVI), (1)(d), and (2) to (5) amended, (SB 15-109), ch. 278, p. 1140, § 3, effective July 1, 2016. L. 2016: (1)(a), (1)(b)(IX), (1)(b)(XVI), (1)(d), and (2) to (5) amended, (HB 16-1394), ch. 172, p. 551, § 8, effective July 1. L. 2017: IP(1)(b) and (1)(b)(I) amended, (SB 17-106), ch. 302, p. 1649, § 7, effective August 9. L. 2018: (1)(b)(XVII) amended, (HB 18-1405), ch. 392, p. 2345, § 1, effective September 1. L. 2019: (1)(b)(VII) and (1)(b)(VIII) amended, (HB 19-1172), ch. 136, p. 1676, § 97, effective October 1. L. 2020: (1)(b)(VII) amended, (HB 20-1206), ch. 304, p. 1550, § 63, effective July 14. L. 2021: (1)(c) and (4) amended, (SB 21-271), ch. 462, p. 3193, § 263, effective March 1, 2022; (1)(b)(IX) amended, (HB 21-1187), ch. 83, p. 326, § 6, effective July 1, 2024.

Editor's note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

Cross references: For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 233, Session Laws of Colorado 2013.