Colorado § 16-10-404 - Use of a court facility dog - definitions.

§ 16-10-404. Use of a court facility dog - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) "Court facility dog" means a dog that is a graduate of an assistance dog organization that is accredited by an internationally recognized organization whose main purpose is to grant accreditation to assistance dog organizations based on standards of excellence in all areas of assistance dog acquisition, training, and placement. A "court facility dog" must be specially trained to provide support to witnesses testifying in proceedings without causing a distraction.

(b) "Criminal proceeding" or "criminal proceedings" has the same meaning set forth in section 16-8.5-101.

(c) "Qualified individual with a disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

(d) "Service animal" has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq.

(2) (a) The court may, upon motion of a party or upon its own motion, order that a witness's testimony be offered while a court facility dog is in the courtroom during the testimony of the witness if:

(I) The testimony is taken during a criminal proceeding; and

(II) The judge determines by a preponderance of the evidence that:

(A) The presence of a court facility dog with the witness during the witness's testimony would reduce the witness's anxiety and enhance the ability of the court to receive full and accurate testimony;

(B) The arrangements for an available court facility dog during the witness's testimony would not interfere with efficient criminal proceedings; and

(C) No prejudice would result to any party due to the presence of a court facility dog with the witness.

(b) To obtain an order authorizing the use of a court facility dog during the witness's testimony, the party must file a written motion with the court no less than fourteen days prior to the criminal proceeding.

(3) Notwithstanding a judge's order granting that the witness's testimony may be offered while a court facility dog is present pursuant to subsection (2)(a) of this section, the judge has the authority to terminate the presence of a court facility dog at any time prior to, or during, the witness's testimony.

(4) To ensure that the presence of a court facility dog does not influence the jury or is not a reflection on the truthfulness of any testimony that is offered by a witness, the court may instruct the jury, if a jury instruction is requested by a party who objected to the presence of the court facility dog or upon agreement of the parties, on the role of the court facility dog and that the court facility dog is a trained animal.

(5) Nothing in this section precludes or interferes with the rights of a qualified individual with a disability who is accompanied by a service animal pursuant to state or federal law.

Source: L. 2019: Entire section added, (HB 19-1220), ch. 138, p. 1739, § 1, effective July 1. L. 2020: (1)(b) amended, (HB 20-1402), ch. 216, p. 1046, § 27, effective June 30. L. 2026: (1)(b) amended, (SB 26-149), ch. 142, p. 793, § 41, effective May 21.

ARTICLE 11

Imposition of Sentence

PART 1

ALTERNATIVES - INVESTIGATION

16-11-101. Alternatives in sentencing - repeal. (Repealed)

16-11-101.5. Collection of restitution - repeal. (Repealed)

16-11-101.6. Collection of fines and fees - methods - charges - judicial collection enhancement fund - creation - definition.

16-11-101.7. Repayment of crime stopper reward - crime stopper reward reimbursement fund - created.

16-11-101.8. State income tax refund and lottery winnings offsets - fines, fees, costs, or surcharges - definitions.

16-11-102. Presentence or probation investigation.

16-11-102.3. Genetic testing of convicted offenders - repeal. (Repealed)

16-11-102.4. Genetic testing of convicted offenders.

16-11-102.5. Drug testing of offenders by judicial department - pilot program. (Repealed)

16-11-103. Imposition of sentence in class 1 felonies - appellate review. (Repealed)

16-11-104. Genetic testing - repeal. (Repealed)

16-11-105. Local initiative committee pilot program for the management of community-based programs for adults with mental illness who come into contact with the criminal justice system - legislative declaration - creation - duties - report - repeal. (Repealed)

PART 2

PROBATION

16-11-201. Application for probation. (Repealed)

16-11-201.5. Purposes of probation.

16-11-202. Probationary power of court. (Repealed)

16-11-203. Criteria for granting probation. (Repealed)

16-11-204. Conditions of probation - repeal. (Repealed)

16-11-204.3. Genetic testing as a condition of probation - repeal. (Repealed)

16-11-204.5. Restitution as a condition of probation. (Repealed)

16-11-204.6. Repayment of crime stopper reward as a condition of probation. (Repealed)

16-11-205. Arrest of probationer - revocation.

16-11-206. Revocation hearing.

16-11-207. Absent violator - arrest and return.

16-11-208. Officer's appointment - salary - oath.

16-11-209. Duties of probation officers.

16-11-210. County and juvenile courts.

16-11-211. Interdistrict probation department - personnel.

16-11-212. Work and education release programs. (Repealed)

16-11-213. Intensive supervision probation programs - legislative declaration. (Repealed)

16-11-214. Fund created - probation services.

16-11-215. Structured and individualized behavioral responses.

PART 3

SENTENCES TO IMPRISONMENT

16-11-301. Sentences - commitments - correctional facilities - county jail - age limit.

16-11-302. Duration of sentences for felonies. (Repealed)

16-11-302.5. Duration of sentences for misdemeanors. (Repealed)

16-11-303. Definite sentence not void. (Repealed)

16-11-304. Determinate sentence of imprisonment imposed by court. (Repealed)

16-11-305. Sentence not void if for definite period. (Repealed)

16-11-306. Credit for presentence confinement. (Repealed)

16-11-307. Credit for confinement pending appeal.

16-11-308. Custody of department of corrections - procedure.

16-11-308.5. Authority to contract with a county or a city and county for placement of prisoners in custody of executive director.

16-11-309. Mandatory sentences for violent crimes. (Repealed)

16-11-310. Release from incarceration. (Repealed)

16-11-311. Sentences - youthful offenders - legislative declaration - powers and duties of district court - authorization for youthful offender system - powers and duties of department of corrections - repeal. (Repealed)

16-11-312. Intensive family preservation program - juveniles sentenced to the youthful offender system - legislative declaration - development of a plan for a pilot program - duty of department - report. (Repealed)

PART 4

DEATH PENALTY - EXECUTION

16-11-401 to

16-11-405. (Repealed)

PART 5

SENTENCES TO PAYMENT OF FINES - COSTS

16-11-501 to

16-11-502. (Repealed)

PART 6

RIGHT TO ATTEND SENTENCING

16-11-601. Right to attend sentencing.

PART 7

COMMUNITY OR USEFUL PUBLIC SERVICE

16-11-701. (Repealed)

PART 8

APPLICABILITY OF PROCEDURE IN CLASS 1 FELONY CASES FOR CRIMES COMMITTED ON OR AFTER JULY 1, 1988, AND PRIOR TO SEPTEMBER 20, 1991

16-11-801 to

16-11-802. (Repealed)

PART 9

REPEAL OF THE DEATH PENALTY

16-11-901. Death penalty repeal - applicability - current sentences.

PART 1

ALTERNATIVES - INVESTIGATION