Colorado § 24-31-606 - Safe2tell program - creation - duties.

§ 24-31-606. Safe2tell program - creation - duties.

(1) There is created, within the department, the safe2tell program.

(2) The program must:

(a) Establish and maintain methods of anonymous reporting concerning unsafe, potentially harmful, dangerous, violent, or criminal activities in schools or the threat of those activities;

(b) Establish methods and procedures to ensure that the identity of the reporting parties remains unknown to all persons and entities, including law enforcement officers and employees operating the program;

(c) Establish methods and procedures so that information obtained from a reporting party who voluntarily discloses his or her identity and verifies that he or she is willing to be identified may be shared with law enforcement officers, employees operating the program, and school officials;

(d) Establish methods and procedures to ensure that a reporting party's identity that becomes known through any means other than voluntary disclosure is not further disclosed;

(e) Promptly forward information received by the program to the appropriate law enforcement or public safety agency or school officials. The program is not required to forward information if the call was transferred to the statewide behavioral crisis response system created pursuant to section 27-60-103.

(f) Train law enforcement dispatch centers, school districts, individual schools, and other entities determined by the attorney general on appropriate awareness and response to safe2tell tips. Training materials outlining appropriate response to safe2tell tips may be developed in collaboration with stakeholders to ensure standardized messaging.

(g) Provide safe2tell awareness and educational materials to all elementary and secondary schools in Colorado with a primary focus on targeting marketing materials to Colorado school-age children, teachers, administrators, education professionals, and, subject to available funds, other youth-related organizations, including boys and girls clubs and 4-H extension offices, at no charge to the school or recipient. The materials described in this subsection (2)(g) and subsection (2)(h) of this section must include an explanation of the circumstances pursuant to section 24-31-607 (3) or (4) when a student's report may not remain anonymous.

(h) Provide safe2tell awareness and education materials to Boys & Girls Clubs and 4-H extension offices in Colorado at no charge to the Boys & Girls Clubs and 4-H extension offices on or before June 30, 2017, and annually each fiscal year thereafter;

(i) Develop training curriculum and teaching materials for a train the trainer program;

(j) Annually organize, host, and conduct training in all geographic regions of the state and provide related materials to persons who attend the training at no charge to the attendee;

(k) Provide training and support to all elementary and secondary schools and school districts in Colorado regarding school safety related to the safe2tell program, including answering questions and discussing reports received by the program;

(l) Provide educational materials to all elementary and secondary schools in Colorado aimed at preventing misuse of the program;

(m) Provide technical assistance and support to law enforcement officials and school officials when there is misuse of the program; and

(n) Analyze and follow up with law enforcement and schools to determine the outcome of a report made to the program, including actions taken on the report.

(3) On or before February 1, 2021, the department, in collaboration with stakeholders, shall devise a process and develop standardized protocols so that any communication related to mental health or substance use received by safe2tell, including any communication related to another person, may be transferred, as appropriate, to the statewide behavioral crisis response system created pursuant to section 27-60-103.

(4) Beginning on or before August 1, 2024, the department shall annually convene a training meeting for school resource officers, as described in section 22-32-146, and school officials to discuss best practices in responding to safe2tell reports, including defining roles, communication about a report, outcome reporting, and training resources to improve school resource officers' support of students and school staff. Safe2tell may conduct a survey to collect data and discussions regarding safe2tell operations.

Source: L. 2014: Entire part added, (SB 14-002), ch. 241, p. 890, § 2, effective August 6. L. 2016: (2)(f) and (2)(g) amended and (2)(h), (2)(i), and (2)(j) added, (SB 16-193), ch. 227, p. 867, § 1, effective June 6. L. 2018: (2)(i) amended and (2)(k), (2)(l), (2)(m), and (2)(n) added, (HB 18-1434), ch. 235, p. 1474, § 1, effective August 8. L. 2020: (2)(e), (2)(f), (2)(g), (2)(k), and (2)(l) amended and (3) added, (HB 20-1113), ch. 259, p. 1252, § 1, effective July 8. L. 2021: (2)(g) amended, (SB 21-081), ch. 390, p. 2602, § 2, effective June 30. L. 2023: (4) added, (SB 23-070), ch. 116, p. 421, § 1, effective April 27.

ANNOTATION

A search and seizure of a student by school officials may be reasonable in the context of the fourth amendment if the search and seizure is justified at its inception and conducted in a manner reasonably related in scope to the circumstances that justified the interference in the first place. People in Interest of C.C-S., 2021 COA 127, 503 P.3d 152.

A stale and uncorroborated Safe2Tell tip, however, does not justify the unlawful detention of a student. A court may not rely on admissions made during an unlawful detention of a student and may not uphold the search of a student's backpack if the detention is not supported by reasonable suspicion. People in Interest of C.C-S., 2021 COA 127, 503 P.3d 152.

The exclusionary rule applies in the context of school searches and extends to the actions of school officials to deter fourth amendment violations. People in Interest of C.C-S., 2021 COA 127, 503 P.3d 152.