Authority to Adopt Rules and Regulations
The Executive Director of the Colorado Department of Public
Safety is mandated to promulgate rules and regulations regarding the Medina
Alert Program (MAP) pursuant to
24-33.5-416.7, C.R.S.
Definitions
The definitions provided in section
24-33.5-416.7(2)
shall apply to these rules and regulations. The following definitions shall
also apply.
"Notification Period" - means the time the alert
will be active until the suspect(s) is apprehended or the requesting agency
provides information that the alert is no longer necessary and should be
canceled.
"Serious Bodily Injury" -
has the same meaning as defined in section
42-4-1601(4)(b),
C.R.S., namely: injury that involves, either at the time of the actual injury
or at a later time, a substantial risk of death, a substantial risk of serious
permanent disfigurement, or a substantial risk of protracted loss or impairment
of the function of any part or organ of the body, or breaks, fractures, or
burns of the second or third degree.
"Hit And Run" - means an
incident when the driver of a motor vehicle involved in an accident fails to
stop at the scene of the accident as required by section
42-4-1601, C.R.S.
"Medina Alert Broadcast"
- means a public broadcast notification issued pursuant to these rules
containing information regarding the imminent threat to the safety of the
public when a person kills or inflicts a serious bodily injury upon a person
during a motor vehicle accident and flees the scene.
Applicability
These Rules and Regulations shall apply to the Colorado Bureau
of Investigation (CBI) and law enforcement agencies statewide.
Rules / Regulations /
Procedures
CBI-MAP 1
A. During the course of their investigation,
and upon verifying that a motor vehicle accident has occurred that involves a
death or serious bodily injury and the suspect or suspects have fled the scene
of the offense, a local law enforcement agency, operating under their
individual policy and procedures, may notify the CBI at the main number and
request that the information be conveyed to the bureau for a Medina Alert
Broadcast.
CBI-MAP 2
A. The CBI will verify the accuracy of the
information based on personal contact with a representative from the law
enforcement agency. The verification of information provided by the law
enforcement agency will include, but is not limited to:
1. Verifying the identity of the law
enforcement agency and the reporting law enforcement official;
2. Verifying all appropriate information that
the reporting law enforcement agency has that may assist in the apprehension of
the suspect or suspects;
3.
Verifying that the information being reported meets the definition of "Hit and
Run" and "Serious Bodily Injury" as defined in Colorado statute and this
rule;
4. Verifying law enforcement
has sufficient additional information concerning the suspect or the suspect's
vehicle, including but not limited to;
* A complete license plate number of the suspect's
vehicle;
* A partial license plate number and the make, style, and color
of the suspect's vehicle; and/or
* The identity of the Suspect.
CBI-MAP 3
A. The Medina Alert Broadcast may contain,
but is not limited to, the following information:
1. All appropriate information that the
reporting law enforcement agency has that may assist in the apprehension of the
suspect(s);
2. A statement
instructing anyone with information related to the hit and run accident to
contact his or her local law enforcement agency;
3. A warning that the suspect(s) are
dangerous and that members of the public should not attempt to apprehend the
suspect(s) themselves.
CBI-MAP 4
A. The Medina Alert Broadcast may be
rebroadcast to the public as often as possible, but it is recommended to
rebroadcast every 15 minutes the first 2 hours, then every 30 minutes
thereafter. The update of information may be at the request of state or local
law enforcement, as additional information becomes available, or as
investigation circumstances change. This information is provided to the CBI and
forwarded to the broadcasters.
B.
The cancellation of the Medina Alert Broadcast shall be the responsibility of
the CBI. The requesting law enforcement agency must contact the CBI designee to
deactivate the Medina Alert Broadcast once the suspect or suspects have been
apprehended or at the end of the determined notification period.
C. The CBI will notify the participating
radio stations, television stations, and other media outlets in Colorado that
the suspect or suspects have been apprehended or at the end of the determined
notification period, whichever comes first.
D. A list of broadcasters receiving the alert
will be maintained by the CBI.
