Eyewitness Identification Reform

State statute requires that all law enforcement agencies implement scientifically-supported eyewitness identification protocols that contain: blind administration, proper instructions, proper fillers, and confidence statements. Effective 2015.

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Recording of Interrogations

State statute requires that custodial interrogations in certain felony cases be electronically recorded. If information obtained in an interrogation is not electronically recorded, the law allows for the court to issue a jury instruction regarding the failure to record, which explicitly informs the jury that the failure is a violation of law enforcement policy. Effective: July 2017.

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Post Conviction DNA Testing

State statute permits any prisoner currently serving his/her sentence to file for post-conviction DNA testing with the district court where the conviction occurred. Effective: 2003; Amended most recently: 2009.

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Evidence Preservation

State statute requires that evidence in felony and sex offense cases carrying the possibility of an indeterminate sentence be preserved for the life of the defendant. Effective: 2009; Amended most recently 2011.

Colorado's statute meets the best practices standards outlined by the NIST Technical Working Group on Biological Evidence Preservation.

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Exoneree Compensation

Requires the state compensate a person, or the immediate family members of a person, who has been: 1) wrongly convicted of a felony, or wrongly adjudicated as juvenile delinquent for the commission of an offense that would be a felony if committed by a person 18 years of age or older; 2) incarcerated; and 3) exonerated and found to be actually innocent. A person who is eligible to seek compensation from the state as an exonerated person, or the immediate family members of such a person, may petition a district court for an order declaring the person to be actually innocent and eligible to receive an order of compensation. Colorado inmates will receive $70,000 for each year wrongfully incarcerated, an additional $50,000 for each year on death row, and other assistance in the form of tuition waivers and healthcare from the state of Colorado. Effective 2013.

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