Polis Signs Legislation Regulating Prone Restraint

DENVER, CO – On Monday, Governor Polis signed HB24-1372 into law. Sponsored by Representatives Leslie Herod, D-Denver, and Steven Woodrow, D-Denver, and Senators Rhonda Fields, D-Aurora, and Julie Gonzales, D-Denver, the new law defines the practice of “prone restraint,” and requires all law enforcement agencies in Colorado to create and adopt policies for the use of prone restraint that meet a common baseline. 

The new law requires agencies to train their officers on those policies, publish the policies on their websites, and update them every five years to align with best practices. HB24-1372 also creates individual liability for peace officers who misuse the tactic, which aligns with SB20-217. Colorado joins a handful of states in regulating the potentially dangerous technique.

“This is an important continuation of the police accountability work we’ve been doing at the Colorado State Capitol since the deaths of Elijah McClain and George Floyd,” said Herod. “Too many people in Colorado and across the country, particularly in Black and Brown communities, have lost their lives when peace officers inappropriately deploy prone restraint. This law will save lives.”

“Health and safety are of primary importance - for the person who’s being restrained by law enforcement, for the peace officer themselves, and for the general public,” Fields said. “We set a shared baseline for training on the use of prone restraint, including the requirement that the detained individual be immediately moved to a recovery position so they can breathe normally. We want everyone to leave these encounters alive.”

“We defined prone restraint as a use of physical force, so it follows that the force used can either be appropriate or excessive,” said Woodrow. “If a jury finds an officer’s use of force to be excessive, then the criminal and civil liability structures already in law can apply and officers can be held fully accountable.”

“For too many years, relationships between law enforcement and community have been strained. Trust must be rebuilt,” said Gonzales. “For that to happen, we need policies in place to assure all Coloradans will be treated fairly and respectfully when encountered by law enforcement. We know that the majority of peace officers strive for that. The passage of HB24-1372 improves expectations and creates accountability for those who may not.”

The bill sponsors thank the many community members and advocacy organizations who helped shape the legislation and supported it throughout the process; particularly, Mrs. Sheneen McClain, Ms. Shataeah Kelly, and the Colorado Criminal Defense Bar.

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