STATEMENT OF BASIS, STATUTORY AUTHORITY, AND PURPOSE
Pursuant to 42-5-112(3)(f), C.R.S., the Executive Director of the Colorado Department of Public Safety shall promulgate rules and regulations whereby a law enforcement agency or other qualified applicant may apply for grants which will assist in improving and supporting automobile theft prevention programs or programs for the enforcement or prosecution of automobile theft crimes through statewide planning and coordination. As a result of review by Legislative Legal Services, CATPA rule numbers 5, 6,7,10, and 11 were sunset on May 15, 2005 and repealed on May 15, 2008. These rule amendments are necessary for the administration of this grant process, including the requirements for an entity other than a law enforcement agency to be a qualified applicant, application procedures, the criteria for selection of grant awards, the amount granted and procedures for reviewing the success of the programs that receive grants. It was declared by the General Assembly that the creating and establishing a process for the administration of the Colorado Automobile Theft Prevention Authority is a matter of statewide concern and necessary for the immediate preservation of the public peace, health, and safety. The absence of implementing rules to carry out the purpose of the statute would be contrary to the public health, peace, safety and welfare of the state. For these reasons, it is imperatively necessary that these rule amendments be adopted. ______________________________ ________________
Peter Weir, Executive Director Date of Adoption
Colorado Department of Public Safety
DEPARTMENT OF PUBLIC SAFETY COLORADO AUTOMOBILE THEFT PREVENTION AUTHORITY
RULES AND REGULATIONS
COLORADO AUTOMOBILE THEFT PREVENTION AUTHORITY
AUTHORITY TO ADOPT RULES AND REGULATIONS
The Executive Director of the Colorado Department of Public Safety is authorized by the provisions of section 42-5-112(3)(f), C.R.S., to adopt rules and regulations creating processby which WHEREBY law enforcement agencies or other qualified applicants may apply for grants to assist in improving and supporting motor vehicle theft prevention programs or programs for the enforcement or prosecution of motor vehicle theft crimes through statewide planning and coordination.
“Qualified Applicant” – shall mean any Colorado law enforcement agency, state agency, local units of government, independent school districts, nonprofit, and for profit organizations that can show their program involves some aspect of motor vehicle theft prevention.
REQUIREMENTS FOR AN ENTITY OTHER THAN A LAW ENFORCEMENT AGENCY TO BE A QUALIFIED APPLICANT:
An entity must show in writing verification that their program(s) involve some type of motor vehicle theft prevention, enforcement, prosecution, or offender rehabilitation.
These rules and regulations shall apply to all law enforcement agencies and qualified applicants within the State of Colorado.
CATPA 5 APPLICATION PROCEDURES
GRANT APPLICATIONS SHALL BE IN THE FORM REQUIRED BY GRANT ANNOUNCEMENTS.
THE COLORADO AUTOMOBILE THEFT PREVENTION AUTHORITY (CATPA) WILL ANNOUNCE TO ALL QUALIFIED APPLICANTS ANNUALLY WITHIN THE STATE OF COLORADO WHEN GRANT FUNDS BECOME AVAILABLE AND THE APPLICATION PROCESS BEGINS. THE NOTICE MAY INCLUDE WRITTEN NOTIFICATION BY MAIL AND POSTING ON THE INTERNET WEB PAGES OF THE STATE OF COLORADO, THE DEPARTMENT OF PUBLIC SAFETY AND THE COLORADO STATE PATROL, AMONG OTHER AGENCIES AND ORGANIZATIONS.
EACH APPLICATION SHALL, AT A MINIMUM, DESCRIBE THE TYPE OF MOTOR VEHICLE THEFT PREVENTION, ENFORCEMENT, PROSECUTION, OR OFFENDER REHABILITATION PROGRAM TO BE IMPLEMENTED. SUCH PROGRAMS MAY INCLUDE, BUT NEED NOT BE LIMITED TO:
1. MULTI-AGENCY LAW ENFORCEMENT AND NATIONAL INSURANCE CRIME BUREAU TASK FORCE PROGRAMS USING PROACTIVE INVESTIGATIVE METHODS TO REDUCE THE INCIDENTS OF MOTOR VEHCILE THEFT AND RELATED CRIMES AND TO INCREASE THE APPREHENSION OF MOTOR VEHICLE THIEVES AND INDIVIDUALS OR GROUPS WHO ATTEMPT TO DEFRAUD INSURANCE COMPANIES. THIS MAY BE ACCOMPLISHED BY:
a. DIRECT PROACTIVE INVESTIGATIVE AND ENFORCEMENT EFFORTS TOWARD THE REDUCTION OF MOTOR VEHCILE THEFTS;
INCREASE RECOVERIES OF STOLEN MOTOR VEHICLES, INCLUDING FARM AND CONSTRUCTION EQUIPEMENT; AND
INCREASE THE ARRESTS OF PERPETRATORS.
2. PROGRAMS THAT ENGAGE IN CRIME PREVENTION EFFORTS, ACTIVITIES, PUBLIC AWARENESS CAMPAIGNS AND JUDICIAL TRAINING THAT ARE INTENDED TO REDUCE THE PUBLIC’S VICTIMIZATION BY MOTOR VEHICLE THEFT, INSURANCE FRAUD, AND/OR RELATED CRIMES;
3. PROGRAMS THAT PROVIDE OR DEVELOP SPECIALIZED TRAINING FOR MOTOR VEHICLE THEFT INVESTIGATIVE PERSONNEL, INCLUDING BUT NOT LIMITED TO LAW ENFORCEMENT PERSONNEL, COUNTY TITLE AND REGISTRATION CLERKS, DIVISION OF REVENUE TITLE CLERKS, AND PORT-OF-ENTRY OFFICIALS, IN ORDER TO ENHANCE KNOWLEDGE, SKILLS, PROCEDURES, AND SYSTEMS TO DETECT, PREVENT, AND COMBAT MOTOR VEHICLE THEFT, INSURANCE FRAUD AND RELATED CRIMES;
4. PROGRAMS THAT PROVIDE FOR THE TRAINING, SUPPORT, AND MAINTENANCE OF ONE OR MORE DEDICATED PROSECUTORS WHO HAVE THE SPECIFIC MISSION AND EXPERTISE TO PROVIDE LEGAL GUIDANCE AND PROSECUTORIAL CONTINUITY TO COMPLEX CRIMINAL CASES ARISING FROM THE ACTIVITES OF A MULTI-AGENCY LAW ENFORCEMENT PROGRAM; AND,
5. PROGRAMS TO PREVENT FUTURE CRIMINAL BEHAVIOR BY FIRST TIME OFFENDERS WHO HAVE BEEN CHARGED, CONVICTED, OR ADJUDICATED FOR MOTOR VEHICLE THEFT, INSURANCE FRAUD AND RELATED CRIMES.
APPLICATIONS SHALL BE FILED WITH THE BOARD AT 710 KIPLING, DENVER, CO. 80215.
CATPA 6 SELECTION OF GRANT RECIPIENTS (EVALUATION AND AWARD OF GRANT APPLICATIONS)
THE BOARD SHALL REVIEW EACH APPLICATION BASED ON THE FOLLOWING GUIDELINES:
PRIORITY WILL BE GIVEN TO APPLICATIONS REPRESENTING MULTIJURISDICTIONAL PROGRAMS.
DOES THE APPLICATION ADDRESS AN AUTO THEFT PROBLEM THAT IS CLEARLY IDENTIFIED, IS (AT LEAST PARTIALLY) MEASURASBLE AND IS SUPPORTED BY RELEVANT STATISTICAL EVIDENCE.
DOES THE APPLICATION SHOW A MINIMIZATION OF DUPLICATION OR OVERLAPPING OF EXISTING PROGRAMS.
DOES THE APPLICATION PROVIDE FOR A DESIGN WHEREIN THE ACTIVITIES AND GOALS ARE REALISTIC AND ATTAINABLE.
DOES THE APPLICATION DISPLAY INNOVATION IN ITS CONCEPT/DESIGN/OPERATION: (A PROJECT IS CONSIDERED INNOVATIVE IF IT PROVIDES A NEW AND DIFFERENT STRATEGY OR APPROACH THAT PREVENTS, DETERS, INTERVENES, OR STOPS CRIMINAL ACTIVITY FROM OCCURRING).
DOES THE APPLICATION DEMONSTRATE A COST STRUCTURE WHICH IS REALISTIC WHEN COMPARED TO ITS GOALS. (COST VS BENEFIT)
DOES THE APPLICATION INCLUDE A PROPOSED EVALUATION DESIGN THAT PROVIDES RELEVANT DATA TO MEASURE THE EFFECTIVENESS OF THE PROJECT, AND A PLAN FOR PERFORMING SUCH EVALUATION.
B. THE BOARD SHALL ENSURE THAT THE GUIDELINESARE APPLIED EQUITABLY TO ALL APPLICANTS.
C. TO THE EXTENT PRACTICAL, THE BOARD SHALL APPROVE GRANTS IN A VARIETY OF GEOGRAPHIC AREAS OF THE STATE.
CRITERIA FOR DETERMINING THE AMOUNT TO BE GRANTED
GRANT AMOUNTS SHALL BE PREDICATED UPON DUE CONSIDERATION OF THE FOLLOWING CRITERIA BY THE BOARD:
THE AMOUNT OF FUNDS AVAILABLE FOR THE CURRENT GRANT CYCLE.
EXISTING ACTIVITIES OR PROGRAMS THAT ADDRESS THE PROBLEM.
STATISTICAL ANALYSIS OF AUTO THEFT PROBLEMS IN THE PROJECT AREA.
COOPERATION AND COORDINATION WITH OTHER AGENCIES/PROJECTS TO ADDRESS AUTO THEFT PROBLEMS.
PROPOSED PLAN FOR AUTO THEFT CRIME PREVENTION, EDUCATION, AND TRAINING.
THE NUMBER OF PERSONNEL INVOLVED IN THE PROJECT.
APPLICANTS’ EXPERIENCE, QUALIFICATIONS AND PAST PERFORMANCE WHICH DEMOSTRATE A CAPABILITY TO SUCCESSFULLY OPERATE THE PROPOSED PROJECT.
CATPA 8 DURATION OF THE GRANTS
The Board may award grants GRANTS MAY BE AWARDED FOR from one to three years.
NOTIFICATION OF GRANT AWARD DECISIONS
The Board shall give written notification to applicants of the decisions of the Board.
CATPA 10 PROCEDURES FOR REVIEWING THE SUCCESS OF THE PROGRAMS THAT RECEIVE GRANTS A. GRANT RECIPIENTS MUST COMPLETE CATPA QUARTERLY FINANCIAL AND PROGRESS REPORTS THAT ARE REVIEWED BY THE CATPA BOARD FOR THE PURPOSE OF MONITORING GRANT IMPLEMENTATION AND ACHIEVEMENT OF OBJECTIVES.
1. CATPA WILL PROVIDE FINANCIAL AND QUARTERLY REPORTING FORMS TO GRANT RECIPIENTS.
2. GRANT RECIPIENTS WILL COMPLETE AND SUBMIT CATPA FORMS QUARTERLY.
3. THE CATPA BOARD WILL REVIEW QUARTERLY REPORTS BASED UPON IDENTIFIED CATPA GOALS AND OBJECTIVES.
4. CATPA WILL GIVE FEEDBACK TO GRANT RECIPIENTS.
The Board shall solicit and review applications for grants.
The Board may award grants for one to three years.
C. The Board shall give priority to applications representing multi-jurisdictional programs.
D. To the extent practical, the Board shall approve grants in a variety of geographic areas of the state.
E. The Board SHALL NOT require as a condition of receipt of a grant that an agency, political subdivision, or other qualified applicant provide any additional moneys to operate an automobile theft prevention program or a program for the enforcement or prosecution of automobile theft crimes.
F. The Board may appoint a Director for the authority who may employ such staff as may be necessary to operate and administer the authority subject to moneys available in the fund. PUBLICATIONS AND RULES INCORPORATED BY REFERENCE
ALL PUBLICATIONS AND RULES ADOPTED AND INCORPORTATED BY REFERENCE IN THESE REGULATIONS ARE ON FILE AND AVAILABLE FOR PUBLIC INSPECTION BY CONTACTING (TO BE DETERMINED). THIS RULE DOES NOT INCLUDE LATER AMENDMENTS TO OR EDITIONS OF ANY MATERIALS INCOPRPORATED BY REFERENCE. ALL PUBLICATIONS AND RULES ADOPTED AND INCORPORATED BY REFERENCE IN THESE REGULATIONS MAY BE EXAMINED AT ANY STATE PUBLICATIONS DEPOSITORY LIBRARY.