HB 26-1138

House Bill 26-1138, also known as the Retail Theft Prevention Program, establishes an advisory board within the Colorado Attorney General's office to address retail theft and gift card fraud. The bill sets up a grant program that funds law enforcement agencies and prosecutors working on these crimes, allowing them to use resources for investigations, technology development, training, and prevention efforts. Starting in 2028, the Attorney General’s division will report annually on the effectiveness of this grant program and the state's progress in combating felony-level retail theft. The bill also extends an existing crime prevention grant program until November 1, 2029, and allocates $200,000 from it to support the new retail theft grant program. Since the bill has been signed into law, these measures are now active and being implemented in Colorado.

Official Summary

The act creates the retail theft prevention advisory board (advisory board) in the division of criminal justice in the department of public safety (division). The advisory board shall develop procedures related to applying for a grant for the retail theft prevention grant program created in the act; review grant applications and award grants; collect and analyze data related to organized felony-level retail theft and gift card fraud trends, losses, prosecutions, and outcomes in Colorado; and develop policy recommendations in coordination with state and federal partners on how to combat felony-level retail theft and gift card fraud.     The act creates the retail theft prevention grant program in the division. A state or local law enforcement agency, district attorney's office, multijurisdictional or regional task force, or tribal law enforcement agency may apply for a grant, which may be used to investigate and prosecute organized felony-level retail theft or gift card fraud; develop or invest in technology, data-sharing systems, and analytics tools to analyze felony-level retail theft and gift card fraud metrics; provide training and technical assistance to retailers or law enforcement agencies; and develop prevention and deterrence initiatives specific to felony-level retail theft and gift card fraud.     Beginning January 2028, the act requires the division to annually report during its 'SMART Act' hearing certain information about the retail theft prevention grant program and felony-level retail theft in Colorado.     The act extends the crime prevention through safer streets grant program (safer streets grant program) to November 1, 2029, and makes the retail theft prevention grant program an allowable use of the money appropriated for the safer streets grant program. On July 1, 2027, $200,000 of the unexpended and unencumbered money remaining at the end of the 2026-27 state fiscal year from the money appropriated for the safer streets grant program reverts to the general fund.(Note: This summary applies to this bill as enacted.)

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