(1) Any person who knowingly makes any material false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this article 8 or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this article 8 is guilty of a class 5 felony and, upon conviction thereof, shall be punished as specified in section 18-1.3-401.
Prosecution under this section shall be commenced upon request by the division or apeace officer, who must present evidence based on reasonable suspicion to either the attorney general or a district attorney for the district in which an alleged violation occurs. No criminal violation will be charged without probable cause.
If two separate offenses under this section occur in two separate occurrences during aperiod of two years, notwithstanding section 18-1.3-401, the maximum fine and period of imprisonment for the second offense are double the amounts specified in section 18-1.3-401.
Any penalty collected under this section shall be credited to the general fund.
Source: L. 81: Entire article R&RE, p. 1335, § 1, effective July 1. L. 83: (2) amended, p.
1080, § 7, effective July 1. L. 2020: Entire section amended, (HB 20-1143), ch. 219, p. 1083, § 4, effective July 2.
Editor's note: Section 5 of chapter 219 (HB 20-1143), Session Laws of Colorado 2020, provides that the act changing this section applies to conduct occurring, including fines assessed, on or after July 2, 2020.