NOTE: The following text is current through the 2002 Legislative Regular Session. This website is for informational use only. It is not a definitive source for the Colorado Revised Statutes. Please see the Colorado Statute Manager site published by the Office of the Revisor of the Statutes, Colorado State Legislature.
24-72-112. Public records free to servicemen.
Whenever a copy of any public record is required by the United States
veterans administration or its successors or any other agency of the government
of the United States to be used in determining the eligibility of any person who
has served in the armed forces of the United States or any dependent of such
person to participate in benefits for such person made available by the laws of
the United States in relation to such service in the armed forces of the United
States, the official charged with the custody of such public records, without
charge, shall provide the applicant for such benefits or any person acting on
his behalf, or the representative of such bureau or other agency, with a
certified copy of such record.
24-72-201. Legislative declaration.
It is declared to be the public policy of this state that all public records
shall be open for inspection by any person at reasonable times, except as
provided in this part 2 or as otherwise specifically provided by law.
24-72-202. Definitions.
As used in this part 2, unless the context otherwise requires:
(1) "Correspondence" means a communication that is sent to or received
by one or more specifically identified individuals and that is or can be
produced in written form, including, without limitation:
(a) Communications sent via U.S. mail;
(b) Communications sent via private courier;
(c) Communications sent via electronic mail.
(1.1) "Custodian" means and includes the official custodian or any
authorized person having personal custody and control of the public records in
question.
(1.2) "Electronic mail" means an electronic message that is
transmitted between two or more computers or electronic terminals, whether or
not the message is converted to hard copy format after receipt and whether or
not the message is viewed upon transmission or stored for later retrieval.
"Electronic mail" includes electronic messages that are transmitted
through a local, regional, or global computer network.
(1.3) "Executive position" means any nonelective employment position
with a state agency, institution, or political subdivision, except employment
positions in the state personnel system or employment positions in a classified
system or civil service system of an institution or political subdivision.
(1.5) "Institution" includes but is not limited to every state
institution of higher education, whether established by the state constitution
or by law, and every governing board thereof. In particular, the term includes
the university of Colorado, the regents thereof, and any other state institution
of higher education or governing board referred to by the provisions of section
5 of article VIII of the state constitution.
(1.7) "Local government-financed entity" shall have the same meaning
as provided in section 29-1-901 (1), C.R.S.
(2) "Official custodian" means and includes any officer or employee of
the state, of any agency, institution, or political subdivision of the state, or
of any local government-financed entity who is responsible for the maintenance,
care, and keeping of public records, regardless of whether the records are in
his or her actual personal custody and control.
(3) "Person" means and includes any natural person, corporation,
limited liability company, partnership, firm, or association.
(4) "Person in interest" means and includes the person who is the
subject of a record or any representative designated by said person; except
that, if the subject of the record is under legal disability, "person in
interest" means and includes his parent or duly appointed legal
representative.
(4.5) "Personnel files" means and includes home addresses, telephone
numbers, financial information, and other information maintained because of the
employer-employee relationship, and other documents specifically exempt from
disclosure under this part 2 or any other provision of law. "Personnel
files" does not include applications of past or current employees,
employment agreements, any amount paid or benefit provided incident to
termination of employment, performance ratings, final sabbatical reports
required under section 23-5-123, C.R.S., or any compensation, including expense
allowances and benefits, paid to employees by the state, its agencies,
institutions, or political subdivisions.
(5) "Political subdivision" means and includes every county, city and
county, city, town, school district, special district, and housing authority
within this state.
(6) (a) (I) "Public records" means and includes all writings made,
maintained, or kept by the state, any agency, institution, a nonprofit
corporation incorporated pursuant to section 23-5-121 (2), C.R.S., or political
subdivision of the state, or that are described in section 29-1-902, C.R.S., and
held by any local government-financed entity for use in the exercise of
functions required or authorized by law or administrative rule or involving the
receipt or expenditure of public funds.
(II) "Public records" includes the correspondence of elected
officials, except to the extent that such correspondence is:
(A) Work product;
(B) Without a demonstrable connection to the exercise of functions required or
authorized by law or administrative rule and does not involve the receipt or
expenditure of public funds;
(C) A communication from a constituent to an elected official that clearly
implies by its nature or content that the constituent expects that it is
confidential or a communication from the elected official in response to such a
communication from a constituent; or
(D) Subject to nondisclosure as required in section 24-72-204 (1).
(III) The acceptance by a public official or employee of compensation for
services rendered, or the use by such official or employee of publicly owned
equipment or supplies, shall not be construed to convert a writing that is not
otherwise a "public record" into a "public record".
(b) "Public records" does not include:
(I) Criminal justice records that are subject to the provisions of part 3 of
this article;
(II) Work product prepared for elected officials. However, elected officials may
release, or authorize the release of, all or any part of work product prepared
for them.
(III) Data, information, and records relating to Colorado student obligation
bond authority programs pursuant to sections 23-3.1-225 and 23-3.1-307.5,
C.R.S., as follows:
(A) Data, information, and records relating to individual purchasers and
qualified beneficiaries of advance payment contracts under the prepaid expense
trust fund and the prepaid expense program, including any records that reveal
personally identifiable information about such individuals;
(B) Data, information, and records relating to designated beneficiaries of and
individual contributors to an individual trust account or savings account under
the college savings program, including any records that reveal personally
identifiable information about such individuals;
(C) Trade secrets and proprietary information regarding software, including
programs and source codes, utilized or owned by the authority; and
(D) Marketing plans and the results of market surveys conducted by the
authority.
(IV) Materials received, made, or kept by a crime victim compensation board or a
district attorney that are confidential pursuant to the provisions of section
24-4.1-107.5.
(V) Notification of a possible nonaccidental fire loss or fraudulent insurance
act given to an authorized agency pursuant to section 10-4-1003 (1), C.R.S.
(6.5) (a) "Work product" means and includes all intra- or inter-agency
advisory or deliberative materials assembled for the benefit of elected
officials, which materials express an opinion or are deliberative in nature and
are communicated for the purpose of assisting such elected officials in reaching
a decision within the scope of their authority. Such materials include, but are
not limited to:
(I) Notes and memoranda that relate to or serve as background information for
such decisions;
(II) Preliminary drafts and discussion copies of documents that express a
decision by an elected official.
(b) "Work product" also includes all documents relating to the
drafting of bills or amendments, pursuant to section 2-3-505 (2) (b), C.R.S.,
but it does not include the final version of documents prepared or assembled
pursuant to section 2-3-505 (2) (c), C.R.S. "Work product" also
includes all research projects conducted by staff of legislative council
pursuant to section 2-3-304 (1), C.R.S., if the research is requested by a
member of the general assembly and identified by the member as being in
connection with pending or proposed legislation or amendments thereto. However,
the final product of any such research project shall become a public record
unless the member specifically requests that it remain work product. In
addition, if such a research project is requested by a member of the general
assembly and the project is not identified as being in connection with pending
or proposed legislation or amendments thereto, the final product shall become a
public record.
(c) "Work product" does not include:
(I) Any final version of a document that expresses a final decision by an
elected official;
(II) Any final version of a fiscal or performance audit report or similar
document the purpose of which is to investigate, track, or account for the
operation or management of a public entity or the expenditure of public money,
together with the final version of any supporting material attached to such
final report or document;
(III) Any final accounting or final financial record or report;
(IV) Any materials that would otherwise constitute work product if such
materials are produced and distributed to the members of a public body for their
use or consideration in a public meeting or cited and identified in the text of
the final version of a document that expresses a decision by an elected
official.
(d) (I) In addition, "work product" does not include any final version
of a document prepared or assembled for an elected official that consists solely
of factual information compiled from public sources. The final version of such a
document shall be a public record. These documents include, but are not limited
to:
(A) Comparisons of existing laws, ordinances, rules, or regulations with the
provisions of any bill, amendment, or proposed law, ordinance, rule, or
regulation; comparisons of any bills, amendments, or proposed laws, ordinances,
rules, or regulations with other bills, amendments, or proposed laws,
ordinances, rules, or regulations; comparisons of different versions of bills,
amendments, or proposed laws, ordinances, rules, or regulations; and comparisons
of the laws, ordinances, rules, or regulations of the jurisdiction of the
elected official with the laws, ordinances, rules, or regulations of other
jurisdictions;
(B) Compilations of existing public information, statistics, or data;
(C) Compilations or explanations of general areas or bodies of law, ordinances,
rules, or regulations, legislative history, or legislative policy.
(II) This paragraph (d) shall not apply to documents prepared or assembled for
members of the general assembly pursuant to paragraph (b) of this subsection
(6.5).
(7) "Writings" means and includes all books, papers, maps,
photographs, cards, tapes, recordings, or other documentary materials,
regardless of physical form or characteristics. "Writings" includes
digitally stored data, including without limitation electronic mail messages,
but does not include computer software.
24-72-203. Public records open to inspection.
(1) (a) All public records shall be open for inspection by any person at
reasonable times, except as provided in this part 2 or as otherwise provided by
law, but the official custodian of any public records may make such rules with
reference to the inspection of such records as are reasonably necessary for the
protection of such records and the prevention of unnecessary interference with
the regular discharge of the duties of the custodian or the custodian's office.
(b) Where public records are kept only in miniaturized or digital form, whether
on magnetic or optical disks, tapes, microfilm, microfiche, or otherwise, the
official custodian shall:
(I) Adopt a policy regarding the retention, archiving, and destruction of such
records; and
(II) Take such measures as are necessary to assist the public in locating any
specific public records sought and to ensure public access to the public records
without unreasonable delay or unreasonable cost. Such measures may include,
without limitation, the availability of viewing stations for public records kept
on microfiche; the provision of portable disk copies of computer files; or
direct electronic access via on-line bulletin boards or other means.
(2) (a) If the public records requested are not in the custody or control of the
person to whom application is made, such person shall forthwith notify the
applicant of this fact, in writing if requested by the applicant. In such
notification, the person shall state in detail to the best of the person's
knowledge and belief the reason for the absence of the records from the person's
custody or control, the location of the records, and what person then has
custody or control of the records.
(b) If an official custodian has custody of correspondence sent by or received
by an elected official, the official custodian shall consult with the elected
official prior to allowing inspection of the correspondence for the purpose of
determining whether the correspondence is a public record.
(3) (a) If the public records requested are in the custody and control of the
person to whom application is made but are in active use, in storage, or
otherwise not readily available at the time an applicant asks to examine them,
the custodian shall forthwith notify the applicant of this fact, in writing if
requested by the applicant. If requested by the applicant, the custodian shall
set a date and hour at which time the records will be available for inspection.
(b) The date and hour set for the inspection of records not readily available at
the time of the request shall be within a reasonable time after the request. As
used in this subsection (3), a "reasonable time" shall be presumed to
be three working days or less. Such period may be extended if extenuating
circumstances exist. However, such period of extension shall not exceed seven
working days. A finding that extenuating circumstances exist shall be made in
writing by the custodian and shall be provided to the person making the request
within the three-day period. Extenuating circumstances shall apply only when:
(I) A broadly stated request is made that encompasses all or substantially all
of a large category of records and the request is without sufficient specificity
to allow the custodian reasonably to prepare or gather the records within the
three-day period; or
(II) A broadly stated request is made that encompasses all or substantially all
of a large category of records and the agency is unable to prepare or gather the
records within the three-day period because:
(A) The agency needs to devote all or substantially all of its resources to
meeting an impending deadline or period of peak demand that is either unique or
not predicted to recur more frequently than once a month; or
(B) In the case of the general assembly or its staff or service agencies, the
general assembly is in session; or
(III) A request involves such a large volume of records that the custodian
cannot reasonably prepare or gather the records within the three-day period
without substantially interfering with the custodian's obligation to perform his
or her other public service responsibilities.
(c) In no event can extenuating circumstances apply to a request that relates to
a single, specifically identified document.
(4) Nothing in this article shall preclude the state or any of its agencies,
institutions, or political subdivisions from obtaining and enforcing trademark
or copyright protection for any public record, and the state and its agencies,
institutions, and political subdivisions are hereby specifically authorized to
obtain and enforce such protection in accordance with the applicable federal
law; except that this authorization shall not restrict public access to or fair
use of copyrighted materials and shall not apply to writings which are merely
lists or other compilations.
24-72-204. Allowance or denial of inspection - grounds - procedure -
appeal.
(1) The custodian of any public records shall allow any person the right of
inspection of such records or any portion thereof except on one or more of the
following grounds or as provided in subsection (2) or (3) of this section:
(a) Such inspection would be contrary to any state statute.
(b) Such inspection would be contrary to any federal statute or regulation
issued thereunder having the force and effect of law.
(c) Such inspection is prohibited by rules promulgated by the supreme court or
by the order of any court.
(2) (a) The custodian may deny the right of inspection of the following records,
unless otherwise provided by law, on the ground that disclosure to the applicant
would be contrary to the public interest:
(I) Any records of the investigations conducted by any sheriff, prosecuting
attorney, or police department, any records of the intelligence information or
security procedures of any sheriff, prosecuting attorney, or police department,
or any investigatory files compiled for any other law enforcement purpose;
(II) Test questions, scoring keys, and other examination data pertaining to
administration of a licensing examination, examination for employment, or
academic examination; except that written promotional examinations and the
scores or results thereof conducted pursuant to the state personnel system or
any similar system shall be available for inspection, but not copying or
reproduction, by the person in interest after the conducting and grading of any
such examination;
(III) The specific details of bona fide research projects being conducted by a
state institution, including, without limitation, research projects undertaken
by staff or service agencies of the general assembly or the office of the
governor in connection with pending or anticipated legislation;
(IV) The contents of real estate appraisals made for the state or a political
subdivision thereof relative to the acquisition of property or any interest in
property for public use, until such time as title to the property or property
interest has passed to the state or political subdivision; except that the
contents of such appraisal shall be available to the owner of the property, if a
condemning authority determines that it intends to acquire said property as
provided in section 38-1-121, C.R.S., relating to eminent domain proceedings,
but, in any case, the contents of such appraisal shall be available to the owner
under this section no later than one year after the condemning authority
receives said appraisal; and except as provided by the Colorado rules of civil
procedure. If condemnation proceedings are instituted to acquire any such
property, any owner of such property who has received the contents of any
appraisal pursuant to this section shall, upon receipt thereof, make available
to said state or political subdivision a copy of the contents of any appraisal
which the owner has obtained relative to the proposed acquisition of the
property.
(V) Any market analysis data generated by the department of transportation's bid
analysis and management system for the confidential use of the department of
transportation in awarding contracts for construction or for the purchase of
goods or services and any records, documents, and automated systems prepared for
the bid analysis and management system; and
(VI) Records and information relating to the identification of persons filed
with, maintained by, or prepared by the department of revenue pursuant to
section 42-2-121, C.R.S.
(b) If the right of inspection of any record falling within any of the
classifications listed in this subsection (2) is allowed to any officer or
employee of any newspaper, radio station, television station, or other person or
agency in the business of public dissemination of news or current events, it
shall be allowed to all such news media.
(c) Notwithstanding any provision to the contrary in subparagraph (I) of
paragraph (a) of this subsection (2), the custodian shall deny the right of
inspection of any materials received, made, or kept by a crime victim
compensation board or a district attorney that are confidential pursuant to the
provisions of section 24-4.1-107.5.
(3) (a) The custodian shall deny the right of inspection of the following
records, unless otherwise provided by law; except that any of the following
records, other than letters of reference concerning employment, licensing, or
issuance of permits, shall be available to the person in interest under this
subsection (3):
(I) Medical, mental health, sociological, and scholastic achievement data on
individual persons, other than scholastic achievement data submitted as part of
finalists' records as set forth in subparagraph (XI) of this paragraph (a) and
exclusive of coroners' autopsy reports and group scholastic achievement data
from which individuals cannot be identified; but either the custodian or the
person in interest may request a professionally qualified person, who shall be
furnished by the said custodian, to be present to interpret the records;
(II) (A) Personnel files; but such files shall be available to the person in
interest and to the duly elected and appointed public officials who supervise
such person's work.
(B) The provisions of this subparagraph (II) shall not be interpreted to prevent
the public inspection or copying of any employment contract or any information
regarding amounts paid or benefits provided under any settlement agreement
pursuant to the provisions of article 19 of this title.
(III) Letters of reference;
(IV) Trade secrets, privileged information, and confidential commercial,
financial, geological, or geophysical data furnished by or obtained from any
person;
(V) Library and museum material contributed by private persons, to the extent of
any limitations placed thereon as conditions of such contributions;
(VI) Addresses and telephone numbers of students in any public elementary or
secondary school;
(VII) Library records disclosing the identity of a user as prohibited by section
24-90-119;
(VIII) Repealed.
(IX) Addresses, telephone numbers, and personal financial information of past or
present users of public utilities, public facilities, or recreational or
cultural services which are owned and operated by the state, its agencies,
institutions, or political subdivisions; except that, nothing in this
subparagraph (IX) shall prohibit the custodian of records from transmitting such
data to any peace officer, as defined in section 18-1-901 (3) (l) (I), (3) (l)
(II), and (3) (l) (III), C.R.S., acting within the scope of such officer's
authority and in furtherance of such officer's duties, who makes a request to
the custodian to inspect such records and who provides evidence satisfactory to
the custodian that the inspection is reasonably related to such peace officer's
authority and duties. Nothing in this subparagraph (IX) shall be construed to
prohibit the publication of such information in an aggregate or statistical form
so classified as to prevent the identification, location, or habits of
individuals.
(X) (A) Any records of sexual harassment complaints and investigations, whether
or not such records are maintained as part of a personnel file; except that, an
administrative agency investigating the complaint may, upon a showing of
necessity to the custodian of records, gain access to information necessary to
the investigation of such a complaint. This sub-subparagraph (A) shall not apply
to records of sexual harassment complaints and investigations that are included
in court files and records of court proceedings. Disclosure of all or a part of
any records of sexual harassment complaints and investigations to the person in
interest is permissible to the extent that the disclosure can be made without
permitting the identification, as a result of the disclosure, of any individual
involved. This sub-subparagraph (A) shall not preclude disclosure of all or part
of the results of an investigation of the general employment policies and
procedures of an agency, office, department, or division, to the extent that the
disclosure can be made without permitting the identification, as a result of the
disclosure, of any individual involved.
(B) A person in interest under this subparagraph (X) includes the person making
a complaint and the person whose conduct is the subject of such a complaint.
(C) A person in interest may make a record maintained pursuant to this
subparagraph (X) available for public inspection when such record supports the
contention that a publicly reported, written, printed, or spoken allegation of
sexual harassment against such person is false.
(XI) (A) Records submitted by or on behalf of an applicant or candidate for an
executive position as defined in section 24-72-202 (1.3) who is not a finalist. For purposes of this
subparagraph (XI), "finalist" means an applicant or candidate for an
executive position as the chief executive officer of a state agency,
institution, or political subdivision or agency thereof who is a member of
the final group of applicants or candidates made public pursuant to section
24-6-402 (3.5), and if only three or fewer applicants or candidates for the
chief executive officer position possess the minimum qualifications for the
position, said applicants or candidates shall be considered finalists.
(B) The provisions of this subparagraph (XI) shall not be construed to prohibit
the public inspection or copying of any records submitted by or on behalf of a
finalist; except that letters of reference or medical, psychological, and
sociological data concerning finalists shall not be made available for public
inspection or copying.
(C) The provisions of this subparagraph (XI) shall apply to employment selection
processes for all executive positions, including, but not limited to, selection
processes conducted or assisted by private persons or firms at the request of a
state agency, institution, or political subdivision.
(XII) Any record indicating that a person has obtained distinguishing license
plates or an identifying placard for persons with disabilities under section
42-3-121, C.R.S., or any other motor vehicle record that would reveal the
presence of a disability.
(XIII) Records protected under the common law governmental or "deliberative
process" privilege, if the material is so candid or personal that public
disclosure is likely to stifle honest and frank discussion within the
government, unless the privilege has been waived. The general assembly hereby
finds and declares that in some circumstances, public disclosure of such records
may cause substantial injury to the public interest. If any public record is
withheld pursuant to this subparagraph (XIII), the custodian shall provide the
applicant with a sworn statement specifically describing each document withheld,
explaining why each such document is privileged, and why disclosure would cause
substantial injury to the public interest. If the applicant so requests, the
custodian shall apply to the district court for an order permitting him or her
to restrict disclosure. The application shall be subject to the procedures and
burden of proof provided for in subsection (6) of this section. All persons
entitled to claim the privilege with respect to the records in issue shall be
given notice of the proceedings and shall have the right to appear and be heard.
In determining whether disclosure of the records would cause substantial injury
to the public interest, the court shall weigh, based on the circumstances
presented in the particular case, the public interest in honest and frank
discussion within government and the beneficial effects of public scrutiny upon
the quality of governmental decision-making and public confidence therein.
(XIV) Veterinary medical data, information, and records on individual animals
that are owned by private individuals or business entities, but are in the
custody of a veterinary medical practice or hospital, including the veterinary
teaching hospital at Colorado state university, that provides veterinary medical
care and treatment to animals. A veterinary-patient-client privilege exists with
respect to such data, information, and records only when a person in interest
and a veterinarian enter into a mutual agreement to provide medical treatment
for an individual animal and such person in interest maintains an ownership
interest in such animal undergoing treatment. For purposes of this subparagraph
(XIV), "person in interest" means the owner of an animal undergoing
veterinary medical treatment or such owner's designated representative. Nothing
in this subparagraph (XIV) shall prevent the state agricultural commission or
the state board of veterinary medicine from exercising its investigatory and
enforcement powers and duties granted pursuant to sections 35-1-106 (1) (h) and
12-64-105 (9) (e), C.R.S., respectively.
(b) Nothing in this subsection (3) shall prohibit the custodian of records from
transmitting data concerning the scholastic achievement of any student to any
prospective employer of such student, nor shall anything in this subsection (3)
prohibit the custodian of records from making available for inspection, from
making copies, print-outs, or photographs of, or from transmitting data
concerning the scholastic achievement or medical, psychological, or sociological
information of any student to any law enforcement agency of this state, of any
other state, or of the United States where such student is under investigation
by such agency and the agency shows that such data is necessary for the
investigation.
(c) Nothing in this subsection (3) shall prohibit the custodian of the records
of a school, including any institution of higher education, or a school district
from transmitting data concerning standardized tests, scholastic achievement,
disciplinary information involving a student, or medical, psychological, or
sociological information of any student to the custodian of such records in any
other such school or school district to which such student moves, transfers, or
makes application for transfer, and the written permission of such student or
his or her parent or guardian shall not be required therefor. No state
educational institution shall be prohibited from transmitting data concerning
standardized tests or scholastic achievement of any student to the custodian of
such records in the school, including any state educational institution, or
school district in which such student was previously enrolled, and the written
permission of such student or his or her parent or guardian shall not be
required therefor.
(d) The provisions of this paragraph (d) shall apply to all public schools and
school districts that receive funds under article 54 of title 22, C.R.S.
Notwithstanding the provisions of subparagraph (VI) of paragraph (a) of this
subsection (3), under policies adopted by the local board of education, the
names, addresses, and home telephone numbers of students in any secondary school
shall be released to a recruiting officer for any branch of the United States
armed forces who requests such information, subject to the following:
(I) Each local board of education shall adopt a policy to govern the release of
the names, addresses, and home telephone numbers of secondary school students to
military recruiting officers that provides that such information shall be
released to recruiting officers unless a student submits a request, in writing,
that such information not be released.
(II) The directory information requested by a recruiting officer shall be
released by the local board of education within ninety days of the date of the
request.
(III) The local board of education shall comply with any applicable provisions
of the federal "Family Education Rights and Privacy Act of 1974"
(FERPA), 20 U.S.C. section 1232g, and the federal regulations cited thereunder
relating to the release of student information by educational institutions that
receive federal funds.
(IV) Actual direct expenses incurred in furnishing this information shall be
paid for by the requesting service and shall be reasonable and customary.
(V) The recruiting officer shall use the data released for the purpose of
providing information to students regarding military service and shall not use
it for any other purpose or release such data to any person or organization
other than individuals within the recruiting services of the armed forces.
(e) (I) The provisions of this paragraph (e) shall apply to all public schools
and school districts. Notwithstanding the provisions of subparagraph (I) of
paragraph (a) of this subsection (3), under policies adopted by each local board
of education, consistent with applicable provisions of the federal "Family
Education Rights and Privacy Act of 1974" (FERPA), 20 U.S.C. sec. 1232g,
and all federal regulations and applicable guidelines adopted thereto,
information directly related to a student and maintained by a public school or
by a person acting for the public school shall be available for release if the
disclosure meets one or more of the following conditions:
(A) The disclosure is to other school officials, including teachers, working in
the school at which the student is enrolled who have specific and legitimate
educational interests in the information for use in furthering the student's
academic achievement or maintaining a safe and orderly learning environment;
(B) The disclosure is to officials of a school at which the student seeks or
intends to enroll or the disclosure is to officials at a school at which the
student is currently enrolled or receiving services, after making a reasonable
attempt to notify the student's parent or legal guardian or the student if he or
she is at least eighteen years of age or attending an institution of
postsecondary education, as prescribed by federal regulation;
(C) The disclosure is to state or local officials or authorities if the
disclosure concerns the juvenile justice system and the system's ability to
serve effectively, prior to adjudication, the student whose records are
disclosed and if the officials and authorities to whom the records are disclosed
certify in writing that the information shall not be disclosed to any other
party, except as otherwise provided by law, without the prior written consent of
the student's parent or legal guardian or of the student if he or she is at
least eighteen years of age or is attending an institution of postsecondary
education;
(D) The disclosure is to comply with a judicial order or a lawfully issued
subpoena, if a reasonable effort is made to notify the student's parent or legal
guardian or the student if he or she is at least eighteen years of age or is
attending a postsecondary institution about the order or subpoena in advance of
compliance, so that such parent, legal guardian, or student is provided an
opportunity to seek protective action, unless the disclosure is in compliance
with a federal grand jury subpoena or any other subpoena issued for a law
enforcement purpose and the court or the issuing agency has ordered that the
existence or contents of the subpoena or the information furnished in response
to the subpoena not be disclosed;
(E) The disclosure is in connection with an emergency if knowledge of the
information is necessary to protect the health or safety of the student or other
individuals, as specifically prescribed by federal regulation.
(II) Nothing in this paragraph (e) shall prevent public school administrators,
teachers, or staff from disclosing information derived from personal knowledge
or observation and not derived from a student's record maintained by a public
school or a person acting for the public school.
(3.5) (a) Effective January 1, 1992, any individual who meets the requirements
of this subsection (3.5) may request that the address of such individual
included in any public records concerning that individual which are required to
be made, maintained, or kept pursuant to the following sections be kept
confidential:
(I) Sections 1-2-227 and 1-2-301, C.R.S.;
(II) (Deleted by amendment, L. 2000, p. 1337, § 1, effective May 30, 2000.)
(III) Section 24-6-202.
(b) (I) An individual may make the request of confidentiality allowed by this
subsection (3.5) if such individual has reason to believe that such individual,
or any member of such individual's immediate family who resides in the same
household as such individual, will be exposed to criminal harassment as
prohibited in section 18-9-111, C.R.S., or otherwise be in danger of bodily
harm, if such individual's address is not kept confidential in accordance with
this subsection (3.5).
(b) (II) A request of confidentiality with respect to records described in
subparagraph (I) of paragraph (a) of this subsection (3.5) shall be made in
person in the office of the county clerk and recorder of the county where the
individual making the request resides. Requests shall be made on application
forms approved by the secretary of state, after consultation with county clerk
and recorders. The application form shall provide space for the applicant to
provide his or her name and address, date of birth, and any other identifying
information determined by the secretary of state to be necessary to carry out
the provisions of this subsection (3.5). In addition, an affirmation shall be
printed on the form, in the area immediately above a line for the applicant's
signature and the date, stating the following: "I swear or affirm, under
penalty of perjury, that I have reason to believe that I, or a member of my
immediate family who resides in my household, will be exposed to criminal
harassment, or otherwise be in danger of bodily harm, if my address is not kept
confidential." Immediately below the signature line, there shall be printed
a notice, in a type that is larger than the other information contained on the
form, that the applicant may be prosecuted for perjury in the second degree
under section 18-8-503, C.R.S., if the applicant signs such affirmation and does
not believe such affirmation to be true.
(III) The county clerk and recorder of each county shall provide an opportunity
for any individual to make the request of confidentiality allowed by this
subsection (3.5) in person at the time such individual makes application to the
county clerk and recorder to register to vote or to make any change in such
individual's registration, and at any other time during normal business hours of
the office of the county clerk and recorder. The county clerk and recorder shall
forward a copy of each completed application to the secretary of state for
purposes of the records maintained by him or her pursuant to subparagraph (I) of
paragraph (a) of this subsection (3.5). The county clerk and recorder shall
collect a processing fee in the amount of five dollars of which amount two
dollars and fifty cents shall be transmitted to the secretary of state for the
purpose of offsetting the secretary of state's costs of processing applications
forwarded to the secretary of state pursuant to this subparagraph (III). All
processing fees received by the secretary of state pursuant to this subparagraph
(III) shall be transmitted to the state treasurer, who shall credit the same to
the department of state cash fund.
(IV) The secretary of state shall provide an opportunity for any individual to
make the request of confidentiality allowed by paragraph (a) of this subsection
(3.5), with respect to the records described in subparagraph (III) of paragraph
(a) of this subsection (3.5). The secretary of state may charge a processing
fee, not to exceed five dollars, for each such request. All processing fees
collected by the secretary of state pursuant to this subparagraph (IV) or
subparagraph (III) of this paragraph (b) shall be transmitted to the state
treasurer, who shall credit the same to the department of state cash fund.
(V) Notwithstanding the amount specified for any fee in subparagraph (III) or
(IV) of this paragraph (b), the secretary of state by rule or as otherwise
provided by law may reduce the amount of one or more of the fees credited to the
department of state cash fund if necessary pursuant to section 24-75-402 (3), to
reduce the uncommitted reserves of the fund to which all or any portion of one
or more of the fees is credited. After the uncommitted reserves of the fund are
sufficiently reduced, the secretary of state by rule or as otherwise provided by
law may increase the amount of one or more of the fees as provided in section
24-75-402 (4).
(c) The custodian of any records described in paragraph (a) of this subsection
(3.5) which concern an individual who has made a request of confidentiality
pursuant to this subsection (3.5) and paid any required processing fee shall
deny the right of inspection of the individual's address contained in such
records on the ground that disclosure would be contrary to the public interest;
except that such custodian shall allow the inspection of such records by such
individual, by any person authorized in writing by such individual, and by any
individual employed by one of the following entities who makes a request to the
custodian to inspect such records and who provides evidence satisfactory to the
custodian that the inspection is reasonably related to the authorized purpose of
the employing entity:
(I) A criminal justice agency, as defined by section 24-72-302 (3);
(II) An agency of the United States, the state of Colorado, or of any political
subdivision or authority thereof;
(III) A person required to obtain such individual's address in order to comply
with federal or state law or regulations adopted pursuant thereto;
(IV) An insurance company which has a valid certificate of authority to transact
insurance business in Colorado as required in section 10-3-105 (1), C.R.S.;
(V) A collection agency which has a valid license as required by section
12-14-115 (1), C.R.S.;
(VI) A supervised lender licensed pursuant to section 5-1-301 (46), C.R.S.;
(VII) A bank as defined in section 11-1-102 (2), C.R.S., an industrial bank as
defined in section 11-22-101 (1), C.R.S., a trust company as defined in section
11-23-102 (4), C.R.S., a credit union as defined in section 11-30-101 (1),
C.R.S., a domestic savings and loan association as defined in section 11-40-102
(5), C.R.S., a foreign savings and loan association as defined in section
11-40-102 (8), C.R.S., or a broker-dealer as defined in section 11-51-201 (2),
C.R.S.;
(VIII) An attorney licensed to practice law in Colorado or his representative
authorized in writing to inspect such records on behalf of the attorney;
(IX) A manufacturer of any vehicle required to be registered pursuant to the
provisions of article 3 of title 42, C.R.S., or a designated agent of such
manufacturer. Such inspection shall be allowed only for the purpose of
identifying, locating, and notifying the registered owners of such vehicles in
the event of a product recall or product advisory and may also be allowed for
statistical purposes where such address is not disclosed by such manufacturer or
designated agent. No person who obtains the address of an individual pursuant to
this subparagraph (IX) shall disclose such information, except as necessary to
accomplish said purposes.
(d) Notwithstanding any provisions of this subsection (3.5) to the contrary, any
person who appears in person in the office of any custodian of records described
in paragraph (a) of this subsection (3.5) and who presents documentary evidence
satisfactory to the custodian that such person is a duly accredited
representative of the news media may verify the address of an individual whose
address is otherwise protected from inspection in accordance with this
subsection (3.5). Such verification shall be limited to the custodian confirming
or denying that the address of an individual as known to the representative of
the news media is the address of the individual as shown by the records of the
custodian.
(e) No person shall make any false statement in requesting any information
pursuant to paragraph (a) or (b) of this subsection (3.5).
(f) Any request of confidentiality made pursuant to this subsection (3.5) shall
be kept confidential and shall not be open to inspection as a public record
unless a written release is executed by the person who made the request.
(g) Prior to the release of any information required to be kept confidential
pursuant to this subsection (3.5), the custodian shall require the person
requesting the information to produce a valid Colorado driver's license or
identification card and written authorization from any entity authorized to
receive information under this subsection (3.5). The custodian shall keep a
record of the requesting person's name, address, and date of birth and shall
make such information available to the individual requesting confidentiality
under this subsection (3.5) or any person authorized by such individual.
(4) If the custodian denies access to any public record, the applicant may
request a written statement of the grounds for the denial, which statement shall
cite the law or regulation under which access is denied and shall be furnished
forthwith to the applicant.
(5) Except as provided in subsection (5.5) of this section, any person denied the right to inspect any record covered by this part 2 may
apply to the district court of the district wherein the record is found for an
order directing the custodian of such record to show cause why the custodian should not
permit the inspection of such record; except that, at least three business days
prior to filing an application with the district court, the person who has been
denied the right to inspect the record shall file a written notice with the
custodian who has denied the right to inspect the record informing said
custodian that the person intends to file an application with the district
court. Hearing on such application shall be held
at the earliest practical time. Unless the court finds that the denial of the
right of inspection was proper, it shall order the custodian to permit such
inspection and shall award court costs and reasonable attorney fees to the
prevailing applicant in an amount to be determined by the court; except that no
court costs and attorney fees shall be awarded to a person who has filed a
lawsuit against a state public body or local public body and who applies to the
court for an order pursuant to this subsection (5) for access to records of the
state public body or local public body being sued if the court finds that the
records being sought are related to the pending litigation and are discoverable
pursuant to chapter 4 of the Colorado rules of civil procedure. In the event the
court finds that the denial of the right of inspection was proper, the court
shall award court costs and reasonable attorney fees to the custodian if the
court finds that the action was frivolous, vexatious, or groundless.
(5.5) (a) Any person seeking access to the record of an executive session
meeting of a state public body or a local public body recorded pursuant to
section 24-6-402
(2) (d.5) shall, upon application to the district court for the district wherein
the records are found, show grounds sufficient to support a reasonable belief
that the state public body or local public body engaged in substantial
discussion of any matters not enumerated in section 24-6-402
(3) or (4) or that the state public body or local public body adopted a proposed
policy, position, resolution, rule, regulation, or formal action in the
executive session in contravention of section 24-6-402
(3) (a) or (4). If the applicant fails to show grounds sufficient to support
such reasonable belief, the court shall deny the application and, if the court
finds that the application was frivolous, vexatious, or groundless, the court
shall award court costs and attorney fees to the prevailing party. If an
applicant shows grounds sufficient to support such reasonable belief, the
applicant cannot be found to have brought a frivolous, vexatious, or groundless
action, regardless of the outcome of the in camera review.
(b) (I) Upon finding that sufficient grounds exist to support a reasonable
belief that the state public body or local public body engaged in substantial
discussion of any matters not enumerated in section 24-6-402
(3) or (4) or that the state public body or local public body adopted a proposed
policy, position, resolution, rule, regulation, or formal action in the
executive session in contravention of section 24-6-402
(3) (a) or (4), the court shall conduct an in camera review of the record of the
executive session to determine whether the state public body or local public
body engaged in substantial discussion of any matters not enumerated in section 24-6-402
(3) or (4) or adopted a proposed policy, position, resolution, rule, regulation,
or formal action in the executive session in contravention of section 24-6-402
(3) (a) or (4).
(II) If the court determines, based on the in camera review, that violations of
the open meetings law occurred, the portion of the record of the executive
session that reflects the substantial discussion of matters not enumerated in
section 24-6-402
(3) or (4) or the adoption of a proposed policy, position, resolution, rule,
regulation, or formal action shall be open to public inspection.
(6) (a) If, in the opinion of the official custodian of any public record,
disclosure of the contents of said record would do substantial injury to the
public interest, notwithstanding the fact that said record might otherwise be
available to public inspection or if the official custodian is unable, in good
faith, after exercising reasonable diligence, and after reasonable inquiry, to
determine if disclosure of the public record is prohibited pursuant to this part
2, the official custodian may apply to the district court of the district in
which such record is located for an order permitting him or her to restrict such
disclosure of for the court to determine if disclosure is prohibited. Hearing on
such application shall be held at the earliest practical time. In the case of a
record that is otherwise available to public inspection pursuant to this part 2,
after a hearing, the court may, upon a finding that disclosure would cause
substantial injury to the public interest, issue an order authorizing the
official custodian to restrict disclosure. In the case of a record that may be
prohibited from disclosure pursuant to this part 2, after a hearing, the court
may, upon a finding that disclosure of the record is prohibited, issue an order
directing the official custodian not to disclose the record to the public. In an
action brought pursuant to this paragraph (a), the burden of proof shall be upon
the custodian. The person seeking permission to examine the record shall have
notice of said hearing served upon him or her in the manner provided for service
of process by the Colorado rules of civil procedure and shall have the right to
appear and be heard. The attorney fees provision of subsection (5) of this
section shall not apply in cases brought pursuant to this paragraph (a) by an
official custodian who is unable to determine if disclosure of a public record
is prohibited under this part 2 if the official custodian proves and the court
finds that the custodian, in good faith, after exercising reasonable diligence,
and after making reasonable inquiry, was unable to determine if disclosure of
the public record was prohibited without a ruling by the court.
(b) In defense against an application for an order under subsection (5) of this
section, the custodian may raise any issue that could have been raised by the
custodian in an application under paragraph (a) of this subsection (6).
(7) (a) Except as permitted in paragraph (b) of this subsection (7), the
department of revenue or an authorized agent of the department shall not allow
inspection of information contained in a driver's license application under
section 42-2-107,
C.R.S., a driver's license renewal application under section 42-2-118,
C.R.S., a duplicate driver's license application under section 42-2-117,
C.R.S., a commercial driver's license application under section 42-2-403,
C.R.S., an identification card application under section 42-2-302,
C.R.S., a motor vehicle title application under section 42-6-116,
C.R.S., a motor vehicle registration application under section 42-3-112,
C.R.S., or other official record or document maintained by the department under
section 42-2-121,
C.R.S., to a requestor, other than the person in interest.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (7), only
upon obtaining a completed requestor release form under section 42-1-206 (1)
(b), C.R.S., the department may allow inspection of the information referred to
in paragraph (a) of this subsection (7) for the following uses:
(I) For use by any government agency, including any court or law enforcement
agency, in carrying out its functions, or any private person or entity acting on
behalf of a federal, state, or local agency in carrying out its functions;
(II) For use in connection with matters of motor vehicle or driver safety and
theft; motor vehicle emissions; motor vehicle product alterations, recalls, or
advisories; performance monitoring of motor vehicles, motor vehicle parts and
dealers; motor vehicle market research activities, including survey research;
and removal of non-owner records from the original owner records of motor
vehicle manufacturers;
(III) For use in the normal course of business by a legitimate business or its
agents, employees, or contractors, but only:
(A) To verify the accuracy of personal information submitted by the individual
to the business or its agents, employees, or contractors; and
(B) If such information as so submitted is not correct or is no longer correct,
to obtain the correct information, but only for the purposes of preventing fraud
by, pursuing legal remedies against, or recovering on a debt or security
interest against, the individual;
(IV) For use in connection with any civil, criminal, administrative, or arbitral
proceeding in any federal, state, or local court or agency or before any
self-regulatory body, including the service of process, investigation in
anticipation of litigation, and the execution or enforcement of judgments and
orders, or pursuant to an order of a federal, state, or local court;
(V) For use in research activities, and for use in producing statistical
reports, so long as the personal information is not published, redisclosed, or
used to contact the parties in interest;
(VI) For use by any insurer or insurance support organization, or by a
self-insured entity, or its agents, employees, or contractors, in connection
with claims investigation activities, antifraud activities, rating or
underwriting;
(VII) For use in providing notice to the owners of towed or impounded vehicles;
(VIII) For use by any private investigative agency or security service for any
purpose permitted under this paragraph (b);
(IX) For use by an employer or its agent or insurer to obtain or verify
information relating to a party in interest who is a holder of a commercial
driver's license;
(X) For use in connection with the operation of private toll transportation
facilities;
(XI) For any other use in response to requests for individual motor vehicle
records if the department has obtained the express consent of the party in
interest pursuant to section 42-2-121 (4), C.R.S.;
(XII) For bulk distribution for surveys, marketing or solicitations if the
department has obtained the express consent of the party in interest pursuant to
section 42-2-121 (4), C.R.S.;
(XIII) For use by any requestor, if the requestor demonstrates he or she has
obtained the written consent of the party in interest;
(XIV) For any other use specifically authorized under the laws of the state, if
such use is related to the operation of a motor vehicle or public safety; or
(XV) For use by the federally designated organ procurement agency for the
purposes of creating and maintaining the organ and tissue donor registry created
in section 12-34-110, C.R.S.
(c) (I) For purposes of this paragraph (c), "law" shall mean the
federal "Driver's Privacy Protection Act of 1994", 18 U.S.C. sec. 2721
et seq., the federal "Fair Credit Reporting Act", 15 U.S.C. sec. 1681
et seq., section 42-1-206,
C.R.S., and this part 2.
(II) If the requestor release form indicates that the requestor will, in any
manner, use, obtain, resell, or transfer the information contained in records,
requested individually or in bulk, for any purpose prohibited by law, the
department or agent shall deny inspection of any motor vehicle or driver record.
(III) In addition to completing the requestor release form under section 42-1-206
(1) (b), C.R.S., and subject to the provisions of section 42-1-206
(3.7), C.R.S., the requestor shall sign an affidavit of intended use under
penalty of perjury that states that the requestor shall not obtain, resell,
transfer, or use the information in any manner prohibited by law. The department
or the department 's authorized agent shall deny inspection of any motor vehicle
or driver record to any person, other than a person in interest as defined in
section 24-72-202
(4), or a federal, state, or local government agency carrying out its official
functions, who has not signed and returned the affidavit of intended use.
24-72-204.5. Adoption of electronic mail policy.
(1) On or before July 1, 1997, the state or any agency, institution, or
political subdivision thereof that operates or maintains an electronic mail
communications system shall adopt a written policy on any monitoring of
electronic mail communications and the circumstances under which it will be
conducted.
(2) The policy shall include a statement that correspondence of the employee in
the form of electronic mail may be a public record under the public records law
and may be subject to public inspection under section 24-72-203.
24-72-205. Copies, printouts, or photographs of public records.
(1) In all cases in which a person has the right to inspect any public
record, he may request that he be furnished copies, printouts, or photographs of
such record. The custodian may furnish such copies, printouts, or photographs
for a reasonable fee, to be set by the official custodian, not to exceed one
dollar and twenty-five cents per page unless actual costs exceed that amount;
except that, when the custodian is the secretary of state, fees shall be
determined and collected pursuant to section 24-21-104 (3). Where fees for
certified copies or other copies, printouts, or photographs of such record are
specifically prescribed by law, such specific fees shall apply.
(2) If the custodian does not have facilities for making copies, printouts, or
photographs of records which the applicant has the right to inspect, the
applicant shall be granted access to the records for the purpose of making
copies, printouts, or photographs. The copies, printouts, or photographs shall
be made while the records are in the possession, custody, and control of the
custodian thereof and shall be subject to the supervision of such custodian.
When practical, they shall be made in the place where the records are kept, but,
if it is impractical to do so, the custodian may allow arrangements to be made
for this purpose. If other facilities are necessary, the cost of providing them
shall be paid by the person desiring a copy, printout, or photograph of the
records. The official custodian may establish a reasonable schedule of times for
making copies, printouts, or photographs and may charge the same fee for the
services rendered by him or his deputy in supervising the copying, printing out,
or photographing as he may charge for furnishing copies under subsection (1) of
this section.
(3) If, in response to a specific request, the state or any of its agencies,
institutions, or political subdivisions has performed a manipulation of data so
as to generate a record in a form not used by the state or by said agency,
institution, or political subdivision, a reasonable fee may be charged to the
person making the request. Such fee shall not exceed the actual cost of
manipulating the said data and generating the said record in accordance with the
request. Persons making subsequent requests for the same or similar records may
be charged a fee not in excess of the original fee.
(4) If the public record is a result of computer output other than word
processing, the fee for a copy, printout, or photograph thereof may be based on
recovery of the actual incremental costs of providing the electronic services
and products together with a reasonable portion of the costs associated with
building and maintaining the information system. Such fee may be reduced or
waived by the custodian if the electronic services and products are to be used
for a public purpose, including public agency program support, nonprofit
activities, journalism, and academic research. Fee reductions and waivers shall
be uniformly applied among persons who are similarly situated.
24-72-206. Violation - penalty.
Any person who willfully and knowingly violates the provisions of this part
2 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by
a fine of not more than one hundred dollars, or by imprisonment in the county
jail for not more than ninety days, or by both such fine and imprisonment.
24-72-301. Legislative declaration.
(1) The general assembly hereby finds and declares that the maintenance,
access and dissemination, completeness, accuracy, and sealing of criminal
justice records are matters of statewide concern and that, in defining and
regulating those areas, only statewide standards in a state statute are
workable.
(2) It is further declared to be the public policy of this state that criminal
justice agencies shall maintain records of official actions, as defined in this
part 3, and that such records shall be open to inspection by any person and to
challenge by any person in interest, as provided in this part 3, and that all
other records of criminal justice agencies in this state may be open for
inspection as provided in this part 3 or as otherwise specifically provided by
law.
24-72-302. Definitions.
As used in this part 3, unless the context otherwise requires:
(1) "Arrest and criminal records information" means information
reporting the arrest, indictment, or other formal filing of criminal charges
against a person; the identity of the criminal justice agency taking such
official action relative to an accused person; the date and place that such
official action was taken relative to an accused person; the name, birth date,
last-known address, and sex of an accused person; the nature of the charges
brought or the offenses alleged against an accused person; and one or more
dispositions relating to the charges brought against an accused person.
(2) "Basic identification information" means the name, place and date
of birth, last-known address, social security number, occupation and address of
employment, physical description, photograph, handwritten signature, sex,
fingerprints, and any known aliases of any person.
(3) "Criminal justice agency" means any court with criminal
jurisdiction and any agency of the state or of any county, city and county, home
rule city and county, home rule city or county, city, town, territorial charter
city, governing boards of institutions of higher education, school district,
special district, judicial district, or law enforcement authority which performs
any activity directly relating to the detection or investigation of crime; the
apprehension, pretrial release, posttrial release, prosecution, correctional
supervision, rehabilitation, evaluation, or treatment of accused persons or
criminal offenders; or criminal identification activities or the collection,
storage, or dissemination of arrest and criminal records information.
(4) "Criminal justice records" means all books, papers, cards,
photographs, tapes, recordings, or other documentary materials, regardless of
form or characteristics, that are made, maintained, or kept by any criminal
justice agency in the state for use in the exercise of functions required or
authorized by law or administrative rule, including but not limited to the
results of chemical blood testing to determine genetic markers conducted
pursuant to sections 16-11-102.3, 16-11-104, 16-11-204.3, 16-11-308 (4.5),
17-2-201 (5) (h) and (5) (i), and 17-22.5-202 (3) (b.5) (II) and (3.5), C.R.S.
(5) "Custodian" means the official custodian or any authorized person
having personal custody and control of the criminal justice records in question.
(6) "Disposition" means a decision not to file criminal charges after
arrest; the conclusion of criminal proceedings, including conviction, acquittal,
or acquittal by reason of insanity; the dismissal, abandonment, or indefinite
postponement of criminal proceedings; formal diversion from prosecution;
sentencing, correctional supervision, and release from correctional supervision,
including terms and conditions thereof; outcome of appellate review of criminal
proceedings; or executive clemency.
(7) "Official action" means an arrest; indictment; charging by
information; disposition; pretrial or posttrial release from custody; judicial
determination of mental or physical condition; decision to grant, order, or
terminate probation, parole, or participation in correctional or rehabilitative
programs; and any decision to formally discipline, reclassify, or relocate any
person under criminal sentence.
(8) "Official custodian" means any officer or employee of the state or
any agency, institution, or political subdivision thereof who is responsible for
the maintenance, care, and keeping of criminal justice records, regardless of
whether such records are in his actual personal custody and control.
(9) "Person" means any natural person, corporation, limited liability
company, partnership, firm, or association.
(10) "Person in interest" means the person who is the primary subject
of a criminal justice record or any representative designated by said person by
power of attorney or notarized authorization; except that, if the subject of the
record is under legal disability, "person in interest" means and
includes his parents or duly appointed legal representative.
24-72-303. Records of official actions required - open to
inspection.
(1) Each official action as defined in this part 3 shall be recorded by the
particular criminal justice agency taking the official action. Such records of
official actions shall be maintained by the particular criminal justice agency
which took the action and shall be open for inspection by any person at
reasonable times, except as provided in this part 3 or as otherwise provided by
law. The official custodian of any records of official actions may make such
rules and regulations with reference to the inspection of such records as are
reasonably necessary for the protection of such records and the prevention of
unnecessary interference with the regular discharge of the duties of the
custodian or his office.
(2) If the requested record of official action of a criminal justice agency is
not in the custody or control of the person to whom application is made, such
person shall forthwith notify the applicant of this fact in writing, if
requested by the applicant. In such notification, he shall state, in detail to
the best of his knowledge and belief, the agency which has custody or control of
the record in question.
(3) If the requested record of official action of a criminal justice agency is
in the custody and control of the person to whom application is made but is in
active use or in storage and therefore not available at the time an applicant
asks to examine it, the custodian shall forthwith notify the applicant of this
fact in writing, if requested by the applicant. If requested by the applicant,
the custodian shall set a date and hour within three working days at which time
the record will be available for inspection.
24-72-304. Inspection of criminal justice records.
(1) Except for records of official actions which must be maintained and
released pursuant to this part 3, all criminal justice records, at the
discretion of the official custodian, may be open for inspection by any person
at reasonable times, except as otherwise provided by law, and the official
custodian of any such records may make such rules and regulations with reference
to the inspection of such records as are reasonably necessary for the protection
of such records and the prevention of unnecessary interference with the regular
discharge of the duties of the custodian or his office.
(2) If the requested criminal justice records are not in the custody or control
of the person to whom application is made, such person shall forthwith notify
the applicant of this fact in writing, if requested by the applicant. In such
notification, he shall state, in detail to the best of his knowledge and belief,
the reason for the absence of the records from his custody or control, their
location, and what person then has custody or control of the records.
(3) If the requested records are not in the custody and control of the criminal
justice agency to which the request is directed but are in the custody and
control of a central repository for criminal justice records pursuant to law,
the criminal justice agency to which the request is directed shall forward the
request to the central repository. If such a request is to be forwarded to the
central repository, the criminal justice agency receiving the request shall do
so forthwith and shall so advise the applicant forthwith. The central repository
shall forthwith reply directly to the applicant.
(4) (a) The name of any victim of sexual assault or of alleged sexual assault
shall be deleted from any criminal justice record prior to the release of such
record to any individual or agency other than a criminal justice agency when
such record bears the notation "SEXUAL ASSAULT" prescribed by this
subsection (4).
(b) (I) A criminal justice agency or custodian of criminal justice records shall
make the notation "SEXUAL ASSAULT" on any record of official action
and on the file containing such record when the official action is related to
the commission or the alleged commission of any of the following offenses:
(A) Sexual assault under section 18-3-402, C.R.S., or sexual assault in the
first degree under section 18-3-402, C.R.S., as it existed prior to July 1,
2000;
(B) Sexual assault in the second degree under section 18-3-403, C.R.S., as it
existed prior to July 1, 2000;
(C) Unlawful sexual contact under section 18-3-404, C.R.S., or sexual assault in
the third degree under section 18-3-404, C.R.S., as it existed prior to July 1,
2000;
(D) Sexual assault on a child under section 18-3-405, C.R.S.;
(E) Sexual assault on a child by one in a position of trust under section
18-3-405.3, C.R.S.; or
(F) Sexual assault on a client by a psychotherapist under section 18-3-405.5,
C.R.S.
(II) The notation required pursuant to subparagraph (I) of this paragraph (b)
shall be made when:
(A) Any record or file or both of official action is prepared relating to the
commission or alleged commission of an offense enumerated in subparagraph (I) of
this paragraph (b); or
(B) The name of any victim of the commission or alleged commission of any
offense enumerated in subparagraph (I) of this paragraph (b) for which official
action was taken appears on the criminal information or indictment.
(c) A criminal justice agency or custodian of criminal justice records shall
make the notation "SEXUAL ASSAULT" on any record of official action
and on the file containing such record when:
(I) Any employee of the court, officer of the court, or judicial officer
notifies such agency or custodian of the name of any victim of the commission or
alleged commission of any offense enumerated in subparagraph (I) of paragraph
(b) of this subsection (4) when such victim's name is disclosed to or obtained
by such employee or officer during the course of proceedings related to such
official action; or
(II) Such record or file contains the name of a victim of the commission or
alleged commission of any such offense and the victim requests the custodian of
criminal justice records to make such a notation.
(5) Nothing in this section shall be construed to limit the discretion of the
district attorney to authorize a crime victim, as defined in section 24-4.1-302
(5), or a member of the victim's immediate family, as defined in section
24-4.1-302 (6), to view all or a portion of the presentence report of the
probation department.
24-72-305. Allowance or denial of inspection - grounds - procedure -
appeal.
(1) The custodian of criminal justice records may allow any person to
inspect such records or any portion thereof except on the basis of any one of
the following grounds or as provided in subsection (5) of this section:
(a) Such inspection would be contrary to any state statute;
(b) Such inspection is prohibited by rules promulgated by the supreme court or
by the order of any court.
(1.5) On the ground that disclosure would be contrary to the public interest,
the custodian of criminal justice records shall deny access to the results of
chemical blood testing to determine the genetic markers conducted pursuant to
sections 16-11-102.3, 16-11-104, 16-11-204.3, 16-11-308 (4.5), 17-2-201 (5) (h)
and (5) (i), and 17-22.5-202 (3) (b.5) (II) and (3.5), C.R.S.
(2) to (4) Repealed.
(5) On the ground that disclosure would be contrary to the public interest, and
unless otherwise provided by law, the custodian may deny access to records of
investigations conducted by or of intelligence information or security
procedures of any sheriff, district attorney, or police department or any
criminal justice investigatory files compiled for any other law enforcement
purpose.
(6) If the custodian denies access to any criminal justice record, the applicant
may request a written statement of the grounds for the denial, which statement
shall be provided to the applicant within seventy-two hours, shall cite the law
or regulation under which access is denied or the general nature of the public
interest to be protected by the denial, and shall be furnished forthwith to the
applicant.
(7) Any person denied access to inspect any criminal justice record covered by
this part 3 may apply to the district court of the district wherein the record
is found for an order directing the custodian of such record to show cause why
said custodian should not permit the inspection of such record. A hearing on
such application shall be held at the earliest practical time. Unless the court
finds that the denial of inspection was proper, it shall order the custodian to
permit such inspection and, upon a finding that the denial was arbitrary or
capricious, it may order the custodian to pay the applicant's court costs and
attorney fees in an amount to be determined by the court. Upon a finding that
the denial of inspection of a record of an official action was arbitrary or
capricious, the court may also order the custodian personally to pay to the
applicant a penalty in an amount not to exceed twenty-five dollars for each day
that access was improperly denied.
24-72-305.3. Private access to criminal history records of volunteers and
employees of charitable organizations.
(1) For the purpose of complying with federal requirements, any public or
private nonprofit, not-for-profit, or volunteer organization may use
fingerprints to access through the Colorado bureau of investigation, for
comparison purposes, arrest history records of any person who seeks employment
with, is currently employed by, or volunteers or seeks to volunteer with the
organization and has or may have unsupervised access to any child for whom the
organization provides care. Under this section, the organization may access
records that are maintained by or within this state and any other state or
territory of the United States, any other nation, or any agency or subdivision
of the United States including, but not limited to, the federal bureau of
investigation in the United States department of justice. For the purposes of
this section, the Colorado bureau of investigation is the authorized agency for
access to arrest history records as required by the "National Child
Protection Act of 1993", 42 U.S.C. sec. 5119a.
(2) (a) As used in this subsection (2):
(I) "Authorized agency" shall have the same meaning as set forth in 42
U.S.C. sec. 5119c.
(II) "Bureau" means the Colorado bureau of investigation created in
section 24-33.5-401.
(III) "Care" means the provision of care, treatment, education,
training, instruction, supervision, or recreation to children.
(IV) "Convicted" means a conviction by a jury or by a court and shall
also include a deferred judgment and sentence agreement, a deferred prosecution
agreement, a deferred adjudication agreement, an adjudication, and a plea of
guilty or nolo contendere.
(V) "Department" means the department of human services created in
section 24-1-120.
(VI) "Provider" shall have the same meaning as set forth in 42 U.S.C.
sec. 5119c and includes an owner of, an employee of, an applicant seeking
employment with, or a volunteer with a qualified entity.
(VII) "Qualified entity" means a business or organization, whether
public, private, for-profit, not-for-profit, or voluntary, that provides child
care or child care placement services, including a business or organization that
licenses or certifies others to provide child care or child care placement
services.
(b) For the purpose of implementing the provisions of the "Volunteers for
Children Act", contained in Public Law 105-251, as amended, on and after
July 1, 2000, each qualified entity in the state may contact an authorized
agency for the purpose of determining whether a provider has been convicted of,
or is under pending indictment for, a crime that bears upon the provider's
fitness to have responsibility for the safety and well-being of children. Such
crimes shall include, but need not be limited to:
(I) Felony child abuse, as specified in section 18-6-401, C.R.S.;
(II) A crime of violence, as defined in section 16-11-309, C.R.S.;
(III) Any felony offenses involving unlawful sexual behavior, as defined in
section 18-3-412.5, C.R.S.;
(IV) Any felony, the underlying factual basis of which has been found by the
court on the record to include an act of domestic violence, as defined in
section 18-6-800.3, C.R.S.;
(V) Any felony offense in any other state, the elements of which are
substantially similar to the elements of any one of the offenses described in
subparagraphs (I) to (IV) of this paragraph (b).
(c) (I) For purposes of this subsection (2), the bureau shall be designated an
authorized agency and may permit a local law enforcement agency to serve as an
authorized agency. The executive director of the department of public safety
shall identify by rule, consistent with applicable federal and state law, those
entities that may serve as qualified entities. In addition, the director of the
department of public safety may promulgate all reasonable and necessary rules to
implement this subsection (2).
(II) For purposes of this subsection (2), the department may serve as an
authorized agency for those qualified entities that are regulated by the
department. The state board of human services shall identify by rule, consistent
with applicable federal and state law, those entities that may serve as
qualified entities. In addition, the state board of human services may
promulgate all reasonable and necessary rules to implement this subsection (2).
24-72-305.4. Governmental access to criminal history records of applicants
in regulated professions or occupations.
(1) For the purpose of complying with federal requirements, any division,
board, commission, or person responsible for the licensing, certification, or
registration functions for any governmental entity, in addition to any other
authority conferred by law, may use fingerprints to access, for comparison
purposes, arrest history records of:
(a) Any applicant for licensure, registration, or certification to practice a
profession or occupation;
(b) Any licensee, registrant, or person certified to practice a profession or
occupation;
(c) Any prospective employee or any employee of a licensee, registrant, or
person certified to practice an occupation or profession.
(2) The persons or entities authorized to access arrest history records pursuant
to subsection (1) of this section may access records that are maintained by or
within this state and any other state or territory of the United States, any
other nation, or any federal agency, or subdivision thereof, of the United
States including, but not limited to, the federal bureau of investigation in the
United States department of justice.
(3) For the purposes of this section, "governmental entity" means the
state and any of its political subdivisions, including entities governed by home
rule charters, and any agency or institution of the state or any of its
political subdivisions.
24-72-305.5. Access to records - denial by custodian - use of records to
obtain information for solicitation.
Records of official actions and criminal justice records and the names,
addresses, telephone numbers, and other information in such records shall not be
used by any person for the purpose of soliciting business for pecuniary gain.
The official custodian shall deny any person access to records of official
actions and criminal justice records unless such person signs a statement which
affirms that such records shall not be used for the direct solicitation of
business for pecuniary gain.
24-72-306. Copies, printouts, or photographs of criminal justice records -
fees authorized.
(1) Criminal justice agencies may assess reasonable fees, not to exceed
actual costs, including but not limited to personnel and equipment, for the
search, retrieval, and copying of criminal justice records and may waive fees at
their discretion. Where fees for certified copies or other copies, printouts, or
photographs of such records are specifically prescribed by law, such specific
fees shall apply. Where the criminal justice agency is an agency or department
of any county or municipality, the amount of such fees shall be established by
the governing body of the county or municipality.
(2) If the custodian does not have facilities for making copies, printouts, or
photographs of records which the applicant has the right to inspect, the
applicant shall be granted access to the records for the purpose of making
copies, printouts, or photographs. The copies, printouts, or photographs shall
be made while the records are in the possession, custody, and control of the
custodian thereof and shall be subject to the supervision of such custodian.
When practical, they shall be made in the place where the records are kept, but,
if it is impractical to do so, the custodian may allow other arrangements to be
made for this purpose. If other facilities are necessary, the cost of providing
them shall be paid by the person desiring a copy, printout, or photograph of the
records. The official custodian may establish a reasonable schedule of times for
making copies, printouts, or photographs and may charge the same fee for the
services rendered by him or his deputy in supervising the copying, printing out,
or photographing as he may charge for furnishing copies under subsection (1) of
this section.
24-72-307. Challenge to accuracy and completeness - appeals.
(1) Any person in interest who is provided access to any criminal justice
records pursuant to this part 3 shall have the right to challenge the accuracy
and completeness of records to which he has been given access, insofar as they
pertain to him, and to request that said records be corrected.
(2) If the custodian refuses to make the requested correction, the person in
interest may request a written statement of the grounds for the refusal, which
statement shall be furnished forthwith.
(3) In the event that the custodian requires additional time to evaluate the
merit of the request for correction, he shall so notify the applicant in writing
forthwith. The custodian shall then have thirty days from the date of his
receipt of the request for correction to evaluate the request and to make a
determination of whether to grant or refuse the request, in whole or in part,
which determination shall be forthwith communicated to the applicant in writing.
(4) Any person in interest whose request for correction of records is refused
may apply to the district court of the district wherein the record is found for
an order directing the custodian of such record to show cause why he should not
permit the correction of such record. A hearing on such application shall be
held at the earliest practical time. Unless the court finds that the refusal of
correction was proper, it shall order the custodian to make such correction,
and, upon a finding that the refusal was arbitrary or capricious, it may order
the criminal justice agency for which the custodian was acting to pay the
applicant's court costs and attorney fees in an amount to be determined by the
court.
24-72-308. Sealing of records.
(1) (a) (I) Except as otherwise provided in subparagraph (II) of this
paragraph (a), any person in interest may petition the district court of the
district in which any arrest and criminal records information pertaining to said
person in interest is located for the sealing of all of said records, except
basic identification information, if the records are a record of official
actions involving a criminal offense for which said person in interest was not
charged, in any case which was completely dismissed, or in any case in which
said person in interest was acquitted.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (a),
arrest or criminal records information may not be sealed if:
(A) An offense is not charged due to a plea agreement in a separate case; or
(B) A dismissal occurs as part of a plea agreement in a separate case.
(b) (I) Any petition to seal criminal records shall include a listing of each
custodian of the records to whom the sealing order is directed and any
information which accurately and completely identifies the records to be sealed.
(II) Upon the filing of a petition, the court shall set a date for a hearing and
shall notify the prosecuting attorney by certified mail, the arresting agency,
and any other person or agency identified by the petitioner.
(c) After the hearing described in subparagraph (II) of paragraph (b) of this
subsection (1) is conducted and if the court finds that the harm to the privacy
of the petitioner or dangers of unwarranted adverse consequences to the
petitioner outweigh the public interest in retaining the records, the court may
order such records, except basic identification information, to be sealed. Any
order entered pursuant to this paragraph (c) shall be directed to every
custodian who may have custody of any part of the arrest and criminal records
information which is the subject of the order. Whenever a court enters an order
sealing criminal records pursuant to this paragraph (c), the petitioner shall
provide the Colorado bureau of investigation and every custodian of such records
with a copy of such order. Thereafter, the petitioner may request and the court
may grant an order sealing the civil case in which the records were sealed.
(d) Upon the entry of an order to seal the records, the petitioner and all
criminal justice agencies may properly reply, upon any inquiry in the matter,
that no such records exist with respect to such person.
(e) Inspection of the records included in an order sealing criminal records may
thereafter be permitted by the court only upon petition by the person who is the
subject of such records or by the prosecuting attorney and only for those
purposes named in such petition.
(f) (I) Employers, educational institutions, state and local government
agencies, officials, and employees shall not, in any application or interview or
in any other way, require an applicant to disclose any information contained in
sealed records. An applicant need not, in answer to any question concerning
arrest and criminal records information that has been sealed, include a
reference to or information concerning such sealed information and may state
that no such action has ever occurred. Such an application may not be denied
solely because of the applicant's refusal to disclose arrest and criminal
records information that has been sealed.
(II) Subparagraph (I) of this paragraph (f) shall not preclude the bar committee
of the Colorado state board of law examiners from making further inquiries into
the fact of a conviction which comes to the attention of the bar committee
through other means. The bar committee of the Colorado state board of law
examiners shall have a right to inquire into the moral and ethical
qualifications of an applicant, and the applicant shall have no right to privacy
or privilege which justifies his refusal to answer to any question concerning
arrest and criminal records information that has come to the attention of the
bar committee through other means.
(g) Nothing in this section shall be construed to authorize the physical
destruction of any criminal justice records.
(1.5) For the purpose of protecting the author of any correspondence which
becomes a part of criminal justice records, the court having jurisdiction in the
judicial district in which the criminal justice records are located may, in its
discretion, with or without a hearing thereon, enter an order to seal any
information, including, but not limited to, basic identification information
contained in said correspondence. However, the court may, in its discretion,
enter an order which allows the disclosure of sealed information to defense
counsel or, if the defendant is not represented by counsel, to the defendant.
(2) Advisements. Whenever a defendant has charges against him dismissed,
is acquitted, or is sentenced following a conviction, the court shall provide
him with a written advisement of his rights concerning the sealing of his
criminal justice records if he complies with the applicable provisions of this
section.
(3) Exceptions. (a) This section shall not apply to records pertaining
to:
(I) Any class 1 or class 2 misdemeanor traffic offense;
(II) Any class A or class B traffic infraction; or
(III) Any conviction for a violation of section 42-4-1301 (1) or (2), C.R.S.
(b) Court orders sealing records of official actions entered pursuant to this
section shall not limit the operation of rules of discovery promulgated by the
supreme court of Colorado.
(c) This section shall not apply to records pertaining to a conviction of an
offense for which the factual basis involved unlawful sexual behavior, as
defined in section 18-3-412.5 (1), C.R.S.
(d) This section shall not apply to arrest and criminal justice information or
criminal justice records in the possession and custody of a criminal justice
agency when inquiry concerning the arrest and criminal justice information or
criminal justice records is made by another criminal justice agency.
24-72-309. Violation - penalty.
Any person who willfully and knowingly violates the provisions of this part
3 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by
a fine of not more than one hundred dollars, or by imprisonment in the county
jail for not more than ninety days, or by both such fine and imprisonment.
24-72-401. Commission on judicial discipline - confidentiality of records
and procedures.
The record of an investigation conducted by the commission on judicial
discipline or by masters appointed by the supreme court at the request of the
commission shall contain all papers filed with and all proceedings before the
commission or the masters. The record shall be confidential and shall remain
confidential after filing with the supreme court. A recommendation of the
commission for the removal or retirement of a justice or judge shall not be
confidential after it is filed with the supreme court.
24-72-402. Violation - penalty.
Any member of the commission, any master appointed by the supreme court, or
anyone providing assistance to such commission or such masters who willfully and
knowingly discloses the contents of any paper filed with, or any proceeding
before, such commission or such masters, or willfully and knowingly discloses
the contents of any recommendation of the commission before such recommendation
is filed with the supreme court is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not more than five hundred dollars. This
section shall not apply to any necessary communication between the members of
the commission or the masters appointed by the supreme court or anyone employed
to aid such commission or such masters in the filing or documentation of any
paper filed with, or any proceedings before, such commission or such masters or
the preparation of the recommendation of such commission.
Return to Colorado Laws Concerning Public Records
[http://www.colorado.gov/dpa/doit/archives/INCLUDES/bottom.htm]Last modified May 22, 2004