24-72-303. Records of official actions required - open to inspection - applicability.

Statute text

(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.

(4) (a) Upon completion of an internal investigation, including any appeals process, that examines the in-uniform or on-duty conduct of a peace officer, as described in part 1 of article 2.5 of title 16, related to an incident of alleged misconduct involving a member of the public, the entire investigation file, including the witness interviews, video and audio recordings, transcripts, documentary evidence, investigative notes, and final departmental decision is open for public inspection upon request; except that the custodian may first provide the requester with a summary of the investigation file and if, after reviewing the summary, the requester requests access to the investigation file, the custodian shall provide access to the entire investigation file subject to the provisions of subsections (4)(b), (4)(c), and (4)(d) of this section.

(b) Prior to providing access to the internal investigation file pursuant to subsection (4)(a) of this section, the custodian shall redact or remove the following information from the disclosed records:

(I) Any personal identifying information as defined by section 6-1-713 (2)(b);

(II) Any identifying or contact information related to confidential informants, witnesses, or victims;

(III) The home address, personal phone number, and personal e-mail address of a peace officer;

(IV) Any information prohibited for public release by state or federal law; except that internal investigation records examining in-uniform or on-duty conduct of a peace officer during an alleged incident of office misconduct while interacting with a member of the public does not fall within the definition of "personnel files" in section 24-72-202 (4.5);

(V) Any medical or mental health information;

(VI) Any identifying information related to a juvenile; and

(VII) Any nonfinal disciplinary recommendations.

(c) (I) In addition to the information required to be redacted pursuant to subsection (4)(b) of this section, prior to providing access to the internal investigation file pursuant to subsection (4)(a) of this section, the custodian may also redact only the following from disclosed records:

(A) Any compelled statements made by peace officers who are the subject of a criminal investigation or a filed criminal case directly related to conduct underlying the internal investigation;

(B) Any video interviews if an official transcript of the interview is produced, unless, after receiving the transcript, the requester requests the video;

(C) Any video or photograph that raises substantial privacy concerns for criminal defendants, victims, witnesses, or informants, including video reflecting nudity, a medical emergency, a mental health crisis, a victim interview, or the interior of a home or treatment facility. Whenever possible, the video should be redacted or blurred to protect the privacy interest while still allowing public release.

(D) The identity of officers who volunteered information related to the internal investigation but who are not a subject of the internal investigation; and

(E) Specific information that would reveal confidential intelligence information, confidential security procedures of a law enforcement agency or that, if disclosed, would compromise the safety of a peace officer, witness, or informant. However, nothing in this subsection (4)(c)(I)(E) justifies or permits the redaction or withholding of information describing or depicting use of force by a peace officer on a member of the public.

(II) If a record contains information redacted pursuant to this subsection (4)(c), the applicant may request a written explanation of the reasons for the redaction.

(d) A witness, victim, or criminal defendant may waive in writing the individual privacy interest that may be implicated by public release. Upon receipt of such a written waiver, accompanied by a request for release of the records, the custodian shall not redact, remove, or withhold records to protect the waived privacy interest.

(e) Notwithstanding the provisions of subsection (4)(a) of this section, the custodian of an internal investigation file as described in subsection (4)(a) of this section may deny inspection of the file if there is an ongoing criminal investigation or criminal case against a peace officer related to the subject of the internal investigation. The investigation file must be open for public inspection upon the dismissal of all charges or upon a sentence for a conviction.

(f) Any person who has been denied access to any information in a completed internal affairs investigation file may file an application in the district court in the county where the records are located for an order directing the custodian thereof to show cause why the withheld or redacted information should not be made available to the applicant. The court shall set the hearing on the order to show cause at the earliest practical time. If the court determines, based on its independent judgment, applying de novo review, that any portion or portions of the completed internal affairs investigation file were improperly withheld pursuant to this section, the court shall order the custodian to provide the applicant with a copy of those portions that were improperly withheld.

(g) Notwithstanding the provisions of subsections (4)(a) and (4)(e) of this section, the custodian of an internal investigation file as described in subsection (4)(a) of this section may deny inspection of the file if the inspection is prohibited by rules promulgated by the Colorado supreme court or by a court order.

(h) This subsection (4) applies to internal investigations initiated after April 12, 2019.

(5) Any compelled statement by a peace officer, or evidence derived from that compelled statement, may not be used against that officer in a criminal prosecution.

History

Source: L. 77: Entire part added, p. 1246, 1, effective December 31. L. 2019: (4) and (5) added, (HB 19-1119), ch. 96, p. 352, 1, effective April 12. L. 2021: (4)(a) amended, (HB 21-1250), ch. 458, p. 3069, 20, effective July 6.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "Home Rule Municipalities and Colorado's Open Records and Meetings Laws", see 18 Colo. Law. 1125 (1989).

A person's failure to file an application for a hearing to show cause does not divest the district court of subject matter jurisdiction over a criminal case involving the denial of a Colorado Criminal Justice Records Act request. People v. Sprinkle, 2021 CO 60, 489 P.3d 1242.

A grand jury indictment is a criminal justice record of official action presented in open court, the full release of which, save the identifying information of any alleged victims of sexual assault contained therein, is not contrary to public interest. People v. Thompson, 181 P.3d 1143 (Colo. 2008).

The mere fact that an indictment contains detailed factual allegations that would otherwise be subject to grand jury secrecy does not warrant that the indictment be sealed. People v. Thompson, 181 P.3d 1143 (Colo. 2008).

A requestor seeking to inspect the files of a completed internal investigation is not required to reference specific, identifiable instances of alleged misconduct to gain access to the files. People v. Sprinkle, 2021 CO 60, 489 P.3d 1242.