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, including but not limited to the department of education, or any agency 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 that 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 biological substance testing to determine genetic markers conducted pursuant to sections 16-11-102.4 and 16-23-104, 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.
(11) Private custodian means a private entity that has custody of the criminal justice records in question and is in the business of providing the information to others.
Source: L. 77: Entire part added, p. 1244, � 1, effective December 31. L. 81: (3) amended, p. 1238, � 1, effective June 4. L. 88: (2) amended, p. 979, � 2, effective April 20. L. 89: (2) amended, p. 845, � 114, effective July 1. L. 90: (9) amended, p. 449, � 22, effective April 18. L. 98: (2) amended, p. 947, � 6, effective May 27. L. 99: (4) amended, p. 1170, � 5, effective July 1. L. 2000: (4) amended, p. 1266, � 5, effective May 26; (4) amended, p. 1027, � 7, effective July 1. L. 2002: (4) amended, p. 1023, � 43, effective June 1; (4) amended, p. 1155, � 15, effective July 1. L. 2006: (4) amended, p. 1692, � 15, effective July 1, 2007. L. 2007: (4) amended, p. 2040, � 60, effective June 1. L. 2008: (3) amended, p. 1668, � 13, effective May 29. L. 2009: (4) amended, (SB 09-241), ch. 295, p. 1577, � 2, effective September 30, 2010. L. 2010: (4) amended, (HB 10-1422), ch. 419, p. 2087, � 76, effective August 11. L. 2011: (11) added, (HB 11-1203), ch. 72, p. 199, � 1, effective August 10.
Editor's note: (1) Amendments to subsection (4) by House Bill 00-1166 and Senate Bill 00-121 were harmonized.
(2) Amendments to subsection (4) by Senate Bill 02-159 and Senate Bill 02-019 were harmonized.
24-72-303. Records of official actions required - open to inspection - applicability. (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.
(a.5) (I) Upon completion of a final report which concludes a crime laboratory employee engaged in wrongful action, as described in section 16-12-305 (5)(b), the final report is open for public inspection, and if the requester requests access to report, the custodian shall provide access to the final report subject to the provisions of subsections (4)(b), (4)(c), and (4)(d) of this section.
(II) Notwithstanding the provisions of subsection (4)(a.5)(I) of this section, the custodian of a final report that concludes that a crime laboratory employee engaged in wrongful action may deny inspection of the report if there is an ongoing criminal investigation or criminal case against a crime laboratory employee related to the subject of the wrongful action. The final report file must be open for public inspection upon the dismissal of all charges or upon a sentence for a conviction.
(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 email 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), (4)(a.5), and (4)(e) of this section, the custodian of an internal investigation file as described in subsection (4)(a) of this section or a final report as described in subsection (4)(a.5) of this section may deny inspection of the file if the inspection is prohibited by rules adopted 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.
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. L. 2025: (4)(a.5) added and (4)(g) amended, (HB 25-1275), ch. 352, p. 1906, � 3, effective June 2.
Editor's note: Section 5 of chapter 352 (HB 25-1275), Session Laws of Colorado 2025, provides that the act changing this section applies to claims for relief filed on or after June 2, 2025.