(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) Except as otherwise provided in this section, the name and any other information that would identify any victim of sexual assault or of alleged sexual assault or attempted sexual assault or alleged attempted 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 or the named victim or victim's designee or victim's lawful representative as defined in 24-4.1-302 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.;
(F) Sexual assault on a client by a psychotherapist under section 18-3-405.5, C.R.S.;
(G) Incest under section 18-6-301, C.R.S.;
(H) Aggravated incest under section 18-6-302, C.R.S.; or
(I) An attempt to commit any of the offenses listed in sub-subparagraphs (A) to (H) of this subparagraph (I).
(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.
(d) The provisions of this subsection (4) shall not apply to the sharing of information by a state institution of higher education police department to authorized university administrators pursuant to section 23-5-141, C.R.S.
(4.5) (a) (I) Except as otherwise provided in this section, the name and any other information that would identify any child victim or any child witness of offenses, alleged offenses, attempted offenses, or allegedly attempted offenses shall be deleted from any criminal justice record prior to the release of the record to any individual or agency other than a criminal justice agency, the office of the state public defender, the office of the alternate defense counsel, the office of respondent parents' counsel, the office of the child's representative, municipal attorneys, county attorneys, the named child victim or child victim's designee or victim's lawful representative as defined in 24-4.1-302, the named child witness or child witness's designee, or except when shared pursuant to subsection (4.5)(d) of this section. This subsection (4.5)(a) does not apply to criminal justice records that solely involve traffic offenses.
(II) Repealed.
(a.5) Good cause exception. Disclosure of the name and identifying information of a child victim or child witness is permitted only when authorized by a district court for good cause after notice is provided to the child victim, child witness, child victim's legal guardian, or child witness's legal guardian and a hearing is conducted. Any person may petition a district court for the disclosure of the name and identifying information of a child witness or child victim. For purposes of this subsection (4.5)(a.5), good cause means a finding that the person seeking disclosure has established that the public interest in accessing the name and identifying information of a child victim or child witness substantially outweighs the harm to the privacy interest of the child victim, child witness, child victim's legal guardian, or child witness's legal guardian.
(b) Repealed.
(c) A criminal justice agency or custodian of criminal justice records shall make the notation CHILD VICTIM or CHILD WITNESS on any record of official action and on the file containing the record when the official action involves a child victim or child witness when:
(I) Any employee of the court, officer of the court, or judicial officer notifies the agency or custodian of the name of a child victim or child witness when the name is disclosed to or obtained by the employee or officer during the course of proceedings related to the official action; or
(II) The record or file contains the name of a child victim or child witness and the child victim, the child witness, or the child's legal guardian requests that the custodian of the criminal justice record make such a notation.
(d) This subsection (4.5) does not apply to the sharing of information between:
(I) Criminal justice agencies, school districts, state institution of higher education police departments and authorized university administrators pursuant to section 23-5-141, assessment centers for children as defined in section 19-1-103, or social services agencies as authorized by section 22-32-109.1 (3);
(II) Public schools and school districts for the purposes of suspension, expulsion, and reenrollment determinations pursuant to sections 22-33-105 (5)(a), 22-33-106 (1.2) and (4)(a), and 19-1-303, C.R.S.; and
(III) The office of the child protection ombudsman, the office of the child's representative, the office of the respondent parents' counsel, child fatality review teams as defined in sections 25-20.5-404, 25-20.5-406, and 26-1-139, C.R.S., and state or county departments of human or social services in the exercise of their duties.
(e) Short title. The short title of this subsection (4.5) is Riley's Law.
(f) The provisions of subsections (4.5)(a) and (4.5)(c) of this section, as amended by Senate Bill 23-075, enacted in 2023, and the provisions of subsection (4.5)(a.5) of this section, as added by Senate Bill 23-075, enacted in 2023, apply to records pertaining to offenses committed on or after January 1, 2024. For records pertaining to offenses committed prior to January 1, 2024, this subsection (4.5) as it existed prior to January 1, 2024, applies.
(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.
Source: L. 77: Entire part added, p. 1246, � 1, effective December 31. L. 92: (4) added, p. 1106, � 6, effective July 1. L. 93: (4) amended, p. 1863, � 1, effective June 6. L. 96: (4)(a) amended, p. 1587, � 14, effective July 1. L. 97: (5) added, p. 1551, � 2, effective July 1. L. 2000: (4)(b)(I)(A), (4)(b)(I)(B), and (4)(b)(I)(C) amended, p. 707, � 36, effective July 1. L. 2006: (4)(a) and (4)(b)(I) amended, p. 421, � 3, effective April 13. L. 2011: (4)(d) added, (HB 11-1169), ch. 119, p. 374, � 2, effective April 20. L. 2016: (4.5) amended, (SB 16-110), ch. 90, p. 252, � 1, effective September 1. L. 2021: IP(4.5)(d) and (4.5)(d)(I) amended, (SB 21-059), ch. 136, p. 746, � 119, effective October 1. L. 2023: (4.5)(a) and (4.5)(c) amended, (4.5)(a.5) and (4.5)(e) added, and (4.5)(b) repealed, (SB 23-075), ch. 242, p. 1298, � 1, effective August 7. L. 2024: (4)(a) and (4.5)(a) amended and (4.5)(f) added, (HB 24-1090), ch. 4, p. 8, � 1, effective February 20.
Editor's note: (1) Section 2 of chapter 90 (SB 16-110), Session Laws of Colorado 2016, provides that the notation requirement in subsection (4.5) applies to offenses committed on or after September 1, 2016. Section 2 further provides that criminal justice agencies and custodians of criminal justice records shall make reasonable efforts to comply with subsection (4.5) for offenses committed prior to September 1, 2016.
(2) Subsection (4.5)(a)(II)(B) provided for the repeal of subsection (4.5)(a)(II), effective July 1, 2025. (See L. 2024, p. 8.)
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 biological substance testing to determine the genetic markers conducted pursuant to sections 16-11-102.4 and 16-23-104, 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, including as required by section 24-72-303 (4), 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.
(8) The allowance or denial of the right to inspect criminal justice records that contain specialized details of security arrangements or investigations shall be governed by section 24-72-204 (2)(a)(VIII).
Source: L. 77: Entire part added, p. 1246, � 1, effective December 31. L. 78: IP(1) amended and (2) to (4) repealed, pp. 403, 407, �� 1, 4, effective May 5. L. 99: (1.5) added, p. 1170, � 6, effective July 1. L. 2000: (1.5) amended, p. 1266, � 6, effective May 26; (1.5) amended, p. 1028, � 8, effective July 1. L. 2002: (1.5) amended, p. 1024, � 44, effective June 1; (1.5) amended, p. 1155, � 16, effective July 1. L. 2005: (8) added, p. 503, � 3, effective July 1. L. 2006: (1.5) amended, p. 1692, � 16, effective July 1, 2007. L. 2007: (1.5) amended, p. 2040, � 61, effective June 1. L. 2009: (1.5) amended, (SB 09-241), ch. 295, p. 1577, � 3, effective September 30, 2010. L. 2010: (1.5) amended, (HB 10-1422), ch. 419, p. 2087, � 77, effective August 11. L. 2019: (5) amended, (HB 19-1119), ch. 96, p. 354, � 2, effective April 12.
Editor's note: (1) Amendments to subsection (1.5) by House Bill 00-1166 and Senate Bill 00-121 were harmonized.
(2) Amendments to subsection (1.5) by Senate Bill 02-159 and Senate Bill 02-019 were harmonized.
24-72-305.3. Private access to criminal history records of volunteers and employees of charitable organizations.
(1) (Deleted by amendment, L. 2001, p. 1233, � 1, effective June 5, 2001.)
(2) (a) As used in this subsection (2):
(I) Authorized agency means a division or office of a state designated by a state to report, receive, or disseminate information under the Volunteers for Children Act, contained in Public Law 105-251, as amended.
(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, the elderly, or individuals with disabilities.
(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) (Deleted by amendment, L. 2001, p. 1233, � 1, effective June 5, 2001.)
(V.2) The elderly means persons sixty years of age or older receiving care.
(V.5) Individuals with disabilities means persons with a mental or physical impairment who require assistance to perform one or more daily living tasks.
(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 care or care placement services, including a business or organization that licenses or certifies others to provide care or 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, the elderly, or individuals with disabilities. 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 18-1.3-406, C.R.S.;
(III) Any felony offenses involving unlawful sexual behavior, as defined in section 16-22-102 (9), 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. 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):
(A) The department of human services, created in section 24-1-120, may serve as an authorized agency for those qualified entities that are regulated by the said 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).
(B) The department of public health and environment, created in section 24-1-119, may serve as an authorized agency for those qualified entities that are regulated by said department. The state board of health 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 health may promulgate all reasonable and necessary rules to implement this subsection (2).
(C) The department of education, created in section 24-1-115, may serve as an authorized agency for those qualified entities that are regulated by said department. The state board of education 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 education may promulgate all reasonable and necessary rules to implement this subsection (2).
(d) Any authorized agency reporting, receiving, or disseminating criminal history record information pursuant to this subsection (2) shall request such information only through the bureau. The bureau, in responding to such request, shall 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.
Source: L. 95: Entire section added, p. 111, � 1, effective March 30. L. 2000: Entire section amended, p. 1701, � 1, effective July 1. L. 2001: Entire section amended, p. 1233, � 1, effective June 5. L. 2002: (2)(b)(III) amended, p. 1189, � 32, effective July 1; (2)(b)(II) amended, p. 1535, � 258, effective October 1.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (2)(b)(II), see section 1 of chapter 318, Session Laws of Colorado 2002.
24-72-305.4. Governmental access to criminal history records of applicants in regulated professions or occupations. (1) 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 through the Colorado bureau of investigation.
(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.
Source: L. 94: Entire section added, p. 1048, � 1, effective July 1. L. 2002: IP(1) and (2) amended, p. 977, � 14, effective June 1.
24-72-305.5. Access to records - denial by custodian - use of records to obtain information for solicitation - definitions. (1) 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.
(2) (a) It is unlawful for a person to obtain a copy of a booking photograph in any format knowing:
(I) The booking photograph will be placed in a publication or posted to a website; and
(II) Removal of the booking photograph from the publication or website requires the payment of a fee or other exchange for pecuniary gain.
(b) A person who requests a copy of one or more booking photographs from an official custodian shall, at the time of making the request, submit the statement required by subsection (1) of this section; except that a custodian may allow a person who anticipates making multiple requests for booking photographs to submit the required statement once for all booking photographs requested during a specified period of time not to exceed one year. By signing the statement, the person is affirming that any booking photograph obtained from the custodian will not be placed in a publication or posted to a website that requires the payment of a fee or other exchange for pecuniary gain in order to remove or delete the booking photograph from the publication or website.
(c) Notwithstanding the provisions of section 24-72-309, a person who violates a provision of paragraph (a) of this subsection (2) or who submits a false statement pursuant to paragraph (b) of this subsection (2) commits an unclassified misdemeanor and shall be punished by a fine of up to one thousand dollars.
(d) As used in this subsection (2), unless the context otherwise requires, booking photograph means a photograph or other image of a person taken by a criminal justice agency at the time that a person is arrested or detained by a criminal justice agency and prior to conviction.
Source: L. 92: Entire section added, p. 406, � 23, effective June 3. L. 2014: Entire section amended, (HB 14-1047), ch. 115, p. 414, � 1, effective September 1. L. 2015: (2)(b) amended, (HB 15-1137), ch. 46, p. 114, � 1, effective March 26.
24-72-305.6. County clerk and recorder access to criminal history records of election judges and employees - rules. (1) A county clerk and recorder shall request the criminal history records from the public website maintained by the Colorado bureau of investigation for all full-time, part-time, permanent, and contract employees of the county who staff a counting center and who have any access to electromechanical voting systems or electronic vote tabulating equipment. The county clerk and recorder shall request the records not less than once each calendar year prior to the first election of the year.
(2) A county clerk and recorder may request, in his or her discretion, the criminal history records from the public website maintained by the Colorado bureau of investigation for an election judge serving in the county. The secretary of state may, by rule promulgated in accordance with article 4 of this title, require that certain duties may be performed only by those election judges for whom a county clerk and recorder has requested criminal history records pursuant to this subsection (2). Such duties may include accessing the statewide voter registration system established pursuant to section 1-2-301, C.R.S.
(3) A county clerk and recorder authorized to access criminal history records pursuant to this section may access records that are maintained by or within this state directly through the public website maintained by the Colorado bureau of investigation. A county clerk and recorder that does not have access or authorization to use a credit card for conducting business on behalf of the county in which the clerk and recorder serves may request that the county sheriff for the county access the criminal records from the public website maintained by the Colorado bureau of investigation. Criminal records shall not be accessed pursuant to this section directly from the Colorado criminal justice computer system or the national criminal justice computer system.
Source: L. 2006: Entire section added, p. 120, � 1, effective March 27. L. 2016: (2) amended, (SB 16-142), ch. 173, p. 590, � 74, effective May 18.
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 redaction of criminal justice records requested pursuant to this part 3 and may waive fees at their discretion. In addition, criminal justice agencies may charge a fee not to exceed twenty-five cents per standard page for a copy of a criminal justice record or a fee not to exceed the actual cost of providing a copy, printout, or photograph of a criminal justice record in a format other than a standard page. Where fees for certified copies or other copies, printouts, or photographs of criminal justice 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 in accordance with this subsection (1).
(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.
(3) The provisions of this section shall not apply to discovery materials that a criminal justice agency is required to provide in a criminal case pursuant to rule 16 of the Colorado rules of criminal procedure.
Source: L. 77: Entire part added, p. 1248, � 1, effective December 31. L. 2008: (1) amended and (3) added, p. 428, � 1, effective August 5.