Release of Records Under the Colorado’s Criminal Justice Records Act & Colorado’s Open Records Act
The Office of the District Attorney will comply, to the fullest extent, with the provisions of the Colorado Open Records Act (CORA) C.R.S. 24-72-205 et seq. and the Criminal Justice Records Act (CCJRA), C.R.S. 24-72-301 et. seq. and the cases interpreting these statutes.
Through these laws and cases, Colorado has set out a public policy of what is appropriately released or withheld after requests are made. The policies of Colorado’s 4th Judicial District Attorney’s Office will not broaden nor limit what is released pursuant to this law.
The following procedures are in effect:
- All requests under CCJRA or CORA must be in writing.
- All requests must be specific, stating what records are requested and the purpose for requesting the records. Requests must also state who will be the custodian of the record and whether the record is for public dissemination.
- All requests shall be forwarded to the Chief Communications Officer, COO or Assistant DA.
- A reasonable fee shall be charged by Colorado’s 4th Judicial District Attorney’s Office for accumulating, copying and supplying the information. This reasonable fee shall be estimated prior to supplying the information, and the fee must be paid before the information is given. The following guidelines shall be used in determining the fee:
- $25 per hour of research/time spent
- There is no charge for the first hour of research
- A cost estimation should be provided to the requestor ahead of any research being done
If manipulation of information is required, the DA’s office will charge the lowest hourly wage of the lowest person paid who is qualified to obtain the information. (pursuant to C.R.S. 24-72-205(3) data compilations).
Cost of public record: Copies may be made of any public record at a cost of no more than $.25 per page, however, an additional reasonable fee may be charged for:
- Special requests for data in a form not required as a record. Requestors may have to pay costs to manipulate data. Subsequent requestors will pay the same amount as the first.
- Use of a computer program other than word processing if necessary to provide a record. Fee for a copy can recover costs of the system; however, this may be waived for public purposes including newspapers, non-profits and academic research.
- Records supplied on a disc for computer utilization will be charged at the same rate as the current discovery fee.
Request for copy of police report by a victim or victim’s attorney:
- These records shall be released upon approval by the prosecuting DA. The prosecuting DA should evaluate whether release of the record will harm the case, influence witness testimony, be contrary to public interest, or a violation of ethical or legal obligations.
- Discovery fees shall be charged unless waived by the COO or the Deputy District Attorney assigned the case.
Requests for information by a guardian ad litem shall be honored if the request is in writing. There shall be no charge for this information.
Permission to review the prosecutor’s file shall be requested in writing. The file may be made available and proper supervision shall apply. Fees indicated above will be paid. Before review by anyone not employed by the District Attorney’s Office, work product shall be sealed and kept in a separate file. This information shall be available only to the Court upon order by the Court, after having an opportunity to be heard.
None of the above policies pertain to any confidential records that include information gathered by a victim advocate. Any requests for that type of information will be honored only with a court order, after the victim has had a right to be heard.
The District Attorney’s Office will redact secure information such as social security numbers and confidential addresses. The District Attorney will consider whether other personal information or names of children should be redacted. If this is appropriate, the requested party will be notified. A reasonable fee will be charged for the redaction of this information if it is voluminous.
Release of any records regarding a juvenile criminal case will be considered under C.R.S. 19-1-304, which allows for limited release of information under specific circumstances. Release of juvenile information will be done only after consultation with the Senior Juvenile Deputy DA. If the reviewing attorney denies release, the information will only be released by court order, after having an opportunity to be heard.
The District Attorney’s office will not release any confidential documents or information that comes from confidential sources. For example:
- medical records,
- psychiatric and psychological evaluations,
- and criminal histories.
These will only be released pursuant to court order, after an opportunity to be heard.
