(1)In any case in which a grand jury does
not return an indictment, the grand jury may prepare or ask to be prepared a report
of its findings if the grand jury determines that preparation and release of a report
would be in the public interest, as described in subsection (5) of this section. The
determination to prepare and release a report pursuant to this section must be
made by an affirmative vote of at least the number of jurors that would have been
required to return an indictment. The report shall be accompanied by certification
that the grand jury has determined that release of the report is in the public
interest, as described in subsection (5) of this section.
(2)The provisions of this section shall not apply in any instance in which the
prosecuting attorney chooses to
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(1) In any case in which a grand jury does
not return an indictment, the grand jury may prepare or ask to be prepared a report
of its findings if the grand jury determines that preparation and release of a report
would be in the public interest, as described in subsection (5) of this section. The
determination to prepare and release a report pursuant to this section must be
made by an affirmative vote of at least the number of jurors that would have been
required to return an indictment. The report shall be accompanied by certification
that the grand jury has determined that release of the report is in the public
interest, as described in subsection (5) of this section.
(2) The provisions of this section shall not apply in any instance in which the
prosecuting attorney chooses to file charges against the person or business that
was the subject of the grand jury investigation.
(3) Within fourteen days after receiving a report of the grand jury prepared
pursuant to subsection (1) of this section, the prosecuting attorney shall notify in
writing all persons and businesses named in the grand jury report to give such
persons and businesses an opportunity to review the grand jury report and prepare
a response to be submitted to the court with the grand jury report. Such notice shall
be by personal service or by certified mail return receipt requested. Any responses
shall be submitted to the prosecuting attorney within fourteen days after
notification.
(4) Upon completion of the time for submitting responses, the prosecuting
attorney shall submit the grand jury report to the court, together with the
certification of public interest and any responses that may have been submitted.
The court shall examine the report and make an order accepting and filing the
report, including the certification and any responses that the respondent, by written
notice to the prosecuting attorney and the court, has agreed to release, as a public
record only if the court is satisfied that:
(a) The grand jury and the prosecuting attorney were acting within the
statutory jurisdiction of such persons in convening the grand jury; and
(b) The grand jury foreman and the prosecuting attorney have verified on the
record that:
(I) The certification of public interest by the grand jury complies with the
provisions of subsection (5) of this section; and
(II) The report is based on facts revealed in the course of the grand jury
investigation and is supported by a preponderance of the evidence; and
(III) The report does not contain material the sole effect of which is to
ridicule or abuse a person or business or to subject such person or business to
public disgrace or embarrassment; and
(IV) The report does not contain material that is personal in nature that does
not relate to any lawful inquiry; and
(V) No confidentiality agreement will be violated and the identity of no
confidential informant will be disclosed in making such grand jury report public; and
(VI) The filing of such report as a public record does not prejudice the fair
consideration of a criminal matter.
(5) Release of a grand jury report pursuant to this section may be deemed to
be in the public interest only if the report addresses one or more of the following:
(a) Allegations of the misuse or misapplication of public funds;
(b) Allegations of abuse of authority by a public servant, as defined in
section 18-1-901 (3)(o), C.R.S., or a peace officer, as described in section 16-2.5-101;
(c) Allegations of misfeasance or malfeasance with regard to a
governmental function, as defined in section 18-1-901 (3)(j), C.R.S.;
(d) Allegations of commission of a class 1, class 2, or class 3 felony.