§ 24-31-704 — Access to records - confidentiality - public access - immunity

Colorado § 24-31-704

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Department of Law

Text

(1) (a) Notwithstanding any other state law to the contrary, but subject to the
requirements of applicable provisions of federal law, the review board and review
teams have access to records and information that are relevant to a review of a
domestic violence fatality and that are in the possession of a state or local
governmental agency.

(b) The review board and review teams may access mental health and
substance abuse treatment records only with the written consent of appropriate
parties in accordance with applicable federal and state law.

(2) (a) All review board and review team meetings; activities of the review
board and review teams, including activities of any issue-specific panel or ad hoc
subcommittee formed by the review board or by review teams; review board and
review team meeting notes and statements; health information and medical records
obtained by the review board or by review teams; and any information obtained by
the department in connection with the review board or review teams are
confidential and are not subject to:

(I) The open meetings provisions of the Colorado Sunshine Act of 1972 set
forth in section 24-6-402;

(II) The Colorado Open Records Act, part 2 of article 72 of title 24; or

(III) Subpoena, discovery, or introduction into evidence in any civil or criminal
proceeding, unless the information was obtained from another source that is
separate and apart from the review board or review teams.

(b) Each member of the review board, each member of a review team, and
each invited participant at a meeting shall sign a statement indicating an
understanding of and adherence to confidentiality requirements. A person who
knowingly violates confidentiality requirements commits a petty offense and, upon
conviction, shall be punished as provided in section 18-1.3-503.

(c) A member of the review board, a member of a review team, a person who
attends a review team meeting, and a person who presents information to a review
team are not subject to examination in any civil or criminal proceeding concerning
information presented to members of the review team or opinions formed by the
review team based on that information. A person may, however, be examined
concerning information reviewed by the review board or a review team that is
otherwise available to the public or that is required to be revealed by that person in
an official capacity.

(d) Information, documents, records, notes, memoranda, and data of the
review board and the review teams are not subject to subpoena, discovery, or
introduction into evidence in any action in any court or before any tribunal, board,
agency, or person and may not be exhibited or disclosed in any way by any person
unless the information was obtained from another source that is separate and apart
from the review board or review teams, except as may be necessary for furthering
the duties of the review board or the review teams or in response to an alleged
violation of a confidentiality agreement pursuant to subsection (2)(b) of this section.

(3) A member of the review board, a member of a review team, and any
person acting as a witness to, incident reporter to, or investigator for the review
board or a review team is not liable for any act or proceeding undertaken or
performed within the scope of the functions of the review board or review team
unless he or she acted in bad faith, with malicious purpose, or in a manner
exhibiting wanton and willful disregard of human rights, safety, or property.

Legislative History

Source: L. 2017: Entire part added, (SB 17-126), ch. 400, p. 2087, � 2, effective August 9. L. 2021: (2)(b) amended, (SB 21-271), ch. 462, p. 3226, � 415, effective March 1, 2022.