§ 24-4.1-107.5 — Confidentiality of materials - definitions

Colorado § 24-4.1-107.5

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Crime Victim Compensation and

Text

(1) For purposes of
this section, unless the context otherwise requires:

(a) In camera review means the judge views the material in private, without
either party present.

(b) Materials means any records, claims, writings, documents, or
information.

(2) Any materials received, made, or kept by a board or a district attorney to
process a claim on behalf of a crime victim under this article are confidential. The
district attorney shall have standing in any action to oppose the disclosure of any
such materials. A board shall not provide through discovery in any civil or criminal
action any exhibits, medical records, psychological records, counseling records,
work records, criminal investigation records, criminal court case records, witness
statements, telephone records, and other records of any type or nature whatsoever
gathered for the purpose of evaluating whether to compensate a victim except:

(a) In the event of the review by the court of an order or decision of the board
pursuant to section 24-4.1-106, and then only to the extent narrowly and necessary
to obtain court review; or

(b) Upon a strict showing to the court in a separate civil or a criminal action
that particular information or documents are known to exist only in board records.
The court may inspect in camera such records to determine whether the specific
requested information exists. If the court determines that the specific information
sought exists in the board's records, the documents may then be released only by
court order if the court finds as part of its order that the documents will not pose
any threat to the safety or welfare of the victim or any other person whose identity
may appear in the board's records, or violate any other privilege or confidentiality
right.

(3) In a proceeding for determining the amount of restitution, if the
defendant's request is not speculative and is based on an evidentiary hypothesis
that warrants an in camera review to rebut the presumption established in section
18-1.3-603, C.R.S., the court may release additional information contained in the
records of the board only after an in camera review and additionally finding that the
information:

(a) Is necessary for the defendant to dispute the amount claimed for
restitution; and

(b) Will not pose any threat to the safety or welfare of the victim, or any
other person whose identity may appear in the board's records, or violate any other
privilege or confidentiality right.

Legislative History

Source: L. 2000: Entire section added, p. 242, � 7, effective March 29. L. 2015: Entire section amended, (HB 15-1035), ch. 60, p. 144, � 2, effective March 30.