As used in this part 3, unless the context otherwise
requires:
(1) Arrest and criminal records information means information reporting the
arrest, indictment, or other formal filing of criminal charges against a person; the
identity of the criminal justice agency taking such official action relative to an
accused person; the date and place that such official action was taken relative to
an accused person; the name, birth date, last-known address, and sex of an accused
person; the nature of the charges brought or the offenses alleged against an
accused person; and one or more dispositions relating to the charges brought
against an accused person.
(2) Basic identification information means the name, place and date of
birth, last-known address, social security number, occupation and address of
employment, physical description, photograph, handwritten signature, sex,
fingerprints, and any known aliases of any person.
(3) Criminal justice agency means any court with criminal jurisdiction and
any agency of the state, including but not limited to the department of education, or
any agency of any county, city and county, home rule city and county, home rule
city or county, city, town, territorial charter city, governing boards of institutions of
higher education, school district, special district, judicial district, or law
enforcement authority that performs any activity directly relating to the detection
or investigation of crime; the apprehension, pretrial release, posttrial release,
prosecution, correctional supervision, rehabilitation, evaluation, or treatment of
accused persons or criminal offenders; or criminal identification activities or the
collection, storage, or dissemination of arrest and criminal records information.
(4) Criminal justice records means all books, papers, cards, photographs,
tapes, recordings, or other documentary materials, regardless of form or
characteristics, that are made, maintained, or kept by any criminal justice agency in
the state for use in the exercise of functions required or authorized by law or
administrative rule, including but not limited to the results of chemical biological
substance testing to determine genetic markers conducted pursuant to sections
16-11-102.4 and 16-23-104, C.R.S.
(5) Custodian means the official custodian or any authorized person having
personal custody and control of the criminal justice records in question.
(6) Disposition means a decision not to file criminal charges after arrest;
the conclusion of criminal proceedings, including conviction, acquittal, or acquittal
by reason of insanity; the dismissal, abandonment, or indefinite postponement of
criminal proceedings; formal diversion from prosecution; sentencing, correctional
supervision, and release from correctional supervision, including terms and
conditions thereof; outcome of appellate review of criminal proceedings; or
executive clemency.
(7) Official action means an arrest; indictment; charging by information;
disposition; pretrial or posttrial release from custody; judicial determination of
mental or physical condition; decision to grant, order, or terminate probation,
parole, or participation in correctional or rehabilitative programs; and any decision
to formally discipline, reclassify, or relocate any person under criminal sentence.
(8) Official custodian means any officer or employee of the state or any
agency, institution, or political subdivision thereof who is responsible for the
maintenance, care, and keeping of criminal justice records, regardless of whether
such records are in his actual personal custody and control.
(9) Person means any natural person, corporation, limited liability
company, partnership, firm, or association.
(10) Person in interest means the person who is the primary subject of a
criminal justice record or any representative designated by said person by power of
attorney or notarized authorization; except that, if the subject of the record is under
legal disability, person in interest means and includes his parents or duly
appointed legal representative.
(11) Private custodian means a private entity that has custody of the
criminal justice records in question and is in the business of providing the
information to others.
Source: L. 77: Entire part added, p. 1244, � 1, effective December 31. L. 81: (3)
amended, p. 1238, � 1, effective June 4. L. 88: (2) amended, p. 979, � 2, effective
April 20. L. 89: (2) amended, p. 845, � 114, effective July 1. L. 90: (9) amended, p.
449, � 22, effective April 18. L. 98: (2) amended, p. 947, � 6, effective May 27. L. 99: (4) amended, p. 1170, � 5, effective July 1. L. 2000: (4) amended, p. 1266, � 5,
effective May 26; (4) amended, p. 1027, � 7, effective July 1. L. 2002: (4) amended, p.
1023, � 43, effective June 1; (4) amended, p. 1155, � 15, effective July 1. L. 2006: (4)
amended, p. 1692, � 15, effective July 1, 2007. L. 2007: (4) amended, p. 2040, � 60,
effective June 1. L. 2008: (3) amended, p. 1668, � 13, effective May 29. L. 2009: (4)
amended, (SB 09-241), ch. 295, p. 1577, � 2, effective September 30, 2010. L. 2010: (4) amended, (HB 10-1422), ch. 419, p. 2087, � 76, effective August 11. L. 2011: (11)
added, (HB 11-1203), ch. 72, p. 199, � 1, effective August 10.