C.R.S. Section 24-31-607
In camera review

  • confidentiality of materials
  • criminal penalty

(1)

Intentionally left blank —Ed.

(a)

The safe2tell program and persons implementing and operating the program shall not be compelled to produce any materials except on the motion of a criminal defendant to the court in which the offense is being tried, supported by an affidavit establishing that the materials contain impeachment evidence or evidence that is exculpatory to the defendant in the trial of that offense.

(b)

If the defendant’s motion is granted, the court shall conduct an ex parte in camera review of materials produced under the defendant’s subpoena.

(c)

If the court determines that the produced materials contain impeachment evidence or evidence that is exculpatory to the defendant, the court shall order the materials to be produced to the defendant pursuant to a protective order that includes, at a minimum, the redaction of the reporting party’s identity and limitations on the use of the materials, as needed, unless contrary to state or federal law. Any materials excised pursuant to a judicial order following the in camera review shall be sealed and preserved in the records of the court, to be made available to the appellate court in the event of an appeal. After the time for appeal has expired, the court shall return the materials to the program.

(2)

Intentionally left blank —Ed.

(a)

Materials created or obtained through the implementation or operation of the program are confidential, and a person shall not disclose the material. The program and persons implementing or operating the program may be compelled to produce the materials only before a court or other tribunal and only pursuant to court order for an in camera review. Any such review shall be limited to an inspection of materials that are material to the specific case pending before the court. The attorney general acting on behalf of the safe2tell program shall have standing in any action to oppose the disclosure of materials in the custody of the safe2tell program.

(b)

A person who knowingly discloses materials in violation of the provisions of this subsection (2) commits a class 1 misdemeanor.

(3)

Notwithstanding any provision to the contrary, upon request by a law enforcement agency, the attorney general may disclose to law enforcement personnel any materials or information obtained through the implementation or operation of the program if the attorney general reasonably deems such disclosure necessary for the prevention of imminent physical harm or serious bodily injury to one or more persons.
(4)(a)(I) Notwithstanding subsections (2)(a) and (2)(b) of this section, a court may issue a court order for production of records, under seal, on request of a law enforcement agency, public safety agency, or district attorney, for program materials identifying a reporting party if the court, following an in-camera review of an affidavit and any other relevant material or evidence provided under seal by the requesting party, determines probable cause exists that a reporting party to the program knowingly used the program in the commission of false reporting of an emergency, as defined in section 18-8-111 (2), and that release of program materials is justified on balance in view of the probable violation and the program purpose of anonymity.

(II)

Any such request for a court order for production of records may be filed only after reasonable notice is provided to the attorney general. The requesting party shall note any response from the attorney general in the affidavit and the court shall consider the note in reviewing any application for a court order under this section.

(b)

Intentionally left blank —Ed.

(I)

A court shall order that a warrant issued pursuant to subsection (4)(a) of this section, and any related evidence used to obtain such warrant, be sealed. The program and any law enforcement agency, public safety agency, or district attorney that receives information pursuant to subsection (4)(a) of this section shall keep the information confidential.

(II)

Intentionally left blank —Ed.

(A)

A court may lift the sealing and confidentiality of the information, prior to the filing of charges, only on a motion of a district attorney upon showing of good cause following an in-camera review of the information. The district attorney shall provide reasonable notice and the opportunity to respond to the department of any motion to lift the seal filed pursuant to this section, prior to filing a motion pursuant to this section.

(B)

Upon filing of charges against any person for charges that rely on information provided pursuant to a court order under this section, any sealing order will immediately expire and the information is subject to discovery obligations and necessary protective orders to preclude further dissemination of the material.

(c)

If a district attorney is considering filing any criminal charges as a result of a production of records issued pursuant to subsection (4)(a) of this section, the district attorney shall first consider referring the alleged responsible person for an assessment for suitability to participate in restorative justice practices.

Source: Section 24-31-607 — In camera review - confidentiality of materials - criminal penalty, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑31‑101
Powers and duties of attorney general 24‑31‑102
Offices, boards, and divisions 24‑31‑103
Chief deputy attorney general - powers 24‑31‑103.5
Solicitor general - creation - powers 24‑31‑104.5
Funding for insurance fraud investigations and prosecutions - creation of fund 24‑31‑106
Rights of crime victims - victims’ services coordinator 24‑31‑107
Applications for licenses - authority to suspend licenses - rules 24‑31‑108
Receipt of money - subject to appropriation - exception for custodial money - legal services cash fund - creation - definition 24‑31‑108.5
Use of funds for unanticipated legal needs 24‑31‑111
Legal services to state agencies - definitions 24‑31‑112
No limitations on common law authority 24‑31‑113
Public integrity - patterns and practices 24‑31‑115
Housing unit - powers of attorney general or district attorney - subpoenas - document production - remedies - injunctive relief - penalties 24‑31‑301
Definitions 24‑31‑302
Creation of board 24‑31‑303
board - definition 24‑31‑304
Applicant for training - fingerprint-based criminal history record check 24‑31‑305
Certification - issuance - renewal - revocation - rules - definition 24‑31‑307
Enforcement 24‑31‑308
Reciprocity - provisional certificate 24‑31‑309
Profiling - officer identification - training - definition 24‑31‑310
Resources for the training of peace officers - peace officers in rural jurisdictions - legislative declaration 24‑31‑311
DNA evidence - collection - retention 24‑31‑312
School resource officer training 24‑31‑313
Training concerning abuse and exploitation of at-risk elders 24‑31‑313.5
Training concerning abuse and exploitation of at-risk adults with intellectual and developmental disabilities 24‑31‑314
Advanced roadside impaired driving enforcement training 24‑31‑315
Annual in-service training requirements 24‑31‑316
Attorney general to provide identification cards to retired peace officers upon request - definitions 24‑31‑317
Training requirements concerning peace officer interactions with persons with disabilities 24‑31‑318
Administrative law judge appointment 24‑31‑319
Training related to missing indigenous persons - development - basic and in-service training required 24‑31‑320
Persons with deferred action for childhood arrivals status - rules - definition 24‑31‑401
Definitions 24‑31‑402
Enforcement by attorney general 24‑31‑403
Funding 24‑31‑601
Short title 24‑31‑602
Legislative declaration 24‑31‑603
Definitions 24‑31‑604
Administration of article 24‑31‑605
Delegation of duties 24‑31‑606
Safe2tell program - creation - duties 24‑31‑607
In camera review - confidentiality of materials - criminal penalty 24‑31‑608
Transfer of property 24‑31‑609
License of intellectual property 24‑31‑610
Safe2tell cash fund - creation 24‑31‑611
Annual report 24‑31‑701
Definitions 24‑31‑702
Colorado domestic violence fatality review board - creation - membership - purpose - duties 24‑31‑703
Local and regional domestic violence fatality review teams - creation - membership - purpose - duties 24‑31‑704
Access to records - confidentiality - public access - immunity 24‑31‑706
Repeal of part 24‑31‑801
Definitions 24‑31‑802
Medicaid fraud control unit - creation - duties 24‑31‑803
Medicaid fraud reporting 24‑31‑804
Medicaid fraud control unit - displayed information 24‑31‑805
Medicaid fraud control unit authority and responsibilities 24‑31‑806
Civil investigative demands and subpoenas 24‑31‑807
Provider applications - false statements - penalties 24‑31‑808
Medicaid fraud and waste - penalties - definition 24‑31‑809
Unlawful remuneration - penalties 24‑31‑810
Other remedies available 24‑31‑811
Limitation of action - three years 24‑31‑901
Definitions 24‑31‑902
Incident recordings - release - tampering - fine 24‑31‑903
Division of criminal justice report 24‑31‑904
Peace officer certification discipline 24‑31‑905
Prohibited law enforcement action in response to protests 24‑31‑906
Retaliation against whistleblower officers prohibited 24‑31‑1001
Definitions 24‑31‑1002
Commission - membership - duties 24‑31‑1003
Study of training concerning interactions with persons with disabilities - report 24‑31‑1004
Recommend training curriculum for peace officers 24‑31‑1005
Report 24‑31‑1006
Funding 24‑31‑1007
Repeal of part 24‑31‑1101
Financial empowerment office - creation - director 24‑31‑1102
Financial empowerment office - purpose - duties 24‑31‑1201
Short title 24‑31‑1202
Definitions 24‑31‑1203
False claims - civil liability for certain acts - penalty - exception 24‑31‑1204
Civil actions for false claims - claims for retaliation - definitions 24‑31‑1205
False claims action procedures - limitation on action - standard of proof 24‑31‑1206
Jurisdiction 24‑31‑1207
False claims civil investigation demands 24‑31‑1208
Rule-making 24‑31‑1209
Use of recoveries - false claims recovery cash fund - creation 24‑31‑1210
No limitations on common law authority - medicaid fraud control 24‑31‑1211
False claims act report 24‑31‑1301
Definitions 24‑31‑1302
Worker and employee protection unit - creation - duties 24‑31‑1303
Worker misclassification - wage determinations - investigation and enforcement by the unit - coordination with department of labor and employment
Green check means up to date. Up to date

Current through Fall 2024

§ 24-31-607’s source at colorado​.gov