C.R.S. Section 24-31-704
Access to records

  • confidentiality
  • public access
  • immunity

(1)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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.

Source: Section 24-31-704 — Access to records - confidentiality - public access - immunity, 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

§ 24-31-704’s source at colorado​.gov