C.R.S. Section 24-4.1-107.5
Confidentiality of materials

  • definitions

(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.

Source: Section 24-4.1-107.5 — Confidentiality of materials - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑4.1‑100.1
Short title 24‑4.1‑101
Legislative declaration 24‑4.1‑102
Definitions 24‑4.1‑103
Crime victim compensation board - creation 24‑4.1‑104
District attorney to assist board 24‑4.1‑105
Application for compensation 24‑4.1‑106
Hearings 24‑4.1‑107
Regulations 24‑4.1‑107.5
Confidentiality of materials - definitions 24‑4.1‑108
Awarding compensation 24‑4.1‑109
Losses compensable 24‑4.1‑110
Recovery from collateral source 24‑4.1‑111
Compensation to relatives 24‑4.1‑112
Emergency awards 24‑4.1‑113
Fees 24‑4.1‑114
Assignment, attachment, or garnishment of award 24‑4.1‑114.5
Limitations on characterization of award as income 24‑4.1‑115
Survival of rights 24‑4.1‑116
Subrogation 24‑4.1‑116.5
Collection actions against crime victims - suspension 24‑4.1‑117
Fund created - control of fund 24‑4.1‑117.3
Crime victim services advisory board - creation - duties 24‑4.1‑117.7
State crime victims compensation program - creation - appropriation 24‑4.1‑118
Court administrator custodian of fund - disbursements 24‑4.1‑119
Costs and surcharges levied on criminal actions and traffic offenses 24‑4.1‑120
Effective dates of provisions of this article 24‑4.1‑122
Reports 24‑4.1‑201
Distribution of profits from crime - escrow account - civil suit by victim - definitions 24‑4.1‑202
Notification of board 24‑4.1‑203
More than one claim 24‑4.1‑204
Actions null and void 24‑4.1‑205
Interest on moneys in the account 24‑4.1‑206
Annual reports of funds 24‑4.1‑207
Applicability 24‑4.1‑300.1
Short title 24‑4.1‑301
Legislative declaration 24‑4.1‑302
Definitions 24‑4.1‑302.5
Rights afforded to victims - definitions 24‑4.1‑303
Procedures for ensuring rights of victims of crimes 24‑4.1‑304
Child victim or witness - rights and services 24‑4.1‑305
Disclosure by agent of defense-initiated victim outreach required - definition 24‑4.1‑401
Definitions 24‑4.1‑402
Immigration certification forms - completion deadlines 24‑4.1‑403
Certification forms - signature requirement - limitation on factors for consideration 24‑4.1‑404
Prohibition on disclosure of victim’s immigration status 24‑4.1‑405
Duty to inform victims 24‑4.1‑406
Reports 24‑4.1‑501
Definitions 24‑4.1‑502
Victims of a violent crime brain injury task force - established - duties - membership - report - repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 24-4.1-107.5’s source at colorado​.gov