C.R.S. Section 24-72-305.3
Private access to criminal history records of volunteers and employees of charitable organizations

(1)(Deleted by amendment, L. 2001, p. 1233, § 1, effective June 5, 2001.)(2)(a) As used in this subsection (2):

(I)

“Authorized agency” means a division or office of a state designated by a state to report, receive, or disseminate information under the “Volunteers for Children Act”, contained in Public Law 105-251, as amended.

(II)

“Bureau” means the Colorado bureau of investigation created in section 24-33.5-401.

(III)

“Care” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.

(IV)

“Convicted” means a conviction by a jury or by a court and shall also include a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, and a plea of guilty or nolo contendere.
(V)(Deleted by amendment, L. 2001, p. 1233, § 1, effective June 5, 2001.)(V.2) “The elderly” means persons sixty years of age or older receiving care.

(V.5)

“Individuals with disabilities” means persons with a mental or physical impairment who require assistance to perform one or more daily living tasks.

(VI)

“Provider” shall have the same meaning as set forth in 42 U.S.C. sec. 5119c and includes an owner of, an employee of, an applicant seeking employment with, or a volunteer with a qualified entity.

(VII)

“Qualified entity” means a business or organization, whether public, private, for-profit, not-for-profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services.

(b)

For the purpose of implementing the provisions of the “Volunteers for Children Act”, contained in Public Law 105-251, as amended, on and after July 1, 2000, each qualified entity in the state may contact an authorized agency for the purpose of determining whether a provider has been convicted of, or is under pending indictment for, a crime that bears upon the provider’s fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities. Such crimes shall include, but need not be limited to:

(I)

Felony child abuse, as specified in section 18-6-401, C.R.S.;

(II)

A crime of violence, as defined in section 18-1.3-406, C.R.S.;

(III)

Any felony offenses involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.;

(IV)

Any felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.;

(V)

Any felony offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in subparagraphs (I) to (IV) of this paragraph (b).

(c)

Intentionally left blank —Ed.

(I)

For purposes of this subsection (2), the bureau shall be designated an authorized agency. The executive director of the department of public safety shall identify by rule, consistent with applicable federal and state law, those entities that may serve as qualified entities. In addition, the director of the department of public safety may promulgate all reasonable and necessary rules to implement this subsection (2).

(II)

For purposes of this subsection (2):

(A)

The department of human services, created in section 24-1-120, may serve as an authorized agency for those qualified entities that are regulated by the said department. The state board of human services shall identify by rule, consistent with applicable federal and state law, those entities that may serve as qualified entities. In addition, the state board of human services may promulgate all reasonable and necessary rules to implement this subsection (2).

(B)

The department of public health and environment, created in section 24-1-119, may serve as an authorized agency for those qualified entities that are regulated by said department. The state board of health shall identify by rule, consistent with applicable federal and state law, those entities that may serve as qualified entities. In addition, the state board of health may promulgate all reasonable and necessary rules to implement this subsection (2).

(C)

The department of education, created in section 24-1-115, may serve as an authorized agency for those qualified entities that are regulated by said department. The state board of education shall identify by rule, consistent with applicable federal and state law, those entities that may serve as qualified entities. In addition, the state board of education may promulgate all reasonable and necessary rules to implement this subsection (2).

(d)

Any authorized agency reporting, receiving, or disseminating criminal history record information pursuant to this subsection (2) shall request such information only through the bureau. The bureau, in responding to such request, shall access records that are maintained by or within this state and any other state or territory of the United States, any other nation, or any agency or subdivision of the United States including, but not limited to, the federal bureau of investigation in the United States department of justice.

Source: Section 24-72-305.3 — Private access to criminal history records of volunteers and employees of charitable organizations, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑72‑101
Records destroyed - certified copies rerecorded 24‑72‑102
District court to restore destroyed records 24‑72‑103
Costs and expenses of proceeding 24‑72‑104
Purchase abstracts 24‑72‑105
Abstract books part of records - evidence 24‑72‑106
Abstract books - use - presumptions 24‑72‑107
Abstract books, when notice 24‑72‑108
Jurisdiction of courts to make inquiry 24‑72‑109
Special commissioners - fees 24‑72‑110
Evidence admissible, when - charges 24‑72‑111
Originals destroyed, prior abstracts as evidence 24‑72‑112
Public records free to servicemen 24‑72‑113
Limit on retention of passive surveillance records - definition 24‑72‑200.1
Short title 24‑72‑201
Legislative declaration 24‑72‑202
Definitions 24‑72‑203
Public records open to inspection 24‑72‑204
Allowance or denial of inspection - grounds - procedure - appeal - definitions - repeal 24‑72‑204.5
Adoption of electronic mail policy 24‑72‑205
Copy, printout, or photograph of a public record - imposition of research and retrieval fee 24‑72‑205.5
Public inspection of ballots - stay period - recounts - rules governing public inspection of ballots - legislative declaration - definitions 24‑72‑301
Legislative declaration 24‑72‑302
Definitions 24‑72‑303
Records of official actions required - open to inspection - applicability 24‑72‑304
Inspection of criminal justice records 24‑72‑305
Allowance or denial of inspection - grounds - procedure - appeal 24‑72‑305.3
Private access to criminal history records of volunteers and employees of charitable organizations 24‑72‑305.4
Governmental access to criminal history records of applicants in regulated professions or occupations 24‑72‑305.5
Access to records - denial by custodian - use of records to obtain information for solicitation - definitions 24‑72‑305.6
County clerk and recorder access to criminal history records of election judges and employees - rules 24‑72‑306
Copies, printouts, or photographs of criminal justice records - fees authorized 24‑72‑307
Challenge to accuracy and completeness - appeals 24‑72‑309
Violation - penalty 24‑72‑501
Definitions 24‑72‑502
Creation of a privacy policy for governmental entities 24‑72‑601
Definitions 24‑72‑602
Access to personal medical information prohibited - exceptions 24‑72‑701
Definitions 24‑72‑702
Expungement of arrest records in case of mistaken identity - definitions 24‑72‑703
Sealing of records - general provisions - order applicability - discovery and advisements 24‑72‑704
Sealing of arrest records when no charges filed - automatic sealing 24‑72‑705
Sealing criminal justice records other than convictions - simplified process - applicability 24‑72‑706
Sealing of criminal conviction and criminal justice records - processing fee 24‑72‑707
Sealing of criminal conviction records information for offenses committed by victims of human trafficking 24‑72‑708
Sealing of criminal conviction records information for municipal offenses for convictions 24‑72‑709
Sealing of criminal conviction records information for multiple conviction records 24‑72‑710
Sealing of criminal conviction records information for offenses that receive a full and unconditional pardon
Green check means up to date. Up to date

Current through Fall 2024

§ 24-72-305.3’s source at colorado​.gov