Colorado § 24-4.1-107.5 - Confidentiality of materials - definitions.

§ 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: L. 2000: Entire section added, p. 242, § 7, effective March 29. L. 2015: Entire section amended, (HB 15-1035), ch. 60, p. 144, § 2, effective March 30.

ANNOTATION

Because an in camera review of confidential or privileged records is only required when disclosure is "necessary" to resolve a pending issue, court did not err in denying defendant's request for in camera review of victim's mental health record. Defendant must show that his or her request is not speculative and that an evidentiary hypothesis would disprove all or part of the prosecution's restitution request on the basis that the requested amounts were not proximately caused by defendant's conduct. People v. Rivera, 250 P.3d 1272 (Colo. App. 2010).