Colorado § 24-72-302 - Definitions.

§ 24-72-302. Definitions.

As used in this part 3, unless the context otherwise requires:

(1) "Arrest and criminal records information" means information reporting the arrest, indictment, or other formal filing of criminal charges against a person; the identity of the criminal justice agency taking such official action relative to an accused person; the date and place that such official action was taken relative to an accused person; the name, birth date, last-known address, and sex of an accused person; the nature of the charges brought or the offenses alleged against an accused person; and one or more dispositions relating to the charges brought against an accused person.

(2) "Basic identification information" means the name, place and date of birth, last-known address, social security number, occupation and address of employment, physical description, photograph, handwritten signature, sex, fingerprints, and any known aliases of any person.

(3) "Criminal justice agency" means any court with criminal jurisdiction and any agency of the state, including but not limited to the department of education, or any agency of any county, city and county, home rule city and county, home rule city or county, city, town, territorial charter city, governing boards of institutions of higher education, school district, special district, judicial district, or law enforcement authority that performs any activity directly relating to the detection or investigation of crime; the apprehension, pretrial release, posttrial release, prosecution, correctional supervision, rehabilitation, evaluation, or treatment of accused persons or criminal offenders; or criminal identification activities or the collection, storage, or dissemination of arrest and criminal records information.

(4) "Criminal justice records" means all books, papers, cards, photographs, tapes, recordings, or other documentary materials, regardless of form or characteristics, that are made, maintained, or kept by any criminal justice agency in the state for use in the exercise of functions required or authorized by law or administrative rule, including, but not limited to, the results of chemical biological substance testing to determine genetic markers conducted pursuant to sections 16-11-102.4 and 16-23-104, or risk assessment outputs.

(5) "Custodian" means the official custodian or any authorized person having personal custody and control of the criminal justice records in question.

(6) "Disposition" means a decision not to file criminal charges after arrest; the conclusion of criminal proceedings, including conviction, acquittal, or acquittal by reason of insanity; the dismissal, abandonment, or indefinite postponement of criminal proceedings; formal diversion from prosecution; sentencing, correctional supervision, and release from correctional supervision, including terms and conditions thereof; outcome of appellate review of criminal proceedings; or executive clemency.

(7) "Official action" means an arrest; indictment; charging by information; disposition; pretrial or posttrial release from custody; judicial determination of mental or physical condition; decision to grant, order, or terminate probation, parole, or participation in correctional or rehabilitative programs; and any decision to formally discipline, reclassify, or relocate any person under criminal sentence.

(8) "Official custodian" means any officer or employee of the state or any agency, institution, or political subdivision thereof who is responsible for the maintenance, care, and keeping of criminal justice records, regardless of whether such records are in his actual personal custody and control.

(9) "Person" means any natural person, corporation, limited liability company, partnership, firm, or association.

(10) "Person in interest" means the person who is the primary subject of a criminal justice record or any representative designated by said person by power of attorney or notarized authorization; except that, if the subject of the record is under legal disability, "person in interest" means and includes his parents or duly appointed legal representative.

(11) "Private custodian" means a private entity that has custody of the criminal justice records in question and is in the business of providing the information to others.

(12) "Risk assessment outputs" means the total score and resulting parole supervision level determined by the utilization of a validated instrument that assesses a parolee's criminogenic needs and risk of recidivism and is used to guide parole supervision planning, identify appropriate interventions, and establish parole supervision levels.

Source: L. 77: Entire part added, p. 1244, § 1, effective December 31. L. 81: (3) amended, p. 1238, § 1, effective June 4. L. 88: (2) amended, p. 979, § 2, effective April 20. L. 89: (2) amended, p. 845, § 114, effective July 1. L. 90: (9) amended, p. 449, § 22, effective April 18. L. 98: (2) amended, p. 947, § 6, effective May 27. L. 99: (4) amended, p. 1170, § 5, effective July 1. L. 2000: (4) amended, p. 1266, § 5, effective May 26; (4) amended, p. 1027, § 7, effective July 1. L. 2002: (4) amended, p. 1023, § 43, effective June 1; (4) amended, p. 1155, § 15, effective July 1. L. 2006: (4) amended, p. 1692, § 15, effective July 1, 2007. L. 2007: (4) amended, p. 2040, § 60, effective June 1. L. 2008: (3) amended, p. 1668, § 13, effective May 29. L. 2009: (4) amended, (SB 09-241), ch. 295, p. 1577, § 2, effective September 30, 2010. L. 2010: (4) amended, (HB 10-1422), ch. 419, p. 2087, § 76, effective August 11. L. 2011: (11) added, (HB 11-1203), ch. 72, p. 199, § 1, effective August 10. L. 2026: (4) amended and (12) added, (HB 26-1315), ch. 272, p. 1537, § 2, effective August 12.

Editor's note: (1) Amendments to subsection (4) by House Bill 00-1166 and Senate Bill 00-121 were harmonized.

(2) Amendments to subsection (4) by Senate Bill 02-159 and Senate Bill 02-019 were harmonized.

ANNOTATION

The question of whether a governmental entity constitutes a "criminal justice agency" under subsection (3) will necessarily turn on the specific functions the entity is required or authorized to perform by law. Gazette v. Bourgerie, 2024 CO 78, 560 P.3d 964.

Subsection (3) merely requires the agency to perform "any" activity directly related to the detection or investigation of crime; it does not require that activity to be the agency's primary function. Gazette v. Bourgerie, 2024 CO 78, 560 P.3d 964.

A criminal justice agency as defined by subsection (3) may perform any, and need not be responsible for all, of the activities enumerated in subsection (3) in order to qualify as such an agency. Gazette v. Bourgerie, 2023 COA 37, 533 P.3d 597, aff'd on other grounds, 2024 CO 78, 560 P.3d 964.

The peace officer standards and training (P.O.S.T.) board is a "criminal justice agency" as defined by subsection (3) because its duties include, in part, collection of arrest and criminal records information when it revokes peace officer certification. Gazette v. Bourgerie, 2023 COA 37, 533 P.3d 597, aff'd on other grounds, 2024 CO 78, 560 P.3d 964.

Sheriff's department is a ''criminal justice agency''. Harris v. Denver Post Corp., 123 P.3d 1166 (Colo. 2005).

P.O.S.T. board records constitute "criminal justice records" as defined in subsection (4). Gazette v. Bourgerie, 2023 COA 37, 533 P.3d 597, aff'd on other grounds, 2024 CO 78, 560 P.3d 964.

Investigative records were properly classified as "criminal justice records" under this section, because they were made and maintained in the exercise of an authorized function of the DOC governed by administrative regulations. Johnson v. Colo. Dept. of Corr., 972 P.2d 692 (Colo. App. 1998).

Police reports in the possession of a county department of social services are "criminal justice records", regardless of whether the department itself is a "criminal justice agency". Moreover, the department became a "custodian" of such records by keeping copies of the police reports in its files. In re Petition of T.L.M., 39 P.3d 1239 (Colo. App. 2001).

Applied in Berman v. People, 41 Colo. App. 488, 589 P.2d 508 (1978).