Record Request FAQs

What are the Colorado laws that govern Public Records?

Colorado Open Records Act (CORA): C.R.S. § 24-72-201 to -206

Colorado Criminal Justice Records Act (CCJRA): C.R.S. § 24-72-301 to -309

What is the difference between CORA and CCJRA?

The Jefferson County Sheriff’s Office is a criminal justice agency governed by the CCJRA. The CCJRA requires criminal justice agencies to maintain records of “official actions” directly relating to the course of their public safety duties. See C.R.S. § 24-72-301(2).

The Colorado Open Records Act (CORA) requires that records created and kept by a public-financed entity be open to public inspection, with limited exceptions. See C.R.S. § 24-72-201.

What is the Harris balancing test?

In 2005, the Colorado Supreme Court addressed release of records under the CCJRA in Harris v. Denver Post Corp., 123 P.3d 1166, 1175 (Colo. 2005). Harris involved certain records related to the 1999 Columbine High School shooting. In that case, the Court adopted a balancing test under which the official custodian must conduct a request-specific balancing test, taking into account and balancing the pertinent factors, which include:

· Privacy interests of individuals who may be impacted by a decision to allow inspection;

· The agency’s interest in keeping confidential information confidential;

· The agency’s interest in pursuing ongoing investigations without compromising them (to include any case open in the judicial system);

· The public purpose to be served in allowing inspection; and

· Any other pertinent considerations relevant to the circumstances of a particular request.

A decision to allow or disallow inspection of a particular record is subject to judicial review under an abuse of discretion standard.

What is the pecuniary gain acknowledgment?

Prior to receiving any records, the requesting party must affirm that they will not use the records for the direct solicitation of business or financial gain under Colorado. See C.R.S. § 24-72-305.5(1)

What are the mandatory records release categories?

· Official Actions. The 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. See C.R.S. § 24-72-303(2).

· Internal investigations involving on-duty or in-uniform interactions with the public. Upon completion of an internal investigation, including any appeals process, that examines the in-uniform or on-duty conduct of a peace officer, as described in part 1 of article 2.5 of title 16, related to an incident of alleged misconduct

involving a member of the public, the entire investigation file, including the witness interviews, video and audio recordings, transcripts, documentary evidence, investigative notes, and final departmental decision is open for public inspection upon

request; except that the custodian may first provide the requester with a summary of the investigation file and if, after reviewing the summary, the requester requests access to the investigation file, the custodian shall provide access to the entire

investigation file subject to the provisions of subsections (4)(b), (4)(c), and (4)(d) of this section. See C.R.S. § 24-72-303(4)(a)

· Body-Worn Camera Recordings Associated with Allegations of Misconduct. For all incidents in which there is a complaint of peace officer misconduct by another peace officer, a civilian, or nonprofit organization, through notice to the law enforcement agency involved in the alleged misconduct, the local law enforcement agency shall release, upon request, all unedited video and audio recordings of the incident, including those from body-worn cameras, dash cameras, or otherwise collected through investigation, to the public within twenty-one days after the local law enforcement agency received the request for release of the video or audio recordings. See C.R.S. § 24-31-902(2)(a).

All video and audio recordings depicting a death must be provided upon request to the victim's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative, and such person shall be notified of his or her right, pursuant to section 24-4.1 302.5(1)(j.8), to receive and review the recording at least seventy-two hours prior to public disclosure. A person seventeen years of age and under is considered incapacitated, unless legally emancipated. See C.R.S. § 24-31-902(2)(b)(I).

How can I get a certified copy of a Sheriff record?

Record certification is by request. Notify the processing technician that you request certification that the documents are true and correct copies of the originals contained at the Jefferson County Sheriff’s Office.

Why was information redacted on my request?

The records custodian may deny access to a record or parts of a record if there are substantial privacy concerns for defendants, victims, witnesses, juveniles, or informants. The decision to redact is request-specific, depending on the status of the case (open, closed, or sealed) and possible requestor relationship to the involved parties. Subjects in the at-risk category (juveniles, elderly, mental health crisis, medical emergency, etc.) are prioritized during the request process. Information regarding Sheriff’s Office intelligence information and physical security will generally be redacted as well. See C.R.S. § 24-72-305.

What happens if my request includes voluminous documents?

Criminal justice agencies may assess reasonable fees not to exceed actual costs to process records requests. These fees represent personnel time, equipment and materials for the search, retrieval, redaction, and delivery of records. The official custodian may estimate the cost and require that a deposit is made before processing the request. The Sheriff’s Office fee schedule is provided here:

https://www.jeffco.us/442/Criminal-Justice-Records.

The records custodian can make rules and regulations for “the protection of such records and prevention of unnecessary interference with the regular discharge of the duties of his/her office.” For quicker response times, it is recommended that a request be as specific as possible with date parameters, personal identifiers, or specific incident information. The records technician can assist, detailing the request and estimating completion time. See C.R.S. § 24-72-303.

What happens if my request is denied?

The Sheriff’s Office makes every effort to provide records at the time of request. If the Sheriff’s Office denies the request, it will provide a written statement regarding the reason for denial within seventy-two (72) hours of the denial. Requests denied because the requested records are part of an open investigation or prosecution can be resubmitted once the case is closed. The requestor may also apply with the district court for a hearing, directing the custodian to show good cause for the denial. See C.R.S. § 24-72-305(6), (7).

Is there a fee for my request?

Yes. Colorado law allows criminal justice agencies to assess reasonable fees not to exceed actual costs to process records requests. See C.R.S. § 24-72-306(1). These fees represent personnel time, equipment and materials for the search, retrieval, redaction, and delivery of records. The official custodian may estimate the cost and require that a deposit is made before processing the request. The Sheriff’s Office fee schedule is provided here: https://www.jeffco.us/442/Criminal-Justice-Records

Does the Sheriff have access and control over other county agency records?

No. The Jefferson County Sheriff Office only has access and control over records that are created or received in the course of its duties. Please contact other agencies, including local police departments, for copies of their incident reports, BWC recordings, policy, etc.

How long does it take to process a request?

The Jefferson County Sheriff’s Office makes every effort to respond to requests in a timely fashion. Due to the complexity and sensitive nature of criminal justice records, the CCJRA does not have a strict timeframe for responses. Requests are processed in the order received. However, special circumstances will be considered in assessing the processing queue.

Are sealed/expunged records available for release?

No. Any part of a Sheriff’s Office record that has been sealed by court order will not be released, regardless of the requestor, without a court order to do so. See C.R.S. § 24-72-702.

As a listed victim, am I provided a copy of my report?

Upon request, victims of crimes covered by the Colorado Victim Rights Act (VRA) and have an incident filed with the district attorney are entitled to a free copy of the initial report, regardless of the status of the case. The initial report will contain the victim’s name, offender’s name, date of crime, charges, and summary of the incident. Information regarding other victims and witnesses will be redacted. In addition, the district attorney will be provided this same report for the discovery process.

Victims of crimes not covered by VRA will also receive consideration in the access of their open case(s) for insurance claims, protection orders, employer intercession, etc. Records custodian discretion will apply in information redactions pursuant to C.R.S. § 24-72-305 and the Harris Balancing Test. See C.R.S. § 24-4.1-301 to -305

What is the definition of a record?

Colorado law defines “criminal justice records” as “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, C.R.S.” C.R.S. § 24-72-302(4); see also C.R.S. § 24-72-202(6) (defining public records).