2020 Colorado Revised Statutes
Title 24 - Government - State
Article 31. Department of Law
Section 24-31-607. In camera review - confidentiality of materials - criminal penalty.

(1) (a) The safe2tell program and persons implementing and operating the program shall not be compelled to produce any materials except on the motion of a criminal defendant to the court in which the offense is being tried, supported by an affidavit establishing that the materials contain impeachment evidence or evidence that is exculpatory to the defendant in the trial of that offense.

  1. If the defendant's motion is granted, the court shall conduct an ex parte in camerareview of materials produced under the defendant's subpoena.

  2. If the court determines that the produced materials contain impeachment evidence orevidence that is exculpatory to the defendant, the court shall order the materials to be produced to the defendant pursuant to a protective order that includes, at a minimum, the redaction of the reporting party's identity and limitations on the use of the materials, as needed, unless contrary to state or federal law. Any materials excised pursuant to a judicial order following the in camera review shall be sealed and preserved in the records of the court, to be made available to the appellate court in the event of an appeal. After the time for appeal has expired, the court shall return the materials to the program.

(2) (a) Materials created or obtained through the implementation or operation of the program are confidential, and a person shall not disclose the material. The program and persons implementing or operating the program may be compelled to produce the materials only before a court or other tribunal and only pursuant to court order for an in camera review. Any such review shall be limited to an inspection of materials that are material to the specific case pending before the court. The attorney general acting on behalf of the safe2tell program shall have standing in any action to oppose the disclosure of materials in the custody of the safe2tell program.

(b) A person who knowingly discloses materials in violation of the provisions of this subsection (2) commits a class 1 misdemeanor.

Source: L. 2014: Entire part added, (SB 14-002), ch. 241, p. 891, § 2, effective August 6.

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