(1) In any case in which a grand jury does not return an indictment, the grand jury may prepare or ask to be prepared a report of its findings if the grand jury determines that preparation and release of a report would be in the public interest, as described in subsection (5) of this section. The determination to prepare and release a report pursuant to this section must be made by an affirmative vote of at least the number of jurors that would have been required to return an indictment. The report shall be accompanied by certification that the grand jury has determined that release of the report is in the public interest, as described in subsection (5) of this section.
The provisions of this section shall not apply in any instance in which the prosecuting attorney chooses to file charges against the person or business that was the subject of the grand jury investigation.
Within fourteen days after receiving a report of the grand jury prepared pursuant tosubsection (1) of this section, the prosecuting attorney shall notify in writing all persons and businesses named in the grand jury report to give such persons and businesses an opportunity to review the grand jury report and prepare a response to be submitted to the court with the grand jury report. Such notice shall be by personal service or by certified mail return receipt requested. Any responses shall be submitted to the prosecuting attorney within fourteen days after notification.
Upon completion of the time for submitting responses, the prosecuting attorney shallsubmit the grand jury report to the court, together with the certification of public interest and any responses that may have been submitted. The court shall examine the report and make an order accepting and filing the report, including the certification and any responses that the respondent, by written notice to the prosecuting attorney and the court, has agreed to release, as a public record only if the court is satisfied that:
The grand jury and the prosecuting attorney were acting within the statutory jurisdiction of such persons in convening the grand jury; and
The grand jury foreman and the prosecuting attorney have verified on the record that:
The certification of public interest by the grand jury complies with the provisions ofsubsection (5) of this section; and
The report is based on facts revealed in the course of the grand jury investigation andis supported by a preponderance of the evidence; and
The report does not contain material the sole effect of which is to ridicule or abuse aperson or business or to subject such person or business to public disgrace or embarrassment; and
The report does not contain material that is personal in nature that does not relate toany lawful inquiry; and
No confidentiality agreement will be violated and the identity of no confidentialinformant will be disclosed in making such grand jury report public; and
The filing of such report as a public record does not prejudice the fair considerationof a criminal matter.
(5) Release of a grand jury report pursuant to this section may be deemed to be in the public interest only if the report addresses one or more of the following:
Allegations of the misuse or misapplication of public funds;
Allegations of abuse of authority by a public servant, as defined in section 18-1-901 (3)(o), C.R.S., or a peace officer, as described in section 16-2.5-101;
Allegations of misfeasance or malfeasance with regard to a governmental function,as defined in section 18-1-901 (3)(j), C.R.S.;
Allegations of commission of a class 1, class 2, or class 3 felony.
Source: L. 97: Entire section added, p. 313, § 1, effective October 1. L. 2003: (5)(b) amended, p. 1614, § 8, effective August 6. L. 2012: (3) amended, (SB 12-175), ch. 208, p. 849, § 72, effective July 1.