(1) If the department determines that an inmate is eligible for relocation to a penal institution in another state pursuant to the "Interstate Corrections Compact", part 16 of article 60 of title 24, then not later than twenty-four hours after such determination, the department shall notify the prosecuting attorney and any registered victim of one or more crimes for which the inmate is serving his or her sentence that:
Such a determination has been made; and
If the inmate is relocated, the department, pursuant to subsection (2) of this section,may be required to notify the prosecuting attorney and any registered victim of one or more crimes for which the inmate is serving his or her sentence of the name and location of the penal institution where the inmate is to be housed for any period of time.
If the department relocates an inmate for incarceration or contracts with another statefor the incarceration of an inmate in a penal institution in another state, then not later than fortyeight hours after such relocation, the department shall notify the prosecuting attorney and any registered victim of one or more crimes for which the inmate is serving his or her sentence of the name and location of the penal institution where the inmate is to be housed for any period of time.
Subsection (2) of this section does not apply if any of the following factors apply andthe prosecuting attorney confirms such fact in writing as described in subsection (4)(b) of this section:
The inmate is a witness and the executive director determines that disclosing thelocation of the inmate would pose a risk to the personal safety of the inmate, corrections staff, other inmates, or facilities;
The prosecuting attorney requests in writing that the department not disclose thelocation of the penal institution where the inmate is located;
The registered victim is currently incarcerated; or
The inmate has been employed by the department or as a law enforcement officerand the executive director determines that disclosing the location of the inmate poses a risk to the personal safety of the inmate, corrections staff, other inmates, or facilities.
(4) (a) If the department relocates an inmate and the executive director determines that any factor described in subsection (3) of this section applies, then not later than forty-eight hours after such relocation, the department shall notify the prosecuting attorney:
That the inmate has been relocated; and
Which of the factors described in subsection (3) of this section the executive directorhas determined applies.
(b) If the prosecuting attorney agrees with the executive director's determination that a factor described in subsection (3) of this section applies, then:
The prosecuting attorney shall confirm the executive director's determination in writing;
The department shall retain such written confirmation; and
The department shall notify any registered victim of one or more crimes for whichthe inmate is serving his or her sentence that the inmate has been relocated and the department is unable to disclose the inmate's location because one of the factors described in subsection (3) of this section applies.
(c) (I) If the prosecuting attorney disagrees with the executive director's determination that a factor applies, then the executive director has thirty days to review the notice of disagreement. If, after such review, the executive director still determines that a factor applies and the inmate's location should not be disclosed, the department shall notify the prosecutor of such fact and notify any registered victims that the prosecutor disagrees with the executive director's determination.
Either the prosecutor or any registered victim of the inmate may bring an action inthe district court from which the inmate's sentence was issued for the court to determine whether a substantial basis existed and still exists to support the executive director's determination. If the district court finds that no substantial basis exists, the executive director shall disclose the inmate's location to any registered victims, as described in subsection (2) of this section. Any hearing conducted for the purpose of this subsection (4)(c)(II) must be held in camera.
In an action brought pursuant to this subsection (4)(c), the parties are entitled to fulldiscovery under the Colorado rules of civil procedure that are applicable to actions for declaratory judgment; except that the executive director is not required to disclose the location of the inmate pending the resolution of the civil action and any appeals. Any appeal of a judgment from an action brought under this subsection (4)(c) must be made pursuant to the rules of appellate procedure.
(5) As used in this section, unless the context otherwise requires:
"Law enforcement officer" means a peace officer described in article 2.5 of title 16.
"Prosecuting attorney" means the office of the district attorney or other prosecutorwho prosecuted an offender who was subsequently convicted and incarcerated.
"Registered victim" means a victim who has registered with the victims services unitwithin the department.
"Victim" has the same meaning as set forth in section 24-4.1-302 (5).
"Witness" has the same meaning as set forth in section 24-4.1-302 (7).
Source: L. 2018: Entire section added, (SB 18-014), ch. 151, p. 946, § 2, effective April 23.
Cross references: For the legislative declaration in SB 18-014, see section 1 of chapter 151, Session Laws of Colorado 2018.