Lakewood Police Department
Policy and Procedure
Records Release 		Effective Date: 10/15/2010
Policy Number: PP-7220
  1. Policy

    Records shall be maintained by the Department as an investigative and administrative aid to provide statistical data and as a public service.   Within the guidelines established by the Colorado Open Records Act, most  adult records are releasable to the public in compliance with the Colorado State Statues Except for traffic violations, the release of information pertaining to juveniles is confidential and release of information will be dictated by the limitations outlined in the "Children's Code."  The general rule is that juvenile information is  confidential and prohibited from release to the general public.  The Department shall provide, for a fee, to cover the cost of search, retrieval and duplication, crime and traffic reports,  photographs, and audio records pertaining to events. 
  2. Procedure
    1. Members of the public who desire to purchase a duplication of a record shall complete a records request form and sign an affidavit that the noted records will not be used for direct solicitation of business for pecuniary gains, according to C.R.S. section 24-72-305.5.  Exceptions to the above affidavit may be made when the release of said record is made to victims of crime, parents of juvenile victims, or insurance companies acting on victim claims.  Original documents shall not be released. 
    2. In general, the public may have immediate access to the following documents:
      1. Accident reports
      2. Traffic summonses
      3. Vehicle impound reports
    3. Requests by the public, for release of reports involving crimes against persons and property crimes shall be reviewed for limitations prior to approval for release.   All person's crimes shall be forwarded to the Investigation Division for approval.  All property crimes shall be reviewed for release approval by a member of the Records Section supervisory staff. 
    4. The completed original Records Request , form shall be forwarded to the supervisor of the appropriate Section along with a photocopy of the requested documents. 
      1. The involved Division shall be responsible for approving or disapproving the request, in whole or in part and forwarding the request form with those documents approved for release attached, to the Records Section.
      2. The Division or person to whom the Records Request form is referred shall be responsible for notifying the applicant regarding denials, extensions, or clarifications prior to forwarding the completed request form to the Records Section. 
    5. Records that are prohibited from release include those involving neglect, abuse, or a juvenile victim; these records shall not be inspected by or disclosed to the public unless permitted by the Colorado Children's Code. The identification of sexual assault victims, and at- risk persons, regardless of age, shall be confidential and protected from release.  Records of mental health holds in which the subject may have been taken into protective custody shall be considered privileged or confidential. 

      Other records that are restricted from release to the general public,  are those records that have been sealed, expunged, or are subject to limited access by court order. 
    6. The Records Section shall be responsible for accepting requests, collecting the appropriate fees, and supplying the approved records to the applicant.  Requests from the public shall be processed and mailed within 5 business days from the date of the initial request.  If pickup is requested, applicants shall be advised when they can receive the approved records. 
    7. Members of other criminal justice agencies shall use the Record Request form when requesting a duplicate record.  Upon identification, records will be released immediately. 
    8. Confidential medical information contained in police reports shall be redacted prior to releasing such reports to the public except, when the suspect's medical condition combined with his conduct has resulted in his prosecution for a criminal offense such as prostitution with knowledge of being infected with AIDS or patronizing a prostitute who has knowledge of being infected with AIDS. 
  3. Rule
    1. Information obtained from the Records Section shall be for official use only and shall not be used for personal information references. 
    2. The original Records Request form shall be imaged and attached to the computer report, or  filed with the original report.  The release and dissemination of any criminal report maintained in the I/LEADS Computer System will be documented by use of the Dissemination Log.  This computer log should include the name of requestor, affiliation of requestor, report number or title; and person printing /disseminating the report, and fee if applicable. 
    3. Once a police record is ordered expunged or sealed, access to it will be based on the legal parameters of the court order.    When the Records Section is asked for such a record, Records personnel shall inform the applicant that no such record exists.  Basic identification information concerning the suspect whose records have been expunged or sealed shall be retained.