DENVER SHERIFF DEPARTMENT
Office of the Sheriff
 Department Order
1.00.11001
 Previous Revision:
March 2018		  Current Revision:
March 2023		  Reviewed:
October 2021		  Effective Date:
March 22nd, 2023
Related Standards:
ACA 4ALDF: 4D-13; 4D-14; 4D-28; 7D-19; 7D-20; 7D-21
CALEA: 82.1.1
Colorado Revised Statutes (C.R.S.): §§24-72-304
DSD Discipline Handbook
Related (referenced) Department Orders:
1.00.1009; 1.00.4007; 1.00.9003; 1.00.11003
 Subject:
INMATE RECORDS
  1. Purpose: 
    1. The purpose of this order is to establish a policy relating to the use, maintenance, and control of inmate records. It is also to establish policy relating to storage, retrieval, dissemination, security, and destruction of such records, and, to ensure that an inmate population accounting system is established.
  2. Policy: 
    1. It is the policy of the Denver Sheriff Department (DSD or “Department”) to ensure that complete custodial records are initiated and maintained on all inmates, and that these records be carefully controlled, stored, and disposed of as stated in accreditation standards and as provided by federal and state laws and the retention schedule for the City and County of Denver. <CALEA: 82.1.1><C.R.S.: §§24-72-304>
  3. Cancellation: This order supersedes and cancels previous versions of Department Order 1.00.11001. 
  4. Definitions:
    1. "Inmate Records" subject to this order, are defined as any record made in the regular course of the Department's operation. For the purpose of this order, the regular course of the Department’s operation relates to pretrial detainees and inmates and records categorized as routine or special depending on the circumstances of preparation. These records include, but are not limited to, the following: <ACA 4ALDF: 7D-20>
    2. "Population Accounting" (Routine) is accounts for the intake (book-in), processing, and release of all prisoners. These records are maintained by both the Classification Unit of the Denver County Jail (COJL) and the Downtown Detention Center (DDC).
    3. "Booking Record" (Routine) is the original record initiated when the inmate is received into custody and any changes that occur to the original information during the inmates’ custody. 
    4. "Court Sheet" (Routine) is a daily record of inmate movements associated with leaving the jail. This record is routed to the Sheriff and other administrative personnel on a daily basis.
    5. "Inmate Legal File" (Routine) is a secured file that contains all legal documents and data pertaining to the individual inmate, including authority for detention, case status, additional detainers, date, and action of court appearances.
    6. "Visitation Records" (Routine) contains the names and addresses of individuals visiting the inmates, and the dates and times of the visits. Individuals visiting an inmate may include family, friends, attorneys, law enforcement personnel, professional visitors, religious officials, etc.
    7. "Telephone Records" (Routine) shall be kept of an inmate’s access to telephones at book-in as well as and legal calls and other such special category calls made during the inmate’s time in custody. 
    8. "Housing Assignment Records" (Routine) shall be made daily and will show the exact location of any inmate within the institution on any given day.
    9. "Activity Logs" (Routine) shall be maintained in all special management areas, and any other areas as designated by the Sheriff or the Division Chief of the facility.
    10. "Incident Report" (Special) shall be made relating to every unusual incident.
    11. "Classification Records" (Routine) are records that include housing and classification assignments, justifications for changes in classification, medical and mental health information relevant to classification, and information on work or study release, if applicable.  
      1. Classification records shall be initiated and maintained by each facility.
      2. Each facility shall establish procedures for safeguarding these records and making them available to authorized individuals as needed for classification and other decision making issues.
      3. These records may also contain reports of disciplinary actions, and other pertinent information.
      4. Classification records of information may be kept separate.
    12. "Transfer Sheets" (Routine) shall be kept as a record of all inmate housing moves.
    13. "Medical and Health Care Records" (Special) are confidential and shall be maintained by the medical personnel pursuant to the contract with Denver Health & Hospital Authority (DHHA). <ACA 4ALDF: 4D-13>
      1. Medical and health care records shall be kept in a secured area of the infirmary and are not available for general inspection, but are accessible to qualified medical personnel and as authorized by the Sheriff.
    14. "Property Record" (Routine) are itemized inventory records of all personal property for newly admitted inmates is kept at each facility.
      1. The inmate shall receive a receipt of all recorded personal property held until his/her release.
      2. All inmates’ property shall be stored in a secure area, including money and valuables.
    15. "Disciplinary Records and Reports" (Routine) are maintained in a designated area, and include all records resulting from disciplinary procedures provided in Department Order 1.00.1009 – Inmate Discipline.
    16. "Other" refers to any other record made as a result of detention practice, policy or procedure.
  5. Guidelines:
    1. The DSD maintains custodial records on all inmates committed or assigned to the facility, which includes but is not limited to, the following: <ACA 4ALDF: 7D-19; 7D-20>
      1. Intake/booking information 
      2. Court-generated background information
      3. Cash and property receipts
      4. Reports of disciplinary actions, grievances, incidents, or crime(s) committed while in custody
      5. Dispositions of court hearings
      6. Records of program participation
      7. Work assignments
      8. Classification records
    2. Inmate population management system: 
      1. An inmate population management system includes records regarding the admission, processing, and release of inmates. 
    3. Inmate record requests: 
      1. Any inmate record requests received by the Department from outside agencies shall be authorized, approved and/or provided by one of the following:
      2. Any DSD staff receiving a records request shall forward the request up the chain of command.
      3. General information may be released pursuant to appropriate state and federal laws. 
      4. Information requested by other governmental agencies will be released as provided by law. 
      5. Information shall not be used for personal use or gain nor shall information be released to the public or media as stated in rules and regulations 200.5, 200.6, and 200.7 in the DSD Discipline Handbook. Also refer to Department Order 1.00.9003 – Public Information and Community Relations.
      6. Any inmate record which becomes a subject of civil litigation shall be forwarded to the Denver Sheriff Department Civil Liabilities Unit. 
      7. A copy of the report or a note indicating the record's location shall be put in place of any record that is forwarded.
    4. Access to Inmate Records:
      1. Direct access to the facility's inmate classification or case (excluding medical) records is permitted by sworn DSD personnel in accordance with Department policies and procedures. 
      2. All other officials or personnel will need authorization from the Sheriff, the Division Chief, or designee. Please also refer to Department Order 1.00.4007 – Medical and Mental Health Assessment, Intervention, and Services.
      3. Medical records are confidential and will not be available to DSD staff except as noted below in section 4, and as authorized by the Sheriff and pursuant to applicable privacy law. <ACA 4ALDF: 4D-13>
      4. Medical records will be available to AIU, the Sheriff, and the Division Chief(s), as prescribed by privacy rules and/or other applicable laws. 
      5. Only that information necessary to preserve the health and safety of an inmate, staff, visitors, and volunteers will be provided. <ACA 4ALDF: 4D-14>
      6. The active medical record will be maintained separately from classification or case records. 
      7. Inmates shall have access to their own records and files in accordance with the statutes and procedures for reviewing these materials. including the execution of a medical release form or other form required by Denver Health.
      8. Inmates may request to inspect their own records. Inmates may not inspect records of actions by staff members.
      9. No inmate shall be allowed access to another inmate's records or official entries relating to other inmates. 
      10. Inmates working in areas where records are kept or maintained must be supervised so no opportunity to read or alter records exists. 
    5. Record custodians:
      1. Each division or contracted service provider will assign one or more record custodians for all inmate records associated with their area of responsibility (i.e.: Operations, Receiving, Work Release, Center Control, Medical contractor, Property Bureau, Administrative Investigations Unit, Civil Liabilities Unit, Inmate Phone contractor, etc.).
      2. Record custodians. in consultation with the DSD Agency Records coordinator, will oversee the storage and destruction of inmate records and ensure that confidentiality is maintained throughout the process of record keeping.
    6. Confidential nature of records: <CALEA: 82.1.1> <ACA 4ALDF: 7D-21>
      1. Inmate records are considered confidential. All inspections and release of information must comply with federal, state and local laws, including appropriate redactions or other withholding of information, when appropriate.
      2. Prior to the release of inmate information, inmates shall sign a release-of-information consent form that complies with federal, state, and local laws.
      3. A copy of this form will be maintained in the inmate’s case record.
    7. Special category records: 
      1. Special category records (i.e. medical and case records) shall be kept separate from general custody and status records. Please also refer to section 5.D for further information regarding active medical records.
    8. Transfer of Records: 
      1. Updated case files and medical records for any inmate transferred from one facility to another shall be transferred simultaneously, or at the latest, within 24 hours after the transfer is complete. 
      2. Any medical records transferred to an outside medical facility without the transfer of the inmate requires the inmate's written authorization. <ACA 4ALDF: 4D-28>
    9. Destruction and Retention of Records:
      1. Destruction and retention of all inmate records shall comply with Department Order 1.00.11003 – Records Retention and Destruction, Executive Order 143, and the City of Denver’s Current General Retention Schedule and policy.
      2. All expunged records shall be maintained by the Administrative Investigations Unit.
  6. Responsibility: 
    1. Training: The Training Academy will ensure that the curriculum of all currently existing classes and any newly developed classes are compliant with this order, as applicable.
    2. Management: The division chief/unit commander or unit manager of any division or unit affected by this policy will:
      1. ensure that existing procedures and all newly developed orders are in compliance with this order;
      2. ensure that all affected personnel are made aware of this policy; and
      3. ensure this policy is reviewed annually for compliance with all federal, state and local laws and standards.
    3. Supervisors: All supervisors will ensure that the provisions of this policy are being followed.
    4. Staff: All employees will comply with the provisions of this policy.
  7. Effective Date: This order will become effective on March 22nd, 2023. 
  8. Approval: This document has been reviewed, approved, and electronically signed by the Sheriff of the City and County of Denver prior to its publication.