C.R.S. § 24-4.1-100.1 Short title
24-4.1-100.1. Short title. This part 1 shall be known and may be cited as the "Colorado Crime Victim Compensation Act".
Crime Victim Compensation and Victim and Witness Rights
C.R.S. tit. 24, art. 4.1
in effectC.R.S. § 24-4.1-101 Legislative declaration
24-4.1-101. Legislative declaration. The general assembly hereby finds that an effective criminal justice system requires the protection and assistance of victims of crime and members of the immediate families of such victims in order to preserve the individual dignity of victims and to encourage greater public cooperation in the apprehension and prosecution of criminal defendants. The general assembly hereby intends to provide protection and assistance to victims and members of the immediate families of such victims by declaring and implementing the rights of such persons and by lessening the financial burden placed upon victims due to the commission of crimes. This article shall be liberally construed to accomplish such purposes.
C.R.S. § 24-4.1-102 Definitions
24-4.1-102. Definitions. As used in this part 1, unless the context otherwise requires:
(1) "Applicant" means any victim of a compensable crime who applies to the fund for compensation under this part 1. In the case of such a victim's death, the term includes any person who was the victim's dependent at the time of the death of that victim.
(1.3) "Assault by strangulation" means assault as described in section 18-3-202 (1)(g) or 18-3-203 (1)(i).
(2) "Board" means the crime victim compensation board in each judicial district.
(3) "Child" means an unmarried person who is under eighteen years of age. The term includes a posthumous child, a stepchild, or an adopted child.
(4) (a) "Compensable crime" means:
(I) An intentional, knowing, reckless, or criminally negligent act of a person or any act in violation of section 42-4-1301 (1) or (2) that results in residential property damage to or injury or death of another person or results in loss of or damage to eyeglasses, dentures, hearing aids, or other prosthetic or medically necessary devices and which, if committed by a person of full legal capacity, is punishable as a crime in this state; or
(II) An act in violation of section 42-4-1402, C.R.S., that results in the death or bodily injury of another person or section 42-4-1601, C.R.S., where the accident results in the death or bodily injury of another person.
(b) "Compensable crime" includes, but is not limited to, any state offense that is a crime pursuant to section 24-4.1-302 (1) and any federal offense that is comparable to those specified in subsection (4)(a) of this section and is committed in this state.
(5) (a) "Dependent" means relatives of a deceased victim who, wholly or partially, were dependent upon the victim's income at the time of death or would have been so dependent but for the victim's incapacity due to the injury from which the death resulted.
(b) "Dependent" also means a child or intimate partner of the accused or other person in an intimate relationship, as defined in section 18-6-800.3, with the accused, if the accused provided household support to the dependent.
(6) "Economic loss" means economic detriment consisting only of allowable expense, net income, replacement services loss, and, if injury causes death, dependent's economic loss. The term does not include noneconomic detriment.
(7) "Fund" means the crime victim compensation fund as established in each judicial district.
(7.5) "Household support" means the monetary support that a dependent would have received from the accused for the purpose of maintaining a home or residence and dependent care.
(8) "Injury" means impairment of a person's physical or mental condition and includes pregnancy.
(8.5) (a) "Property damage" means damage to windows, doors, locks, or other security devices of a residential dwelling and includes damage to a leased residential dwelling.
ort that a dependent would have received from the accused for the purpose of maintaining a home or residence and dependent care.
(8) "Injury" means impairment of a person's physical or mental condition and includes pregnancy.
(8.5) (a) "Property damage" means damage to windows, doors, locks, or other security devices of a residential dwelling and includes damage to a leased residential dwelling.
(b) "Property damage" also includes expenses related to the rekeying of a motor vehicle or other locks necessary to ensure a victim's safety and may include expenses incurred for a motor vehicle that is determined by law enforcement to be where a compensable crime was committed.
(9) "Relative" means a victim's intimate partner, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, or spouse's parents. The term includes said relationships that are created as a result of adoption. In addition, "relative" includes any person who has a family-type relationship with a victim.
(9.5) "Replacement services loss" means expenses reasonably incurred in obtaining necessary services that an injured or deceased victim would otherwise have performed for the benefit of the victim's self or family, but not for income, if the victim had not been injured or died.
(10) (a) "Victim" means any of the following persons who suffer property damage, economic loss, injury, or death as a result of a compensable crime perpetrated or attempted in whole or in part in this state:
(I) Any person against whom a compensable crime is perpetrated or attempted. Such a person is a "primary victim".
(II) and (III) (Deleted by amendment, L. 2024.)
(b) "Victim" also means a person who suffers injury or death, the proximate cause of which is a compensable crime perpetrated or attempted in the person's presence against a primary victim. Such a person is a "secondary victim" and also includes:
(I) Any person who attempts to assist or assists a primary victim; or
(II) Any person who is a relative of a primary victim.
(c) "Victim" also means a person who is a resident of this state and who is a victim of a crime that occurred outside of this state, where the crime would be a compensable crime had it occurred in this state and where the state or country in which the crime occurred does not have a reasonably accessible crime victim compensation program for which the person would be eligible.
(d) "Victim" also means a person who is a resident of this state who is injured or killed by an act of international terrorism, as defined in 18 U.S.C. sec. 2331, committed outside of the United States.
C.R.S. § 24-4.1-103 Crime victim compensation board - creation
24-4.1-103. Crime victim compensation board - creation. (1) There is hereby created in each judicial district a crime victim compensation board. Each board is composed of three members to be appointed by the district attorney. The district attorney shall designate one of the members as chairperson. To the extent possible, members shall fairly reflect the population of the judicial district.
(2) The term of office of each member of the board shall be three years; except that, of those members first appointed, one shall be appointed for a three-year term, one for a two-year term, and one for a one-year term. All vacancies, except through the expiration of term, shall be filled for the unexpired term only. Each member may be reappointed once and serve two consecutive terms. A person may be reappointed to the board thereafter if it has been at least one year since such person served on the board.
(3) Members of the board shall receive no compensation but are entitled to be reimbursed for travel expenses at the rate authorized for state employees.
(4) (a) Effective November 1, 2024, a crime victim compensation board for the twenty-third judicial district is created. The district attorney for the eighteenth judicial district shall appoint the initial board of three members, each of whom must be residents of Douglas, Elbert, or Lincoln counties. The district attorney for the eighteenth judicial district shall designate one of the members as the initial chair. After January 7, 2025, the district attorney for the twenty-third judicial district shall appoint board members for that judicial district, including any vacancies. To the extent possible, members must fairly reflect the population of the twenty-third judicial district.
(b) For the initial board, the term of office of each member of the twenty-third judicial district board is fourteen months. Thereafter, the term is three years; except that, of those members first appointed by the twenty-third judicial district attorney, the district attorney shall appoint one for a three-year term, one for a two-year term, and one for a one-year term. All other terms and vacancies must be consistent with subsection (2) of this section.
(c) The crime victim compensation board for the twenty-third judicial district shall begin awarding compensation to victims of crimes on or after January 7, 2025.
C.R.S. § 24-4.1-104 District attorney to assist board - repeal
24-4.1-104. District attorney to assist board - repeal. (1) The district attorney and the district attorney's legal and administrative staff shall assist the board in the performance of its duties pursuant to this part 1.
(2) (a) The district attorney for the eighteenth judicial district and the district attorney's legal and administrative staff shall assist the crime victim compensation board for the twenty-third judicial district in the establishment of procedures for performance of its duties pursuant to this part 1 until the district attorney for the twenty-third judicial district assumes office.
(b) This subsection (2) is repealed, effective July 1, 2025.
C.R.S. § 24-4.1-105 Application for compensation
24-4.1-105. Application for compensation. (1) A person who may be eligible for compensation under this part 1 may apply to the board in the judicial district in which the crime was committed. In a case in which the person entitled to apply is a minor, the application may be made on the minor's behalf by the minor's parent or guardian. In a case in which the person entitled to apply is mentally incompetent, the application may be made on the person's behalf by the person's parent, conservator, or guardian or by any other individual authorized to administer the person's estate.
(2) (a) In order to be eligible for compensation under this part 1, the applicant shall submit reports, if reasonably available, from any physician who has treated or examined the victim at the time of or subsequent to the victim's injury or death. The report shall be in relation to the injury for which compensation is claimed. If, in the opinion of the board, reports on the previous medical history of the victim, a report on the examination of the injured victim, or the report on the cause of death of the victim by a medical expert would be of material aid to its determination, the board may order the reports.
(b) In order to be eligible for compensation for property damage under this part 1, the applicant shall submit a report or case number, if reasonably available, from a law enforcement agency which shall set forth the nature of the property damage which is the result of a compensable crime.
(3) If the applicant makes any false statement as to a material fact, the applicant is ineligible for approval pursuant to this part 1.
C.R.S. § 24-4.1-106 Hearings
24-4.1-106. Hearings. (1) The board, in its discretion, may conduct a hearing upon any application submitted to it. All hearings conducted by the board and appeals therefrom shall be held pursuant to sections 24-4-105 and 24-4-106.
(2) The burden of proof is upon the applicant to show that the claim is reasonable and is compensable under the terms of this part 1. The standard of proof is by a preponderance of the evidence.
(3) If a person has been convicted of an offense with respect to an act on which a claim is based, proof of that conviction shall be taken as conclusive evidence that the offense has been committed, unless an appeal or a proceeding with regard to it is pending. The fact that the identity of the assailant is unknown or that the assailant has not been prosecuted or convicted shall not raise a presumption that the claim is invalid.
(4) Orders and decisions of the board are final.
(5) Review of an order or decision of the board may be made in accordance with the Colorado rules of civil procedure.
C.R.S. § 24-4.1-107 Regulations
24-4.1-107. Regulations. In the performance of its functions, the board, pursuant to article 4 of this title, is authorized to make, rescind, and amend regulations prescribing the procedures to be followed in the filing of applications and in proceedings under this part 1.
C.R.S. § 24-4.1-107.5 Confidentiality of materials - definitions
24-4.1-107.5. Confidentiality of materials - definitions. (1) For purposes of this section, unless the context otherwise requires:
(a) "In camera review" means the judge views the material in private, without either party present.
(b) "Materials" means any records, claims, writings, documents, or information.
(2) Any materials received, made, or kept by a board or a district attorney to process a claim on behalf of a crime victim under this article are confidential. The district attorney shall have standing in any action to oppose the disclosure of any such materials. A board shall not provide through discovery in any civil or criminal action any exhibits, medical records, psychological records, counseling records, work records, criminal investigation records, criminal court case records, witness statements, telephone records, and other records of any type or nature whatsoever gathered for the purpose of evaluating whether to compensate a victim except:
(a) In the event of the review by the court of an order or decision of the board pursuant to section 24-4.1-106, and then only to the extent narrowly and necessary to obtain court review; or
(b) Upon a strict showing to the court in a separate civil or a criminal action that particular information or documents are known to exist only in board records. The court may inspect in camera such records to determine whether the specific requested information exists. If the court determines that the specific information sought exists in the board's records, the documents may then be released only by court order if the court finds as part of its order that the documents will not pose any threat to the safety or welfare of the victim or any other person whose identity may appear in the board's records, or violate any other privilege or confidentiality right.
(3) In a proceeding for determining the amount of restitution, if the defendant's request is not speculative and is based on an evidentiary hypothesis that warrants an in camera review to rebut the presumption established in section 18-1.3-603, C.R.S., the court may release additional information contained in the records of the board only after an in camera review and additionally finding that the information:
(a) Is necessary for the defendant to dispute the amount claimed for restitution; and
(b) Will not pose any threat to the safety or welfare of the victim, or any other person whose identity may appear in the board's records, or violate any other privilege or confidentiality right.
C.R.S. § 24-4.1-108 Approving compensation
24-4.1-108. Approving compensation. (1) A person is entitled to approval of compensation under this part 1 if:
(a) The person is a victim or a dependent of a victim or a successor in interest under the "Colorado Probate Code" of a victim of a compensable crime which was perpetrated on or after July 1, 1982, and which resulted in a loss;
(b) The appropriate law enforcement officials were notified of the perpetration of the crime allegedly causing the death of or injury to the victim. The requirement to notify the appropriate law enforcement officials required by this subsection (1)(b) is satisfied if, as the result of the compensable crime that the application is being submitted for, the victim or applicant provides documentation that a forensic examination was conducted by a licensed or registered nurse or medical provider.
(c) The applicant has cooperated reasonably with law enforcement officials in the apprehension and prosecution of the assailant, or the board has found good cause exists for the failure to cooperate, or, if the applicant is a victim of assault by strangulation, the applicant cooperates with law enforcement by undergoing a medical forensic examination;
(d) Repealed.
(e) The death of or injury to the victim was not substantially attributable to the victim's wrongful act or substantial provocation of the victim's assailant; and
(f) The application for approval of compensation under this part 1 is filed with the board.
(1.5) A person is entitled to approval of compensation for property damage under this part 1 if:
(a) The person is a victim of a compensable crime which was perpetrated on or after July 1, 1983, and which resulted in property damage;
(b) The appropriate law enforcement officials were notified of the perpetration of the crime causing property damage within seventy-two hours after its perpetration, unless the board finds good cause exists for the failure of notification;
(c) The applicant has cooperated reasonably with law enforcement officials in the apprehension and prosecution of the assailant or the board has found that good cause exists for the failure to cooperate; and
(d) The application for approval of compensation for property damage under this part 1 is filed with the board within six months of the date of property damage or within such further extension of time as the board, for good cause shown, allows.
(2) The board may waive any of the requirements set forth in this section, or the limitations set forth in section 24-4.1-109 (1), or order a denial or reduction of an award if, in the interest of justice, it is so required.
(3) Upon a finding by the board that compensation should be approved, the board shall submit a payment request to the court executive, who shall remit payment in accordance with the payment request.
(4) Consistent with approved standards established pursuant to section 24-4.1-117.3 (3) for the administration of crime victim compensation funds, the board may develop policies to ensure that victims are compensated and to ensure that available money in the fund is not exceeded.
C.R.S. § 24-4.1-109 Losses compensable
24-4.1-109. Losses compensable. (1) Losses compensable under this part 1 resulting from death of or injury to a victim include:
(a) Reasonable medical and hospital expenses and expenses incurred for dentures, eyeglasses, hearing aids, or other prosthetic or medically necessary devices;
(b) Loss of earnings;
(c) and (d) Repealed.
(d.5) Replacement services losses;
(e) Funeral and burial expenses;
(f) Loss of support to dependents;
(g) Mental health counseling;
(h) Household support; except that household support is only available to a dependent when:
(I) The offender is accused of committing the criminally injurious conduct that is the basis of the dependent's claim under this article;
(II) As a result of the criminal event, the offender vacated any home the offender shared with the dependent; and
(III) The dependent provides verification of dependency on the offender at the time of the criminal event.
(i) Reasonable travel expenses for a victim related to funeral, burial, medical care, or mental health counseling;
(j) Reasonable travel expenses for a victim related to attending critical events pursuant to section 24-4.1-302 (2), except when the primary or secondary victim is subpoenaed to testify;
(k) Dependent care services; and
(l) Reasonable relocation expenses for a victim to relocate as necessary to ensure the victim's safety.
(1.5) (a) Losses compensable under this part 1 resulting from property damage include:
(I) (A) Repair or replacement of residential property damaged as a result of a compensable crime; or
(B) Payment of the deductible amount on a residential or motor vehicle insurance policy;
(II) Any modification to the victim's residence that is necessary to ensure victim safety;
(III) The rekeying of a motor vehicle or other lock that is necessary to ensure the victim's safety;
(IV) Towing or impound fees for a motor vehicle that law enforcement determines to be where a compensable crime was committed; and
(V) Repair or replacement of dentures, eyeglasses, hearing aids, or other prosthetic or medically necessary devices damaged or stolen as a result of a compensable crime.
(b) (Deleted by amendment, L. 98, p. 517, §2, effective April 30, 1998.)
(2) Compensable losses do not include:
(a) Pain and suffering or property damage expenses other than those specified in subsection (1.5)(a) of this section;
(b) Aggregate damages to the victim or to the dependents of a victim exceeding thirty thousand dollars; or
(c) Repealed.
(d) Motor vehicle expenses other than those specified in subsections (1.5)(a)(I)(B) and (1.5)(a)(III) of this section.
C.R.S. § 24-4.1-110 Recovery from collateral source
24-4.1-110. Recovery from collateral source. (1) The board may deduct from compensation it approves under this part 1 any payments received by the applicant from the offender or from a person on behalf of the offender, from the United States or any state, or any subdivision or agency thereof, from a private source, or from an emergency approval under this part 1 for injury or death compensable under this part 1, excluding death or pension benefits.
(2) If compensation is approved under this part 1 and the person receiving it also receives a collateral sum under subsection (1) of this section which has not been deducted from it, the person shall refund to the board the lesser of the sums or the amount of compensation paid to the person under this part 1 unless the aggregate of both sums does not exceed the person's losses. The fund is the payer of last resort.
(3) If a defendant is ordered to pay restitution under article 18.5 of title 16 to a person who has received compensation awarded under this part 1, an amount equal to the compensation approved must be transmitted from such restitution to the board for allocation to the fund.
C.R.S. § 24-4.1-111 Compensation to relatives
24-4.1-111. Compensation to relatives. (1) A relative of a victim, even though the relative was not a dependent of the victim, is eligible for compensation for reasonable medical, funeral, or burial expenses for the victim, if:
(a) Such expenses were paid by the relative; and
(b) The relative files a claim in the manner provided in this part 1.
C.R.S. § 24-4.1-112 Emergency approvals
24-4.1-112. Emergency approvals. (1) The board may order an emergency approval to the applicant pending a final decision in the claim if it appears to the board, prior to taking action upon the claim, that undue hardship will result to the applicant if immediate payment is not made. Approvals pursuant to this section are intended to cover expenses incurred by crime victims in meeting their immediate short-term needs. The amount of an approval pursuant to this section must not exceed the amount set forth in the board's policies regarding emergency approvals and must be deducted from any final approval made as a result of the claim.
(2) If the amount of an emergency approval exceeds the sum the board would have approved pursuant to this part 1, such excess must be repaid by the recipient.
C.R.S. § 24-4.1-113 Fees
24-4.1-113. Fees. No fee may be charged to the applicant by the board in any proceeding under this article.
C.R.S. § 24-4.1-114 Assignment, attachment, or garnishment of approved compensation
24-4.1-114. Assignment, attachment, or garnishment of approved compensation. No compensation payable under this article 4.1, prior to actual receipt thereof by the person or beneficiary entitled thereto or the person's or beneficiary's legal representative, is assignable or subject to execution, garnishment, attachment, or any other process, including process to satisfy an order or judgment for support or alimony.
C.R.S. § 24-4.1-114.5 Limitations on characterization of payment as income
24-4.1-114.5. Limitations on characterization of payment as income. No compensation payable to an applicant under this part 1 is included in the applicant's income for purposes of the Colorado income tax imposed in article 22 of title 39, nor is it considered as income, property, or support for the purposes of determining the eligibility of the applicant for public assistance or the amount of assistance payments pursuant to section 26-2-108.
C.R.S. § 24-4.1-115 Survival of rights
24-4.1-115. Survival of rights. The rights to compensation created by this part 1 are personal and shall not survive the death of the person or beneficiary entitled to them; except that, if death occurs after an application for compensation has been filed with the board, the proceeding shall not abate but may be continued by the legal representative of the decedent's estate.
C.R.S. § 24-4.1-116 Subrogation
24-4.1-116. Subrogation. The acceptance of approved compensation made pursuant to this part 1 subrogates the state, to the extent of the approved amount, to any right or right of action accruing to the applicant.
C.R.S. § 24-4.1-116.5 Collection actions against crime victims - suspension
24-4.1-116.5. Collection actions against crime victims - suspension. (1) A medical service provider or medical service provider billing agent shall suspend all debt collection actions against the claimant for a compensable loss under section 24-4.1-109 related to the substance of the claim pending a resolution of the claim by the board for a period of ninety days to allow an opportunity for the board to resolve the claim, if, within one hundred eighty days after date of services rendered as part of the criminal episode, the claimant files an application for a claim with the board pursuant to section 24-4.1-105 and:
(a) Provides written notice to the medical service provider or its billing agent that a claim has been submitted to the board, including a crime victim compensation claim number; and
(b) Authorizes the medical service provider or its billing agent to confirm with the board the claimant's claim status and date of resolution as it relates to the medical provider's specific debt.
(2) The provisions of this section apply only to the claimant and not to a collateral source on the claimant's behalf.
(3) The provisions of subsection (1) of this section:
(a) Do not require the deletion of the debt on the claimant's credit report if the debt had already been reported to one or more credit bureaus prior to notice of the victim compensation claim being received by the medical service provider or its billing agent.
(b) Do not apply to any debt where a lawsuit has been commenced against the claimant for the collection of the debt prior to notice of the victim compensation claim being received by the medical service provider or its billing agent.
C.R.S. § 24-4.1-117 Fund created - control of fund
24-4.1-117. Fund created - control of fund. (1) The crime victim compensation fund is hereby established in the office of the court executive of each judicial district for the benefit of eligible applicants under this part 1.
(1.3) The crime victim compensation fund for the twenty-third judicial district is established in the office of the court administrator for Douglas, Elbert, and Lincoln counties. The fund consists of any money due the twenty-third judicial district pursuant to subsection (2) of this section on and after January 7, 2025. The judicial department shall coordinate with the crime victim compensation board for the eighteenth judicial district to credit money paid as costs or surcharges levied on criminal actions in Douglas, Elbert, and Lincoln counties on and after April 1, 2024, to the fund for use by the twenty-third judicial district, from the money collected pursuant to subsection (2) of this section on or after April 1, 2024, in Douglas, Elbert, and Lincoln counties.
(1.5) Repealed.
(2) The fund consists of all money paid as a cost or surcharge levied on criminal actions, as provided in section 24-4.1-119; any federal money available to state or local governments for victim compensation; all money received from any action or suit to recover damages from an assailant for a compensable crime which was the basis for approval of, and limited to, compensation received under this part 1; any restitution paid by an assailant to a victim for damages for a compensable crime which was the basis for approval of compensation received under this part 1 and for damages for which the victim has received approval of, and limited to, compensation received under this part 1; money transferred from the marijuana tax cash fund pursuant to section 39-28.8-501 (4.9)(b); and any other money that the general assembly may appropriate or transfer to the fund.
(3) All money deposited in the fund is deposited in an interest-bearing account, which must be no less secure than those used by the state treasurer, and which must yield the highest interest possible. All interest earned by money in the fund is credited to the fund.
(4) At the conclusion of each fiscal year, all money remaining in the fund remains in the fund.
(5) All money deposited in the fund must be used solely for the compensation of victims pursuant to this part 1; except that the district attorney and the court executive may use an aggregate of no more than twenty-two and one-half percent of the total amount of money in the crime victim compensation fund for administrative costs incurred pursuant to this part 1. The district attorney may use no more than twenty percent of the total amount of money in the fund for administrative costs. The court executive may use no more than two and one-half percent of the total amount of money in the fund for administrative costs.
(6) Grants of federal money that is accepted pursuant to this part 1 for the purpose of assisting crime victims shall not be used to supplant state funds available to assist crime victims.
C.R.S. § 24-4.1-117.3 Crime victim services advisory board - creation - duties - repeal
24-4.1-117.3. Crime victim services advisory board - creation - duties - repeal. (1) There is created in the division of criminal justice in the department of public safety the crime victim services advisory board, referred to in this section as the "advisory board". The advisory board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division of criminal justice in the department of public safety and the executive director of the department of public safety, referred to in this section as the "executive director".
(2) (a) The advisory board consists of at least seventeen members appointed by the executive director, including but not limited to:
(I) A judge;
(II) An elected district attorney, the assistant district attorney, or a chief deputy district attorney;
(III) A member of a crime victim compensation board created in section 24-4.1-103;
(IV) A member of a local victims and witnesses assistance and law enforcement board created in section 24-4.2-101;
(V) An administrator of crime victim compensation from a district attorney's office;
(VI) An administrator of victims and witnesses assistance from a district attorney's office;
(VII) A representative of a statewide victims' organization;
(VIII) A court executive or judicial district representative;
(IX) A representative of a domestic violence program;
(X) A representative of a sexual assault program;
(XI) A sheriff or sheriff's representative;
(XII) A police chief or police representative;
(XIII) A deputy district attorney;
(XIV) A victim of a crime of violence; and
(XV) Three members of the community at large.
(b) The executive director may consider geographic diversity when making appointments to the advisory board.
(c) The term of office for each member of the advisory board is three years. A member shall not serve more than three consecutive three-year terms. A member of the advisory board on May 19, 2022, who has served more than three consecutive terms may serve the remainder of the member's current term, but shall not serve a consecutive subsequent term.
(d) Members of the advisory board shall serve at the pleasure of the executive director or until the member no longer serves in the position for which he or she was appointed to the advisory board, at which time a vacancy shall be deemed to exist on the advisory board. If a vacancy arises on the advisory board, the executive director shall appoint an appropriate person to serve for the remainder of the unexpired term.
(e) The executive director may reappoint a person to serve subsequent terms on the advisory board, but the executive director shall not appoint a person to serve more than three consecutive terms. The executive director shall annually appoint a chairperson of the advisory board who shall preside over the advisory board's meetings.
(f) Members of the advisory board shall serve without compensation but may be reimbursed for actual travel expenses incurred in the performance of their duties.
(3) The advisory board's powers and duties include, but are not limited to, the following:
(a) To develop and revise, when necessary, standards for the administration of the crime victim compensation fund established in section 24-4.1-117 in each judicial district and the victims and witnesses assistance and law enforcement fund established in section 24-4.2-103 in each judicial district, and to develop, revise when necessary, and impose sanctions for violating these standards;
(a.5) (I) To provide current standards for the crime victim compensation fund for the twenty-third judicial district, established in section 24-4.1-117 (1.3), to prepare the crime victim compensation board for the twenty-third judicial district to award compensation pursuant to this part 1.
(II) This subsection (3)(a.5) is repealed, effective July 1, 2025.
anctions for violating these standards;
(a.5) (I) To provide current standards for the crime victim compensation fund for the twenty-third judicial district, established in section 24-4.1-117 (1.3), to prepare the crime victim compensation board for the twenty-third judicial district to award compensation pursuant to this part 1.
(II) This subsection (3)(a.5) is repealed, effective July 1, 2025.
(b) To review, pursuant to section 24-4.1-303 (17), any reports of noncompliance with this article;
(c) To distribute profits from crime pursuant to section 24-4.1-201;
(d) To advise and make recommendations to the division of criminal justice in the department of public safety concerning the award of grants pursuant to sections 24-33.5-506 and 24-33.5-507; and
(e) To establish subcommittees of the advisory board from within the membership of the advisory board, which subcommittees shall include, but need not be limited to:
(I) A standards subcommittee that shall make recommendations to the advisory board concerning the development and revision, when necessary, of standards and sanctions for the violation of standards to assist the advisory board in implementing paragraph (a) of this subsection (3); and
(II) A victim rights subcommittee that shall review, pursuant to section 24-4.1-303 (17), any reports of noncompliance with this article to assist the advisory board in implementing paragraph (b) of this subsection (3);
(f) To review any reports of noncompliance with section 13-10-104.5.
(4) The advisory board shall not release to the public any records submitted to or generated by the advisory board or a subcommittee of the advisory board for the purposes of the advisory board's or the subcommittee's review, pursuant to paragraph (b) of subsection (3) of this section, of a report of noncompliance with this article until the report of noncompliance has been reviewed and resolved by the advisory board. The advisory board shall redact all victim-identifying information from any document released to the public.
C.R.S. § 24-4.1-117.5 Standards for administration of funds - sanctions
24-4.1-117.5. Standards for administration of funds - sanctions. (Repealed)
C.R.S. § 24-4.1-117.7 State crime victims compensation program - creation - appropriation
24-4.1-117.7. State crime victims compensation program - creation - appropriation. There is created in the division of criminal justice in the department of public safety the state victim compensation program. The general assembly shall appropriate money from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, to the division of criminal justice in the department of public safety to be used for the compensation of victims pursuant to this part 1 that also conforms with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended. The division of criminal justice in the department of public safety shall distribute the money appropriated pursuant to this section based on need.
C.R.S. § 24-4.1-118 Court executive custodian of fund - disbursements - repeal
24-4.1-118. Court executive custodian of fund - disbursements - repeal. (1) The court executive of each judicial district is the custodian of the fund, and the court executive shall pay all disbursements from the fund upon written authorization of the board or the court.
(2) (a) Until a judicial district court administrator for the twenty-third judicial district is appointed, the court administrator for Douglas, Elbert, and Lincoln counties shall assume the duties described in subsection (1) of this section and section 24-4.1-117.
(b) This subsection (2) is repealed, effective July 1, 2025.
C.R.S. § 24-4.1-119 Costs and surcharges levied on criminal actions and traffic offenses
24-4.1-119. Costs and surcharges levied on criminal actions and traffic offenses. (1) (a) Except as provided in subsection (1)(c) of this section, a cost of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic offenses is levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided for in section 18-1.3-102, which criminal action is charged pursuant to state statute. The defendant shall pay these costs to the clerk of the court. Each clerk shall transmit the costs received to the court executive of the judicial district in which the offense occurred for credit to the crime victim compensation fund established in that judicial district.
(b) The costs required by subsection (1)(a) of this section shall not be levied on criminal actions which are charged pursuant to the penalty assessment provisions of section 42-4-1701 or to any violations of articles 1 to 15 of title 33.
(c) A cost of thirty-three dollars is levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided for in section 18-1.3-102 of a violation of section 42-4-1301 (1) or (2). The defendant shall pay this cost to the clerk of the court, who shall transmit the costs received to the court executive of the judicial district in which the offense occurred for credit to the crime victim compensation fund established in that judicial district.
(d) and (e) Repealed.
(f) (I) A surcharge is levied against each penalty assessment imposed for a violation of a class A or class B traffic infraction or class 1 or class 2 misdemeanor traffic offense pursuant to section 42-4-1701. The amount of the surcharge is one half of the amount specified in the penalty and surcharge schedule in section 42-4-1701 (4) or, if no surcharge amount is specified, the surcharge is calculated as thirty-seven percent of the penalty imposed. All money collected by the department of revenue pursuant to this subsection (1)(f) must be transmitted to the court executive of the judicial district in which the infraction occurred for credit to the crime victim compensation fund established in that judicial district in accordance with the requirements set forth in section 42-1-217.
(II) All calculated surcharge amounts pursuant to this subsection (1)(f) resulting in dollars and cents must be rounded down to the nearest whole dollar.
(III) The surcharges levied pursuant to this subsection (1)(f) are separate and distinct from surcharges levied pursuant to section 24-4.2-104 for the victims and witnesses assistance and law enforcement fund.
(g) (I) A surcharge of eight dollars is levied against each penalty imposed for violation of a civil infraction pursuant to section 16-2.3-101. The clerk of the court shall transmit all money collected to the court executive of the judicial department in which the offense occurred for credit to the crime victim compensation fund established in that judicial district.
(II) The surcharges levied pursuant to this subsection (1)(g) are separate and distinct from surcharges levied pursuant to section 24-4.2-104 for the victims and witnesses assistance and law enforcement fund.
it all money collected to the court executive of the judicial department in which the offense occurred for credit to the crime victim compensation fund established in that judicial district.
(II) The surcharges levied pursuant to this subsection (1)(g) are separate and distinct from surcharges levied pursuant to section 24-4.2-104 for the victims and witnesses assistance and law enforcement fund.
(h) A cost of thirty-three dollars is levied on each criminal action that results with placement in an alternative sentencing program pursuant to section 18-1.3-101. This cost is paid to the alternative sentencing program and then transmitted to the court executive of the judicial district where the offense occurred for credit to the crime victim compensation fund established in that judicial district.
(1.5) A cost or surcharge levied pursuant to this section may not be suspended or waived by the court unless the court determines that the defendant against whom the cost or surcharge is levied is indigent.
(2) For purposes of determining the order of priority for payments required of a defendant pursuant to section 18-1.3-204 (2.5) the payments to the victim compensation fund required under this part 1 are the first obligation of the defendant.
(3) The provisions of sections 18-1.3-701 and 18-1.3-702 are applicable as to the collection of costs levied pursuant to this part 1.
C.R.S. § 24-4.1-120 Effective dates of provisions of this article
24-4.1-120. Effective dates of provisions of this article. Sections 24-4.1-117 to 24-4.1-120 originally took effect July 1, 1981. Sections 24-4.1-101 to 24-4.1-116 originally took effect July 1, 1982.
C.R.S. § 24-4.1-121 Repeal
24-4.1-121. Repeal. (Repealed)
C.R.S. § 24-4.1-122 Reports
24-4.1-122. Reports. On or before October 1, 1985, and on or before each October 1 thereafter, the court executive of each judicial district shall report to the state court administrator the amount of money collected by the judicial district in the prior fiscal year and the amount of money distributed to crime victims in the prior fiscal year by the board.
C.R.S. § 24-4.1-123 When redistribution of moneys required
24-4.1-123. When redistribution of moneys required. (Repealed)
C.R.S. § 24-4.1-124 State crime victim compensation fund - creation - allocation of moneys
24-4.1-124. State crime victim compensation fund - creation - allocation of moneys. (Repealed)
C.R.S. § 24-4.1-201 Distribution of profits from crime - escrow account - civil suit by victim - definitions
24-4.1-201. Distribution of profits from crime - escrow account - civil suit by victim - definitions. (1) The general assembly hereby finds that the state has a compelling interest in preventing any person who is convicted of a crime from profiting from the crime and in recompensing victims of the crime. It is therefore the intent of the general assembly to provide a mechanism whereby any profits from a crime that are received by the person convicted of the crime are available as restitution to the victims of the crime.
(1.3) For purposes of this part 2, "victim" means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct, criminal episode or plan or if such person is deceased or incapacitated, the person's spouse, parent, child, sibling, grandparent, significant other, or other lawful representative. For purposes of this part 2, any person under the age of eighteen years is considered incapacitated, unless that person is emancipated.
(1.5) (a) For purposes of this part 2, "profits from the crime" means:
(I) Any property obtained through or income generated from the commission of the crime of which the defendant was convicted;
(II) Any property obtained by or income generated from the sale, conversion, or exchange of proceeds of the crime of which the defendant was convicted, including any gain realized by such sale, conversion, or exchange; and
(III) Any property that the defendant obtained or income generated as a result of having committed the crime of which the defendant was convicted, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, the crime, as well as any property obtained by or income generated from the sale, conversion, or exchange of such property and any gain realized by such sale, conversion, or exchange.
(b) (I) Any person who contracts with a person convicted of a crime in this state, or such person's representative or assignee, for payment of any profits from the crime of which such person is convicted shall pay to the crime victim services advisory board created in section 24-4.1-117.3 (1), referred to in this part 2 as the "board", any money that would otherwise by terms of the contract be paid to the convicted person or such person's representatives or assignees. The board shall distribute the money as described in paragraph (b.5) of this subsection (1.5).
(II) Any person or any person's agent or other legal representative who contracts with a convicted person, or the convicted person's representative or assignee, in the manner described in subparagraph (I) of this paragraph (b), shall:
(A) Submit a copy of the contract or a summary of the terms of an oral agreement to the board;
(B) Pay over to the board any moneys or consideration not subject to an order of restitution and that by the terms of the contract would be otherwise owing to the convicted person or owing to a representative or assignee of the convicted person.
(b.5) If there is a court order of restitution in the criminal case resulting from the crime that remains unpaid, any money received under paragraph (b) of this subsection (1.5) must first be applied to that order of restitution. If there is no outstanding balance from an order of restitution or there remains additional money, and all victims are identified and can be located, the money received or the remaining portion must be apportioned pro rata to the identified victims. For purposes of this section, "victim" has the same meaning as in section 24-4.1-302 (5). If all victims are not known or cannot be located, the board shall deposit the remaining money in an escrow account for the benefit of the victims.
onal money, and all victims are identified and can be located, the money received or the remaining portion must be apportioned pro rata to the identified victims. For purposes of this section, "victim" has the same meaning as in section 24-4.1-302 (5). If all victims are not known or cannot be located, the board shall deposit the remaining money in an escrow account for the benefit of the victims.
(c) Upon the establishment of an escrow account, any person who is a victim of the crime from which a convicted person receives profits under paragraph (b) of this subsection (1.5) may, within three years of establishment of the escrow account, enforce any judgment entered against the convicted person against the money on deposit in the escrow account. If no judgment has been entered, the victim may bring a civil action in a court of competent jurisdiction to recover a judgment against the convicted person or such person's representatives or designees. After all filed claims are established, the board shall distribute the money in the escrow account to satisfy the claims, or such fraction of each claim as can be fulfilled by the available money.
(d) (I) Upon establishing an escrow account pursuant to paragraph (b) of this subsection (1.5), the board shall notify any victims of the crime of which the person was convicted at such victims' last-known addresses of the establishment of the escrow account.
(II) Unless all victims have been identified and can be located, the board shall publish at least once annually from the date of the establishment of the escrow account, a notice of the escrow account's establishment in a newspaper having general circulation throughout the county in which the crime was committed. The expenses of notification shall be paid from the amount received in the escrow account. The board, in its discretion, may provide for such additional notice as it deems necessary.
(III) The notice required under subparagraphs (I) and (II) of this paragraph (d) shall specify the existence of the escrow account, the amount on deposit, and the victim's right to execute an order of restitution or bring a civil action to recover against the moneys in the escrow account within three years after the date the escrow account is established.
(e) (I) Any person who knowingly fails to comply with any requirement of subparagraph (II) of paragraph (b) of this subsection (1.5) shall be liable for a civil penalty of not less than ten thousand dollars nor more than three times the contract amount.
(II) If two or more persons are adjudged liable for the civil penalty imposed, such persons shall be jointly and severally liable.
(III) After notice and opportunity to be heard is provided, the court, by order of judgment, may assess the penalty described in this paragraph (e). All moneys received from the payment of these penalties shall be paid over to the board.
(IV) In any action or proceeding brought to enforce the contract provisions of this subsection (1.5), the court shall have jurisdiction to grant the attorney general, without bond or other undertaking, any injunctive relief necessary to prevent any payment under a contract that is prohibited under this subsection (1.5).
(1.7) For purposes of this section, "person" means any natural person, firm, corporation, partnership, association, or other legal entity.
act provisions of this subsection (1.5), the court shall have jurisdiction to grant the attorney general, without bond or other undertaking, any injunctive relief necessary to prevent any payment under a contract that is prohibited under this subsection (1.5).
(1.7) For purposes of this section, "person" means any natural person, firm, corporation, partnership, association, or other legal entity.
(2) If funds remain in the escrow account after payment of a money judgment pursuant to subsection (1) of this section and if no civil actions are pending under this section after three years from the establishment of an escrow account, the board shall notify the department of corrections of the existence of such escrow account. The department of corrections shall certify to the board a statement of the costs of maintenance of the person in the state correctional institution or institutions at which the person was incarcerated. A statement of the cost of maintenance shall be submitted annually for payment to the department of corrections by the board until such time as the person is released from custody of the state. No such payment shall be made upon the dismissal of the charges against any individual whose proceeds are placed in the escrow account.
(3) Upon the dismissal of the charges against any individual whose proceeds are placed in the escrow account or upon a showing by the defendant that three years have elapsed from the establishment of an escrow account and that no civil actions are pending against him or her under this section, the board shall immediately pay any money in the escrow account to the defendant except for funds paid to the department of corrections and anticipated as necessary for future payment to the department of corrections as set forth in subsection (2) of this section.
(4) If an escrow account is established under this section, no otherwise applicable statute of limitations on the time within which civil action may be brought bars action by a victim of a crime committed by the person accused or convicted of the crime, as to a claim resulting from the crime, until three years have elapsed from the time the escrow account was established.
(4.5) The escrow account shall be established for a period of three years. If an action is filed by a victim to recover the victim's interest in the escrow account within such three-year period, the escrow account shall continue until the conclusion of such action.
(5) The board shall make payments from an escrow account to the accused upon an order of the court after a showing by the accused that:
(a) The money will be used for the exclusive purpose of retaining legal representation at any stage of the civil or criminal proceedings against him, including the appeals process; and
(b) He has insufficient assets, other than funds in the escrow account and assets which could be claimed as exempt from execution under state law, to provide for payment of the expenses of legal representation.
(6) The attorney general, at the request of the board, shall bring an action to cause profits from the crime to be paid over and held in an escrow account established by the board.
C.R.S. § 24-4.1-202 Notification of board
24-4.1-202. Notification of board. It shall be the duty of the victim, the victim's attorney, or the victim's representative to notify the board within thirty days of the filing of any compensable claim under section 24-4.1-201.
C.R.S. § 24-4.1-203 More than one claim
24-4.1-203. More than one claim. If more than one claim is filed against the moneys in escrow pursuant to section 24-4.1-201, the board shall disburse payments from the escrow account on a pro rata basis of all judgments obtained, according to the amount of money in the escrow account as compared to the amount of each claim. No compensation shall be disbursed until all pending claims have been settled or reduced to judgment.
C.R.S. § 24-4.1-204 Actions null and void
24-4.1-204. Actions null and void. Any action taken by a person who is accused or convicted of a crime or who enters a plea of guilty, whether by way of the execution of a power of attorney, the creation of corporate entities, or any other action, to defeat the purpose of this part 2 shall be null and void as against the public policy of this state.
C.R.S. § 24-4.1-205 Interest on moneys in the account
24-4.1-205. Interest on moneys in the account. Interest earned on the moneys deposited in the escrow account pursuant to section 24-4.1-201 shall accrue to the benefit of the payee of the account.
C.R.S. § 24-4.1-206 Annual reports of funds
24-4.1-206. Annual reports of funds. No later than February 15 of each year, the board shall make available a report to the general assembly for the previous calendar year of an accounting of all funds received and disbursed under this part 2. The board shall notify, in the most cost-effective manner available, each member of the general assembly of the availability of such report and offer to provide each member with a copy of the report.
C.R.S. § 24-4.1-207 Applicability
24-4.1-207. Applicability. This part 2 shall apply to offenses committed on or after January 1, 1985.
C.R.S. § 24-4.1-300.1 Short title
24-4.1-300.1. Short title. The short title of this part 3 is the "Victim Rights Act".
C.R.S. § 24-4.1-301 Legislative declaration
24-4.1-301. Legislative declaration. The general assembly hereby finds and declares that the full and voluntary cooperation of victims of and witnesses to crimes with state and local law enforcement agencies as to such crimes is imperative for the general effectiveness and well-being of the criminal justice system of this state. It is the intent of this part 3, therefore, to assure that all victims of and witnesses to crimes are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protection afforded criminal defendants.
C.R.S. § 24-4.1-302 Definitions
24-4.1-302. Definitions. As used in this part 3, and for no other purpose, including the expansion of the rights of any defendant:
(1) "Crime" means any of the following offenses, acts, and violations as defined by the statutes of the state of Colorado, whether committed by an adult or a juvenile:
(a) Murder in the first degree, in violation of section 18-3-102, C.R.S.;
(b) Murder in the second degree, in violation of section 18-3-103, C.R.S.;
(c) Manslaughter, in violation of section 18-3-104, C.R.S.;
(d) Criminally negligent homicide, in violation of section 18-3-105, C.R.S.;
(e) Vehicular homicide, in violation of section 18-3-106, C.R.S.;
(f) Assault in the first degree, in violation of section 18-3-202, C.R.S.;
(g) Assault in the second degree, in violation of section 18-3-203, C.R.S.;
(h) Assault in the third degree, in violation of section 18-3-204, C.R.S.;
(i) Vehicular assault, in violation of section 18-3-205, C.R.S.;
(j) Menacing, in violation of section 18-3-206, C.R.S.;
(k) (Deleted by amendment, L. 95, p. 1256, § 22, effective July 1, 1995.)
(l) First degree kidnapping, in violation of section 18-3-301, C.R.S.;
(m) Second degree kidnapping, in violation of section 18-3-302, C.R.S.;
(n) (I) Sexual assault, in violation of section 18-3-402, C.R.S.; or
(II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000;
(o) Sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000;
(p) (I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or
(II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000;
(q) Sexual assault on a child, in violation of section 18-3-405, C.R.S.;
(r) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.;
(s) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;
(s.3) Invasion of privacy for sexual gratification, in violation of section 18-3-405.6, C.R.S.;
(t) Robbery, in violation of section 18-4-301, C.R.S.;
(u) Aggravated robbery, in violation of section 18-4-302, C.R.S.;
(v) Aggravated robbery of controlled substances, in violation of section 18-4-303, as it existed prior to October 1, 2023;
(w) Repealed.
(x) Incest, in violation of section 18-6-301, C.R.S.;
(y) Aggravated incest, in violation of section 18-6-302, C.R.S.;
(z) Child abuse, in violation of section 18-6-401, C.R.S.;
(aa) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;
(bb) Crimes against at-risk adults or at-risk juveniles, in violation of section 18-6.5-103, C.R.S.;
(bb.3) Any crime identified by law enforcement prior to the filing of charges as domestic violence, as defined in section 18-6-800.3 (1), C.R.S.;
(bb.7) An act identified by a district attorney in a formal criminal charge as domestic violence, as defined in section 18-6-800.3 (1), C.R.S.;
(cc) Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), C.R.S., pursuant to section 18-6-801 (1), C.R.S.;
(cc.1) (I) Stalking, in violation of section 18-3-602, C.R.S.;
(II) Stalking, in violation of section 18-9-111 (4), C.R.S., as it existed prior to August 11, 2010;
(cc.3) A bias-motivated crime, in violation of section 18-9-121, C.R.S.;
(cc.4) Harassment that is bias-motivated, in violation of section 18-9-111 (2);
(cc.5) Careless driving, in violation of section 42-4-1402, C.R.S., that results in the death of another person;
(cc.6) Failure to stop at the scene of an accident, in violation of section 42-4-1601, where the accident results in the death or serious bodily injury of another person;
tion of section 18-9-121, C.R.S.;
(cc.4) Harassment that is bias-motivated, in violation of section 18-9-111 (2);
(cc.5) Careless driving, in violation of section 42-4-1402, C.R.S., that results in the death of another person;
(cc.6) Failure to stop at the scene of an accident, in violation of section 42-4-1601, where the accident results in the death or serious bodily injury of another person;
(cc.7) False reporting of an emergency in violation of section 18-8-111 that is a bias-motivated crime as described in section 18-9-121 (2);
(dd) Any criminal attempt, as described in section 18-2-101, C.R.S., any conspiracy, as described in section 18-2-201, C.R.S., any criminal solicitation, as described in section 18-2-301, C.R.S., and any accessory to a crime, as described in section 18-8-105, C.R.S., involving any of the crimes specified in this subsection (1);
(ee) Retaliation against a witness or victim, in violation of section 18-8-706, C.R.S.;
(ee.3) Intimidating a witness or a victim, in violation of section 18-8-704, C.R.S.;
(ee.7) Aggravated intimidation of a witness or a victim, in violation of section 18-8-705, C.R.S.;
(ff) Tampering with a witness or victim, in violation of section 18-8-707, C.R.S.;
(gg) Indecent exposure, in violation of section 18-7-302, C.R.S.;
(hh) Violation of a protection order issued under section 18-1-1001 against a person charged with committing sexual assault in violation of section 18-3-402, sexual assault on a child in violation of section 18-3-405, sexual assault on a child by one in a position of trust in violation of section 18-3-405.3, sexual assault on a client by a psychotherapist in violation of section 18-3-405.5, or stalking in violation of section 18-3-602;
(ii) Human trafficking in violation of section 18-3-503 or 18-3-504, C.R.S.;
(jj) First degree burglary, in violation of section 18-4-202, C.R.S.;
(jj.5) Second degree burglary of a dwelling, in violation of section 18-4-203 (2)(a);
(kk) Retaliation against a judge or elected official, in violation of section 18-8-615; retaliation against a prosecutor, in violation of section 18-8-616; or retaliation against a juror, in violation of section 18-8-706.5;
(ll) Child prostitution, in violation of section 18-7-401, C.R.S.; soliciting for child prostitution, in violation of section 18-7-402, C.R.S.; procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.; pimping of a child, in violation of section 18-7-405, C.R.S.; inducement of child prostitution, in violation of section 18-7-405.5, C.R.S.; or patronizing a prostituted child, in violation of section 18-7-406, C.R.S.;
(mm) Posting a private image for harassment in violation of section 18-7-107 or posting a private image for pecuniary gain in violation of section 18-7-108;
(nn) First degree arson, in violation of section 18-4-102;
(oo) Criminal invasion of privacy, in violation of section 18-7-801.
(1.2) "Cold case" means a felony crime reported to law enforcement that has remained unsolved for over one year after the crime was initially reported to law enforcement and for which the applicable statute of limitations has not expired.
(1.3) "Correctional facility" means any private or public entity providing correctional services to offenders pursuant to a court order including, but not limited to a county jail, a community corrections provider, the division of youth services, and the department of corrections.
(1.5) "Correctional official" means any employee of a correctional facility.
(2) "Critical stages" means the following stages of the criminal justice process:
ivate or public entity providing correctional services to offenders pursuant to a court order including, but not limited to a county jail, a community corrections provider, the division of youth services, and the department of corrections.
(1.5) "Correctional official" means any employee of a correctional facility.
(2) "Critical stages" means the following stages of the criminal justice process:
(a) The filing of charges against a person accused of a crime;
(a.3) Any hearing for the disclosure of the name and identifying information of a child victim or child witness pursuant to section 24-72-304 (4.5)(a.5);
(a.5) The decision not to file charges against a person accused of a crime;
(a.7) The decision to enter into a diversion agreement pursuant to section 18-1.3-101, or to make a referral to the bridges wraparound care program pursuant to section 16-8.6-108;
(b) The preliminary hearing;
(c) (I) Any court action involving a bond reduction or modification at which the following occurs:
(A) A bond is set lower than the scheduled or customary amount for the specific charge, including any adjustments made by the court to the amount of bond to correspond to the specific charge to which the defendant pled guilty or for which the defendant was convicted, if the adjusted bond is lower than the scheduled or customary amount for the specific charge;
(B) A change in the type of bond;
(C) A modification to a condition of the bond;
(D) A defendant is permitted to appear without posting a bond;
(E) In a case involving a capital offense, the court grants the defendant's motion for admission to bail pursuant to section 16-4-101 (3), C.R.S.; or
(F) For jurisdictions that do not have a bond schedule or customary amount for bond, a bond is modified to a lower amount than that set at the initial bond hearing.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (c), the following shall not constitute a bond reduction or modification:
(A) The initial setting of a bond, whether set by the court at the first appearance or by another entity authorized to do so by the court prior to the first appearance;
(B) The setting of a new bond upon the filing of charges by the district attorney, so long as the bond is set at or above the scheduled or customary amount for the specific charge filed; and
(C) For nonbailable offenses pursuant to section 16-4-101, C.R.S., the subsequent setting of a bond by the court.
(d) The arraignment of a person accused of a crime;
(e) Any hearing on motions concerning evidentiary matters or pre-plea or post-plea relief;
(e.5) Any subpoena or application for records concerning the victim's medical history; mental health; education; victim's compensation; or records that are privileged pursuant to section 13-90-107;
(f) Any disposition of the complaint or charges against the person accused;
(g) The trial;
(h) Any sentencing or resentencing hearing;
(i) Any appellate review or appellate decision;
(j) Any modification of the sentence pursuant to rule 35 (a) or 35 (b) of the Colorado rules of criminal procedure or any other provision of state or federal law;
(j.5) Any court-ordered modification of the terms and conditions of probation as described in section 18-1.3-204 or 19-2.5-1108 and as outlined in section 24-4.1-303 (13.5)(a);
(k) Any probation revocation hearing;
(k.3) The filing of any complaint, summons, or warrant filed by the probation department;
(k.5) The change of venue or transfer of probation supervision from one jurisdiction to another;
(k.7) The request for any release from probation supervision prior to the expiration of the defendant's sentence;
(l) An attack on a judgment or conviction for which a court hearing is set;
(m) Any parole application hearing and full parole board review hearing;
(n) The parole, release, or discharge from imprisonment of a person convicted of a crime;
(o) Any parole revocation hearing;
nother;
(k.7) The request for any release from probation supervision prior to the expiration of the defendant's sentence;
(l) An attack on a judgment or conviction for which a court hearing is set;
(m) Any parole application hearing and full parole board review hearing;
(n) The parole, release, or discharge from imprisonment of a person convicted of a crime;
(o) Any parole revocation hearing;
(p) The transfer to or placement of a person convicted of a crime in a nonsecured facility;
(q) The transfer, release, or escape of a person charged with or convicted of a crime from any state hospital;
(r) Any petition or motion to terminate sex offender registration filed pursuant to section 16-22-113;
(r.3) (I) Except as provided in subsection (2)(r.3)(II) of this section, any hearing concerning a petition for expungement as described in section 19-1-306.
(II) The entry of an order of expungement is not a critical stage if:
(A) The case resulted in a not guilty verdict at trial;
(B) The case was dismissed in its entirety;
(C) The juvenile completed a sentence for a petty offense, any drug petty offense, any level 1 or level 2 drug misdemeanor, or a class 2 or class 3 misdemeanor offense not involving unlawful sexual behavior as defined in section 16-22-109 (9), domestic violence as described in section 18-6-800.3, or a crime that is a crime listed under section 24-4.1-302 (1); or
(D) The juvenile completed a sentence for a municipal offense not involving domestic violence as described in section 18-6-800.3.
(s) The execution of an offender in a capital case;
(t) A hearing held pursuant to section 18-1-414 (2)(b), C.R.S.;
(u) The decision, whether by court order, stipulation of the parties, or otherwise, to conduct postconviction DNA testing pursuant to section 18-1-413, the results of any such postconviction DNA testing, and court proceedings initiated based on the result of the postconviction DNA testing. An inmate's written or oral request for such testing is not a "critical stage".
(u.5) A hearing held pursuant to section 18-1-416 (1.5);
(v) A hearing held pursuant to section 24-72-706, 24-72-709, or 24-72-710;
(w) A hearing held pursuant to section 24-31-902 (2)(c);
(x) A hearing held pursuant to section 18-1.3-103.7 or 19-2.5-1118.5;
(y) A petition for modification of sentence filed pursuant to section 18-1.3-406 (1)(b) and any associated hearing;
(z) A petition for modification of sentence filed pursuant to section 18-1.3-801 (6) and any associated hearing.
(3) "Lawful representative" means any person who is designated by the victim or appointed by the court to act in the best interests of the victim.
(3.5) "Modification of sentence" means an action taken by the court to modify the length, terms, or conditions of an offender's sentence pursuant to rule 35 (a) or (b) of the Colorado rules of criminal procedure; a resentencing following a probation revocation hearing; or a request for early termination of probation. As used in this subsection (3.5), "action taken by the court" includes an order by the court modifying an offender's sentence upon review of the written motion without a hearing but does not include an order denying a motion to modify a sentence without a hearing.
(4) "Significant other" means any person who is in a family-type living arrangement with a victim and who would constitute a spouse of the victim if the victim and such person were married.
court" includes an order by the court modifying an offender's sentence upon review of the written motion without a hearing but does not include an order denying a motion to modify a sentence without a hearing.
(4) "Significant other" means any person who is in a family-type living arrangement with a victim and who would constitute a spouse of the victim if the victim and such person were married.
(5) "Victim" means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct or plan as crime is defined under the laws of this state or of the United States, or, if such person is deceased or incapacitated, the person's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative. For purposes of notification under this part 3, any person under the age of eighteen years is considered incapacitated, unless that person is legally emancipated. It is the intent of the general assembly that this definition of the term "victim" shall apply only to this part 3 and shall not be applied to any other provision of the laws of the state of Colorado that refer to the term "victim".
(6) "Victim's immediate family" means the spouse, any child by birth or adoption, any stepchild, the parent, the stepparent, a sibling, a legal guardian, significant other, or a lawful representative of the victim.
(7) "Witness" means any natural person:
(a) Having knowledge of the existence or nonexistence of facts relating to any crime;
(b) Whose declaration under oath is received or has been received as evidence for any purpose;
(c) Who has reported any crime to any peace officer, correctional officer, or judicial officer;
(d) Who has been served with a subpoena issued under the authority of any court in this state, of any other state, or of the United States; or
(e) Who would be believed by any reasonable person to be an individual described in paragraph (a), (b), (c), or (d) of this subsection (7).
C.R.S. § 24-4.1-302.5 Rights afforded to victims - definitions
24-4.1-302.5. Rights afforded to victims - definitions. (1) In order to preserve and protect a victim's rights to justice and due process, each victim of a crime has the following rights:
(a) The right to be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process;
(b) The right to be informed of and be present by appearing in person, by phone, virtually by audio or video, or similar technology for all critical stages of the criminal justice process as specified in section 24-4.1-302 (2); except that the victim shall have the right to be informed of, without being present for, the critical stages described in section 24-4.1-302 (2)(a), (2)(a.5), (2)(a.7), (2)(e.5), (2)(k.3), (2)(n), (2)(p), (2)(q), (2)(r), and (2)(u);
(b.5) Repealed.
(b.6) For a victim of an offense resulting in a juvenile felony adjudication, the right to be informed of the filing of any petition or motion to legally possess, use, or carry a firearm or other weapon pursuant to section 18-12-108 (3)(b);
(b.7) For a victim of a sex offense, the right to be informed of the filing of any petition or motion filed to terminate sex offender registration pursuant to section 16-22-103 (5) or 16-22-113 (2) and (2.5);
(b.8) For a victim who has had forensic medical evidence collected pursuant to section 12-240-139 (1)(b) that has not resulted in a conviction or plea of guilty, the right to be notified by the law enforcement agency with jurisdiction for the case, upon request, of the status and location of the victim's forensic medical evidence including:
(I) The right to be notified that the forensic medical evidence has been submitted to an accredited crime lab for testing as required by the rules promulgated pursuant to section 24-33.5-113;
(II) The right to be notified when the law enforcement agency has received the results of the medical forensic evidence DNA analysis from the accredited crime laboratory;
(III) The right to be informed of whether a DNA sample was obtained from the analysis and whether or not there are matches to DNA profiles in state or federal databases;
(IV) The right to be informed at least sixty days prior to the destruction of forensic medical evidence collected in connection with the alleged sex offense;
(V) The right to file, prior to the expiration of the sixty-day period, an objection with the law enforcement agency, the Colorado bureau of investigation, or the accredited crime laboratory that is proposing to destroy the forensic medical evidence;
(VI) The right to be informed of any change in status of the case, including if the case has been closed or reopened; and
(VII) The right to receive a physical document identifying the rights under law after the exam has been completed;
the law enforcement agency, the Colorado bureau of investigation, or the accredited crime laboratory that is proposing to destroy the forensic medical evidence;
(VI) The right to be informed of any change in status of the case, including if the case has been closed or reopened; and
(VII) The right to receive a physical document identifying the rights under law after the exam has been completed;
(b.9) The right to receive a free copy of the initial incident report from the investigating law enforcement agency; except that the release of a document associated with the investigation is at the discretion of the law enforcement agency based on the status of the case or security and safety concerns in a correctional facility, local jail, or private contract prison as defined in section 17-1-102. The initial incident report must contain, at a minimum, the victim's name, the offender's name, the date of the crime, the charges, and a summary of the incident so the victim has sufficient detail to help the victim with, including but not limited to, insurance claims, employer intercession, protection orders, and landlord-tenant notification. The law enforcement agency may redact the names of other victims involved in the incident who are not related to the victim requesting the report and any personal identifying information, including but not limited to social security numbers, driver's license numbers, telephone numbers, e-mail addresses, and physical addresses related to parties or witnesses in the case. The investigating law enforcement agency shall notify the district attorney of the information the victim received in the incident report and when it was provided to the victim. The district attorney shall provide this information to any defendant involved in the case through the discovery process.
(c) (I) Except as otherwise provided in subsection (1)(c)(II) of this section:
(A) The right to be informed when a person who is accused or convicted of a crime against the victim is released or discharged from county jail; and
(B) The right to be informed when a person who is accused or convicted of a crime against the victim is released or discharged from custody other than county jail, is paroled, escapes from a secure or nonsecure correctional facility or program, absconds from probation or parole, or commits an unauthorized absence as described in section 18-8-208.2 (1).
(II) With respect to the release, discharge, or permanent transfer of a person from a county jail or correctional facility, the provisions of subparagraph (I) of this paragraph (c) shall apply when the person released, discharged, or permanently transferred is no longer within the care and control of the supervising law enforcement or correctional agency. The provisions of subparagraph (I) of this paragraph (c) shall not apply to the temporary transfer of the care and control of a person from a county jail or a correctional facility by the supervising law enforcement or correctional agency to another equally or more secure county jail or correctional facility, so long as the person will return to the care and control of the transferring supervisory agency.
isions of subparagraph (I) of this paragraph (c) shall not apply to the temporary transfer of the care and control of a person from a county jail or a correctional facility by the supervising law enforcement or correctional agency to another equally or more secure county jail or correctional facility, so long as the person will return to the care and control of the transferring supervisory agency.
(d) The right to be heard at any court proceeding:
(I) Involving the defendant's bond as specified in section 24-4.1-302 (2)(c). If there is a request to decrease or modify the bond or bond conditions, the court shall set a hearing pursuant to section 16-4-109 (1), and the district attorney shall notify the victim of the hearing.
(I.5) Involving a hearing for the disclosure of the name and identifying information of a child victim or child witness pursuant to section 24-72-304 (4.5)(a.5);
(II) At which the court accepts a plea of nolo contendere;
(III) At which the court accepts a negotiated plea agreement;
(IV) At which a person accused or convicted of a crime against the victim is sentenced or resentenced;
(V) At which the sentence of a person accused or convicted of a crime against the victim is modified;
(VI) At which the defendant requests a modification of the no contact provision of the mandatory criminal protection order pursuant to section 18-1-1001 or 19-2.5-607;
(VII) Involving any application to the court for the issuance of a subpoena for records concerning the victim's medical history, mental health, education, or victim compensation, or any other records that are privileged pursuant to section 13-90-107;
(VIII) Involving a petition for expungement as described in section 19-1-306;
(IX) Involving a hearing as described in section 24-31-902 (2)(c);
(X) Involving a hearing held pursuant to section 24-72-706, 24-72-709, or 24-72-710; or
(XI) Involving a hearing held pursuant to section 18-1.3-103.7 or 19-2.5-1118.5.
(d.5) (I) If a victim or a victim's designee is unavailable to be present for the critical stages described in subsection (1)(d) of this section and the victim or the victim's designee wishes to address the court, the right to request that the court, within the court's resources, arrange and provide the means for the victim and the victim's designee to provide input to the court beyond a written victim impact statement, which may include, but need not be limited to, appearing by phone, virtually by video or audio, or similar technology.
(II) For purposes of this paragraph (d.5), "unavailable" means that the victim or the victim's designee is physically unable to attend the court hearing, may sustain a financial hardship to attend the court hearing, is concerned for his or her safety if he or she attends the court hearing, may suffer significant emotional impact by attending the hearing, or is unavailable for other good cause.
(III) The victim or the victim's designee shall notify the district attorney within a reasonable time that the victim or the victim's designee is unavailable to attend the court hearing. The district attorney's office shall then inform the court that the victim or the victim's designee, due to the victim's or the victim's designee's unavailability, is requesting the court to arrange for and provide the means to address the court, which must include but need not be limited to appearing by phone, virtually by video or audio, or similar technology. The district attorney shall inform the victim or the victim's designee of the available options to appear remotely.
(IV) This subsection (1)(d.5) applies to a victim who is incarcerated or otherwise being held in a local county jail, the department of corrections, or the division of youth services in the department of human services, but is limited to participation by telephone or appearing virtually by video or audio, or similar technology.
or the victim's designee of the available options to appear remotely.
(IV) This subsection (1)(d.5) applies to a victim who is incarcerated or otherwise being held in a local county jail, the department of corrections, or the division of youth services in the department of human services, but is limited to participation by telephone or appearing virtually by video or audio, or similar technology.
(e) The right to consult with the prosecution after any crime against the victim has been charged, prior to any prefile or post filing diversion offer, prior to any disposition of the case, or prior to any trial of the case, and the right to be informed of the final disposition of the case. The right to consult with the prosecution must include an explanation to the victim of the possibility that the defendant may not serve the defendant's entire sentence in the department of corrections because the defendant may receive good time credits or earned time while incarcerated;
(e.2) The right to be informed if a district attorney grants early termination to an offender participating in a diversion program and the date of termination from the diversion program;
(f) The right to be informed by local law enforcement agencies, prior to the filing of charges with the court, or by the district attorney, after the filing of charges with the court, of the status of any case concerning a crime against the victim, and any scheduling changes or cancellations, if such changes or cancellations are known in advance;
(g) The right to be present at the sentencing hearing, including any hearing conducted pursuant to section 18-1.3-1201 or 18-1.4-102, C.R.S., for cases involving class 1 felonies, of any person convicted of a crime against such victim, and to inform the district attorney and the court, in writing, by a victim impact statement, and by an oral statement, of the harm that the victim has sustained as a result of the crime, with the determination of whether the victim makes written input or oral input, or both, to be made at the sole discretion of the victim;
(h) The right to have the court determine the amount, if any, of restitution to be paid to a victim pursuant to part 6 of article 1.3 of title 18, C.R.S., by any person convicted of a crime against such victim for the actual pecuniary damages that resulted from the commission of the crime;
(i) The right to be informed of the victim's right to pursue a civil judgment against any person convicted of a crime against the victim for any damages incurred by the victim as a result of the commission of the crime regardless of whether the court has ordered such person to make restitution to the victim;
(i.5) (Deleted by amendment, L. 2006, p. 645, § 4, effective July 1, 2006.)
(j) The right to be informed of any proceeding at which any postconviction release from confinement in a secure state correctional facility is being considered for any person convicted of a crime against the victim and the right to be present by appearing in person, by phone, or virtually by video or audio, or similar technology, and heard at any such proceeding or to provide written information. For purposes of this subsection (1), "proceeding" means reconsideration of sentence, a parole hearing, a full parole board review, revocation hearing, rescission hearing, commutation of sentence, or consideration for placement in the specialized program developed by the department of corrections pursuant to section 17-34-102.
ogy, and heard at any such proceeding or to provide written information. For purposes of this subsection (1), "proceeding" means reconsideration of sentence, a parole hearing, a full parole board review, revocation hearing, rescission hearing, commutation of sentence, or consideration for placement in the specialized program developed by the department of corrections pursuant to section 17-34-102.
(j.2) The right to be informed of any request for progression from the state mental health hospital on behalf of a person in its custody as a result of a criminal case involving the victim, and the right to be present by appearing in person, by phone, or virtually by video or audio, or similar technology, and heard at any hearing during which a court considers such a request. For purposes of this subsection (1)(j.2), "request for progression" includes any request for off-grounds or unsupervised privileges, community placement, conditional release, unconditional discharge, or a special furlough.
(j.3) The right to be notified of a referral of an offender to community corrections;
(j.5) (I) The right to provide a written victim impact statement that must be included with any referral made by the department of corrections or a district court to place an offender in a community corrections facility or program. A community corrections board may allow a victim to provide an oral statement by appearing in person, by phone, or virtually by video or audio, or similar technology, to the community corrections board when an offender is being considered for a direct sentence to community corrections and may place reasonable limits on the victim's oral statement.
(II) For purposes of this subsection (1)(j.5), the victim shall have the right to provide a separate oral statement by appearing in person, by phone, or virtually by video or audio, or similar technology, to the community corrections board considering a transitional referral, but the board shall have discretion to place reasonable parameters on the victim's oral statement. If a community corrections board denies the offender's referral to community corrections, the victim's right under this subsection (1)(j.5)(II) to provide an oral statement must not take effect.
(III) For purposes of this subsection (1)(j.5), if a victim or a victim's designee is unavailable to be present for a proceeding to consider an offender for a direct sentence or transitional referral to community corrections as described in subsection (1)(j.5)(I) of this section, and the victim or the victim's designee wishes to address the community corrections board, the victim or the victim's designee shall notify the community corrections board within a reasonable time that the victim is unavailable to attend the proceeding but would like to make a statement. Within its resources, the community corrections board shall arrange for and provide the means for the victim to address the board, which means may include, but need not be limited to, appearing in person, by phone, or virtually by audio or video, or similar technology.
(IV) For purposes of this subsection (1)(j.5), "unavailable" means the victim or the victim's designee is physically unable to attend the proceeding, may sustain a financial hardship to attend the proceeding, is concerned for his or her safety if he or she attends the proceeding, may suffer significant emotional impact by attending the proceeding, or is unavailable for other good cause.
(V) This subsection (1)(j.5) applies to a victim who is incarcerated or otherwise being held in a local county jail, the department of corrections, or the division of youth corrections in the department of human services but is limited to participation by appearing in person, by phone, or virtually by audio or video, or similar technology.
(j.7) The right, at the discretion of the district attorney, to view all or a portion of the presentence report of the probation department;
eing held in a local county jail, the department of corrections, or the division of youth corrections in the department of human services but is limited to participation by appearing in person, by phone, or virtually by audio or video, or similar technology.
(j.7) The right, at the discretion of the district attorney, to view all or a portion of the presentence report of the probation department;
(j.8) The right, upon request, to obtain any incident recording as described in section 24-31-902;
(k) The right to promptly receive any property that belongs to a victim and that is being held by a prosecutorial or law enforcement agency unless there are evidentiary reasons for the retention of such property;
(l) The right to be informed of the availability of financial assistance and community services for victims, the immediate families of victims, and witnesses, which assistance and community services shall include, but shall not be limited to, crisis intervention services, victim compensation funds, victim assistance resources, legal resources, mental health services, social services, medical resources, rehabilitative services, and financial assistance services, and the right to be informed about the application process for such services;
(l.5) The right to be informed about the possibility of restorative justice practices, as defined in section 18-1-901 (3)(o.5), C.R.S., which includes victim-offender conferences;
(m) The right to be informed about what steps can be taken by a victim or a witness, including information regarding protection services, in case there is any intimidation or harassment by a person accused or convicted of a crime against the victim, or any other person acting on behalf of the accused or convicted person;
(n) The right to be provided with appropriate employer intercession services to encourage the victim's employer to cooperate with the criminal justice system in order to minimize the loss of employment, pay, or other benefits resulting from a victim's court appearances or other required meetings with criminal justice officials;
(o) The right to be assured that in any criminal proceeding the court, the prosecutor, and other law enforcement officials will take appropriate action to achieve a swift and fair resolution of the proceedings;
(p) The right to be provided, whenever practicable, with a secure waiting area during court proceedings that does not require a victim or a witness to be seen or to be in close proximity to the person accused or convicted of a crime against the victim or such person's family or friends;
(q) The right to be informed when a person convicted of a crime against the victim is placed in or transferred to a less secure public or private correctional facility or program;
(q.5) The right to be informed of the results of a probation or parole revocation hearing;
(r) The right to be informed when a person who is or was charged with or convicted of a crime against the victim escapes or is permanently or conditionally transferred or released from any public hospital, private hospital, or state hospital;
(s) The right to be informed of any rights which the victim has pursuant to the constitution of the United States or the state of Colorado;
(t) The right to be informed of the process for enforcing compliance with this article pursuant to section 24-4.1-303 (17);
(u) The right to be informed of the results of any testing for a sexually transmitted infection that is ordered and performed pursuant to section 18-3-415, 25-4-408 (6), or 25-4-412, C.R.S.;
tim has pursuant to the constitution of the United States or the state of Colorado;
(t) The right to be informed of the process for enforcing compliance with this article pursuant to section 24-4.1-303 (17);
(u) The right to be informed of the results of any testing for a sexually transmitted infection that is ordered and performed pursuant to section 18-3-415, 25-4-408 (6), or 25-4-412, C.R.S.;
(v) The right to prevent any party at any court proceeding from compelling testimony regarding the current address, telephone number, place of employment, or other locating information of the victim unless the victim consents or the court orders disclosure upon a finding that a reasonable and articulable need for the information exists. Any proceeding conducted by the court concerning whether to order disclosure shall be in camera.
(w) The right to have the district attorney, a law enforcement agency, a probation department, a state or private correctional facility, the department of human services, or the Colorado mental health institute at Pueblo make all reasonable efforts to exclude or redact a victim's social security number or a witness' social security number from a criminal justice document or record created or compiled as a result of a criminal investigation when the document or record is released to anyone other than the victim, the defense attorney of record, the defense attorney's agent, or a criminal justice agency that has duties under this article;
(x) The right to be notified of how to request protection of their address pursuant to the Colorado rules of criminal procedure;
(y) The right to receive a copy of the victim impact statement form from the district attorney's office;
(z) The right to be notified of a hearing concerning any motion filed for or petition for sealing of records described in section 24-72-706 or 24-72-709 or 24-72-710 filed by a defendant in the criminal case whose crime falls under section 24-4.1-302 (1);
(aa) The right to be informed of the governor's decision to commute or pardon a person convicted of a crime against the victim before such information is publicly disclosed.
(1.6) The right to be informed of the existence of a criminal protection order pursuant to section 18-1-1001 or 19-2.5-607 and, upon request of the victim, information about provisions that may be added or modified, and the process for requesting such an addition or modification.
(2) Subsection (1) of this section shall not be construed to imply that any victim who is incarcerated by the department of corrections or any local law enforcement agency has a right to be released to attend any hearing or that the department of corrections or the local law enforcement agency has any duty to transport such incarcerated victim to any hearing.
(3) Municipalities and municipal courts shall be encouraged to adopt policies which afford the rights granted to crime victims pursuant to this section to crime victims at the municipal court level, to the extent the adoption of such policies is practicable in the particular municipality.
(4) (a) If a victim contacts a criminal justice agency regarding a crime that occurred before 1993, and the offender who committed the crime is currently serving a sentence for the crime, the victim may request notification of any future critical stages of the criminal proceedings. This provision does not require a criminal justice agency to proactively locate victims of crimes that occurred before 1993.
(b) If an arrest is made for a crime committed before 1993 that was previously unsolved, the appropriate criminal justice agency shall notify the crime victim of all future critical stages.
C.R.S. § 24-4.1-303 Procedures for ensuring rights of victims of crimes
24-4.1-303. Procedures for ensuring rights of victims of crimes. (1) Law enforcement agencies, prosecutorial agencies, judicial agencies, and correctional agencies shall ensure that victims of crimes are afforded the rights described in section 24-4.1-302.5.
(1.5) If a crime victim is deceased or incapacitated, as defined in section 24-4.1-302 (5), one or more people, as described in section 24-4.1-302 (6), may represent the interests of the victim as the victim's designee and may have the right to be informed, present, or heard at any proceeding pursuant to section 24-4.1-302.5 (1)(d), (1)(j), and (1)(j.5) and subsections (13.5)(a)(III), (13.5)(a)(IV), and (14)(d) of this section.
(2) All correctional officials shall keep confidential the address, telephone number, place of employment, or other personal information of such victim or members of such victim's immediate family.
(3) The district attorney's office, if practicable, shall inform the victim of any pending motion that may substantially delay the prosecution. The district attorney shall inform the court of the victim's position on the motion, if any. If the victim has objected, the court shall state in writing or on the record prior to granting any delay that the objection was considered.
(3.5) The district attorney's office, if practicable, shall inform the victim of any pending motion or decision by the district attorney to sequester the victim from a critical stage in the case. The district attorney shall inform the court of the victim's position on the motion or the district attorney's decision, if any. If the victim has objected, then the court, before granting the sequestration order, shall state in writing or on the record that the victim's objection was considered and state the basis for the court's decision. If a victim is sequestered, the district attorney must undertake best efforts to prioritize the timing of the victim's testimony and minimize the amount of time the victim is sequestered from the critical stages in the case.
(4) After a crime has been charged, or as part of a prefiling or post filing diversion offer, unless inconsistent with the requirements of investigative activities, the district attorney shall consult, if practicable, with the victim concerning the reduction of charges, negotiated pleas, diversion, dismissal, seeking of death penalty, or other disposition. The district attorney shall explain to the victim the possibility that the defendant may not serve the defendant's entire sentence in the department of corrections because the defendant may receive good time credits or earned time while incarcerated. Failure to comply with this subsection (4) does not invalidate any decision, agreement, or disposition. This subsection (4) must not be construed as a restriction on or delegation of the district attorney's authority under the constitution and laws of this state.
(5) All reasonable attempts shall be made to protect any victim or the victim's immediate family from harm, harassment, intimidation, or retaliation arising from cooperating in the reporting, investigation, and prosecution of a crime. Law enforcement officials and the district attorney shall provide reasonable efforts to minimize contact between the victim and the victim's immediate family and the defendant and the relatives of the defendant before, during, and immediately after a judicial proceeding. Whenever possible, a waiting area shall be provided that is separate in both proximity and sight from that of the defendant, the defendant's relatives, and any defense witnesses.
y shall provide reasonable efforts to minimize contact between the victim and the victim's immediate family and the defendant and the relatives of the defendant before, during, and immediately after a judicial proceeding. Whenever possible, a waiting area shall be provided that is separate in both proximity and sight from that of the defendant, the defendant's relatives, and any defense witnesses.
(6) (a) A victim or an individual designated by the victim may be present at all critical stages of a criminal proceeding regarding any crime against such victim unless the court or the district attorney determines that exclusion of the victim is necessary to protect the defendant's right to a fair trial or the confidentiality of juvenile proceedings. If the victim is present, the court, at the victim's request, may permit the presence of an individual to provide support to the victim.
(b) A victim may be present at the phase of the trial at which the defendant is determined to be guilty or not guilty and may be heard at such phase of the trial if called to testify by the district attorney, defense, or court if any such statement would be relevant.
(c) The court shall make all reasonable efforts to accommodate the victim upon the return of a verdict by the jury. If the court is informed by the district attorney that the victim is en route to the courtroom for the reading of the verdict, the court shall state on the record that it has considered the information provided by the district attorney prior to the return of the verdict by the jury.
(7) When a victim's property is no longer needed for evidentiary reasons, the district attorney or any law enforcement agency shall, upon request of the victim, return such property to the victim within five working days unless the property is contraband or subject to forfeiture proceedings.
(8) An employer may not discharge or discipline any victim or a member of a victim's immediate family for honoring a subpoena to testify in a criminal proceeding or for participating in the preparation of a criminal proceeding.
(9) The district attorney and any law enforcement agency shall inform each victim as to the availability of the following services:
(a) Follow-up support for the victim and the victim's immediate family in order to ensure that the necessary assistance is received by such persons;
(b) Services for child victims and elderly victims, and services for victims who are persons with disabilities, which are directed to the special needs of such victims;
(c) Referral to special counseling facilities and community service agencies by providing the names and telephone numbers of such facilities or agencies, whether public or private, which provide such services as crisis intervention services, victim compensation funds, victim assistance resources, legal resources, mental health services, social services, medical resources, rehabilitative services, financial assistance, and other support services;
(d) Transportation and household assistance to promote the participation of any victim or the victim's immediate family in the criminal proceedings;
(e) Assistance in dealing with creditors and credit reporting agencies to deal with any financial setbacks caused by the commission of a crime;
(f) Interpretation services and information printed in languages other than the English language;
(g) Child care services to enable a victim or the victim's immediate family to give testimony or otherwise participate in the prosecution of a criminal proceeding; and
nce in dealing with creditors and credit reporting agencies to deal with any financial setbacks caused by the commission of a crime;
(f) Interpretation services and information printed in languages other than the English language;
(g) Child care services to enable a victim or the victim's immediate family to give testimony or otherwise participate in the prosecution of a criminal proceeding; and
(h) The existence of a criminal protection order pursuant to section 18-1-1001 or 19-2.5-607 and, upon request of the victim, information about provisions that may be added or modified and the process for requesting such an addition or modification.
(10) (a) After the initial contact between a victim and a law enforcement agency responsible for investigating a crime, the agency shall promptly give the victim the following information in writing:
(I) A statement of the victim's rights as enumerated in this article;
(II) Information concerning the availability of victim assistance, medical, and emergency services;
(III) Information concerning the availability of compensatory benefits pursuant to this article and the name, address, and telephone number of any person to contact to obtain such benefits;
(IV) The availability of protection for the victim from the person accused of committing a crime against the victim, including protective court orders; and
(V) The right of a victim to request a copy of the law enforcement report and other documents related to the case, including the right to receive a free copy of the initial incident report. The release of any documents associated with the investigation is at the discretion of the law enforcement agency based on the status of the case.
(b) As soon as available, the law enforcement agency shall give to each victim, as appropriate, the following information:
(I) The business address and business telephone number of the office of the district attorney;
(II) The file number of the case and the name, business address, and business telephone number of any law enforcement officer assigned to investigate the case;
(III) Unless such information would be inconsistent with the requirements of the investigation, information as to whether a suspect has been taken into custody and, if known, whether the suspect has been released, any conditions imposed upon such release, and further notification that may be required pursuant to section 24-4.1-302.5 (1)(c);
(IV) Upon request of the victim, the law enforcement agency shall provide the victim in a cold case information concerning any change in the status of the case. In addition, the law enforcement agency shall provide an update at least annually to the victim concerning the status of a cold case involving one or more crimes for which the criminal statute of limitations is longer than three years.
(V) Any final decision not to file misdemeanor charges against a person accused of committing any crime specified in section 24-4.1-302 (1) against the victim unless law enforcement and the district attorney's office in a judicial district have developed a policy specifying the manner in which to inform victims of decisions not to file charges in a case.
(11) The district attorney shall inform a victim of the following:
ot to file misdemeanor charges against a person accused of committing any crime specified in section 24-4.1-302 (1) against the victim unless law enforcement and the district attorney's office in a judicial district have developed a policy specifying the manner in which to inform victims of decisions not to file charges in a case.
(11) The district attorney shall inform a victim of the following:
(a) The filing of charges against a person accused of committing any of the crimes specified in section 24-4.1-302 (1) against the victim, including an explanation of the charges when necessary; or a final decision not to file felony charges against a person for whom law enforcement has requested, pursuant to section 16-21-103 (2)(a), C.R.S., the filing of charges for any of the crimes specified in section 24-4.1-302 (1) committed against the victim unless law enforcement and the district attorney's office in a judicial district have developed a policy specifying the manner in which to inform victims of decisions not to file charges in a case;
(a.5) The charges to be filed, prior to filing of the charges, if the most serious charge to be filed is lower than the most serious charge for which the individual was arrested and the filing of the lower charge may result in the court issuing a new, lower bond;
(b) Any of the critical stages specified in section 24-4.1-302 (2)(a) to (2)(j), (2)(l), and (2)(u.5) of a criminal proceeding relating to a person accused of a crime against the victim; except that the district attorney shall not be obligated to inform the victim of any appellate review undertaken by the attorney general's office;
(b.3) Any hearing for the disclosure of the name and identifying information of a child victim or child witness pursuant to section 24-72-304 (4.5)(a.5);
(b.5) Any critical stage described in section 24-4.1-302 (2)(r.3) relating to a hearing concerning a petition for the expungement of juvenile records, which records concern an offense committed by the juvenile against the victim;
(b.7) Any motion filed, unless the motion is denied because the motion is either insufficient or the defendant is not entitled to relief, or any hearing concerning a motion or petition for sealing of records as described in section 24-72-706, 24-72-709, or 24-72-710 that was filed by a defendant in the criminal case and whose crime falls under section 24-4.1-302 (1). The notification should be made using the last-known contact information that is available for the victim.
(c) The assignment of any case regarding a crime against the victim, including the file number of such case and, if available, the name, business address, and business telephone number of any deputy district attorney assigned to the case, and the court room to which the case is assigned;
(d) The date, time, and place of any of the critical stages specified in section 24-4.1-302 (2)(a) to (2)(j) and (2)(l) of the proceeding;
(e) The availability of benefits pursuant to this article and the name, address, and telephone number of any person to contact to obtain such benefits;
(f) The availability of transportation to and from any court proceeding for any victim, except as provided in section 24-4.1-302.5 (2);
(g) The availability of restorative justice practices, as defined in section 18-1-901 (3)(o.5), C.R.S., which includes victim-offender conferences;
(h) The right to complete a written victim impact statement. The victim has the option to complete the statement on a form provided by the district attorney's office. The district attorney shall inform the victim that the defendant has a right to view the victim impact statement.
(i) The availability of the district attorney to seek a court order to protect a victim's residential address.
(12) Unless a victim requests otherwise, the district attorney shall inform each victim of the following:
the statement on a form provided by the district attorney's office. The district attorney shall inform the victim that the defendant has a right to view the victim impact statement.
(i) The availability of the district attorney to seek a court order to protect a victim's residential address.
(12) Unless a victim requests otherwise, the district attorney shall inform each victim of the following:
(a) The function of a presentence report, including the name and telephone number of the probation office preparing any such report regarding a person convicted of a crime against the victim, and the right of a victim, or a member of the victim's immediate family, to make a victim impact statement pursuant to this article;
(b) The defendant's right to view the presentence report and the victim impact statement;
(c) The date, time, and location of any sentencing or resentencing hearing;
(d) The right of the victim, or a member of the victim's immediate family, to attend and to express an opinion at the sentencing hearing as to the appropriateness of any sentence proposed to the court for consideration;
(e) Any sentence imposed;
(f) (I) The date, time, and location of any hearing for modification of a sentence pursuant to rule 35 (a) or rule 35 (b) of the Colorado rules of criminal procedure or any provision of state or federal law; except that a district attorney is not required to inform each victim of a resentencing following a probation revocation hearing or a request for early termination of probation. For both probation revocation hearings and requests for early termination, it is the responsibility of the probation department to notify the victim if the victim has requested post-sentencing notification.
(II) If a hearing is not scheduled and the court has reviewed a written motion for modification of sentence and is considering granting any part of the motion without a hearing, the court shall inform the district attorney, and the district attorney shall notify and receive input from the victim to give to the court before the court rules on the motion.
(III) If the court has reviewed and denied the written motion without a hearing, the district attorney is not required to notify the victim regarding the filing of or ruling on the motion.
(IV) This paragraph (f) does not modify the probation department's responsibility to notify a victim that has opted to receive notifications described in subsection (13.5) of this section.
(f.5) Any motion to modify the terms and conditions of an unsupervised deferred sentence for which the district attorney's office is the monitoring agency. The procedures for notifying victims outlined in subparagraphs (I) and (II) of paragraph (f) of this subsection (12) apply to the district attorney and the court with regard to this motion.
(g) The right to receive information from correctional officials concerning the imprisonment and release of a person convicted of a crime against the victim pursuant to subsection (14) of this section;
(g.5) The right to receive information from the state mental health hospital concerning the custody and release of an offender who was ordered by a court into the hospital's custody pursuant to subsection (14.2) of this section;
(h) The right to receive information from the probation department concerning information outlined in subsection (13.5) of this section regarding a person convicted of a crime against the victim;
e information from the state mental health hospital concerning the custody and release of an offender who was ordered by a court into the hospital's custody pursuant to subsection (14.2) of this section;
(h) The right to receive information from the probation department concerning information outlined in subsection (13.5) of this section regarding a person convicted of a crime against the victim;
(i) The decision, whether by court order, stipulation of the parties, or otherwise, to conduct postconviction DNA testing to establish the actual innocence of the person convicted of a crime against the victim. If court proceedings are initiated based on the results of the postconviction DNA testing, the victim shall be notified of the court proceedings by the district attorney's office that filed and prosecuted the charges resulting in the entry of the judgment of conviction challenged by the defendant. If the attorney general's office is the agency that decides to conduct postconviction DNA testing, the attorney general's office is responsible for notifying the victim.
(j) The right to be informed of a request for progression from the state mental health hospital on behalf of a person in its custody as a result of a criminal case involving the victim.
(13) If a person convicted of a crime against the victim seeks appellate review or attacks the conviction or sentence, the district attorney or the office of the attorney general, whichever is appropriate, shall inform the victim of the status of the case and of the decision of the court.
(13.5) (a) Following a sentence to probation and upon the written request of a victim, the probation department shall notify the victim of the following information regarding any person who was charged with or convicted of a crime against the victim:
(I) The location and telephone number of the probation department responsible for the supervision of the person;
(II) The date of the person's termination from probation supervision;
(III) Any request for release of the person in advance of the person's imposed sentence or period of probation, including notification of the victim's right to be present and heard at the hearing and notification of the results of such a hearing pursuant to section 24-4.1-302.5 (1)(d). If a hearing is not scheduled and the court has reviewed a written motion for early termination of probation and is considering granting the motion without a hearing, the court shall inform the probation department and the district attorney's office, and the probation department shall notify and receive input from the victim to give to the court before the court rules on the motion. If the court has reviewed and denied such a request without a hearing, the probation department is not required to notify the victim regarding the filing of or ruling on the request.
(IV) Any probation revocation or modification hearing at which the person's sentence may be reconsidered or modified and any changes in the scheduling of the hearings, including notification of the victim's right to be present and heard at the hearing and notification of the results of such a hearing pursuant to section 24-4.1-302.5 (1)(d). If a hearing is not scheduled and the court has reviewed a written motion for modification of sentence and is considering granting any part of the motion without a hearing, the court shall inform the probation department and the district attorney's office, and the probation department shall notify and receive input from the victim to give to the court before the court rules on the motion. If the court has reviewed and denied the written motion without a hearing, the probation department is not required to notify the victim regarding the filing of or ruling on the motion.
court shall inform the probation department and the district attorney's office, and the probation department shall notify and receive input from the victim to give to the court before the court rules on the motion. If the court has reviewed and denied the written motion without a hearing, the probation department is not required to notify the victim regarding the filing of or ruling on the motion.
(V) Any motion filed by the probation department requesting permission from the court to modify the terms and conditions of probation as described in section 18-1.3-204 or 19-2.5-1108 if the motion has not been denied by the court without a hearing;
(V.5) Any change of venue, transfer of probation supervision from one jurisdiction to another, or interstate compact transfer of probation supervision;
(VI) Any complaint, summons, or warrant filed by the probation department;
(VII) The death of the person while under the jurisdiction of the probation department;
(VIII) Concerning domestic violence cases, any conduct by the probationer that results in an increase in the supervision level by the probation department; and
(IX) Any court-ordered modification of the terms and conditions of probation as described in section 18-1.3-204 or 19-2.5-1108.
(b) Repealed.
(14) Upon receipt of a written victim impact statement as provided in section 24-4.1-302.5 (1)(j.5), the department of corrections shall include the statement with any referral made by the department of corrections or a district court to place an offender in a public or private community corrections facility or program. The department of corrections or the public or private local corrections authorities shall notify the victim of the following information regarding any person who was charged with or convicted of a crime against the victim:
(a) The institution in which such person is incarcerated or otherwise being held;
(b) The projected date of such person's release from confinement;
(c) Any release of such person on furlough or work release or to a community correctional facility or other program, or statutory discharge in advance of such release;
(d) Any scheduled parole hearings or full parole board reviews regarding the person and any changes in the scheduling of such hearings, including notification of the victim's right to be present and heard at such hearings;
(e) Any escape or unauthorized absence as described in section 18-8-208.2 (1) by such person, or transfer or release from any state hospital, a detention facility, a correctional facility, a community correctional facility, or other program, and any subsequent recapture of such person;
(f) Repealed.
(g) The transfer to or placement in a nonsecured facility of a person convicted of a crime, any release or discharge from confinement of the person, and any conditions attached to the release;
(h) The death of the person while in custody or while under the jurisdiction of the state of Colorado concerning the crime;
(i) The transition of the person from a residential facility to a nonresidential setting;
(j) Any decision by the parole board and any decision by the governor to commute the sentence of the person or pardon the person; and
(k) The date, time, and location of a scheduled execution.
(14.1) The Colorado mental health institute at Pueblo, or the Colorado mental health institute at Fort Logan, as may be applicable, shall notify the victim of the following information regarding any person who was charged with or convicted of a crime against the victim:
(a) The institution in which the person resides;
(b) Any release of the person on furlough or other program, in advance of such release;
(c) Any other transfer or release from the state hospital;
(d) Any escape by the person and any subsequent recapture of the person; and
e victim of the following information regarding any person who was charged with or convicted of a crime against the victim:
(a) The institution in which the person resides;
(b) Any release of the person on furlough or other program, in advance of such release;
(c) Any other transfer or release from the state hospital;
(d) Any escape by the person and any subsequent recapture of the person; and
(e) The death of the person while in custody or while under the jurisdiction of the state.
(14.2) Upon receipt of a written statement as provided in section 24-4.1-302.5 (1)(j.5), the department of human services, division of youth services, shall include the statement with any referral made by the department of human services or a district court to place an offender in a public or private community corrections facility or program. The department of human services and any state hospital shall notify the victim of the following information regarding any person who was charged with or adjudicated of a crime against the victim:
(a) The institution in which such person is incarcerated or otherwise being held;
(b) The projected date of such person's release from confinement;
(c) Any release of such person on furlough or work release or to a community correctional facility or other program, in advance of such release;
(d) Repealed.
(e) Any escape or unauthorized absence as described in section 18-8-208.2 (1) by the person, or transfer or release from any state hospital, a detention facility, a correctional facility, a community correctional facility, parole supervision, or other program, and any subsequent recapture of the person;
(f) Any decision by the governor to commute the sentence of the person or pardon the person;
(g) The transfer to or placement in a nonsecured facility of a person adjudicated of a crime, any release or discharge from the sentence of the person, and any conditions attached to the release;
(h) The death of the person while in custody or while under the jurisdiction of the state;
(i) Any request by the department of human services to the juvenile court to modify the sentence to commitment and any decision by the juvenile court to modify the sentence to commitment; and
(j) Any placement change that occurs during the person's parole that may affect the victim's safety, as determined by the division of youth services.
(14.3) The juvenile parole board shall notify the victim of the following information regarding any person who was charged with or adjudicated of an offense against the victim:
(a) Any scheduled juvenile parole hearings pursuant to sections 19-2.5-1203 and 19-2.5-1206 regarding the person, any change in the scheduling of such a hearing in advance of the hearing, the victim's right to be present and heard at such hearings, the results of any such hearing, any parole decision to release the person, and the terms and conditions of any such release; and
(b) and (c) (Deleted by amendment, L. 2022.)
le parole hearings pursuant to sections 19-2.5-1203 and 19-2.5-1206 regarding the person, any change in the scheduling of such a hearing in advance of the hearing, the victim's right to be present and heard at such hearings, the results of any such hearing, any parole decision to release the person, and the terms and conditions of any such release; and
(b) and (c) (Deleted by amendment, L. 2022.)
(d) Any discharge from juvenile parole.
(14.4) The court or its designee, pursuant to section 18-3-415, C.R.S., shall disclose the results of any testing for a sexually transmitted infection that is ordered and performed pursuant to section 18-3-415, 25-4-408 (6), or 25-4-412, C.R.S., to any victim of a sexual offense in the case in which the testing was ordered. Disclosure of diagnostic test results must comply with the requirements of section 25-4-410 (2), C.R.S.
(14.5) (a) At any proceeding specified in section 24-4.1-302.5 (1)(d), the court shall inquire whether the victim is present and wishes to address the court. The court shall advise the victim of his or her right to address the court regarding issues relevant to the case.
(a.5) A party issuing a subpoena pursuant to rule 17 of the Colorado rules of criminal procedure for the production of the privileged records of a victim pursuant to section 13-90-107 or a subpoena requesting the compensation records of a victim pursuant to section 24-4.1-107.5 shall file with the court and serve on any opposing party:
(I) A copy of the subpoena;
(II) A certificate stating that the party has a good-faith belief that there is a lawful basis for issuing the subpoena;
(III) A copy of the written notice served on recipients that advises that a party may not release records until the court orders the release of the records at a hearing and that a party may only provide the records to the court if the court orders the party to release the records; and
(IV) A motion stating the party's lawful basis for the subpoena and, if subject to a claim of privilege pursuant to section 13-90-107, a good-faith claim that the victim has expressly or impliedly waived any privilege to allow the court to properly receive the records.
(b) (I) At a proceeding specified in section 24-4.1-302.5 (1)(d)(VII), after considering all relevant evidence, the court shall quash any subpoena and shall not receive any records protected by privilege pursuant to section 13-90-107 unless the court finds, based upon evidence, that a victim expressly or impliedly waived the statutory privilege. In considering whether to receive and release any records relating to the victim, the court shall determine whether:
(A) There is a reasonable likelihood that the subpoenaed records exist;
(B) The subpoenaed records are evidentiary and relevant;
(C) The subpoenaed records cannot be reasonably procured in advance of the trial despite due diligence;
(D) The party cannot properly prepare for trial without production and inspection of the subpoenaed records, and failure to inspect the subpoenaed records in advance may unreasonably delay the trial; and
(E) The application to review the subpoenaed records is made in good faith.
(II) If the court conducts a hearing on the application for the issuance of subpoenaed records, the court shall proceed only after input from the victim, unless the victim is unavailable and the court finds that the district attorney notified the victim or made all reasonable efforts to notify the victim.
(III) If after the hearing, the court orders the production of records, the court shall enter orders to set a timeline of no less than seven days for the party to arrange production of the records to the court; except that the court may order production in less than seven days to avoid the delay of a jury trial.
ict attorney notified the victim or made all reasonable efforts to notify the victim.
(III) If after the hearing, the court orders the production of records, the court shall enter orders to set a timeline of no less than seven days for the party to arrange production of the records to the court; except that the court may order production in less than seven days to avoid the delay of a jury trial.
(c) The court shall inform the probation department and the district attorney's office before any hearing regarding any request by the probationer for early termination of probation or any change in the terms and conditions of probation.
(d) The court shall provide the victim or the victim's designee with translation or interpretation services as needed during all critical stages of the hearing. The victim or the victim's designee shall notify the district attorney within a reasonable time that the victim or the victim's designee needs an interpreter for the critical stages of the hearing. The district attorney's office shall inform the court that the victim or victim's designee requests that the court arrange for translation or interpretation services.
(e) The court shall require the defendant to be present by appearing in person, by phone, or virtually by audio or video, or similar technology, during the sentencing hearing to hear the victim's impact statement, unless the court excludes the defendant.
(14.7) (a) The court or its designee shall ensure that victim information be provided to any entity responsible for victim notification after the defendant is sentenced.
(b) The court shall notify the victim of petitions or motions filed to cease sex offender registration pursuant to sections 16-22-103 (5) and 16-22-113 (2) and (2.5).
(14.9) (a) If, in a case of an alleged sex offense that has not resulted in a conviction or plea of guilty or when a law enforcement report or a medical report is filed pursuant to section 12-240-139 (1)(b)(I), the law enforcement agency, the Colorado bureau of investigation, or the accredited crime laboratory with custody of forensic medical evidence wants to destroy the evidence, it shall notify the victim at least sixty days prior to the destruction of the forensic medical evidence.
(b) When a victim objects to the destruction of forensic medical evidence after receiving notice pursuant to subsection (14.9)(a) of this section, the law enforcement agency, the Colorado bureau of investigation, or the accredited crime laboratory shall retain the forensic medical evidence for an additional ten years.
(15) (a) Unless specifically stated otherwise, the requirements of this section to provide information to the victim may be satisfied by either written, electronic, or oral communication with the victim or the victim's designee. The person responsible for providing the information shall do so in a timely manner and advise the victim or the victim's designee of any significant changes in the information. The victim or the victim's designee shall keep appropriate criminal justice authorities informed of the name, address, electronic mail address, if available, and telephone number of the person to whom the information should be provided, and any changes of the name, address, electronic mail address, and telephone number.
(a.5) A victim who turns eighteen years of age has the right to request notification from a criminal justice agency and to become the primary point of contact. The designee for the victim shall also continue to receive notifications if the designee has requested notification; except that the notifying agency has the discretion to notify only the victim if the victim so requests or if the agency deems that extenuating and documentable circumstances justify discontinuing notification to the victim's designee. The right of a victim's designee to address the court remains in effect even if the victim requests notification from a criminal justice agency.
ested notification; except that the notifying agency has the discretion to notify only the victim if the victim so requests or if the agency deems that extenuating and documentable circumstances justify discontinuing notification to the victim's designee. The right of a victim's designee to address the court remains in effect even if the victim requests notification from a criminal justice agency.
(b) An agency that is required to notify a victim under this part 3 shall make reasonable attempts to contact the victim or the victim's designee by mail, electronic communication, if the victim or the victim's designee has provided an electronic mail address, and by telephone. If the victim or the victim's designee does not provide the agency with a forwarding address, electronic mail address, and telephone number and the agency is unable to locate the victim or the victim's designee after reasonable attempts have been made to contact the victim or the victim's designee, the agency shall be deemed to have met its obligation under this part 3 and shall not be required to notify the victim or victim's designee until the victim or victim's designee provides the agency with the current address, electronic mail address, if available, and telephone of the victim and the name of the victim's current designee, if applicable.
(c) An agency that is required to notify a victim under this part 3 may use an automated victim notification system.
(d) Using recommendations from victim advocates, the person responsible for providing information pursuant to this section shall ensure the information required is in plain and easy-to-understand language. To the extent practicable, any written or electronic notice must ensure that information about the release, discharge, transfer, parole, escape, abscondence, or unauthorized absence of a person accused or convicted of a crime against the victim is presented prominently and in a manner intended to increase the likelihood of the victim's attention to the notice.
(16) A defendant or person accused or convicted of a crime against the victim shall have no standing to object to any failure to comply with this article.
(17) Any affected person, except as provided in subsection (16) of this section, may enforce compliance with this article by notifying the crime victim services advisory board created in section 24-4.1-117.3 (1) of any noncompliance with this article. The crime victim services advisory board shall review any report of noncompliance, and, if the board determines that the report of noncompliance has a basis in fact and cannot be resolved, the board shall refer the report of noncompliance to the governor, who shall request that the attorney general file suit to enforce compliance with this article. A person, corporation, or other legal entity shall not be entitled to claim or to receive any damages or other financial redress for any failure to comply with this article.
(18) The district attorney, a law enforcement agency, a probation department, a state or private correctional facility, the department of human services, or the Colorado mental health institute at Pueblo shall make all reasonable efforts to exclude or redact a victim's social security number or a witness' social security number from any criminal justice document or record created or compiled as a result of a criminal investigation when the document or record is released to anyone other than the victim, a criminal justice agency that has duties under this article, or the attorney for the defendant.
C.R.S. § 24-4.1-304 Child victim or witness - rights and services
24-4.1-304. Child victim or witness - rights and services. (1) In addition to all rights afforded to a victim or witness under section 24-4.1-302.5, law enforcement agencies, prosecutors, and judges are encouraged to designate one or more persons to provide the following services on behalf of a child who is involved in criminal proceedings as a victim or a witness:
(a) To explain, in language understood by the child, all legal proceedings in which the child will be involved;
(b) To act, as a friend of the court, to advise the judge, whenever appropriate, of the child's ability to understand and cooperate in any court proceeding;
(c) To assist the child and the child's family in coping with the emotional impact of the crime and any subsequent criminal proceeding in which the child is involved;
(d) To advise the district attorney concerning the ability of a child witness to cooperate with the prosecution and concerning the potential effects of the proceeding on the child.
C.R.S. § 24-4.1-305 Disclosure by agent of defense-initiated victim outreach required - definition
24-4.1-305. Disclosure by agent of defense-initiated victim outreach required - definition. (1) When any person attempting defense-initiated victim outreach contacts any victim of any crime, the person shall immediately provide full and unambiguous disclosure of:
(a) The person's legal name; and
(b) The fact that the person is acting as an agent for the person accused of the crime or for the defense team of such person.
(2) (a) As used in this section, unless the context requires otherwise, "defense-initiated victim outreach" means any effort by the defense team, including but not limited to a victim liaison, victim outreach specialist, social worker, investigator, or other individual, to directly or indirectly contact a victim or a victim's family member on behalf of the defendant or defense counsel.
(b) The definition in paragraph (a) of this subsection (2) does not require the identified members of a defense team to comply with any guidelines or standards promulgated by any professional defense-initiated victim outreach organization.
C.R.S. § 24-4.1-401 Definitions
24-4.1-401. Definitions. As used in this part 4, unless the context otherwise requires:
(1) "Certification form" or "certification" means the federal form I-918, supplement B, "U Nonimmigrant Status Certification", or any successor form, required under 8 U.S.C. sec. 1184 (p)(1) and 8 CFR 214.14 (c)(2)(i) and as defined under 8 CFR 214.14 (a)(12), which confirms that the petitioner is a victim of qualifying criminal activity and has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the qualifying criminal activity of which the petitioner is a victim.
(2) "Certifying agency" or "agency" has the same meaning as defined in 8 CFR 214.14 (a)(2) and includes but is not limited to:
(a) A state or local law enforcement agency;
(b) The office of a district, county, or city attorney;
(c) A court;
(d) The office of the attorney general;
(e) Any other agency that is responsible for the detection, investigation, or prosecution of a qualifying crime or criminal activity; or
(f) Entities that have criminal detection or investigative jurisdiction in their respective areas of expertise, including but not limited to a county department of human or social services and the department of labor and employment.
(3) "Certifying official" has the same meaning as defined in 8 CFR 214.14 (a)(3) and includes but is not limited to:
(a) The head of the certifying agency;
(b) A person in a supervisory role who has been specifically designated by the head of a certifying agency to issue certifications on behalf of that agency; or
(c) A judge or magistrate.
(4) "Qualifying criminal activity" has the same meaning as defined in 8 CFR 214.14 (a)(9), including any activity that constitutes a crime as defined pursuant to Colorado law, regardless of the statutory language or title used pursuant to Colorado law, for which the nature and elements of the offenses are substantially similar to the general categories of offenses enumerated in 8 U.S.C. sec. 1101 (a)(15)(U), or any other similar criminal activities, and the attempt, conspiracy, or solicitation to commit any of those offenses.
(5) "Victim of qualifying criminal activity" or "victim" has the same meaning as defined in 8 CFR 214.14 (a)(14) and includes an individual who has suffered direct and proximate harm as a result of the commission of qualifying criminal activity, including direct victims; indirect victims, as defined under 8 CFR 214.14 (a)(14)(i), regardless of the direct victim's immigration or citizenship status; and bystander victims, as recognized under the federal register at 72 FR 53016.
C.R.S. § 24-4.1-402 Immigration certification forms - completion deadlines
24-4.1-402. Immigration certification forms - completion deadlines. (1) For the time period of September 1, 2021, through June 30, 2022, and except as provided in subsection (2) of this section, a certifying agency shall process and either sign or decline to sign a certification form within one hundred twenty days after receipt of a request.
(2) For the time period of September 1, 2021, through June 30, 2022, a certifying agency shall process and either sign or decline to sign a certification form within sixty days after receipt of a request if:
(a) The requestor provides documentation that he or she is in federal immigration removal proceedings; or
(b) The requestor provides documentation that one or more children, parents, or siblings of the requestor would become ineligible for U nonimmigrant status by virtue of age within sixty business days after the date that the certifying official receives the certification form request.
(3) On and after July 1, 2022, and except as provided in subsection (4) of this section, a certifying agency shall process and either sign or decline to sign a certification form within ninety days after receipt of a request.
(4) On and after July 1, 2022, a certifying agency shall process and either sign or decline to sign a certification form within thirty days after receipt of a request if:
(a) The requestor provides documentation that he or she is in federal immigration removal proceedings; or
(b) The requestor provides documentation that one or more children, parents, or siblings of the requestor would become ineligible for U nonimmigrant status by virtue of age within sixty business days after the date that the certifying official receives the certification form request.
C.R.S. § 24-4.1-403 Certification forms - signature requirement - limitation on factors for consideration
24-4.1-403. Certification forms - signature requirement - limitation on factors for consideration. (1) Upon request, a certifying official from a certifying agency shall execute and sign the certification form when it is determined that the victim:
(a) Was a victim of qualifying criminal activity; and
(b) Has been helpful, is being helpful, or is likely to be helpful to the detection, investigation, or prosecution of that qualifying criminal activity.
(2) (a) For purposes of determining helpfulness pursuant to subsection (1)(b) of this section, a victim is helpful, has been helpful, or is likely to be helpful to the detection, investigation, or prosecution of that qualifying criminal activity if there is no documentation that the victim refused or failed to provide assistance reasonably requested by law enforcement.
(b) A certifying agency's inability to communicate with a victim due to the victim's language must not be considered a refusal or failure to provide assistance.
(3) The certifying agency shall not consider any other factors in deciding whether to sign the certification form, except whether the individual was a victim of qualifying criminal activity and the victim's helpfulness, as specified in subsection (1) of this section.
(4) If a certifying official or agency signs the certification form, the official or agency shall return the signed certification form to the requestor, along with, free of charge, relevant pages of offense reports related to the qualifying criminal activity subject to release by law, unless already provided by another agency. The timing of release of such reports for open investigations or prosecutions is subject to the certifying agency's discretion.
(5) The certifying agency is neither a sponsor nor a decision-maker in the granting of a U visa. A certifying official's completion of a certification form is not sufficient evidence that an applicant for a U visa has met all eligibility requirements and does not guarantee that the victim will receive a U visa. It is the exclusive responsibility of federal immigration officials to determine whether a person is eligible for a U visa. Completion of a certification form by a certifying official merely verifies factual information relevant for federal immigration officials to determine eligibility for a U visa. By completing a certification form, the certifying official attests that the information is true and correct to the best of the certifying official's knowledge.
(6) More than one victim may be identified and provided with certification, depending upon the circumstances.
(7) If a certifying official or agency declines to sign the certification form, the official or agency shall, in writing, notify the requestor of the reason or reasons for the denial within the times set forth in section 24-4.1-402. The denial notification must contain a detailed explanation of the reason or reasons for the denial, consisting of one of the following:
(a) Lack of jurisdiction over the certification form request due to the certifying agency not having been involved in the detection, investigation, or prosecution of the qualifying criminal activity;
(b) The requestor was not a victim of qualifying criminal activity; or
(c) Lack of helpfulness, including documented instances of failure or refusal to comply with reasonable requests for assistance.
(8) Upon receiving notice that a request for a certification form pursuant to this section is denied, a requestor may provide supplemental information to the certifying agency and request that the certification form denial be reviewed by the certifying agency.
(9) A requestor may seek a subsequent certification from the same certifying agency or may seek certification from multiple certifying agencies.
C.R.S. § 24-4.1-404 Prohibition on disclosure of victim's immigration status
24-4.1-404. Prohibition on disclosure of victim's immigration status. A certifying agency is prohibited from disclosing the personal identifying information or immigration status of a victim or person requesting the certification except to comply with federal or state law or process.
C.R.S. § 24-4.1-405 Duty to inform victims
24-4.1-405. Duty to inform victims. Certifying agencies shall provide information regarding the U visa and the agency's procedures for certification to victims.
C.R.S. § 24-4.1-406 Reports
24-4.1-406. Reports. (1) On or before September 1, 2022, and on or before each March 1 thereafter, a certifying agency that receives a request for a certification shall report to the division of criminal justice in the department of public safety on an annual basis and in aggregate form, subject to the restrictions set forth in section 24-4.1-404, the following:
(a) The number of requests for certification received;
(b) The number of certifications that were signed;
(c) The total number that were denied;
(d) The number of certifications that were denied for each reason specified pursuant to section 24-4.1-403 (7); and
(e) The number of decisions that fell outside the prescribed completion deadlines.
(2) The division shall make the reports available to the public upon request.
C.R.S. § 24-4.1-501 Definitions
24-4.1-501. Definitions. As used in this part 5, unless the context otherwise requires:
(1) "Brain injury" has the same meaning as set forth in section 26-1-301.
(2) "Entity" means a state organization or other organization that would contract with the state to run a pilot program, as described in section 24-4.1-502.
(3) "Office" means the office for victims programs in the division of criminal justice in the department of public safety.
(4) "Pilot program" means the victims of a violent crime brain injury pilot program described in section 24-4.1-502.
(5) "Task force" means the victims of a violent crime brain injury task force created in section 24-4.1-502.
(6) "Victim of a violent crime" or "victim" means a person who was the victim of a crime in which physical force was used against that person. It is the intent of the general assembly that this definition of the term "victim of a violent crime" or "victim" only applies to this part 5 and does not apply to any other provision of the laws of the state of Colorado that refer to the term "victim of a violent crime" or "victim".
C.R.S. § 24-4.1-502 Victims of a violent crime brain injury task force - established - duties - membership - report - repeal
24-4.1-502. Victims of a violent crime brain injury task force - established - duties - membership - report - repeal. (1) On or before August 1, 2022, the office for victims programs shall establish the victims of a violent crime brain injury task force. The purpose of the task force is to develop a plan for the creation and implementation of a pilot program for identification, screening, support, and services of victims of violent crimes for brain injury and providing those who screen positive the appropriate support and services. At a minimum, the plan must include:
(a) Identification of the type of entity or entities best suited to conduct a pilot program;
(b) A process for selecting the entity or entities that would run a pilot program;
(c) Identification of the staff position or positions in the entity that ultimately participates in a pilot program that will be responsible for identifying victims with possible brain injuries, and the training requirements for such positions;
(d) Procedures for identifying and screening individual victims for possible brain injuries;
(e) Procedures for scheduling or referring each victim who screens positive for brain injuries for a neuropsychological assessment;
(f) Collection of statistical information, including rate of brain injury among different population groups, rate of causes of brain injuries, and other statistics as determined by the task force;
(g) Explanation of necessary actions to implement a pilot program, including an application and selection process for the final participating entity;
(h) Guidelines for selecting a contractor if the design includes contract services;
(i) Procedures for evaluating the success of the pilot program, once established;
(j) Criteria for determining if the pilot program, if established, should be expanded statewide; and
(k) Procedures for establishing education and outreach programs.
(2) On or before August 1, 2022, the office shall appoint the following persons to serve on the task force:
(a) A representative from the office;
(b) A representative from an entity that has expressed an interest in participating in a pilot program;
(c) A person who represents a statewide organization representing district attorneys, to be designated by the Colorado district attorneys' council;
(d) A person who represents a legal advocacy group;
(e) A person who represents an advocacy group for victims of violent crime;
(f) A person who represents victim advocates in law enforcement or the criminal justice system;
(g) A person who represents community-based victim advocates;
(h) A person who represents the brain injury trauma unit of a medical facility;
(i) A person who is a registered forensic nurse examiner in Colorado;
(j) Two victims who have experienced brain injuries as a result of a violent crime;
(k) Two research professionals who work in areas that include brain injury;
(l) A person who represents a statewide organization representing chiefs of police;
(m) A person who represents a statewide organization representing county sheriffs;
(n) A representative from the department of human services; and
ado;
(j) Two victims who have experienced brain injuries as a result of a violent crime;
(k) Two research professionals who work in areas that include brain injury;
(l) A person who represents a statewide organization representing chiefs of police;
(m) A person who represents a statewide organization representing county sheriffs;
(n) A representative from the department of human services; and
(o) A person who represents an organization specializing in delivering brain injury services.
(3) In selecting members of the task force, preference must be given to persons who have served on the brain injury support in the criminal justice system task force, created in section 26-1-312.
(4) The members of the task force shall serve on a voluntary basis without compensation, but are entitled to compensation for actual and necessary expenses incurred in the performance of the task force member's duties.
(5) On or before January 1, 2023, the task force shall complete its final plan and submit it to the judiciary committees of the senate and the house of representatives, the health and human services committee of the senate, and the public health and human services and behavioral health committee of the house of representatives, or any successor committees.
(6) This section is repealed, effective June 30, 2026.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.docxFetched: 10/6/2026