Test Page

A The following is a summary of the rights guaranteed by the Victim Rights Act (For a complete listing of your rights, please refer to Colorado Revised Statutes 24-4.1-301 through 24-4.1-304 at http://dcj.ovp.state.co.us):

• To be treated with fairness, respect, and dignity and to be free from intimidation, harassment, or abuse;

• To be informed of all “critical stages” of the criminal justice process (victims of crime must request notification, in writing, for probation critical
   stages);

• To be present at specified critical stages in the criminal
   justice process;

• To be informed about what steps can be taken including
   information about protection services, if there is any
   intimidation or harassment by a person accused or
   convicted of a crime or anyone acting on that person’s
   behalf;

• To be present and heard regarding bond reduction
   or modification, a subpoena for the victim’s records,
   acceptance of a plea agreement, sentencing or
   modification of a sentence, any request modification to
   the “no contact” provision or criminal protection order or
   the petition for expungement;

• To be heard by phone or similar technology when a
   victim cannot appear in court;

• To be informed of the existence of the criminal
   protection order and upon request of the victim,
   the procedure for modifying the protection order if a
   procedure exists;

• 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;

• To have the victim’s social security number redacted or
  excluded from criminal justice documents when records
  are released to someone other than the victim, a criminal
  justice agency, or the defendant’s attorney of record;

• To be informed of the process the district attorney can
  use to request protection of the victim’s address (the
  court may or may not grant the request);

• To consult with the district attorney prior to any
  disposition of the case or before the case goes to trial and
  to be informed of the final disposition of the case;

• To be informed of the status of the case and any
  scheduling changes or cancellations, if known in
  advance;

• To receive and prepare a victim impact statement and to
  be present and/or heard at the sentencing hearing;

• To have the court determine restitution and to be
  informed of the right to pursue a civil judgment against
  the person convicted of the crime;

• To prevent any party at any court proceeding from
  compelling testimony regarding a victim’s address,
  telephone number, place of employment or other locating
  information;

• To receive a prompt return of property when it is no
  longer needed as evidence;

• To be informed about the possibility of restorative justice
  practices;

• To be informed of the availability of financial assistance
  and community services;

• To be provided with appropriate employer intercession
  services regarding court appearances and meetings with
  criminal justice officials;

• 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;

• Whenever practicable, to have a safe, secure waiting area
  during court proceedings;

• To be informed of and have input about a motion to
  sequester the victim from a critical stage;

• To be informed of any request for progression from
  the state mental hospital and the right to be heard at any
  hearing which a court considers such a request;

• To be notified of the referral of an offender to community
  corrections and to provide a written victim impact
  statement to the community corrections board and, if
  permitted by the board, to provide an oral victim impact
  statement. In addition, a victim has a right to provide
  a separate oral statement to the community corrections
  board if the board is considering a transitional referral
  from the department of corrections;

• To be heard by phone or similar technology by the
  community corrections board when the victim is
  otherwise unavailable;

• Upon written request, to be informed when a person
  accused or convicted of a crime is released from custody
  other than the county jail, is paroled, escapes or absconds
  from probation or parole;

• Upon written request, to be informed of the results of a
  probation or parole revocation hearing;

• The right to be informed of the filing of a petition to
  cease sex offender registration;

• Upon request, to be informed when a person who is
  accused or convicted of a crime is released, discharged,
  or permanently transferred from the custody of the
  county jail;

• Upon written request, to be informed of and heard at
  any proceeding at which any post-conviction release
  from confinement in a secure state correctional facility is
  being considered;

• Upon written request, to be informed when a person
  convicted of a crime against the victim is placed in or
  transferred to a less secure correctional facility, program,
  or placed on non-residential status, or is permanently
  or conditionally transferred or released from any state
  hospital;

• The right, at the discretion of the district attorney, to
  view all or a portion of the presentence report of the
  probation department;

• To be notified of a hearing concerning a petition for
  sealing of records;

• To be informed of the governor’s decision to commute
  or pardon a person before such information is publicly
  disclosed;

• To be informed of the results of any court-ordered HIV
  testing;

• To be informed of any rights which the victim has
  pursuant to the Constitution of the United States or the
  State of Colorado; and

• To be informed of the process for enforcing compliance
  with the Victim Rights Act.

Additional rights and services are provided to child victims of crime. Law enforcement officials, prosecutors and judges are encouraged to designate one or more individuals to try to ensure that the child and his/her family understand the legal proceedings and have support and assistance to deal with the emotional impact of the crime and the subsequent criminal proceedings.

24-4.1-303 (10)(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 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 limitation is longer than three years. 

24-4.1-302.5(1)(b.8) Upon request of a victim who has had forensic medical evidence collected that has not resulted in a conviction or plea of guilty, the victim has the right to be notified by the law enforcement agency of the status and location of the victim’s forensic medical evidence. 

24-31.902 (2)(b)(I) Upon request of the victim’s designee, all video and audio recordings of a death must be provided to the victim’s designee at least 72 hours prior to public disclosure. 

Forensic Medical Evidence – Sexual assault victims are provided forensic medical exams without any out-of-pocket expenses for services. For “OPT IN” notifications regarding forensic medical evidence, contact the law enforcement agency with jurisdiction for the case.  Notifications include: location of evidence, testing, results of DNA, DNA matches and destruction of evidence collected. The right to file, prior to expiration of the 60 day period, an objection with the LE agency, CBI or accredited crime lab that is proposing to destroy forensic medical evidence. Case status and the right to receive a physical document identifying rights under the law after an exam has been completed.