Victim Rights & Resources

The Constitution of the State of Colorado and the laws of the state [Section 24-4.1-302(1) C.R.S]
guarantee certain rights to victims of the following criminal acts: 

• Murder in the first degree, in violation of section 18-3-102; 
• Murder in the second degree, in violation of section 18-3-103; 
• Manslaughter, in violation of section 18-3-104; 
• Criminally negligent homicide, in violation of section 18-3-105; 
• Vehicular homicide, in violation of section 18-3-106; 
• Assault in the first degree, in violation of section 18-3-202; 
• Assault in the second degree, in violation of section 18-3-203; 
• Assault in the third degree, in violation of section 18-3-204; 
• Vehicular assault, in violation of section 18-3-205; 
• Menacing, in violation of section 18-3-206; 
• First degree kidnapping, in violation of section 18-3-301; 
• Second degree kidnapping, in violation of section 18-3-302; 
• (I) Sexual assault, in violation of section 18-3-402; 
• (II) Sexual assault in the first degree, in violation of section 18-3-402, as it existed prior to July 1, 2000; 
• Sexual assault in the second degree, in violation of section 18-3-403, as it existed prior to July 1, 2000; 
• (I) Unlawful sexual contact, in violation of section 18-3-404; or 
• (II) Sexual assault in the third degree, in violation of section 18-3-404, as it existed prior to July 1, 2000; 
• 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; 
• Invasion of privacy, in violation of section 18-7-801 
• Invasion of privacy for sexual gratification, in violation of section 18-3-405.6; 
• Robbery, in violation of section 18-4-301; 
• Aggravated robbery, in violation of section 18-4-302; 
• Aggravated robbery of controlled substances, in violation of section 18-4-303; 
• Incest, in violation of section 18-6-301; 
• Aggravated incest, in violation of section 18-6-302; 
• Child abuse, in violation of section 18-6-401; 
• Sexual exploitation of children, in violation of section 18-6-403; 
• Crimes against at-risk adults or at-risk juveniles, in violation of section 18-6.5-103; 
• Any crime identified by law enforcement prior to the filing of charges as domestic violence, as defined in section 18-6-800.3; 
• An act identified by a district attorney in a formal criminal charge as domestic violence, as defined in section 18-6-800.3; 
• 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, pursuant to section 18-6-801; 
• Stalking, in violation of section 18-3-602 or 18-9-111(4); 
• A bias-motivated crime, in violation of section 18-9-121; 
• False Reporting of an emergency in violation of section 18-8-111 that is bias-motivated crime as defined in section 18-9-121(2); 
• Harassment – ethnic intimidation 18-9-111(2) (effective 6/28/21) 
• Careless driving, in violation of section 42-4-1402, that results in the serious bodily injury or death of another person; 
• 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; 
• Any criminal attempt, as described in section 18-2-101, any conspiracy, as described in section 18-2-201, any criminal solicitation, as described in section 18-2-301, and any accessory to a crime, as described in section 18-8-105, involving any of the crimes specified in 24-4.1-302(1); 
• Intimidating a witness or a victim, in violation of section 18-8-704; 
• Retaliation against a witness or victim, in violation of section 18-8-706, Retaliation against a judge or elected official, in violation of section 18-8-615, Retaliation against a juror, in violation of section 18-8-706.5; Retaliation against a prosecutor, in violation of section 18-8-616; 
• Aggravated intimidation of a witness or a victim, in violation of section 18-8-705; 
• Tampering with a witness or victim, in violation of section 18-8-707; 
• Indecent exposure, in violation of section 18-7-302; or 
• 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; 
• Human trafficking, in violation of section 18-3-503 or 18-3-504; 
• First degree burglary, in violation of section 18-4-202; 
• Second degree burglary of a dwelling, in violation of section 18-4-203 (effective 3/2022) 
• First degree arson, in violation of section 18-4-102 
• Child prostitution, in violation of section 18-7-401.; Soliciting for child prostitution, in violation of section 18-7-402; Procurement of a child for sexual exploitation, in violation of section 18-6-404; Pimping of a child, in violation of section 18-7-405; Inducement of child prostitution, in violation of section 18-7-405.5; or Patronizing a prostituted child, in violation of section 18-7-406. 
• 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; 
• Harassment of a Transit Worker, in violation of section 18-9-111(1)(i) 

If a victim is deceased or incapacitated, these rights may be exercised by the victim’s spouse, parent, child, sibling, grandparent, grandchild, significant other, or other lawful representative.

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.

Pursuant to section 12-240-139 (1)(b) of the Colorado Revised Statute

Forensic Medical Evidence – 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.

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.

24-4.1.302(1)(cc.6) Failure to stop at the scene of a CRASH, in violation of section 42-4-1601, where the CRASH resulted in the death or serious bodily injury of another person.

24-4.1-302(1)(II) SOLICITING FOR COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-4.2 procurement of a child for sexual exploitation, in violation of section 18-6-404; pimping of a child, in violation of section 18-7-405 INDUCEMENT OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-405.5; ENGAGING IN COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of sections 18-7-406; SOLICITING FOR CHILD PROSTITUTION, IN VIOLATION OF SECTION 18-7-102 AS IT EXISTED PRIOR TO JULY 1, 2026; INDUCEMENT OF CHILD PROSTITUTION, IN VIOLATION OF SECTION 18-7-405.5, AS IT EXISTED PRIOR TO JULY 1, 2026; OR PATRONIZING A PROSTITUTED CHILD, IN VIOLATION OF SECTION 18-7-406, AS IT EXISTED PRIOR TO JULY 1, 2026;

24-4.1-302(2)(e.5) Any subpoena or application for records concerning the victim’s medical history, mental health, OR education; victim’s compensation RECORDS or records that are privileged pursuant to section 13-90-107

24-4.1-302(2)(aa) RECEIPT BY A DISTRICT ATTORNEY OF A NOTICE THAT A CRIME LABORATORY EMPLOYEE ENGAGED IN A WRONGFUL ACTION, AS DESCRIBED IN SECTION 16-12-307 (1);

(bb) AN EVIDENTIARY HEARING ON POST-CONVICTION PETITION FOR RELIEF HELD PURSUANT TO SECTION 16-12-312; AND

(cc) A RESTITUTION ASSESSMENT HEARING HELD PURSUANT TO SECTION 18-1.3-603.

24-4.1-302(3) "Lawful representative" means AN INDIVIDUAL who is designated by the victim or appointed by the court to act in the best interests of the victim; EXCEPT THAT IF THE VICTIM IS A CHILD OR AN AT-RISK ADULT, AS DEFINED IN SECTION 18-6.5-102, "LAWFUL REPRESENTATIVE" DOES NOT INCLUDE THE DEFENDANT OR ALLEGED OFFENDER IN THE UNDERLYING CASE.

24-4.1-302.5(1)(a.5) THE RIGHT TO REQUEST, IN ORDER TO PROTECT THE SAFETY OR PRIVACY OF A VICTIM, TO HAVE THE VICTIM REFERRED TO BY AN ABBREVIATION, PSEUDONYM, INITIALS, OR ANOTHER PREFERRED NAME DURING HEARINGS;

(applies to District Attorney’s Office’s)

24-4.1-302.5(1)(j.8) The right to obtain any incident recordings as described in section 24-31-902. 24-31-902 Incident recordings – release -tampering – fine

24-4.1-302(2)(q.1) A TRIAL FOR CIVIL COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION 16-8.5-118;

(q.2) A HEARING TO TERMINATE A CIVIL COMMITMENT PURSUANT TO SECTION 27-65-202 OR AN ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-508;

(q.3) THE TRANSFER, RELEASE, OR ESCAPE OF A PERSON OR THE PLACEMENT OF A PERSON INTO A COMMUNITY-BASED SETTING OUTSIDE OF INPATIENT CARE AT THE DISCRETION OF CDHS, AS DEFINED IN SECTION 16-8.5-101, WHEN THE PERSON IS UNDER A CIVIL COMMITMENT PURSUANT TO SECTION 27-65-201 OR AN ENHANCED PROTECTIVE PLACEMENT UNDER COURT SUPERVISION PURSUANT TO SECTION 25.5-10-507 WHEN THE CRIMINAL CASE INITIATING THE CIVIL COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT INVOLVED A VICTIM.

24-4.1-302(2)(j.6) THE RIGHT TO BE INFORMED OF ANY REQUEST FOR CHANGES TO MATERIAL TERMS OF A CIVIL COMMITMENT PURSUANT TO SECTION 27-65-201 OR ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION 25 .5-10-507 ON BEHALF OF A PERSON IN A CIVIL COMMITMENT OR PROTECTIVE PLACEMENT IN 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 THE REQUEST. AS USED IN THIS SUBSECTION (l)G.6), "REQUEST FOR CHANGES TO MATERIAL TERMS" INCLUDES ANY REQUEST TO BE RELEASED FROM AN INPATIENT SETTING TO AN OUTPATIENT SETTING OR TO BE MOVED INTO A COMMUNITY-BASED SETTING OUTSIDE OF INPATIENT CARE AT THE DISCRETION OF CDHS, AS DEFINED IN SECTION 16-8.5-101.

(Applies to District Attorney’s Office and County Attorney’s)

VINE is a toll-free, anonymous, automated service that provides crime victims with custodial information for offenders. VINE offers notifications 24 hours a day 7 days a week, through various methods to include: telephone, e-mail and text messages to keep victims informed. 

To register for VINE you can call the VINE service directly at 1-888-263-8463, or register at www.vinelink.com.

Note: The VINE system will continue to call every 2 hours for 48 hours, until your personal PIN number is entered.

Protection or Restraining Orders can help stop harassment, retaliation, intimidation and other specific acts against everyone named in the restraining order as a “Protected Person.” For more information on protection orders and how to file contact:

Gunnison Combined Courts at (970) 642-8300 Or go to: www.courts.state.co.us/self_help/protectionorders/

IMPORTANT UPDATE

Suspect Hearing and Protection Order

Due to new legislation, Colorado courts are now required to advise a suspect within 48 hours of an arrest. With these changes, the suspect in your case may attend a weekend advisement. Generally, these cases will begin on Sunday at 9:00am, however there are instances that the suspect will attend a special advisement on Friday or Saturday, in an attempt to comply with the 48 hour requirement. Arrests made after 2pm on Saturday, will likely not be heard until Monday’s Advisement schedule. This is a statewide hearing, therefore if you choose to attend virtually, you could be waiting for a long period of time until your case is called.

During this hearing, a Mandatory Protection Order will go into effect with the basic terms being that the defendant shall not harass, molest, intimidate, retaliate against, tamper with, threaten or injure any victim of or witness to the crime committed. As the victim in this case, you can request to have full contact with the defendant or no contact with a home exclusion. The DA’s Office will not be working during the weekend; therefore, you may need to request a modification of the terms during normal business hours from the District Attorney’s Office.

Please know that modifying the terms of the protection order will take time, with the existing terms remaining in effect until the next court date. Please work with the District Attorney’s Office if you need modifications to be made.

If you would like to be present, you can do so via telephone.

Please call : 1-415-655-0001 or 1-720-650-7664. Your Access Code is 2596 486 6695.

You are welcome to contact a Victim Advocate if you have any questions. Please call 970-596-9277 or dispatch and ask for the on-call Victim’s Advocate.

As a victim of a violent crime, you have certain Constitutional and statutory rights. These rights are listed in this brochure. If you feel your rights are not honored, you can make a complaint.

Please attempt to address your concerns locally by contacting Gunnison County Law Enforcement Victim Services. 

If you feel you are unable to address your concerns at the local level or your efforts to resolve your concern have been unsuccessful, you may request assistance from the Crime Victim Services Advisory Board by contacting the Victim Rights Act Specialist at:

Colorado Department of Criminal Justice 

700 Kipling Street, Suite 1000

Denver, CO 80215

(303) 239-4442 or
1-888-282-1080

If you are a victim of a VRA listed crime, you may qualify for financial assistance from the Crime Victim Compensation (CVC) Fund. This fund consists of money provided through fees levied against persons convicted of felonies, misdemeanors and certain traffic offenses. 

For further information, contact:

Gunnison County Law Enforcement Victim Services at 970-641-8299 OR 7th Judicial District Crime Victim Compensation
Administrator at 970-252-4260.