YOUR RIGHTS AS A CRIME VICTIM

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.)

• To be treated with fairness, respect and dignity;

• To be informed of and present for all "critical stages" of the criminal justice process;

• To be free from intimidation, harassment, or abuse, and the right to be informed about what steps can be taken if there is any intimidation or harassment by a person accused or convicted of the crime or anyone acting on the person's behalf;

• To be present and heard regarding bond reduction, acceptance of plea negotiations, case disposition, sentencing, or modification of sentence;

• 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 prepare a Victim Impact Statement and to be present and/or heard at sentencing;

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

• To a prompt return of the victim's property when no longer needed as evidence;

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

• To be given 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;

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

• Upon written request, to be informed of and heard at any reconsideration of sentence, parole hearing, or commutation of sentence;

• 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 or program or is permanently or conditionally transferred or released from any state hospital;

• To view all or a portion of the pre-sentence report of the probation department at the discretion of the District Attorney;

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

• To receive a free copy of the initial incident report;

• To be heard regarding a subpoena for the victims records

• To have social security number excluded/redacted from criminal justice records or documents being released to any other person other then the victim;

• To be informed of the existence of a criminal protection order;

• To be notified of how to request protection of victims address;

• To be informed about protection services;

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

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

In addition to the right to be informed and present, the victim also has a right to be heard at hearings on bond reduction, disposition of the case, such as acceptance of a negotiated plea, and a sentencing, including modification of sentence. The victim also has a right to provide input to the court regarding continuances.

If the 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 representatives.

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

• Murder - 1st and 2nd Degree;

• Manslaughter;

• Criminally negligent homicide and vehicular homicide;

• Assault - 1st, 2nd, 3rd degree, vehicular assault;

• Menacing;

• Kidnapping - 1st and 2nd degree;

• Sexual Assault - all;

• Robbery - aggravated, aggravated of a controlled substance;

• Incest and aggravated incest;

• Child abuse;

• Sexual exploitation of children;

• Crimes against at-risk adults or at-risk juveniles;

• Crimes for which the underlying foundation has been determined to be domestic violence;

• Careless driving that results in the death of another person;

• Failure to stop at the scene of an accident that results in the death of another person;

• Stalking;

• Indecent exposure

• Invasion of privacy for sexual gratification

• Human trafficking in Adults and Children

• Retaliation against a judge or juror

• Burglary -1st degree and 2nd degree

• Bias motivated crime;

• Retaliation against a victim or witness;

• Tampering with a victim or witness;

• Retaliation against a judge, prosecutor, elected official or juror; and

• Any criminal attempt, conspiracy, criminal solicitation, or accessory involving any of the crimes specified above.

A victim's rights in the process are related to certain"critical stages" in the criminal justice process, these stages include:

• The filing of charges;

• The preliminary hearing;

• Any bond reduction or modification hearing;

• Arraignment hearing;

• Motions hearing concerning pre-plea relief or post-plea relief or evidentiary matters;

• Disposition of the complaint or charges against the person accused;

• The trial;

• Sentencing hearing;

• Appellate review or appellate decision;

• Sentence modification;

• Probation revocation hearing;

• The filing of a complaint, summons, or warrant by probation for failure to report or because location of a person convicted of a crime in unknown;

• Request for change of venue or transfer of probation supervision;

• Request for release from probation supervision prior to the expiration of original sentence;

• Attack of a judgment or conviction;

• Decision to conduct post conviction DNA testing to establish innocence of the person convicted

• Parole application hearing;

• Parole, release, or discharge from imprisonment of a person convicted of a crime;

• Parole revocation hearing;

• Transfer to or placement of a person convicted of a crime in a non-secured facility; and

• Transfer, release, or escape of a person charged with or convicted of a crime from any state hospital and/or from a residential facility to a non –residential setting.

Criminal Justice agencies have certain responsibilities for assuring that victims receive their rights. Law Enforcement Responsibilities Law Enforcement agencies have the responsibility to provide the victim with written information about:

• Community services such as crisis intervention services, victim assistance resources, legal resources, mental health services, financial services and other support services;

• The availability of financial resources such as victim compensation and how to apply for those benefits;

• The availability of protective court orders in order to obtain protection from the person accused of committing the crime;

• The right to request a copy of the law enforcement report;

• Status of the case, prior to the filing of charges; and

• The availability of protection services for victims

• The availability of translation services, assistance in dealing with creditors due to financial setbacks caused by the crime, child care to enable a victim to cooperate with the prosecution.

In addition, law enforcement agencies are responsible to:

• Provide the victim with the business address and telephone number of the district attorney's office, file number of the case and the name, business address and telephone number of any law enforcement officer assigned to investigate the case and;

• Keep the victim informed as to whether a suspect has been taken into custody and, if known, whether the suspect has been released from custody and any conditions imposed upon the suspect.

• Provide written notification on the status of applicable cold cases at the one year mark.

Victim Information & Notification Everyday

Vine is an automated service that lets you track the custody status of offenders in jail or prison. By calling 1-888-263-8463 or visiting www.vinelink.com, you can find out the custody status or the offender. You can also register to be notified by phone and e-mail if the custody status of an offender changes.

Colorado state law provides that victims of crime may enforce compliance with the provisions of the Constitutional Amendment by notifying the Crime Victim Services Advisory Board. What to do if you feel your rights have been violated:

• Contact the person you feel has not provided you with your rights and discuss concerns

• Seek assistance from your victim specialist , or another support person. 

• Seek assistance through elected officials or head of the agency.

If all local efforts to obtain your rights have failed, you may request assistance or file a written request for enforcement at: Crime Victim Services Advisory Board Colorado Division of Criminal Justice 700 Kipling Street, Suite 1000 Denver, CO 80215

303-239-5719 – General Information 

303-239-4497 - Victim Rights Act Specialist