RESOURCES FOR VICTIMS OF CRIME

VICTIMS BILL OF RIGHTS

Victims and Witnesses of Crime Have the Right to: 

• Be treated with dignity and compassion; 
• Protection from intimidation and harm; 
• Be kept informed about various phases of their case, including investigation, prosecution, trial and sentencing; 
• Provide information and input into the criminal justice process, especially at such key points as plea bargaining, sentencing, and parole release hearings; 
• Speedy return of their property used for evidence; 
• Notification from officials about arrest, release of defendants, time and location of legal proceeding, sentencing, and parole hearings; 
• Be informed about eligibility for state crime compensation or financial support, where applicable, and the right to be helped in completing application forms in a timely manner when applicable; 
• Request and utilize the services of the Victim Advocate Program. 

If all local efforts to obtain your rights have failed, you may request assistance from the Governor's Victim's Coordinating Committee at DCJ. For additional information, call the Office for Victims' Programs at the Division of Criminal Justice at 303.239.4442 or 888.282.1080. 

www.dcj.state.co.us/ovp. 

VICTIM RESPONSIBILITIES

Victims have the following responsibilities: 

• Keep appropriate criminal justice authorities informed of their or their representative’s current name, address, email address and telephone number, and any changes in this information; 
• Provide a written request to the Probation Department if they want to be notified of information regarding the probation process; 
• Eagle County Detention Center will notify the listed victim if an offender is released from their facility.  Anyone can enroll for automated notifications through the VINE system.

THE PROCESS FOR ENSURING YOUR VICTIM RIGHTS

Colorado state law provides that victims of crime may enforce compliance with the provisions of the Constitutional Amendment by contacting the Crime Victim Services Advisory Board (Board).

What to do if you feel your rights have not been provided to you:

If possible, first attempt to seek compliance at the local level. This may include, but is not limited to:

• Contacting the person whom you feel has not provided you with your rights and explaining specifically what has not been done;

• Seeking assistance from your victim advocate, or other supportive persons such as a counselor; and

• Seeking assistance from the elected official or the head of the agency you feel is not providing you with your rights.

Contacts may be verbal or in writing. Accurate records of your efforts to seek compliance at the local level will be helpful to you and to the Crime Victim Services Advisory Board (Board) should you decide to file a formal request for compliance with the Victim Rights Act.

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

Colorado Department of Public Safety 

Division of Criminal Justice 

700 Kipling Street; Suite 1000; Denver, Colorado 80215-5865 

303-239-4497 

Toll free: 888-282-1080 (outside of Denver Metro area) 

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THE CRIME VICTIM SERVICES ADVISORY BOARD

The Crime Victim Services Advisory Board (Board) is a statutorily mandated Board appointed by the Executive Director of the Department of Public Safety. The Board has statewide representation and its members include representatives from law enforcement and district attorneys’ offices, as well as legislators, victims of crime and members of the community.

The Board is mandated to review any reports of non-compliance with the Victim Rights Act and determine if there is a basis in fact to the report.

The Board has designated a Victim Rights Act Subcommittee, which meets on a regular basis, to review all written complaints of non- compliance with the Victim Rights Act.

The Division of Criminal Justice (DCJ) provides staff assistance to the Board and the Victim Rights Act Subcommittee. Reports of non- compliance are reviewed by the Division of Criminal Justice staff who attempt to resolve issues as early as possible in the compliance process.

The staff at the Division of Criminal Justice will talk to you about your concerns regarding non-compliance with the Victim Rights Act. Following that discussion, the staff will contact the agency identified in the complaint. It should be noted that the vast majority of complaints are successfully resolved by DCJ at the local level through informal mediation and intervention. Some complaints, however, cannot be resolved informally and proceed to the formal complaint process described below.

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ENSURING YOUR RIGHTS

THE FORMAL COMPLAINT PROCESS

1. A copy of the complaint will be reviewed by DCJ staff and the Victim Rights Act (VRA) Subcommittee to determine if the complaint is within the purview of the Victim Rights Act.
2. DCJ staff and the VRA Subcommittee will review the complaint to determine whether the allegation(s) would rise to the level of a violation of the VRA.
3. If the complaint falls within the purview of the Victim Rights Act and the allegation(s) would rise to the level of a violation of the VRA, a copy of the complaint and all the information accompanying that complaint will be sent to the identified agency(ies).
4. DCJ staff and the VRA Subcommittee may also make an informal request for information of the identified agency(ies) to assist in the determination of purview and whether the allegations in a complaint would rise to the level of a violation of the VRA. In addition, DCJ staff and the VRA Subcommittee may make an informal request for information to determine whether the goal of the VRA compliance has been met and/or whether the identified agency(ies) met its obligations as enumerated in the VRA.
5. The agency’s response will be provided to the victim, who has an opportunity to provide any additional or clarifying information.
6. All the information from both the complainant and the identified agency will be reviewed by the Victim Rights Act Subcommittee to determine if there is a basis in fact for a Victim Rights Act violation.
7. If there is not a basis in fact, the case will be closed at that time.
8. If there is a basis in fact, the Subcommittee will set forth requirements for the agency that is found to be in violation. These requirements are designed to improve a current problem and to help prevent similar concerns within the system on behalf of future victims.
9. The victim will be kept informed of the outcome of the Subcommittee’s meetings and of the progress the agency makes in fulfilling the requirements.
10. Either party has a right to request a reconsideration of the findings of the Victim Rights Act Subcommittee. If the Subcommittee does not grant a request for reconsideration, the party requesting the reconsideration may appeal the Subcommittee’s decision to the Board.
11. Either party may request an appeal to the Board of the Victim Rights Act Subcommittee’s reconsideration findings as to whether or not there is a basis in fact that a victim’s rights were violated under the VRA.
12. If an agency is unwilling to fulfill the requirements, the case will be referred to the Governor’s office. The Governor then refers the case to the Colorado Attorney General to file a suit to enforce compliance with the Victim Rights Act.

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