RESOURCES FOR VICTIMS OF CRIME

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
https://dcj.colorado.gov/dcj-offices/office-for-victims-programs):

• 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 post sentencing 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 the 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 contact 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 judgement 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 meeting 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, 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 a 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 in 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 result 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 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 stated correctional facility is being considered;

• Upon written request, to be informed when a person convicted of a crime against the victim in place in or transferred to a less secure correctional facility, program or placed on non-residential status, or is permanently or conditionally transferred or release 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 informed 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 result of any court-ordered HIV testing;

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

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

• The right upon request to obtain any incident recording described in 24-31-902.

Additional right and services 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.

24-4.1.302(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)

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.

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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 as defined by statute, one or more people, as described in section 24-4.1-302(5), 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 applicable statute. 

A victim’s rights are related to certain “critical stages” in the criminal justice process. These stages include:

• Filing of charges and the decision not to file charges, or to enter into any diversion agreement

• Preliminary hearing;

• Any bond reduction or modification hearing, not to include the initial setting of bond; *

• Arraignment hearing;

• Motions hearing;

• Any subpoena or application for records concerning a victim’s medical history, mental health,   education, victim’s compensation records, or other privileged records; *

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

• Trial;

• Sentencing, modification of the sentence or re-sentencing hearing; *

• Appellate review or appellate decision;

• Post-conviction DNA testing and court proceedings initiated based on the result;

• Sentence reconsideration; *

• Probation complaints, summons or warrants;

• Resentencing following a probation revocation hearing and request for early termination;

• The filing of a complaint, summons, or warrant filed by the probation department; 

• The change of venue or transfer of probation supervision;

• Request for release from probation supervision prior to the expiration of the defendant’s sentence;

• Request for release from community corrections prior to the expiration of the defendant’s sentence;

• An attack on judgment or conviction for which a court hearing is set;

• Parole application hearing and full parole board review 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-secure facility;

• Transfer, release, or escape of a person charged with or convicted of a crime from any state   hospital;

• Any petition by a sex offender to terminate sex offender registration;

• Any hearing concerning a petition for expungement of a juvenile offender’s records; * and

• The execution of an offender in a capital case;

• The decision to enter into a diversion agreement;

• Any court ordered modification of the terms and conditions of probation;

• Any hearing concerning a petition for expungement or sealing of records described in

24-72-706,709 or 710

* In addition to the right to be informed and present, the victim also has a right to be heard at the following hearings: 1) bond reduction or modification; 2) a subpoena for the victim’s records; 3) the court accepts a negotiated plea agreement or a plea of nolo contendere; 4) sentencing; 5) modification of the sentence; 6) the defendant requests a modification of the no contact provision of the criminal protection order; 7) a petition for expungement of juvenile records; and 8) a hearing for a request for progression from the state mental health hospital.

Victims who are unavailable to attend a hearing where they have the right to be present or heard may request that the court provide them an opportunity to be heard by phone, virtually by audio or video, or other similar technology by making a request to the district attorney’s office.  The district attorney’s office shall inform victim about their options to appear remotely.

When any person attempting defense-initiated victim outreach contacts any victim of any crime, the person shall immediately provide full and unambiguous disclosure of the person’s legal name and 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.

Victims have the right to be informed of how to request notification of an offender’s change of status from jail.
 

Colorado VINE (Victim Information & Notification 

Everyday) is a proactive notification system that sends you an automatic alert via phone, text, or email when an offender’s custody status changes. After registering, you will be notified about the release, transfer, escape, or death of an offender from this free and anonymous service. 

HOW CAN I REGISTER?

Phone 1-888-263-8463 or 

visit www.colorado-vine.com OR 

www.vinelink.com

WHEN REGISTERING YOU’LL NEED:

• Offender’s name

• Your phone number or email address to receive notifications

Victims of crime often need financial assistance as a result of the crime. A victim may apply for compensation for costs related to medical expenses, lost employment, mental health treatment, burial expenses, the loss of medically necessary devices such as eye glasses or hearing aids, the loss of support to dependents, and damage to home security devices such as doors, windows, and locks. Each Judicial District has a Victim Compensation fund. Persons convicted of a crime or a traffic offense pay into this fund. Contact your local District Attorney's Office for information on how to apply for Victim Compensation.

Tap here to learn more.