Park County
Victim Rights & Resources

VICTIMS AND WITNESSES OF CRIME HAVE THE RIGHT TO:

Be treated with fairness, dignity, respect, and compassion;

Protection from intimidation and harm;

Be kept informed about various critical stages of their case, including investigation, prosecution, trial and sentencing; and to be present at these stages;

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.

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.

24-4.1.302(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.

For additional information, call the Office for Victims’ Programs at the Division of Criminal Justice at 303.239.4442  or  https://dcj.colorado.gov/

• Murder;
• Manslaughter;
• Criminally negligent homicide and vehicular homicide;
• Harassment of a transit worker;
• Crime of careless driving resulting in serious bodily injury;
• Vehicular Assault;
• Assault;
• Menacing;
• Kidnaping;
• Sexual assault;
• Incest and aggravated incest;
• Child abuse;
• Sexual exploitation of children;
• Crimes involving child prostitution;
• Crimes against at-risk adults and at-risk juveniles;
• Indecent exposure;
• Violation of a criminal protection order issued against a person charged with sexual assault or stalking;
• Robbery-aggravated, aggravated of a controlled substance;
• Crimes for which the underlying foundation has been determined to be domestic violence;
• 1st degree Arson 18-4-102
• Criminal Invasion of Privacy 18-7-801
• Careless driving that results in the death of another person;
• Failure to stop at the scene of an accident that results in the death or serious bodily injury of  another person;
• Stalking;
• Human trafficking;
• First and Second degree burglary;
• Invasion of privacy for sexual gratification;
• A Bias motivated crime - harassment, ethnic intimidation
• Retaliation against a victim or witness;
• Tampering with a victim or witness;
• Intimidation and aggravated intimidation of a victim or witness;
• Retaliation against a judge, prosecutor, juror or elected official;
• Violation of a criminal protection order issued against a person charged with committing sexual assault, sexual assault on a child by one in a position of trust, or sexual assault on a client by a psychotherapist.
• Posting a private image for harassment or pecuniary gain; and
• Any criminal attempt, conspiracy, criminal solicitation, or accessory involving any of the crimes specified above.

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.

• Filing of charges and the decision not to file charges;
• Preliminary hearing;
• Any bond reduction or modification hearing;
• Arraignment hearing;
• Motions hearing;
• Any subpoena for a victim’s mental health, medical, education or victim compensation 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 revocation hearing;
• Resentencing following a probation revocation hearing and request for early termination;
• The filing of a complaint, summons, or warrant by probation for failure to report or because the location of a person convicted of a crime is unknown;
• 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;  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.

CIVIL PROTECTION ORDERS
CRS 13-14-102

PURPOSE:
To provide safety for direct victim and victim’s children (regardless of whether there is an ongoing criminal case).

ISSUED:
Victim/plaintiff must go to court and ask for this type of protection order.

BENEFITS:
It can be broader than a criminal order by:

Granting victim/plaintiff temporary care & control of shared children. Can exclude defendant from home & other addresses frequented by plaintiff and children. Can order defendant to stay specified distance from the victim and up to four selected addresses. Can be made permanent.

VICTIM COMPENSATION

If you or a member of your family has been injured as a result of a crime, you may be eligible for compensation for financial loss.

Medical and hospital expenses, outpatient care and/or counseling, burial expenses and loss of earnings and/or support may qualify. You may also be compensated for replacement or repair of windows, doors and locks, or other security devices on dwellings when damaged in the commission of a crime.

Victim Compensation Application
Click here to download and access.