“To be informed, present, and heard…”

In 1992 Colorado enacted the Victim Rights Act to give victims of violent crime a more active role in the criminal justice process. You have rights as a victim of crime under the Constitution of the State of Colorado. The Crime Victim Rights Act is to ensure that victims of crime are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protection afforded criminal defendants.

If you are a victim of a crime listed under the Victim’s Rights Act, you have the right to be informed by our office about your case, present at court hearings and heard by the Court at critical hearings throughout the process. Your Victim Witness Assistant is available to answer questions you may have about upcoming hearings and will help you prepare for critical stages where you might wish to speak directly to the Court.

While every effort is made to ensure victims’ rights, the court is responsible for ensuring these rights do not infringe on the constitutional rights of the accused.

Crime Victim Compensation (CVC) is a victim service program that is governed by Colorado law. Not all crime victims or crime related losses are eligible for reimbursement or payment. The CVC statute, C.R.S. 24-4.1-101 et seq., limits the types of crimes and losses that are eligible for financial assistance.

The Victim Compensation program is fully funded through fines collected from adults and juveniles who have been convicted of crimes, including traffic offenses.  Awards to victims are made by the Crime Victim Compensation Board of the District, whose three members are volunteer citizens appointed by the District Attorney.  Each judicial district has a separate CVC program. Each program is different and helps individuals that were victimized inside of their jurisdiction. This CVC program serves the 12th Judicial District, Alamosa, Conejos, Costilla, Rio Grande, Mineral and Saguache Counties.

If you or a loved one has been victimized by a violent crime, the Victim Compensation Program may be able to help. While no amount of money can ease the trauma of a violent crime, Victim Compensation can help relieve the resulting financial burden on victims and their families.

Restitution is the repayment of losses, to the victim by the offender. Restitution in a criminal case is the actual pecuniary or monetary damages that resulted from the commission of the crime.  This may include: replacement cost of lost or damaged property, medical expenses, lost wages, insurance deductibles, etc.  Restitution does not include damages for physical or mental pain and suffering, loss of consortium, loss of enjoyment of life, loss of future earnings, or punishment.  Restitution cannot be ordered until the defendant pleads guilty or is found guilty at trial and a sentence is imposed.

The District Attorney is responsible for providing the court with the amount of restitution owed to the victim in a criminal case. This may be done through a victim impact statement, testimony at trial or through testimony by the victim at a restitution hearing.

A victim impact statement is mailed to all victims of crime where damage to a person or property is charged. This statement is provided to the Court, the defendant/defense counsel and the District Attorney. To insure the correct amount of restitution is ordered it is important to notify the District Attorney’s Office of your position, whether you have losses or not.

The offender has an opportunity to question the restitution requested and may ask the court for a restitution hearing. You (or if a business is the victim, a representative) may be subpoenaed to testify if the judge orders a hearing. When the final restitution figure is decided by the court, the offender will be required to make restitution payments.

Restitution is paid through the Court Registry, not the District Attorney’s Office. For information about restitution payments, contact the Court Registrar in your county, the Probation Department, or your victim advocate. Since restitution may be paid over time, it is important to keep you contact information updated.

Under C.R.S.24-4.1-302.5 (g) a victim has the right to make a written and/or oral impact statement relating the harm that the victim has sustained as a result of the crime. The victim impact statement form was designed to help crime victims provide relevant information, including sentencing recommendations. Once you receive the victim impact statement please complete all parts of the form which apply to you (some parts may not be relevant to your case). If you are requesting restitution for losses sustained as a result of this crime, attach copies of all bills, receipts, invoices and estimates with your completed form.  If you are a victim on a case that has been filed with our office but you have not received a victim impact statement in the mail please contact the victim witness unit in the county where the crime occurred.

A COPY OF THE VICTIM IMPACT STATEMENT WILL BE PROVIDED TO THE DEPUTY DISTRICT ATTORNEY, THE COURT, AND THE DEFENDANT OR DEFENSE COUNSEL.

IF YOU HAVE COMPLETED A VICTIM IMPACT STATEMENT YOU MAY RETURN YOUR COMPLETED FORM TO THE OFFICE HANDLING YOUR CASE.

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

 Manslaughter

 Criminally negligent homicide and vehicular homicide

 Assault

 Menacing

 Kidnapping

 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

Violation of a criminal protection order issued against a person charged with stalking(effective 8/9/17)

Robbery – aggravated, aggravated of a controlled substance

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

Failure to stop at the scene of an accident that results in serious bodily injury (effective 8/9/17)

Stalking

Human trafficking

First degree burglary

Invasion of privacy for sexual gratification

A bias motivated crime

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, or juror

Posting a private image for harassment or pecuniary gain (effective 8/9/17)

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.

https://www.coloradojudicial.gov/dockets