Title 24, Government - State

(1) The district attorney and the district attorney's legal and administrative staff shall assist the board in the performance of its duties pursuant to this part 1. (2) Repealed. Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 84: Entire section amended, …

(1) A person who may be eligible for compensation under this part 1 may apply to the board in the judicial district in which the crime was committed. In a case in which the person entitled to apply is a minor, the application may be made on the minor's behalf by the minor's paren…

(1) The board, in its discretion, may conduct a hearing upon any application submitted to it. All hearings conducted by the board and appeals therefrom shall be held pursuant to sections 24-4-105 and 24-4-106. (2) The burden of proof is upon the applicant to show that the claim i…

In the performance of its functions, the board, pursuant to article 4 of this title, is authorized to make, rescind, and amend regulations prescribing the procedures to be followed in the filing of applications and in proceedings under this part 1. Source: L. 81: Entire article a…

(1) For purposes of this section, unless the context otherwise requires: (a) "In camera review" means the judge views the material in private, without either party present. (b) "Materials" means any records, claims, writings, documents, or information. (2) Any materials received,…

(1) A person is entitled to approval of compensation under this part 1 if: (a) The person is a victim or a dependent of a victim or a successor in interest under the "Colorado Probate Code" of a victim of a compensable crime which was perpetrated on or after July 1, 1982, and whi…

(1) Losses compensable under this part 1 resulting from death of or injury to a victim include: (a) Reasonable medical and hospital expenses and expenses incurred for dentures, eyeglasses, hearing aids, or other prosthetic or medically necessary devices; (b) Loss of earnings; (c)…

(1) The board may deduct from compensation it approves under this part 1 any payments received by the applicant from the offender or from a person on behalf of the offender, from the United States or any state, or any subdivision or agency thereof, from a private source, or from …

(1) A relative of a victim, even though the relative was not a dependent of the victim, is eligible for compensation for reasonable medical, funeral, or burial expenses for the victim, if: (a) Such expenses were paid by the relative; and (b) The relative files a claim in the mann…

(1) The board may order an emergency approval to the applicant pending a final decision in the claim if it appears to the board, prior to taking action upon the claim, that undue hardship will result to the applicant if immediate payment is not made. Approvals pursuant to this se…

No fee may be charged to the applicant by the board in any proceeding under this article. Source: L. 81: Entire article added, p. 1139, § 5, effective July 1.

No compensation payable under this article 4.1, prior to actual receipt thereof by the person or beneficiary entitled thereto or the person's or beneficiary's legal representative, is assignable or subject to execution, garnishment, attachment, or any other process, including pro…

No compensation payable to an applicant under this part 1 is included in the applicant's income for purposes of the Colorado income tax imposed in article 22 of title 39, nor is it considered as income, property, or support for the purposes of determining the eligibility of the a…

The rights to compensation created by this part 1 are personal and shall not survive the death of the person or beneficiary entitled to them; except that, if death occurs after an application for compensation has been filed with the board, the proceeding shall not abate but may b…

The acceptance of approved compensation made pursuant to this part 1 subrogates the state, to the extent of the approved amount, to any right or right of action accruing to the applicant. Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: Entire section a…

(1) A medical service provider or medical service provider billing agent shall suspend all debt collection actions against the claimant for a compensable loss under section 24-4.1-109 related to the substance of the claim pending a resolution of the claim by the board for a perio…

(1) The crime victim compensation fund is hereby established in the office of the court executive of each judicial district for the benefit of eligible applicants under this part 1. (1.3) The crime victim compensation fund for the twenty-third judicial district is established in …

(1) There is created in the division of criminal justice in the department of public safety the crime victim services advisory board, referred to in this section as the "advisory board". The advisory board is a type 2 entity, as defined in section 24-1-105, and exercises its powe…

There is created in the division of criminal justice in the department of public safety the state victim compensation program. The general assembly shall appropriate money from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-…

(1) The court executive of each judicial district is the custodian of the fund, and the court executive shall pay all disbursements from the fund upon written authorization of the board or the court. (2) Repealed. Source: L. 81: Entire article added, p. 1140, § 5, effective July …

(1) (a) Except as provided in subsection (1)(c) of this section, a cost of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic of…

Sections 24-4.1-117 to 24-4.1-120 originally took effect July 1, 1981. Sections 24-4.1-101 to 24-4.1-116 originally took effect July 1, 1982. Source: L. 81: Entire article added, p. 1140, § 5, effective July 1.

On or before October 1, 1985, and on or before each October 1 thereafter, the court executive of each judicial district shall report to the state court administrator the amount of money collected by the judicial district in the prior fiscal year and the amount of money distribute…

As used in this part 2, unless the context otherwise requires: (1) "Board" means the crime victim services advisory board created in section 24-4.1-117.3 (1). (2) "Profits from the crime" means: (a) Any property obtained through or income generated from the commission of the crim…

(1) The general assembly hereby finds that the state has a compelling interest in preventing any person who is convicted of a crime from profiting from the crime and in recompensing victims of the crime. It is therefore the intent of the general assembly to provide a mechanism wh…

It shall be the duty of the victim, the victim's attorney, or the victim's representative to notify the board within thirty days of the filing of any compensable claim under section 24-4.1-201. Source: L. 84: Entire part added, p. 653, § 2, effective May 14.

If more than one claim is filed against the moneys in escrow pursuant to section 24-4.1-201, the board shall disburse payments from the escrow account on a pro rata basis of all judgments obtained, according to the amount of money in the escrow account as compared to the amount o…

Any action taken by a person who is accused or convicted of a crime or who enters a plea of guilty, whether by way of the execution of a power of attorney, the creation of corporate entities, or any other action, to defeat the purpose of this part 2 shall be null and void as agai…

Interest earned on the moneys deposited in the escrow account pursuant to section 24-4.1-201 shall accrue to the benefit of the payee of the account. Source: L. 84: Entire part added, p. 654, § 2, effective May 14.

No later than February 15 of each year, the board shall make available a report to the general assembly for the previous calendar year of an accounting of all funds received and disbursed under this part 2. The board shall notify, in the most cost-effective manner available, each…

This part 2 shall apply to offenses committed on or after January 1, 1985. Source: L. 84: Entire part added, p. 654, § 2, effective May 14.

The short title of this part 3 is the "Victim Rights Act". Source: L. 2022: Entire section added, (SB 22-049), ch. 152, p. 969, § 1, effective May 6.

The general assembly hereby finds and declares that the full and voluntary cooperation of victims of and witnesses to crimes with state and local law enforcement agencies as to such crimes is imperative for the general effectiveness and well-being of the criminal justice system o…

As used in this part 3, and for no other purpose, including the expansion of the rights of any defendant: (1) "Crime" means any of the following offenses, acts, and violations as defined by the statutes of the state of Colorado, whether committed by an adult or a juvenile: (a) Mu…

(1) In order to preserve and protect a victim's rights to justice and due process, each victim of a crime has the following rights: (a) The right to be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal jus…

(1) Law enforcement agencies, prosecutorial agencies, judicial agencies, and correctional agencies shall ensure that victims of crimes are afforded the rights described in section 24-4.1-302.5. (1.5) If a crime victim is deceased or incapacitated, one or more members of the victi…

(1) In addition to all rights afforded to a victim or witness under section 24-4.1-302.5, law enforcement agencies, prosecutors, and judges are encouraged to designate one or more persons to provide the following services on behalf of a child who is involved in criminal proceedin…

(1) When any person attempting defense-initiated victim outreach contacts any victim of any crime, the person shall immediately provide full and unambiguous disclosure of: (a) The person's legal name; and (b) The fact that the person is acting as an agent for the person accused o…

As used in this part 4, unless the context otherwise requires: (1) "Certification form" or "certification" means the federal form I-918, supplement B, "U Nonimmigrant Status Certification", or any successor form, required under 8 U.S.C. sec. 1184 (p)(1) and 8 CFR 214.14 (c)(2)(i)…

(1) For the time period of September 1, 2021, through June 30, 2022, and except as provided in subsection (2) of this section, a certifying agency shall process and either sign or decline to sign a certification form within one hundred twenty days after receipt of a request. (2) …

(1) Upon request, a certifying official from a certifying agency shall execute and sign the certification form when it is determined that the victim: (a) Was a victim of qualifying criminal activity; and (b) Has been helpful, is being helpful, or is likely to be helpful to the de…

A certifying agency is prohibited from disclosing the personal identifying information or immigration status of a victim or person requesting the certification except to comply with federal or state law or process. Source: L. 2021: Entire part added, (HB 21-1060), ch. 126, p. 513…

Certifying agencies shall provide information regarding the U visa and the agency's procedures for certification to victims. Source: L. 2021: Entire part added, (HB 21-1060), ch. 126, p. 514, § 1, effective September 1.

(1) On or before September 1, 2022, and on or before each March 1 thereafter, a certifying agency that receives a request for a certification shall report to the division of criminal justice in the department of public safety on an annual basis and in aggregate form, subject to t…

As used in this part 5, unless the context otherwise requires: (1) "Brain injury" has the same meaning as set forth in section 26-1-301. (2) "Entity" means a state organization or other organization that would contract with the state to run a pilot program, as described in sectio…