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Victim and Witness Rights

www.courts.cstate.co.us

Crimes Covered by the Victim Rights Act

The Colorado Constitution and the laws of the state [C.R.S. § 24-4.1-302(1)] guarantee certain rights to the victims of the following criminal acts:

If the victim is deceased or incapacitated, these rights may be exercised by the victim’s spouse, parent, child, siblings, grandparent, significant other, or other lawful representative.

The Victim Rights Act

The following is a summary of the rights guaranteed by the Victim Rights Act (for a complete listing of your rights, please refer to C.R.S. §§ 24-4.1-101 through 24-4.1-304):

www.legal-rights.com

• To be treated with fairness, respect, and dignity;
• To be informed of and present for all “critical states” of the criminal justice process;
• To be free from intimidation, harassment, or abuse; and to have the right to be informed about what steps can be taken if there is any intimidation or harassment by a person accused or convicted of the crime or anyone acting on the person’s behalf;
• To be given appropriate employer intercession services regarding court appearances and meetings with criminal justice officials;
• To be assured that in any criminal proceeding that 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 proceeds;
• Upon request, to be informed when a person accused or convicted of the crime is released from custody, is paroled, escapes, or absconds from probation or parole;
• Upon written request, to be informed of and heard at any reconsideration of sentence, parole hearing, or communication of sentence;
• To be present and heard regarding bond reduction, continuances, acceptance of plea negotiations, case disposition, or sentencing, or sentencing;
• To consult with the district attorney prior to any disposition of the case or before the case goes to trail 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 prepare a Victim Impact Statement and to be present and/or heard at sentencing;
• To have restitution ordered and to be informed of (the right to pursue a civil judgment against the person convicted of the crime;)
• To receive a prompt return of the property when it is no longer needed as evidence;
• To be informed of the availability of financial assistance and community services;

• 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 or program or is permanently or conditionally transferred or released from any state hospital;
• To be informed of any rights that 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.

The following topics are discussed in greater detail on the Colorado Courts web site under the section on Victims Rights. www.courts.state.co.us

Law Enforcement’s Responsibilities

District Attorney’s Responsibilities

Court’s Responsibilities

Department of Corrections Responsibilities

Probation Department Responsibilities

Victim Responsibilities

Victim Compensation

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

You must first attempt to seek compliance at the local level. This may include but is not limited to:

If all local efforts to obtain your rights have failed, you may request assistance from the Coordinating Committee by contacting:

Colorado Department of Public Safety
Division of Criminal Justice
700 Kipling St. #1000
Denver, CO 80215-5865
303-239-4442
888-282-1080 (toll free)