Fourth Judicial District Attorney

The Rights of Victims of Violent Crime in Colorado

Recognizing that victims are an inherent part of the criminal justice process, the voters of Colorado passed a resolution in November 1992 to include Victim Rights as part of the State's constitution. The Victim Rights Act mandates the Office of the District Attorney to provide certain information and rights to victims of violent crime. Victims have the right to be heard when relevant, informed, and present at all critical stages of the criminal justice process.

The Victim Rights Act states that victims have the right:

• To be treated with fairness, respect and dignity;
• To be informed of and present for all "critical stages" 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 the court, the prosecutor, and other law enforcement officials will take appropriate action to achieve a swift and fair resolution of the proceedings;
• To be present and heard regarding bond reduction, continuances, acceptance of plea negotiations, case disposition, or sentencing;
• 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, 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;
• To receive a prompt return of property when it is no longer needed as evidence;
• To be informed of the availability of financial assistance and community services;
• Whenever practicable, to have a safe, secure waiting area during court proceedings;
• 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 commutation of sentence;
• Upon written request, to be informed of the filing of a complaint, summons, or warrant by probation for failure to report or because location of a person convicted of a crime is unknown, request for change of venue or transfer of probation supervision, request for release from probation supervision prior to the expiration of original sentence;
• Upon written request, to be informed when a person convicted of a crime 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 which the victim has pursuant to the Constitution of the State of Colorado;
• To be informed of the process for enforcing compliance with the Victim Rights Act.

If you feel that your rights have been violated, you should attempt to seek compliance on the local level. If all local efforts to obtain your rights have failed, you may request assistance from the Coordinating Committee:

For a complete listing of your rights refer to Colorado Revised Statutes 24-4.1-101. If you have any additional questions or desire additional information on crime victim rights, contact the Victim Witness Unit at 520-6049

Crimes covered by the Victim Rights Act

• Murder, Manslaughter
• Criminally negligent homicide and vehicular homicide
• Assault - 1st, 2nd, 3rd
• Menacing
• Kidnapping
• Sexual Assault - 1st, 2nd, 3rd, on a child, on a child by one in position of trust, on a client by a psychotherapist
• Robbery - aggravated, aggravated of a controlled substance
• Incest and aggravated incest
• Child abuse
• Sexual exploitation of children
• Crimes against at-risk adults or at-risk juveniles
• Crimes for which the underlying foundation has been determined to be domestic violence
• Careless driving that results in death
• Failure to stop at the scene of an accident involving a death
• Harassment by stalking
• Ethnic intimidation
• Any criminal attempt, conspiracy, criminal solicitation, or accessory involving any of the crimes stated above

Critical Stages covered by the Victim Rights Act

• Filing of charges
• Preliminary hearing
• Any bond reduction or modification hearing*
• Arraignment hearing
• Motions hearing
• Disposition of the complaint or charges*
• Trial
• Sentencing hearing *
• Appellate review or appellate decision
• Sentence reconsideration
• Probation revocation hearing
• The filing of a complaint, summons, or warrant by probation for failure to report or because location of a person convicted of a crime is unknown
• Request for change of venue or transfer of probation supervision
• Request for release from probation supervision prior to the expiration of original sentence
• Attack of a judgement or conviction
• Parole application hearing
• Parole, release, or discharge from imprisonment
• Parole revocation hearing
• Transfer to or placement of a person convicted of a crime in a non-secured facility
• Transfer, release, or escape of a person charged or convicted of a crime from any state hospital

  * In addition to the right to be informed and present, the victim also has a right to be heard at hearings on bond reduction, disposition of the complaint such as acceptance of a negotiated plea, and sentencing. The victim also has the right to provide input to the court (through the deputy district attorney) regarding continuances.