As used in this part 6, unless the context otherwise
requires:
(1) Collections investigator means a person employed by the judicial
department whose primary responsibility is to administer, enforce, and collect on
court orders or judgments entered with respect to fines, fees, restitution, or any
other accounts receivable of the court, judicial district, or judicial department.
(2) Conviction means a verdict of guilty by a judge or jury or a plea of guilty
or nolo contendere that is accepted by the court for a felony, misdemeanor, petty
offense, or traffic misdemeanor offense, or adjudication for an offense that would
constitute a criminal offense if committed by an adult. Conviction also includes
having received a deferred judgment and sentence or deferred adjudication; except
that a person shall not be deemed to have been convicted if the person has
successfully completed a deferred sentence or deferred adjudication.
(2.2) Critical stages means the stages of the criminal justice process as
described in section 24-4.1-302 (2).
(2.3) Money advanced by a governmental agency for a service animal
means costs incurred by a peace officer, law enforcement agency, fire department,
fire protection district, or governmental search and rescue agency for the
veterinary treatment and disposal of a service animal that was harmed while aiding
in official duties and for the training of an animal to become a service animal to
replace a service animal that was harmed while aiding in official duties, as
applicable.
(2.5) Repealed.
(3) (a) Restitution means any pecuniary loss suffered by a victim and
includes but is not limited to all out-of-pocket expenses, interest, loss of use of
money, anticipated future expenses, rewards paid by victims, money advanced by
law enforcement agencies, money advanced by a governmental agency for a
service animal, adjustment expenses, and other losses or injuries proximately
caused by an offender's conduct and that can be reasonably calculated and
recompensed in money. 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 punitive damages.
(a.5) Restitution includes, for a person convicted of assault in the first,
second, or third degree, as described in section 18-3-202, 18-3-203, or 18-3-204, all
or any portion of the financial obligations of medical tests performed on and
treatment prescribed for a victim, peace officer, firefighter, emergency medical
care provider, or emergency medical service provider.
(b) Restitution may also include extraordinary direct public and all private
investigative costs.
(c) (I) Restitution shall also include all costs incurred by a government
agency or private entity to:
(A) Remove, clean up, or remediate a place used to manufacture or attempt
to manufacture a controlled substance or which contains a controlled substance or
which contains chemicals, supplies, or equipment used or intended to be used in the
manufacturing of a controlled substance;
(B) Store, preserve, or test evidence of a controlled substance violation; or
(C) Sell and provide for the care of and provision for an animal disposed of
under the animal cruelty laws in accordance with part 2 of article 9 of this title or
article 42 of title 35, C.R.S.
(II) Costs under this paragraph (c) shall include, but are not limited to,
overtime wages for peace officers or other government employees, the operating
expenses for any equipment utilized, and the costs of any property designed for
one-time use, such as protective clothing.
(d) Restitution shall also include costs incurred by a governmental agency
or insurer that provides medical benefits, health benefits, or nonmedical support
services directly related to a medical or health condition to a victim for losses or
injuries proximately caused by an offender's conduct, including but not limited to
costs incurred by medicaid and other care programs for indigent persons.
(3.5) Service animal means any animal, the services of which are used to
aid the performance of official duties by a peace officer, law enforcement agency,
fire department, fire protection district, or governmental search and rescue agency.
(3.7) Travel expenses means expenses incurred by airplane, train, bus, or
car travel, including baggage fees incurred by travel expenses; fares for
transportation to and from the airport, train station, bus station, or hotel to the
court proceeding or secure site; rental car expenses or the cost of operating a
personal vehicle equal to the latest published rates from the United States general
services administration for government employees, as determined pursuant to 5
U.S.C. 5701 et seq., as amended; and meal and lodging per diem equal to the latest
published rates from the United States general services administration for
government employees, as determined pursuant to 5 U.S.C. 5701 et seq., as
amended.
(4) (a) Victim means any person aggrieved by the conduct of an offender
and includes but is not limited to the following:
(I) Any person against whom any felony, misdemeanor, petty, or traffic
misdemeanor offense has been perpetrated or attempted;
(II) Any person harmed by an offender's criminal conduct in the course of a
scheme, conspiracy, or pattern of criminal activity;
(III) Any person who has suffered losses because of a contractual
relationship with, including but not limited to, an insurer, or because of liability
under section 14-6-110, C.R.S., for a person described in subparagraph (I) or (II) of
this paragraph (a);
(IV) Any victim compensation board that has paid a victim compensation
claim;
(V) If any person described in subparagraph (I) or (II) of this paragraph (a) is
deceased or incapacitated, the person's spouse, parent, legal guardian, natural or
adopted child, child living with the victim, sibling, grandparent, significant other, as
defined in section 24-4.1-302 (4), C.R.S., or other lawful representative;
(VI) Any person who had to expend resources for the purposes described in
paragraphs (b), (c), and (d) of subsection (3) of this section.
(b) Victim shall not include a person who is accountable for the crime or a
crime arising from the same conduct, criminal episode, or plan as defined under the
law of this state or of the United States.
(c) Any victim under the age of eighteen is considered incapacitated,
unless that person is legally emancipated or the court orders otherwise.
(d) It is the intent of the general assembly that this definition of the term
victim shall apply to this part 6 and shall not be applied to any other provision of
the laws of the state of Colorado that refers to the term victim.
(e) Notwithstanding any other provision of this section, victim includes a
person less than eighteen years of age who has been trafficked by an offender, as
described in section 18-3-503 or 18-3-504.