(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 justice process;
(b) The right to be informed of and be present by appearing in person, by
phone, virtually by audio or video, or similar technology for all critical stages of the
criminal justice process as specified in section 24-4.1-302 (2); except that the victim
shall have the right to be informed of, without being present for, the critical stages
described in section 24-4.1-302 (2)(a), (2)(a.5), (2)(a.7), (2)(e.5), (2)(k.3), (2)(n), (2)(p),
(2)(q), (2)(r), and (2)(u);
(b.4) The right to be informed, pursuant to section 16-12-307, of wrongful
action by a crime laboratory employee in a case involving a crime listed in section
24-4.1-302 (1).
(b.5) Repealed.
(b.6) For a victim of an offense resulting in a juvenile felony adjudication, the
right to be informed of the filing of any petition or motion to legally possess, use, or
carry a firearm or other weapon pursuant to section 18-12-108 (3)(b);
(b.7) For a victim of a sex offense, the right to be informed of the filing of any
petition or motion filed to terminate sex offender registration pursuant to section
16-22-103 (5) or 16-22-113 (2) and (2.5);
(b.8) For a victim who has had forensic medical evidence collected pursuant
to section 12-240-139 (1)(b) that has not resulted in a conviction or plea of guilty,
the right to be notified by the law enforcement agency with jurisdiction for the case
of the status and location of the victim's forensic medical evidence including:
(I) The right to be notified that the forensic medical evidence has been
submitted to an accredited crime lab for testing as required by the rules
promulgated pursuant to section 24-33.5-113;
(II) The right to be notified when the law enforcement agency has received
the results of the medical forensic evidence DNA analysis from the accredited
crime laboratory;
(II.5) Notwithstanding subsection (1)(b.8)(II) of this section, the right to be
notified every ninety days by the law enforcement agency when the law
enforcement agency has not yet received the results of the medical forensic
evidence DNA analysis from the accredited crime laboratory. A law enforcement
agency complies with this subsection (1)(b.8)(II.5) by notifying all victims required to
be notified at the same time during the first week of each of March, June,
September, and December.
(III) The right to be informed of whether a DNA sample was obtained from
the analysis and whether or not there are matches to DNA profiles in state or
federal databases;
(IV) The right to be informed at least sixty days prior to the destruction of
forensic medical evidence collected in connection with the alleged sex offense;
(V) The right to file, prior to the expiration of the sixty-day period, an
objection with the law enforcement agency, the Colorado bureau of investigation, or
the accredited crime laboratory that is proposing to destroy the forensic medical
evidence;
(VI) The right to be informed of any change in status of the case, including if
the case has been closed or reopened; and
(VII) The right to receive a physical document identifying the rights under
law after the exam has been completed;
(b.9) The right to receive a free copy of the initial incident report from the
investigating law enforcement agency; except that the release of a document
associated with the investigation is at the discretion of the law enforcement agency
based on the status of the case or security and safety concerns in a correctional
facility, local jail, or private contract prison as defined in section 17-1-102. The initial
incident report must contain, at a minimum, the victim's name, the offender's name,
the date of the crime, the charges, and a summary of the incident so the victim has
sufficient detail to help the victim with, including but not limited to, insurance
claims, employer intercession, protection orders, and landlord-tenant notification.
The law enforcement agency may redact the names of other victims involved in the
incident who are not related to the victim requesting the report and any personal
identifying information, including but not limited to social security numbers, driver's
license numbers, telephone numbers, email addresses, and physical addresses
related to parties or witnesses in the case. The investigating law enforcement
agency shall notify the district attorney of the information the victim received in the
incident report and when it was provided to the victim. The district attorney shall
provide this information to any defendant involved in the case through the
discovery process.
(c) (I) Except as otherwise provided in subsection (1)(c)(II) of this section:
(A) The right to be informed when a person who is accused or convicted of a
crime against the victim is released or discharged from county jail; and
(B) The right to be informed when a person who is accused or convicted of a
crime against the victim is released or discharged from custody other than county
jail, is paroled, escapes from a secure or nonsecure correctional facility or program,
absconds from probation or parole, or commits an unauthorized absence as
described in section 18-8-208.2 (1).
(II) With respect to the release, discharge, or permanent transfer of a person
from a county jail or correctional facility, the provisions of subparagraph (I) of this
paragraph (c) shall apply when the person released, discharged, or permanently
transferred is no longer within the care and control of the supervising law
enforcement or correctional agency. The provisions of subparagraph (I) of this
paragraph (c) shall not apply to the temporary transfer of the care and control of a
person from a county jail or a correctional facility by the supervising law
enforcement or correctional agency to another equally or more secure county jail or
correctional facility, so long as the person will return to the care and control of the
transferring supervisory agency.
(d) The right to be heard at any court proceeding:
(I) Involving the defendant's bond as specified in section 24-4.1-302 (2)(c). If
there is a request to decrease or modify the bond or bond conditions, the court shall
set a hearing pursuant to section 16-4-109 (1), and the district attorney shall notify
the victim of the hearing.
(I.5) Involving a hearing for the disclosure of the name and identifying
information of a child victim or child witness pursuant to section 24-72-304
(4.5)(a.5);
(II) At which the court accepts a plea of nolo contendere;
(III) At which the court accepts a negotiated plea agreement;
(IV) At which a person accused or convicted of a crime against the victim is
sentenced or resentenced;
(V) At which the sentence of a person accused or convicted of a crime
against the victim is modified;
(VI) At which the defendant requests a modification of the no contact
provision of the mandatory criminal protection order pursuant to section 18-1-1001
or 19-2.5-607;
(VII) Involving any application to the court for the issuance of a subpoena for
records concerning the victim's medical history, mental health, education, or victim
compensation, or any other records that are privileged pursuant to section 13-90-107;
(VIII) Involving a petition for expungement as described in section 19-1-306;
(IX) Involving a hearing as described in section 24-31-902 (2)(c);
(X) Involving a hearing held pursuant to section 24-72-706, 24-72-709, or
24-72-710; or
(XI) Involving a hearing held pursuant to section 18-1.3-103.7 or 19-2.5-1118.5.
(d.5) (I) If a victim or a victim's designee is unavailable to be present for the
critical stages described in subsection (1)(d) of this section and the victim or the
victim's designee wishes to address the court, the right to request that the court,
within the court's resources, arrange and provide the means for the victim and the
victim's designee to provide input to the court beyond a written victim impact
statement, which may include, but need not be limited to, appearing by phone,
virtually by video or audio, or similar technology.
(II) For purposes of this paragraph (d.5), unavailable means that the victim
or the victim's designee is physically unable to attend the court hearing, may
sustain a financial hardship to attend the court hearing, is concerned for his or her
safety if he or she attends the court hearing, may suffer significant emotional
impact by attending the hearing, or is unavailable for other good cause.
(III) The victim or the victim's designee shall notify the district attorney
within a reasonable time that the victim or the victim's designee is unavailable to
attend the court hearing. The district attorney's office shall then inform the court
that the victim or the victim's designee, due to the victim's or the victim's
designee's unavailability, is requesting the court to arrange for and provide the
means to address the court, which must include but need not be limited to
appearing by phone, virtually by video or audio, or similar technology. The district
attorney shall inform the victim or the victim's designee of the available options to
appear remotely.
(IV) This subsection (1)(d.5) applies to a victim who is incarcerated or
otherwise being held in a local county jail, the department of corrections, or the
division of youth services in the department of human services, but is limited to
participation by telephone or appearing virtually by video or audio, or similar
technology.
(e) The right to consult with the prosecution after any crime against the
victim has been charged, prior to any prefile or post filing diversion offer, prior to
any disposition of the case, or prior to any trial of the case, and the right to be
informed of the final disposition of the case. The right to consult with the
prosecution must include an explanation to the victim of the possibility that the
defendant may not serve the defendant's entire sentence in the department of
corrections because the defendant may receive good time credits or earned time
while incarcerated;
(e.2) The right to be informed if a district attorney grants early termination to
an offender participating in a diversion program and the date of termination from
the diversion program;
(f) The right to be informed by local law enforcement agencies, prior to the
filing of charges with the court, or by the district attorney, after the filing of
charges with the court, of the status of any case concerning a crime against the
victim, and any scheduling changes or cancellations, if such changes or
cancellations are known in advance;
(g) The right to be present at the sentencing hearing, including any hearing
conducted pursuant to section 18-1.3-1201 or 18-1.4-102, C.R.S., for cases involving
class 1 felonies, of any person convicted of a crime against such victim, and to
inform the district attorney and the court, in writing, by a victim impact statement,
and by an oral statement, of the harm that the victim has sustained as a result of
the crime, with the determination of whether the victim makes written input or oral
input, or both, to be made at the sole discretion of the victim;
(h) The right to have the court determine the amount, if any, of restitution to
be paid to a victim pursuant to part 6 of article 1.3 of title 18, C.R.S., by any person
convicted of a crime against such victim for the actual pecuniary damages that
resulted from the commission of the crime;
(i) The right to be informed of the victim's right to pursue a civil judgment
against any person convicted of a crime against the victim for any damages
incurred by the victim as a result of the commission of the crime regardless of
whether the court has ordered such person to make restitution to the victim;
(i.5) (Deleted by amendment, L. 2006, p. 645, � 4, effective July 1, 2006.)
(j) The right to be informed of any proceeding at which any postconviction
release from confinement in a secure state correctional facility is being considered
for any person convicted of a crime against the victim and the right to be present by
appearing in person, by phone, or virtually by video or audio, or similar technology,
and heard at any such proceeding or to provide written information. For purposes of
this subsection (1), proceeding means reconsideration of sentence, a parole
hearing, a full parole board review, revocation hearing, rescission hearing,
commutation of sentence, or consideration for placement in the specialized
program developed by the department of corrections pursuant to section 17-34-102.
(j.2) The right to be informed of any request for progression from the state
mental health hospital on behalf of a person in its custody as a result of a criminal
case involving the victim, and the right to be present by appearing in person, by
phone, or virtually by video or audio, or similar technology, and heard at any hearing
during which a court considers such a request. For purposes of this subsection
(1)(j.2), request for progression includes any request for off-grounds or
unsupervised privileges, community placement, conditional release, unconditional
discharge, or a special furlough.
(j.3) The right to be notified of a referral of an offender to community
corrections;
(j.5) (I) The right to provide a written victim impact statement that must be
included with any referral made by the department of corrections or a district court
to place an offender in a community corrections facility or program. A community
corrections board may allow a victim to provide an oral statement by appearing in
person, by phone, or virtually by video or audio, or similar technology, to the
community corrections board when an offender is being considered for a direct
sentence to community corrections and may place reasonable limits on the victim's
oral statement.
(II) For purposes of this subsection (1)(j.5), the victim shall have the right to
provide a separate oral statement by appearing in person, by phone, or virtually by
video or audio, or similar technology, to the community corrections board
considering a transitional referral, but the board shall have discretion to place
reasonable parameters on the victim's oral statement. If a community corrections
board denies the offender's referral to community corrections, the victim's right
under this subsection (1)(j.5)(II) to provide an oral statement must not take effect.
(III) For purposes of this subsection (1)(j.5), if a victim or a victim's designee is
unavailable to be present for a proceeding to consider an offender for a direct
sentence or transitional referral to community corrections as described in
subsection (1)(j.5)(I) of this section, and the victim or the victim's designee wishes to
address the community corrections board, the victim or the victim's designee shall
notify the community corrections board within a reasonable time that the victim is
unavailable to attend the proceeding but would like to make a statement. Within its
resources, the community corrections board shall arrange for and provide the
means for the victim to address the board, which means may include, but need not
be limited to, appearing in person, by phone, or virtually by audio or video, or similar
technology.
(IV) For purposes of this subsection (1)(j.5), unavailable means the victim or
the victim's designee is physically unable to attend the proceeding, may sustain a
financial hardship to attend the proceeding, is concerned for his or her safety if he
or she attends the proceeding, may suffer significant emotional impact by
attending the proceeding, or is unavailable for other good cause.
(V) This subsection (1)(j.5) applies to a victim who is incarcerated or
otherwise being held in a local county jail, the department of corrections, or the
division of youth corrections in the department of human services but is limited to
participation by appearing in person, by phone, or virtually by audio or video, or
similar technology.
(j.7) The right, at the discretion of the district attorney, to view all or a
portion of the presentence report of the probation department;
(j.8) The right, upon request, to obtain any incident recording as described in
section 24-31-902;
(k) The right to promptly receive any property that belongs to a victim and
that is being held by a prosecutorial or law enforcement agency unless there are
evidentiary reasons for the retention of such property;
(l) The right to be informed of the availability of financial assistance and
community services for victims, the immediate families of victims, and witnesses,
which assistance and community services shall include, but shall not be limited to,
crisis intervention services, victim compensation funds, victim assistance resources,
legal resources, mental health services, social services, medical resources,
rehabilitative services, and financial assistance services, and the right to be
informed about the application process for such services;
(l.5) The right to be informed about the possibility of restorative justice
practices, as defined in section 18-1-901 (3)(o.5), C.R.S., which includes victim-offender conferences;
(m) The right to be informed about what steps can be taken by a victim or a
witness, including information regarding protection services, in case there is any
intimidation or harassment by a person accused or convicted of a crime against the
victim, or any other person acting on behalf of the accused or convicted person;
(n) The right to be provided with appropriate employer intercession services
to encourage the victim's employer to cooperate with the criminal justice system in
order to minimize the loss of employment, pay, or other benefits resulting from a
victim's court appearances or other required meetings with criminal justice
officials;
(o) The right 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;
(p) The right to be provided, whenever practicable, with a secure waiting
area during court proceedings that does not require a victim or a witness to be seen
or to be in close proximity to the person accused or convicted of a crime against the
victim or such person's family or friends;
(q) The right to be informed when a person convicted of a crime against the
victim is placed in or transferred to a less secure public or private correctional
facility or program;
(q.5) The right to be informed of the results of a probation or parole
revocation hearing;
(r) The right to be informed when a person who is or was charged with or
convicted of a crime against the victim escapes or is permanently or conditionally
transferred or released from any public hospital, private hospital, or state hospital;
(s) The right to be informed of any rights which the victim has pursuant to
the constitution of the United States or the state of Colorado;
(t) The right to be informed of the process for enforcing compliance with this
article pursuant to section 24-4.1-303 (17);
(u) The right to be informed of the results of any testing for a sexually
transmitted infection that is ordered and performed pursuant to section 18-3-415,
25-4-408 (6), or 25-4-412, C.R.S.;
(v) The right to prevent any party at any court proceeding from compelling
testimony regarding the current address, telephone number, place of employment,
or other locating information of the victim unless the victim consents or the court
orders disclosure upon a finding that a reasonable and articulable need for the
information exists. Any proceeding conducted by the court concerning whether to
order disclosure shall be in camera.
(w) The right to have the district attorney, a law enforcement agency, a
probation department, a state or private correctional facility, the department of
human services, or the Colorado mental health institute at Pueblo make all
reasonable efforts to exclude or redact a victim's social security number or a
witness' social security number from a criminal justice document or record created
or compiled as a result of a criminal investigation when the document or record is
released to anyone other than the victim, the defense attorney of record, the
defense attorney's agent, or a criminal justice agency that has duties under this
article;
(x) The right to be notified of how to request protection of their address
pursuant to the Colorado rules of criminal procedure;
(y) The right to receive a copy of the victim impact statement form from the
district attorney's office;
(z) The right to be notified of a hearing concerning any motion filed for or
petition for sealing of records described in section 24-72-706 or 24-72-709 or 24-72-710 filed by a defendant in the criminal case whose crime falls under section 24-4.1-302 (1);
(aa) The right to be informed of the governor's decision to commute or
pardon a person convicted of a crime against the victim before such information is
publicly disclosed.
(1.6) The right to be informed of the existence of a criminal protection order
pursuant to section 18-1-1001 or 19-2.5-607 and, upon request of the victim,
information about provisions that may be added or modified, and the process for
requesting such an addition or modification.
(2) Subsection (1) of this section shall not be construed to imply that any
victim who is incarcerated by the department of corrections or any local law
enforcement agency has a right to be released to attend any hearing or that the
department of corrections or the local law enforcement agency has any duty to
transport such incarcerated victim to any hearing.
(3) Municipalities and municipal courts shall be encouraged to adopt policies
which afford the rights granted to crime victims pursuant to this section to crime
victims at the municipal court level, to the extent the adoption of such policies is
practicable in the particular municipality.
(4) (a) If a victim contacts a criminal justice agency regarding a crime that
occurred before 1993, and the offender who committed the crime is currently
serving a sentence for the crime, the victim may request notification of any future
critical stages of the criminal proceedings. This provision does not require a
criminal justice agency to proactively locate victims of crimes that occurred before
1993.
(b) If an arrest is made for a crime committed before 1993 that was
previously unsolved, the appropriate criminal justice agency shall notify the crime
victim of all future critical stages.
Source: L. 92: Entire section added, p. 418, � 3, effective January 14, 1993. L.
94: (1)(i.5) added, p. 2042, � 25, effective July 1. L. 95: (1)(b), (1)(c), (1)(e), (1)(h), (1)(i.5),
(1)(j), and (1)(p) to (1)(r) amended and (1)(j.5) added, p. 1403, � 5, effective July 1. L. 97: (1)(g) amended, p. 47, � 1, effective March 21; (1)(r) and (1)(s) amended and (1)(t)
added, p. 1561, � 6, effective July 1. L. 2000: (1)(d), (1)(q), and (1)(r) amended and
(1)(j.7) and (1)(u) added, p. 241, � 5, effective March 29; (1)(h) amended, p. 1051, � 21,
effective September 1. L. 2002: (1)(g) amended, p. 1530, � 240, effective October 1. L. 2002, 3rd Ex. Sess.: (1)(g) amended, p. 34, � 31, effective July 12 and (1)(g)
amended, p. 34, � 32, effective October 1. L. 2006: (1)(b), (1)(c), (1)(g), (1)(h), (1)(i.5),
(1)(j.5), (1)(k), (1)(t), and (1)(u) amended and (1)(b.5), (1)(j.3), and (1)(v) added, p. 645, �
4, effective July 1. L. 2007: (1)(b.5) amended and (1)(b.7) added, pp. 839, 840, �� 2, 3,
effective May 14. L. 2008: (1)(d) amended, p. 326, � 2, effective April 7. L. 2009: (1)(j.5) amended, (HB 09-1181), ch. 76, p. 276, � 1, effective August 5. L. 2011: (1)(l.5)
added, (HB 11-1032), ch. 296, p. 1408, � 19, effective August 10. L. 2012: (1)(b),
(1)(c)(II), (1)(d)(V), (1)(d)(VI), (1)(j.5)(I), (1)(m), and (1)(u) amended and (1)(d)(VII), (1)(d.5),
(1)(w), (1)(x), (1)(y), (1.6), and (4) added, (HB 12-1053), ch. 244, p. 1152, � 2, effective
August 8. L. 2013: (1)(b) amended, (HB 13-1156), ch. 336, p. 1958, � 8, effective
August 7; (1)(d)(VI) and (1)(d)(VII) amended and (1)(d)(VIII) added, (HB 13-1082), ch.
238, p. 1157, � 3, effective August 7; (1)(l.5) amended, (HB 13-1254), ch. 341, p. 1990,
� 11, effective August 7. L. 2014: (1)(b.9) and (1)(z) added and (1)(d.5)(IV) and (4)
amended, (HB 14-1148), ch. 95, p. 348, � 2, effective August 6. L. 2015: (1)(z)
amended, (SB 15-264), ch. 259, p. 958, � 61, effective August 5. L. 2016: (1)(d)(IV)
amended, (SB 16-181), ch. 353, p. 1452, � 7, effective June 10; IP(1) and (1)(u)
amended, (SB 16-146), ch. 230, p. 919, � 16, effective July 1; (1)(j) amended, (SB 16-180), ch. 352, p. 1445, � 5, effective August 10. L. 2017: (1)(d.5)(IV) amended, (HB 17-1329), ch. 381, p. 1981, � 53, effective June 6; (1)(j) amended and (1)(j.2), (1)(j.5)(III),
(1)(j.5)(IV), (1)(j.5)(V), (1)(q.5), and (1)(aa) added, (SB 17-051), ch. 155, p. 528, � 2,
effective August 9; (1)(d)(VIII) amended, (HB 17-1204), ch. 206, p. 785, � 7, effective
November 1. L. 2018: (1)(b.7) amended, (SB 18-026), ch. 143, p. 926, � 4, effective
August 8. L. 2019: (1)(b.5) repealed and (1)(c)(I), (1)(j), (1)(q), and (1)(r) amended, (HB
19-1064), ch. 296, p. 2750, � 4, effective May 28; (1)(z) amended, (HB 19-1275), ch.
295, p. 2748, � 5, effective August 2. L. 2020: (1)(c)(I)(B) amended, (HB 20-1019), ch.
9, p. 28, � 12, effective March 6; (1)(d)(VII) and (1)(d)(VIII) amended and (1)(d)(IX) and
(1)(j.8) added, (SB 20-217), ch. 110, p. 458, � 12, effective June 19. L. 2021: (1)(b.8)
added, (HB 21-1143), ch. 191, p. 1012, � 4, effective May 27; (1)(b.7) amended, (HB 21-1064), ch. 320, p. 1970, � 11, effective September 1; (1)(d)(VIII), (1)(d)(IX), and (1)(z)
amended and (1)(d)(X) added, (HB 21-1214), ch. 455, p. 3036, � 9, effective
September 7; (1)(d)(VI) and (1.6) amended, (SB 21-059), ch. 136, p. 743, � 109,
effective October 1. L. 2022: (1)(b.6) added, (HB 22-1257), ch. 69, p. 362, � 12,
effective April 7; (1)(b), (1)(b.9), (1)(d)(I), (1)(d)(VII), (1)(d.5)(I), (1)(d.5)(III), (1)(d.5)(IV),
(1)(e), (1)(j), (1)(j.2), (1)(j.5)(I), (1)(j.5)(II), (1)(j.5)(III), (1)(j.5)(V), and (1)(z) amended and
(1)(e.2) added, (SB 22-049), ch. 152, p. 970, � 3, effective May 6. L. 2023: (1)(d)(I.5)
added, (SB 23-075), ch. 242, p. 1300, � 3, effective August 7; (1)(d)(IX) and (1)(d)(X)
amended and (1)(d)(XI) added, (HB 23-1187), ch. 246, p. 1347, � 10, effective August
7. L. 2025: (1)(b.10) added, (HB 25-1275), ch. 352, p. 1906, � 2, effective June 2;
IP(1)(b.8) amended and (1)(b.8)(II.5) added, (SB 25-304), ch. 414, p. 2352, � 2,
effective June 3.