C.R.S. Section 24-4.1-108
Awarding compensation

(1)

A person is entitled to an award 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 which resulted in a loss;

(b)

The appropriate law enforcement officials were notified of the perpetration of the crime allegedly causing the death of or injury to the victim within seventy-two hours after its perpetration, unless the board finds good cause exists for the failure of notification;

(c)

The applicant has cooperated fully with law enforcement officials in the apprehension and prosecution of the assailant, or the board has found good cause exists for the failure to cooperate, or, if the applicant is a victim of assault by strangulation, the applicant cooperates with law enforcement by undergoing a medical forensic examination;

(d)

Repealed.

(e)

The death of or injury to the victim was not substantially attributable to his wrongful act or substantial provocation of his assailant; and

(f)

The application for an award of compensation under this part 1 is filed with the board within one year of the date of injury to the victim or within such further extension of time as the board, for good cause shown, allows. For purposes of this paragraph (f), “good cause” may include but is not limited to circumstances in which a crime has remained unsolved for more than one year.

(1.5)

A person is entitled to an award of compensation for property damage under this part 1 if:

(a)

The person is a victim of a compensable crime which was perpetrated on or after July 1, 1983, and which resulted in property damage;

(b)

The appropriate law enforcement officials were notified of the perpetration of the crime causing property damage within seventy-two hours after its perpetration, unless the board finds good cause exists for the failure of notification;

(c)

The applicant has cooperated fully with law enforcement officials in the apprehension and prosecution of the assailant or the board has found good cause exists for the failure to cooperate; and

(d)

The application for an award of compensation for property damage under this part 1 is filed with the board within six months of the date of property damage or within such further extension of time as the board, for good cause shown, allows.

(2)

The board may waive any of the requirements set forth in this section, or the limitations set forth in section 24-4.1-109 (1), or order a denial or reduction of an award if, in the interest of justice, it is so required.

(3)

Upon a finding by the board that compensation should be awarded, the board shall submit a statement of award to the court administrator who shall remit payment in accordance with the statement of award.

(4)

Consistent with approved standards established pursuant to section 24-4.1-117.3 (3) for the administration of crime victim compensation funds, the board may develop policies to ensure that primary victims are compensated and to ensure that available moneys in the fund are not exceeded.

Source: Section 24-4.1-108 — Awarding compensation, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑4.1‑100.1
Short title 24‑4.1‑101
Legislative declaration 24‑4.1‑102
Definitions 24‑4.1‑103
Crime victim compensation board - creation 24‑4.1‑104
District attorney to assist board 24‑4.1‑105
Application for compensation 24‑4.1‑106
Hearings 24‑4.1‑107
Regulations 24‑4.1‑107.5
Confidentiality of materials - definitions 24‑4.1‑108
Awarding compensation 24‑4.1‑109
Losses compensable 24‑4.1‑110
Recovery from collateral source 24‑4.1‑111
Compensation to relatives 24‑4.1‑112
Emergency awards 24‑4.1‑113
Fees 24‑4.1‑114
Assignment, attachment, or garnishment of award 24‑4.1‑114.5
Limitations on characterization of award as income 24‑4.1‑115
Survival of rights 24‑4.1‑116
Subrogation 24‑4.1‑116.5
Collection actions against crime victims - suspension 24‑4.1‑117
Fund created - control of fund 24‑4.1‑117.3
Crime victim services advisory board - creation - duties 24‑4.1‑117.7
State crime victims compensation program - creation - appropriation 24‑4.1‑118
Court administrator custodian of fund - disbursements 24‑4.1‑119
Costs and surcharges levied on criminal actions and traffic offenses 24‑4.1‑120
Effective dates of provisions of this article 24‑4.1‑122
Reports 24‑4.1‑201
Distribution of profits from crime - escrow account - civil suit by victim - definitions 24‑4.1‑202
Notification of board 24‑4.1‑203
More than one claim 24‑4.1‑204
Actions null and void 24‑4.1‑205
Interest on moneys in the account 24‑4.1‑206
Annual reports of funds 24‑4.1‑207
Applicability 24‑4.1‑300.1
Short title 24‑4.1‑301
Legislative declaration 24‑4.1‑302
Definitions 24‑4.1‑302.5
Rights afforded to victims - definitions 24‑4.1‑303
Procedures for ensuring rights of victims of crimes 24‑4.1‑304
Child victim or witness - rights and services 24‑4.1‑305
Disclosure by agent of defense-initiated victim outreach required - definition 24‑4.1‑401
Definitions 24‑4.1‑402
Immigration certification forms - completion deadlines 24‑4.1‑403
Certification forms - signature requirement - limitation on factors for consideration 24‑4.1‑404
Prohibition on disclosure of victim’s immigration status 24‑4.1‑405
Duty to inform victims 24‑4.1‑406
Reports 24‑4.1‑501
Definitions 24‑4.1‑502
Victims of a violent crime brain injury task force - established - duties - membership - report - repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 24-4.1-108’s source at colorado​.gov