C.R.S.
Section 24-4.1-303
Procedures for ensuring rights of victims of crimes
(1)
Law enforcement agencies, prosecutorial agencies, judicial agencies, and correctional agencies shall ensure that victims of crimes are afforded the rights described in section 24-4.1-302.5.(1.5)
If a crime victim is deceased or incapacitated, as defined in section 24-4.1-302 (5), one or more people, as described in section 24-4.1-302 (6), may represent the interests of the victim as the victim’s designee and may have the right to be informed, present, or heard at any proceeding pursuant to section 24-4.1-302.5 (1)(d), (1)(j), and (1)(j.5) and subsections (13.5)(a)(III), (13.5)(a)(IV), and (14)(d) of this section.(2)
All correctional officials shall keep confidential the address, telephone number, place of employment, or other personal information of such victim or members of such victim’s immediate family.(3)
The district attorney’s office, if practicable, shall inform the victim of any pending motion that may substantially delay the prosecution. The district attorney shall inform the court of the victim’s position on the motion, if any. If the victim has objected, the court shall state in writing or on the record prior to granting any delay that the objection was considered.(3.5)
The district attorney’s office, if practicable, shall inform the victim of any pending motion or decision by the district attorney to sequester the victim from a critical stage in the case. The district attorney shall inform the court of the victim’s position on the motion or the district attorney’s decision, if any. If the victim has objected, then the court, before granting the sequestration order, shall state in writing or on the record that the victim’s objection was considered and state the basis for the court’s decision. If a victim is sequestered, the district attorney must undertake best efforts to prioritize the timing of the victim’s testimony and minimize the amount of time the victim is sequestered from the critical stages in the case.(4)
After a crime has been charged, or as part of a prefiling or post filing diversion offer, unless inconsistent with the requirements of investigative activities, the district attorney shall consult, if practicable, with the victim concerning the reduction of charges, negotiated pleas, diversion, dismissal, seeking of death penalty, or other disposition. The district attorney shall explain to the victim 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. Failure to comply with this subsection (4) does not invalidate any decision, agreement, or disposition. This subsection (4) must not be construed as a restriction on or delegation of the district attorney’s authority under the constitution and laws of this state.(5)
All reasonable attempts shall be made to protect any victim or the victim’s immediate family from harm, harassment, intimidation, or retaliation arising from cooperating in the reporting, investigation, and prosecution of a crime. Law enforcement officials and the district attorney shall provide reasonable efforts to minimize contact between the victim and the victim’s immediate family and the defendant and the relatives of the defendant before, during, and immediately after a judicial proceeding. Whenever possible, a waiting area shall be provided that is separate in both proximity and sight from that of the defendant, the defendant’s relatives, and any defense witnesses.(6)
Intentionally left blank —Ed.(a)
A victim or an individual designated by the victim may be present at all critical stages of a criminal proceeding regarding any crime against such victim unless the court or the district attorney determines that exclusion of the victim is necessary to protect the defendant’s right to a fair trial or the confidentiality of juvenile proceedings. If the victim is present, the court, at the victim’s request, may permit the presence of an individual to provide support to the victim.(b)
A victim may be present at the phase of the trial at which the defendant is determined to be guilty or not guilty and may be heard at such phase of the trial if called to testify by the district attorney, defense, or court if any such statement would be relevant.(c)
The court shall make all reasonable efforts to accommodate the victim upon the return of a verdict by the jury. If the court is informed by the district attorney that the victim is en route to the courtroom for the reading of the verdict, the court shall state on the record that it has considered the information provided by the district attorney prior to the return of the verdict by the jury.(7)
When a victim’s property is no longer needed for evidentiary reasons, the district attorney or any law enforcement agency shall, upon request of the victim, return such property to the victim within five working days unless the property is contraband or subject to forfeiture proceedings.(8)
An employer may not discharge or discipline any victim or a member of a victim’s immediate family for honoring a subpoena to testify in a criminal proceeding or for participating in the preparation of a criminal proceeding.(9)
The district attorney and any law enforcement agency shall inform each victim as to the availability of the following services:(a)
Follow-up support for the victim and the victim’s immediate family in order to ensure that the necessary assistance is received by such persons;(b)
Services for child victims and elderly victims, and services for victims who are persons with disabilities, which are directed to the special needs of such victims;(c)
Referral to special counseling facilities and community service agencies by providing the names and telephone numbers of such facilities or agencies, whether public or private, which provide such services as crisis intervention services, victim compensation funds, victim assistance resources, legal resources, mental health services, social services, medical resources, rehabilitative services, financial assistance, and other support services;(d)
Transportation and household assistance to promote the participation of any victim or the victim’s immediate family in the criminal proceedings;(e)
Assistance in dealing with creditors and credit reporting agencies to deal with any financial setbacks caused by the commission of a crime;(f)
Interpretation services and information printed in languages other than the English language;(g)
Child care services to enable a victim or the victim’s immediate family to give testimony or otherwise participate in the prosecution of a criminal proceeding; and(h)
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.(10)
Intentionally left blank —Ed.(a)
After the initial contact between a victim and a law enforcement agency responsible for investigating a crime, the agency shall promptly give the victim the following information in writing:(I)
A statement of the victim’s rights as enumerated in this article;(II)
Information concerning the availability of victim assistance, medical, and emergency services;(III)
Information concerning the availability of compensatory benefits pursuant to this article and the name, address, and telephone number of any person to contact to obtain such benefits;(IV)
The availability of protection for the victim from the person accused of committing a crime against the victim, including protective court orders; and(V)
The right of a victim to request a copy of the law enforcement report and other documents related to the case, including the right to receive a free copy of the initial incident report. The release of any documents associated with the investigation is at the discretion of the law enforcement agency based on the status of the case.(b)
As soon as available, the law enforcement agency shall give to each victim, as appropriate, the following information:(I)
The business address and business telephone number of the office of the district attorney;(II)
The file number of the case and the name, business address, and business telephone number of any law enforcement officer assigned to investigate the case;(III)
Unless such information would be inconsistent with the requirements of the investigation, information as to whether a suspect has been taken into custody and, if known, whether the suspect has been released, any conditions imposed upon such release, and further notification that may be required pursuant to section 24-4.1-302.5 (1)(c);(IV)
Upon request of the victim, the law enforcement agency shall provide the victim in a cold case information concerning any change in the status of the case. In addition, the law enforcement agency shall provide an update at least annually to the victim concerning the status of a cold case involving one or more crimes for which the criminal statute of limitations is longer than three years.(V)
Any final decision not to file misdemeanor charges against a person accused of committing any crime specified in section 24-4.1-302 (1) against the victim unless law enforcement and the district attorney’s office in a judicial district have developed a policy specifying the manner in which to inform victims of decisions not to file charges in a case.(11)
The district attorney shall inform a victim of the following:(a)
The filing of charges against a person accused of committing any of the crimes specified in section 24-4.1-302 (1) against the victim, including an explanation of the charges when necessary; or a final decision not to file felony charges against a person for whom law enforcement has requested, pursuant to section 16-21-103 (2)(a), C.R.S., the filing of charges for any of the crimes specified in section 24-4.1-302 (1) committed against the victim unless law enforcement and the district attorney’s office in a judicial district have developed a policy specifying the manner in which to inform victims of decisions not to file charges in a case;(a.5)
The charges to be filed, prior to filing of the charges, if the most serious charge to be filed is lower than the most serious charge for which the individual was arrested and the filing of the lower charge may result in the court issuing a new, lower bond;(b)
Any of the critical stages specified in section 24-4.1-302 (2)(a) to (2)(j), (2)(l), and (2)(u.5) of a criminal proceeding relating to a person accused of a crime against the victim; except that the district attorney shall not be obligated to inform the victim of any appellate review undertaken by the attorney general’s office;(b.3)
Any 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);(b.5)
Any critical stage described in section 24-4.1-302 (2)(r.3) relating to a hearing concerning a petition for the expungement of juvenile records, which records concern an offense committed by the juvenile against the victim;(b.7)
Any motion filed, unless the motion is denied because the motion is either insufficient or the defendant is not entitled to relief, or any hearing concerning a motion or petition for sealing of records as described in section 24-72-706, 24-72-709, or 24-72-710 that was filed by a defendant in the criminal case and whose crime falls under section 24-4.1-302 (1). The notification should be made using the last known contact information that is available for the victim.(c)
The assignment of any case regarding a crime against the victim, including the file number of such case and, if available, the name, business address, and business telephone number of any deputy district attorney assigned to the case, and the court room to which the case is assigned;(d)
The date, time, and place of any of the critical stages specified in section 24-4.1-302 (2)(a) to (2)(j) and (2)(l) of the proceeding;(e)
The availability of benefits pursuant to this article and the name, address, and telephone number of any person to contact to obtain such benefits;(f)
The availability of transportation to and from any court proceeding for any victim, except as provided in section 24-4.1-302.5 (2);(g)
The availability of restorative justice practices, as defined in section 18-1-901 (3)(o.5), C.R.S., which includes victim-offender conferences;(h)
The right to complete a written victim impact statement. The victim has the option to complete the statement on a form provided by the district attorney’s office. The district attorney shall inform the victim that the defendant has a right to view the victim impact statement.(i)
The availability of the district attorney to seek a court order to protect a victim’s residential address.(12)
Unless a victim requests otherwise, the district attorney shall inform each victim of the following:(a)
The function of a presentence report, including the name and telephone number of the probation office preparing any such report regarding a person convicted of a crime against the victim, and the right of a victim, or a member of the victim’s immediate family, to make a victim impact statement pursuant to this article;(b)
The defendant’s right to view the presentence report and the victim impact statement;(c)
The date, time, and location of any sentencing or resentencing hearing;(d)
The right of the victim, or a member of the victim’s immediate family, to attend and to express an opinion at the sentencing hearing as to the appropriateness of any sentence proposed to the court for consideration;(e)
Any sentence imposed;(f)
Intentionally left blank —Ed.(I)
The date, time, and location of any hearing for modification of a sentence pursuant to rule 35 (a) or rule 35 (b) of the Colorado rules of criminal procedure or any provision of state or federal law; except that a district attorney is not required to inform each victim of a resentencing following a probation revocation hearing or a request for early termination of probation. For both probation revocation hearings and requests for early termination, it is the responsibility of the probation department to notify the victim if the victim has requested post-sentencing notification.(II)
If a hearing is not scheduled and the court has reviewed a written motion for modification of sentence and is considering granting any part of the motion without a hearing, the court shall inform the district attorney, and the district attorney shall notify and receive input from the victim to give to the court before the court rules on the motion.(III)
If the court has reviewed and denied the written motion without a hearing, the district attorney is not required to notify the victim regarding the filing of or ruling on the motion.(IV)
This paragraph (f) does not modify the probation department’s responsibility to notify a victim that has opted to receive notifications described in subsection (13.5) of this section.(f.5)
Any motion to modify the terms and conditions of an unsupervised deferred sentence for which the district attorney’s office is the monitoring agency. The procedures for notifying victims outlined in subparagraphs (I) and (II) of paragraph (f) of this subsection (12) apply to the district attorney and the court with regard to this motion.(g)
The right to receive information from correctional officials concerning the imprisonment and release of a person convicted of a crime against the victim pursuant to subsection (14) of this section;(g.5)
The right to receive information from the state mental health hospital concerning the custody and release of an offender who was ordered by a court into the hospital’s custody pursuant to subsection (14.2) of this section;(h)
The right to receive information from the probation department concerning information outlined in subsection (13.5) of this section regarding a person convicted of a crime against the victim;(i)
The decision, whether by court order, stipulation of the parties, or otherwise, to conduct postconviction DNA testing to establish the actual innocence of the person convicted of a crime against the victim. If court proceedings are initiated based on the results of the postconviction DNA testing, the victim shall be notified of the court proceedings by the district attorney’s office that filed and prosecuted the charges resulting in the entry of the judgment of conviction challenged by the defendant. If the attorney general’s office is the agency that decides to conduct postconviction DNA testing, the attorney general’s office is responsible for notifying the victim.(j)
The right to be informed of a 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.(13)
If a person convicted of a crime against the victim seeks appellate review or attacks the conviction or sentence, the district attorney or the office of the attorney general, whichever is appropriate, shall inform the victim of the status of the case and of the decision of the court.(13.5)
Intentionally left blank —Ed.(a)
Following a sentence to probation and upon the written request of a victim, the probation department shall notify the victim of the following information regarding any person who was charged with or convicted of a crime against the victim:(I)
The location and telephone number of the probation department responsible for the supervision of the person;(II)
The date of the person’s termination from probation supervision;(III)
Any request for release of the person in advance of the person’s imposed sentence or period of probation, including notification of the victim’s right to be present and heard at the hearing and notification of the results of such a hearing pursuant to section 24-4.1-302.5 (1)(d). If a hearing is not scheduled and the court has reviewed a written motion for early termination of probation and is considering granting the motion without a hearing, the court shall inform the probation department and the district attorney’s office, and the probation department shall notify and receive input from the victim to give to the court before the court rules on the motion. If the court has reviewed and denied such a request without a hearing, the probation department is not required to notify the victim regarding the filing of or ruling on the request.(IV)
Any probation revocation or modification hearing at which the person’s sentence may be reconsidered or modified and any changes in the scheduling of the hearings, including notification of the victim’s right to be present and heard at the hearing and notification of the results of such a hearing pursuant to section 24-4.1-302.5 (1)(d). If a hearing is not scheduled and the court has reviewed a written motion for modification of sentence and is considering granting any part of the motion without a hearing, the court shall inform the probation department and the district attorney’s office, and the probation department shall notify and receive input from the victim to give to the court before the court rules on the motion. If the court has reviewed and denied the written motion without a hearing, the probation department is not required to notify the victim regarding the filing of or ruling on the motion.(V)
Any motion filed by the probation department requesting permission from the court to modify the terms and conditions of probation as described in section 18-1.3-204 or 19-2.5-1108 if the motion has not been denied by the court without a hearing;(V.5)
Any change of venue, transfer of probation supervision from one jurisdiction to another, or interstate compact transfer of probation supervision;(VI)
Any complaint, summons, or warrant filed by the probation department;(VII)
The death of the person while under the jurisdiction of the probation department;(VIII)
Concerning domestic violence cases, any conduct by the probationer that results in an increase in the supervision level by the probation department; and(IX)
Any court-ordered modification of the terms and conditions of probation as described in section 18-1.3-204 or 19-2.5-1108.(b)
Repealed.(14)
Upon receipt of a written victim impact statement as provided in section 24-4.1-302.5 (1)(j.5), the department of corrections shall include the statement with any referral made by the department of corrections or a district court to place an offender in a public or private community corrections facility or program. The department of corrections or the public or private local corrections authorities shall notify the victim of the following information regarding any person who was charged with or convicted of a crime against the victim:(a)
The institution in which such person is incarcerated or otherwise being held;(b)
The projected date of such person’s release from confinement;(c)
Any release of such person on furlough or work release or to a community correctional facility or other program, or statutory discharge in advance of such release;(d)
Any scheduled parole hearings or full parole board reviews regarding the person and any changes in the scheduling of such hearings, including notification of the victim’s right to be present and heard at such hearings;(e)
Any escape or unauthorized absence as described in section 18-8-208.2 (1) by such person, or transfer or release from any state hospital, a detention facility, a correctional facility, a community correctional facility, or other program, and any subsequent recapture of such person;(f)
Repealed.(g)
The transfer to or placement in a nonsecured facility of a person convicted of a crime, any release or discharge from confinement of the person, and any conditions attached to the release;(h)
The death of the person while in custody or while under the jurisdiction of the state of Colorado concerning the crime;(i)
The transition of the person from a residential facility to a nonresidential setting;(j)
Any decision by the parole board and any decision by the governor to commute the sentence of the person or pardon the person; and(k)
The date, time, and location of a scheduled execution.(14.1)
The Colorado mental health institute at Pueblo, or the Colorado mental health institute at Fort Logan, as may be applicable, shall notify the victim of the following information regarding any person who was charged with or convicted of a crime against the victim:(a)
The institution in which the person resides;(b)
Any release of the person on furlough or other program, in advance of such release;(c)
Any other transfer or release from the state hospital;(d)
Any escape by the person and any subsequent recapture of the person; and(e)
The death of the person while in custody or while under the jurisdiction of the state.(14.2)
Upon receipt of a written statement as provided in section 24-4.1-302.5 (1)(j.5), the department of human services, division of youth services, shall include the statement with any referral made by the department of human services or a district court to place an offender in a public or private community corrections facility or program. The department of human services and any state hospital shall notify the victim of the following information regarding any person who was charged with or adjudicated of a crime against the victim:(a)
The institution in which such person is incarcerated or otherwise being held;(b)
The projected date of such person’s release from confinement;(c)
Any release of such person on furlough or work release or to a community correctional facility or other program, in advance of such release;(d)
Repealed.(e)
Any escape or unauthorized absence as described in section 18-8-208.2 (1) by the person, or transfer or release from any state hospital, a detention facility, a correctional facility, a community correctional facility, parole supervision, or other program, and any subsequent recapture of the person;(f)
Any decision by the governor to commute the sentence of the person or pardon the person;(g)
The transfer to or placement in a nonsecured facility of a person adjudicated of a crime, any release or discharge from the sentence of the person, and any conditions attached to the release;(h)
The death of the person while in custody or while under the jurisdiction of the state;(i)
Any request by the department of human services to the juvenile court to modify the sentence to commitment and any decision by the juvenile court to modify the sentence to commitment; and(j)
Any placement change that occurs during the person’s parole that may affect the victim’s safety, as determined by the division of youth services.(14.3)
The juvenile parole board shall notify the victim of the following information regarding any person who was charged with or adjudicated of an offense against the victim:(a)
Any scheduled juvenile parole hearings pursuant to sections 19-2.5-1203 and 19-2.5-1206 regarding the person, any change in the scheduling of such a hearing in advance of the hearing, the victim’s right to be present and heard at such hearings, the results of any such hearing, any parole decision to release the person, and the terms and conditions of any such release; and(b)
and (c)(Deleted by amendment, L. 2022.)(d) Any discharge from juvenile parole.(14.4)
The court or its designee, pursuant to section 18-3-415, C.R.S., shall disclose 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., to any victim of a sexual offense in the case in which the testing was ordered. Disclosure of diagnostic test results must comply with the requirements of section 25-4-410 (2), C.R.S.(14.5)
Intentionally left blank —Ed.(a)
At any proceeding specified in section 24-4.1-302.5 (1)(d), the court shall inquire whether the victim is present and wishes to address the court. The court shall advise the victim of his or her right to address the court regarding issues relevant to the case.(a.5)
A party issuing a subpoena pursuant to rule 17 of the Colorado rules of criminal procedure for the production of the privileged records of a victim pursuant to section 13-90-107 or a subpoena requesting the compensation records of a victim pursuant to section 24-4.1-107.5 shall file with the court and serve on any opposing party:(I)
A copy of the subpoena;(II)
A certificate stating that the party has a good-faith belief that there is a lawful basis for issuing the subpoena;(III)
A copy of the written notice served on recipients that advises that a party may not release records until the court orders the release of the records at a hearing and that a party may only provide the records to the court if the court orders the party to release the records; and(IV)
A motion stating the party’s lawful basis for the subpoena and, if subject to a claim of privilege pursuant to section 13-90-107, a good-faith claim that the victim has expressly or impliedly waived any privilege to allow the court to properly receive the records.(b)
Intentionally left blank —Ed.(I)
At a proceeding specified in section 24-4.1-302.5 (1)(d)(VII), after considering all relevant evidence, the court shall quash any subpoena and shall not receive any records protected by privilege pursuant to section 13-90-107 unless the court finds, based upon evidence, that a victim expressly or impliedly waived the statutory privilege. In considering whether to receive and release any records relating to the victim, the court shall determine whether:(A)
There is a reasonable likelihood that the subpoenaed records exist;(B)
The subpoenaed records are evidentiary and relevant;(C)
The subpoenaed records cannot be reasonably procured in advance of the trial despite due diligence;(D)
The party cannot properly prepare for trial without production and inspection of the subpoenaed records, and failure to inspect the subpoenaed records in advance may unreasonably delay the trial; and(E)
The application to review the subpoenaed records is made in good faith.(II)
If the court conducts a hearing on the application for the issuance of subpoenaed records, the court shall proceed only after input from the victim, unless the victim is unavailable and the court finds that the district attorney notified the victim or made all reasonable efforts to notify the victim.(III)
If after the hearing, the court orders the production of records, the court shall enter orders to set a timeline of no less than seven days for the party to arrange production of the records to the court; except that the court may order production in less than seven days to avoid the delay of a jury trial.(c)
The court shall inform the probation department and the district attorney’s office before any hearing regarding any request by the probationer for early termination of probation or any change in the terms and conditions of probation.(d)
The court shall provide the victim or the victim’s designee with translation or interpretation services as needed during all critical stages of the hearing. The victim or the victim’s designee shall notify the district attorney within a reasonable time that the victim or the victim’s designee needs an interpreter for the critical stages of the hearing. The district attorney’s office shall inform the court that the victim or victim’s designee requests that the court arrange for translation or interpretation services.(e)
The court shall require the defendant to be present by appearing in person, by phone, or virtually by audio or video, or similar technology, during the sentencing hearing to hear the victim’s impact statement, unless the court excludes the defendant.(14.7)
Intentionally left blank —Ed.(a)
The court or its designee shall ensure that victim information be provided to any entity responsible for victim notification after the defendant is sentenced.(b)
The court shall notify the victim of petitions or motions filed to cease sex offender registration pursuant to sections 16-22-103 (5) and 16-22-113 (2) and (2.5).(14.9)
Intentionally left blank —Ed.(a)
If, in a case of an alleged sex offense that has not resulted in a conviction or plea of guilty or when a law enforcement report or a medical report is filed pursuant to section 12-240-139 (1)(b)(I), the law enforcement agency, the Colorado bureau of investigation, or the accredited crime laboratory with custody of forensic medical evidence wants to destroy the evidence, it shall notify the victim at least sixty days prior to the destruction of the forensic medical evidence.(b)
When a victim objects to the destruction of forensic medical evidence after receiving notice pursuant to subsection (14.9)(a) of this section, the law enforcement agency, the Colorado bureau of investigation, or the accredited crime laboratory shall retain the forensic medical evidence for an additional ten years.(15)
Intentionally left blank —Ed.(a)
Unless specifically stated otherwise, the requirements of this section to provide information to the victim may be satisfied by either written, electronic, or oral communication with the victim or the victim’s designee. The person responsible for providing the information shall do so in a timely manner and advise the victim or the victim’s designee of any significant changes in the information. The victim or the victim’s designee shall keep appropriate criminal justice authorities informed of the name, address, electronic mail address, if available, and telephone number of the person to whom the information should be provided, and any changes of the name, address, electronic mail address, and telephone number.(a.5)
A victim who turns eighteen years of age has the right to request notification from a criminal justice agency and to become the primary point of contact. The designee for the victim shall also continue to receive notifications if the designee has requested notification; except that the notifying agency has the discretion to notify only the victim if the victim so requests or if the agency deems that extenuating and documentable circumstances justify discontinuing notification to the victim’s designee. The right of a victim’s designee to address the court remains in effect even if the victim requests notification from a criminal justice agency.(b)
An agency that is required to notify a victim under this part 3 shall make reasonable attempts to contact the victim or the victim’s designee by mail, electronic communication, if the victim or the victim’s designee has provided an electronic mail address, and by telephone. If the victim or the victim’s designee does not provide the agency with a forwarding address, electronic mail address, and telephone number and the agency is unable to locate the victim or the victim’s designee after reasonable attempts have been made to contact the victim or the victim’s designee, the agency shall be deemed to have met its obligation under this part 3 and shall not be required to notify the victim or victim’s designee until the victim or victim’s designee provides the agency with the current address, electronic mail address, if available, and telephone of the victim and the name of the victim’s current designee, if applicable.(c)
An agency that is required to notify a victim under this part 3 may use an automated victim notification system.(d)
Using recommendations from victim advocates, the person responsible for providing information pursuant to this section shall ensure the information required is in plain and easy-to-understand language. To the extent practicable, any written or electronic notice must ensure that information about the release, discharge, transfer, parole, escape, abscondence, or unauthorized absence of a person accused or convicted of a crime against the victim is presented prominently and in a manner intended to increase the likelihood of the victim’s attention to the notice.(16)
A defendant or person accused or convicted of a crime against the victim shall have no standing to object to any failure to comply with this article.(17)
Any affected person, except as provided in subsection (16) of this section, may enforce compliance with this article by notifying the crime victim services advisory board created in section 24-4.1-117.3 (1) of any noncompliance with this article. The crime victim services advisory board shall review any report of noncompliance, and, if the board determines that the report of noncompliance has a basis in fact and cannot be resolved, the board shall refer the report of noncompliance to the governor, who shall request that the attorney general file suit to enforce compliance with this article. A person, corporation, or other legal entity shall not be entitled to claim or to receive any damages or other financial redress for any failure to comply with this article.(18)
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 shall make all reasonable efforts to exclude or redact a victim’s social security number or a witness’ social security number from any 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, a criminal justice agency that has duties under this article, or the attorney for the defendant.
Source:
Section 24-4.1-303 — Procedures for ensuring rights of victims of crimes, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-24.pdf (accessed Oct. 20, 2023).
Up to date