THE VICTIMS RIGHTS ACT
The Victim Rights Act became effective in January of 1993. In an attempt to balance the scales of justice, the Victim Rights Act provides victims of crime an active role in the community justice process. The following is a summary of the rights guaranteed by the Victim Rights Act. For a complete listing of your rights, please refer to Colorado Revised Statutes 24-4.1-301 through 24-4.1-304 at https://dcj.colorado.gov/dcj-offices/office-for-victims-programs.
- To be treated with fairness, respect, and dignity and to be free from intimidation, harassment, or abuse;
- To be informed of all "critical stages" of the criminal justice process (victims must request notification, in writing, for probation critical stages);
- To be present at specified critical stages in the criminal justice process;
- To be informed about what steps can be taken including information about protection services, if there is any intimidation or harassment by a person accused or convicted of a crime or anyone acting on that person's behalf;
- To be present and heard regarding bond reduction or modification, a subpoena for the victim’s records, acceptance of a plea agreement, sentencing or modification of a sentence, any request modification to the “no contact” provision or criminal protection order or the petition for expungement;
- To be heard by phone or similar technology when a victim cannot appear in court;
- To be informed of the existence of the criminal protection order and upon request of the victim, the procedure for modifying the protection order if a procedure exists;
- 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;
- To have the victim’s social security number redacted or excluded from criminal justice documents when records are released to someone other than the victim, a criminal justice agency, or the defendant’s attorney of record;
- To be informed of the process the district attorney can use to request protection of the victim’s address (the court may or may not grant the request);
- 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 or cancellations, if known in advance;
- To receive and prepare a victim impact statement and to be present and/or heard at the sentencing hearing;
- To have the court determine restitution and to be informed of the right to pursue a civil judgment against the person convicted of the crime;
- To prevent any party at any court proceeding from compelling testimony regarding a victim's address, telephone number, place of employment, or other locating information;
- To receive a prompt return of property when it is no longer needed as evidence;
- To be informed about the possibility of restorative justice practices;
- To be informed of the availability of financial assistance and community services;
- To be provided with 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;
- Whenever practicable, to have a safe, secure waiting area during court proceedings;
- To be informed of and have input about a motion to sequester the victim from a critical stage;
- To be informed of any request for progression from the state mental health hospital and the right to be heard at any hearing which a court considers such a request;
- To be notified of the referral of an offender to community corrections and to provide a written victim impact statement to the community corrections board and, if permitted by the board, to provide an oral victim impact statement. In addition, a victim has a right to provide a separate oral statement to the community corrections board if the board is considering a transitional referral from the department of corrections;
- To be heard by phone or similar technology by the community corrections board when the victim is otherwise unavailable;
- Upon written request, to be informed when a person accused or convicted of a crime is released from custody other than the county jail, is paroled, escapes or absconds from probation or parole;
- Upon written request, to be informed of the results of a probation revocation or parole revocation hearing;
- The right to be informed of the filing of a petition to cease sex offender registration;
- Upon request, to be informed when a person who is accused or convicted of a crime is released, discharged, or permanently transferred from the custody of the county jail;
- Upon written request, to be informed of and herd at any proceeding at which any post-conviction release from confinement in a secure state correctional facility is being considered;
- Upon written request, to be informed when a person convicted of a crime against the victim is placed in or transferred to a less secure correctional facility, program, or placed on non-residential status, or is permanently or conditionally transferred or released from any state hospital;
- The right, at the discretion of the district attorney, to view all or a portion of the presentence report of the probation department;
- To be notified of a hearing concerning a petition for sealing of records;
- To be informed of the governor’s decision to commute or pardon a person before such information is publicly disclosed;
- To be informed of the results of any court-ordered HIV testing;
- To be informed of any rights which the victim has pursuant to the Constitution of the United States or the State of Colorado; and
- To be informed of the process for enforcing compliance with the Victim Rights Act.
VICTIMS RIGHTS CRIMES
Updated March 2024
ASSAULT
- 1st degree assault (C.R.S. 18-3-202)
- 2nd degree assault (C.R.S. 18-3-203)
- 3rd degree assault (C.R.S. 18-3-204)
- Vehicular assault (C.R.S. 18-3-205)
CRIMES AGAINST CHILDREN
- Child abuse (C.R.S. 18-6-401)
- Sexual assault on a child (C.R.S. 18-3-405)
- Sexual assault on a child by one in a position of trust (C.R.S. 18-3-405.3)
- Sexual exploitation of children (C.R.S. 18-6-403)
- Child prostitution (C.R.S. 18-7-401)
- Soliciting for child prostitution (C.R.S. 8-7-402)
- Procurement of a child for sexual exploitation (C.R.S. 18-6-404)
- Pimping of a child (C.R.S. 18-7-405)
- Inducement of child prostitution (C.R.S. 18-7-405.5)
- Patronizing a prostituted child (C.R.S. 18-7-406)
DOMESTIC VIOLENCE (DV)
- Any crime identified by law enforcement prior to the filing of charges as domestic violence as defined in C.R.S. 18-6-800.3
- An act identified by a district attorney in a formal criminal charge as domestic violence as defined in C.R.S. 18-6-800.3
- Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence as defined in C.R.S. 18-6-800.3, pursuant to C.R.S. 18-6-801
COURT RELATED OFFENSES
- Violation of a protection order issued under 18-1-1001 against a person charged with committing:
- Sexual assault (C.R.S. 18-3-402)
- Sexual assault on a child (C.R.S. 18-3-405)
- Sexual assault on a child by one in a position of trust (C.R.S. 18-3-405.3)
- Sexual assault on a client by a psychotherapist (C.R.S. 18-3-405.5)
- Stalking (C.R.S. 18-3-602)
- Intimidating a witness or a victim (C.R.S. 18-8-704)
- Retaliation against a witness or victim (C.R.S. 18-8-706)
- Retaliation against a judge (C.R.S. 18-8-615)
- Retaliation against a prosecutor (C.R.S. 18-8-616)
- Retaliation against a juror (C.R.S. 18-8-706.5)
- Aggravated intimidation of a witness or a victim (C.R.S. 18-8-705)
- Tampering with a witness or victim (C.R.S. 18-8-707)
DEATH RELATED OFFENSES
- First degree murder (C.R.S. 18-3-102)
- Second degree murder (C.R.S. 18-3-103)
- Manslaughter (C.R.S. 18-3-104)
- Criminally negligent homicide (C.R.S. 18-3-105)
- Vehicular homicide (C.R.S. 18-3-106)
- Careless driving that results in the death of another person (C.R.S. 42-4-1402)
- Failure to stop at the scene of an accident where the accident results in the death or serious bodily injury of another person (C.R.S. 42-4-1601)
BURGLARY / ROBBERY
- 1st Degree Burglary (C.R.S. 18-4-202)
- 2nd degree burglary (C.R.S. 18-4-203 effective March 2022)
- Robbery (C.R.S. 18-4-301)
- Aggravated robbery (C.R.S. 18-4-302)
- Aggravated robbery of controlled substances (C.R.S. 18-4-303)
SEX OFFENSES
- Sexual assault (C.R.S. 18-3-402)
- Sexual assault as it existed prior to July 1, 2000:
- 1st degree sexual assault (C.R.S. 18-3-402)
- 2nd degree sexual assault (C.R.S. 18-3-403)
- 3rd degree sexual assault (C.R.S. 18-3-404)
- Unlawful sexual contact (C.R.S. 18-3-404)
- Sexual assault on a client by a psychotherapist (C.R.S. 18-3-405.5)
- Incest (C.R.S. 18-6-301)
- Aggravated incest (C.R.S. 18-6-302)
- Invasion of privacy (C.R.S. 18-7-801)
- Invasion of privacy for sexual gratification (C.R.S. 18-3-405.6)
- Indecent exposure (C.R.S. 18-7-302)
KIDNAPPING / TRAFFICKING
- 1st degree kidnapping (C.R.S. 18-3-301)
- 2nd degree kidnapping (C.R.S. 18-3-302)
- Human trafficking (C.R.S. 18-3-503 or 18-3-504)
OTHER OFFENSES
- Stalking (C.R.S. 18-3-602 or 18-9-111)
- Menacing (C.R.S. 18-3-206)
- Bias motivated crime (C.R.S. 18-9-121)
- Crimes against at-risk adults or at-risk juveniles (C.R.S. 18-6.5-103)
- Posting a private image for harassment (C.R.S. 18-7-107)
- Posting a private image for pecuniary gain (C.R.S. 18-7-108)
- Any criminal attempt (as described in C.R.S. 18-2-101), any conspiracy (as described in C.R.S. 18-2-201), any criminal solicitation (as described in C.R.S. 18-2-301), and any accessory to a crime (as described in C.R.S. 18-8-105), involving any of the crimes specified in C.R.S. 24-4.1-302(1)
- False reporting of an emergency in violation of C.R.S. 18-8-111 that is bias motivated crime as defined in C.R.S. 18-9-121(2)
- Harassment - ethnic intimidation (C.R.S. 18-9-111(2) effective June 28, 2021)
- 1st degree arson (C.R.S. 18-4-102)
VINE: Victim Information and Notification Everyday
VINE is the National Victim Notification Network created to keep victims informed about the custody status of their offenders.
VINELink is the online version of VINE.
There are two ways victims of crime can search for information or register to receive notifications about their offender’s custody status:
- Via the Internet: https://vinelink.com/classic/#/home/site/6000
- Via Phone: (888) 263-8463
The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. The U visa provides eligible crime victims with nonimmigrant status the ability to temporarily remain in the United States while assisting law enforcement.
You may be eligible for a U nonimmigrant visa if:
1. You are the victim of a qualifying criminal activity.
2. You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
3. You have information about the criminal activity.
4. You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime.
5. The crime occurred in the United States or violated U.S. laws.
6. You are admissible to the United States. If you are not admissible, you may apply for a waiver.
7. Click here for additional information from USCIS
To apply for a U visa, Form I-918, Supplement B, must be signed by an authorized official of a certifying law enforcement agency, and the official must confirm that you were helpful, and currently being helpful, or will likely be helpful in the investigation or prosecution of the case.
The applicant or their representative can submit the I-918 Supplement B form via mail or email to Raymond Daniel at the address below for review and a determination pursuant to C.R.S. § 24-4.1-401 et seq. The District Attorney will notify the applicant or their representative of the decision or request for further information in accordance with the timeframes set forth in C.R.S. § 24-4.1-402.
MAIL TO:
Raymond Daniel
Office of the District Attorney - Eighth Judicial District
Central Services / Intake / Digital Evidence Supervisor
201 Laporte Avenue, Suite 200
Fort Collins, CO 80521
OR SEND AN EMAIL: danielrj@co.larimer.co.us
Crime Victim Compensation
If you or a member of your family has been injured as a result of a crime, you may be eligible for compensation for financial loss.
The Victim Compensation Board may award financial assistance for:
- Medical and hospital expenses
- Outpatient care
- Counseling
- Loss of medically necessary devices, such as eyeglasses or hearing aids
- Burial expenses
- Loss of earnings
- Loss of support to dependents
- Repair of residential doors, windows or other security devices.
To see if you qualify for Victim Compensation visit their website and submit an application:
LAW ENFORCEMENT AGENCIES
LARIMER COUNTY SHERIFF’S OFFICE
FORT COLLINS POLICE SERVICES
CSU POLICE DEPARTMENT
COLORADO STATE PATROL
LOVELAND POLICE DEPARTMENT
ESTES PARK POLICE DEPARTMENT
JOHNSTOWN POLICE DEPARTMENT
TIMNATH POLICE DEPARTMENT
WINDSOR POLICE DEPARTMENT
COUNTY DEPARTMENTS
8TH JUDICIAL DISTRICT ATTORNEY’S VICTIM/WITNESS SERVICES
LARIMER COUNTY CORONER’S OFFICE
LARIMER COUNTY PROBATION OFFICES
STATE & FEDERAL RESOURCES
CBI (COLORADO BUREAU OF INVESTIGATION)
OVC (OFFICE FOR VICTIMS OF CRIME)
DOMESTIC VIOLENCE RESOURCES
CROSSROADS SAFEHOUSE (Fort Collins)
Website: https://www.crossroadssafehouse.org/
Hotline & Info: (970) 482-3502
ALTERNATIVES TO VIOLENCE (Loveland)
Website: http://www.alternativestoviolence.org/
Main Line: (970) 669-5150
A WOMAN’S PLACE (Greeley)
Website: https://www.awpdv.org/
Crisis Line: (970) 356-4226
ESTES VALLEY CRISIS ADVOCATES (Estes Park)
Website: https://www.crisisadvocates.org/
Crisis Line: (513) 970-3822
SEXUAL ASSAULT RESOURCES
SAVA - Sexual Assault Victim Assistance (Fort Collins)
Website: https://savacenter.org/
Crisis Line: (970) 472-4200
CSU WOMEN & GENDER ADVOCACY CENTER
Website: https://wgac.colostate.edu/
Crisis Line: (970) 492-4242
CHILDSAFE
Website: https://www.childsafecolorado.org/
Main Line: (970) 472-4133
MENTAL HEALTH RESOURCES
CONNECTIONS (Fort Collins)
Website: https://www.healthdistrict.org/services/connections-adult-services
Main Line: (970) 221-5551
SUMMITSTONE (Fort Collins)
Website: https://www.summitstonehealth.org/
Main Line: (970) 494-4200
COLORADO CRISIS SERVICES (Greeley)
Website: https://coloradocrisisservices.org/
Crisis Line: (844) 493-8255
CSU COUNSELING SERVICES (CSU Students Only)
Website: https://health.colostate.edu/#
Crisis Line: (970) 491-7111
MEDICAL RESOURCES
POUDRE VALLEY HOSPITAL
1024 S. Lemay Avenue, Fort Collins, CO 80524
CSU HEALTH SERVICES (CSU Students Only)
151 West Lake Street, Fort Collins, CO 80523
BANNER FORT COLLINS MEDICAL CENTER
4700 Lady Moon Drive, Fort Collins, CO 80528
MCKEE MEDICAL CENTER
2000 Boise Avenue, Loveland, CO 80538
MCR (MEDICAL CENTER OF THE ROCKIES)
2500 Rocky Mountain Avenue, Loveland, CO 80538
Protection Orders
MANDATORY PROTECTION ORDER
- The testimony of victims and witnesses is essential to an effective justice process. For that reason, it is critical that victims and witnesses are protected. In criminal cases, a mandatory protection order will be issued by the court at the defendant's first appearance (C.R.S. 18-1-1001).
- This mandatory protection order restrains a person from harassing, molesting, intimidating, retaliating against, or tampering with any witness or victim of a crime. The order remains in effect until the final disposition of the case, completion of sentence or acquittal.
NO CONTACT ORDER
- A No Contact Order is a condition that may be included on a standard protection order in cases involving domestic violence and certain cases involving crimes against persons, such as sexual assault, physical assault, child abuse (including physical and sexual abuse) and crimes against at-risk-adults. The defendant may be required to comply with provision such as:
- No direct or indirect contact with the victim
- To stay away from victim's home or any other location where the victim or witness is likely to be found
- Shall vacate the residence
- Will not possess firearms or other weapons
- Will not possess or consume alcohol or controlled substances
- Any other order the court thinks is appropriate to protect the safety of the victim
- If you have questions regarding the No Contact Order, or whether there is a No Contact Order in your case, you can contact the Victim/Witness Division at (970) 498-7200 or the victim/witness specialist assigned to the case.
CIVIL PROTECTION ORDER
- A Civil Protection Order, commonly referred to as a Restraining Order, may be requested from the court in a separate civil action.
Records Requests
To access the District Attorney’s Office Records Request form for LCSO cases:
- Active Case Request Form - For LCSO cases categorized as:
- Felony, misdemeanor, or DUI, and
- Case status is “charges filed”, and
- Case is still “active” in the court system
- Closed Case Request Form - For cases categorized as:
VICTIM RESPONSIBILITIES
VICTIMS OF CRIME HAVE THE FOLLOWING RESPONSIBILITIES:
- Keep appropriate community justice authorities informed of their current name, address, and telephone number, and any changes in this information
- Provide a written request to the appropriate agency if they want to be notified of information regarding the post sentencing process
- Request forms for enrollment information can be obtained from the District Attorney's Office, the Probation Department, the Department of Corrections, the Division of Youth Corrections or the local jail
- For victims of cold cases for which the crime has a statute of limitations of longer than three (3) years, to request in writing an annual update in the status of the case;
- To request notification of the release of a person accused or convicted of a crime from the county jail
- To request notification by the court of a defendant's petition to stop sex offender registration
- To request that correctional officials keep their address, telephone, place of employment and other personal information confidential
- If you feel that your rights have been violated, you should attempt to seek compliance on the local level
WHAT TO EXPECT FOLLOWING A CRIME
The initial shock following a crime, sudden death, or other trauma is a harsh and painful reality for everyone involved. As individuals we often react in many different ways when faced with crisis. Some common reactions may include:
- Shock, disbelief, numbness
- Anxiety, panicky feelings
- Feeling “lost” or difficulty concentrating
- Irritability, tearfulness, or anger
- Blaming, self-doubt, guilt
- Sleeping disturbances, loss of appetite
- Flashbacks, unwanted memories
- Depression or sadness
- Withdrawal or isolation
- Relationship problems
- Unexplained physical pain
After some time has passed, it is possible to experience a full life after a crime or tragedy.
As most people work through their feelings about the event, they begin to accept that they did the best they could under the circumstances, and have renewed energy to focus on their lives again.
Interested in Becoming a VRT Volunteer?
As a VRT Volunteer you will be provided in-depth and ongoing training in dynamics of victimization in victim assistance and will gain direct experience in providing support to people in need. You will also gain knowledge about law enforcement and the community justice system. Your participation will enhance the community responsiveness to rights of victims and survivors of crime.
Learn more and apply online: Apply Here
