CRIME VICTIMS HAVE RIGHTS!
Victims of crime often need financial assistance as a result of the crime. A victim may apply for compensation for costs related to medical expenses, lost employment, mental health treatment, burial expenses, the loss of medically necessary devices such as eye glasses or hearing aids, the loss of support to dependents, and damage to home security devices such as doors, windows, and locks. Each Judicial District has a Victim Compensation fund. Persons convicted of a crime or a traffic offense pay into this fund. Contact your local Victim Compensation Administrator at 970-564-2755 for information on how to apply for Victim Compensation.
Each Judicial District has a Victim Compensation fund. Persons convicted of a crime or a traffic offense pay into this fund.
In order to serve victims in a timely manner, it is imperative that every law enforcement report detail the losses suffered by the victim. For example, in order for the Victim Compensation Board to assist a victim by repairing a door or a window damaged by a suspect, the law enforcement report must contain information that the door or window was damaged by the perpetrator in the criminal episode.
GOALS OF THE VICTIM COMPENSATION PROGRAM
- Keep the victim safe (highest degree of importance)
- Keep victim personal information confidential (high degree of importance)
- Lessen the financial burden to the victim caused by the crime
- Hold the offender accountable for the harm he/she has caused
- Seek reimbursement of monies expended (in the form of restitution and subrogation) for future needs
COMPENSATION ELIGIBILITY REQUIREMENTS (C.R.S. §24-4.1-108)
- The crime must be one in which the victim sustains mental or bodily injury, dies, or suffers property damage to locks, windows or doors to residential property as a result of a compensable crime.
- The victim must cooperate with law enforcement officials (district attorney, police, etc.).
- The police were notified within 72 hours after the crime occurred.
- The injury or death of the victim was not the result of the victim’s own wrongdoing or substantial provocation.
- The victimization occurred on or after July 1, 1982.
- The application for compensation must be submitted within one year from the date of the crime; six months for
property damage claims.
COMPENSABLE LOSSES
Losses directly related to the compensable crime are eligible for reimbursement and include:
- Medical expenses
- Mental health expenses
- Lost wages
- Loss of support to dependents
- Funeral expenses
- Residential property damage, including modification to a residence if necessary to ensure a victim’s safety.
HOW TO FILE A CLAIM
- Victims are required to apply for victim compensation in the district where the crime occurred by completing an application and submitting itemized bills directly related to the crime in the district where the crime occurred.
- Most judicial districts have a system in place to assist non-English speaking victims of crime. Please contact the Victim Compensation Administrator in the judicial district where the crime occurred for further assistance.
- For questions regarding Victim Compensation for Montezuma and Dolores Counties, phone 970-564-2755.
CRIMES THAT FALL UNDER COLORADO’S VICTIM RIGHTS ACT
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- Murder in the first degree, in violation of section 18-3-102, C.R.S.;
- Murder in the second degree, in violation of section18-3-103, C.R.S.;
- Manslaughter, in violation of section 18-3-104, C.R.S.;
- Criminally negligent homicide, in violation of section 18-3-105, C.R.S.;
- Vehicular homicide, in violation of section 18-3-106, C.R.S.;
- Assault in the first degree, in violation of section18-3-202, C.R.S.;
- Assault in the second degree, in violation of section 18-3-203, C.R.S.;
- Assault in the third degree, in violation of section18-3-204, C.R.S.;
- Vehicular assault, in violation of section 18-3-205, C.R.S.;
- Menacing, in violation of section 18-3-206, C.R.S.;
- Second degree kidnapping, in violation of section18-3-302, C.R.S.;
- Sexual assault, in violation of section 18-3-402, C.R.S.; or
- Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000;
- Sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000;
- Unlawful sexual contact, in violation of section18-3-404, C.R.S.; or
- Sexual assault in the third degree, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000;
- Sexual assault on a child, in violation of section18-3-405, C.R.S.;
- Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.;
- Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;
- Invasion of privacy for sexual gratification, in violation of section 18-3-405.6, C.R.S.;
- Robbery, in violation of section 18-4-301, C.R.S.;
- Aggravated robbery, in violation of section 18-4-302, C.R.S.;
- Aggravated robbery of controlled substances, in violation of section 18-4-303, C.R.S.;
- Incest, in violation of section 18-6-301, C.R.S.;
- Aggravated incest, in violation of section 18-6-302, C.R.S.;
- Child abuse, in violation of section 18-6-401, C.R.S.;
- Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;
- Crimes against at-risk adults or at-risk juveniles, in violation of section 18-6.5-103, C.R.S.;
- Any crime identified by law enforcement prior to the filing of charges as domestic violence, as defined in section 18-6-800.3 (1), C.R.S.;
- An act identified by a district attorney in a formal criminal charge as domestic violence, as defined in section 18-6-800.3 (1), C.R.S.;
- 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 section 18-6-800.3 (1), C.R.S., pursuant to section18-6-801 (1), C.R.S.;
- Stalking, in violation of section 18-3-602, C.R.S.;
- A bias-motivated crime, in violation of section 18-9-121, C.R.S.;
- Careless driving, in violation of section 42-4-1402, C.R.S., that results in the death of another person;
- Failure to stop at the scene of an accident, in violation of section 42-4-1601, C.R.S., where the accident results in the death of another person;
- Any criminal attempt, as described in section 18-2-101, C.R.S., any conspiracy, as described in section 18-2-201, C.R.S., any criminal solicitation, as described in section 18-2-301, C.R.S., and any accessory to a crime, as described in section 18-8-105, C.R.S., involving any of the crimes specified in this subsection (1);
- Retaliation against a witness or victim, in violation of section 18-8-706, C.R.S.;
- Intimidating a witness or a victim, in violation of section 18-8-704, C.R.S.;
- Aggravated intimidation of a witness or a victim, in violation of section 18-8-705, C.R.S.;
- Tampering with a witness or victim, in violation of section 18-8-707, C.R.S.;
- Indecent exposure, in violation of section 18-7-302, C.R.S.; or
- Violation of a protection order issued under section18-1-1001, C.R.S., against a person charged with committing sexual assault, in violation of section18-3-402, C.R.S.; sexual assault on a child, in violation of section 18-3-405, C.R.S.; sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.; or sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.
- Trafficking in Adults, in violation of section 18-3-501, C.R.S.;
- Trafficking in Children, in violation of section 18-3-502, C.R.S.;
- First degree burglary, in violation of section 18-4-202, C.R.S.;
- Retaliation against a judge in violation of section18-8-615, C.R.S;
- Retaliation against a juror in violation of section 18-8-706.5, C.R.S.; or
- Invasion of privacy for sexual gratification, in violation of section 18-3-405.6, C.R.S.
