Enabling Legislation

Key Concept: Upholding crime victims’ rights is critical to your job at the District Attorney’s Office.

§24-4.1-303 (17) CRS provides that affected persons may enforce compliance of the Constitutional Amendment through the Governor’s Victims’ Compensation and Assistance Coordinating Committee. The Committee will investigate any complaint and will attempt to resolve any noncompliance issues.

The Victim Rights Amendment requires that the responsibilities of the District Attorney’s Office is to notify victims of their rights, CRS § 24-4.1-302.5, which includes to treat the victim with fairness, respect, and dignity. 

The procedures, CRS § 24-4.1-303, the District Attorney’s Office are to follow to assure that victims receive their rights are:

• Inform the victim of the filing of charges and explain charges if necessary.
• Inform victim of file number assigned to the case, the name, address and phone number of the deputy district attorney, and the courtroom to which the case is assigned.
• Inform the victim of the date, time and location of the following critical stages:
  
• Arraignment
• Preliminary hearing
• Hearings on motions
• Disposition
• Trial
• Sentencing
• Sentence reconsideration
• Probation revocation hearing
• Attack on judgment or conviction
  
• Notify victim of any pending motions that may delay prosecution.
• Inform the court of victim’s position on delay. Have objections by victim added to court record.
• Inform and obtain victim’s input regarding reduction of charges, negotiated pleas, diversion, dismissal, seeking of the death penalty, or any other possible disposition.
• Notify court of the victim’s views on bail, continuances, plea bargains, sentencing and restitution §16-18.5.101, et al, CRS).
• Inform the victim of the purpose of a pre-sentence report, the name and phone number of the probation officer preparing the report, and the right to make a Victim Impact Statement §24-4.1-302.5 CRS).
• Notify court of the victim’s views on bail, continuances, plea bargains, sentencing and restitution §16-18.5.101, et al, CRS).
• Inform the victim of the purpose of a pre-sentence report, the name and phone number of the probation officer preparing the report, and the right to make a Victim Impact Statement §24-4.1-302.5 CRS).
• Inform the victim of the right to be heard at sentencing.
• Inform the victim of case status and outcome of appellate reviews.
• Minimize contact between victim/victim’s family and defendant/defendant’s family. Wherever possible, provide a waiting area that is separate from the defendant, the defendant’s relatives and defense witnesses.
• Notify the victim of the return of a jury verdict and notify the court of the victim’s whereabouts and expected arrival if the victim is not present when the verdict is to be returned. CRS §24-4.1-303(6)(c).
• Upon request from the victim, return property/evidence within 5 days when no longer required for prosecution.
• Inform victim of the availability of resources, such as: follow up support for victim and victim’s family, transportation to court, community resources, childcare, elderly care and disabled assistance, intercession with creditors, credit reporting and agencies and employers, and translation services.
• Provide information on what to do in case of intimidation or harassment by the defendant or defendant’s representatives.
• Inform victim of right to receive information from corrections concerning imprisonment and release of defendant.