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In 1992, Colorado voters passed a Constitutional Amendment guaranteeing protection to victims of certain compensable crimes,
no less vigorous than the protection afforded criminal defendants. This includes the right to be "heard when relevant, informed,
and present at all critical stages of the criminal justice process." The enabling legislation, called the Victims Rights Act,
became effective in 1993 and was amended in 1995, 1997 and 2006. Following is a summary of the rights guaranteed by the Victims
Rights Act.
- To be treated with fairness, respect and dignity;
- To be informed of and present for all "critical stages" of the criminal justice process;
- To be free from intimidation, harassment, or abuse; and to have the right to be informed about what steps can be taken if
there is any intimidation or harassment by a person accused or convicted of the crime or anyone acting on the person's behalf;
- To be present and heard regarding bond reduction, continuances, acceptance of plea negotiations, case disposition, or sentencing;
- 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 prepare a Victim Impact Statement and to be present and/or heard at sentencing;
- To have restitution ordered and to be informed of the right to pursue a civil judgment against the person convicted of the
crime;
- To receive a prompt return of the property when it is no longer needed as evidence;
- To be informed of the availability of financial assistance and community services;
- To be given 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;
- Upon request, to be informed when a person accused or convicted of the crime is released from custody, is paroled, escapes
or absconds from probation or parole;
- Upon written request, to be informed of and heard at any reconsideration of sentence, parole hearing, or commutation of sentence;
- 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 or program or is permanently or conditionally transferred or released from any state hospital;
- 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.
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