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Home My WebLink About20150617.tiff RESOLUTION RE: APPROVE VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) GRANT APPLICATION FOR LAW ENFORCEMENT VICTIM'S SERVICES UNIT AND AUTHORIZE CHAIR TO SIGN WHEREAS,the Board of County Commissioners of Weld County,Colorado,pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County,Colorado,and WHEREAS, the Board has been presented with a Victim Assistance and Law Enforcement(VALE)Grant Application for the Law Enforcement Victim's Services Unit from the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Weld County Sheriff's Office,to the VALE Board,commencing upon full execution of signature,with further terms and conditions being as stated in said application,and WHEREAS, after review, the Board deems it advisable to approve said application, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Victim's Assistance and Law Enforcement (VALE) Grant Application for the Law Enforcement Victim's Services Unit, from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Weld County Sheriff's Office to the VALE Board,be,and hereby is,approved. BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is, authorized to sign said application. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 4th day of March,A.D.,2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: d.orifet) .dao;ok. ,2�— arbara ra Kirirkmeyer, hair Weld Co • y Clerk to the Boar. �� n Mike Freeman,Pro-Tem BY: Deputy Cler�iltothe rd ts6 zr"° Sean P.Co way APPROVES AS TO FO • ee• Julie ICC ad . County Attorney ! Steve Moreno Date of signature: 7/L5.- Cc Auk;501b6)-'4N 2015-0617 SO0036 ,kg.es WELD COUNTY } <o .,,...,,,t—c, la. co /!/! SSEVE REAMS February 27, 2015 To: Barbara Connolly From: Debbie Calvin, Director of Victim Services Weld County Sheriffs Office Here is the VALE grant Application. You will see, we are applying for 57% of the staff liability which is in line with what the VALE board has been awarding to our unit for many years. There is in increase to the request to reflect the changes that occurred in 2014 including job duties and compensation within the unit and the adjustment made from 2 paid full time victim specialists to two part time specialists and one full-time director. We are asking for significantly less on the equipment portion this year. As I indicated in my email, I am hoping to get this sent through as a pass through and voted on and signed as it is due to the VALE board Friday, March 6th. There was a time delay as the goal was to submit for funds for a project and we were unable to get the estimates I need in order to apply for the grant. Thank you for your time and consideration and let me know if you have any questions at all. Debbie Calvin, Victim Services Weld Sheriff's Office 970-397-5935 (cell) Southwest Substation Headquarters 2015-0617 4209 WCR 24 1/2 1950 O Street Longmont,Colorado 80504 Greeley,Colorado 80631 -. W3(.0(720)652-2415 (970)356-4015 J�-� Fax(720)652-4217 Fax(970)304-6467 Toll Free(800)436-9276 www.weldsheriff.com . Page I 1 s- s 2015-2016 VALE ASSISTANCE FUNDS 19th Judicial District, Weld County Application REFER TO APPLICATION INSTRUCTIONS TO COMPLETE THIS APPLICATION CORRECTLY. SECTION A - AGENCY INFORMATION: VALE USE ONLY 1. APPLICANT AGENCY: Weld County Sheriffs Office Grant#: Amount Requested: Program Name: Weld County Law Enforcement Victim Services Unit Amount Funded: Street Address (if not confidential): 1950 "o" st Greeley, Co 80631 Mailing Address(if different): Phone: 970-356-4015 ext 2884 Fax: 970-304-6468 E-Mail: dcalvin@co.weld.co.us 2. CONTACT PERSON: Debbie Calvin Title: Director of Victims Services Phone: 970-356-4015 x 2884 Fax: 970-304-6468 E-Mail: dcalvin@co.weld.co.us 3. Agency Status x governmental private-non-profit private-for-profit Non-Profit agencies include their TAX ID Number here. NOTE:If you are claiming non-profit status and if you have not previously provided documentation supporting this claim to the VALE Board, then you must provide sufficient documentation concerning your agency's non-profit status with this application. 4. PROJECT TITLE: Victim Services Funding 5. 6. Give a problem statement that is specific to the community the project will serve. Residents of Weld County who fall victim to crime or involved in a critical incident need assistance and resource information. The Weld County Victim Services Unit provides immediate crises counseling and follow up services to all victims of crime and critical incidents for the Sheriff's Office and the 8 police departments they serve. Additionally, in accordance with C.R.S. 24-4.1-301, victims of crimes that are classified as VRA have rights afforded to them. The Victim Services Unit reviews open cases for VRA compliance in an effort to ensure these rights and develops and implements protocol in accordance with statute and best practices throughout the state to support these efforts. 7. FUNDS REQUESTED TOTAL: $ x Victim Services $72,921 xfl Equipment$894.78 1 ITEMS 1 - 6 MUST REMAIN ON THIS PAGE SECTION B - NARRATIVE SUMMARY 8. Agency description: The Weld County Victim Services Unit is law enforcement based and operates as a unit of the Weld County Sheriff's Office. The Victim Services Unit serves all of unincorporated Weld County and the incorporated communities of Mead, Severance, Keenesburg, Hudson and Garden City. The Victim Services Unit also provides services for nine police departments: Dacono, Erie, Firestone, Fort Lupton, Frederick, Lochbuie, Nunn, and Platteville. The Victim Services Unit's primary responsibility is to provide 24-hour crisis intervention, resource information and referrals to supporting agencies for Victims'Rights Act related incidents. The victim _ services unit supports Law Enforcement compliance with the requirements outlined in the Colorado Revised Statutes 24-4.2 for cases listed in CRS title 24 Article 4.. In addition, the Victim Services Unit provides support to citizens during emotionally traumatic events when requested. 9. Project Description for which the funds are being requested. The primary objective of the Weld County Victim Services Unit is to continue serving the citizens of Weld County by providing immediate crisis intervention and follow up service to all victims of crime and those who are experiencing a critical incident. The Victim Services Unit is dedicated to providing people with the resources and assistance they need to successfully move forward. The Victim Services Unit continues to provide training to all agencies regarding the importance of serving victims and maintaining compliance with title 24 of the Colorado Revised Statutes. 2 a . — SECTION C: EQUIPMENT REQUEST: Complete this section only if you are requesting Equipment in your grant application request. Refer to Application Instructions. 10. Briefly describe the type of equipment being requested and how it will be utilized. SEE SECTION I. ATTACHMENTS The Weld County Sheriffs office is requesting funds to create a "warm" waiting and meeting room for victims/witnesses. Currently, Weld County Sheriffs Office only has the ability to meet with victims in a "cold" interview rooms which may traumatize a victim or witness and create a secondary wound. The room that has been identified as a safe and appropriate location needs furniture. Specifically, 1 couch ($389) a coffee table ($59) 2 wall decor ( $154.78) and 2 small chairs($192). Included in the proposal is $100 for delivery. Total cost: $894.78 GOAL: Objective Intended Data Collection Timeframe (list title of person Outcome/Impact responsible) 1 Debbie Calvin to order Victims/witnesses will Prior to and have delivered have a safe October 2015 furniture for warm comfortable place to waiting room for victims wait for deputies or meet with the victim services specialist 2 3 11. How does this grant request relate to victim services and/or law enforcement needs outlined in the VALE statute? See C.R.S. 24-4.2-105(3), (4) (a—m), (4.3) (a),(4.3)(b) Crime victims have the right to be heard and to be kept apprised of the major status changes in the investigation.(see C.R.S. 24-4.1-302.5) Additionally, victims have the right to be treated with dignity and respect. Creating a safe, comfortable environment to meet with people in trauma, or who have fallen victim to a crime must be a priority. Currently, the Victim Services unit in the north office is an open cubical and does not provide the appropriate environment to meet with people in trauma. 3 The "warm" private waiting and interview room will be used as a safe and comfortable place to meet with victims and families and as a waiting room any crime victim to use prior to meeting with a deputy or detective. Currently, these victims are often asked to wait in a public waiting room. Additionally, in the event that the deputies are interviewing both suspects and witnesses, they have to complete these interviews in the same rooms which can traumatize the victim and create safety issues. The proposal will rectify this by providing a room in a separate level creating a safer place for the victims and witnesses. 4 SECTION D - GOALS AND OBJECTIVES: (Goal 1, objectives 1 and 2, are mandatory for all applicants.) 11. GOAL 1 (standard): This project will provide direct services that assist crime victims with emotional and physical needs to stabilize their lives, provide a measure of safety and security, and/or enhance victims' experience with the criminal justice system. OBJECTIVE 1 (standard): To provide services to the following estimated unduplicated number of crime victims during the 12-month grant period. Although a person may be a victim of multiple crimes in one criminal episode,they can be counted only once using the predominant crime. Definitions: Victims: primary and secondary victims Primary victim: The person against whom the crime was committed, except in the case of homicide, and DUI/DWI deaths where the primary victims are the survivors of the victim. In domestic violence crimes, children of the primary victims(who are receiving services)are also considered to be primary victims. Secondary Victims: Persons other than primary victims receiving services because of their own reaction or needs resulting from a crime. Unduplicated Count: New and continuing victims served by the project. Continuing victim is a person served in the prior grant year who is continuing to receive services in the new grant year. EST. NO. EST. NO. VICTIMS TYPE OF CRIME VICTIMS TYPE OF CRIME 40 Child Physical Abuse 0 Adults Molested as Children 100 Child Sexual Abuse 25 Survivors of Homicide 10 DUI/DWI -Victims of vehicular assault or 10 Robbery vehicular homicide, DUI/DWI crashes or careless driving resulting in death. 400 Domestic Violence 80 Assault Other violent crimes such as hate and 20 Adult Sexual Assault 30 bias crime, gang violence (specify). 10 Elder Abuse (including economic 350 Other, please specify exploitation and fraud crimes) • TOTAL UNDUPLICATED VICTIMS ESTIMATED TO BE SERVED DURING THE 12-MONTH PERIOD 1075 5 OBJECTIVE 2 (standard): To provide the following types of services to the following estimated number of unduplicated victims during the 12-month grant period. Number of Victims Receiving Each Type of Service: Estimate the number of victims who will receive each type of service during the grant period. A victim may receive the same type of service more than once(i.e. counseling), but the type of service can be counted only once during the grant period. An individual service category cannot exceed the total number of victims listed in table A. EST. NO. EST. NO. VICTIMS SERVICES VICTIMS SERVICES 450 Crisis/Counseling Intervention (in person) 600 Victim Compensation Assistance (required) 1600 Follow-up (includes crisis intervention by 120 Personal Advocacy phone) 0 Therapy 800 Telephone contact 0 Group Treatment/Support 10 Civil Legal Advocacy/Court Accompaniment Shelter/safehouse 0 0 Forensic Exam 560 Information/ Referral (in person) 40 Hospital/Clinic Response 208 Criminal Justice Support/ 120 Language Services (interpretation) Advocacy/Court Accompaniment Lu 20 Transportation Emergency Financial Assistance 0 Emergency Civil Legal Attorney 0 Transitional Housing Assistance 1075 Victim Rights Act Services 6 PROJECT-SPECIFIC GOALS AND OBJECTIVES: Add at least one more goal with objectives but no more than three additional goals with no more than three objectives per goal. Refer to Application Instructions, use format provided below. GOAL 2: In accordance with C.R.S. 24-4.1-302.5, the victim advocates and volunteer victim advocates will provide, or confirm receipt of, Victims'Rights Act information, resources, referrals, Victims' Compensation information, advocacy, education and crisis support service to all victims of crime. This service will be provided for crimes reported to the Weld County Sheriff's Office, and the Dacono, Erie, Firestone, Fort Lupton, Frederick, Lochbuie, Nunn and Platteville Police Departments. Objective Intended Data Collection Timeframe (list title of person Outcome/Impact responsible) 1 the Victim Services Victims will have a Excel spreadsheet tracking July 01, Specialists will provide support system and on scene response 2015-June 30 on scene crisis support _ resources needed to 2016 and referral information begin the process of to 400 victims of crime healing from the critical event. 2 The victim services Unit Victims of crime will Google Calender used to July 01, staff will remain have access to a victim identify on call advocates 2015-June 30 available 24 hours per advocate when needed. Excel spreadsheet tracks 2016 day 7 days a week for Spanish speaking translation services contact by victims will have more officers/deputies on all access to an advocate Victim Rights Act crimes. who is able to support The bi-lingual advocate effective will remain available communication with while on call for all officers who do not translation needs for speak spanish victims of VRA crimes and will respond additionally as possible and needed. 3 The Victim services staff The unit will be able to Excel spreadsheet tracking July 01, specialists will review identify all victims of phone response/follow up 2015-June 30 reports provided from crime, even in the event 2016 each agency on a daily that contact was not basis and attempt to made to the unit at the make a minimum of time of the incident and 1600 phone contact and provide services to all additional follow up crime victims phone calls to victims of crime. GOAL 3: The Victim Services Unit will conduct training and have regular communication with the Law Enforcement agencies that utilize the unit. Such education shall be focused on the law enforcement 7 responsibilities as defined in title 24 of the Colorado Revised Statutes and established protocol that supports such compliance. Objective Intended Data Collection Timeframe (list title of person Outcome/Impact responsible) 1 On a quarterly basis, the identify quality Protocol changes resulting July 01, director of victims assurance and in conversations and notes 2015-June 30 services will make challenges and training on calendar 2016 contact with each needs for the unit and agency served agency respectively 2 Bi-Monthly, one staff Maintain dialogue with Calender and email July 01, advocate or volunteer to patrol officers and confirmation 2015-June 30 ride along with an increase awareness of 2016 agency served- - training issues and - expectations creating an opportunity for more effective response to crime victims 3 The director of victim Law enforcement will Maintain marketing efforts July 01, services will offer annual be aware of current for classes and track 2015-June 30 VRA update training for legislative changes in attendance numbers for 2016 all law enforcement VRA and changes in classes agencies served protocol to support VRA compliance GOAL 4: Ensure there is a minimum of one staff advocate available at all times while utilizing well-trained volunteers. All direct service providers shall be well versed in the requirements of VRA (see C.R.S. 24- 4.1-302.5) Objective Intended Data Collection Timeframe (list title of person Outcome/Impact responsible) 1 The director of victim Victims of crime and Weld VSU google Calender July 01, services will maintain the officers will always and tracking of missed calls 2015-June 30 calendar and ensure that have a trained staff from dispatch that are not 2016 there is at minimum one member available for returned within a staff scheduled for on on scene response or reasonable time frame call service. The questions for VRA and director will take note of or crises intervention any missed and unreturned calls from dispatch. 2 VSU staff will develop Grow the volunteer Maintain a roster and July 01, and implement a Victim team maintain marketing 2015-June 30 Advocate volunteer materials 2016 8 recruitment campaign 3 A volunteer team who Director to maintain records July 01, The director of VSU will has open access to the to be kept in a confidential 2015-June 30 communicate regularly director of victim file on behalf of volunteer 2016 one on one with each services allowing for advocates. staff and each volunteer support, and guidance to identify tools needed resulting in volunteer for success, questions retention. and challenges. Director shall make at least one contact with the on duty responder during every shift when the director is also on duty. 12. QUALITY ASSURANCE PLAN: Describe the approach for evaluating the project in response to the stated objectives, intended outcomes/impact and data collection. The Weld County Victim Services Unit tracks data through the use of an excel spreadsheet. Additionally, contact is made daily to each direct service provider by a supervisor to discuss cases and actions taken by advocates on those cases. Regular meetings with command staff identifies challenges and suggestions for protocol changes for the unit and the director of victim services will regularly email requests to command at agencies for feedback on quality and responsiveness of services. Records are maintained respective of and within the agencies to document law enforcement responsibilities for the VRA as supported and identified by the Weld Law Enforcement VSU. An online google calendar is maintained identifying the contact information for the advocate responsible for direct service at all times. Each staff was given a written skill assessment at hire and then provided the same written skill assessment to be completed "open-book" style to identify level of understanding of the VRA,job duties and expectations as well as protocol. These tests were discussed privately with each staff and entered into their employee file. Each staff will be evaluated quarterly by their direct supervisor and offered the opportunity to identify personal goals. The director of victim services regularly contacts victims as a courtesy follow up to ensure questions are answered and resources given. Additionally, staff is working on development of an email data base so that a survey monkey can be sent to victims and officers quarterly. 13a. Services as defined in the V.A.L.E. statute, 24-4.2-105 (4) (a — m) C.R.S. Indicate YES for services which are indicated in the Goals and Objectives of this application, and NO for services NOT indicated in the Goals and Objectives of this application. YES NO Services: C.R.S. 24-4.2-105 (4) (a— m) x (a) Provision of services for early crisis intervention; x (b) Provision of telephone lines for victims and witnesses assistance; x (c) Referral of victims to appropriate social service and victim compensation programs and assistance in filling out forms for compensation; x (c.5) Assistance programs for victims and their families; x (d) Education of victims and witnesses about the operation of the criminal justice system; x (e) Assistance in prompt return of the victims'property; 9 — s x (f) Notification to the victim of the progress of the investigation, the defendant's arrest, subsequent bail determinations, and the status of the case; x (g) Intercession with the employers or creditors of victims or witnesses; x (h) Assistance to the elderly and to persons with disabilities in arranging transportation to and from court; x (i) Provision of translator services; X (j) Coordination of efforts to assure that victims have a secure place to wait before testifying; x k) Provision of counseling or assistance during court appearances when appropriate; x (I) Protection from threats of harm and other forms of intimidation; x (m) Special advocate services (7)(b) "Special advocate services"means the services offered to aid victims - _ — vv-ho are children, including,but not limited to,court-appointed special advocate (CASA)programs, sexual assault treatment and prevention programs, community-based youth and family servicing programs,gang alternative programs, school-based intervention and prevention programs, big brother and big sister programs offering aid to children who are victims, restitution programs, partners programs offering aid to children who are victims, and child abuse treatment programs. Only grants submitted by the Court Administrator's Office would check (2.5) (a) (I) below. (2.5) (a) (I) The court administrator of each,judicial district may apply for grants of moneys for the purpose of collecting all moneys assessed by the courts, including moneys owed pursuant to this article, and collecting and disbursing restitution owed to victims of crime; Only grants submitted by the local Probation Department would check(2.5) (a) (II) below. (2.5) (a) (I) The local probation department may apply for grants of moneys for the purpose of implementing the right of victims. 10 13b. For each YES listed in 13a), reference the Goal and Objective that relates to the service provided with a brief explanation. DO NOT RESTATE THE GOAL OR OBJECTIVE. a. Goal 2 objective 1 , 2 and 3 refers to crises intervention at the time of the incident or open VRA report. Goal 4 objective 1, 2, 3 ensures availability of well trained direct service providers. Goal 3 objective 1, 2, 3 efforts to maintain close contact with all agencies we serve including identification of VRA cases and maintenance of well trained staff and officers. c. Goal 2 objective 1, 2, and 3 at the time of crises intervention, staff identify needs for resources including the community resources available and assist with application for Victim Compensation when appropriate d. Goal 2 objective 1, 2, and 3 at the time of crises intervention, staff identify needs for resources including explanation of the first appearance and in the event that the first appearance is on a Saturday or Sunday, Weld County VSU provides the court support for crime victims and contacts all victims of VRA crimes identified as within one of the agencies we serve, we make attempts to contact those victims to communicate results of bond hearing. 4. Goal 2 objective 2 supporting the availability of-at east one bi-lingual staff advocate within the unit at all times and support the needed hours to provide effective communication from officer to victims/witnesses 14. Will this project utilize volunteers and or interns? x Yes n No If yes,please answer the following: 6 Number of volunteers/interns which were utilized for last six months,July 1, 2014 through December 31, 2014. 6 Number of volunteer/intern hours for the last six months, July 1, 2014 through December 31, 2014. In 2014, the total number of volunteers/interns was who provided hours to the agency. 11 SECTION E - SERVICE INFORMATION: 15. What is the population and geographic area targeted for service through this project? The 2013 U.S. Census lists the population of Weld County as 269785 people. Of that population, an estimated 28% or 75,539 people live in the rural portion of the county. There are approximately 49,000 people living in the incorporated and unincorporated towns serviced by the Victim Services Unit. The estimated total population serviced by the Victim Services Unit is 124,540 people. Bordered on the north by Wyoming and Nebraska and the south by the Denver Metropolitan area, the geographic area served consists of the entire 3,999 square miles of Weld County; an area larger than Rhode Island, Delaware and the District of Columbia combined. a) How many crime victims have you served and will you serve? VICTIMS SERVED VICTIMS SERVED PROJECTED VICTIMS PROJECTION OF 1 YEAR 1 YEAR SERVED VICTIMS TO SERVE July 1, 2012 July 1, 2013 July 1, 2014 July 1, 2015 Through Through Through Through June 30, 2013 June 30, 2014 June 30, 2015 June 30, 2016 1205 1200 1075 1165 b) What is the number of victims served July 1, 2014 through December 31, 2014? 560 c) Are there other community agencies currently providing like services to the targeted population? no If yes, explain how this project is not a duplication of services. 16. Document community support, coordination and networking by providing the following information: a) List the top five agencies who your agency works most closely with in coordination and provision of crime victim services and indicate how you work with them. AGENCY HOW YOU COORDINATE 1 Weld District Attorney's office Email, phone, in person meetings regarding protocol as well as specific cases for victim support for open investigations as well upon arrest. 2 Greeley Police Department Protocol development and response teams. Additionally, we assist in response on behalf of Greeley when needed 3 A Womans Place For victims of domestic violence, we work with AWP as part of the safety plan as well as education and best practice protocol implementation 4. Catholic Charities Catholic Charities personal are in direct communication with the direct service provider with the WCSO VSU when appropriate on a case by case basis as well as educational community efforts 5 Colorado Legal Services We regularly refer victims to CLS for cival legal assistance 12 b) Is your agency an active participant in Weld County's Coordinating Committee for Victims of Crime (CCVC)? YES If"yes," provide the name(s) and position(s) of the CCVC participant(s) and their level of involvement in that group. NAME OF MEMBER HOW THEY PARTICIPATE Debbie Calvin Attends Meetings and assists in coordination of Victim's Rights week c) Briefly describe any other agency actions that demonstrate its high priority for developing community support, coordination, networking, and cooperation. The Weld Sheriff's Office VSU is dedicated to challenge current protocol and procedures throughout the 19th in an attempt to provide excellent service for crime victims. This is evidenced by the ongoing discussions and implementation of protocols within the last year as a result of developments in the _ industry, including, but not limited to findings of the DCJ and feedback from victims. Throughout the past year, the director of the unit has encouraged discussions and worked diligently on developing protocol regarding issues such as the bond schedule(see 18.1.1001 of the CRS and protection orders for VRA cases as well as 24-4.1-303(5)), court support on the weekends (see , 18.1.1001, criminal protection order and possible modification on VRA cases as well as 24-4.1-303(5)), bond conditions that support victim safety, officer education, victim notification on arrest both by probable cause and warrant (see 24-4.1-303 III), new legislative expectations of suspect gun policy in acts of domestic violence, officer access to restrictions such as bond conditions and protocol to support the compliance with VRA statutes and documentation of such. Many of these discussions need to take place with each individual agency (9 total) in an effort to respect the agencies leadership goals as well as records management. In response to the historical low employee retention rates in the unit, the unit was completely re- organized. Historically, two staff shared the direct service responsibilities and were on call excessive hours. Because of the reorganization, the staff are not on call for extreme hours and the director is available for training, support, quality control, protocol development and as a second responder. The result is a significant increase in production and job satisfaction and lower burn-out. The director is actively involved in both local and state-level boards and committees including sexual assault case review team, child abduction response team, A kids Place board, child death review team, and is on the human trafficking team with the Colorado Organization for Victims assistance. With the addition of the 2 part time staff, the upcoming year will provide the director the ability to also become more involved with the Colorado Organization for Victims Assistance. The addition of a bi-lingual advocate provides opportunity to continue her training in an effort to make her more accessible for officer/deputies to conduct victim witness interviews with translation. Historically, the Weld County Victim Services unit has not been able to provide these services and recognized the extreme need for a bi-lingual responder. 13 SECTION F -VICTIM COMPENSATION: Provide the following information concerning your agency's involvement with the Crime Victim Compensation Program: 17. a) Does your agency regularly inform victims about Victim Compensation and help them to apply when appropriate? xn Yes n No How? When a victim advocate responds on scene we have both hard copies of the applications and have an electronic version on a laptop that can be completed and signed on the laptop. Recent protocol changes have been made requiring officers/deputies to dispatch on scene advocates for any VRA case resulting in the victim going to the hospital and every direct service provider on VRA discusses resources including victim compensation. b) Explain any major issues that hinder your agency in helping crime victims to understand Victim Compensation eligibility requirements and to apply for benefits.._ Our county is a very big county and very rural. Often times, we respond by phone as a result and so this discussion often happens over the phone rather than in person. Additionally, victims often refuse services. c) Date of the last Crime Victim Compensation training: 2015 d) Person who conducted the training: Fawn Harmon 2_ Number of Staff and Volunteers in your agency providing services to crime victims. 2_ Number of Staff and Volunteers who attended the last Victim Compensation Training. DO NOT INCLUDE VICTIM COMPENSATION BROCHURES WITH YOUR APPLICATION. 14 SECTION G - VICTIM RIGHTS ACT: 18. Has your agency taken steps to assure that all staff and volunteers have read and understand the GUIDELINES FOR ASSURING THE RIGHTS OF VICTIMS OF AND WITNESSES TO CRIMES: Rights afforded to crime victims- C.R.S. 24-4.1-302.5; Procedures for assuring rights of victims of crimes; C.R.S. 24-4.1-303; and Child victim or witness— rights and services—C.R.S. 24-4.1-304 x Yes n No a) Briefly describe how your agency assures that all staff and volunteers are trained on VRA. We have a written skill assessment and due to the small size of the volunteer group, each volunteer receives extensive one-on-one assistance from the coordinator on both best practices and individual case management The staff and the volunteers have been provided a VRA technical assistance guide and are regularly challenged with questions to research and answer. All of our current volunteers have a significant background with several years of advocacy experience. Additionally, the bi-lingual advocate is currently undergoing a skill assessment and evaluation to determine accuracy in translation. b) Does your agency have a statutory mandate to notify victims about their rights under VRA? xn Yes No c) Date of last VRA Training: Officer training: April 2014, staff training: February 2015 d)Person who conducted the training: 2_ Number of Staff and Volunteers in your agency providing services to crime victims. 5_ Number of Staff and Volunteers who attended the VRA Training. e) How does your agency notify victims of their rights under VRA? VRA pamphlets are provided by the officer and the officers/deputies are required to notify the Victim Services Unit on all VRA cases. Staff reviews reports daily to identify any new cases and makes at minimum two contacts with every victim in a VRA case. f) Does your agency have a brochure describing VRA? n Yes n No If"yes", list the languages in which your brochure is available. See SECTION I. ATTACHMENTS English and Spanish g) If you agency does not have a brochure describing VRA, please indicate if your agency utilizes brochures from other agencies. See SECTION I ATTACHMENTS VRA brochures SHOULD be included in the application (all languages). DO NOT INCLUDE VICTIM COMPENSATION BROCHURES TO YOUR APPLICATION. 15 SECTION H - BUDGETARY INFORMATION: All Budget pages MUST be completed. All figures should be rounded to the nearest dollar. 19. Have you received 19th JD VALE Funding for this project? xn Yes No GRANT YEAR AMOUNT AWARDED AMOUNT OF FUNDS RETURNED ( not used during grant cycle) 2014-2015 58442 2013-2014 60828 $8930.98 2012-2013 60,828 $3,742 20. What is the projected cost per client served (cost/benefit ratio)? Funds requested divided by number of victims projected to serve = cost per client $67.83 per-VRA victim served 21. RESPONSIBLE PARTIES: a) List the two individuals who are responsible for ensuring the grant is administrated as proposed by the organization and approved by the VALE Board. NAME TITLE PHONE EMAIL Debbie Calvin Director of 970-356-4015 dcalvin@co.weld.co.us Victim Services Todd Deutsch LT 970-356-4015 tdeutsch@co.weld.co.us b) Who (give name and title) in your agency is responsible for reviewing agency bank statements against agency financial reports for accuracy of financial information? BarbaraConnolly-controller 22. What controls and processes does your agency have in place for writing checks? The answer should include information including: who in the agency is authorized to request a check, who is authorized to write a check, who is authorized to sign a check, whether or not dual signatures are required on any checks, and whether or not a person authorized to write a check could sign a check to themselves. Each department can request a payment(check); the request is made to the finance system with appropriate approval in the department. It then goes to accounting for final review. The Chair of the Board of County Commissioners and the Clerk to the Board are authorized to sign checks. Dual signatures are required on issued checks. A person authorized to write a check cannot sign a check to themselves, because the check has to go through levels of approval before it is issued or signed. 23. What process does your agency have in place to reconcile financial information with the quarterly VALE Financial Report? The director of victim services receives a monthly spreadsheet from the county indicating total staff liability for salaries and benefits. Any overtime is identified and subtracted from the numbers and compared to the awarded grant and reported accordingly. 16 BUDGET INFORMATION TOTAL AGENCY VICTIM SERVICES This page recaps your entire Victim Service Agency Budget. This recap provides an overall picture of your agency's funding sources and percentage of funding being requested in the VALE Application. Please indicate the sources for ALL funding your agency receives for victim services. FUNDING START DATE END DATE AMOUNT Month/Day/Year Month/Day/Year VALE Grant (if applicable) 58,442 07 / 01 / 14 06 / 30 / 15 CVS - DCJ Consolidated Funds 01 / 01 / 14 12 / 31 /14 (Ex: VOCA, VAWA) Other Victim Services / / / / Grants received from other VALE Judicial Districts Other Grants Other: Weld County 88,053 / / / / Government Other: Municipal agencies 7000 / / / / contribution TOTAL 153,495 Please specify the source of "Other" funds ( other grants, government funds, city funds, donations, fund-raising, etc.) "Other" funds should reflect hard dollars and NOT in-kind contributions (office space, phones, etc) HOW WILL FUTURE FUNDING NEEDS BE MET? Unknown. Staff hours may need to be scaled back to meet the budget limitations and hours for the bi-lingual advocate would need to be restricted to while on duty on call only. 17 VALE PROJECT BUDGET INFORMATION PROJECT FUNDS REQUESTED BUDGET: Continuation Applicants fill out Columns 1,2, and 3. ROUND TO NEAREST DOLLAR New Applicants fill out Column 2 only. Continuation Applicants ALL APPLICANTS Continuation (Column 1) (Column 2) Applicants 2014 - 2015 2015 - 2016 (Column3) Current Grant Award Requested Budget Increase or Decrease PERSONNEL PERSONNEL (+/-) Job Position Job Position/NAME 24404 Director, Debbie Calvin 29284 +4880 11685 Staff Specialist 15028 + 3343 11685 Staff Specialist 12022 +337 Fringe Benefits 10668 Fringe Benefits 16587 +5919 Subtotal 158442 Subtotal 72921 +14,479 EQUIPMENT EQUIPMENT (+/-) Victim/witness waiting room furniture Laptops and clothing - Subtotal Subtotal SUPPLIES AND OPERATING SUPPLIES & OPERATING EXPENSES (+/-) EXPENSES Subtotal Subtotal IN-STATE TRAVEL IN-STATE TRAVEL (+/-) Subtotal Subtotal PROFESSIONAL SERVICES PROFESSIONAL SERVICES (+/-) Subtotal J Subtotal TOTAL FUNDS: 58442 TOTAL FUNDS REQUESTED: 72921.00 + 14,479 18 VALE PROJECT BUDGET DETAIL AND JUSTIFICATION A.PERSONNEL: List each job position, include the name of the employee, if available. If two individuals have the same job title, list it twice. Indicate FTE of individual (EX: 1 FTE; .5 FTE; .75 FTE) TOTAL COST- Show the total amount of salary and fringe benefits of the position (SALARY and FRINGE BENEFITS are to be shown separately.) VALE % - Show the VALE percent requested for the total cost of the position VALE Funding- Calculate the VALE funding request based on the TOTAL COST and VALE %. Other Funding Source(s) - Indicate how the position is paid for other than VALE funding. If the position cannot be funded (because 100% VALE Funding) indicate this. Title of Job FTE Total VALE VALE If THIS grant funding will not pay for PositionAName Cost % Funding the entire position,what other SOURCE Requested Request will be used to pay for the rest of the ed position Director of Victim 1 77,776 57% 44,332 unknown Services/Debbie Calvin Bi-lingual Victim .5 27864 57% 15882 Will need to reduce hours to awarded Service specialist amount and restrict response to Spanish speaking cases when off duty Victim Service .5 22291 57% 12,706 unknown Specialist Name of person and their Title VALE Cost: salary + benefits = COST Name of person and their Title VALE Cost: salary + benefits = COST Name of person and their Title VALE Cost: salary + benefits = COST Name of person and their Title VALE Cost: salary + benefits = COST Name of person and their Title VALE Cost: salary + benefits = COST 19 B. EQUIPMENT REQUEST: C. SUPPLIES AND OPERATING REQUEST: All supplies and operating requests must be specific, itemized costs related to victim services. D. IN-STATE TRAVEL REQUEST: Itemize travel expenses of project personnel by purpose none E. PROFESSIONAL SERVICES REQUEST: List consultants or independent contractors who will provide victim services under the grant. none F. DIFFERENCES FROM LAST YEAR'S REQUEST: Continuation Applicants only for Victim Services requests: If this is an application for continuing funding, explain any changes from last year's awarded funding for Victim Services requests and this proposed funding. Historically,the Weld County Victim Services Unit has had a low employee retention rate with high turn- over and low job satisfaction. That resulted in continually being understaffed and forfeiture of some of the grant award. During the 2014 calendar year, it became evident that this was an issue that needed to be resolved as it has a direct negative impact on crime victims. An additional consequence of the staff shortage was the VALE grant award was not being used in its entirety. Because of the re-staffing and reorganization of the unit, we have effectively resolved this issue. Prior to the re-organization, 2 staff were responsible for direct service 24 hours a day 7 days a week and there was minimal supervision or back up for the responders. With the change to two part time staff and the addition of a director, we were able to ensure that there aren't unreasonable expectations of staff(ie to be on '/2 of the year), and that in the event that one staff left the unit,the expectations of the remaining staff didn't lead to the inability to successfully do their job(ie being on call 100% of the time) With these changes, we do not anticipate any problems that would lead to the extreme vacancy we have seen in the past. Additionally, the pay scale has changed to more appropriately align with the new responsibilities for the director and the paid advocates. It has become evident that there is a significant need for a bi-lingual responder. The current part time staff is willing to respond when a Spanish speaking advocate or translator for officers is needed and we are asking for an additional average 5 hours per week for this responder so that we are more able to serve the Spanish speaking victims/witnesses. Traditionally,the VALE has supported an award of 57% of the staffing expenses and the Weld County Victim Services Unit has not been awarded any funds for the other expenses associated with the unit. This application reflects what the VALE board has awarded in the past based on percentages. 20 VALE Grant Application Signature Page Applicant Agency: Weld County Sheriff's Office Project Title: Victim Services Funding Grant Period: July 1.2015 to June 30,2016 We hereby certify that the information contained herein is true and correct to the best of our knowledge and belief. The following signatories understand and agree that any grant received as a result of this application shall incorporate and be subject to the statements made within the above described VALE Grant Application (The Application). Furthermore, the signatories certify that they have each read The Application and are fully cognizant of their duties and responsibilities for this project. Original signatures of each party to this application (i.e.,Project Director,Financial Officer and Authorized Official) are required. Please use BLUE INK to distinguish the original documents from copies. Refer to Application Instructions for definitions for the signing authorities. Project Director: Name: Debbie Calvin Position/Title: Director of Victim Services Agency(including Division or Unit): Weld County Sheriffs Office Mailing Address: 1950"o" street Greeley co 80631 Phone: 97 6-4015 Fax: E-Mail: dcalvin@co.weld.co.us Signatu — Date: .9/ :- I t al J Financial Officer: Name: Barbara Connolly Position/Title: Controller Agency(including Division or Unit): Weld County Government-Accounting Mailing Address: PO box 758 Greeley Co 80631 Phone: 970-3e---36-7220 Jax: 970-352-9019 E-Mail: bconnolly@co.weld.co.us Signature: [�) a D Date: MAR 0 4 2015 Authorized Official: Name: Barbara Kirkmeyer Position/Title: Chair of the Board of County Commissioners Agency(including Division or Unit): Weld County Government-Board of County Commissioners Mailing Address:PO box 758 Greeley Co 80631 Phone: 970-336-7204 / / Fax: 970-352-0242 E-Mail: bkirkmeyer@co.weld.co.us Signature: ' —,( i / 4 Date: MAR Q 4 2015,E In accordance with the Colorado Revised Statutes 24-72-202.6,information supplied in this application is considered a public record. 21 020/.5- OG / 7 SECTION I- ATTACHMENTS: A. Attachments for only EQUIPMENT GRANT APPLICATIONS: EQUIPMENT REQUESTS—documentation of cost of equipment showing comparison pricing. A signed copy of the attached Grant Applicant Memorandum of Understanding Concerning the Rights Afforded to Crime Victims. B. Attachments for VICTIM SERVICES APPLICATIONS and\or VICTIM SERVICES WITH EQUIPMENT APPLICATIONS: Attach to original and all copies of the grant applications: x EQUIPMENT REQUESTS (if applicable) documentation of cost of equipment showing comparison pricing. _x_ blank Client Survey A list of ALL of your agency's board members which delineates the Board of Directors, (private non-profit). Attach to ONLY the original grant application: _x_Two copies of your agency's VRA brochure OR the VRA brochure your agency utilizes (ALL languages) DO NOT INCLUDE VICTIM COMPENSATION BROCHURES TO YOUR APPLICATION. _x_A signed copy of the attached Grant Applicant Memorandum of Understanding Concerning the Rights Afforded to Crime Victims. x Include a copy of agency's most recent audit report or financial review. * If agency is not subject to audit_explain how proper management and disbursement of funds is monitored. (Only one copy of the audit or financial review is required.) 22 ATTACHMENT VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD GRANT APPLICANT MEMORANDUM OF UNDERSTANDING CONCERNING THE RIGHTS AFFORDED TO CRIME VICTIMS As provided in C.R.S. 24-4.2-105 (4.7), Colorado law requires the following: A REQUESTING AGENCY OR PERSON SHALL ACKNOWLEDGE IN WRITING THAT SUCH AGENCY OR PERSON HAS READ AND UNDERSTANDS THE RIGHTS AFFORDED TO CRIME VICTIMS PURSUANT TO SECTION 24-4.1-302.5 AND THE SERVICES DELINEATED PURSUANT TO SECTION 24-4.1-303 AND 24-4.1-304. SUCH WRITTEN ACKNOWLEDGMENT SHALL BE ATTACHED TO SUCH REQUESTING-AGENCY'S OR PERSON'S APPLICATION FOR MONEYS PURSUANT TO THIS SECTION. THE BOARD SHALL NOT ACCEPT FOR EVALUATION ANY APPLICATION FOR A GRANT OF MONEYS PURSUANT TO THIS SECTION UNTIL THE REQUESTING AGENCY OR PERSON PROVIDES THE BOARD WITH SUCH WRITTEN ACKNOWLEDGMENT. The prospective grantee certifies to the VALE Board,by submission of this completed Grant Applicant Memorandum of Understanding Concerning the Rights Afforded to Crime Victims, that the agency or person described herein has read and understands the rights afforded to crime victims as required by C.R.S. 24-4.2-105 (4.7). PROJECT DIRECTOR: Debbie Calvin TITLE: Director of Victims Services PROJECT: Weld County Law Enforcement Victim Services AGENCY: Weld Sheriffs Office ADDRESS: 1950 `o" Street SIGNATURE: DATE: 2/27/2015 COPIES OF THE STATUTES DESCRIBED WILL BE PROVIDED TO PROSPECTIVE GRANT RECIPIENTS UPON REQUEST. 23 . 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(We do not use third party services for our furniture) **Delivery Charges will be calculated in your Shopping Cart Quick Links Check Availability Room Planner(/roomplanner.asp) Out of State Delivery Info(/about- us/deliveries/4 nation) Item Description The Black Grain collection from IDUSA brings modern style,great function and serious value to your home entertainment environment.Thick hollow core materials give a substantial appearance while the black raised grain laminate and sleek design give a"tech"appeal.Get more modern furniture for your money and house your gear in style! Note: Customer assembly is required on all pieces. • Storage Coffee Table by IDUSA • Matte black raised grain laminate finish • Functional lower storage cube • Thick hollow core MDF and laminate construction • Modern styliing at an outstanding value • NOTE: Customer assembly is required. AFW does not assemble this item. Collection Items Simone Beige Linen Accent Chair Price xr ty; Compare AC b194. Our Price: $96.0000 tia Dimensions:38"h x 26"w x 25"d Product SKI): 1B1-Sll Brand:Cambridge Home (https://www.facebook-com/sha re r.php? r u=https://www.afe,onlinacem/Ic280frm.asp? prodno=l B1-511&CertRewVals=1B1-511) � (https://twitter.com/share?url=) ' d (https'//plus.google.com/share? url=https://wwwafwonline.cam/ic280frm.aSP' — 2w prodno=1B1-511&CartRowVals=161-511) "We o white delivery sery utilizing 0(' ur own trucking fleet. (We do notffer use third partyglove services for our furnitureice,) ** Charges will be calculated in your Shopping Cart QuickDelivery Links Check Availability Room Planner(,froomplanner.esp) Out of State Delivery Info(/about- us/deliveries/#nation) Item Description • Simone beige linen accent chair from Cambridge Home. • Frame constructed of hardwoods and plywoods. • Quality foam cushion core construction. • Covered in a beige linen fabric. • Spot clean with water free solvent,cc S. Collection Items Recently Viewed Items Marquis Denim Loveseat f) Price Compare At:$459.00 Our Price: $349.00 Dimensions:38"h x 62'w x 41"d 8A Product SKU:B-6612 Brand'CORINTHIAN FURNITURE Fett (https://www.facebook.corn/sharer.php? p Y. u=https://www.afwonline.com6c280frm.aspP r� y prodno=B-6612&CartRowVals=B-6612) (https://twitter.com/share?url=) (https://plus.google.com/share? _._._ url=https:/./wwwafwonline.com/ic280frm.asp? - - -- prodno=B-6612&CartRowVals=B-6612) 2 W, a t sst"-al6ro. .,> ,. "rrvf ya . ,k, y.. *We offer white glove delivery service,utilizing s-ICVIS ` =:� - our own trucking fleet. (We do not use third party services tot our furniture) **Delivery Charges will be calculated in your Shopping Cart Quick Links Check Availability Room Planner(Jroomplanner.asp) Out of State Delivery Info(/about- us/deliveries/#nation) Item Description The Marquis Denim Collection from Corinthian Furniture offers clean lines and a look of sophistication.The frames are constructed of hardwoods and plywoods with high quality foam cushion cores and dacron wrap for comfort.This collection is covered in a blended fabric a deep indigo blue color.The accent pillows enhance the look of the collection with correlating fabrics and color combinations. Enjoy the Marquis Denim Collection in any living environment. • Marquis denim blue loveseat from Corinthian • Frame constructed of hardwoods and plywoods • High quality foam cushion cores • Covered in a blue 67%polyproplyene and 33°/polyester cover • Spot cleat with water free solution,cc S • Includes 2 reversible accent pillows, not sold separately Collection Items co of Transforming Squares 54x32 Hand Painted Price Compare At:$212.50 Sale Price: $125.00 Clearance Price: $89.00 r.. .« v 4., Dimensions:3rh x 54"w x 2"d Product 5KU: 121-5701 Brand:REN-WIL MIRRORS L. .- (https://www.faceb000m/ic 80re r.phpx • x „/ '- u=https://www.afwonline.com/ic280frm.asp? „-' ... x prod no=121-5701&CartRowVals=121-5701) %z ua '1i ,� tg, .� (hops://twitter.mm/share?url=) �3u tps:/(httP/ ARAa.google.com/share? ' •+"y r �, _ - url=hops://www.afwonline.com/ic280fm1 asp? ` ' It ,ix� T t prodno=121-5701&CartRowVals=121-5701) ` at y *This item can only be delivered along with your AFW furniture delivery,OR picked up in stare. Contact Customer Service to add items to your delivery. The Availability information only shows warehouse stock.Additional stock may be available In stores for purchase. **Televisions and electronics not included;these products can be purchased in-store only. Quick Links Check Availability Room (/ Out of Planner State Deliveryroomplanner.asp)Info(/about- us/deliveries/S nation) Item Description • Transforming Squares from Ren-Wil Art • This striking piece is made up of square handpainted panels with high gloss in a variation of sizes • While each individual section would be lovely on its own,combined,they produce a truly fabulous design • Dimensions: 32"h x 54"w • All sizes are approximate • Available in stores only Collection Items Recently Viewed Items Tawny Wall Shelf r Price }v�, -.-, / Yry to �� c k+k �q 5' yar g S �' F n;a � .'Xs�s..,J'r - �y h • �yV-I ems` t�.-1"irti� 2614 ya° iR +3 r a itv.p Compare At: $51.00 * "I.E . -r f w Our Price: $29.78 r AiF � . �" " `'' erg _ 'I' Dimensions:28"h x 25"w x 4"d ¢3r. '(' r+g C x dy 5'm<x"-c 974( - - Product 5KU: 120-996290 e &} u, °'t ;. t' y. Brand:THE POMEROY COLLECTION :r - c ,R4m:: £�` es art y v f p _;f (https://www.facebook.cam/sharer.php? e s Rittiiii ti ,,,z,,..:,,,.,„?..,;,,,,,,:,;,,,,,,,ii„.„,,,,.�,' w. u=https://www.afwonline.com/ic280frm.asp? III b R s a` 3 , t 4 itm at,gV prodno=120-996290&CartRowVals=120-996290) [- fl e (hops'.//twitter.com/share?url=) 4 i $ - I - j (hops://plus.google.com/share? '' url=https://www.afwonline.com/ic280frm.asp? d _mil prodno=120-996290&CartRowVals=120-996290) 'r Qy i -.. - f - s, - !' ry," - *This item can only be delivered along with your AFW w... . is < ^, i. furniture delivery,OR picked up in store. Contact •.. f a - Customer Service to add items to your delivery. • The Availability information only shows warehouse 66 A.p stock.Additional stock may be available in stores For _ zixo if• • •-4, purchase. ' ay q - **Televisions and electronics not included; these Ill&9 t `Y ; ;t�j 4>. - hli ,' } A - products can be purchased in-store only.•Y." Quick Links n Check Availability a, y, ti 41 Via xe v- I,z 3 i a k f it Room Planner(/roomplanner.asp) € 2 A s 4 y „ 4 L _ Out of State Del,very Info(/about- ##4R r { .., to } ` raweo. '-h a us/deliveries/#nation) threteerReatiitiaRinit d yti * smal 4...,„tat vwrR- y-t i �^,. ,M4? ;#�, '1Y Item Description • Tawny wall shelf by Pomeroy Collection • Squares placed to use as shelving for small plants,vases,and votives • Contemporary espresso finish • Add this to your wall for extra shelving to display treasures • Available in stores only Collection Items Recently Viewed Items Confidential confidential confidential confidential confidential WELD COUNTY SHERIFF'S OFFICE: VICTIM NOTIFICATION and Contact Information To be completed on ALL new VRA arrests for ALL named Victims Notification of Arrest: Pursuant to 24 4.1-303 III,all Victims of a crimes identified in the Victims'Rights Act of the Colorado Revised Statutes shall be notified of the arrest of the suspect on their case. The arresting agency: Has or Has not Notified the victim of the arrest. Date/time of notification by Notification of Release or change of status after arrest: Pursuant to 24-4.1-3025(b)C.R.S. Colorado Victims Rights Law,I have notified the victim in this incident of the right to be notified of changes of status of the arrestee: The victim: DOES NOT WISH TO BE NOTIFIED of changes in status after arrest Victim or Officer Signature: "" even if this box is checked, MUST DOCUMENT VICTIM NAME, DOB,AND PHONE NUMBER below REQUESTS NOTIFICATION,therefore, I request that reasonable attempts(in accordance with Offender Supervision Bureau Procedure) be made to notify the listed victim of a crime as defined in 24-4.1-302.5(b)C.R.S in the event that this prisoner is released,transferred,or escapes. The victim will also be notified as required of any other changes of status of the accused. The victim in this incident has been informed that should such notice be required,the call may come at any hour of the day or night and it is the responsibility of the victim to notify the Weld County Jail of any change in contact information TO BE COMPLETED ON ALL NEW VRA ARRESTS Subject/offender name(Last, First,Middle Initial) Suspect DOB Victim contact information: confidential Victim 1 Victim Name(Last,First, MI) Victim DOB(mm, dd,yy) Victim Contact Phone(1) Victim Contact(2) Victim Address: City State ZIP Victim Email address Confidential confidential confidential confidential confidential. .confidential confidential confidential THIS AREA IS FOR SHERIFF'S OFFICE INTAKE/RELEASE PERSONAL ONLY Booking Number Attempt 1 date/time Attempt 2 date/time Attempt 3 date/time Attempt 4 date/time C.R.S. 24-4.1-301 COLORADO REVISED STATUTES * This document reflects changes current through all laws passed at the Second Regular Session of the Sixty-Ninth General Assembly of the State of Colorado (2014) and changes approved by the electorate at the November 2014 election * TITLE 24. GOVERNMENT - STATE ADMINISTRATION ARTICLE 4.1. CRIME VICTIM COMPENSATION AND VICTIM AND WITNESS RIGHTS PART 3. GUIDELINES FOR ASSURING THE RIGHTS OF VICTIMS OF AND WITNESSES TO CRIMES C.R.S. 24-4.1-301 (2014) 24-4.1-301. Legislative declaration The general assembly hereby finds and declares that the full and voluntary cooperation of victims of and witnesses to crimes with state and local law enforcement agencies as to such crimes is imperative for the general effectiveness and well-being of the criminal justice system of this state. It is the intent of this part 3, therefore, to assure that all victims of and witnesses to crimes are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protection afforded criminal defendants. HISTORY: Source: L. 84: Entire part added, p. 654, § 3, effective May 14. COLORADO REVISED STATUTES * This document reflects changes current through all laws passed at the Second Regular Session of the Sixty-Ninth General Assembly of the State of Colorado (2014) and changes approved by the electorate at the November 2014 election TITLE 24. GOVERNMENT - STATE ADMINISTRATION ARTICLE 4.1. CRIME VICTIM COMPENSATION AND VICTIM AND WITNESS RIGHTS PART 3. GUIDELINES FOR ASSURING THE RIGHTS OF VICTIMS OF AND WITNESSES TO CRIMES C.R.S. 24-4.1-302 (2014) 24-4.1-302. Definitions As used in this part 3, and for no other purpose, including the expansion of the rights of any defendant: ''Crime" means any of the following offenses, acts, and violations as defined by the statutes of the state of Colorado, whether committed by an adult or a juvenile: (a) Murder in the first degree, in violation of section 18-3-102, C.R.S.; (h) Murder in the second degree, in violation of section 18-3-103, C.R.S.; (c) Manslaughter, in violation of section 18-3-104, C.R.S.; (d) Criminally negligent homicide, in violation of section 18-3-105, C.R.S.; (e) Vehicular homicide, in violation of section 18-3-106, C.R.S.; (f) Assault in the first degree, in violation of section 18-3-202, C.R.S.; (g) Assault in the second degree, in violation of section 18-3-203, C.R.S.; (h) Assault in the third degree, in violation of section 18-3-204, C.R.S.; (i) Vehicular assault, in violation of section 18-3-205, C.R.S.; (j) Menacing, in violation of section 18-3-206, C.R.S.; (k) (Deleted by amendment, L. 95, p. 1256, § 22, effective July 1, 1995.) (I) First degree kidnapping, in violation of section 18-3-301, C.R.S.; (m) Second degree kidnapping, in violation of section 18-3-302, C.R.S.; (n) (I) Sexual assault, in violation of section 18-3-402, C.R.S.; or (II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000; (o) Sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000; (p) (I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or (II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000; (q) Sexual assault on a child, in violation of section 18-3-405, C.R.S.; (r) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.; (s) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.; (s.3) Invasion of privacy for sexual gratification, in violation of section 18-3-405.6, C.R.S.; (t) Robbery, in violation of section 18-4-301, C.R.S.; (u) Aggravated robbery, in violation of section 18-4-302, C.R.S.; (v) Aggravated robbery of controlled substances, in violation of section 18-4-303, C.R.S.; (w) Repealed. (x) Incest, in violation of section 18-6-301, C.R.S.; (y) Aggravated incest, in violation of section 18-6-302, C.R.S.; (z) Child abuse, in violation of section 18-6-401, C.R.S.; (aa) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.; (bb) Crimes against at-risk adults or at-risk juveniles, in violation of section 18-6.5-103, C.R.S.; (bb.3) 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.; (bb.7) 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.; (cc) 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 section 18-6-801 (1), C.R.S.; (cc.1) (I) Stalking, in violation of section 18-3-602, C.R.S.; (II) Stalking, in violation of section 18-9-111 (4), C.R.S., as it existed prior to August 11, 2010; (cc.3) A bias-motivated crime, in violation of section 18-9-121, C.R.S.; (cc.5) Careless driving, in violation of section 42-4-1402, C.R.S., that results in the death of another person; (cc.6) 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; (dd) 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); (ee) Retaliation against a witness or victim, in violation of section 18-8-706, C.R.S.; (ee.3) Intimidating a witness or a victim, in violation of section 18-8-704, C.R.S.; (ee.7) 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.; (gg) Indecent exposure, in violation of section 18-7-302, C.R.S.; (hh) Violation of a protection order issued under section 18-1-1001, C.R.S., against a person charged with committing sexual assault, in violation of section 18-3-402, 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.; (ii) Human trafficking in violation of section 18-3-503 or 18-3-504, C.R.S.; (jj) First degree burglary, in violation of section 18-4-202, C.R.S.; !kk) Retaliation against a judge, in violation of section 18-8-615, C.R.S.; or retaliation against a juror, in violation of section 18-8-706.5, C.R.S.; (II) Child prostitution, in violation of section 18-7-401, C.R.S.; soliciting for child prostitution, in violation of section 18-7-402, C.R.S.; procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.; pimping of a child, in violation of section 18-7-405, C.R.S.; inducement of child prostitution, in violation of section 18-7- 405.5, C.R.S.; or patronizing a prostituted child, in violation of section 18-7-406, C.R.S. (1.2) "Cold case" means a felony crime reported to law enforcement that has remained unsolved for over one year after the crime was initially reported to law enforcement and for which the applicable statute of limitations has not expired. (1.3) "Correctional facility" means any private or public entity providing correctional services to offenders pursuant to a court order including, but not limited to a county jail, a community corrections provider, the division of youth corrections, and the department of corrections. (1.5) "Correctional official" means any employee of a correctional facility. (2) "Critical stages" means the following stages of the criminal justice process: (a) The filing of charges against a person accused of a crime; (a.5) The decision not to file charges against a person accused of a crime; (a.7) The decision to enter into a diversion agreement pursuant to section 18-1.3-101, C.R.S.; (b) The preliminary hearing; (c) (I) Any court action involving a bond reduction or modification at which the following occurs: (A) A bond is set lower than the scheduled or customary amount for the specific charge, including any adjustments made by the court to the amount of bond to correspond to the specific charge to which the defendant pled guilty or for which the defendant was convicted, if the adjusted bond is lower than the scheduled or customary amount for the specific charge; (B) A change in the type of bond; (C) A modification to a condition of the bond; (D) A defendant is permitted to appear without posting a bond; (E) In a case involving a capital offense, the court grants the defendant's motion for admission to bail pursuant to section 16-4-101 (3), C.R.S.; or (F) For jurisdictions that do not have a bond schedule or customary amount for bond, a bond is modified to a lower amount than that set at the initial bond hearing. (II) Notwithstanding the provisions of subparagraph (I) of this paragraph (c), the following shall not constitute a bond reduction or modification: (A) The initial setting of a bond, whether set by the court at the first appearance or by another entity authorized to do so by the court prior to the first dppCUIa!{l,e; (B) The setting of a new bond upon the filing of charges by the district attorney, so long as the bond is set at or above the scheduled or customary amount for the specific charge filed; and (C) For nonbailable offenses pursuant to section 16-4-101, C.R.S., the subsequent setting of a bond by the court. (d) The arraignment of a person accused of a crime; (e) Any hearing on motions concerning evidentiary matters or pre-plea or post-plea relief; (e.5) Any subpoena for records concerning the victim's medical history, mental health, education, or victim's compensation; (f) Any disposition of the complaint or charges against the person accused; (g) The trial; (h) Any sentencing hearing; (i) Any appellate review or appellate decision; (j) Any modification of the sentence pursuant to rule 35 (a) or 35 (b) of the Colorado rules of criminal procedure or any other provision of state or federal law; (j.5) Any court-ordered modification of the terms and conditions of probation as described in section 18-1.3-204, C.R.S., and as outlined in section 24-4.1-303 (13.5) (a); (k) Any probation revocation hearing; (k.3) The filing of any complaint, summons, or warrant by the probation department for failure to report to probation or because the location of a person convicted of a crime is unknown; 5) The change of venue or transfer of probation supervision from one jurisdiction to another; (k.7) The request for any release from probation supervision prior to the expiration of the defendant's sentence; (I) An attack on a judgment or conviction for which a court hearing is set; (m) Any parole application hearing; "n) The parole, release, or discharge from imprisonment of a person convicted of a crime; (o) Any parole revocation hearing; The transfer to or placement of a person convicted of a crime in a nonsecured facility; (q) The transfer, release, or escape of a person charged with or convicted of a crime from any state hospital; (r) Any petition by a sex offender to terminate sex offender registration; (r.3) Any hearing concerning a petition for expungement as described in section 19-1-306 (5) (a), C.R.S.; (s) The execution of an offender in a capital case; (t) A hearing held pursuant to section 18-1-414 (2) (b), C.R.S.; and (u) 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; the results of any such postconviction DNA testing; and court proceedings initiated based on the result of the postconviction DNA testing. An inmate's written or oral request for such testing is not a "critical stage". (3) "Lawful representative" means any person who is designated by the victim or appointed by the court to act in the best interests of the victim. (3.5) "Modification of sentence" means an action taken by the court to modify the length, terms, or conditions of an offender's sentence pursuant to rule 35 (a) or (b) of the Colorado rules of criminal procedure. Action taken by the court includes an order by the court modifying an offender's sentence upon review of the written motion without a hearing but does not include an order denying a motion to modify a sentence without a hearing. (4) "Significant other" means any person who is in a family-type living arrangement with a victim and who would constitute a spouse of the victim if the victim and such person were married. (5) "Victim" means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct or plan as crime is defined under the laws of this state or of the United States, or, if such person is deceased or incapacitated, the person's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative. For purposes of notification under this part 3, any person under the age of eighteen years is considered incapacitated, unless that person is legally emancipated. It is the intent of the general assembly that this definition of the term "victim" shall apply only to this part 3 and shall not be applied to any other provision of the laws of the state of Colorado that refer to the term "victim". (6) "Victim's immediate family" means the spouse, any child by birth or adoption, any stepchild, the parent, the stepparent, a sibling, a legal guardian, significant other, or a lawful representative of the victim. (7) "Witness" means any natural person: (a) Having knowledge of the existence or nonexistence of facts relating to any crime; (b) Whose declaration under oath is received or has been received as evidence for any purpose; (c) Who has reported any crime to any peace officer, correctional officer, or judicial officer; (d) Who has been served with a subpoena issued under the authority of any court in this state, of any other state, or of the United States; or (e) Who would be believed by any reasonable person to be an individual described in paragraph (a), (b), (c), or (d) of this subsection (7). HISTORY: Source: L. 84: Entire part added, p. 654, § 3, effective May 14.L. 87: (2) amended, p. 1581, § 35, effective July 10.L. 92: Entire section amended, p. 415, § 2, effective January 14, 1993.L. 93: (1)(k) and (1)(w) amended, p. 1653, § 53, effective July 1.L. 95: (1)(w) repealed, p. 1110, § 64, effective May 31; IP(1), (1)(bb), (1)(cc), (2)(c), (2)(e), (2)(1), and (5) amended and (1)(dd) added, p. 1402, § 4, effective July 1; (1)(k) and (1)(bb) amended, p. 1256, § 22, effective July 1.L. 97: (1)(cc) and (1)(dd) amended and (1)(cc.1), (1)(cc.3), (1)(cc,5), (1)(cc.6), (2)(k.3), (2)(k.5), and (2)(k.7) added, pp. 1560, 1561, § § 4, 5, effective July 1.L. 99: (1)(cc.1) amended, p. 794, § 2, effective July l.L. 2000: (1)(cc.6) amended and (1)(ee), (1)(ff), (1.3), and (1.5) added, pp. 241, 240, § § 4, 3, effective March 29; (1)(n), (1)(o), and (1)(p) amended, p. 707, § 34, effective July 1.L. 2005: (1)(cc.3) amended, p. 1501, § 6, effective July i.L. 2006: IP(1), (1)(ee), ,2)(k.5), (2)(k.7), and (2)(p) amended and (1)(bb.3), (1)(bb.7), (1)(ee.3), (1)(ee.7), (1)(gg), (1)(hh), (1.2), (2)(a.5), (2)(e.5), (2)(r), and (2)(s) added, pp. 643, 644, § § 1, 2, 3, effective July 1.1. 2007: (2)(I) amended, p. 839, § 1, effective May 14.L. 2008: (2)(c) amended, p. 325, § 1, effective April 7; (2)(r) and (2)(s) amended and (2)(t) added, p. 1513, § 3, effective May 28.L. 2010: (1)(cc.i) amended, (HB 10-1233), ch. 88, p. 296, § 7, effective August 11.L. 2011: (1)(s.3) added, (HB 11-1303), ch. 264, p. 1164, § 55, effective July 1, 2012.L. 2012: (1)(gg), (2)(s), (2)(t), and (5) amended and (1)(ii), (1)0j), (1)(kk), (2)(u), and (3.5) added, (HB 12-1053), ch. 244, p. 1151, § 1, effective August B.L. 2013: (2)(a.7) added, (HB 13-1156), ch. 336, p. 1958, § 7, effective August 7; (2)(r.3) added, (HB 13-1082), ch. 238, p. 1157, § 2, effective August 7.L. 2014: (1)(ii) amended, (HB 14-1273), ch. 282, pp. 1157, 1158, § § 23, 26, effective July 1; (1)(ii), (1)0j), (2)(j), and (5) amended and (1)01) and (2)0.5) added, (HB 14-1148), ch. 95, p. 347, § 1, effective August 6. COLORADO REVISED STATUTES * This document reflects changes current through all laws passed at the Second Regular Session of the Sixty-Ninth General Assembly of the State of Colorado (2014) and changes approved by the electorate at the November 2014 election * TITLE 24. GOVERNMENT - STATE ADMINISTRATION ARTICLE 4.1. CRIME VICTIM COMPENSATION AND VICTIM AND WITNESS RIGHTS PART 3. GUIDELINES FOR ASSURING THE RIGHTS OF VICTIMS OF AND WITNESSES TO CRIMES C.R.S. 24-4.1-302.5 (2014) 24-4.1-302.5. Rights afforded to victims (1) In order to preserve and protect a victim's rights to justice and due process, each victim of a crime shall have the following rights: (a) The right to be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process; (b) The right to be informed of and present for all critical stages of the criminal justice process as specified in section 24-4.1-302 (2); except that the victim shall have the right to be informed of, without being present for, the critical stages described in section 24-4.1- 302 (2) (a), (2) (a.5), (2) (a.7), (2) (e.5), (2) (k.3), (2) (n), (2) (p), (2) (q), and (2) (u); (b.5) The right to be informed of and present for the critical stages described in section 24- 4.1-302 (2) (k) to (2) (q) and (2) (s), upon the written request of the victim; except that the victim shall have the right to be informed of the critical stage described in section 24- 4.1-302 (2) (I) without submitting a written request for notification; (b.7) For a victim of a sex offense, the right to be informed of the filing of a petition by the perpetrator of the offense to terminate sex offender registration pursuant to section 16-22- 113 (2) (c), C.R.S.; (b.9) The right 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 as defined in section 17-1-102, C.R.S.; (c) (I) Except as otherwise provided in subparagraph (II) of this paragraph (c): (A) The right to be informed, upon request by the victim, when a person who is accused or convicted of a crime against the victim is released or discharged from county jail; (B) The right to be informed, upon written request by the victim, when a person who is accused or convicted of a crime against the victim is released or discharged from custody other than county jail, is paroled, escapes from a secure or nonsecure correctional facility or program, or absconds from probation or parole. (II) With respect to the release, discharge, or permanent transfer of a person from a county or correctional facility, the provisions of subparagraph (I) of this paragraph (c) shall apply when the person released, discharged, or permanently transferred is no longer within the care and control of the supervising law enforcement or correctional agency. The provisions of subparagraph (I) of this paragraph (c) shall not apply to the temporary transfer of the care and control of a person from a county jail or a correctional facility by the supervising law enforcement or correctional agency to another equally or more secure county jail or correctional facility, so long as the person will return to the care and control of the transferring supervisory agency. (d) The right to be heard at any court proceeding: (I) Involving the defendant's bond as specified in section 24-4.1-302 (2) (c); (II) At which the court accepts a plea of nolo contendere; (III) At which the court accepts a negotiated plea agreement; I?V) At which a person accused or convicted of a crime against the victim is sentenced; (V) At which the sentence of a person accused or convicted of a crime against the victim is modified; (VI) At which the defendant requests a modification of the no contact provision of the mandatory criminal protection order under section 18-1-1001, C.R.S., or section 19-2-707, C.R.S.; (VII) Involving a subpoena for records concerning the victim's medical history, mental health, education, or victim compensation, or any other records that are privileged pursuant section 13-90-107, C.R.S.; or (VIII) Involving a petition for expungement as described in section 19-1-306 (5) (a), C.R.S. ') (I) If a victim or a victim's designee is unavailable to be present for the critical stages uescribed in paragraph (d) of this subsection (1) and the victim or the victim's designee wishes to address the court, the right to request that the court, within the court's resources, arrange and provide the means for the victim and the victim's designee to provide input to the court beyond a written victim impact statement. (II) For purposes of this paragraph (d.5), "unavailable" means that the victim or the victim's designee is physically unable to attend the court hearing, may sustain a financial hardship to attend the court hearing, is concerned for his or her safety if he or she attends the court hearing, may suffer significant emotional impact by attending the hearing, or is unavailable for other good cause. (III) The victim or the victim's designee shall notify the district attorney within a reasonable time that he or she is unavailable to attend the court hearing. The district attorney's office shall then inform the court that the victim or the victim's designee, due to his or her unavailability, is requesting the court to arrange for and provide the means to address the court, which may include but need not be limited to appearing by phone or similar technology. The district attorney shall inform the victim or the victim's designee of the court's decision regarding an alternate arrangement. (IV) This paragraph (d.5) applies to a victim who is incarcerated or otherwise being held in a local county jail, the department of corrections, or the division of youth corrections in the department of human services, but is limited to participation by telephone. (e) The right to consult with the prosecution after any crime against the victim has been charged, prior to any disposition of the case, or prior to any trial of the case, and the right to be informed of the final disposition of the case; (f) The right to be informed by local law enforcement agencies, prior to the filing of charges with the court, or by the district attorney, after the filing of charges with the court, of the status of any case concerning a crime against the victim, and any scheduling changes or cancellations, if such changes or cancellations are known in advance; (g) The right to be present at the sentencing hearing, including any hearing conducted pursuant to section 18-1.3-1201 or 18-1.4-102, C.R.S., for cases involving class 1 felonies, of any person convicted of a crime against such victim, and to inform the district attorney and the court, in writing, by a victim impact statement, and by an oral statement, of the harm that the victim has sustained as a result of the crime, with the determination of whether the victim makes written input or oral input, or both, to be made at the sole discretion of the victim; (h) The right to have the court determine the amount, if any, of restitution to be paid to a victim pursuant to part 6 of article 1.3 of title 18, C.R.S., by any person convicted of a crime against such victim for the actual pecuniary damages that resulted from the commission of the crime; (i) The right to be informed of the victim's right to pursue a civil judgment against any person convicted of a crime against the victim for any damages incurred by the victim as a result of the commission of the crime regardless of whether the court has ordered such person to make restitution to the victim; (i.5) (Deleted by amendment, L. 2006, p. 645, § 4, effective July 1, 2006.) (j) The right to be informed, upon written request from the victim, of any proceeding at which any postconviction release from confinement in a secure state correctional facility is being considered for any person convicted of a crime against the victim and the right to be heard at any such proceeding or to provide written information thereto. For purposes of this subsection (1), "proceeding" means reconsideration of sentence, a parole hearing, or commutation of sentence. (j.3) The right to be notified of a referral of an offender to community corrections; (j.5) (I) The right to provide a written victim impact statement that will be included with any referral made by the department of corrections or a district court to place an offender in a community corrections facility or program. A community corrections board may allow a victim to provide an oral statement to the community corrections board when an offender is being considered for a direct sentence to community corrections and may place reasonable limits on the victim's oral statement. (II) For purposes of this paragraph (j.5), the victim shall have the right to provide a separate oral statement to the community corrections board considering a transitional referral, but the board shall have discretion to place reasonable parameters on the victim's oral statement. If a community corrections board denies the offender's referral to community corrections, the victim's right under this subparagraph (II) to provide an oral statement shall not take effect. (j.7) The right, at the discretion of the district attorney, to view all or a portion of the presentence report of the probation department; (k) The right to promptly receive any property that belongs to a victim and that is being held by a prosecutorial or law enforcement agency unless there are evidentiary reasons for the retention of such property; (I) The right to be informed of the availability of financial assistance and community services for victims, the immediate families of victims, and witnesses, which assistance and community services shall include, but shall not be limited to, crisis intervention services, victim compensation funds, victim assistance resources, legal resources, mental health services, social services, medical resources, rehabilitative services, and financial assistance services, and the right to be informed about the application process for such services; (1.5) The right to be informed about the possibility of restorative justice practices, as defined in section 18-1-901 (3) (o.5), C.R.S., which includes victim-offender conferences; (m) The right to be informed about what steps can be taken by a victim or a witness, including information regarding protection services, in case there is any intimidation or harassment by a person accused or convicted of a crime against the victim, or any other person acting on behalf of the accused or convicted person; (n) The right to be provided with appropriate employer intercession services to encourage the victim's employer to cooperate with the criminal justice system in order to minimize the loss of employment, pay, or other benefits resulting from a victim's court appearances or other required meetings with criminal justice officials; (o) The right 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; (p) The right to be provided, whenever practicable, with a secure waiting area during court proceedings that does not require a victim or a witness to be seen or to be in close proximity to the person accused or convicted of a crime against the victim or such person's family or friends; (q) The right to be informed, upon written request by the victim, when a person convicted of a crime against the victim is placed in or transferred to a less secure public or private correctional facility or program; (r) The right to be informed, upon written request by the victim, when a person who is or was charged with or convicted of a crime against the victim escapes or is permanently or conditionally transferred or released from any public hospital, private hospital, or state hospital; (s) The right to be informed of any rights which the victim has pursuant to the constitution of the United States or the state of Colorado; (t) The right to be informed of the process for enforcing compliance with this article pursuant to section 24-4.1-303 (17); (u) The right to be informed of the results of any HIV testing that is ordered and performed pursuant to section 18-3-415, C.R.S.; (v) The right to prevent any party at any court proceeding from compelling testimony regarding the current address, telephone number, place of employment, or other locating information of the victim unless the victim consents or the court orders disclosure upon a finding that a reasonable and articulable need for the information exists. Any proceeding conducted by the court concerning whether to order disclosure shall be in camera. (w) The right to have 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 make all reasonable efforts to exclude or redact a victim's social security number or a witness' social security number from a 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, the defense attorney of record, the defense attorney's agent, or a criminal justice agency that has duties under this article; (x) The right to be notified of how to request protection of their address pursuant to the Colorado rules of criminal procedure; (y) The right to receive a copy of the victim impact statement form from the district attorney's office; (z) The right to be notified of a hearing concerning a petition for sealing of records described in section 24-72-308 filed by a defendant in the criminal case whose crime falls under section 24-4.1-302 (1). (1.6) The right to be informed of the existence of a criminal protection order under section 18-1-1001, C.R.S., or section 19-2-707, C.R.S., 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. (2) Subsection (1) of this section shall not be construed to imply that any victim who is incarcerated by the department of corrections or any local law enforcement agency has a that department • tinny or the local right to be released to attend any �i�aririy or teal. the department of �-vrrc%�w�w law enforcement agency has any duty to transport such incarcerated victim to any hearing. (3) Municipalities and municipal courts shall be encouraged to adopt policies which afford the rights granted to crime victims pursuant to this section to crime victims at the municipal court level, to the extent the adoption of such policies is practicable in the particular municipality. (4) (a) If a victim contacts a criminal justice agency regarding a crime that occurred before 1993, and the offender who committed the crime is currently serving a sentence for the crime, the victim may request notification of any future critical stages of the criminal proceedings. This provision does not require a criminal justice agency to proactively locate victims of crimes that occurred before 1993. (b) If an arrest is made for a crime committed before 1993 that was previously unsolved, the appropriate criminal justice agency shall notify the crime victim of all future critical stages. :IISTORY: Source: L. 92: Entire section added, p. 418, § 3, effective January 14, 1993.L. 94: (1)(i.5) added, p. 2042, § 25, effective July 1.L. 95: (1)(b), (1)(c), (1)(e), (1)(h), (1)(i.5), (1)(j), and (1)(p) to (1)(r) amended and (1)(j.5) added, p. 1403, § 5, effective July 1.L. 97: (1)(g) amended, p. 47, § 1, effective March 21; (1)(r) and (1)(s) amended and (1)(t) added, p. 1561, § 6, effective July 1.L. 2000: (1)(d), (1)(q), and (1)(r) amended and (1)(j.7) and (1)(u) added, p. 241, § 5, effective March 29; (1)(h) amended, p. 1051, § 21, effective September 1.L. 2002: (1)(g) amended, p. 1530, § 240, effective October 1.L. 2002, 3rd Ex. Sess.: (1)(g) amended, p. 34, § 31, effective July 12 and (1)(g) amended, p. 34, § 32, effective October 1.L. 2006: (1)(b), (1)(c), (1)(g), (1)(h), (1)(i.5), (1)(j.5), (1)(k), (1)(t), and (1)(u) amended and (1)(b.5), (1)(j.3), and (1)(v) added, p. 645, § 4, effective July 1.L. 2007: (1)(b.5) amended and (1)(b.7) added, pp. 839, 840, § § 2, 3, effective May 14.L. 2008: (1)(d) amended, p. 326, § 2, effective April 7.L. 2009: (1)(j.5) amended, (HB 09-1181), ch. 76, p. 276, § 1, effective August 5.L. 2011: (1)(1.5) added, (HB 11-1032), ch. 296, p. 1408, § 19, effective August 10.L. 2012: (1)(b), (1)(c)(II), (1)(d)(V), (1)(d)(VI), (1)(j.5)(I), (1)(m), and (1)(u) amended and (1)(d)(VII), (1)(d.5), (1)(w), (1)(x), (1)(y), (1.6), and (4) added, (HB 12-1053), ch. 244, p. 1152, § 2, effective August 8.L. 2013: (1)(b) amended, (HB 13-1156), ch. 336, p. 1958, § 8, effective August 7. (1)(d)(VI) and (1)(d)(VII) amended and (1)(d)(VIII) added, (HB 13-1082), ch. 238, p. § 3, effective August 7; (1)(1.5) amended, (HB 13-1254), ch. 341, p. 1990, § 11, effective August 7.L. 2014: (1)(b.9) and (1)(z) added and (1)(d.5)(IV) and (4) amended, (HB 14-1148), ch. 95, p. 348, § 2, effective August 6. Cross references: (1) For the legislative declaration contained in the 2002 act amending subsection (1)(g), see section 1 of chapter 318, Session Laws of Colorado 2002. (2) For the legislative declaration contained in the 2002 Third Extraordinary Session act 'nding subsection (1)(g), see section 16 of chapter 1, Session Laws of Colorado 2002, ;iird Extraordinary Session. ANNOTATION victim's right to be present at all critical stages of the criminal justice process under § 16a of article II of the state constitution and subsection (1)(d) takes precedence over a party's right to sequester witnesses under C.R.E. 615. The father of a murder victim who testified in the defendant's trial was wrongly excluded from subsequent portions of the trial. People v. Coney, 98 P.3d 930 (Colo. App. 2004). A victim's "right to be heard" under Colo. Const. art. II § 16a is limited by subsection (1)(d) to "any court proceeding which involves a bond reduction or modification, the acceptance of a negotiated plea agreement, or the sentencing of any person accused or convicted of a crime" against the victim. Gansz v. People, 888 P.2d 256 (Colo. 1995). Colo. Const art. II § 16a authorizes the general assembly to define "all terminology". The enactment of subsection (1)(d) reflects a legislative determination as to when a victim's input would be relevant, and, therefore, when a right to be heard would be appropriate. Gansz v. People, 888 P.2d 256 (Colo. 1995). Colo. Const. art. II § 16a does not grant an alleged crime victim standing or the right to contest a district attorney's decision to dismiss criminal charges or the right to appellate review of the order dismissing the charges, nor does that section and the enabling legislation under this section grant an alleged crime victim the right to be heard on a district attorney's motion to dismiss a criminal charge. Gansz v. People, 888 P.2d 256 (Colo. 1995). Mother convicted of contributing to the delinquency of her minor son was required to pay restitution since he was the victim of the crime. People v. Miller, 830 P.2d 1092 (Colo. App. 1991). The doctrine of abatement ab initio does not apply to civil judgments created by restitution orders. Where defendant died after conviction and entry of the order of restitution, but before determination of the direct appeal, the common law doctrine of abatement ab initio applied to defendant's conviction. Because of the importance of protecting the rights of victims, however, the restitution order, which created a civil judgment under § 18-1.3-603 (4)(a), was not subject to abatement but could be appealed by defendant's estate. People v. Daly, 313 P.3d 571 (Colo. App. 2011). The general assembly did not act improperly in limiting the proceedings in which a victim has the right to be heard. Since § 16a of article II of the state constitution grants the general assembly the power to define "critical stages" and "right to be heard", the constitution does not guarantee a victim the right to be heard at all stages of the trial. People v. Herron, 874 P.2d 435 (Colo. App. 1993). In implementing § 16a of article II of the state constitution, the general assembly did not give victims the right to appeal a district attorney's decision to dismiss the charges. People v. Herron, 874 P.2d 435 (Colo. App. 1993). COLORADO REVISED STATUTES * This document reflects changes current through all laws passed at the Second Regular Session of the Sixty-Ninth General Assembly of the State of Colorado (2014) and changes approved by the electorate at the November 2014 election TITLE 24. GOVERNMENT - STATE ADMINISTRATION ARTICLE 4.1. CRIME VICTIM COMPENSATION AND VICTIM AND WITNESS RIGHTS PART 3. GUIDELINES FOR ASSURING THE RIGHTS OF VICTIMS OF AND WITNESSES TO CRIMES C.R.S. 24-4.1-303 (2014) 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. (2) Upon request of a victim, 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. (4) After a crime has been charged, unless inconsistent with the requirements of investigative activities, the district attorney shall consult, where practicable, with the victim concerning the reduction of charges, negotiated pleas, diversion, dismissal, seeking of death penalty, or other disposition. Failure to comply with this subsection (4) shall not invalidate any decision, agreement, or disposition. This subsection (4) shall 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 shaii 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) (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 ayet 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 cooperate in the prosecution of a criminal proceeding; and (h) The existence of a criminal protection order under section 18-1-1001, C.R.S., or section 19-2-707, C.R.S., 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) (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 and any conditions imposed upon such 'lease; (IV) The law enforcement agency shall provide the victim in a cold case information concerning any change in the status of the case. In addition, upon the written request of the • ctim, 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) and (2) (I) 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.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 hearing concerning a petition for sealing of records as described in section 24-72- 308 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) (I) 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) (0.5), 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 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) (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. (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. (h) The right to receive information from the probation department concerning information in subsection (13.5) of this section regarding a person convicted of a crime against the victim; and (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. (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) (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; (IV) Any probation revocation or modification hearing regarding the person and any changes in the scheduling of the hearings; (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, C.R.S., 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 for failure to report to probation or because the location of a person convicted of a crime is unknown; (VII) The death of the person while under the jurisdiction of the probation department; (VIII) Concerning domestic violence cases, any conduct by the defendant 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, C.R.S. (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. Upon written request of a victim, 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, in advance of such release; (d) Any scheduled parole hearings regarding such person and any changes in the scheduling of such hearings; (e) Any escape 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; (1) Any decision by the parole board to release such person or any decision by the governor to commute the sentence of such person or pardon such person; (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; and (i) The transition of the person from a residential facility to a nonresidential setting. (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 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. Upon written request of the victim, 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 convicted of a crime against the \ ictim: (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 correcticnal facility or other program, in advance of such release; (d) Any scheduled parole hearings regarding such person and any changes in the scheduling of such hearings; (e) Any escape 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 ;ubsequent recapture of such person; (f) Any decision by the parole board to release such person or any decision by the governor to commute the sentence of such person or pardon such person; (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 such person while in custody or while under the jurisdiction of the state of Colorado concerning the crime; and (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. (14.3) Upon receipt of a written statement from the victim, the juvenile parole board shall notify the victim of the following information regarding any person who was charged with or convicted of an offense against the victim: (a) Any scheduled juvenile parole hearings pursuant to sections 19-2-1002 and 19-2-1004, C.R.S., regarding the person, and any changes in the scheduling of the hearings in advance of the hearing; (b) Any escape by the person while serving juvenile parole and any subsequent recapture of the person; (c) Any placement change that occurs during the period of parole that may impact the victim's safety or public safety as determined by the division of youth corrections; and (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 HIV testing that is ordered and performed pursuant to section 18-3-415, C.R.S., to any victim of a sexual offense in the case in which the testing was ordered. (14.5) (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. (b) At a proceeding specified in section 24-4.1-302.5 (1) (d) (VII), involving a subpoena for records of a victim, the court shall ascertain whether the victim received notice from the district attorney's office of the subpoena. After considering all evidence relevant to the subpoena, the court shall deny a request for a victim's records that are privileged pursuant to section 13-90-107, C.R.S., unless the court makes a finding supported by specific facts that a victim has expressly or impliedly waived the victim's statutory privilege specified in section 13-90-107, C.R.S. (14.7) (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 filed by sex offenders to cease sex offender registration pursuant to section 16-22-113 (2) (c), C.R.S. (15) (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 vict m'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. (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 :hat 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. 84: M i1 1 / )/ ) HISTORY: Source: L. Entire part added, p. 655, § 3, effective May l�.L. 87: �1� i.�, added, p. 922, § 1, effective July 1.L. 92: Entire section amended, p. 421, § 4, effective January 14, 1993.L. 94: IP(14) amended, p. 2693, § 229, effective July i.L. 95: (3) to (5), (10)(a)(I), (11)(a), (11)(b), IP(14), (14)(c), (14)(e), (14)(g), and (14)(h) amended and (14.5) added, p. 1404, § 6, effective July I.L. 97: (13.5) added, p. 1562, § 7, effective July 1.L. 2000: (2), (6), and IP(14) amended and (14.3) and (14.7) added, p. 241, § 6, effective March 291. 2001: (13.5) amended, p. 32, § 2, effective August 8.L. 2002: (13,5)(b) repealed, p. 123, § 1, effective August 7.L. 2006: (9)(f), (10)(b)(II), (11)(a), (11)(b), (11)(d), (13.5)(a)(III), (13.5)(a)(V), (13.5)(a)(VI), (13.5)(a)(VII), IP(14), (14.7), and (15) amended and (10)(b)(IV), (10)(b)(V), (13.5)(a)(VIII), and (14.2) added, pp. 646, 647, 648, § § 5, 6, 7, 8, 9, 10, effective July 1.L. 2007: IP(14.2) amended, p. 840, § 4, effective May 14.L. 2008: (11)(a.5) added, p. 327, § 3, effective April 7; (14.2)(g), (14.2)(h), and (14,3) amended and (14.2)(i) and (14.4) added, p. 1108, § § 14, 15, effective July 1.L. 2009: (1), (9)(a), and (17) amended, (SB 09-047), ch. 129, p. 557, § 6, effective July 1.L. 2011: (11)(e) and (11)(f) amended and (11)(g) added, (HB 11-1032), ch. 296, p. 1408, § 20, effective August 10.L. 2012: (9)(f), (9)(g), IP(10)(a), (10)(a)(V), (11)(f), (11)(g), (12)(e), (12)(f), (13.5)(a)(V), IP(14), (14)(g), (14)(h), (14.5), and (15) amended and (9)(h), (11)(h), (11)(i), (12)(f.5), (12)(h), (12)(i), (13.5)(a)(V.5), (14)(i), and (18) added, (HB 12-1053), ch. 244, p. 1154, § 3, effective August S.L. 2013: (11)(b.5) added, (HB 13- 1082), ch. 238, p. 1158, § 4, effective August 7; (11)(g) amended, (HB 13-1254), ch. 341, p. 1990, § 12, effective August 7.L. 2014: (11)(b.7) and (13.5)(a)(IX) added, (HB 14- 1148), ch. 95, p. 349, § 3, effective August 6. Cross references: For content of victim impact statements, see § 16-11-102 (1.5); for the right of victims to attend sentencing hearings and parole hearings, see § § 16-11-601 and 17-2-214; for the issuance of protection orders against defendants, see § 18-1-1001; for restitution to victims of crime, see article 28 of title 17. ANNOTATION Law reviews. For article, "1994 Legislature Strengthens Domestic Violence Protective Orders", see 23 Colo. Law. 2327 (1994). Subsection (4) makes it clear that the general assembly did not grant victims the right to appeal a district attorney's decision to dismiss the charges. People v. Herron, 874 P.2d 435 (Colo. App. 1993). 1 tu v %..w 'rri acd 0 1 \ U ct .� U U oo e v c.. ,�" W o v* � 3 4-A `°1cl) en o p E ii W, I-y Cn at I V M ita• �j ses �.� V cu ca cc C1 It 0 CO U 4. 4 0 ry,�t +``fib W V ,o Cl)y R. c u u w> O c O 0 ; ^ T T. 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