Consultation - cooperation

24-4-204. Consultation - cooperation. (1) Each state agency may consult with any federal or state military official or agency, state agency, or post-secondary educational institution to determine how best to implement this part 2. (2) Nothing in this part 2 gives a state agency authority to determine curriculum, programs, or courses offered at any post-secondary education institution. Source: L. 2016: Entire part added, (HB 16-1197), ch. 190, p. 676, � 2, effective August 10. ARTICLE 4.1 Crime Victim Compensation and Victim and Witness Rights Cross references: For restitution as a condition of probation, see � 18-1.3-205; for restitution to victims of crime generally, see article 28 of title 17; for the Colorado Victim and Witness Protection Act of 1984, see part 7 of article 8 of title 18; for restitution by delinquent children under the Colorado Children's Code, see � 19-2-918; for assistance to victims of and witnesses to crimes, see article 4.2 of this title. PART 1 CRIME VICTIM COMPENSATION ACT 24-4.1-100.1. Short title. This part 1 shall be known and may be cited as the Colorado Crime Victim Compensation Act. Source: L. 82: Entire section added, p. 364, � 1, effective March 22. L. 84: Entire section amended, p. 657, � 5, effective May 14. 24-4.1-101. Legislative declaration. The general assembly hereby finds that an effective criminal justice system requires the protection and assistance of victims of crime and members of the immediate families of such victims in order to preserve the individual dignity of victims and to encourage greater public cooperation in the apprehension and prosecution of criminal defendants. The general assembly hereby intends to provide protection and assistance to victims and members of the immediate families of such victims by declaring and implementing the rights of such persons and by lessening the financial burden placed upon victims due to the commission of crimes. This article shall be liberally construed to accomplish such purposes. Source: L. 81: Entire article added, p. 1135, � 5, effective July 1. L. 92: Entire section amended, p. 415, � 1, effective January 14, 1993. Cross references: For constitutional provisions relating to the rights of crime victims, see � 16a of article II, Colo. Const.; for statutory provisions relating to the rights of victims of and witnesses to crimes, see part 3 of this article. 24-4.1-102. Definitions. As used in this part 1, unless the context otherwise requires: (1) Applicant means any victim of a compensable crime who applies to the fund for compensation under this part 1. In the case of such a victim's death, the term includes any person who was the victim's dependent at the time of the death of that victim. (1.3) Assault by strangulation means assault as described in section 18-3-202 (1)(g) or 18-3-203 (1)(i). (2) Board means the crime victim compensation board in each judicial district. (3) Child means an unmarried person who is under eighteen years of age. The term includes a posthumous child, a stepchild, or an adopted child. (4) (a) Compensable crime means: (I) An intentional, knowing, reckless, or criminally negligent act of a person or any act in violation of section 42-4-1301 (1) or (2) that results in residential property damage to or injury or death of another person or results in loss of or damage to eyeglasses, dentures, hearing aids, or other prosthetic or medically necessary devices and which, if committed by a person of full legal capacity, is punishable as a crime in this state; or (II) An act in violation of section 42-4-1402, C.R.S., that results in the death or bodily injury of another person or section 42-4-1601, C.R.S., where the accident results in the death or bodily injury of another person. (b) Compensable crime includes, but is not limited to, any state offense that is a crime pursuant to section 24-4.1-302 (1) and any federal offense that is comparable to those specified in subsection (4)(a) of this section and is committed in this state. (5) (a) Dependent means relatives of a deceased victim who, wholly or partially, were dependent upon the victim's income at the time of death or would have been so dependent but for the victim's incapacity due to the injury from which the death resulted. (b) Dependent also means a child or intimate partner of the accused or other person in an intimate relationship, as defined in section 18-6-800.3, with the accused, if the accused provided household support to the dependent. (6) Economic loss means economic detriment consisting only of allowable expense, net income, replacement services loss, and, if injury causes death, dependent's economic loss. The term does not include noneconomic detriment. (7) Fund means the crime victim compensation fund as established in each judicial district. (7.5) Household support means the monetary support that a dependent would have received from the accused for the purpose of maintaining a home or residence and dependent care. (8) Injury means impairment of a person's physical or mental condition and includes pregnancy. (8.5) (a) Property damage means damage to windows, doors, locks, or other security devices of a residential dwelling and includes damage to a leased residential dwelling. (b) Property damage also includes expenses related to the rekeying of a motor vehicle or other locks necessary to ensure a victim's safety and may include expenses incurred for a motor vehicle that is determined by law enforcement to be where a compensable crime was committed. (9) Relative means a victim's intimate partner, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, or spouse's parents. The term includes said relationships that are created as a result of adoption. In addition, relative includes any person who has a family-type relationship with a victim. (9.5) Replacement services loss means expenses reasonably incurred in obtaining necessary services that an injured or deceased victim would otherwise have performed for the benefit of the victim's self or family, but not for income, if the victim had not been injured or died. (10) (a) Victim means any of the following persons who suffer property damage, economic loss, injury, or death as a result of a compensable crime perpetrated or attempted in whole or in part in this state: (I) Any person against whom a compensable crime is perpetrated or attempted. Such a person is a primary victim. (II) and (III) (Deleted by amendment, L. 2024.) (b) Victim also means a person who suffers injury or death, the proximate cause of which is a compensable crime perpetrated or attempted in the person's presence against a primary victim. Such a person is a secondary victim and also includes: (I) Any person who attempts to assist or assists a primary victim; or (II) Any person who is a relative of a primary victim. (c) Victim also means a person who is a resident of this state and who is a victim of a crime that occurred outside of this state, where the crime would be a compensable crime had it occurred in this state and where the state or country in which the crime occurred does not have a reasonably accessible crime victim compensation program for which the person would be eligible. (d) Victim also means a person who is a resident of this state who is injured or killed by an act of international terrorism, as defined in 18 U.S.C. sec. 2331, committed outside of the United States. Source: L. 81: Entire article added, p. 1135, � 5, effective July 1. L. 83: (4) and (10) amended and (8.5) added, pp. 669, 854, 1648, �� 16, 1, 19, effective July 1. L. 84: IP(1) and (1) amended, p. 657, � 6, effective May 14. L. 85: (1) and (6) amended, p. 792, � 1, effective April 11. L. 90: (10) amended, p. 1179, � 1, effective July 1. L. 94: (4) amended, p. 2555, � 50, effective January 1, 1995. L. 95: (8) to (10) amended, p. 1400, � 1, effective July 1. L. 97: (4) and (10)(c) amended and (10)(d) added, p. 1560, � 3, effective July 1. L. 98: (10)(d) amended, p. 517, � 1, effective April 30. L. 99: (10)(d) amended, p. 58, � 10, effective March 15. L. 2015: (4)(a)(II), (5), and (8.5) amended and (7.5) added, (HB 15-1035), ch. 60, p. 143, � 1, effective March 30. L. 2021: (1.3) added, (HB 21-1165), ch. 129, p. 520, � 2, effective May 10. L. 2024: (1), (4)(a)(I), (4)(b), (5)(b), (7.5), (8.5)(b), (9), (10)(a), (10)(b), and (10)(c) amended and (9.5) added, (SB 24-120), ch. 177, p. 958, � 1, effective May 15. Cross references: For the legislative declaration in HB 21-1165, see section 1 of chapter 129, Session Laws of Colorado 2021. 24-4.1-103. Crime victim compensation board - creation. (1) There is hereby created in each judicial district a crime victim compensation board. Each board is composed of three members to be appointed by the district attorney. The district attorney shall designate one of the members as chairperson. To the extent possible, members shall fairly reflect the population of the judicial district. (2) The term of office of each member of the board shall be three years; except that, of those members first appointed, one shall be appointed for a three-year term, one for a two-year term, and one for a one-year term. All vacancies, except through the expiration of term, shall be filled for the unexpired term only. Each member may be reappointed once and serve two consecutive terms. A person may be reappointed to the board thereafter if it has been at least one year since such person served on the board. (3) Members of the board shall receive no compensation but are entitled to be reimbursed for travel expenses at the rate authorized for state employees. (4) (a) Effective November 1, 2024, a crime victim compensation board for the twenty-third judicial district is created. The district attorney for the eighteenth judicial district shall appoint the initial board of three members, each of whom must be residents of Douglas, Elbert, or Lincoln counties. The district attorney for the eighteenth judicial district shall designate one of the members as the initial chair. After January 7, 2025, the district attorney for the twenty-third judicial district shall appoint board members for that judicial district, including any vacancies. To the extent possible, members must fairly reflect the population of the twenty-third judicial district. (b) For the initial board, the term of office of each member of the twenty-third judicial district board is fourteen months. Thereafter, the term is three years; except that, of those members first appointed by the twenty-third judicial district attorney, the district attorney shall appoint one for a three-year term, one for a two-year term, and one for a one-year term. All other terms and vacancies must be consistent with subsection (2) of this section. (c) The crime victim compensation board for the twenty-third judicial district shall begin awarding compensation to victims of crimes on or after January 7, 2025. Source: L. 81: Entire article added, p. 1136, � 5, effective July 1. L. 90: (2) amended, p. 1179, � 2, effective July 1. L. 2024: (4) added, (HB 24-1013), ch. 43, p. 153, � 1, effective April 4; (1) amended, (SB 24-120), ch. 177, p. 960, � 2, effective May 15. 24-4.1-104. District attorney to assist board. (1) The district attorney and the district attorney's legal and administrative staff shall assist the board in the performance of its duties pursuant to this part 1. (2) Repealed. Source: L. 81: Entire article added, p. 1137, � 5, effective July 1. L. 84: Entire section amended, p. 657, � 7, effective May 14. L. 2024: Entire section amended, (HB 24-1013), ch. 43, p. 154, � 2, effective April 4; entire section amended, (SB 24-120), ch. 177, p. 960, � 3, effective May 15. Editor's note: (1) Amendments to this section by HB 24-1013 and SB 24-120 were harmonized. (2) Subsection (2)(b) provided for the repeal of subsection (2), effective July 1, 2025. (See L. 2024, pp. 154, 960.) 24-4.1-105. Application for compensation. (1) A person who may be eligible for compensation under this part 1 may apply to the board in the judicial district in which the crime was committed. In a case in which the person entitled to apply is a minor, the application may be made on the minor's behalf by the minor's parent or guardian. In a case in which the person entitled to apply is mentally incompetent, the application may be made on the person's behalf by the person's parent, conservator, or guardian or by any other individual authorized to administer the person's estate. (2) (a) In order to be eligible for compensation under this part 1, the applicant shall submit reports, if reasonably available, from any physician who has treated or examined the victim at the time of or subsequent to the victim's injury or death. The report shall be in relation to the injury for which compensation is claimed. If, in the opinion of the board, reports on the previous medical history of the victim, a report on the examination of the injured victim, or the report on the cause of death of the victim by a medical expert would be of material aid to its determination, the board may order the reports. (b) In order to be eligible for compensation for property damage under this part 1, the applicant shall submit a report or case number, if reasonably available, from a law enforcement agency which shall set forth the nature of the property damage which is the result of a compensable crime. (3) If the applicant makes any false statement as to a material fact, the applicant is ineligible for approval pursuant to this part 1. Source: L. 81: Entire article added, p. 1137, � 5, effective July 1. L. 83: (2) amended, p. 669, � 17, effective July 1. L. 84: Entire section amended, p. 657, � 8, effective May 14. L. 2024: (1) and (3) amended, (SB 24-120), ch. 177, p. 960, � 4, effective May 15. 24-4.1-106. Hearings. (1) The board, in its discretion, may conduct a hearing upon any application submitted to it. All hearings conducted by the board and appeals therefrom shall be held pursuant to sections 24-4-105 and 24-4-106. (2) The burden of proof is upon the applicant to show that the claim is reasonable and is compensable under the terms of this part 1. The standard of proof is by a preponderance of the evidence. (3) If a person has been convicted of an offense with respect to an act on which a claim is based, proof of that conviction shall be taken as conclusive evidence that the offense has been committed, unless an appeal or a proceeding with regard to it is pending. The fact that the identity of the assailant is unknown or that the assailant has not been prosecuted or convicted shall not raise a presumption that the claim is invalid. (4) Orders and decisions of the board are final. (5) Review of an order or decision of the board may be made in accordance with the Colorado rules of civil procedure. Source: L. 81: Entire article added, p. 1137, � 5, effective July 1. L. 84: Entire section amended, p. 658, � 9, effective May 14. 24-4.1-107. Regulations. In the performance of its functions, the board, pursuant to article 4 of this title, is authorized to make, rescind, and amend regulations prescribing the procedures to be followed in the filing of applications and in proceedings under this part 1. Source: L. 81: Entire article added, p. 1137, � 5, effective July 1. L. 84: Entire section amended, p. 658, � 10, effective May 14. 24-4.1-107.5. Confidentiality of materials - definitions. (1) For purposes of this section, unless the context otherwise requires: (a) In camera review means the judge views the material in private, without either party present. (b) Materials means any records, claims, writings, documents, or information. (2) Any materials received, made, or kept by a board or a district attorney to process a claim on behalf of a crime victim under this article are confidential. The district attorney shall have standing in any action to oppose the disclosure of any such materials. A board shall not provide through discovery in any civil or criminal action any exhibits, medical records, psychological records, counseling records, work records, criminal investigation records, criminal court case records, witness statements, telephone records, and other records of any type or nature whatsoever gathered for the purpose of evaluating whether to compensate a victim except: (a) In the event of the review by the court of an order or decision of the board pursuant to section 24-4.1-106, and then only to the extent narrowly and necessary to obtain court review; or (b) Upon a strict showing to the court in a separate civil or a criminal action that particular information or documents are known to exist only in board records. The court may inspect in camera such records to determine whether the specific requested information exists. If the court determines that the specific information sought exists in the board's records, the documents may then be released only by court order if the court finds as part of its order that the documents will not pose any threat to the safety or welfare of the victim or any other person whose identity may appear in the board's records, or violate any other privilege or confidentiality right. (3) In a proceeding for determining the amount of restitution, if the defendant's request is not speculative and is based on an evidentiary hypothesis that warrants an in camera review to rebut the presumption established in section 18-1.3-603, C.R.S., the court may release additional information contained in the records of the board only after an in camera review and additionally finding that the information: (a) Is necessary for the defendant to dispute the amount claimed for restitution; and (b) Will not pose any threat to the safety or welfare of the victim, or any other person whose identity may appear in the board's records, or violate any other privilege or confidentiality right. Source: L. 2000: Entire section added, p. 242, � 7, effective March 29. L. 2015: Entire section amended, (HB 15-1035), ch. 60, p. 144, � 2, effective March 30. 24-4.1-108. Approving compensation. (1) A person is entitled to approval of compensation under this part 1 if: (a) The person is a victim or a dependent of a victim or a successor in interest under the Colorado Probate Code of a victim of a compensable crime which was perpetrated on or after July 1, 1982, and which resulted in a loss; (b) The appropriate law enforcement officials were notified of the perpetration of the crime allegedly causing the death of or injury to the victim. The requirement to notify the appropriate law enforcement officials required by this subsection (1)(b) is satisfied if, as the result of the compensable crime that the application is being submitted for, the victim or applicant provides documentation that a forensic examination was conducted by a licensed or registered nurse or medical provider. (c) The applicant has cooperated reasonably with law enforcement officials in the apprehension and prosecution of the assailant, or the board has found good cause exists for the failure to cooperate, or, if the applicant is a victim of assault by strangulation, the applicant cooperates with law enforcement by undergoing a medical forensic examination; (d) Repealed. (e) The death of or injury to the victim was not substantially attributable to the victim's wrongful act or substantial provocation of the victim's assailant; and (f) The application for approval of compensation under this part 1 is filed with the board. (1.5) A person is entitled to approval of compensation for property damage under this part 1 if: (a) The person is a victim of a compensable crime which was perpetrated on or after July 1, 1983, and which resulted in property damage; (b) The appropriate law enforcement officials were notified of the perpetration of the crime causing property damage within seventy-two hours after its perpetration, unless the board finds good cause exists for the failure of notification; (c) The applicant has cooperated reasonably with law enforcement officials in the apprehension and prosecution of the assailant or the board has found that good cause exists for the failure to cooperate; and (d) The application for approval of compensation for property damage under this part 1 is filed with the board within six months of the date of property damage or within such further extension of time as the board, for good cause shown, allows. (2) The board may waive any of the requirements set forth in this section, or the limitations set forth in section 24-4.1-109 (1), or order a denial or reduction of an award if, in the interest of justice, it is so required. (3) Upon a finding by the board that compensation should be approved, the board shall submit a payment request to the court executive, who shall remit payment in accordance with the payment request. (4) Consistent with approved standards established pursuant to section 24-4.1-117.3 (3) for the administration of crime victim compensation funds, the board may develop policies to ensure that victims are compensated and to ensure that available money in the fund is not exceeded. Source: L. 81: Entire article added, p. 1138, � 5, effective July 1. L. 83: (2)(a) and (1)(f) amended and (1.5) added, pp. 668, 669, 854, �� 14, 18, 2, effective July 1. L. 84: IP(1), (1)(f), IP(1.5), and (1.5)(d) amended, pp. 658, 1120, �� 11, 20, effective May 14. L. 85: (2) amended, p. 792, � 2, effective April 11. L. 89: (1)(d) repealed, p. 1016, � 3, effective April 23. L. 95: (4) added, p. 1401, � 2, effective July 1. L. 2009: (4) amended, (SB 09-047), ch. 129, p. 556, � 4, effective July 1. L. 2012: (1)(f) amended, (HB 12-1053), ch. 244, p. 1158, � 4, effective August 8. L. 2021: (1)(c) amended, (HB 21-1165), ch. 129, p. 520, � 3, effective May 10. L. 2024: IP(1), (1)(b), (1)(c), (1)(e), (1)(f), IP(1.5), (1.5)(c), (1.5)(d), (3), and (4) amended, (SB 24-120), ch. 177, p. 960, � 5, effective May 15. Cross references: (1) For the Colorado Probate Code, see articles 10 to 17 of title 15. (2) For the legislative declaration in HB 21-1165, see section 1 of chapter 129, Session Laws of Colorado 2021. 24-4.1-109. Losses compensable. (1) Losses compensable under this part 1 resulting from death of or injury to a victim include: (a) Reasonable medical and hospital expenses and expenses incurred for dentures, eyeglasses, hearing aids, or other prosthetic or medically necessary devices; (b) Loss of earnings; (c) and (d) Repealed. (d.5) Replacement services losses; (e) Funeral and burial expenses; (f) Loss of support to dependents; (g) Mental health counseling; (h) Household support; except that household support is only available to a dependent when: (I) The offender is accused of committing the criminally injurious conduct that is the basis of the dependent's claim under this article; (II) As a result of the criminal event, the offender vacated any home the offender shared with the dependent; and (III) The dependent provides verification of dependency on the offender at the time of the criminal event. (i) Reasonable travel expenses for a victim related to funeral, burial, medical care, or mental health counseling; (j) Reasonable travel expenses for a victim related to attending critical events pursuant to section 24-4.1-302 (2), except when the primary or secondary victim is subpoenaed to testify; (k) Dependent care services; and (l) Reasonable relocation expenses for a victim to relocate as necessary to ensure the victim's safety. (1.5) (a) Losses compensable under this part 1 resulting from property damage include: (I) (A) Repair or replacement of residential property damaged as a result of a compensable crime; or (B) Payment of the deductible amount on a residential or motor vehicle insurance policy; (II) Any modification to the victim's residence that is necessary to ensure victim safety; (III) The rekeying of a motor vehicle or other lock that is necessary to ensure the victim's safety; (IV) Towing or impound fees for a motor vehicle that law enforcement determines to be where a compensable crime was committed; and (V) Repair or replacement of dentures, eyeglasses, hearing aids, or other prosthetic or medically necessary devices damaged or stolen as a result of a compensable crime. (b) (Deleted by amendment, L. 98, p. 517, �2, effective April 30, 1998.) (2) Compensable losses do not include: (a) Pain and suffering or property damage expenses other than those specified in subsection (1.5)(a) of this section; (b) Aggregate damages to the victim or to the dependents of a victim exceeding thirty thousand dollars; or (c) Repealed. (d) Motor vehicle expenses other than those specified in subsections (1.5)(a)(I)(B) and (1.5)(a)(III) of this section. Source: L. 81: Entire article added, p. 1138, � 5, effective July 1. L. 83: (2)(a) and (2)(b) amended and (1.5) added, pp. 670, 854, �� 19, 3, effective July 1. L. 84: Entire section amended, p. 659, � 12, effective May 14. L. 85: (1)(g) added, p. 792, � 3, effective June 6. L. 89: (1.5)(a)(II) amended, p. 1016, � 1, effective April 23. L. 93: (2) amended, p. 2051, � 1, effective June 9. L. 98: (1.5) and (2)(b) amended, p. 517, � 2, effective April 30. L. 2015: (1)(h) and (1.5)(a)(III) added, (1.5)(a)(I)(B), (1.5)(a)(II), (2)(a), and (2)(b) amended, and (2)(c) repealed, (HB 15-1035), ch. 60, p. 145, � 3, effective March 30. L. 2024: (1)(c) and (1)(d) repealed, (1)(d.5), (1)(i), (1)(j), (1)(k), (1)(l), and (2)(d) added, and (1)(e), (1.5)(a), (2)(a), and (2)(b) amended, (SB 24-120), ch.177, p. 961, � 6, effective May 15. 24-4.1-110. Recovery from collateral source. (1) The board may deduct from compensation it approves under this part 1 any payments received by the applicant from the offender or from a person on behalf of the offender, from the United States or any state, or any subdivision or agency thereof, from a private source, or from an emergency approval under this part 1 for injury or death compensable under this part 1, excluding death or pension benefits. (2) If compensation is approved under this part 1 and the person receiving it also receives a collateral sum under subsection (1) of this section which has not been deducted from it, the person shall refund to the board the lesser of the sums or the amount of compensation paid to the person under this part 1 unless the aggregate of both sums does not exceed the person's losses. The fund is the payer of last resort. (3) If a defendant is ordered to pay restitution under article 18.5 of title 16 to a person who has received compensation awarded under this part 1, an amount equal to the compensation approved must be transmitted from such restitution to the board for allocation to the fund. Source: L. 81: Entire article added, p. 1139, � 5, effective July 1. L. 83: Entire section amended, p. 670, � 20, effective July 1. L. 84: (1)(b) amended, p. 659, � 13, effective May 14. L. 98: (3) amended, p. 823, � 33, effective August 5. L. 2000: (3) amended, p. 1051, � 20, effective September 1. L. 2006: (2) amended, p. 422, � 5, effective April 13. L. 2024: Entire section amended, (SB 24-120), ch. 177, p. 962, � 7, effective May 15. 24-4.1-111. Compensation to relatives. (1) A relative of a victim, even though the relative was not a dependent of the victim, is eligible for compensation for reasonable medical, funeral, or burial expenses for the victim, if: (a) Such expenses were paid by the relative; and (b) The relative files a claim in the manner provided in this part 1. Source: L. 81: Entire article added, p. 1139, � 5, effective July 1. L. 84: (1)(b) amended, p. 659, � 14, effective May 14. L. 2024: Entire section amended, (SB 24-120), ch. 177, p. 963, � 8, effective May 15. 24-4.1-112. Emergency approvals. (1) The board may order an emergency approval to the applicant pending a final decision in the claim if it appears to the board, prior to taking action upon the claim, that undue hardship will result to the applicant if immediate payment is not made. Approvals pursuant to this section are intended to cover expenses incurred by crime victims in meeting their immediate short-term needs. The amount of an approval pursuant to this section must not exceed the amount set forth in the board's policies regarding emergency approvals and must be deducted from any final approval made as a result of the claim. (2) If the amount of an emergency approval exceeds the sum the board would have approved pursuant to this part 1, such excess must be repaid by the recipient. Source: L. 81: Entire article added, p. 1139, � 5, effective July 1. L. 84: (2) amended, p. 659, � 15, effective May 14. L. 98: (1) amended, p. 518, � 3, effective April 30. L. 2015: (1) amended, (HB 15-1035), ch. 60, p. 146, � 4, effective March 30. L. 2024: Entire section amended, (SB 24-120), ch. 177, p. 963, � 9, effective May 15. 24-4.1-113. Fees. No fee may be charged to the applicant by the board in any proceeding under this article. Source: L. 81: Entire article added, p. 1139, � 5, effective July 1. 24-4.1-114. Assignment, attachment, or garnishment of approved compensation. No compensation payable under this article 4.1, prior to actual receipt thereof by the person or beneficiary entitled thereto or the person's or beneficiary's legal representative, is assignable or subject to execution, garnishment, attachment, or any other process, including process to satisfy an order or judgment for support or alimony. Source: L. 81: Entire article added, p. 1139, � 5, effective July 1. L. 2024: Entire section amended, (SB 24-120), ch. 177, p. 963, � 10, effective May 15. 24-4.1-114.5. Limitations on characterization of payment as income. No compensation payable to an applicant under this part 1 is included in the applicant's income for purposes of the Colorado income tax imposed in article 22 of title 39, nor is it considered as income, property, or support for the purposes of determining the eligibility of the applicant for public assistance or the amount of assistance payments pursuant to section 26-2-108. Source: L. 83: Entire section added, p. 856, � 1, effective July 1. L. 84: Entire section amended, p. 659, � 16, effective May 14. L. 87: Entire section amended, p. 1452, � 28, effective June 22. L. 2024: Entire section amended, (SB 24-120), ch.177, p. 964, � 11, effective May 15. 24-4.1-115. Survival of rights. The rights to compensation created by this part 1 are personal and shall not survive the death of the person or beneficiary entitled to them; except that, if death occurs after an application for compensation has been filed with the board, the proceeding shall not abate but may be continued by the legal representative of the decedent's estate. Source: L. 81: Entire article added, p. 1139, � 5, effective July 1. L. 84: Entire section amended, p. 660, � 17, effective May 14. 24-4.1-116. Subrogation. The acceptance of approved compensation made pursuant to this part 1 subrogates the state, to the extent of the approved amount, to any right or right of action accruing to the applicant. Source: L. 81: Entire article added, p. 1139, � 5, effective July 1. L. 84: Entire section amended, p. 660, � 18, effective May 14. L. 2024: Entire section amended, (SB 24-120), ch.177, p. 964, � 12, effective May 15. 24-4.1-116.5. Collection actions against crime victims - suspension. (1) A medical service provider or medical service provider billing agent shall suspend all debt collection actions against the claimant for a compensable loss under section 24-4.1-109 related to the substance of the claim pending a resolution of the claim by the board for a period of ninety days to allow an opportunity for the board to resolve the claim, if, within one hundred eighty days after date of services rendered as part of the criminal episode, the claimant files an application for a claim with the board pursuant to section 24-4.1-105 and: (a) Provides written notice to the medical service provider or its billing agent that a claim has been submitted to the board, including a crime victim compensation claim number; and (b) Authorizes the medical service provider or its billing agent to confirm with the board the claimant's claim status and date of resolution as it relates to the medical provider's specific debt. (2) The provisions of this section apply only to the claimant and not to a collateral source on the claimant's behalf. (3) The provisions of subsection (1) of this section: (a) Do not require the deletion of the debt on the claimant's credit report if the debt had already been reported to one or more credit bureaus prior to notice of the victim compensation claim being received by the medical service provider or its billing agent. (b) Do not apply to any debt where a lawsuit has been commenced against the claimant for the collection of the debt prior to notice of the victim compensation claim being received by the medical service provider or its billing agent. Source: L. 2015: Entire section added, (HB 15-1035), ch. 60, p. 146, � 5, effective March 30. 24-4.1-117. Fund created - control of fund. (1) The crime victim compensation fund is hereby established in the office of the court executive of each judicial district for the benefit of eligible applicants under this part 1. (1.3) The crime victim compensation fund for the twenty-third judicial district is established in the office of the court administrator for Douglas, Elbert, and Lincoln counties. The fund consists of any money due the twenty-third judicial district pursuant to subsection (2) of this section on and after January 7, 2025. The judicial department shall coordinate with the crime victim compensation board for the eighteenth judicial district to credit money paid as costs or surcharges levied on criminal actions in Douglas, Elbert, and Lincoln counties on and after April 1, 2024, to the fund for use by the twenty-third judicial district, from the money collected pursuant to subsection (2) of this section on or after April 1, 2024, in Douglas, Elbert, and Lincoln counties. (1.5) Repealed. (2) The fund consists of all money paid as a cost or surcharge levied on criminal actions, as provided in section 24-4.1-119; any federal money available to state or local governments for victim compensation; all money received from any action or suit to recover damages from an assailant for a compensable crime which was the basis for approval of, and limited to, compensation received under this part 1; any restitution paid by an assailant to a victim for damages for a compensable crime which was the basis for approval of compensation received under this part 1 and for damages for which the victim has received approval of, and limited to, compensation received under this part 1; money transferred from the marijuana tax cash fund pursuant to section 39-28.8-501 (4.9)(b); and any other money that the general assembly may appropriate or transfer to the fund. (3) All money deposited in the fund is deposited in an interest-bearing account, which must be no less secure than those used by the state treasurer, and which must yield the highest interest possible. All interest earned by money in the fund is credited to the fund. (4) At the conclusion of each fiscal year, all money remaining in the fund remains in the fund. (5) All money deposited in the fund must be used solely for the compensation of victims pursuant to this part 1; except that the district attorney and the court executive may use an aggregate of no more than twenty-two and one-half percent of the total amount of money in the crime victim compensation fund for administrative costs incurred pursuant to this part 1. The district attorney may use no more than twenty percent of the total amount of money in the fund for administrative costs. The court executive may use no more than two and one-half percent of the total amount of money in the fund for administrative costs. (6) Grants of federal money that is accepted pursuant to this part 1 for the purpose of assisting crime victims shall not be used to supplant state funds available to assist crime victims. Source: L. 81: Entire article added, p. 1139, � 5, effective July 1. L. 84: (1), (2), and (5) amended, p. 660, � 19, effective May 14. L. 85: (6) added, p. 793, � 4, effective April 11. L. 89: (5) amended, p. 1016, � 2, effective April 23. L. 98: (5) amended, p. 518, � 4, effective April 30. L. 2007: (2) amended, p. 1112, � 2, effective July 1. L. 2021: (1.5) repealed and (2) amended, (HB 21-1315), ch. 461, pp. 3114, 3120, �� 21, 33, effective July 6. L. 2024: (1.3) added, (HB 24-1013), ch. 43, p. 154, � 3, effective April 4; entire section amended, (SB 24-120), ch. 177, p. 964, � 13, effective May 15. Editor's note: Amendments to this section by HB 24-1013 and SB 24-120 were harmonized. Cross references: For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021. 24-4.1-117.3. Crime victim services advisory board - creation - duties. (1) There is created in the division of criminal justice in the department of public safety the crime victim services advisory board, referred to in this section as the advisory board. The advisory board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division of criminal justice in the department of public safety and the executive director of the department of public safety, referred to in this section as the executive director. (2) (a) The advisory board consists of at least seventeen members appointed by the executive director, including but not limited to: (I) A judge; (II) An elected district attorney, the assistant district attorney, or a chief deputy district attorney; (III) A member of a crime victim compensation board created in section 24-4.1-103; (IV) A member of a local victims and witnesses assistance and law enforcement board created in section 24-4.2-101; (V) An administrator of crime victim compensation from a district attorney's office; (VI) An administrator of victims and witnesses assistance from a district attorney's office; (VII) A representative of a statewide victims' organization; (VIII) A court executive or judicial district representative; (IX) A representative of a domestic violence program; (X) A representative of a sexual assault program; (XI) A sheriff or sheriff's representative; (XII) A police chief or police representative; (XIII) A deputy district attorney; (XIV) A victim of a crime of violence; and (XV) Three members of the community at large. (b) The executive director may consider geographic diversity when making appointments to the advisory board. (c) The term of office for each member of the advisory board is three years. A member shall not serve more than three consecutive three-year terms. A member of the advisory board on May 19, 2022, who has served more than three consecutive terms may serve the remainder of the member's current term, but shall not serve a consecutive subsequent term. (d) Members of the advisory board shall serve at the pleasure of the executive director or until the member no longer serves in the position for which he or she was appointed to the advisory board, at which time a vacancy shall be deemed to exist on the advisory board. If a vacancy arises on the advisory board, the executive director shall appoint an appropriate person to serve for the remainder of the unexpired term. (e) The executive director may reappoint a person to serve subsequent terms on the advisory board, but the executive director shall not appoint a person to serve more than three consecutive terms. The executive director shall annually appoint a chairperson of the advisory board who shall preside over the advisory board's meetings. (f) Members of the advisory board shall serve without compensation but may be reimbursed for actual travel expenses incurred in the performance of their duties. (3) The advisory board's powers and duties include, but are not limited to, the following: (a) To develop and revise, when necessary, standards for the administration of the crime victim compensation fund established in section 24-4.1-117 in each judicial district and the victims and witnesses assistance and law enforcement fund established in section 24-4.2-103 in each judicial district, and to develop, revise when necessary, and impose sanctions for violating these standards; (a.5) Repealed. (b) To review, pursuant to section 24-4.1-303 (17), any reports of noncompliance with this article; (c) To distribute profits from crime pursuant to section 24-4.1-201; (d) To advise and make recommendations to the division of criminal justice in the department of public safety concerning the award of grants pursuant to sections 24-33.5-506 and 24-33.5-507; and (e) To establish subcommittees of the advisory board from within the membership of the advisory board, which subcommittees shall include, but need not be limited to: (I) A standards subcommittee that shall make recommendations to the advisory board concerning the development and revision, when necessary, of standards and sanctions for the violation of standards to assist the advisory board in implementing paragraph (a) of this subsection (3); and (II) A victim rights subcommittee that shall review, pursuant to section 24-4.1-303 (17), any reports of noncompliance with this article to assist the advisory board in implementing paragraph (b) of this subsection (3); (f) To review any reports of noncompliance with section 13-10-104.5. (4) The advisory board shall not release to the public any records submitted to or generated by the advisory board or a subcommittee of the advisory board for the purposes of the advisory board's or the subcommittee's review, pursuant to paragraph (b) of subsection (3) of this section, of a report of noncompliance with this article until the report of noncompliance has been reviewed and resolved by the advisory board. The advisory board shall redact all victim-identifying information from any document released to the public. Source: L. 2009: Entire section added, (SB 09-047), ch. 129, p. 553, � 1, effective July 1. L. 2022: (2)(c) and (2)(e) amended, (SB22-183), ch.194, p. 1304, � 9, effective May 19; (1) amended, (SB 22-162), ch. 469, p. 3426, � 208, effective August 10. L. 2023: IP(3) amended and (3)(f) added, (HB 23-1222), ch. 267, p. 1587, � 3, effective January 1, 2024. L. 2024: (3)(a.5) added, (HB 24-1013), ch. 43, p. 154, � 4, effective April 4; IP(2)(a) and (2)(a)(VIII) amended, (SB 24-120), ch. 177, p. 965, � 14, effective May 15. Editor's note: Subsection (3)(a.5)(II) provided for the repeal of subsection (3)(a.5), effective July 1, 2025. (See L. 2024, p. 154.) Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022. 24-4.1-117.5. Standards for administration of funds - sanctions. (Repealed) Source: L. 90: Entire section added, p. 1180, � 3, effective July 1. L. 93: Entire section amended, p. 2051, � 2, effective June 9. L. 95: (2)(b)(I) amended, p. 1401, � 3, effective July 1. L. 2009: Entire section repealed, (SB 09-047), ch. 129, p. 558, � 10, effective July 1. 24-4.1-117.7. State crime victims compensation program - creation - appropriation. There is created in the division of criminal justice in the department of public safety the state victim compensation program. The general assembly shall appropriate money from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, to the division of criminal justice in the department of public safety to be used for the compensation of victims pursuant to this part 1 that also conforms with the allowable purposes set forth in the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended. The division of criminal justice in the department of public safety shall distribute the money appropriated pursuant to this section based on need. Source: L. 2021: Entire section added, (SB 21-292), ch. 291, p. 1721, � 4, effective June 22. Cross references: For the legislative declaration in SB 21-292, see section 1 of chapter 291, Session Laws of Colorado 2021. 24-4.1-118. Court executive custodian of fund - disbursements. (1) The court executive of each judicial district is the custodian of the fund, and the court executive shall pay all disbursements from the fund upon written authorization of the board or the court. (2) Repealed. Source: L. 81: Entire article added, p. 1140, � 5, effective July 1. L. 2024: Entire section amended, (HB 24-1013), ch. 43, p. 154, � 5, effective April 4; entire section amended, (SB 24-120), ch. 177, p. 965, � 15, effective May 15. Editor's note: (1) House Bill 24-1013 was harmonized in part with and superseded in part by Senate Bill 24-120. (2) Subsection (2)(b) provided for the repeal of subsection (2), effective July 1, 2025. (See L. 2024, pp. 154, 965.) 24-4.1-119. Costs and surcharges levied on criminal actions and traffic offenses. (1) (a) Except as provided in subsection (1)(c) of this section, a cost of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic offenses is levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided for in section 18-1.3-102, which criminal action is charged pursuant to state statute. The defendant shall pay these costs to the clerk of the court. Each clerk shall transmit the costs received to the court executive of the judicial district in which the offense occurred for credit to the crime victim compensation fund established in that judicial district. (b) The costs required by subsection (1)(a) of this section shall not be levied on criminal actions which are charged pursuant to the penalty assessment provisions of section 42-4-1701 or to any violations of articles 1 to 15 of title 33. (c) A cost of thirty-three dollars is levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided for in section 18-1.3-102 of a violation of section 42-4-1301 (1) or (2). The defendant shall pay this cost to the clerk of the court, who shall transmit the costs received to the court executive of the judicial district in which the offense occurred for credit to the crime victim compensation fund established in that judicial district. (d) and (e) Repealed. (f) (I) A surcharge is levied against each penalty assessment imposed for a violation of a class A or class B traffic infraction or class 1 or class 2 misdemeanor traffic offense pursuant to section 42-4-1701. The amount of the surcharge is one half of the amount specified in the penalty and surcharge schedule in section 42-4-1701 (4) or, if no surcharge amount is specified, the surcharge is calculated as thirty-seven percent of the penalty imposed. All money collected by the department of revenue pursuant to this subsection (1)(f) must be transmitted to the court executive of the judicial district in which the infraction occurred for credit to the crime victim compensation fund established in that judicial district in accordance with the requirements set forth in section 42-1-217. (II) All calculated surcharge amounts pursuant to this subsection (1)(f) resulting in dollars and cents must be rounded down to the nearest whole dollar. (III) The surcharges levied pursuant to this subsection (1)(f) are separate and distinct from surcharges levied pursuant to section 24-4.2-104 for the victims and witnesses assistance and law enforcement fund. (g) (I) A surcharge of eight dollars is levied against each penalty imposed for violation of a civil infraction pursuant to section 16-2.3-101. The clerk of the court shall transmit all money collected to the court executive of the judicial department in which the offense occurred for credit to the crime victim co