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.
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 […]
As used in this part 1, unless the context otherwise requires: “Applicant” means any victim of a compensable crime who applies to the fund for compensation under this part 1. In the case of such victim’s death, the term includes any person who was his dependent at the time of the death of that victim. […]
There is hereby created in each judicial district a crime victim compensation board. Each board shall be composed of three members to be appointed by the district attorney. The district attorney shall designate one of the members as chairman. To the extent possible, members shall fairly reflect the population of the judicial district. The term […]
The district attorney and his legal and administrative staff shall assist the board in the performance of its duties pursuant to this part 1. Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 84: Entire section amended, p. 657, § 7, effective May 14.
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 his behalf by his parent or guardian. In a […]
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. The burden of proof is upon the applicant to show that the claim is reasonable and is compensable under the terms of […]
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. […]
For purposes of this section, unless the context otherwise requires: “In camera review” means the judge views the material in private, without either party present. “Materials” means any records, claims, writings, documents, or information. Any materials received, made, or kept by a board or a district attorney to process a claim on behalf of a […]
A person is entitled to an award of compensation under this part 1 if: 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 […]
L osses compensable under this part 1 resulting from death of or injury to a victim include: Reasonable medical and hospital expenses and expenses incurred for dentures, eyeglasses, hearing aids, or other prosthetic or medically necessary devices; L oss of earnings; Outpatient care; Homemaker and home health services; Burial expenses; Loss of support to dependents; […]
The board shall deduct from compensation it awards 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 award under this part […]
A relative of a victim, even though he was not a dependent of the victim, is eligible for compensation for reasonable medical or burial expenses for the victim, if: Such expenses were paid by him; and He files a claim in the manner provided in this part 1. Source: L. 81: Entire article added, p. […]
The board may order an emergency award 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. Awards pursuant to this section are intended to cover expenses incurred […]
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.
No compensation payable under this article, prior to actual receipt thereof by the person or beneficiary entitled thereto or his legal representative, shall be 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, […]
No compensation payable to an applicant under this part 1 shall be included in the applicant’s income for purposes of the Colorado income tax imposed in article 22 of title 39, C.R.S.; nor shall it be considered as income, property, or support for the purposes of determining the eligibility of the applicant for public assistance […]
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 acceptance of an award made pursuant to this part 1 shall subrogate the state, to the extent of such award, 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 […]
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 […]
