Crime Victim Rights & Information

Introduction

The University of Colorado Boulder Police Department (CUPD) is sorry to learn you have been a victim of a crime. As a crime victim, you may have experienced injury, loss, stress, confusion, and a disruption of your life, and we would like to offer our help with any problems you’re experiencing as a result of this crime. Having information and an understanding about the criminal justice system may be helpful to you at this time.

This information has been prepared to assist you in understanding your rights and to help you exercise those rights.

Crime victims are such an important part of the criminal justice system process that Colorado voters amended the state Constitution to include Victim Rights in 1992. The Victim Rights Amendment states:

Any person who is a victim of a criminal act or such person’s designee, legal guardian, or surviving immediate family members if such person is deceased, shall have the right to be heard when relevant, informed and present at all critical stages of the criminal justice process. All terminology, including the term “critical stages” shall be defined by the general assembly (Article II, Section 16A Colorado State Constitution).

What Happens Next?

It is Law Enforcement’s responsibility to investigate your case to determine if there is enough evidence and/or leads to investigate. If the investigation is continued, you will be notified in person, by phone or letter. If you have questions about your case during the investigation, call the University of Colorado Boulder Police Department at (303) 492-6666 and ask to speak to the investigating officer for your case.

Throughout the investigation, the detectives will keep you informed of what is happening in your case. If an arrest is made, you will be notified.

If it determined a crime was committed and a suspect is arrested and charged, your case will be referred to the District Attorney (DA). The DA will review your case and decide whether or not to prosecute the suspect. Your input regarding your case once suspect has been arrested and the case has gone to the DA can be directed to the Victim/Witness Unit at (303) 441-3700.

If you are contacted by anyone from the Defendant’s legal team, it is your choice whether or not to speak with them. You have the right to know their name and whether they are a member of the Defendant’s legal team.

Clery Timely Warning

Notices are specifically related to compliance with the federal Clery Act, which requires colleges and universities to notify students and employees whenever there is a threat that a serious crime is ongoing or may be repeated--so that campus community members can protect themselves from harm. In your case, we may be required to notify the public of the crime, however, we will do our best to keep your identifying information private.

Rights of Victims & Witnesses

Victims and witnesses of the crimes listed have a right to:

Be treated with fairness, respect and dignity, and to be free from intimidation, harassment or abuse
Be informed about what steps can be taken for protection against intimidation and harm.
To have your social security number excluded or redacted from a criminal justice document or record created or compiled as a result of a criminal investigation when the documents or records is released to anyone other than the victim, the defense attorney of record, the defense attorney’s agent, or a criminal justice agency.
Be kept informed about various phases of their case, including release of the suspect on bond, investigation, filing of charges, prosecution, trial, and sentencing.
Be present and provide information and input (written, in person, or by phone if unavailable to appear) into the criminal justice process, especially at key points such as bond hearings, plea-bargaining, sentencing, and parole release hearings.
Restitution as a condition of sentencing or another civil remedy such as a civil lawsuit.
The quick return of their property used for evidence when it is no longer needed.
Notification from officials about arrest, release of defendants, time and location of legal proceedings, time and location of trials, continuances or delays of trial proceedings, sentencing and parole hearings.
Be informed about eligibility for victim compensation, when applicable, and the right to be helped in completing application forms in a timely manner, when applicable.
Employer intercession. (A person cannot be fired or disciplined from a job for participating in an investigation or court process).
A quick and fair resolution.
At the discretion of the District Attorney, to view all or a portion of the pre-sentence report of the probation department.
Be informed of the results of any HIV testing that is ordered and performed.
Receive information concerning any change in the status of a “cold case” and, upon written request, shall be provided with an update at least annually. A cold case is defined as a felony crime reported to law enforcement that has remained unsolved over one year after the crime was reported to law enforcement, and for which the applicable statute of limitations has not expired.
Information about victim assistance and other community resources.
The right to be informed of any request for progression from the state mental hospital on behalf of a person in its custody as a result of a criminal case involving the victim, and the right to be heard at any hearing which a court considered such a request.

For a complete listing of your rights, please refer to Colorado Revised Statutes 24-4.1-301 through 24-4.1-304 at http://dcj.ovp.state.co.us.

Financial Resources

Restitution

Restitution is the repayment of monetary losses to the victim by the offender. Restitution cannot be ordered unless the defendant pleads guilty or is found guilty at trial and a sentence is imposed. The District Attorney is responsible for providing the court with the amount of restitution owed to the victim in a criminal case. This information may be obtained through a Victim Impact Statement, testimony at trial or through testimony by the victim at a restitution hearing.

Victim Compensation

To better protect and assist victims and members of their immediate families, the Colorado General Assembly enacted the Crime Victim Compensation Act. The Victim Compensation Program is fully funded through money collected from adults and juveniles who have been convicted of crimes, including traffic offenses. Examples of losses which may be compensated include:

Reasonable medical and hospital expenses
Mental health counseling
Funeral expenses
Loss of earnings
Replacement of doors, locks or windows

For further information or to request an application, contact the Crime Victim Compensation Program at (303) 682-6801 or visit their website at https://www.bouldercounty.org/district-attorney/victim-compensation/.

For Family & Friends

It is likely your loved one has experienced stress, anxiety, shock and other unwanted feelings as a result of their traumatic experience. Listen carefully and spend time with the traumatized person. Do what you can to make them feel safe and remind them that these feelings are normal.

Offer assistance with specific errands and tasks and patiently offer options while allowing the traumatized person control. Reestablishing control is an important part of the healing process for victims.

Refrain from statements such as, “It could have been worse” and “Why were you there?” Instead, let them know you’re sorry they’ve experienced this event. Reassure the victim it’s not their fault and ask them how you can better understand how they feel and how you can help.

Help the victim utilize public and local resources that can help them recover. Support them by accompanying them to any criminal justice proceedings.

Even if you were not a direct victim, remember co-victims often become affected emotionally. Find people who can support and listen to you as you support your loved one. Ask for help when you need it.

Crimes Covered by the Victim Rights Act

The Constitution of the State of Colorado and the laws of the state [Section 24-4.1-302(1) C.R.S] guarantee certain rights to victims of the following criminal acts:

Murder
Manslaughter
Criminally negligent homicide and vehicular homicide
Assault
Menacing
Kidnapping
Sexual assault
Child Abuse
Sexual exploitation of children
Crimes involving child prostitution
Crimes against at-risk adults and at-risk juveniles
Indecent exposure
Aggravated robbery, robbery of a controlled substance, and robbery of the elderly or disabled
Violation of a protection order in a sexual assault case
Incest and aggravated incest
Human trafficking
First degree burglary
Invasion of privacy for sexual gratification
Stalking
A bias motivated crime
Retaliation against a victim or witness
Retaliation against a judge, prosecutor or juror
Careless driving resulting in death
Failure to stop at the scene of an accident resulting in death
Any crime involving an act of domestic violence
Witness or victim intimidation
Any criminal attempt, conspiracy, criminal solicitation or accessory involving any of the crimes above.

If a victim is deceased or incapacitated, these rights may be exercised by the victim’s spouse, parent, child, sibling, grandparent, grandchild, significant other, or other lawful representative.

Other Ways Our Agency & University Departments Can Assist

Protective Court Orders

Intimidation, harassment, and stalking are all crimes. If you are being intimidated, harassed, or stalked, or you feel you are in danger at any time, call 911 immediately. Protective court orders may be available through the Boulder County Courts at 303-441-3775.

Property Releases

If any of your property was taken as evidence or recovered during an investigation, and is not contraband, CUPD is required to return the property within 5 working days of a victim’s request as long as it is no longer needed for evidentiary purposes. Please call the Property and Evidence Unit to arrange the release of your property at (303) 492-5116.

Copies of the Initial Incident Report

To get a copy of your crime, accident, or incident report, call the Records Unit at (303) 492-5115, come to the University of Colorado Boulder Police Department, or visit http://police.colorado.edu/content/records-release-request. Allow at least 24 hours for reports to be forwarded to the Records Unit. In some cases, reports may require up to 72 hours to be released. There may be a fee for these copies.

If you are a victim of a crime with constitutional rights, you have the right to a free copy of the initial crime report.

Occasionally, state laws restrict release of certain types of crime reports. Call the Records Unit to find out details about the release of your crime report.

Office of Victim Assistance (OVA) (CU Affiliated Community)

Traumatic events happen every day in all communities and CU’s community is not immune. The Office of Victim Assistance strives to mitigate the impact of traumatic experiences by decreasing barriers and empowering victims/survivors in making informed decisions by providing free confidential trauma informed services. For assistance, call OVA at (303) 492-8855 or visit their website at https://www.colorado.edu/ova/.

Victim Information and Notification Everyday (VINE)

If a suspect has been arrested in the City of Boulder or on the University of Colorado Boulder campus, you should register with VINE (Victim Information and Notification Everyday).

Colorado VINE is a notification system that sends automatic updates to victims and witnesses anytime an offender’s custody status changes.

To register, you will need the offender’s name, and your phone number or e-mail address to receive VINE notifications. Registering a phone number to receive notifications will require a 4-digit PIN number. Register by calling (888) 263-8463 or by going to the Colorado VINE website.

Victim Rights Compliance

Victims who feel they have not received the rights afforded by law should contact their assigned victim advocate for assistance. If the issue cannot be resolved locally, the victim may contact the Victim Rights Compliance Program for information, assistance, or to file a formal complaint.

Office for Victim Programs

Colorado Division of Criminal Justice

(303) 239-4442

Additional Resources

· CU Boulder Police Emergency Dispatch: 911

· CU Boulder Police Non-Emergency Dispatch: 303-492-6666

· Boulder Police and Fire-Rescue Non-Emergency Dispatch: 303-441-3333

· Boulder County Communications: 303-441-4444

· CU Boulder confidential Office of Victim Assistance: 303-492-8855

· CU Boulder confidential Counseling and Psychiatric Services: 303-492-2277

· CU Boulder confidential Faculty and Staff Assistance: 303-492-3020

· Crisis Intervention Services at Clinica (formerly Mental Health Partners): 303-447-1665