Colo. Rev. Stat. § 24-4.1-108

Current through Chapter 28 of the 2024 Legislative Session
Section 24-4.1-108 - Awarding compensation
(1) A person is entitled to an award 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 within seventy-two hours after its perpetration, unless the board finds good cause exists for the failure of notification;
(c) The applicant has cooperated fully 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(d) Repealed.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 his wrongful act or substantial provocation of his assailant; and
(f) The application for an award of compensation under this part 1 is filed with the board within one year of the date of injury to the victim or within such further extension of time as the board, for good cause shown, allows. For purposes of this paragraph (f), "good cause" may include but is not limited to circumstances in which a crime has remained unsolved for more than one year.
(1.5) A person is entitled to an award 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 fully 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; and
(d) The application for an award 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 awarded, the board shall submit a statement of award to the court administrator who shall remit payment in accordance with the statement of award.
(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 primary victims are compensated and to ensure that available moneys in the fund are not exceeded.

C.R.S. § 24-4.1-108

Amended by 2021 Ch. 129,§3, eff. 5/10/2021.
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. 556, p. 556, § 4, effective July 1. L. 2012: (1)(f) amended, (HB 12-1053), ch. 1158, p. 1158, § 4, effective August 8.

(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.