Colorado § 24-4.1-108 - Approving compensation.

§ 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(d) Repealed.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.