Colorado § 24-4.1-109 - Losses compensable.

§ 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(c) and (d) Repealed.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, mental health counseling, or traditional healing ceremonies, including as described in subsection (1)(m) of this section;

(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;

(l) Reasonable relocation expenses for a victim to relocate as necessary to ensure the victim's safety;

(m) Expenses for traditional Native American healing ceremonies and practices for persons who are indigenous as defined in section 24-33.5-2601, including, but not limited to:

(I) Traditional counseling and healing from an elder or spiritual healer;

(II) Traditional ceremonial practices;

(III) Ceremonial burials, including clothing for the deceased, meals, and other expenses related to traditional giveaway or gifting practices;

(IV) Child care during burial ceremonies; and

(V) Reimbursement for honoraria provided in connection with ceremonial services; and

(n) Reasonable travel expenses related to traditional Native American healing ceremonies and practices, as described in subsection (1)(m) of this section, for a victim who is indigenous, as defined in section 24-33.5-2601.

(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. L. 2026: (1)(i) and (1)(k) amended and (1)(m) and (1)(n) added, (SB 26-012), ch. 211, p. 1246, § 1, effective August 12.

ANNOTATION

A crime victim compensation board (CVCB) is not prohibited from compensating a crime victim for wages the victim expects to lose in the future. A CVCB may reimburse a crime victim for lost wages without specifying whether that amount includes only wages lost in the past, or wages that will be lost in the future. People v. Bohn, 2015 COA 178, 381 P.3d 335.

Because the general assembly did not include specific language prohibiting a CVCB from paying a claimant for wages that will be lost after the date of the CVCB's payments, the general assembly did not intend to prohibit the payment of future lost wages. People v. Bohn, 2015 COA 178, 381 P.3d 335.