Colorado § 24-4.1-403 - Certification forms - signature requirement - limitation on factors for consideration.

§ 24-4.1-403. Certification forms - signature requirement - limitation on factors for consideration.

(1) Upon request, a certifying official from a certifying agency shall execute and sign the certification form when it is determined that the victim:

(a) Was a victim of qualifying criminal activity; and

(b) Has been helpful, is being helpful, or is likely to be helpful to the detection, investigation, or prosecution of that qualifying criminal activity.

(2) (a) For purposes of determining helpfulness pursuant to subsection (1)(b) of this section, a victim is helpful, has been helpful, or is likely to be helpful to the detection, investigation, or prosecution of that qualifying criminal activity if there is no documentation that the victim refused or failed to provide assistance reasonably requested by law enforcement.

(b) A certifying agency's inability to communicate with a victim due to the victim's language must not be considered a refusal or failure to provide assistance.

(3) The certifying agency shall not consider any other factors in deciding whether to sign the certification form, except whether the individual was a victim of qualifying criminal activity and the victim's helpfulness, as specified in subsection (1) of this section.

(4) If a certifying official or agency signs the certification form, the official or agency shall return the signed certification form to the requester, along with, free of charge, relevant pages of offense reports related to the qualifying criminal activity subject to release by law, unless already provided by another agency. The timing of release of such reports for open investigations or prosecutions is subject to the certifying agency's discretion.

(5) The certifying agency is neither a sponsor nor a decision-maker in the granting of a U visa. A certifying official's completion of a certification form is not sufficient evidence that an applicant for a U visa has met all eligibility requirements and does not guarantee that the victim will receive a U visa. It is the exclusive responsibility of federal immigration officials to determine whether a person is eligible for a U visa. Completion of a certification form by a certifying official merely verifies factual information relevant for federal immigration officials to determine eligibility for a U visa. By completing a certification form, the certifying official attests that the information is true and correct to the best of the certifying official's knowledge.

(6) More than one victim may be identified and provided with certification, depending upon the circumstances.

(7) If a certifying official or agency declines to sign the certification form, the official or agency shall, in writing, notify the requester of the reason or reasons for the denial within the times set forth in section 24-4.1-402. The denial notification must contain a detailed explanation of the reason or reasons for the denial, consisting of one of the following:

(a) Lack of jurisdiction over the certification form request due to the certifying agency not having been involved in the detection, investigation, or prosecution of the qualifying criminal activity;

(b) The requester was not a victim of qualifying criminal activity; or

(c) Lack of helpfulness, including documented instances of failure or refusal to comply with reasonable requests for assistance.

(8) Upon receiving notice that a request for a certification form pursuant to this section is denied, a requester may provide supplemental information to the certifying agency and request that the certification form denial be reviewed by the certifying agency.

(9) A requester may seek a subsequent certification from the same certifying agency or may seek certification from multiple certifying agencies.

Source: L. 2021: Entire part added, (HB 21-1060), ch. 126, p. 512, § 1, effective September 1.