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OVP: Victim Rights Act Complaint Process

Crime victims are afforded rights pursuant to the Colorado Constitution

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If you feel as though your victim rights have not been provided to you by one or more criminal justice agencies, you may choose to file a complaint.

Although not required, we recommended that you first attempt to resolve your concerns at the local level. Here are some examples of how you might address your concerns:

  • Discuss your concerns with the person you feel has not provided you with your rights;
  • Ask your victim advocate or another supportive person such as a counselor for help;
  • Seek assistance from the elected official or head of the agency that you feel is not providing you with your rights.

Contact Kim Branham, the Division of Criminal Justice Victim Rights Act (VRA) Specialist, with any questions about filing a complaint, to receive a complaint form, or to discuss whether your concerns fall within the purview of the Colorado Victim Rights Act. Kim can be reached by phone at 303-239-5719 or email kim.branham@state.co.us

What to Expect

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Common VRA Complaint Process Questions

1. Does my crime fall under the VRA?

Not all victims of crime have rights under the Colorado Victim Rights Act (VRA). While you may be a victim of crime, you may not be a victim of a crime that is listed in the VRA.  View the full list of VRA crimes here.

2. If I am a victim of a VRA crime, do all of my concerns fall under the VRA?

Some of your concerns may not fall under Colorado’s VRA. The VRA compliance process is based on system change therefore it is not considered a “do-over” process.  For example, the compliance process does not have the jurisdiction to make law enforcement arrest someone, make the District Attorney’s Office file a case, does not have discretion over the manner which a crime was investigated, cannot make a Court re-hold a hearing, cannot make probation revoke someone or change the outcome of a case. You can also contact Kim Branham, VRA Specialist at the Division of Criminal Justice by contacting 303-239-5719 or kim.branham@state.co.us to help determine if your concerns fall under the VRA. 

3. Is the VRA compliance process confidential?

While VRA Compliance Program staff takes steps to preserve victim privacy, the compliance process is not a confidential process. In general, it is an open process. An appointed Board will review all written VRA complaints. In addition, the agencies identified in a complaint will be provided with a copy of a written VRA complaint. Individuals who submit written VRA complaints are provided with the information submitted by the criminal justice agency (ies) in response to the written complaint. Moreover, the Division of Criminal Justice, a government agency, is subject to Colorado laws concerning criminal justice records and open records. As a result, members of the public may request records kept at the Division of Criminal Justice. 

4. Are there benefits to addressing my concerns with a criminal justice agency before filing a VRA complaint?

Once a written VRA complaint is filed, the resulting VRA compliance process may take from three (3) to six (6) months to complete. Working with the involved agency directly may result in a faster resolution of your concerns. In addition, the goal of the VRA compliance process is two-fold: 1) to determine whether your rights as a victim of a VRA crime have been violated, and if so, 2) to change the system to prevent such violations from occurring in the future. 

5. What if I don’t want to file a formal VRA complaint but I have questions about my rights and/or I feel as if I need help from an outside agency?

The staff of the Victim Rights Act Compliance Program at the Division of Criminal Justice can help you resolve your concerns without the filing of a written VRA complaint. You can reach Kim Branham, VRA Specialist at the Division of Criminal Justice by contacting 303-239-5719 or kim.branham@state.co.us and asking for assistance with your rights as a crime victim. The VRA Specialist can talk to you about your concerns and discuss the next steps for resolving your concerns. For example, VRA Compliance Program staff may contact a criminal justice agency on your behalf, discuss the concerns that you presented and assist with the development of appropriate solutions.