Victim Impact Statement and Restitution Information – The District Attorney

VICTIM IMPACT STATEMENT

Under C.R.S.24-4.1-302.5 (g) a victim has the right to make a written and/or oral impact statement relating the harm that the victim has sustained as a result of the crime. The victim impact statement form was designed to help crime victims provide relevant information, including sentencing recommendations. Once you receive the victim impact statement please complete all parts of the form which apply to you (some parts may not be relevant to your case). If you are requesting restitution for losses sustained as a result of this crime, attach copies of all bills, receipts, invoices and estimates with your completed form. If you are a victim on a case that has been filed with our office but you have not received a victim impact statement in the mail please contact the victim witness unit in the county where the crime occurred.

• Arapahoe County District Attorney, 6450 S. Revere Parkway, Centennial, CO 80111 720-874-8618

• Douglas County District Attorney, 4000 Justice Way, Castel Rock, CO 80109 720-733-4531

• Elbert County District Attorney, P.O. Box 232, Kiowa, CO 80117 303-621-2875

• Lincoln County District Attorney, P.O. Box 307, Hugo, CO 80821 719-743-2223

A COPY OF THE VICTIM IMPACT STATEMENT WILL BE PROVIDED TO THE DEPUTY DISTRICT ATTORNEY, THE COURT, AND THE DEFENDANT OR DEFENSE COUNSEL.

IF YOU HAVE COMPLETED A VICTIM IMPACT STATEMENT YOU MAY RETURN YOUR COMPLETED FORM TO THE OFFICE HANDLING YOUR CASE.

VICTIM RESTITUTION

Restitution is the repayment of losses, to the victim by the offender. Restitution in a criminal case is the actual pecuniary or monetary damages that resulted from the commission of the crime. This may include: replacement cost of lost or damaged property, medical expenses, lost wages, insurance deductibles, etc. Restitution does not include damages for physical or mental pain and suffering, loss of consortium, loss of enjoyment of life, loss of future earnings, or punishment. Restitution cannot be ordered until the defendant pleads guilty or is found guilty at trial and a sentence is imposed.

The District Attorney is responsible for providing the court with the amount of restitution owed to the victim in a criminal case. This may be done through a victim impact statement, testimony at trial or through testimony by the victim at a restitution hearing.

A victim impact statement is mailed to all victims of crime where damage to a person or property is charged. This statement is provided to the Court, the defendant/defense counsel and the District Attorney. To insure the correct amount of restitution is ordered it is important to notify the District Attorney’s Office of your position, whether you have losses or not.

The offender has an opportunity to question the restitution requested and may ask the court for a restitution hearing. You (or if a business is the victim, a representative) may be subpoenaed to testify if the judge orders a hearing. When the final restitution figure is decided by the court, the offender will be required to make restitution payments.

Restitution is paid through the Court Registry, not the District Attorney’s Office. For information about restitution payments, contact the Court Registrar in your county, the Probation Department, or your victim advocate. Since restitution may be paid over time, it is important to keep you contact information updated.

Please go to the Courts website for further information regarding restitution post sentencing:

https://www.courts.state.co.us/Self_Help/Restitution.cfm