(1) A person is entitled to an award of compensation under this part 1 if:
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;
The appropriate law enforcement officials were notified of the perpetration of thecrime allegedly causing the death of or injury to the victim within seventy-two hours after its perpetration, unless the board finds good cause exists for the failure of notification;
The applicant has cooperated fully 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;
Repealed.
The death of or injury to the victim was not substantially attributable to his wrongfulact or substantial provocation of his assailant; and
The application for an award of compensation under this part 1 is filed with the boardwithin one year of the date of injury to the victim or within such further extension of time as the board, for good cause shown, allows. For purposes of this paragraph (f), "good cause" may include but is not limited to circumstances in which a crime has remained unsolved for more than one year.
(1.5) A person is entitled to an award of compensation for property damage under this part 1 if:
The person is a victim of a compensable crime which was perpetrated on or after July1, 1983, and which resulted in property damage;
The appropriate law enforcement officials were notified of the perpetration of thecrime causing property damage within seventy-two hours after its perpetration, unless the board finds good cause exists for the failure of notification;
The applicant has cooperated fully 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; and
The application for an award 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.
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.
Upon a finding by the board that compensation should be awarded, the board shallsubmit a statement of award to the court administrator who shall remit payment in accordance with the statement of award.
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 primary victims are compensated and to ensure that available moneys in the fund are 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.
Cross references: For the "Colorado Probate Code", see articles 10 to 17 of title 15.