Source: L. 88: Entire section added, p. 669, � 1, effective July 1. L. 89: (4) added, p. 862, � 2, effective February 26. L. 96: (1) amended and (5) added, p. 1776, � 1, effective June 3. L. 97: (1) amended, p. 1551, � 1, effective July 1. L. 99: (1.5) added, p. 56, � 7, effective March 15; (6) added, p. 899, � 1, effective May 24. L. 2000: Entire section repealed, p. 1044, � 5, effective September 1.
16-11-101.6. Collection of fines and fees - methods - charges - judicial collection enhancement fund - creation - definition. (1) If the defendant is assessed any fines, fees, costs, surcharges, or other monetary assessments with regard to the sentencing or other disposition of a felony, misdemeanor, petty offense, civil infraction, traffic offense, or traffic infraction and does not pay all amounts assessed in full on the date of the assessment, the defendant shall pay to the clerk of the court an additional time payment fee of twenty-five dollars. The time payment fee may be assessed once per case; except that, if amounts owed in the case have still not been paid in full one year after the date of the assessment, the fee may be assessed annually until the defendant has fully satisfied his or her financial obligation in the case. In addition, there may be assessed against a defendant a late penalty fee of ten dollars each time a payment toward the fines, fees, costs, surcharges, or other amounts owed is not received on or before the date due. If the court determines that the defendant does not have the financial resources to pay a time payment fee or a late penalty fee, the court may waive or suspend a time payment fee or a late penalty fee. Amounts collected are credited first against the time payment and any late penalty fees assessed under this subsection (1), then against any fines, and finally against any costs. The time payment fee and late penalty fee described in this subsection (1) do not apply to a person under the jurisdiction of the juvenile court or the person's parent, guardian, or legal custodian.
(2) The judicial collection enhancement fund is created in the state treasury. All time payment fees and late penalty fees collected shall be credited to the judicial collection enhancement fund. In addition, reasonable costs incurred and collected by the state shall be credited to the fund. The fund also consists of the money credited to the fund pursuant to sections 16-4-111 and 16-4-114. The general assembly shall make annual appropriations from the fund to the judicial department for administrative and personnel costs incurred in collecting restitution, fines, costs, fees, and other monetary assessments. At the end of any fiscal year, all unexpended and unencumbered money and any interest remains in the fund for appropriation to the judicial department for ongoing enforcement and collection of restitution, fines, fees, costs, surcharges, and other monetary assessments.
(3) To collect on past due orders of fines or fees, the state may employ any method available to collect state receivables, including assigning such accounts to private counsel or private collection agencies under section 24-30-202.4 (2), C.R.S. Any fees or costs of the private counsel or collection agency shall also be added to the amount due, but such fees and costs shall not exceed twenty-five percent of the amount collected.
(4) (a) On past due orders, the court may, on its own motion or through the use of a collections investigator, direct that a certain portion of a defendant's earnings, not to exceed fifty percent, be withheld and applied to any unpaid fines or fees, if such an order does not adversely impact the defendant's ability to comply with other orders of the court. An attachment of earnings under this section may be modified to a lesser or greater amount based upon changes in a defendant's circumstances as long as the amount withheld does not exceed fifty percent and may be suspended or canceled at the court's discretion. For purposes of this section, earnings shall have the same meaning as set forth in section 13-54.5-101 (2), C.R.S., and shall include profits.
(b) An attachment of earnings or a writ of garnishment to collect judgments from a garnishee's earnings for court assessments, including fines, fees, costs, restitution, and surcharges pursuant to this section or section 16-18.5-105:
(I) Has priority over any other garnishment, lien, or income assignment except for a writ for arrearages for child support, for maintenance when combined with child support, for child support debts, or for maintenance or a writ previously served on the same garnishee pursuant to this section; and
(II) Shall require the garnishee to withhold, pursuant to section 13-54-104 (3), C.R.S., the portion of earnings subject to garnishment at each succeeding earnings disbursement interval until the judgment is satisfied or the garnishment is released by the court or in writing by the judgment creditor.
(5) During any period of time that a defendant is a state inmate as defined in section 17-1-102 (8), C.R.S., the superintendent of the correctional facility to which such defendant is assigned, or his or her designee, may fix the manner and time of payment of fines and fees and may direct that a portion of the wages of such defendant under section 17-24-122 (3), C.R.S., or compensation under section 17-24-114, C.R.S., be applied to any unpaid fines or fees.
(6) (a) The judicial department may enter into a memorandum of understanding with the state treasurer, acting as the administrator of unclaimed property under the Revised Uniform Unclaimed Property Act, article 13 of title 38, for the purpose of offsetting against a claim for unclaimed property the amount of outstanding fines, fees, costs, or surcharges owed pursuant to law or an order entered by a court of this state by the person claiming unclaimed property. When an offset is to be made, the judicial department or the court to which the fines, fees, costs, or surcharges are owed shall notify the defendant in writing that the state intends to offset the defendant's outstanding fines, fees, costs, or surcharges against his or her claim for unclaimed property.
(b) The state court administrator may adopt rules establishing the process by which an unclaimed property claimant may object to an offset and request an administrative review. The sole issues to be determined at the administrative review shall be whether the person is required to pay the fines, fees, costs, or surcharges pursuant to law or an order entered by a court of this state and the amount of the outstanding fines, fees, costs, or surcharges.
(c) For purposes of this subsection (6), claim for unclaimed property means a cash claim filed in accordance with section 38-13-903.
(7) Repealed.
Source: L. 96: Entire section added, p. 1777, � 2, effective June 3. L. 2000: (1), (3), (4), and (5) amended, p. 1044, � 6, effective September 1. L. 2002: (5) amended, p. 1016, � 18, effective June 1; (1) amended, p. 1494, � 139, effective October 1. L. 2005: (6) added, p. 697, � 1, effective August 8. L. 2011: (1) and (2) amended, (HB 11-1076), ch. 178, p. 678, � 1, effective July 1. L. 2012: (4) amended, (HB 12-1310), ch. 268, p. 1394, � 8, effective June 7. L. 2019: (6)(a) and (6)(c) amended, (SB 19-088), ch. 110, p. 466, � 5, effective July 1, 2020. L. 2021: (1) amended, (HB 21-1315), ch. 461, p. 3110, � 11, effective July 6; (1) amended, (SB 21-271), ch. 462, p. 3164, � 174, effective March 1, 2022. L. 2024: (7) added, (HB 24-1213), ch. 9, p. 22, � 1, effective February 27. L. 2025: (2) amended, (SB 25-241), ch. 144, p. 543, � 3, effective April 28.
Editor's note: (1) Amendments to subsection (1) by SB 21-271 and HB 21-1315 were harmonized, effective March 1, 2022.
(2) For subsection (7) in HB 24-1213 in effect from February 27, 2024, to July 1, 2024, see chapter 9, Session Laws of Colorado 2024. (L. 2024, p. 22.)
(3) Subsection (7)(b) provided for the repeal of subsection (7), effective July 1, 2024. (See L. 2024, p. 22.)
Cross references: For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.
16-11-101.7. Repayment of crime stopper reward - crime stopper reward reimbursement fund - created. (1) In addition to any other penalty authorized by law, after a defendant has been convicted of or entered a plea of guilty or nolo contendere to a felony offense, or enters into a plea bargain agreement concerning a felony offense which is reduced to a misdemeanor pursuant to such agreement, the court may order such defendant to repay all or part of any reward paid by a crime stopper organization that led to the defendant's arrest and conviction. The amount of such repayment may not exceed the actual reward paid by any crime stopper organization and shall be used solely for paying rewards.
(2) (a) Upon an order to repay all or part of a crime stopper reward, the court shall assess such repayment against the defendant in the same manner as other costs of prosecution are assessed against a defendant. The court shall order the defendant to:
(I) Pay the entire amount when sentence is pronounced; or
(II) Pay the entire amount on such later date as may be specified by the court.
(b) Any order for the repayment of all or part of a crime stopper reward shall be prioritized in accordance with the provisions of section 18-1.3-204 (2.5), C.R.S.
(3) All moneys collected by the court pursuant to this section, together with transmittal information which includes the court's docket number, the defendant's name, and the crime stopper organization which is designated to receive the repayment of reward, shall be promptly forwarded to the division of criminal justice created by section 24-33.5-502, C.R.S. Upon receipt, the division of criminal justice shall promptly transmit the moneys to the state treasurer who shall deposit them in the crime stopper reward reimbursement fund which is hereby created. Moneys in the fund shall be continuously appropriated to the division of criminal justice for the purposes of this section. The disbursement of any such moneys to the designated crime stopper organization shall be made by the division of criminal justice within thirty-five days after the date of deposit in the crime stopper reward reimbursement fund.
(4) As used in this section, crime stopper organization has the same meaning as provided in section 16-15.7-102 (1).
Source: L. 94: Entire section added, p. 1810, � 2, effective June 1. L. 2002: (2)(b) amended, p. 1494, � 140, effective October 1. L. 2012: (3) amended, (SB 12-175), ch. 208, p. 853, � 84, effective July 1.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (2)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.
16-11-101.8. State income tax refund and lottery winnings offsets - fines, fees, costs, or surcharges - definitions. (1) In any case in which a defendant has an unsatisfied fine, fee, cost, or surcharge obligation imposed pursuant to law or a court order, the judicial department is authorized to transmit data concerning the obligation to the department of revenue for the purpose of conducting a data match and offsetting the obligation against a state income tax refund pursuant to section 39-21-108 (3) or lottery winnings pursuant to section 44-40-114. For any obligation identified by the judicial department for offset, the state court administrator shall:
(a) On at least an annual basis, certify to the department of revenue the social security number of the defendant who is obligated to pay the obligation and the amount of the outstanding obligation. The department of revenue may request additional identifying information from the judicial department that is necessary to obtain an accurate data match.
(b) Upon notification by the department of revenue of a data match, notify the appropriate court that a match has occurred and that an offset is pending and provide to the court the identifying information received from the department concerning the defendant whose state income tax refund is subject to the offset;
(c) Provide or require the appropriate court to provide written notice to the defendant that the state intends to offset the defendant's obligation against his or her state income tax refund or lottery winnings and that the defendant has the right to object to the offset and request an administrative review; and
(d) Upon receipt of funds for offset from the department of revenue, transmit the funds to the appropriate court.
(2) The clerk of court shall apply funds received pursuant to this section to the defendant's outstanding fines, fees, costs, or surcharges. If the moneys received exceed the defendant's current obligation, the excess may be applied to other financial obligations the defendant owes the court or the judicial department. If no other financial obligations are owed, the clerk of court shall refund any excess moneys to the defendant.
(3) The state court administrator may adopt rules establishing the process by which a defendant may object to an offset and request an administrative review. The sole issues to be determined at the administrative review shall be whether the person is required to pay the fines, fees, costs, or surcharges pursuant to law or an order entered by a court of this state and the amount of the outstanding fines, fees, costs, or surcharges.
(4) The department of revenue is authorized to receive data from the judicial department and execute offsets of state income tax refunds and lottery winnings in accordance with this section and sections 39-21-108 (3) and 44-40-114.
(5) As used in this section, defendant means any person who has been assessed a fine, fee, cost, or surcharge as an adult or juvenile pursuant to law or a court order.
Source: L. 2004: Entire section added, p. 1256, � 1, effective August 4. L. 2019: IP(1), (1)(c), and (4) amended, (HB 19-1128), ch. 238, p. 2358, � 1, effective August 2.