Ability to Pay

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State Statute Description/Statute Name Statutory language Level of offense Definition of ability to pay Timeline Burden of proof Method of determination Mandatory Remedies if unable to pay
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Colorado Colo. Rev. Stat. §18-1.3-702(3)(c),(d) Monetary Payments - Due Process Required

(c)  The court shall not find the defendant in contempt of court, nor impose a suspended sentence, nor revoke probation, nor order the defendant to jail for failure to pay

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unless the court has made findings on the record, after providing notice to the defendant and a hearing, that the defendant has the ability to comply with the court's order to pay a monetary amount due without undue hardship to the defendant or the defendant's dependents and that the defendant has not made a good-faith effort to comply with the order. (d)  The court shall not accept a defendant's guilty plea for contempt of court for failure to pay or failure to comply with the court's order to pay a monetary amount unless the court has made findings on the record that the defendant has the ability to comply with the court's order to pay a monetary amount due without undue hardship to the defendant or the defendant's dependents and that the defendant has not made a good-faith effort to comply with the order.

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"The ability to comply with the court's order to pay a monetary amount due without undue hardship to the defendant or the defendant's dependents and that the defendant has not

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made a good-faith effort to comply with the order;" "The defendant or a defendant's dependents are considered to suffer undue hardship if he, she, or they would be deprived of money needed for basic living necessities, such as food, shelter, clothing, necessary medical expenses, or child support."

At enforcement of fine or fee Burden on government to show ability to pay Determined by judge after hearing Yes Not provided for
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Colorado Colo. Rev. Stat. § 16-18.5-106(1) Restitution for Persons Sentenced to the Department of Corrections

Whenever a person is sentenced to the department of corrections, the department of corrections is authorized to conduct an investigation into the financial circumstances of the defendant, as described in

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section 16-18.5-104(3), for purposes of determining the defendant's ability to pay court ordered costs, surcharges, restitution, time payment fees, late fees, and other fines, fees, or surcharges pursuant to section 16-18.5-110.

Misdemeanor, Felony Not provided for Before imposition of fine or fee Burden on government to show ability to pay Administrative decision No Not provided for
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Colorado Colo. Rev. Stat. § 18-1.3-507(6)(a) Community or Useful Public Service - Misdemeanors

The court shall assess a fee, not to exceed one hundred twenty dollars, upon every person required to perform community or useful public service pursuant to section 18-1.3-501 (2), 18-18-432, or 42-4-1301.4. The

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amount of the fee must be commensurate with the costs of administering the person's community or useful public service program. The court may waive this fee if the court determines the defendant to be indigent.

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"Indigent"

Not provided for Not provided for Not provided for Yes

Amount May be Waived by the Court.

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Colorado Colo. Rev. Stat. § 16-18-101(1) Costs in Criminal Cases

The costs in criminal cases shall be paid by the state pursuant to section 13-3-104, C.R.S., when the defendant is acquitted or when the defendant is convicted and the court

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determines he is unable to pay them.

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"Unable to pay"

Not provided for Not provided for Not provided for Yes

The State Pays the Cost.

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Colorado Colo. Rev. Stat. § 18-1.3.-702(4) Monetary Payments - Due Process Required

For purposes of this section, a defendant or a defendant's dependents are considered to suffer undue hardship if he, she, or they would be deprived of money needed for basic

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living necessities, such as food, shelter, clothing, necessary medical expenses, or child support. In determining whether a defendant is able to comply with an order to pay a monetary amount without undue hardship to the defendant or the defendant's dependents, the court shall consider: (a) Whether the defendant is experiencing homelessness; (b) The defendant's present employment, income, and expenses; (c) The defendant's outstanding debts and liabilities, both secured and unsecured; (d) Whether the defendant has qualified for and is receiving any form of public assistance, including food stamps, temporary assistance for needy families, Medicaid, or supplemental security income benefits; (e) The availability and convertibility, without undue hardship to the defendant or the defendant's dependents, of any real or personal property owned by the defendant; (f) Whether the defendant resides in public housing; (g) Whether the defendant's family income is less than two hundred percent of the federal poverty line, adjusted for family size; and (h) Any other circumstances that would impair the defendant's ability to pay.

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"The ability to comply with the court's order to pay a monetary amount due without undue hardship to the defendant or the defendant's dependents and that the defendant has not

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made a good-faith effort to comply with the order;" " "A defendant or a defendant's dependents are considered to suffer undue hardship if he, she, or they would be deprived of money needed for basic living necessities, such as food, shelter, clothing, necessary medical expenses, or child support."

At enforcement of fine or fee Not provided for Determined by judge after hearing Yes Not provided for
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Colorado Colo. Rev. Stat. §17-1-113(4)(d) Medical Visits - Charge to Inmates - Legislative Declaration

The specific services for which a copayment will be assessed, waived, or reduced, as well as the specific and exclusive bases upon which a copayment may be waived by department

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personnel, including but not limited to the inmate's inability to pay the copayment, the health needs of the inmate and the public health and safety needs of the institution.

All

"Including but not limited to the inmate's inability to pay the copayment, the health needs of the inmate and the public health and safety needs of the institution."

Not provided for Not provided for Administrative decision No Not provided for
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Colorado Colo. Rev. Stat. §18-13-122(3)(a);(4)(e)
Illegal Possession or Consumption of Ethyl Alcohol or Marijuana by an Underage Person - Illegal Possession of Marijuana Paraphernalia by an Underage Person - Definitions - Adolescent Substance Abuse Prevention
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and Treatment Fund - Legislative Declaration

(3)  (a) Except as described by section 18-1-711 and subsection (6) of this section, a person under twenty-one years of age who possesses or consumes ethyl alcohol anywhere in the state of

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Colorado commits illegal possession or consumption of ethyl alcohol by an underage person. Illegal possession or consumption of ethyl alcohol by an underage person is a strict liability offense; (4)  (e) A person convicted of a violation of this section is subject to an additional penalty surcharge of twenty-five dollars, which may be waived by the court upon a showing of indigency, that shall be transferred to the adolescent substance abuse prevention and treatment fund created pursuant to subsection (18) of this section.

Misdemeanor

"Indigency"

Not provided for Burden on defendant to show inability to pay Not provided for No

Waived by the Court.

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Colorado Colo. Rev. Stat. §18-1.3-702(2);(4) Monetary Payments - Due Process Required

When the court imposes a sentence, enters a judgment, or issues an order that obligates a defendant to pay any monetary amount, the court shall instruct the defendant as follows:

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(a) If at any time the defendant is unable to pay the monetary amount due, the defendant must contact the court's designated official or appear before the court to explain why he or she is unable to pay the monetary amount. (b)  If the defendant lacks the present ability to pay the monetary amount due without undue hardship to the defendant or the defendant's dependents, the court shall not jail the defendant for failure to pay. (4)  For purposes of this section, a defendant or a defendant's dependents are considered to suffer undue hardship if he, she, or they would be deprived of money needed for basic living necessities, such as food, shelter, clothing, necessary medical expenses, or child support.

All

"The present ability to pay the monetary amount due without undue hardship to the defendant or the defendant's dependents"; "A defendant or a defendant's dependents are considered to suffer undue hardship if

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he, she, or they would be deprived of money needed for basic living necessities, such as food, shelter, clothing, necessary medical expenses, or child support."

At defendant's request at enforcement Burden on defendant to show inability to pay Determined by judge after hearing No Not provided for
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Colorado Colo. Rev. Stat. §42-4-1307(10)(b) Penalties for Traffic Offenses Involving Alcohol and Drugs - Legislative Declaration - Definitions - Repeal

Persons convicted of DUI, DUI per se, and DWAI are subject to a surcharge of at least one hundred dollars but no more than five hundred dollars to fund programs

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to reduce the number of persistent drunk drivers. The surcharge shall be mandatory, and the court shall not have discretion to suspend or waive the surcharge; except that the court may suspend or waive the surcharge if the court determines that a person is indigent.

All

"Indigent"

Not provided for Not provided for Not provided for Yes

Suspended or Waived by the Court.

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Colorado Colo. Rev. Stat. § 18-1.3-102(1) Deferred Sentencing of Defendant

(a)  In any case in which the defendant has entered a plea of guilty, the court accepting the plea has the power, with the written consent of the defendant and

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his or her attorney of record and the district attorney, to continue the case for the purpose of entering judgment and sentence upon the plea of guilty for a period not to exceed four years for a felony or two years for a misdemeanor or petty offense or traffic offense. The period shall begin to run from the date that the court continues the case. (b)  The period may be extended for an additional time: (I) Up to one hundred eighty-two days if the failure to pay restitution is the sole condition of supervision which has not been fulfilled, because of inability to pay, and the defendant has shown a future ability to pay. During such time, the court may place the defendant under the supervision of the probation department; or (II) Up to two years if the deferred judgment is for an offense listed in section 16-11.7-102(3), C.R.S., good cause is shown, and the district attorney and defendant consent to the extension.

All Not provided for Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

Additional Time to Make Payment.

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Colorado Colo. Rev. Stat. §24-4.2-104(1)(a) Surcharges Levied on Criminal Actions and Traffic Offenses

 (a) (I) A surcharge equal to thirty-seven percent of the fine imposed for each felony, misdemeanor, or class 1 or class 2 misdemeanor traffic offense; (II)(C)(c)  All calculated surcharge amounts resulting

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in dollars and cents shall be rounded down to the nearest whole dollar. The surcharge levied by this section may not be suspended or waived by the court unless the court determines that the defendant is indigent.

All

"Indigent"

Not provided for Not provided for Not provided for No

Suspended or Waived by the Court.

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Colorado Colo. Rev. Stat. § 24-4.1-119(1);(1.5) Costs and Surcharges Levied on Criminal Actions and Traffic Offenses

(1)  (a)  Except as provided in paragraphs (c) and (d) of this subsection (1), a cost of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class

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1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic offenses is hereby levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided for in section 18-1.3-102, C.R.S., which criminal action is charged pursuant to state statute; (1.5)  A cost or surcharge levied pursuant to this section may not be suspended or waived by the court unless the court determines that the defendant against whom the cost or surcharge is levied is indigent.

All

"Indigent"

At enforcement of fine or fee Not provided for Not provided for No

Suspended or Waived by Judge.

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Colorado Colo. Rev. Stat. §16-10-109(2) Trial by Jury for Petty Offenses

A defendant charged with a petty offense shall be entitled to a jury trial if, within twenty-one days after entry of a plea, the defendant makes a request to the

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court for a jury trial, in writing, and tenders to the court a jury fee of twenty-five dollars unless the fee is waived by the judge because of the indigence of the defendant.

Misdemeanor

"Indigence"

Before imposition of fine or fee Not provided for Not provided for No

Waived by the Judge.

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Colorado Colo. Rev. Stat. § 16-11.7-105(1) Sentencing of Sex Offenders - Treatment Based Upon Evaluation and Identification Required

The offender shall pay for the treatment to the extent the offender is financially able to do so.

All Not provided for Not provided for Not provided for Administrative decision No Not provided for
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Colorado Colo. Rev. Stat. § 16-22-108(7) Registration - Procedure - Frequency - Place - Change of Address - Fee

(a)  A local law enforcement agency may establish a registration fee to be paid by persons registering and reregistering annually or quarterly with the local law enforcement agency pursuant to

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the provisions of this section. The amount of the fee shall reflect the actual direct costs incurred by the local law enforcement agency in implementing the provisions of this article but shall not exceed seventy-five dollars for the initial registration with the local law enforcement agency and twenty-five dollars for any subsequent annual or quarterly registration. (b)  The local law enforcement agency may waive the fee for an indigent person. For all other persons, the local law enforcement agency may pursue payment of the fee through a civil collection process or any other lawful means if the person is unable to pay at the time of registration. A local law enforcement agency shall accept a timely registration in all circumstances even if the person is unable to pay the fee at the time of registration.

All Not provided for At enforcement of fine or fee Not provided for Administrative decision No

Law Enforcement May Pursue Payment of the Fee Through the Civil Collection Process or Any Other Lawful Means if the Person is Unable to Pay at the Time of Registration.

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Colorado Colo. Rev. Stat. §18-25-101(1);(4) Restorative Justice Surcharge - Definitions

(1)  Each person who is convicted of a crime and each juvenile adjudicated of a crime shall be required to pay a ten-dollar surcharge to the clerk of the court for

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the judicial district in which the conviction occurs; (4)  The court may waive all or any portion of the surcharge required by subsection (1) of this section if the court finds that a person or juvenile is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person or juvenile is financially unable to pay.

All Not provided for Not provided for Not provided for Not provided for No

Waived by the Court (All or Portion Unable to Pay).

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Colorado Colo. Rev. Stat. §18-24-103(3) Collection and Distribution of Funds - Child Abuse Investigation Surcharge Fund - Creation

The court may waive all or any portion of the surcharge required by section 18-24-102 if the court finds that a person convicted of a crime against a child is

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indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person convicted of a crime against a child is financially unable to pay.

Felony, Misdemeanor Not provided for Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge without hearing No

Waived by the Court (All or Portion Unable to Pay).

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Colorado Colo. Rev. Stat. §18-21-103(4) Source of Revenues - Allocation of Moneys - Sex Offender Surcharge Fund - Creation

The court may waive all or any portion of the surcharge required by this section if the court finds that a person convicted of a sex offense is indigent or

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financially unable to pay all or any portion of such surcharge. The court shall waive only that portion of the surcharge which the court has found that the person convicted of a sex offense is financially unable to pay.

Felony, Misdemeanor Not provided for Not provided for Not provided for Not provided for No

Waived by the Court (All or Portion Unable to Pay).

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Colorado Colo. Rev. Stat. §18-19-103(6) Source of Revenues - Allocation of Money

(a) The court may not waive any portion of the surcharge required by this section unless the court first finds that the drug offender is financially unable to pay any

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portion of said surcharge. (b) The finding required by paragraph (a) of this subsection (6) shall only be made after a hearing at which the drug offender shall have the burden of presenting clear and convincing evidence that he is financially unable to pay any portion of the surcharge. (c) The court shall waive only that portion of the surcharge which the court has found the drug offender is financially unable to pay.

Felony

"Offender shall have the burden of presenting clear and convincing evidence that he is financially unable to pay any portion of the surcharge."

Not provided for Burden on defendant to show inability to pay Determined by judge after hearing No

Waived by Court (All or Portion Unable to Pay).

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Colorado Colo. Rev. Stat. § 18-26-101(1);(3) Statewide Discovery Sharing System Surcharge

(1)  Each person who is represented by private counsel or appears pro se and is convicted of a felony, misdemeanor, drug felony, or drug misdemeanor shall be required to pay a

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surcharge to the clerk of the court for the judicial district in which the conviction occurs; (3)  The court may waive all or any portion of the surcharge required by this section if the court finds that a person convicted of a crime is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person convicted of a crime is financially unable to pay.

Felony, Misdemeanor

"Indigent or financially unable to pay all or any portion of the surcharge"

Not provided for Not provided for Not provided for No

Waived by Court (All or Portion Unable to Pay).