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. §18-24-103(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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