Below are the ability to pay laws that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.

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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. § 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. §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.

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"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. § 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 C.R.S. 16-18.5-104(1);(3) Initial Collections Investigation - Payment Schedule

(1)  Orders for restitution shall be due and payable at the time that the order of conviction is entered. Unless the defendant is sentenced to the custody of the executive director

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of the department of corrections, if at the time that the court enters an order for restitution pursuant to section 18-1.3-603, C.R.S., the defendant alleges that he or she cannot pay the full amount of restitution, the court shall direct that the defendant report immediately to the collections investigator.... (3)(a) Upon referral of a defendant pursuant to subsection (2) of this section, the collections investigator shall conduct an investigation into the financial ability of the defendant to pay the restitution ordered by the court. Such investigation may consist of but is not limited to: (I)  Submission of written financial affidavits or disclosures of the defendant's personal, household, and business income, assets, and liabilities; (II)  Submission to an oral examination of the defendant's financial circumstances; (III)  Submission of books, papers, documents, or other tangible things related to the defendant's financial circumstances including but not limited to: (A)  Payroll stubs; (B)  Financial institution account statements; (C)  Stock certificates; (D)  Deeds, titles, or other evidence of ownership; (E)  State and federal tax records; and (F)  Insurance policies and statements; (IV)  Research and verification of all oral and written statements made by the defendant. (b)  In the case of a juvenile defendant, the collections investigator may conduct the investigation into the juvenile's parents' or legal guardian's financial circumstances as well as the juvenile's. (c)  For purposes of conducting the investigation required by this subsection (3), the collections investigator shall have access to data maintained by other state agencies including but not limited to wage data, employment data, and income tax data. The judicial department and any other departments are authorized to enter into agreements for the sharing of such data. (d)  Notwithstanding the provisions of article 72 of title 24, C.R.S., documents and information obtained by the collections investigators pursuant to this subsection (3) shall not be public records, but shall be open to public inspection only upon an order of the court based on a finding of good cause. Documents and information obtained by the collection investigators may be made available to the victim and to any private collection agency or third party with whom the judicial department may contract for the collection of past due restitution. In addition, if any warrant is issued for the arrest of any defendant due to nonpayment of restitution, information concerning the defendant's address and place of employment may be shared with a criminal justice agency.

All Not provided for At enforcement of fine or fee Burden on government to show ability to pay Administrative decision No Not provided for
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Colorado C.R.S. 16-18.5-105 Monitoring - Default - Penalties

Whenever a defendant fails to make a payment of restitution within seven days after the date that the payment is due pursuant to a payment schedule established pursuant to this

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article, in addition to any other remedy, the collections investigator may: (a)  Conduct an additional financial investigation of the defendant as described in section 16-18.5-104 (3).

All Not provided for At enforcement of fine or fee Burden on government to show ability to pay Administrative decision No Not provided for
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Colorado C.R.S. 16-18.5-105(1) Monitoring - Default - Penalties

The collections investigator shall be responsible for monitoring the payments of restitution by any defendant referred to the investigator pursuant to section 16-18.5-104. Based upon changes in the defendant's financial circumstances,

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the collections investigator may modify the payment schedule established pursuant to section 16-18.5-104 (4). If a payment schedule has been made an order of the court pursuant to section 16-18.5-104 (4)(a)(II), prior to enforcing a new schedule, the collections investigator shall request and obtain a modification of the order.

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