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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(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.

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"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