Ability to Pay

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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. § 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. §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. §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).