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Fines and Fees
State Statute Description/Statute Name Statutory language Amount Level of offense Mandatory Imposed by Delegation of authority
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Colorado Colo. Rev. Stat. § 18-1.3-401(1)(a)(III)(A) Felonies classified--presumptive penalties
As to any person sentenced for a felony committed on or after July 1, 1985, except as otherwise provided in sub-subparagraph (E) of this subparagraph (III), in addition to, or
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in lieu of, any sentence to imprisonment, probation, community corrections, or work release, a fine within the following presumptive ranges may be imposed for the specified classes of felonies: Class 2 Minimum Sentence: Five thousand dollarsMaximum Sentence: One million dollars
$5000 - $1000000 Felony No Court N/A
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Colorado Colo. Rev. Stat. § 18-1.3-401(1)(a)(III)(A) Felonies classified--presumptive penalties
(III)(A) As to any person sentenced for a felony committed on or after July 1, 1985, except as otherwise provided in sub-subparagraph (E) of this subparagraph (III), in addition to,
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or in lieu of, any sentence to imprisonment, probation, community corrections, or work release, a fine within the following presumptive ranges may be imposed for the specified classes of felonies: Class 3 Minimum Sentence: Three thousand dollarsMaximum Sentence: Seven hundred fifty thousand dollars
$3000.00 - $750000.00 Felony No Court N/A
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Colorado Colo. Rev. Stat. § 18-1.3-401(1)(a)(III)(A) Felonies classified--presumptive penalties
(III)(A) As to any person sentenced for a felony committed on or after July 1, 1985, except as otherwise provided in sub-subparagraph (E) of this subparagraph (III), in addition to,
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or in lieu of, any sentence to imprisonment, probation, community corrections, or work release, a fine within the following presumptive ranges may be imposed for the specified classes of felonies: Class 4 Minimum Sentence: Two thousand dollarsMaximum Sentence: Five hundred thousand dollars
$2000.00 - $500000.00 Felony No Court N/A
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Colorado Colo. Rev. Stat. § 18-1.3-401(1)(a)(III)(A) Felonies classified--presumptive penalties
(III)(A) As to any person sentenced for a felony committed on or after July 1, 1985, except as otherwise provided in sub-subparagraph (E) of this subparagraph (III), in addition to,
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or in lieu of, any sentence to imprisonment, probation, community corrections, or work release, a fine within the following presumptive ranges may be imposed for the specified classes of felonies: Class 5 Minimum Sentence: One thousand dollarsMaximum Sentence: One hundred thousand dollars
$1000.00 - $100000.00 Felony No Court N/A
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Colorado Colo. Rev. Stat. § 18-1.3-401(1)(a)(III)(A) Felonies classified--presumptive penalties
(III)(A) As to any person sentenced for a felony committed on or after July 1, 1985, except as otherwise provided in sub-subparagraph (E) of this subparagraph (III), in addition to,
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or in lieu of, any sentence to imprisonment, probation, community corrections, or work release, a fine within the following presumptive ranges may be imposed for the specified classes of felonies: Class 6 Minimum Sentence: One thousand dollarsMaximum Sentence: One hundred thousand dollars
$1000.00 - $100000.00 Felony No Court N/A
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Colorado Colo. Rev. Stat. § 18-1.3-403 Penalty for felony not fixed by statute For offenses committed on or after July 1, 1985, a fine of not more than one hundred thousand dollars may be levied $0.00 - $100000.00 Felony No Court N/A
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Colorado Colo. Rev. Stat. § 18-1.3-501(1)(a) Misdemeanors classified--drug misdemeanors and drug petty offenses classified--penalties--definitions
Except as otherwise provided in paragraph (d) of this subsection (1), misdemeanors are divided into three classes that are distinguished from one another by the following penalties that are authorized
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upon conviction except as provided in subsection (1.5) of this section: Class 1 Minimum Sentence: Six months imprisonment, or five hundred dollars fine, or both; Maximum Sentence: Eighteen months imprisonment, or five thousand dollars fine, or both
$500.00 - $5000.00 Misdemeanor No Court N/A
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Colorado Colo. Rev. Stat. § 18-1.3-501(1)(a) Misdemeanors classified--drug misdemeanors and drug petty offenses classified--penalties--definitions
Except as otherwise provided in paragraph (d) of this subsection (1), misdemeanors are divided into three classes that are distinguished from one another by the following penalties that are authorized
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upon conviction except as provided in subsection (1.5) of this section: Class 2 Minimum Sentence: Three months imprisonment, or two hundred fifty dollars fine, or both; Maximum Sentence: Twelve months imprisonment, or one thousand dollars fine, or both
$250.00 - $1000.00 Misdemeanor No Court N/A
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Colorado Colo. Rev. Stat. § 18-1.3-501(1)(a) Misdemeanors classified--drug misdemeanors and drug petty offenses classified--penalties--definitions
Except as otherwise provided in paragraph (d) of this subsection (1), misdemeanors are divided into three classes that are distinguished from one another by the following penalties that are authorized
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upon conviction except as provided in subsection (1.5) of this section: Class 3 Minimum Sentence: Fifty dollars fine, or both; Maximum Sentence: Six months imprisonment, or seven hundred fifty dollars fine, or both
$50.00 - $750.00 Misdemeanor No Court N/A
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Colorado Colo. Rev. Stat. § 18-1.3-501(d) Misdemeanors classified--drug misdemeanors and drug petty offenses classified--penalties--definitions
For purposes of sentencing a person convicted of a misdemeanor drug offense described in article 18 of this title, committed on or after October 1, 2013, drug misdemeanors are divided
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into two levels that are distinguished from one another by the following penalties that are authorized upon conviction: DM1 Minimum Sentence; Six months imprisonment, or five hundred dollars fine, or both; Maximum Sentence: Eighteen months imprisonment, or five thousand dollars fine, or both
$500.00 - $5000.00 Misdemeanor No Court N/A
Poverty Penalties and Poverty Traps
State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
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Colorado Colo. Rev. Stat. § 17-10-103(1) Action for Reimbursement of Cost of Care

When any person has been sentenced to confinement in a local jail or a correctional facility or to home detention or has been granted probation or has been placed on

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parole by the state board of parole and the sentencing court has not entered an order pursuant to section 18-1.3-701, C.R.S., requiring such person to pay the full cost of care incurred during such person's sentence, the state, the appropriate prosecuting attorney, the department of corrections, the judicial department, or any government agency which has incurred cost of care of such person may file an action for reimbursement for cost of care.

Increased fine All No
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Colorado Colo. Rev. Stat. § 16-11-101.6(1) Collection of Fines and Fees - Methods - Charges - Judicial Collection Enforcement Fund

If the defendant is assessed any fines, fees, costs, surcharges, or other monetary assessments with regard to the sentencing, disposition, or adjudication of a felony, misdemeanor, juvenile delinquency petition, petty

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offense, traffic offense, or traffic infraction and does not pay all amounts assessed in full on the date of the assessment, the defendant shall pay to the clerk of the court an additional time payment fee of twenty-five dollars. The time payment fee may be assessed once per case; except that, if amounts owed in the case have still not been paid in full one year after the date of the assessment, said fee shall be assessed annually until the defendant has fully satisfied his or her financial obligation in the case. In addition, there may be assessed against a defendant a late penalty fee of ten dollars each time a payment toward the fines, fees, costs, surcharges, or other amounts owed is not received on or before the date due.

Collection fee/interest All Yes
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Colorado Colo. Rev. Stat. § 16-11-101.6(3) Collection of Fines and Fees - Methods - Charges - Judicial Collection Enhancement Fund

Any fees or costs of the private counsel or collection agency shall also be added to the amount due, but such fees and costs shall not exceed twenty-five percent of

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the amount collected.

Collection fee/interest All No
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Colorado Colo. Rev. Stat. § 16-11-101.6(4)(a) Collection of Fines and Fees - Methods - Charges - Judicial Collection Enhancement Fund

On past due orders, the court may, on its own motion or through the use of a collections investigator, direct that a certain portion of a defendant's earnings, not to

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exceed fifty percent, be withheld and applied to any unpaid fines or fees, if such an order does not adversely impact the defendant's ability to comply with other orders of the court. An attachment of earnings under this section may be modified to a lesser or greater amount based upon changes in a defendant's circumstances as long as the amount withheld does not exceed fifty percent and may be suspended or cancelled at the court's discretion.

Wage/bank account garnishment All No
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Colorado Colo. Rev. Stat. § 16-11-101.6(5) Collection of Fines and Fees - Methods - Charges - Judicial Collection Enhancement Fund

During any period of time that a defendant is a state inmate as defined in section 17-1-102(8), C.R.S., the superintendent of the correctional facility to which such defendant is assigned,

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or his or her designee, may fix the manner and time of payment of fines and fees and may direct that a portion of the wages of such defendant under section 17-24-122(3), C.R.S., or compensation under section 17-24-114, C.R.S., be applied to any unpaid fines or fees.

Wage/bank account garnishment Misdemeanor, Felony No
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Colorado Colo. Rev. Stat. § 16-11-101.6(6)(a) Collection of Fines and Fees - Methods - Charges - Judicial Collection Enhancement Fund

The judicial department may enter into a memorandum of understanding with the state treasurer, acting as the administrator of unclaimed property under the "Unclaimed Property Act", article 13 of title

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38, C.R.S., for the purpose of offsetting against a claim for unclaimed property the amount of outstanding fines, fees, costs, or surcharges owed pursuant to law or an order entered by a court of this state by the person claiming unclaimed property. When an offset is to be made, the judicial department or the court to which the fines, fees, costs, or surcharges are owed shall notify the defendant in writing that the state intends to offset the defendant's outstanding fines, fees, costs, or surcharges against his or her claim for unclaimed property.

Property liens All No
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Colorado Colo. Rev. Stat. § 16-11-101.8(1) State Income Tax Refund Offsets - Fines, Fees, Costs, or Surcharges - Definitions

In any case in which a defendant has an unsatisfied fine, fee, cost, or surcharge obligation imposed pursuant to law or a court order, the judicial department is authorized to

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transmit data concerning the obligation to the department of revenue for the purpose of conducting a data match and offsetting the obligation against a state income tax refund pursuant to section 39-21-108(3), or lottery winnings pursuant to section 44-40-114.

Wage/bank account garnishment All No
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Colorado Colo. Rev. Stat. § 18-1.3-207(2) Work and Education Release Programs

All employment income of a probationer participating in a work release program shall be received and deposited by the probation officer in the registry of the court.

Work program/jail industry program All Yes
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Colorado Colo. Rev. Stat. § 18-1.3-302(4) Legislative Declaration - Offenders Who May Be Sentenced to the Specialized Restitution and Community Service Program

If an eligible offender is accepted by a provider pursuant to subsection (3) of this section, the court may sentence an offender to pay restitution or perform community service, or

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both, in an amount commensurate with the seriousness of the crime and to the custody of any specialized restitution and community service program adopted pursuant to this section or article 27.9 of title 17, C.R.S. Notwithstanding any other provision of law to the contrary, a minimum of full restitution may be imposed in an amount that exceeds any actual losses or damages suffered by a victim of the crime.

Community service All No
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Colorado Colo. Rev. Stat. § 18-1.3-702(3)(b) Monetary Payments - Due Process Required

Except in the case of a corporation, if the defendant failed to pay a monetary amount due and the record indicates that the defendant has willfully failed to pay that

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monetary amount, the court, when appropriate, may consider a motion to impose part or all of a suspended sentence, may consider a motion to revoke probation, or may institute proceedings for contempt of court.

Condition or extension of supervision All No
Ability to Pay
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.

All

"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.

All

"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.

All

"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.

All

"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.

Transparency
State Statute Description/Statute Name Statutory language Type of obligation Actor
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Colorado Colo. Rev. Stat. §17-1-113(4)(e); Colo. Rev. Stat. §17-1-113(5) Medical Visits - Charge to Inmates - Legislative Declaration

(e) The information to be obtained by department personnel at the time of the inmate's medical, dental, mental health, or optometric visit on a standardized department form, including the inmate's

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name, the inmate's identification number, the amount of the copayment assessed, if any, the reason for the visit, the type of service rendered, and the basis for any waiver of the copayment; (5) The department shall monitor the information collected pursuant to paragraph (e) of subsection (4) of this section to ensure that the copayment procedures are being applied consistently to all inmate.

Obligation to collect or record Law enforcement
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Colorado Colo. Rev. Stat. § 13-32-106 Fee Bill and Application of Fees

Any person in interest in any cause is entitled to a certified bill of costs or fees specifically itemized. All fees collected by any clerk or judge shall be paid

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over to the state treasurer as provided by law, except as provided in section 30-1-112, C.R.S. No clerk of any court of record shall certify a record to the supreme court or to any other court until he collects all clerk's costs and fees then due and payable from the person ordering the record, unless otherwise ordered by the court in which the record reposes or by the court to which the cause was transferred or appealed, or from which appellate review as provided by law and the Colorado appellate rules may issue.

Obligation to respond to public records requests All courts
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Colorado Colo. Rev. Stat. § 13-32-107 Fee Book a Public Record

The fee book to be kept by each clerk is a public record and subject to public inspection as are all other records of his office, except those specifically excluded

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by statute or order of court.

Obligation to collect or record, Obligation to respond to public records requests All courts
Collections Infrastructure
State Statute Description/Statute Name Statutory language Who may collect
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Colorado Colo. Rev. Stat. § 16-11-101.6(3) Collection of Fines and Fees - Methods - Charges - Judicial Collection Enhancement Fund

To collect on past due orders of fines or fees, the state may employ any method available to collect state receivables, including assigning such accounts to private counsel or private

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collection agencies under section 24-30-202.4(2), C.R.S.

Private actors
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Colorado Colo. Rev. Stat. § 24-30-202.4(1) Collection of Debts Due the State - Controller's Duties - Creation of Debt Collection Fund - Reciprocal Debt Collection Agreements - Definitions

The state controller shall advise and assist the various state agencies concerning the collection of debts due the state through such agencies, in accordance with rules promulgated by the executive

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director of the department of personnel, to achieve the prompt collection of debts due such agencies. The controller may delegate the responsibility for the collection of debts to the central collection services section of the division of finance and procurement, or any successor section, in the department.

State/statewide agency
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Colorado Colo. Rev. Stat. § 24-30-202.4(2) Collection of Debts Due the State - Controller's Duties - Creation of Debt Collection Fund - Reciprocal Debt Collection Agreements - Definitions

All state agencies shall refer to the state controller debts due the state that the agency has been unable to collect within thirty days after such debts have become past

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due

State/statewide agency
Revenue Flow
State Statute Description/Statute Name Statutory language Who receives the funding Other beneficiaries Level of offense
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Colorado Colo. Rev. Stat. § 18-1.3-401(1)(a)(III)(D) Felonies Classified - Presumptive Penalties

All fines collected pursuant to this subparagraph (III) shall be deposited in the fines collection cash fund, which fund is hereby created. The general assembly shall make annual appropriations out

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of such fund for administrative and personnel costs incurred in the collection and administration of said fines. All unexpended balances shall revert to the general fund at the end of each fiscal year.

State/statewide agency

General Fund.

Felony
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Colorado Colo. Rev. Stat. § 18-1.3-501(4) Misdemeanors Classified - Drug Misdemeanors and Drug Petty Offenses Classified - Penalties - Definitions

However, all moneys collected from the offender shall be applied in the following order: Costs for crime victim compensation fund pursuant to section 24-4.1-119, C.R.S.; surcharges for victims and witnesses

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assistance and law enforcement fund pursuant to section 24-4.2-104, C.R.S.; restitution; time payment fee; late fees; and any other fines, fees, or surcharges.

State courts

Crime Victims Compensation Fund; Victims and Witnesses Assistance and Law Enforcement Fund.

Misdemeanor
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Colorado Colo. Rev. Stat. § 18-1.3-507(6)(b) Community or Useful Public Service - Misdemeanors

The proceeds from such amounts shall be used by the operating agency only for defraying the cost of personal services and other operating expenses related to the administration of the

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program, a general liability policy covering such person, and, if such person will be covered by workers' compensation insurance pursuant to subsection (5) of this section or an insurance policy providing such or similar coverage, the cost of purchasing and keeping in force such insurance coverage and shall not be used by the operating agency for any other purpose.

Supervision agency N/A All
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Colorado Colo. Rev. Stat. § 18-1.3-206(1);(4) Repayment of Crime Stopper Reward as a Condition of Probation

(1) As a condition of every sentence to probation where information received through a crime stopper organization led to the arrest and felony conviction of a defendant, the court may

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require such defendant, as a condition of probation, to repay all or part of any reward paid by such organization. The amount of such repayment shall not exceed the actual reward paid by any crime stopper organization and shall be used solely for paying rewards. The court shall fix the manner and time of repayment. (4) Any order for the repayment of all or part of a crime stopper reward as a condition of probation shall be prioritized in accordance with section 18-1.3-204(2.5).(b) “Crime stopper organization” has the same meaning provided in section 16-15.7-102(1), C.R.S .

Private actors N/A Felony
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Colorado Colo. Rev. Stat. § 24-33.5-415.6(1) Offender Identification - Fund

There is hereby created in the state treasury the offender identification fund, referred to in this section as the “fund”. Moneys in the fund shall consist of costs and surcharges

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levied pursuant to this section and payments for genetic testing received from offenders pursuant to sections 16-11-102.4, 18-1.3-407, and 19-2-925.6, C.R.S. Subject to annual appropriations by the general assembly, the executive director and the state court administrator are authorized to expend moneys in the fund to pay for genetic testing of offenders pursuant to sections 16-11-102.4 and 18-1.3-407, C.R.S. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.

State/statewide agency

General Fund.

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Colorado Colo. Rev. Stat. § 18-1.3-204(2)(a)(V) Conditions of Probation - Interstate Compact Probation Transfer Cash Fund - Creation

Pay reasonable costs of the court proceedings or costs of supervision of probation, or both. The probation supervision fee shall be fifty dollars per month for the length of ordered

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probation. Notwithstanding the amount specified in this subparagraph (V), the court may lower the costs of supervision of probation to an amount the defendant will be able to pay. The court shall fix the manner of performance for payment of the fee. If the defendant receives probation services from a private provider, the court shall order the defendant to pay the probation supervision fee directly to the provider.

Supervision agency N/A All
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Colorado Colo. Rev. Stat. § 18-19-103(3) Source of Revenues - Allocation of Money

The clerk of the court shall disburse the surcharge required by subsection (1) of this section as follows:(a) Five percent shall be retained by the clerk for purposes of administering

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the disbursal of the surcharge pursuant to this subsection (3). (b) Four percent shall be disbursed to the investigating agency to cover the costs of fingerprinting and photographing offenders pursuant to section 16-21-104(1), C.R.S. (c) One percent shall be disbursed to the sheriff of the county in which the conviction or deferred sentence is entered, to cover the costs of fingerprinting and photographing offenders pursuant to section 18-18-432(3). (d) Ninety percent shall be disbursed to the state treasurer who shall credit the same to the correctional treatment cash fund created pursuant to subsection (4) of this section.

State/statewide agency

Court Clerk; Investigating Agency; County Sheriff.

Felony, Misdemeanor
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Colorado Colo. Rev. Stat. §18-21-103(2) Sources of Revenues - Allocation of Moneys - Sex Offender Surcharge Fund - Creation

(2) The clerk of the court shall allocate the surcharge required by subsection (1) of this section as follows:(a) Five percent shall be retained by the clerk for administrative costs

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incurred pursuant to this subsection (2). Such amount retained shall be transmitted to the state treasurer, who shall credit the same to the general fund, and such amount shall be subject to appropriation by the general assembly for the costs of such administration. (b) Ninety-five percent shall be transferred to the state treasurer who shall credit the same to the sex offender surcharge fund created pursuant to subsection (3) of this section.

State/statewide agency

General Fund for Court Administration Costs.

Felony, Misdemeanor
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Colorado Colo. Rev. Stat. §18-24-103(1) Collection and Distribution of Funds - Child Abuse Investigation Surcharge Fund - Creation

The clerk of the court shall allocate the surcharge required by section 18-24-102 as follows:(a) Five percent shall be retained by the clerk of the court for administrative costs incurred

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pursuant to this subsection (1). Such amount retained shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101(6), C.R.S. (b) Ninety-five percent shall be transferred to the state treasurer, who shall credit the same to the child abuse investigation surcharge fund created pursuant to subsection (2) of this section.

State/statewide agency

State Court.

Felony, Misdemeanor
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Colorado Colo. Rev. Stat. §18-25-101(2) Restorative Justice Surcharge - Definitions

The clerk of the court shall allocate the surcharge required by subsection (1) of this section as follows:(a) Five percent shall be retained by the clerk of the court for

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administrative costs incurred pursuant to this subsection (1). Such amount retained shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101(6), C.R.S. (b) Ninety-five percent shall be transferred to the state treasurer, who shall credit the same to the restorative justice surcharge fund created pursuant to subsection (3) of this section.

State/statewide agency

Judicial Stabilization Cash Fund.

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Structure of Courts
State Statute Description/Statute Name Statutory language Court/legal body Function
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Colorado Colo. Rev. Stat. § 13-6-501(4)-(7) County Court Magistrates - Qualifications - Duties

(4) Subject to the provision that no magistrate may preside in any trial by jury, county court magistrates shall have power to hear the following matters:(a) Class 2 misdemeanor traffic

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offenses and class A and class B traffic infractions, as defined in section 42-4-1701, C.R.S.; (b) Such other matters as determined by rule of the supreme court. (4.5) County court magistrates shall have the power to solemnize marriages pursuant to the procedures in section 14-2-109, C.R.S. (4.7) County court magistrates shall have the power to preside over matters specified in section 13-17.5-105. (5) Except in class A and class B traffic infraction matters, before a county court magistrate may hear any matter, all parties thereto shall have waived, on the record, their right to proceed before a county judge. If any party fails to waive such right, or objects to the magistrate, that party's case shall be referred to a county judge. (6) Magistrates, when handling county court matters and class A and class B traffic infraction matters and where the parties to such proceedings, other than traffic infraction matters, shall have waived their right to proceed before a county judge, shall have all the jurisdiction and power of a county judge, and their orders and judgments shall be those of the county court. (7) Procedure in matters heard by a county court magistrate shall be determined by statute and by rules promulgated by the supreme court and by local rules.

Jurisdiction of the courts
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Colorado Colo. Rev. Stat. § 13-4-102(1) Jurisdiction

Any provision of law to the contrary notwithstanding, the court of appeals shall have initial jurisdiction over appeals from final judgments of, and interlocutory appeals of certified questions of law

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in civil cases pursuant to section 13-4-102.1 from, the district courts, the probate court of the city and county of Denver, and the juvenile court of the city and county of Denver

Jurisdiction of the courts
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Colorado Coloc. Const. Art. VI, § 2 Appeallate Jurisdiction

(1) The supreme court, except as otherwise provided in this constitution, shall have appellate jurisdiction only, which shall be coextensive with the state, and shall have a general superintending control

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over all inferior courts, under such regulations and limitations as may be prescribed by law. (2) Appellate review by the supreme court of every final judgment of the district courts, the probate court of the city and county of Denver, and the juvenile court of the city and county of Denver shall be allowed, and the supreme court shall have such other appellate review as may be provided by law. There shall be no appellate review by the district court of any final judgment of the probate court of the city and county of Denver or of the juvenile court of the city and county of Denver.

Jurisdiction of the courts
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Colorado Colo. Const. Art. 6, §9 District Courts - Jurisdiction

(1) The district courts shall be trial courts of record with general jurisdiction, and shall have original jurisdiction in all civil, probate, and criminal cases, except as otherwise provided herein,

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and shall have such appellate jurisdiction as may be prescribed by law. (2) (Deleted by amendment, L. 2002, p. 3094, effective upon proclamation of the Governor, L. 2003, p. 3611, December 20, 2002.) (3) In the city and county of Denver, exclusive original jurisdiction in all matters of probate, settlements of estates of deceased persons, appointment of guardians, conservators and administrators, and settlement of their accounts, the adjudication of the mentally ill, and such other jurisdiction as may be provided by law shall be vested in a probate court, created by section 1 of this article.

Jurisdiction of the courts
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Colorado Colo. Const. Art. 6, §17 County Courts - Jurisdiction

County courts shall have such civil, criminal, and appellate jurisdiction as may be provided by law, provided such courts shall not have jurisdiction of felonies or in civil cases where

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the boundaries or title to real property shall be in question. Appellate review by the supreme court or the district courts of every final judgment of the county courts shall be as provided by law.

Jurisdiction of the courts
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Colorado Colo. Rev. Stat. § 13-10-104 Municipal Court Created - Jurisdiction

The municipal governing body of each city or town shall create a municipal court to hear and try all alleged violations of ordinance provisions of such city or town.

Jurisdiction of the courts
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Colorado Colo. Rev. Stat. § 13-8-103 Jurisdiction

The jurisdiction of the juvenile court of the city and county of Denver is as set forth in sections 19-1-104, 19-2-104, and 19-4-109, C.R.S., for juvenile courts, as defined in

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section 19-1-103(70), C.R.S.

Jurisdiction of the courts
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Colorado C.R.S. 13-6-101 Establishment

Pursuant to the provisions of section 1 of article VI of the Colorado constitution, there is hereby established in each county of the state of Colorado a county court.

Creation of the courts
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Colorado C.R.S. 13-6-106 Original Criminal Jurisdiction

(1)  The county court shall have concurrent original jurisdiction with the district court in the following criminal matters: (a)  Criminal actions for the violation of state laws which constitute misdemeanors or petty

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offenses, except those actions involving children over which the juvenile court of the city and county of Denver or the district courts of the state, other than in Denver, have exclusive jurisdiction; (b)  The issuance of warrants, the conduct of preliminary examinations, the conduct of dispositional hearings pursuant to section 16-5-301 (1), C.R.S., and section 18-1-404 (1), C.R.S., the issuance of bind over orders, and the admission to bail in felonies and misdemeanors; (2)  The provisions of subsection (1)(b) of this section shall not apply to any child under the age of eighteen years alleged to have committed a felony, except a crime of violence punishable by death or life imprisonment where the accused is sixteen years of age or older.

Jurisdiction of the courts
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Colorado C.R.S. 13-8-101 Establishment

Pursuant to the provisions of section 1 of article VI of the Colorado constitution, there is hereby established the juvenile court of the city and county of Denver.

Creation of the courts
Case Law
State Citation Question Brief Answer Language from the opinion When does the case apply?
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Colorado Strickland v. People, 197 Colo. 488, 594 P.2d 578 (1979)
People v. Afentul, 773 P.2d 1081, 1085 (Colo. 1989)
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof,
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the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
Before revocation of probation for failure to make ordered restitution payments can be effected, trial court must find that defendant had the ability to pay at the time the payments
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should have been made.
"For purposes of requirement that, before probation may be revoked based upon a finding that probationer did not pay moneys due under condition of probation, probationer must have the present
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ability to pay, the ability to pay is measured by three factors: that job for which probationer is qualified is available; that job would produce an income adequate to meet his obligations; and that probationer unjustifiably refuses to take it." "Evidence of the defendant's failure to pay restitution constitutes “prima facie evidence” that the defendant has violated the conditions of the deferred sentencing. When the prosecution presents this “prima facie evidence,” the burden then shifts to the defendant to establish by a preponderance of the evidence that he was financially unable to make the payments at the time they should have been made" (Afentul, citing Strickland)
Enforcement