C.R.S.
Section 18-1.3-603
Assessment of restitution
- corrective orders
(1)
Every order of conviction of a felony, misdemeanor, petty offense, or traffic misdemeanor offense, except any order of conviction for a state traffic misdemeanor offense issued by a municipal or county court in which the prosecuting attorney is acting as a special deputy district attorney pursuant to an agreement with the district attorney’s office, shall include consideration of restitution. Each such order shall include one or more of the following:(a)
An order of a specific amount of restitution be paid by the defendant;(b)
An order that the defendant is obligated to pay restitution, but that the specific amount of restitution shall be determined within the ninety-one days immediately following the order of conviction, unless good cause is shown for extending the time period by which the restitution amount shall be determined;(c)
An order, in addition to or in place of a specific amount of restitution, that the defendant pay restitution covering the actual costs of specific future treatment of any victim of the crime; or(d)
Contain a specific finding that no victim of the crime suffered a pecuniary loss and therefore no order for the payment of restitution is being entered.(2)
Intentionally left blank —Ed.(a)
The court shall base its order for restitution upon information presented to the court by the prosecuting attorney, who shall compile such information through victim impact statements or other means to determine the amount of restitution and the identities of the victims. Further, the prosecuting attorney shall present this information to the court prior to the order of conviction or within ninety-one days, if it is not available prior to the order of conviction. The court may extend this date if it finds that there are extenuating circumstances affecting the prosecuting attorney’s ability to determine restitution.(b)
In computing restitution pursuant to subsection (2)(a) of this section, the following expenses are allowable if proximately caused by the crime, including but not limited to:(I)
Long-term or ongoing medical expenses as a result of the crime for which the offender was convicted or of any conduct arising out of the case;(II)
Reimbursement for insurance deductibles, including deductibles for medical expenses for physical and mental health issues, property damage or loss, and automobile damage or loss;(III)
Replacement costs for damaged or destroyed property, including locks, windows, and doors;(IV)
Travel expenses to court hearings if the victim travels over one hundred miles one way from the location of the court proceeding or when the victim is away from home longer than one day, requiring an overnight stay. A victim may receive travel expenses for travel to critical stages of the case only for the critical stages described in section 24-4.1-302 (2)(b), (2)(e), (2)(f), (2)(g), and (2)(h).(V)
Travel expenses to a secure site, if required, to participate virtually in court proceedings;(VI)
Child care expenses while the victim participates in court proceedings; and(VII)
Reimbursement for lost wages to attend a critical stage of the case for the critical stages described in section 24-4.1-302 (2)(b), (2)(e), (2)(f), (2)(g), and (2)(h).(c)
The court shall review the travel expenses described in subsections (2)(b)(IV) and (2)(b)(V) of this section to ensure the travel expenses are reasonable. If the court finds the travel expenses are unreasonable, the court may reduce the amount of recoverable travel expenses to a reasonable amount.(d)
Notwithstanding the determination of restitution, an order of conviction is final.(3)
Any order for restitution may be:(a)
Increased if additional victims or additional losses not known to the judge or the prosecutor at the time the order of restitution was entered are later discovered and the final amount of restitution due has not been set by the court; or(b)
Decreased:(I)
With the consent of the prosecuting attorney and the victim or victims to whom the restitution is owed; or(II)
If the defendant has otherwise compensated the victim or victims for the pecuniary losses suffered.(II)
Notwithstanding the provisions of subparagraph (I) of this paragraph (a), two years after the presentation of the defendant’s original death certificate to the clerk of the court or the court collections investigator, the court may terminate the remaining balance of the judgment and order for restitution if, following notice by the clerk of the court or the court collections investigator to the district attorney, the district attorney does not object and there is no evidence of a continuing source of income of the defendant to pay restitution. The termination of a judgment and order pursuant to this subparagraph (II) does not terminate an associated judgment against a defendant who is jointly and severally liable with the deceased defendant.(b)
Any order for restitution made pursuant to this section is also an order that:(I)
Except as provided in subsection (4)(b.5) of this section, the defendant owes simple interest from the date of the entry of the order at the rate of eight percent per annum; and(II)
The defendant owes all reasonable and necessary attorney fees and costs incurred in collecting such order due to the defendant’s nonpayment.(b.5)
Intentionally left blank —Ed.(I)
Interest on an order for restitution does not accrue while:(A)
The defendant is serving a sentence in a correctional facility operated by or under contract with the department of corrections located within the state; or(B)
The defendant is in a juvenile delinquency case and is under twenty-one years of age.(II)
In any case where interest was accruing on an order of restitution at the rate of twelve percent per annum, on and after January 1, 2020, interest accrues at the rate of eight percent per annum.(c)
The entry of an order for restitution under this section creates a lien by operation of law against the defendant’s personal property and any interest that the defendant may have in any personal property.(d)
Any order of restitution imposed shall be considered a debt for “willful and malicious” injury for purposes of exceptions to discharge in bankruptcy as provided in 11 U.S.C. sec. 523.(e)
The clerk of the court is authorized to adjust the unpaid balance in the case upon proof that any restitution or related interest amounts have been or will be satisfied outside of the court registry and receipting process regardless of when the restitution order and judgment were entered. The accounting adjustment does not modify a court’s order.(5)
If more than one defendant owes restitution to the same victim for the same pecuniary loss, the orders for restitution shall be joint and several obligations of the defendants.(6)
Any amount paid to a victim under an order of restitution shall be set off against any amount later recovered as compensatory damages by such victim in any federal or state civil proceeding.(7)
When a person’s means of identification or financial information was used without that person’s authorization in connection with a conviction for any crime in violation of part 2, 3, or 4 of article 4, part 1, 2, 3, or 7 of article 5, or article 5.5 of this title, the sentencing court may issue such orders as are necessary to correct a public record that contains false information resulting from any violation of such laws. In addition, the restitution order shall include any costs incurred by the victim related to section 16-5-103, C.R.S.(8)
Intentionally left blank —Ed.(a)
Notwithstanding the provisions of subsection (1) of this section, for a non-felony conviction under title 42, C.R.S., the court shall order restitution concerning only the portion of the victim’s pecuniary loss for which the victim cannot be compensated under a policy of insurance, self-insurance, an indemnity agreement, or a risk management fund.(b)
The court, in determining the restitution amount, shall consider whether the defendant or the vehicle driven by the defendant at the time of the offense was covered by:(I)
A complying policy of insurance or certificate of self-insurance as required by the laws of this state;(II)
Self-insurance including but not limited to insurance coverage pursuant to the provisions of part 15 of article 30 of title 24, C.R.S.; or(III)
Any other insurance or indemnity agreement that would indemnify the defendant for any damages sustained by the victim.(c)
Intentionally left blank —Ed.(I)
Except as otherwise provided in this paragraph (c), a court may not award restitution to a victim concerning a pecuniary loss for which the victim has received or is entitled to receive benefits or reimbursement under a policy of insurance or other indemnity agreement.(II)
Intentionally left blank —Ed.(A)
A court may award a victim restitution for a deductible amount under his or her policy of insurance.(e)
Intentionally left blank —Ed.(I)
Notwithstanding any provision of law to the contrary, an insurance company, risk management fund, or public entity shall not be obligated to defend a defendant in a hearing concerning restitution. No court shall interpret an indemnity or insurance contract so as to obligate an insurance company, risk management fund, or public entity to defend a defendant at a restitution hearing absent a specific agreement.(II)
Notwithstanding any provision of law, indemnity contract, or insurance contract to the contrary, an insurance company, risk management fund, or public entity shall not be obligated to pay or otherwise satisfy a civil judgment entered pursuant to this part 6, or to indemnify a defendant for an amount awarded in a restitution order.(f)
Nothing in this article shall be construed to limit or abrogate the rights and immunities set forth in the “Colorado Governmental Immunity Act”, article 10 of title 24, C.R.S.(g)
The provisions of this subsection (8) shall not preclude the court, pursuant to article 4.1 of title 24, C.R.S., from ordering restitution to reimburse an expenditure made by a victim compensation fund.(9)
For a conviction for human trafficking for involuntary servitude, as described in section 18-3-503, or for human trafficking for sexual servitude, as described in section 18-3-504, the court shall order restitution, if appropriate, pursuant to this section even if the victim is unavailable to accept payment of restitution.(10)
Intentionally left blank —Ed.(a)
If, as a result of the defendant’s conduct, a crime victim compensation board has provided assistance to or on behalf of a victim pursuant to article 4.1 of title 24, C.R.S., the amount of assistance provided and requested by the crime victim compensation board is presumed to be a direct result of the defendant’s criminal conduct and must be considered by the court in determining the amount of restitution ordered.(b)
The amount of assistance provided is established by either:(I)
A list of the amount of money paid to each provider; or(II)
If the identity or location of a provider would pose a threat to the safety or welfare of the victim, summary data reflecting what total payments were made for:(A)
Medical and dental expenses;(B)
Funeral or final disposition expenses;(C)
Mental health counseling;(D)
Wage or support losses; or(E)
Other expenses.(c)
Records of a crime victim compensation board relating to a claimed amount of restitution are subject to the provisions of section 24-4.1-107.5, C.R.S.(11)
Absent an agreement between the defendant and the prosecution at the time the plea is entered, a court may not impose restitution for pecuniary losses proximately caused by conduct exclusively related to dismissed charges.
Source:
Section 18-1.3-603 — Assessment of restitution - corrective orders, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-18.pdf (accessed Oct. 20, 2023).
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