C.R.S. Section 18-1.3-702
Monetary payments

  • due process required

(1)

Intentionally left blank —Ed.

(a)

When the court imposes a sentence, enters a judgment, or issues an order that obligates the defendant to pay a monetary amount, the court may direct as follows:

(I)

That the defendant pay the entire monetary amount at the time sentence is pronounced;

(II)

That the defendant pay the entire monetary amount at some later date;

(III)

That the defendant pay as directed by the court or the court’s designated official:

(A)

At a future date certain in its entirety;

(B)

By periodic payments, which may include payments at intervals, referred to in this section as a “payment plan”; or

(C)

By other payment arrangement as determined by the court or the court’s designated official;

(IV)

When the defendant is sentenced to a period of probation as well as payment of a monetary amount, that payment of the monetary amount be made a condition of probation.

(b)

A court’s designated official shall report to the court on any failure to pay.

(c)

As used in this section, “court’s designated official” includes, but is not limited to, a “collections investigator” as defined in section 18-1.3-602 (1).

(2)

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:

(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; and

(c)

If the defendant has the ability to pay the monetary amount as directed by the court or the court’s designee but willfully fails to pay, the defendant may be imprisoned for failure to comply with the court’s lawful order to pay pursuant to the terms of this section.

(3)

Incarceration for failure to pay is prohibited absent provision of the following procedural protections:

(a)

When a defendant is unable to pay a monetary amount due without undue hardship to himself or herself or his or her dependents, the court shall not imprison the defendant for his or her failure to pay;

(b)

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 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. When instituting contempt of court proceedings, the court, including a municipal court, shall provide all procedural protections mandated in rule 107 of the Colorado rules of civil procedure or rule 407 of the Colorado rules of county court civil procedure.

(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 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. If the defendant fails to appear at the hearing referenced in this paragraph (c) after receiving notice, the court may issue a warrant for his or her arrest for failure to appear.

(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; and

(e)

The court shall not issue a warrant for failure to pay money, failure to appear to pay money, or failure to appear at any post-sentencing court appearance wherein the defendant was required to appear if he or she failed to pay a monetary amount; however, a court may issue an arrest warrant or incarcerate a defendant related to his or her failure to pay a monetary amount only through the procedures described in paragraphs (a) to (d) of this subsection (3).

(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. 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.

(5)

If the court finds a defendant in contempt of court for willful failure to pay, the court may direct that the defendant be imprisoned until the monetary payment ordered by the court is made, but the court shall specify a maximum period of imprisonment subject to the following limits:

(a)

When the monetary amount was imposed for a felony, the period shall not exceed one year;

(b)

When the monetary amount was imposed for a misdemeanor, the period shall not exceed one-third of the maximum term of imprisonment authorized for the misdemeanor;

(c)

When the monetary amount was imposed for a petty offense, a traffic violation, or a violation of a municipal ordinance, any of which is punishable by a possible jail sentence, the period shall not exceed fifteen days;

(d)

There shall be no imprisonment in those cases when no imprisonment is provided for in the possible sentence; and

(e)

When a sentence of imprisonment and a monetary amount was imposed, the aggregate of the period and the term of the sentence shall not exceed the maximum term of imprisonment authorized for the offense.

(6)

This section applies to all courts of record in Colorado, including but not limited to municipal courts.

(7)

Nothing in this section prevents the collection of a monetary amount in the same manner as a judgment in a civil action.

Source: Section 18-1.3-702 — Monetary payments - due process required, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑1.3‑101
Pretrial diversion - appropriation - repeal 18‑1.3‑102
Deferred sentencing of defendant 18‑1.3‑103.4
Senate Bill 13-250 - legislative intent - clarification of internal reference to level 4 drug felonies 18‑1.3‑103.5
Felony convictions - vacate and enter conviction on misdemeanor after successful completion 18‑1.3‑103.7
Alternative options for pregnant and postpartum people - legislative declaration - definitions 18‑1.3‑104
Alternatives in imposition of sentence 18‑1.3‑104.5
Alternatives in imposition of sentence in drug felony cases - exhaustion of remedies 18‑1.3‑105
Authority of sentencing courts to utilize home detention programs 18‑1.3‑106
County jail sentencing alternatives - work, educational, and medical release - home detention - day reporting - definition 18‑1.3‑107
Conviction - collateral relief - applicability - definitions 18‑1.3‑201
Application for probation 18‑1.3‑202
Probationary power of court 18‑1.3‑202.5
Veterans court probation supervision 18‑1.3‑203
Criteria for granting probation 18‑1.3‑204
Conditions of probation - interstate compact probation transfer cash fund - creation 18‑1.3‑205
Restitution as a condition of probation 18‑1.3‑206
Repayment of crime stopper reward as a condition of probation 18‑1.3‑207
Work and education release programs 18‑1.3‑208
Intensive supervision probation programs - legislative declaration 18‑1.3‑209
Substance abuse assessment required 18‑1.3‑210
Counseling or treatment for alcohol or drug abuse or substance use disorder 18‑1.3‑211
Sentencing of felons - parole of felons - treatment and testing based upon assessment required 18‑1.3‑212
Drug testing of offenders by judicial department - pilot program 18‑1.3‑301
Authority to place offenders in community corrections programs 18‑1.3‑302
Legislative declaration - offenders who may be sentenced to the specialized restitution and community service program 18‑1.3‑401
Felonies classified - presumptive penalties 18‑1.3‑401.5
Drug felonies classified - presumptive and aggravated penalties - legislative intent 18‑1.3‑402
Felony offenses not classified 18‑1.3‑403
Penalty for felony not fixed by statute - punishment 18‑1.3‑404
Duration of sentences for felonies 18‑1.3‑405
Credit for presentence confinement 18‑1.3‑406
Mandatory sentences for violent crimes - definitions 18‑1.3‑407
Sentences - youthful offenders - powers and duties of district court - authorization for youthful offender system - powers and duties of department of corrections - youthful offender system study - report - legislative declaration - definitions 18‑1.3‑407.5
Sentences - young adult offenders - youthful offender system - definitions 18‑1.3‑408
Determinate sentence of imprisonment imposed by court 18‑1.3‑409
Concurrent or consecutive sentences - court to clarify sentencing in mittimus 18‑1.3‑410
Fentanyl education and treatment program 18‑1.3‑501
Misdemeanors classified - drug misdemeanors and drug petty offenses classified - penalties - legislative intent - definitions 18‑1.3‑502
Duration of sentences for misdemeanors 18‑1.3‑503
Petty offense and civil infraction classified - penalties 18‑1.3‑504
Misdemeanors and petty offenses not classified 18‑1.3‑505
Penalty for misdemeanor not fixed by statute - punishment 18‑1.3‑506
Payment and collection of fines for class 1 or 2 misdemeanors, petty offenses, and civil infractions - release from incarceration 18‑1.3‑507
Community or useful public service - misdemeanors 18‑1.3‑507.5
Useful public service cash fund created 18‑1.3‑508
Definite sentence not void 18‑1.3‑509
Credit for time served on misdemeanor sentences 18‑1.3‑510
Fentanyl education and treatment program 18‑1.3‑601
Legislative declaration 18‑1.3‑602
Definitions 18‑1.3‑603
Assessment of restitution - corrective orders 18‑1.3‑701
Judgment of costs and fines - definitions 18‑1.3‑702
Monetary payments - due process required 18‑1.3‑703
Reimbursement of amounts paid following a vacated conviction or amended order for restitution - petition 18‑1.3‑704
Outstanding balances owed by juveniles - report - repeal 18‑1.3‑801
Punishment for habitual criminals 18‑1.3‑802
Evidence of former convictions - identity 18‑1.3‑803
Verdict of jury 18‑1.3‑804
Habitual burglary offenders - punishment - legislative declaration 18‑1.3‑901
Short title 18‑1.3‑902
Applicability of part 18‑1.3‑903
Definitions 18‑1.3‑904
Indeterminate commitment 18‑1.3‑905
Requirements before acceptance of a plea of guilty 18‑1.3‑906
Commencement of proceedings 18‑1.3‑907
Defendant to be advised of rights 18‑1.3‑908
Psychiatric examination and report 18‑1.3‑909
Report of probation department 18‑1.3‑910
Termination of proceedings 18‑1.3‑911
Evidentiary hearing 18‑1.3‑912
Findings of fact and conclusions of law 18‑1.3‑913
Appeal 18‑1.3‑914
Time allowed on sentence 18‑1.3‑915
Costs 18‑1.3‑916
Diagnostic center as receiving center 18‑1.3‑1001
Legislative declaration 18‑1.3‑1002
Short title 18‑1.3‑1003
Definitions 18‑1.3‑1004
Indeterminate sentence 18‑1.3‑1005
Parole - intensive supervision program 18‑1.3‑1006
Release from incarceration - parole - conditions 18‑1.3‑1007
Probation - intensive supervision program 18‑1.3‑1008
Probation - conditions - release 18‑1.3‑1009
Criteria for release from incarceration, reduction in supervision, and discharge 18‑1.3‑1010
Arrest of parolee or probationer - revocation 18‑1.3‑1011
Annual report 18‑1.3‑1012
Applicability of part 18‑1.3‑1101
Definitions 18‑1.3‑1102
Pretrial motion by defendant in class 1 felony case - determination whether defendant is mentally retarded or has an intellectual and developmental disability - procedure 18‑1.3‑1103
Mentally retarded defendant or defendant with an intellectual and developmental disability - death penalty not imposed 18‑1.3‑1104
Evaluation and report 18‑1.3‑1105
Evaluation at insistence of defendant 18‑1.3‑1201
Imposition of sentence in class 1 felonies - appellate review - applicability 18‑1.3‑1202
Death penalty inflicted by lethal injection 18‑1.3‑1203
Genetic testing prior to execution 18‑1.3‑1204
Implements - sentence executed by executive director 18‑1.3‑1205
Week of execution - warrant 18‑1.3‑1206
Execution - witnesses 18‑1.3‑1207
Record and certificate of execution 18‑1.3‑1301
Applicability of procedure for the imposition of sentences in class 1 felony cases 18‑1.3‑1302
Imposition of sentences in class 1 felonies for crimes committed on or after July 1, 1988, and prior to September 20, 1991 - appellate review - applicability 18‑1.3‑1401
Definitions 18‑1.3‑1402
Mental competency to be executed - presumptions 18‑1.3‑1403
Mental incompetency to be executed - filing of motion 18‑1.3‑1404
Mental incompetency to be executed - examination 18‑1.3‑1405
Mentally incompetent to be executed - untimely or successive motions 18‑1.3‑1406
Persons mentally incompetent to be executed - restoration to competency 18‑1.3‑1407
Appeal of determination of mental incompetency to be executed
Green check means up to date. Up to date

Current through Fall 2024

§ 18-1.3-702’s source at colorado​.gov