(1) Every order of conviction of a felony, misdemeanor, petty, 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:
An order of a specific amount of restitution be paid by the defendant;
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;
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
Contain a specific finding that no victim of the crime suffered a pecuniary loss andtherefore no order for the payment of restitution is being entered.
The court shall base its order for restitution upon information presented to the courtby 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.
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:
With the consent of the prosecuting attorney and the victim or victims to whom therestitution is owed; or
If the defendant has otherwise compensated the victim or victims for the pecuniarylosses suffered.
(4) (a) (I) Any order for restitution entered pursuant to this section is a final civil judgment in favor of the state and any victim. Notwithstanding any other civil or criminal statute or rule, any such judgment remains in force until the restitution is paid in full. The provisions of article 18.5 of title 16, C.R.S., apply notwithstanding the termination of a deferred judgment and sentence or a deferred adjudication, the entry of an order of expungement pursuant to section 191-306, C.R.S., or an order to seal entered pursuant to part 7 of article 72 of title 24, C.R.S.
(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:
Except as provided in subsection (4)(b.5) of this section, the defendant owes simpleinterest from the date of the entry of the order at the rate of eight percent per annum; and
The defendant owes all reasonable and necessary attorney fees and costs incurred incollecting such order due to the defendant's nonpayment.
(b.5) (I) Interest on an order for restitution does not accrue while:
The defendant is serving a sentence in a correctional facility operated by or undercontract with the department of corrections located within the state; or
The defendant is in a juvenile delinquency case and is under twenty-one years ofage.
(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.
The entry of an order for restitution under this section creates a lien by operation oflaw against the defendant's personal property and any interest that the defendant may have in any personal property.
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.
The clerk of the court is authorized to adjust the unpaid balance in the case uponproof 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.
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.
Any amount paid to a victim under an order of restitution shall be set off against anyamount later recovered as compensatory damages by such victim in any federal or state civil proceeding.
When a person's means of identification or financial information was used withoutthat 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.
(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:
A complying policy of insurance or certificate of self-insurance as required by thelaws of this state;
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
Any other insurance or indemnity agreement that would indemnify the defendantfor any damages sustained by the victim.
(c) (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) (A) A court may award a victim restitution for a deductible amount under his or her policy of insurance.
(B) (Deleted by amendment, L. 2004, p. 904, § 28, effective May 21, 2004.)
(d) (I) (Deleted by amendment, L. 2004, p. 904, § 28, effective May 21, 2004.)
(II) Nothing in this paragraph (d) shall prohibit a nonowner driver or passenger in the vehicle from being awarded restitution if the driver or passenger was not covered by his or her own medical payments coverage policy.
(e) (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.
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.
The provisions of this subsection (8) shall not preclude the court, pursuant to article4.1 of title 24, C.R.S., from ordering restitution to reimburse an expenditure made by a victim compensation fund.
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.
(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:
A list of the amount of money paid to each provider; or
If the identity or location of a provider would pose a threat to the safety or welfare ofthe victim, summary data reflecting what total payments were made for:
Medical and dental expenses;
Funeral or burial expenses;
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.
Source: L. 2002: Entire article added with relocations, p. 1421, § 2, effective October 1.
L. 2003: (8) added, p. 1048, § 1, effective September 1. L. 2004: (8)(c)(I), (8)(c)(II)(B), and (8)(d) amended, p. 904, § 28, effective May 21. L. 2012: (1)(b) and (2) amended, (SB 12-175), ch. 208, p. 866, § 112, effective July 1. L. 2013: (7) amended, (HB 13-1146), ch. 43, p. 119, § 2, effective March 15. L. 2014: (4)(a) amended, (HB 14-1035), ch. 21, p. 152 , § 2, effective March 7; (9) added, (HB 14-1273), ch. 282, p. 1150, § 2, effective July 1. L. 2015: (10) added, (HB 151035), ch. 60, p. 147, § 6, effective March 30. L. 2016: (4)(a), IP(4)(b), and (4)(b)(I) amended and (4)(e) added, (SB 16-065), ch. 277, p. 1142, § 1, effective July 1. L. 2019: (4)(b)(I) amended and (4)(b.5) added, (HB 19-1310), ch. 303, p. 2778, § 1, effective July 1.
Editor's note: (1) This section is similar to former § 16-18.5-103 as it existed prior to 2002.
(2) Section 5 of chapter 277 (SB 16-065), Session Laws of Colorado 2016, provides that changes to this section by the act apply to orders entered on or after July 1, 2016, and to existing instances or future instances in which an offender's death certificate has been presented to the clerk of the court or the court collections investigator.