CO Code § 16-18-101 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 18 - Costs in Criminal Actions|§ 16-18-101. 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 determines he is unable to pay them.    The costs of preliminary hearings, including any reporters' transcripts thereof ordered by a defendant, shall be paid pursuant to subsection (1) of this section. Reporters' transcripts of preliminary hearings which are ordered by the prosecution shall be paid for by the prosecution, unless otherwise ordered by the court.    The department of corrections, from annual appropriations made by the general assembly, shall reimburse the county or counties in a judicial district for the costs of prosecuting any crime alleged to have been committed by a person in the custody of the department. The county or counties shall certify these costs to the department, and upon approval of the executive director of the department, the costs shall be paid. The provisions of this subsection (3) shall apply to costs that are not otherwise paid by the state.     History. Source: L. 1876: P. 53, § 1. G.L. § 349. G.S. § 422. L. 1889: P. 99, § 1. R.S. 08: § 1077. C.L. § 6593. CSA: C. 43, § 23. CRS 53: § 33-2-1 . L. 59: P. 342, § 1. C.R.S. 1963: § 33-2-1 . L. 71: P. 319, § 1. L. 77: (3) amended, p. 903, § 9, effective August 1. L. 79: (2) amended, p. 601, § 28, effective July 1.    ANNOTATION   Constitutionality. Statutes imposing liability for costs on a convicted defendant have been uniformly held to be constitutional. People v. Fisher, 189 Colo. 297 , 539 P.2d 1258 (1975).   Costs are a creature of statute unknown to the common law. At common law there were no costs. Bd. of County Comm'rs v. Wilson, 3 Colo. App. 492, 34 P. 265 (1893); Saunders v. People, 63 Colo. 241 , 165 P. 781 (1917).   Section protects defendant. The provisions of this section are wise and beneficent. They extend ample protection to an indigent defendant. They afford him every facility for making a legitimate defense. Bd. of County Comm'rs v. Wilson, 3 Colo. App. 492, 34 P. 265 (1893).   It refers to costs incurred by the prosecution and not those of the defendant. It is only in case of the conviction of the defendant and his inability to pay the costs, or of his acquittal, that costs are made a charge against the state; so that there is no difficulty in supposing that the costs referred to are the costs incurred by the prosecution, and not those incurred by the defendant. Bd. of County Comm'rs v. Wilson, 3 Colo. App. 492, 34 P. 265 (1893); Saunders v. People, 63 Colo. 241 , 165 P. 781 (1917).   Costs in criminal cases must be taxed according to law and not as per agreement between court and convict, or between the prosecuting officer and the convict. Murphy v. People, 3 Colo. 147 (1876).   The costs in a criminal case must be taxed according to statutes and not according to any plea agreement. People v. Fisher, 189 Colo. 297 , 539 P.2d 1258 (1975).   There is no limit to the amount of costs which may be incurred by the prosecution in a criminal case. This is left to the discretion of the prosecutor and the court. Parker v. People, 7 Colo. App. 56, 42 P. 172 (1895).   The general rule as to payment of costs may be avoided if the trial judge, in his discretion, determines that the defendant is unable to pay the costs. People v. Fisher, 189 Colo. 297 , 539 P.2d 1258 (1975).   Differs from determination of indigency. Whether a presumably innocent defendant is declared indigent for the purposes of appointing counsel before he is brought to trial involves different considerations than the question of whether a convicted defendant may be charged with the costs expended by the state to secure his conviction. People v. Fisher, 189 Colo. 297 , 539 P.2d 1258 (1975).   The sixth amendment of the constitution compels appointing counsel for indigent defendants but does not speak to whether convicted defendants of limited resources may be charged with the costs of their trial. People v. Fisher, 189 Colo. 297 , 539 P.2d 1258 (1975).   The expenses of obtaining the testimony of witnesses for an indigent defendant must be paid by the state. People v. McCabe, 37 Colo. App. 181, 546 P.2d 1289 (1975).   Arrest part of preliminary hearing. The arrest of one charged with crime under a capias issued by a justice, is part of the preliminary hearing before the magistrate. Bd. of County Comm'rs v. Camp, 48 Colo. 61 , 108 P. 972 (1910).   Applied in People v. Lowe, 60 P.3d 753 (Colo. App. 2002).