CO Code § 24-4.2-104 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 4.2 - Assistance to Victims of and Witnesses to Crimes and Aid to Law Enforcement Act|§ 24-4.2-104. Surcharges Levied on Criminal Actions and Traffic Offenses

      A surcharge equal to thirty-seven percent of the fine imposed for each felony, misdemeanor, or class 1 or class 2 misdemeanor traffic offense, or a surcharge of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic offenses, whichever amount is greater, except as otherwise provided in paragraph (b) of this subsection (1), is hereby levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102, C.R.S., which criminal action is charged pursuant to state statute, or upon each petition alleging that a child is delinquent that results in a finding of guilty pursuant to part 8 of article 2 of title 19, C.R.S., or a deferral of adjudication pursuant to section 19-2-709, C.R.S. These surcharges shall be paid to the clerk of the court by the defendant. Each clerk shall transmit the moneys to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district. (1) (a) (I) A surcharge equal to thirty-seven percent of the fine imposed for each felony, misdemeanor, or class 1 or class 2 misdemeanor traffic offense, or a surcharge of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic offenses, whichever amount is greater, except as otherwise provided in paragraph (b) of this subsection (1), is hereby levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102, C.R.S., which criminal action is charged pursuant to state statute, or upon each petition alleging that a child is delinquent that results in a finding of guilty pursuant to part 8 of article 2 of title 19, C.R.S., or a deferral of adjudication pursuant to section 19-2-709, C.R.S. These surcharges shall be paid to the clerk of the court by the defendant. Each clerk shall transmit the moneys to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.    (A) In addition to any other surcharge provided for in this section, a surcharge of one thousand three hundred dollars shall be levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102, C.R.S., which criminal action is charged pursuant to the statutes listed in sub-subparagraph (B) of this subparagraph (II). These surcharges shall be paid to the clerk of the court by the defendant. Any moneys collected by the clerk pursuant to this subparagraph (II) shall be transmitted to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.         A surcharge shall be levied against a penalty assessment imposed for a violation of a class A or class B traffic infraction or class 1 or class 2 misdemeanor traffic offense pursuant to section 42-4-1701, C.R.S. The amount of such surcharge shall be one half of the amount specified in the penalty and surcharge schedule in section 42-4-1701 (4), C.R.S., or, if no amount is specified, thirty-seven percent of the penalty imposed. All moneys collected by the department of revenue pursuant to this subparagraph (I) shall be transmitted to the court administrator of the judicial district in which the infraction occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district as provided in section 42-1-217, C.R.S. Surcharges paid to the clerk of the court pursuant to this subparagraph (I) shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district. (b) (I) A surcharge shall be levied against a penalty assessment imposed for a violation of a class A or class B traffic infraction or class 1 or class 2 misdemeanor traffic offense pursuant to section 42-4-1701, C.R.S. The amount of such surcharge shall be one half of the amount specified in the penalty and surcharge schedule in section 42-4-1701 (4), C.R.S., or, if no amount is specified, thirty-seven percent of the penalty imposed. All moneys collected by the department of revenue pursuant to this subparagraph (I) shall be transmitted to the court administrator of the judicial district in which the infraction occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district as provided in section 42-1-217, C.R.S. Surcharges paid to the clerk of the court pursuant to this subparagraph (I) shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.    A surcharge shall be levied against all penalty assessments issued pursuant to section 33-6-104, C.R.S., in an amount equal to thirty-seven percent of the penalty imposed. Any moneys collected by the division of parks and wildlife pursuant to this subparagraph (II) shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.       All calculated surcharge amounts resulting in dollars and cents shall be rounded down to the nearest whole dollar. The surcharge levied by this section may not be suspended or waived by the court unless the court determines that the defendant is indigent.    The surcharges levied pursuant to this subsection (1) are separate and distinct from costs levied pursuant to section 24-4.1-119 for the crime victim compensation fund. (1.5) Repealed.       The provisions of sections 18-1.3-701 and 18-1.3-702, C.R.S., shall be applicable to the collection of costs levied pursuant to this section.     Source: L. 84: Entire article added, p. 662, § 22, effective July 1. L. 85: (1)(a) amended and (1)(b) R&RE, pp. 795, 796, §§ 2, 3, effective July 1. L. 86: (1)(b)(I) amended, p. 1193, § 3, effective July 1. L. 87: (1) amended, p. 1497, § 7, effective July 1. L. 90: (1)(a) and (1)(c) amended, p. 1181, § 5, effective July 1. L. 91: (1)(a) and (1)(b)(I) amended, p. 241, § 1, effective July 1. L. 93: (1)(a)(I) and (1)(a)(II) amended, pp. 2053, 2054, §§ 4, 5, effective June 9. L. 94: (1)(b)(I) amended, p. 2555, § 52, effective January 1, 1995. L. 96: (1)(a)(I) amended, p. 1695, § 36, effective January 1, 1997. L. 97: (1)(a)(II)(B) amended, p. 1547, § 21, effective July 1. L. 2000: (1)(a)(II)(B) amended, p. 707, § 35, effective July 1. L. 2002: (1)(a)(I), (1)(a)(II)(A), and (2) amended, p. 1530, § 241, effective October 1. L. 2003: (1)(a)(I), (1)(a)(II)(A), and (1)(b)(I) amended, p. 1542, § 2, effective May 1. L. 2007: (1)(a)(I), (1)(a)(II)(A), and (1)(b)(I) amended and (1.5) added, p. 1112, § 3, effective July 1. L. 2010: (1)(a)(II)(B) amended, (SB 10-140), ch. 156, p. 540, § 12, effective April 21. L. 2014: (1)(a)(II)(B) amended, (HB 14-1273), ch. 282, p. 1157, § 24, effective July 1.   Editor's note: Subsection (1.5)(b) provided for the repeal of subsection (1.5), effective July 1, 2008. (SeeL. 2007, p. 1112.)   Cross references: (1) For additional costs imposed on criminal actions and traffic offenses, see § 24-4.1-119; for additional costs levied on alcohol- and drug-related traffic offenses, see §§ 42-4-1301 (7)(d) and (7)(g), 42-4-1301.4 (5), and 43-4-402.   (2) For the legislative declaration contained in the 2002 act amending subsections (1)(a)(I), (1)(a)(II)(A), and (2), see section 1 of chapter 318, Session Laws of Colorado 2002.   ANNOTATION   Assessment of surcharges pursuant to subsection (1)(a)(II) does not violate the prohibition against ex post facto laws since the statute's effective date predates the date of the offenses with which the defendant was charged. People v. Bowring, 902 P.2d 911 (Colo. App. 1995).   Imposition of two surcharges for conviction does not violate the prohibition against double jeopardy. The surcharge created by subsection (1)(a)(II)(A) and the surcharge created by § 18-21-103 (1)(c) may both be applied to the conviction for second degree sexual assault. People v. Thien Van Vo, 932 P.2d 849 (Colo. App. 1996).   Costs are not a form of punishment but are essentially civil and are not traditionally considered to be punishment, and the imposition of costs generally does not serve the goals of retribution and deterrence. People v. Howell, 64 P.3d 894 (Colo. App. 2002); People v. McQuarrie, 66 P.3d 181 (Colo. App. 2002).   The surcharges levied pursuant to this section apply to juvenile cases as well as those cases against adults. People in Interest of T.C.C.,2017 COA 138, 410 P.3d 805.   Only the court can waive surcharges levied pursuant to this section. People in Interest of T.C.C.,2017 COA 138, 410 P.3d 805.   Indigence is the only circumstance in which surcharges may be waived. People in Interest of T.C.C.,2017 COA 138, 410 P.3d 805.   Court erred in allowing probation department to determine whether to waive costs and surcharges based on defendant's behavior. The absence of language prohibiting a fee waiver for good behavior does not permit such a waiver. People in Interest of T.C.C.,2017 COA 138, 410 P.3d 805.   A district court has no authority to collect the fee imposed pursuant to subsection (1)(a)(I) after the completion of a deferred sentence and dismissal of the underlying charges. Pineda-Liberato v. People, 2017 CO 95, 403 P.3d 160.