2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › COSTS - CRIMINAL ACTIONS (§§ 16-18-101 — 16-18.5-113) › Article 18.5 - RESTITUTION IN CRIMINAL ACTIONS (§§ 16-18.5-101 — 16-18.5-113) › Section 16-18.5-104 - Initial collections investigation - payment schedule

(1)
Orders for restitution shall be due and payable at the time that the order of conviction is entered. Unless the defendant is sentenced to the custody of the executive director of the department of corrections, if at the time that the court enters an order for restitution pursuant to section
18-1.3-603
, C.R.S., the defendant alleges that he or she cannot pay the full amount of restitution, the court shall direct that the defendant report immediately to the collections investigator.
(2)
The time payment fee established in section
16-11-101.6
shall be assessed, and the associated provisions of section
16-11-101.6
shall apply to cases in which restitution is not paid in full on the date that it is imposed. The fee shall be collected from the defendant after the defendant has satisfied all orders for restitution. All payments for the time payment fee shall be credited to the judicial collection enhancement fund created in section
16-11-101.6(2)
. In addition, reasonable costs incurred and collected by the state for restitution shall be credited to the fund.
(3)
(a)
Upon referral of a defendant pursuant to subsection (2) of this section, the collections investigator shall conduct an investigation into the financial ability of the defendant to pay the restitution ordered by the court. Such investigation may consist of but is not limited to:
(I)
Submission of written financial affidavits or disclosures of the defendant's personal, household, and business income, assets, and liabilities;
(II)
Submission to an oral examination of the defendant's financial circumstances;
(III)
Submission of books, papers, documents, or other tangible things related to the defendant's financial circumstances including but not limited to:
(A)
Payroll stubs;
(B)
Financial institution account statements;
(C)
Stock certificates;
(D)
Deeds, titles, or other evidence of ownership;
(E)
State and federal tax records; and
(F)
Insurance policies and statements;
(IV)
Research and verification of all oral and written statements made by the defendant.
(b)
In the case of a juvenile defendant, the collections investigator may conduct the investigation into the juvenile's parents' or legal guardian's financial circumstances as well as the juvenile's.
(c)
For purposes of conducting the investigation required by this subsection (3), the collections investigator shall have access to data maintained by other state agencies including but not limited to wage data, employment data, and income tax data. The judicial department and any other departments are authorized to enter into agreements for the sharing of such data.
(d)
Notwithstanding the provisions of article
72
of title
24
, C.R.S., documents and information obtained by the collections investigators pursuant to this subsection (3) shall not be public records, but shall be open to public inspection only upon an order of the court based on a finding of good cause. Documents and information obtained by the collection investigators may be made available to the victim and to any private collection agency or third party with whom the judicial department may contract for the collection of past due restitution. In addition, if any warrant is issued for the arrest of any defendant due to nonpayment of restitution, information concerning the defendant's address and place of employment may be shared with a criminal justice agency.
(4)
(a)
(I)
Following the investigation described in subsection (3) of this section, the collections investigator shall establish a payment schedule and direct that the defendant:
(A)
Pay the full amount ordered immediately;
(B)
Pay the full amount ordered as a single payment on a specified date; or
(C)
Pay the full amount ordered in specified partial amounts on specified dates.
(II)
The collections investigator may ask the court to enter the payment schedule as an order of court.
(b)
In addition to the payments required by paragraph (a) of this subsection (4), the collections investigator may direct that:
(I)
If the defendant is unemployed, the defendant seek gainful employment and report to the investigator on such efforts by a specified date;
(II)
The defendant shall not incur additional debt or financial obligation without the approval of the collections investigator, which approval shall not be unreasonably withheld; or
(III)
The defendant promptly report to the collections investigator any changes in income, assets, or other financial circumstances.
(5)
Following the investigation required by subsection (3) of this section, the collections investigator may also:
(a)
(I)
Record a transcript of the order for restitution in the real estate records in the office of the clerk and recorder of any county in which the defendant holds an interest in real property. From the time of the recording of the transcript, there shall be a lien that is an encumbrance in favor of the state or the victim, or an assignee of the state or the victim, and shall encumber any interest of the defendant in real property in such county.
(II)
(A)
The lien created by this paragraph (a) shall remain in effect until all amounts of restitution, including interest, costs, time payment fees, and late fees are paid or for a period of twenty years after the recording of the transcript. So long as there is an amount still owing, the collections investigator or the victim or the assignee of the state or the victim may record a new transcript of the order of restitution. Any transcript of the order for restitution recorded pursuant to this subparagraph (II) prior to the expiration of the twenty-year period shall relate back to the date of the recording of the original transcript of the order for restitution and shall be valid for a period of twenty years after the recording of the subsequent transcript. More than one subsequent transcript shall be permitted.
(B)
Within twenty-one days after the payment of all such amounts of restitution, the collections investigator or the victim, or the assignee of the state or the victim, shall record a certificate of satisfaction of judgment issued by the clerk of the court with each clerk and recorder where a transcript was recorded. The satisfaction of judgment shall be conclusive evidence that the lien was extinguished.
(III)
The collections investigator and the victim shall be exempt from the payment of recording fees charged by the clerk and recorder for the recording of the transcripts and satisfactions of judgment.
(b)
(I)
File a transcript of the order for restitution with the secretary of state. From the time of the filing of the transcript, there shall be a lien that is an encumbrance in favor of the state or the victim, or an assignee of the state or the victim, and shall encumber any interest of the defendant in any personal property.
(II)
The lien created by this paragraph (b), shall remain in effect without the necessity of renewal for twelve years or until all amounts of restitution, including interest, costs, time payment fees, and late fees are paid. Within twenty-one days after the payment of all such amounts of restitution, the collections investigator or the victim, or the assignee of the state or the victim, shall file a satisfaction of judgment with the secretary of state. The satisfaction of judgment shall be conclusive evidence that the lien was extinguished.
(III)
The collections investigator and the victim shall be exempt from the payment of filing fees charged by the secretary of state.
(c)
(I)
File a transcript of the order for restitution with the authorized agent as defined in section
42-6-102
(1.5). From the time of the filing of the transcript, there shall be a lien that is an encumbrance in favor of the state or the victim, or an assignee of the state or the victim, and shall encumber any interest of the defendant in a motor vehicle. In order for such lien to be effective as a valid lien against a motor vehicle, the state or the victim, or the assignee of the state or the victim, shall have such lien filed for public record and noted on the owner's certificate of title in the manner provided in sections
42-6-121
and
42-6-129
.
(II)
The lien created by this paragraph (c), shall remain in effect for the same period of time as any other lien on motor vehicles as specified in section
42-6-127
, C.R.S., or until all amounts of restitution, including interest, costs, time payment fees, and late fees are paid, whichever occurs first. A lien created pursuant to this paragraph (c) may be renewed pursuant to section
42-6-127
, C.R.S. Within twenty-one days after the payment of all such amounts of restitution, the collections investigator or the victim or the assignee of the state or the victim shall release the lien pursuant to the procedures specified in section
42-6-125
, C.R.S. When a lien created by this paragraph (c) is released, the authorized agent and the executive director of the department of revenue shall proceed as provided in section
42-6-126
, C.R.S.
(III)
The collections investigator and the victim shall not be exempt from the payment of filing fees charged by the authorized agent for the filing of either the transcript of order or the release of lien. However, the state or the victim, or the assignee of the state or the victim, may add the amount of the filing fees to the lien amount and collect the amount from the defendant.
Amended by 2017 Ch. 264,§ 35, eff. 5/25/2017.
L. 2000: Entire article added, p. 1034, § 1, effective September 1. L. 2002: (1) amended, p. 1499, § 154, effective October 1. L. 2003: (5)(b) amended, p. 1673, § 9, effective July 1. L. 2011: (2) amended, (HB 11-1076), ch. 178, p. 679, §2, effective July 1. L. 2012: (5)(a)(II)(B), (5)(b)(II), and (5)(c)(II) amended, (SB 12-175), ch. 208, p. 860, § 96, effective July 1. L. 2017: (5)(c)(I) amended, (SB 17-294), ch. 264, p. 1392, § 35, effective May 25.
For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.