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 16-18.5-106 - Restitution for persons sentenced to the department of corrections

(1)
Whenever a person is sentenced to the department of corrections, the department of corrections is authorized to conduct an investigation into the financial circumstances of the defendant, as described in section
16-18.5-104 (3)
, for purposes of determining the defendant's ability to pay court ordered costs, surcharges, restitution, time payment fees, late fees, and other fines, fees, or surcharges pursuant to section
16-18.5-110
.
(2)
During any period of time that a defendant is a state inmate, as defined in section
17-1-102 (8)
, C.R.S., the executive director of the department of corrections, or his or her designee, may fix the time and manner of payment for court ordered costs, surcharges, restitution, time payment fees, late fees, and any other fines, fees, or surcharges pursuant to section
16-18.5-110
resulting from a criminal case or for child support, and may direct that a portion of the deposits into such inmate's bank account be applied to any outstanding balance existing before, on, or after September 1, 2000. At a minimum, the executive director shall order that twenty percent of all deposits into an inmate's bank account, including deposits for inmate pay shall be deducted and paid toward any outstanding order from a criminal case or for child support. If an inmate owes money on more than one order from a criminal case or for child support, the executive director may equitably apportion payments among the outstanding obligations.
(2.5)
(a)
The department of corrections shall intercept government windfall payments before the government windfall payments are made available in an inmate's bank account. The department of corrections shall send funds from intercepted government windfall payments to the judicial department in an amount equal to any amount owed by the inmate pursuant to section
16-18.5-110
. The judicial department shall then disperse the funds in accordance with section
16-18.5-110
. The department of corrections shall disperse any remaining funds in accordance with section
16-18.5-106
. If any funds remain after all of the inmate's outstanding obligations are fulfilled, the excess funds must be placed in the inmate's bank account.
(b)
As used in this subsection (2.5), "government windfall payment" means an unusual payment from a governmental entity to an inmate in the department of corrections and includes economic stimulus payments and any other unusual government payments. "Government windfall payment" does not include payments to inmates for wages, pensions, disability payments, child support, tuition, restitution, and victim compensation.
(3)
Whenever a defendant is released from a correctional facility, the defendant shall be obligated to make payments for restitution as required by section
17-2-201 (5)(c)(I)
, C.R.S.
(4)
The department of corrections may enter into a memorandum of understanding with the judicial department or contract with a private collection agency for the collection of court ordered costs, surcharges, restitution, time payment fees, late fees, and any other fines, fees, or surcharges pursuant to section
16-18.5-110
from defendants sentenced to the department of corrections or released on parole.
Amended by 2022 Ch. 263, § 4, eff. 8/10/2022.
L. 2000: Entire article added, p. 1039, § 1, effective September 1. L. 2002: (1), (2), and (4) amended, p. 67, § 1, effective March 22; (2) amended, p. 1016, § 20, effective June 1.
Amendments to subsection (2) by Senate Bill 02-159 and Senate Bill 02-140 were harmonized.
2022 Ch. 263, was passed without a safety clause. See Colo. Const. art. V, § 1(3).