2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.3 - SENTENCING IN CRIMINAL CASES (§§ 18-1.3-101 — 18-1.3-1407) › Part 6 - RESTITUTION (§§ 18-1.3-601 — 18-1.3-603) › Section 18-1.3-602 - Definitions

As used in this part 6, unless the context otherwise requires:
(1)
"Collections investigator" means a person employed by the judicial department whose primary responsibility is to administer, enforce, and collect on court orders or judgments entered with respect to fines, fees, restitution, or any other accounts receivable of the court, judicial district, or judicial department.
(2)
"Conviction" means a verdict of guilty by a judge or jury or a plea of guilty or nolo contendere that is accepted by the court for a felony, misdemeanor, petty offense, or traffic misdemeanor offense, or adjudication for an offense that would constitute a criminal offense if committed by an adult. "Conviction" also includes having received a deferred judgment and sentence or deferred adjudication; except that a person shall not be deemed to have been convicted if the person has successfully completed a deferred sentence or deferred adjudication.
(2.2)
"Critical stages" means the stages of the criminal justice process as described in section
24-4.1-302(2)
.
(2.3)
"Money advanced by a governmental agency for a service animal" means costs incurred by a peace officer, law enforcement agency, fire department, fire protection district, or governmental search and rescue agency for the veterinary treatment and disposal of a service animal that was harmed while aiding in official duties and for the training of an animal to become a service animal to replace a service animal that was harmed while aiding in official duties, as applicable.
(2.5)
Repealed.
(3)
(a)
"Restitution" means any pecuniary loss suffered by a victim and includes but is not limited to all out-of-pocket expenses, interest, loss of use of money, anticipated future expenses, rewards paid by victims, money advanced by law enforcement agencies, money advanced by a governmental agency for a service animal, adjustment expenses, and other losses or injuries proximately caused by an offender's conduct and that can be reasonably calculated and recompensed in money. "Restitution" does not include damages for physical or mental pain and suffering, loss of consortium, loss of enjoyment of life, loss of future earnings, or punitive damages.
(a.5)
"Restitution" includes, for a person convicted of assault in the first, second, or third degree, as described in section
18-3-202
,
18-3-203
, or
18-3-204
, all or any portion of the financial obligations of medical tests performed on and treatment prescribed for a victim, peace officer, firefighter, emergency medical care provider, or emergency medical service provider.
(b)
"Restitution" may also include extraordinary direct public and all private investigative costs.
(c)
(I)
"Restitution" shall also include all costs incurred by a government agency or private entity to:
(A)
Remove, clean up, or remediate a place used to manufacture or attempt to manufacture a controlled substance or which contains a controlled substance or which contains chemicals, supplies, or equipment used or intended to be used in the manufacturing of a controlled substance;
(B)
Store, preserve, or test evidence of a controlled substance violation; or
(C)
Sell and provide for the care of and provision for an animal disposed of under the animal cruelty laws in accordance with part 2 of article
9
of this title or article
42
of title
35
, C.R.S.
(II)
Costs under this paragraph (c) shall include, but are not limited to, overtime wages for peace officers or other government employees, the operating expenses for any equipment utilized, and the costs of any property designed for one-time use, such as protective clothing.
(d)
"Restitution" shall also include costs incurred by a governmental agency or insurer that provides medical benefits, health benefits, or nonmedical support services directly related to a medical or health condition to a victim for losses or injuries proximately caused by an offender's conduct, including but not limited to costs incurred by medicaid and other care programs for indigent persons.
(3.5)
"Service animal" means any animal, the services of which are used to aid the performance of official duties by a peace officer, law enforcement agency, fire department, fire protection district, or governmental search and rescue agency.
(3.7)
"Travel expenses" means expenses incurred by airplane, train, bus, or car travel, including baggage fees incurred by travel expenses; fares for transportation to and from the airport, train station, bus station, or hotel to the court proceeding or secure site; rental car expenses or the cost of operating a personal vehicle equal to the latest published rates from the United States general services administration for government employees, as determined pursuant to
5 U.S.C. 5701
et seq., as amended; and meal and lodging per diem equal to the latest published rates from the United States general services administration for government employees, as determined pursuant to
5 U.S.C. 5701
et seq., as amended.
(4)
(a)
"Victim" means any person aggrieved by the conduct of an offender and includes but is not limited to the following:
(I)
Any person against whom any felony, misdemeanor, petty, or traffic misdemeanor offense has been perpetrated or attempted;
(II)
Any person harmed by an offender's criminal conduct in the course of a scheme, conspiracy, or pattern of criminal activity;
(III)
Any person who has suffered losses because of a contractual relationship with, including but not limited to, an insurer, or because of liability under section
14-6-110
, C.R.S., for a person described in subparagraph (I) or (II) of this paragraph (a);
(IV)
Any victim compensation board that has paid a victim compensation claim;
(V)
If any person described in subparagraph (I) or (II) of this paragraph (a) is deceased or incapacitated, the person's spouse, parent, legal guardian, natural or adopted child, child living with the victim, sibling, grandparent, significant other, as defined in section
24-4.1-302(4)
, C.R.S., or other lawful representative;
(VI)
Any person who had to expend resources for the purposes described in paragraphs (b), (c), and (d) of subsection (3) of this section.
(b)
"Victim" shall not include a person who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan as defined under the law of this state or of the United States.
(c)
Any "victim" under the age of eighteen is considered incapacitated, unless that person is legally emancipated or the court orders otherwise.
(d)
It is the intent of the general assembly that this definition of the term "victim" shall apply to this part 6 and shall not be applied to any other provision of the laws of the state of Colorado that refers to the term "victim".
(e)
Notwithstanding any other provision of this section, "victim" includes a person less than eighteen years of age who has been trafficked by an offender, as described in section
18-3-503
or
18-3-504
.
Amended by 2022 Ch. 263,§2, eff. 8/10/2022.
Amended by 2016 Ch. 304,§2, eff. 7/1/2016.
Amended by 2014 Ch. 282,§16, eff. 7/1/2014.
Amended by 2013 Ch. 272,§7, eff. 7/1/2013.
L. 2002: Entire article added with relocations, p. 1420, § 2, effective October 1. L. 2003: (2) and (3)(a) amended and (2.5) added, p. 1049, § 2, effective September 1. L. 2004: (2.5) repealed, p. 904, § 27, effective May 21. L. 2005: (2.3) and (3.5) added and (3)(a) amended, p. 192, § 1, effective July 1; (3)(c) and (4)(a)(VI) added, p. 1498, §§ 1, 2, effective July 1. L. 2006: (3)(c)(I) amended, p. 895, § 4, effective August 7. L. 2012: (4)(e) added, (HB 12-1151), ch. 174, p. 626, § 8, effective August 8. L. 2013: (3)(d) added and (4)(a)(VI) amended, (SB 13-229), ch. 272, p. 1429, § 7, effective July 1. L. 2014: (4)(e) amended, (HB 14-1273), ch. 282, p. 1154, § 16, effective July 1. L. 2016: (3)(a.5) added, (HB 16-1393), ch. 304, p. 1225, § 2, effective July 1.
This section is similar to former § 16-18.5-102 as it existed prior to 2002.
2022 Ch. 263, was passed without a safety clause. See Colo. Const. art. V, § 1(3).