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 16-18.5-106.5 - Lottery winnings offset - restitution

(1)
(a)
The judicial department shall, on no less than a monthly basis, certify to the department of revenue information regarding any defendant who has been ordered to pay restitution pursuant to section
18-1.3-603
or
19-2.5-1104
.
(b)
The information described in paragraph (a) of this subsection (1) shall include the social security number of the person who is obligated to pay restitution and the amount of restitution due and owing. The department of revenue may request additional identifying information, as needed, from the judicial department in order to obtain an accurate data match pursuant to subsection (2) of this section.
(2)
(a)
Prior to the payment of lottery winnings required by rule and regulation of the Colorado lottery commission to be paid only at the lottery offices, the department of revenue shall check the social security number of each winner with those certified by the judicial department pursuant to subsection (1) of this section. If the name and associated social security number of a lottery winner appear among those certified, the department of revenue shall obtain the current address of the winner, shall suspend the payment of the winnings, and shall notify the judicial department. The notification shall include the name, home address, and social security number of the winner. The judicial department shall forward the notification to the court in which the lottery winner's restitution obligation is pending.
(b)
(I)
After receipt of the notification, the court shall notify the person that is obligated to pay restitution, in writing, that the state intends to offset the person's restitution obligation against his or her winnings from the state lottery. Such notification shall include information concerning the obligated person's right to object to the offset and to request an administrative review pursuant to the rules and regulations of the state court administrator.
(II)
The sole issues to be determined at the administrative review described in subparagraph (I) of this paragraph (b) shall be:
(A)
Whether the person is required to pay restitution pursuant to an order entered by a court of this state; and
(B)
The amount of restitution outstanding.
(3)
(a)
Except as otherwise provided in subsection (5) of this section, upon notification by the department of revenue of amounts deposited with the state treasurer pursuant to section
44-40-114
, and upon the transfer of the amounts by the state treasurer to the court in which the restitution obligation is pending, the court shall disburse the amounts in accordance with this subsection (3).
(b)
The clerk of the court shall apply the amounts toward the outstanding restitution balance owed in the criminal or juvenile case. The clerk shall distribute the remainder, if any, to the person against whom the restitution order was entered. The court shall notify the crime victim or victims of actions taken under this paragraph (b).
(4)
The state court administrator shall promulgate rules and regulations, subject to the approval of the supreme court, establishing procedures to implement this section including but not limited to the process by which a lottery winner may object to an offset against restitution in accordance with paragraph (b) of subsection (2) of this section.
(5)
If a lottery winner owes restitution in a criminal or juvenile case and also owes a child support debt or arrearages as described in section
26-13-118 (1)
, the lottery winnings offset described in sections
26-13-118
and
44-40-113 (6)
shall take priority and be applied first. Any remaining lottery winnings shall be disbursed and distributed in accordance with this section, section
44-40-113
, and section
44-40-114
.
(6)
The home addresses and social security numbers of persons subject to the state lottery winnings offset described in this section that are provided to the judicial department by the department of revenue shall be sent to the respective court.
Amended by 2021 Ch. 136, § 28, eff. 10/1/2021.
Amended by 2019 Ch. 238, § 2, eff. 8/2/2019.
Amended by 2018 Ch. 274, § 16, eff. 10/1/2018.
Amended by 2018 Ch. 31, § 8, eff. 10/1/2018.
L. 2003: Entire section added, p. 656, § 1, effective August 6; (3)(a) and (5) amended, p. 1275, § 71, effective August 6. L. 2004: (1)(a), (3)(b), and (5) amended, p. 1257, § 2, effective August 4. L. 2018: (3)(a) and (5) amended, (HB 18 -1027), ch. 363, p. 363, § 8, effective October 1; (3)(a) amended, (HB 18-1375), ch. 1699, p. 1699, § 16, effective October 1. L. 2019: (5) amended, (HB 19-1128), ch. 2358, p. 2358, § 2, effective August 2. L. 2021: (1)(a) amended, (SB 21-059), ch. 714, p. 714, § 28, effective October 1.