reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT (§§ 16-14-101 — 16-14-108) › Article 14 - UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT (§§ 16-14-101 — 16-14-108) › Section 16-14-101 - Short title

This article shall be known and may be cited as the "Uniform Mandatory Disposition of Detainers Act".
L. 69: p. 292, § 8. C.R.S. 1963: § 39-23-8.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT (§§ 16-14-101 — 16-14-108) › Article 14 - UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT (§§ 16-14-101 — 16-14-108) › Section 16-14-102 - Request for disposition of untried complaint or information

(1)
Any person who is in the custody of the department of corrections pursuant to section
16-11-301
or parts 8 and 9 of article
1.3
of title
18
, C.R.S., may request final disposition of any untried indictment, information, or criminal complaint pending against him in this state. The request shall be in writing addressed to the court in which the indictment, information, or criminal complaint is pending and to the prosecuting official charged with the duty of prosecuting it and shall set forth the place of confinement.
(2)
It is the duty of the superintendent of the institution where the prisoner is confined to promptly inform each prisoner, in writing, of the source and nature of any untried indictment, information, or criminal complaint against him of which the superintendent has knowledge, and of the prisoner's right to make a request for final disposition thereof.
(3)
Failure of the superintendent of the institution where the prisoner is confined to inform a prisoner, as required by subsection (2) of this section, within one year after a detainer from this state has been filed with the institution where the prisoner is confined shall entitle the prisoner to a dismissal with prejudice of the indictment, information, or criminal complaint.
L. 69: p. 291, § 8. C.R.S. 1963: § 39-23-1. L. 76: (2) and (3) amended, p. 532, § 7, effective April 9. L. 77: (1) amended, p. 902, § 6, effective August 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT (§§ 16-14-101 — 16-14-108) › Article 14 - UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT (§§ 16-14-101 — 16-14-108) › Section 16-14-103 - Duties of superintendent upon delivery of request

(1)
Any request made pursuant to section
16-14-102
shall be delivered to the superintendent where the prisoner is confined who shall forthwith:
(a)
Certify the term of commitment under which the prisoner is being held, the time already served on the sentence, the time remaining to be served, the earned time earned, the time of parole eligibility of the prisoner, and any decisions of the state board of parole relating to the prisoner; and
(b)
Send, by registered mail, a copy of the request made by the prisoner and a copy of the information certified under paragraph (a) of this subsection (1) to both the court having jurisdiction of the untried offense and to the prosecuting official charged with the duty of prosecuting the offense.
L. 69: p. 291, § 8. C.R.S. 1963: § 39-23-2. L. 76: IP(1) amended, p. 532, § 8, effective April 9. L. 90: (1)(a) amended, p. 954, § 21, effective June 7.
For provisions concerning good time and parole, see article 22.5 of title 17.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT (§§ 16-14-101 — 16-14-108) › Article 14 - UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT (§§ 16-14-101 — 16-14-108) › Section 16-14-104 - Trial or dismissal

(1)
Within one hundred eighty-two days after the receipt of the request by the court and the prosecuting official, or within such additional time as the court for good cause shown in open court may grant, the prisoner or the prisoner's counsel being present, the indictment, information, or criminal complaint shall be brought to trial; but the parties may stipulate for a continuance or a continuance may be granted on notice to the prisoner's attorney and opportunity to be heard. If, after such a request, the indictment, information, or criminal complaint is not brought to trial within that period, no court of this state shall any longer have jurisdiction thereof, nor shall the untried indictment, information, or criminal complaint be of any further force or effect, and the court shall dismiss it with prejudice.
(2)
Any prisoner who requests disposition pursuant to section
16-14-102
may waive the right to disposition within the time specified in subsection (1) of this section by express waiver on the record after full advisement by the court. If a prisoner makes said waiver, the time for trial of the indictment, information, or criminal complaint shall be extended as provided in section
18-1-405(4)
, C.R.S., concerning waiver of the right to speedy trial.
L. 69: p. 291, § 8. C.R.S. 1963: § 39-23-3. L. 95: Entire section amended, p. 463, § 7, effective July 1. L. 2004: (1) amended, p. 1377, § 1, effective July 1. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 859, § 94, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT (§§ 16-14-101 — 16-14-108) › Article 14 - UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT (§§ 16-14-101 — 16-14-108) › Section 16-14-105 - Escape voids request

Escape from custody by any prisoner subsequent to his execution of a request for final disposition of an untried indictment, information, or criminal complaint shall void the request.
L. 69: p. 292, § 8. C.R.S. 1963: § 39-23-4.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT (§§ 16-14-101 — 16-14-108) › Article 14 - UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT (§§ 16-14-101 — 16-14-108) › Section 16-14-106 - Article does not apply

The provisions of this article do not apply to any person determined to be mentally incompetent by a court of competent jurisdiction.
L. 69: p. 292, § 8. C.R.S. 1963: § 39-23-5. L. 75: Entire section amended, p. 926, § 27, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT (§§ 16-14-101 — 16-14-108) › Article 14 - UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT (§§ 16-14-101 — 16-14-108) › Section 16-14-107 - Prisoners to be informed of provisions of article

The superintendent shall arrange for all prisoners under his care and control to be informed in writing of the provisions of this article and for a record thereof to be placed in each prisoner's file.
L. 69: p. 292, § 8. C.R.S. 1963: § 39-23-6. L. 76: Entire section amended, p. 532, § 9, effective April 9.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT (§§ 16-14-101 — 16-14-108) › Article 14 - UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT (§§ 16-14-101 — 16-14-108) › Section 16-14-108 - Construction of article

This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
L. 69: p. 292, § 8. C.R.S. 1963: § 39-23-7.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › WIRETAPPING AND EAVESDROPPING (§§ 16-15-101 — 16-15-104) › Article 15 - WIRETAPPING AND EAVESDROPPING (§§ 16-15-101 — 16-15-104) › Section 16-15-103 - Order may direct others to furnish assistance

An order authorizing the interception of a wire, oral, or electronic communication shall, upon request of the applicant, direct that a provider of wire or electronic communication service shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider is according the person whose communications are to be intercepted. Any provider of wire or electronic communication service furnishing these facilities or technical assistance shall be compensated therefor by the applicant for reasonable expenses incurred in providing such facilities or assistance.
L. 72: p. 271, § 3. C.R.S. 1963: § 39-24-3. L. 88: Entire section amended, p. 690, § 3, effective May 29.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › WIRETAPPING AND EAVESDROPPING (§§ 16-15-101 — 16-15-104) › Article 15 - WIRETAPPING AND EAVESDROPPING (§§ 16-15-101 — 16-15-104) › Section 16-15-104 - Reports to state court administrator and attorney general

(1)
All courts having jurisdiction to issue orders under section
16-15-102
shall submit to the state court administrator reports, as prescribed by the chief justice of the supreme court of Colorado, on the number of applications for orders permitting wiretapping or eavesdropping, whether the applications were granted or denied, the period for which an interception was authorized, and whether any extensions were granted on the original order.
(2)
(Deleted by amendment, L. 98, p. 726, § 6, effective May 18, 1998.)
(3)
District attorneys shall report annually to the attorney general information as to the number of applications made for orders permitting the interception of wire, oral, or electronic communications; the offense specified in the order or application; the nature of the facilities from which, or the place where, communications were to be intercepted; a general description of the interceptions made under any order or extension, including the nature and frequency of incriminating communications intercepted, the nature and frequency of other communications intercepted, the number of persons whose communications were intercepted, and the nature, amount, and cost of the manpower and other resources used in the interceptions; the number of arrests resulting from interceptions made under such order or extension and the offenses for which arrests were made; the number of motions to suppress made with respect to such interceptions and the number granted or denied; the number of convictions resulting from the interceptions and the offenses for which the convictions were obtained; and a general assessment of the importance of the interceptions. These reports shall be submitted to the attorney general by February 1 of each year and shall include all orders and applications made during the preceding year.
(4)
Repealed.
L. 72: p. 271, § 3. C.R.S. 1963: § 39-24-4. L. 88: (3) amended, p. 690, § 4, effective May 29. L. 98: (2) and (4) amended, p. 726, § 6, effective May 18. L. 2001: (4) repealed, p. 1175, § 2, effective August 8.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CRIMINAL ACTIVITY INFORMATION (§§ 16-15.5-101 — 16-15.8-101) › Article 15.5 - FORMAL REQUESTS FOR CRIMINAL ACTIVITY INFORMATION FROM PUBLIC UTILITIES (§§ 16-15.5-101 — 16-15.5-102) › Section 16-15.5-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Life-threatening situation" means a circumstance in which a person is causing or has caused or is threatening to cause serious bodily injury to another person or persons, including a situation in which a person has taken another person or persons hostage.
L. 90: Entire article added, p. 937, § 1, effective April 3.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CRIMINAL ACTIVITY INFORMATION (§§ 16-15.5-101 — 16-15.8-101) › Article 15.5 - FORMAL REQUESTS FOR CRIMINAL ACTIVITY INFORMATION FROM PUBLIC UTILITIES (§§ 16-15.5-101 — 16-15.5-102) › Section 16-15.5-102 - Formal written request for information relating to specific criminal activity

(1)
Except as otherwise provided in subsection (2) of this section, upon a receipt of a formal written request for information about a particular individual in connection with a life-threatening situation made pursuant to this section by a chief of police, an elected district attorney, the state attorney general, a sheriff, or the director of the Colorado bureau of investigation, an authorized representative of a fixed public utility shall, as soon as possible, provide to the person making such request the following information about the individual named in the formal written request, including and limited to the name or names used, the address or addresses used, and the nonpublished number. Such requests shall be made during regular business hours, whenever practicable.
(2)
Notwithstanding the provisions of subsection (1) of this section, if the need for information about a particular individual in connection with a life-threatening situation arises at a time other than regular business hours, a law enforcement officer listed in subsection (1) of this section or, if such officer is unavailable, the next officer in command, may orally request and obtain such information; except that a formal written request shall be submitted in accordance with subsection (1) of this section by the end of the next working day for the law enforcement agency.
(3)
A formal written request for information made pursuant to this section shall be returned to the district court for review in the judicial district within which the formal written request was made. Such return shall be made within seventy-two hours after the issuance of the formal written request for information.
(4)
The public utilities and local law enforcement agencies shall establish a procedure for obtaining information based on oral requests. A fixed public utility or authorized representative thereof which responds to a formal written or oral request made pursuant to this section shall not be liable to any person or entity for providing the information requested absent a showing of willful, wanton, or malicious intent.
L. 90: Entire article added, p. 937, § 1, effective April 3.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CRIMINAL ACTIVITY INFORMATION (§§ 16-15.5-101 — 16-15.8-101) › Article 15.7 - CRIME STOPPER ORGANIZATIONS (§§ 16-15.7-101 — 16-15.7-104) › Section 16-15.7-101 - Legislative declaration

The general assembly finds that a significant number of criminal offenders remain at large in this state because law enforcement agencies often lack information concerning criminal activity. In many instances private citizens have information that, if known to law enforcement agencies, would lead to the detection and apprehension of such offenders. Private, nonprofit crime stopper organizations that offer rewards for such information have been successful at encouraging some citizens to come forward; however, even with the offer of a reward, many citizens do not come forward because they fear involvement and shun publicity. In order to remedy this situation and to increase the effectiveness of crime stopper organizations, the general assembly finds and declares that it is appropriate to provide for the anonymity of any person who provides information concerning criminal activity to a crime stopper organization and to provide for the confidentiality of crime stopper organization records.
L. 94: Entire article added, p. 1808, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CRIMINAL ACTIVITY INFORMATION (§§ 16-15.5-101 — 16-15.8-101) › Article 15.7 - CRIME STOPPER ORGANIZATIONS (§§ 16-15.7-101 — 16-15.7-104) › Section 16-15.7-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Crime stopper organization" means a private, nonprofit organization:
(a)
Whose primary purposes are to accept donations for the payment of rewards to persons who provide information concerning criminal activity and to forward such information to appropriate law enforcement agencies;
(b)
Is subject to the provisions of articles
121
to
137
of title
7
, C.R.S.;
(c)
Is held to be tax exempt by the United States internal revenue service; and
(d)
Has complied with the requirements of section
16-15.7-103
.
L. 94: Entire article added, p. 1808, § 1, effective June 1. L. 97: (1)(b) amended, p. 763, § 32, effective 7/1/1998.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CRIMINAL ACTIVITY INFORMATION (§§ 16-15.5-101 — 16-15.8-101) › Article 15.7 - CRIME STOPPER ORGANIZATIONS (§§ 16-15.7-101 — 16-15.7-104) › Section 16-15.7-103 - Requirements for articles of incorporation of crime stopper organizations

(1)
In addition to any other requirements for articles of incorporation imposed by articles
121
to
137
of title
7
, C.R.S., the articles of incorporation for any crime stopper organization that elects to avail itself of the confidentiality provisions of this article shall provide that the organization shall:
(a)
Establish a method to ensure that the identity of any person who provides information concerning criminal activity to the organization remains unknown to all persons and entities, including officers and employees of the organization;
(b)
Establish a method to ensure that if the identity of any person who provides information becomes known to the crime stopper organization, whether through voluntary disclosure or by any other means, such identity is not further disclosed;
(c)
Assist law enforcement agencies in the detection of crime and apprehension of criminal offenders by promptly forwarding information received concerning criminal acts to such agencies;
(d)
Foster the detection of crime and encourage citizens to report information about criminal activity; and
(e)
Encourage news and other media to promote local crime stopper organizations by informing the public of the functions and benefits of the organization.
L. 94: Entire article added, p. 1809, § 1, effective June 1. L. 97: IP(1) amended, p. 763, § 33, effective 7/1/1998.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CRIMINAL ACTIVITY INFORMATION (§§ 16-15.5-101 — 16-15.8-101) › Article 15.8 - [Repealed] (§ 16-15.8-101) › Section 16-15.8-101 - to 16-15.8-104 - [Repealed]

L. 2014: Entire article repealed, (SB 14-002), ch. 241, p. 889, § 1, effective August 6.
(1) This article was added in 2007.
(2) For current provisions concerning the safe2tell program, see part 6 of article
31
of title
24
.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › SENTENCING AND IMPRISONMENT (§§ 16-16-101 — 16-17-103) › Article 16 - CRIMINAL SENTENCING ACT OF 1967 (§§ 16-16-101 — 16-16-103) › Section 16-16-101 - Short title

This article shall be known and may be cited as the "Criminal Sentencing Act of 1967".
L. 67: p. 882, § 1. C.R.S. 1963: § 39-22-1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › SENTENCING AND IMPRISONMENT (§§ 16-16-101 — 16-17-103) › Article 16 - CRIMINAL SENTENCING ACT OF 1967 (§§ 16-16-101 — 16-16-103) › Section 16-16-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Executive director" means the executive director of the department of corrections.
(2)
"Facility" means any residential community treatment center, honor farm, preparole release center, or other correctional facility.
(3)
"Immediate family" means a spouse, child (including stepchild, adopted child, or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person who, though not a natural parent, has acted in the place of a parent), brother, or sister.
(4) and (5)
Repealed.
(6)
"Warden" means the chief correctional officer at a correctional facility.
L. 67: p. 882, § 2. C.R.S. 1963: § 39-22-2. L. 76: (6) amended, p. 532, § 10, effective April 9. L. 77: (1) amended, p. 903, § 7, effective August 1. L. 79: (1), (2), and (6) amended and (4) and (5) repealed, pp. 684, 705, §§ 18, 88, effective July 1. L. 2010: (1) and (6) amended, (SB 10-130), ch. 106, p. 356, §2, effective April 15.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › SENTENCING AND IMPRISONMENT (§§ 16-16-101 — 16-17-103) › Article 17 - COMMUTATION OF SENTENCE (§§ 16-17-101 — 16-17-103) › Section 16-17-101 - Governor may commute sentence

The governor is hereby fully authorized, when he deems it proper and advisable and consistent with the public interests and the rights and interests of the condemned, to commute the sentence in any case by reducing the penalty in a capital case to imprisonment for life or for a term of not less than twenty years at hard labor.
L. 1872: p. 123, § 1. G.L. § 875. G.S. § 999. R.S. 08: § 2043. C.L. § 809. CSA: C. 131, § 117. CRS 53: § 105-6-1. C.R.S. 1963: § 105-6-1. L. 77: Entire section amended, p. 891, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › SENTENCING AND IMPRISONMENT (§§ 16-16-101 — 16-17-103) › Article 17 - COMMUTATION OF SENTENCE (§§ 16-17-101 — 16-17-103) › Section 16-17-103 - Effect of pardon and commutation of sentence - definitions

(1)
A pardon issued by the governor shall waive all collateral consequences associated with each conviction for which the person received a pardon unless the pardon limits the scope of the pardon regarding collateral consequences.
(2)
If the governor grants a pardon or a request for commutation of sentence, the governor shall provide a copy of the pardon or commutation of sentence to the Colorado bureau of investigation, and the Colorado bureau of investigation shall note in the individual's record in the Colorado crime information center that a pardon was issued or commutation of sentence was granted.
(3)
For purposes of this section, "collateral consequences" means a penalty, prohibition, bar, disadvantage, or disqualification, however denominated, imposed on an individual as a result of the individual's conviction of an offense, which penalty, prohibition, bar, or disadvantage applies by operation of law regardless of whether the penalty, prohibition, bar, or disadvantage is included in the judgment or sentence. "Collateral consequences" does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fine, assessment, or costs of prosecution.
Added by 2013 Ch. 289,§ 3, eff. 5/24/2013.
L. 2013: Entire section added, (SB 13-123), ch. 289, p. 1540, § 3, effective May 24.
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 - COSTS IN CRIMINAL ACTIONS (§§ 16-18-101 — 16-18-105) › Section 16-18-101 - Costs in criminal cases

(1)
The costs in criminal cases shall be paid by the state pursuant to section
13-3-104
, C.R.S., when the defendant is acquitted or when the defendant is convicted and the court determines he is unable to pay them.
(2)
The costs of preliminary hearings, including any reporters' transcripts thereof ordered by a defendant, shall be paid pursuant to subsection (1) of this section. Reporters' transcripts of preliminary hearings which are ordered by the prosecution shall be paid for by the prosecution, unless otherwise ordered by the court.
(3)
The department of corrections, from annual appropriations made by the general assembly, shall reimburse the county or counties in a judicial district for the costs of prosecuting any crime alleged to have been committed by a person in the custody of the department. The county or counties shall certify these costs to the department, and upon approval of the executive director of the department, the costs shall be paid. The provisions of this subsection (3) shall apply to costs that are not otherwise paid by the state.
L. 1876: p. 53, § 1. G.L. § 349. G.S. § 422. L. 1889: p. 99, § 1. R.S. 08: § 1077. C.L. § 6593. CSA: C. 43, § 23. CRS 53: § 33-2-1. L. 59: p. 342, § 1. C.R.S. 1963: § 33-2-1. L. 71: p. 319, § 1. L. 77: (3) amended, p. 903, § 9, effective August 1. L. 79: (2) amended, p. 601, § 28, effective July 1.
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 - COSTS IN CRIMINAL ACTIONS (§§ 16-18-101 — 16-18-105) › Section 16-18-102 - Costs taxed against complainant

If any informer or complainant under a penal statute of this state, to whom the penalty or any part thereof, if recovered, is given, dismisses his suit or prosecution, or fails in the same, or willfully absents himself from trial or examination, he shall be adjudged to pay all costs accruing on such suit or prosecution, unless he is an officer whose duty it is to make and file the information or complaint; but in all cases of examination into any criminal charge before a county judge, where the party accused is discharged, and it appears to the judge before whom such examination was made that there was no reasonable ground for the complaint, or that it was maliciously entered, and in all cases where the complaining witness willfully absents himself from or fails to appear at such examination or trial, the county judge shall give judgment against the complainant for all costs of the examination or trial and shall issue execution thereon. Appeal may be had in all such cases, as provided by law for the taking of appeals from judgments rendered in county courts.
G.L. § 347. G.S. § 421. L. 1893: p. 93, § 1. R.S. 08: § 1078. C.L. § 6594. CSA: C. 43, § 24. CRS 53: § 33-2-2. C.R.S. 1963: § 33-2-2. L. 64: p. 220, § 45.
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 - COSTS IN CRIMINAL ACTIONS (§§ 16-18-101 — 16-18-105) › Section 16-18-103 - When taxed against informant before grand jury

If any person complains to any grand jury of injury done to his person, or to any person of his household, or to his property, done by another, and upon hearing evidence of the charge it appears to the grand jury that the same is untrue, and that it was maliciously entered, it is the duty of the grand jury to return the facts into court, and the court shall thereupon tax the costs incurred in the investigation of the charge and enter judgment against the person who made the complaint for the amount thereof. In proceedings under this section, the action of the grand jury shall be determined by twelve members thereof.
L. 1872: p. 96, § 1. G.L. § 344. G.S. § 418. R.S. 08: § 1079. C.L. § 6595. CSA: C. 43, § 25. CRS 53: § 33-2-3. C.R.S. 1963: § 33-2-3.
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 - COSTS IN CRIMINAL ACTIONS (§§ 16-18-101 — 16-18-105) › Section 16-18-104 - Prosecuting witness before grand jury liable - when

If any person complains to any grand jury of injury done to his person, or to any person of his household, or to his property, and after indictment found does not appear in the court in which the indictment is pending to give evidence in that behalf against the party charged in the indictment, and the party charged is acquitted, or if proceedings under said indictment are discontinued for want of testimony, the court in which the indictment is pending shall give judgment against the person who preferred the complaint for the costs arising in that case. Upon the trial of the party charged in any such indictment, if he is acquitted and the jury finds that the proceeding was maliciously commenced, the court shall give judgment against the prosecuting witness for the costs arising in the case. Whenever any person complains, the grand jury shall cause the name of the person so complaining to be endorsed upon the indictment, with the words "prosecuting witness" added, and this shall be evidence that the complaint was made by the person whose name is thus endorsed.
L. 1872: p. 96, § 2. G.L. § 345. G.S. § 419. R.S. 08: § 1080. C.L. § 6596. CSA: C. 43, § 26. CRS 53: § 33-2-4. C.R.S. 1963: § 33-2-4.
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 - COSTS IN CRIMINAL ACTIONS (§§ 16-18-101 — 16-18-105) › Section 16-18-105 - Enforcing judgment

Judgment rendered under the provisions of sections
16-18-103
and
16-18-104
may be enforced in the same manner as in other criminal cases.
L. 1872: p. 97, § 3. G.L. § 346. G.S. § 420. R.S. 08: § 1081. C.L. § 6597. CSA: C. 43, § 27. CRS 53: § 33-2-5. C.R.S. 1963: § 33-2-5.
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 16-18.5-101 - [Repealed]

L. 2000: Entire article added, p. 1030, § 1, effective September 1. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-601
.
For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
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 16-18.5-102 - [Repealed]

L. 2000: Entire article added, p. 1031, § 1, effective September 1. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to §
18-1.3-602
.
For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
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 16-18.5-103 - [Repealed]

L. 2000: Entire article added, p. 1032, § 1, effective September 1. L. 2002: (7) added, p. 422, § 4, effective July 1; entire section repealed, p. 1463, § 3, effective October 1.
House Bill 02-1258 enacted subsection (7). This section as amended by House Bill 02-1258 was subsequently harmonized with House Bill 02-1046 and relocated to section
18-1.3-603
.
For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
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 16-18.5-106.7 - Unclaimed property offset - definition

(1)
The judicial department may enter into a memorandum of understanding with the state treasurer, acting as the administrator of unclaimed property under the "Revised Uniform Unclaimed Property Act", article
13
of title
38
, for the purpose of offsetting against a claim for unclaimed property the unpaid amount of restitution the person making the claim has been ordered to pay pursuant to section
18-1.3-603
or
19-2.5-1104
. When an offset is to be made, the judicial department or the court in which the person's restitution obligation is pending shall notify the person in writing that the state intends to offset the amount of the person's unpaid restitution obligation against the person's claim for unclaimed property.
(2)
The state court administrator may adopt rules establishing the process by which an unclaimed property claimant may object to an offset and request an administrative review. The sole issues to be determined at the administrative review shall be whether the person is required to pay restitution pursuant to an order entered by a court of this state and the amount of the outstanding restitution.
(3)
For purposes of this section, "claim for unclaimed property" means a cash claim filed in accordance with section
38-13-903
.
Amended by 2021 Ch. 136, § 29, eff. 10/1/2021.
Amended by 2019 Ch. 110, § 6, eff. 7/1/2020.
L. 2005: Entire section added, p. 698, § 2, effective August 8. L. 2019: (1) and (3) amended, (SB 19-088), ch. 466, p. 466, § 6, effective 7/1/2020. L. 2021: (1) amended, (SB 21-059), ch. 714, p. 714, § 29, effective October 1.
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 16-18.5-107 - Collection of restitution by the victim

(1)
Any victim in whose name a restitution order has been entered shall have a right to pursue collection of the amount of restitution owed to such person in such person's own name. Any victim who wishes to collect restitution pursuant to the provisions of this section shall first deliver to the clerk of the court or, if the defendant was sentenced to the department of corrections, to the executive director of the department of corrections a notice of intent to pursue collection. Upon receipt of notice of intent to pursue collection, the court, the collections investigator, and the department of corrections shall cease all attempts to collect the restitution due to the person or persons named in the notice, except that the collections investigator may still assist the victim in the victim's effort. The filing of a victim's intent to pursue collection and a victim's subsequent collection efforts do not alter a court's order that restitution is a condition of the defendant's probation, and such probation may still be revoked by the court upon a finding of failure to pay restitution.
(2)
Any victim who has filed a notice of intent to pursue collection may apply to the sentencing court for issuance of any of the following that, if provided, shall be provided without cost:
(a)
One or more certified copies of the transcript of the order for restitution;
(b)
An order that a portion of the defendant's earnings be withheld pursuant to section
16-18.5-105(3)(b)
;
(c)
A writ of execution, writ of attachment, or other civil process to collect upon a judgment pursuant to article
52
of title
13
, C.R.S.
(3)
If the victim chooses to record a copy of the transcript with a clerk and recorder or with the secretary of state, the victim may do so without charge.
(4)
A victim may withdraw his or her intent to pursue collection by filing a notice of such withdrawal with the person to whom the notice of intent was served pursuant to subsection (1) of this section. Such notice shall state the amount, if any, of restitution collected by the victim. Upon receipt of a notice of withdrawal, the collections investigator or the department of corrections shall pursue collection of the restitution pursuant to this article.
(5)
The judicial department shall develop informational brochures for victims explaining the process of restitution and the victim's rights and remedies.
L. 2000: Entire article added, p. 1039, § 1, effective September 1. L. 2003: (3) amended, p. 1674, § 10, effective July 1.
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 16-18.5-108 - Dishonored check fee

Whenever a payment of restitution that was presented in the form of a check or similar sight draft for the payment of money is subsequently dishonored by the financial institution for any reason upon presentment within thirty days after issue, the agency supervising the collection of such payment may assess a twenty dollar penalty against the defendant. The penalty provided in this section shall be assessed in addition to any other penalties or interest authorized by law.
L. 2000: Entire article added, p. 1040, § 1, effective September 1.
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 16-18.5-109 - Declined or unclaimed restitution

(1)
If at the time that an order for restitution is entered no victim can be reasonably located or the victim declines to accept restitution, the defendant shall still pay restitution but such restitution shall be made to the state and distributed as provided for in subsection (3) of this section.
(2)
Notwithstanding the provisions of sections
13-32-108
and
13-32-112
, C.R.S., all restitution paid to the clerk of any court or into the registry of any court that has been unclaimed for a period of two years or more after the final determination of any case in which said restitution was collected or money deposited shall be distributed as provided for in subsection (3) of this section.
(3)
The amounts of restitution remaining undistributed pursuant to subsections (1) and (2) of this section shall be paid to the victims and witnesses assistance and law enforcement fund created pursuant to section
24-4.2-103
, C.R.S., and to the crime victim compensation fund created pursuant to section
24-4.1-117
, C.R.S., in the judicial district in which the crime occurred. The chair of the victims and witnesses assistance and law enforcement board, in consultation with the board, and the chair of the crime victim compensation board, in consultation with the board, in each judicial district shall designate on or before each December 1, starting December 1, 2000, how moneys received pursuant to this section shall be divided between the two funds during the next calendar year for that judicial district. If the chairs are unable to agree on a distribution, the crime victim services advisory board created in section
24-4.1-117.3(1)
, C.R.S., shall designate how the moneys shall be divided between the funds for that judicial district. If no designation is made, the payments shall be made to the victims and witnesses assistance and law enforcement fund.
L. 2000: Entire article added, p. 1041, § 1, effective September 1. L. 2009: (3) amended, (SB 09-047), ch. 129, p. 555, §2, effective July 1.
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 16-18.5-110 - Order of crediting payments

(1)
Payments received shall be credited in the following order:
(a)
Costs for crime victim compensation fund, pursuant to section
24-4.1-119
, C.R.S.;
(b)
Surcharges for victims and witnesses assistance and law enforcement fund, pursuant to section
24-4.2-104
, C.R.S.;
(c)
Restitution to victims in the following order:
(I)
A victim, as defined in section
18-1.3-602(4)(a)(I)
, C.R.S.;
(II)
A victim, as defined in section
18-1.3-602(4)(a)(II)
, C.R.S.;
(III)
A victim, as defined in section
18-1.3-602(4)(a)(III)
, C.R.S.;
(c.5)
Surcharges related to the address confidentiality program pursuant to section
24-30-2114
, C.R.S.;
(d)
Time payment fee;
(e)
Late fees; and
(f)
Any other fines, fees, or surcharges.
L. 2000: Entire article added, p. 1041, § 1, effective September 1. L. 2003: (1)(c) amended, p. 1050, § 3, effective September 1. L. 2007: (1)(c.5) added, p. 1699, § 2, effective July 1. L. 2008: (1)(a) amended, p. 1884, § 24, effective August 5. L. 2011: (1)(c.5) amended, (HB 11-1080), ch. 256, p. 1123, §5, effective June 2.
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 16-18.5-111 - Effect of termination of deferred judgment and sentence or deferred adjudication, expungement, or sealing

The provisions of this article apply notwithstanding the termination of a deferred judgment and sentence or a deferred adjudication, the entry of an order of expungement pursuant to section
19-1-306
, C.R.S., or an order to seal entered pursuant to part 7 of article
72
of title
24
, C.R.S.
Amended by 2016 Ch. 277,§ 4, eff. 7/1/2016.
Added by 2014 Ch. 21,§ 1, eff. 3/7/2014.
L. 2014: Entire section added, (HB 14-1035), ch. 21, p. 152, § 1, effective March 7. L. 2016: Entire section amended, (SB 16-065), ch. 277, p. 1143, § 4, effective July 1.
Section 5 of chapter 277 (SB 16-065), Session Laws of Colorado 2016, provides that changes to this section by the act apply to orders entered on or after July 1, 2016, and to existing instances or future instances in which an offender's death certificate has been presented to the clerk of the court or the court collections investigator.
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 16-18.5-112 - Effect of expungement

Notwithstanding the entry of an order of expungement pursuant to section
19-1-306
, the provisions of this article 18.5 apply.
Added by 2017 Ch. 206,§ 3, eff. 11/1/2017.
L. 2017: Entire section added, (HB 17-1204), ch. 206, p. 784, § 3, effective November 1.
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 16-18.5-113 - Office of restitution services - created

(1)
There is created in the judicial department the office of restitution services, referred to in this section as the "office". The purpose of the office is to assist victims who are owed court-ordered restitution.
(2)
The office shall:
(a)
Receive requests from victims requesting semiannual statements as set forth in subsection (3) of this section;
(b)
Answer general questions and assist victims with case-specific questions related to court-ordered restitution;
(c)
Create and maintain a web page on the judicial department website with resources and information on court-ordered restitution;
(d)
Assist with training related to the administration of the restitution system;
(e)
Enhance communications for postsentence restitution; and
(f)
Collaborate with victim advocacy programs.
(3)
(a)
A victim who is owed court-ordered restitution may submit a request to the office to provide semiannual statements detailing the restitution payments the defendant has made to the victim and the disbursements the court has made to the victim. The statement must include the outstanding amount of court-ordered restitution owed to the victim.
(b)
The office shall verify the identity of the victim making the request described in subsection (3)(a) of this section to ensure the victim is owed court-ordered restitution for the case.
(c)
The office shall not provide information related to court-ordered restitution to other victims in the same case or in other cases in which the victim requests a semiannual statement pursuant to subsection (3)(a) of this section.
Added by 2022 Ch. 263,§5, eff. 8/10/2022.
2022 Ch. 263, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › FUGITIVES AND EXTRADITION (§§ 16-19-101 — 16-20-105) › Article 19 - FUGITIVES AND EXTRADITION (§§ 16-19-101 — 16-19-134) › Section 16-19-101 - Short title

This article shall be known and may be cited as the "Uniform Criminal Extradition Act".
L. 53: p. 323, § 29. CSA: C. 72, § 74. CRS 53: § 60-1-29. C.R.S. 1963: § 60-1-32.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › FUGITIVES AND EXTRADITION (§§ 16-19-101 — 16-20-105) › Article 19 - FUGITIVES AND EXTRADITION (§§ 16-19-101 — 16-19-134) › Section 16-19-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Executive authority" includes the governor and any person performing the function of governor in a state other than this state.
(2)
"Governor" includes any person performing the functions of governor by authority of the law of this state.
(3)
"State", referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States.
L. 53: p. 314, § 1. CSA: C. 72, § 46. CRS 53: § 60-1-1. C.R.S. 1963: § 60-1-1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › FUGITIVES AND EXTRADITION (§§ 16-19-101 — 16-20-105) › Article 19 - FUGITIVES AND EXTRADITION (§§ 16-19-101 — 16-19-134) › Section 16-19-103 - Fugitives from justice

Subject to the provisions of this article, the provisions of the constitution of the United States controlling, and any act of congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.
L. 53: p. 314, § 2. CSA: C. 72, § 47. CRS 53: § 60-1-2. C.R.S. 1963: § 60-1-2.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › FUGITIVES AND EXTRADITION (§§ 16-19-101 — 16-20-105) › Article 19 - FUGITIVES AND EXTRADITION (§§ 16-19-101 — 16-19-134) › Section 16-19-104 - Form of demand

No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under section
16-19-107
, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon, or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation, or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of the indictment, information, affidavit, or judgment of conviction or sentence must be authenticated by the executive authority making the demand.
L. 53: p. 315, § 3. CSA: C. 72, § 48. CRS 53: § 60-1-3. L. 57: p. 379, § 1. C.R.S. 1963: § 60-1-3.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › FUGITIVES AND EXTRADITION (§§ 16-19-101 — 16-20-105) › Article 19 - FUGITIVES AND EXTRADITION (§§ 16-19-101 — 16-19-134) › Section 16-19-105 - Governor may investigate case

When a demand is made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
L. 53: p. 315, § 4. CSA: C. 72, § 49. CRS 53: § 60-1-4. C.R.S. 1963: § 60-1-4.