Part 7. Fines and Costs

(1)(a) When any person, association, or corporation is convicted of an offense, the court shall give judgment in favor of the state of Colorado, the appropriate prosecuting attorney, or the appropriate law enforcement agency and against the offender for the amount of the costs of prosecution, the amount of the cost of care, and any fine imposed. When any juvenile is adjudicated a juvenile delinquent for the commission of an act that would have been a criminal offense if committed by an adult, the court may give judgment in favor of the state of Colorado for any fine imposed. The court shall not impose costs of prosecution or cost of care against a juvenile under the jurisdiction of the juvenile court, as defined in section 19-1-103, or against the person's parent, guardian, or legal custodian, except as required pursuant to title IV of the federal “Social Security Act”. No fine shall be imposed for conviction of a felony except as provided in section 18-1.3-401 or 18-7-203(2)(a). Such judgments are enforceable in the same manner as are civil judgments, and, in addition, sections 16-11-101.6 and 18-1.3-702 apply. A county clerk and recorder may not charge a fee for the recording of a transcript or satisfaction of a judgment entered pursuant to this section.
(b) Except as otherwise provided in paragraph (c) of this subsection (1), on and after July 1, 2010, all judgments collected pursuant to this section for fees and court costs shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101(6), C.R.S.
(c) Judgments collected pursuant to this section for fees for auxiliary services provided pursuant to section 13-90-204, and reimbursed pursuant to section 13-90-210, shall be remitted to the Colorado commission for the deaf, hard of hearing, and deafblind in the department of human services created in section 26-21-104.
(2) The costs assessed pursuant to subsection (1) of this section or section 16-18-101 may only be imposed against a person convicted of a crime committed when the person was eighteen years of age or older and may include:
(a) Any docket fee required by article 32 of title 13, C.R.S., or any other fee or tax required by statute to be paid to the clerk of the court;
(b) The jury fee required by section 13-71-144, C.R.S.;
(c) Any fees required to be paid to sheriffs pursuant to section 30-1-104, C.R.S.;
(d) Any fees of the court reporter for all or any part of a transcript necessarily obtained for use in the case, including the fees provided for in section 16-18-101(2), C.R.S., and including the fees for a transcript of any preliminary hearing;
(d.5) The actual costs paid to any expert witness;
(e)(I) The witness fees and mileage paid pursuant to article 33 of title 13, C.R.S., and section 16-9-203, C.R.S.;
(II) For any person required to travel more than fifty miles from the person's place of residence to the place where specified in the subpoena, in addition to the witness fee and mileage specified in subparagraph (I) of this paragraph (e):
(A) Actual lodging expenses incurred; and
(B) Actual rental car, taxi, or other transportation costs incurred;
(e.5) If a person under eighteen years of age is required to appear, the amount that a parent or guardian of the person was paid for transportation and lodging expenses incurred while accompanying the person;
(f) Any fees for exemplification and copies of papers necessarily obtained for use in the case;
(g) Any costs of taking depositions for the perpetuation of testimony, including reporter's fees, witness fees, expert witness fees, mileage for witnesses, and sheriff fees for service of subpoenas;
(h) Any statutory fees for service of process or statutory fees for any required publications;
(h.5) Any fees for interpreters required during depositions or during trials;
(i) Any item specifically authorized by statute to be included as part of the costs;
(j) Repealed by Laws 2017, Ch. 367, § 1, eff. Aug. 9, 2017.
(j.5) On proper motion of the prosecuting attorney and at the discretion of the court, any other reasonable and necessary costs incurred by the prosecuting attorney or law enforcement agency that are directly the result of the successful prosecution of the defendant, including the costs resulting from the collection and analysis of any chemical test upon the defendant pursuant to section 42-4-1301.1, which costs the court shall assess against the defendant, collect from the defendant, and transfer to the prosecuting attorney or law enforcement agency.
(k) Any costs incurred in obtaining a governor's warrant pursuant to section 16-19-108, C.R.S.;
(l) Any costs incurred by the law enforcement agency in photocopying reports, developing film, and purchasing videotape as necessary for use in the case;
(m) Any costs of participation in a diversion program if the offender unsuccessfully participated in a diversion program prior to the conviction.
(3) Where any person, association, or corporation is granted probation, the court shall order the offender to make such payments toward the cost of care as are appropriate under the circumstances. In setting the amount of such payments, the court shall take into consideration and make allowances for any restitution ordered to the victim or victims of a crime, which shall take priority over any payments ordered pursuant to this article, and for the maintenance and support of the offender's spouse, dependent children, or other persons having a legal right to support and maintenance from the estate of the offender. If the court determines that the offender has a sufficient estate to pay all or part of the cost of care, the court shall determine the amount which shall be paid by the offender for the cost of care, which amount shall in no event be in excess of the per capita cost of supervising an offender on probation.
(4) Where any person is sentenced to a term of imprisonment, whether to a county jail or the department of corrections, the court shall order such person to make such payments toward the cost of care as are appropriate under the circumstances. In setting the amount of such payments, the court shall take into consideration and make allowances for any restitution ordered to the victim or victims of a crime, which shall take priority over any payments ordered pursuant to this article, and for the maintenance and support of the inmate's spouse, dependent children, or any other persons having a legal right to support and maintenance out of the offender's estate. The court shall also consider the financial needs of the offender for the six-month period immediately following the offender's release, for the purpose of allowing said offender to seek employment. If the court determines that the person has a sufficient estate to pay all or part of the cost of care, the court shall determine the amount which shall be paid by the offender, which amount in no event shall be in excess of the per capita cost of maintaining prisoners in the institution or facility in which the offender has been residing prior to sentencing for the purpose of reimbursing the appropriate law enforcement agency and the per capita cost of maintaining prisoners in the department of corrections for the purpose of paying the cost of care after sentencing.
(4.5) Notwithstanding the entry of an order of expungement pursuant to section 19-1-306, the provisions of this part 7 apply.
(5) As used in this section, unless the context otherwise requires:
(a) “Cost of care” means the cost to the department or the local government charged with the custody of an offender for providing room, board, clothing, medical care, and other normal living expenses for an offender confined to a jail or correctional facility, or any costs associated with maintaining an offender in a home detention program contracted for by the department of public safety, as determined by the executive director of the department of corrections or the executive director of the department of public safety, whichever is appropriate, or the cost of supervision of probation when the offender is granted probation, or the cost of supervision of parole when the offender is placed on parole by the state board of parole, as determined by the court.
(b) “Estate” means any tangible or intangible properties, real or personal, belonging to or due to an offender, including income or payments to such person received or earned prior to or during incarceration from salary or wages, bonuses, annuities, pensions, or retirement benefits, or any source whatsoever except federal benefits of any kind. Real property that is held in joint ownership or ownership in common with an offender's spouse, while being used and occupied by the spouse as a place of residence, shall not be considered a part of the estate of the offender for the purposes of this section.
(6) After the set-offs for restitution and for maintenance and support as provided in subsection (4) of this section, any amounts recovered pursuant to this section that are available to reimburse the costs of providing medical care shall be used to reimburse the state for the state's financial participation for medical assistance if medical care is provided for the inmate or an infant of a female inmate under the “Colorado Medical Assistance Act”, articles 4, 5, and 6 of title 25.5, C.R.S.

(1)(a) When the court imposes a sentence,enters a judgment, or issues an order that obligates the defendant to pay a monetary amount, the court may direct as follows:
(I) That the defendant pay the entire monetary amount at the time sentence is pronounced;
(II) That the defendant pay the entire monetary amount at some later date;
(III) That the defendant pay as directed by the court or the court's designated official:
(A) At a future date certain in its entirety;
(B) By periodic payments, which may include payments at intervals, referred to in this section as a “payment plan”; or
(C) By other payment arrangement as determined by the court or the court's designated official;
(IV) When the defendant is sentenced to a period of probation as well as payment of a monetary amount, that payment of the monetary amount be made a condition of probation.
(b) A court's designated official shall report to the court on any failure to pay.
(c) As used in this section, “court's designated official” includes, but is not limited to, a “collections investigator” as defined in section 18-1.3-602(1).
(2) When the court imposes a sentence, enters a judgment, or issues an order that obligates a defendant to pay any monetary amount, the court shall instruct the defendant as follows:
(a) If at any time the defendant is unable to pay the monetary amount due, the defendant must contact the court's designated official or appear before the court to explain why he or she is unable to pay the monetary amount;
(b) If the defendant lacks the present ability to pay the monetary amount due without undue hardship to the defendant or the defendant's dependents, the court shall not jail the defendant for failure to pay; and
(c) If the defendant has the ability to pay the monetary amount as directed by the court or the court's designee but willfully fails to pay, the defendant may be imprisoned for failure to comply with the court's lawful order to pay pursuant to the terms of this section.
(3) Incarceration for failure to pay is prohibited absent provision of the following procedural protections:
(a) When a defendant is unable to pay a monetary amount due without undue hardship to himself or herself or his or her dependents, the court shall not imprison the defendant for his or her failure to pay;
(b) Except in the case of a corporation, if the defendant failed to pay a monetary amount due and the record indicates that the defendant has willfully failed to pay that monetary amount, the court, when appropriate, may consider a motion to impose part or all of a suspended sentence, may consider a motion to revoke probation, or may institute proceedings for contempt of court. When instituting contempt of court proceedings, the court, including a municipal court, shall provide all procedural protections mandated in rule 107 of the Colorado rules of civil procedure or rule 407 of the Colorado rules of county court civil procedure.
(c) The court shall not find the defendant in contempt of court, nor impose a suspended sentence, nor revoke probation, nor order the defendant to jail for failure to pay unless the court has made findings on the record, after providing notice to the defendant and a hearing, that the defendant has the ability to comply with the court's order to pay a monetary amount due without undue hardship to the defendant or the defendant's dependents and that the defendant has not made a good-faith effort to comply with the order. If the defendant fails to appear at the hearing referenced in this paragraph (c) after receiving notice, the court may issue a warrant for his or her arrest for failure to appear.
(d) The court shall not accept a defendant's guilty plea for contempt of court for failure to pay or failure to comply with the court's order to pay a monetary amount unless the court has made findings on the record that the defendant has the ability to comply with the court's order to pay a monetary amount due without undue hardship to the defendant or the defendant's dependents and that the defendant has not made a good-faith effort to comply with the order; and
(e) The court shall not issue a warrant for failure to pay money, failure to appear to pay money, or failure to appear at any post-sentencing court appearance wherein the defendant was required to appear if he or she failed to pay a monetary amount; however, a court may issue an arrest warrant or incarcerate a defendant related to his or her failure to pay a monetary amount only through the procedures described in paragraphs (a) to (d) of this subsection (3).
(4) For purposes of this section, a defendant or a defendant's dependents are considered to suffer undue hardship if he, she, or they would be deprived of money needed for basic living necessities, such as food, shelter, clothing, necessary medical expenses, or child support. In determining whether a defendant is able to comply with an order to pay a monetary amount without undue hardship to the defendant or the defendant's dependents, the court shall consider:
(a) Whether the defendant is experiencing homelessness;
(b) The defendant's present employment, income, and expenses;
(c) The defendant's outstanding debts and liabilities, both secured and unsecured;
(d) Whether the defendant has qualified for and is receiving any form of public assistance, including food stamps, temporary assistance for needy families, medicaid, or supplemental security income benefits;
(e) The availability and convertibility, without undue hardship to the defendant or the defendant's dependents, of any real or personal property owned by the defendant;
(f) Whether the defendant resides in public housing;
(g) Whether the defendant's family income is less than two hundred percent of the federal poverty line, adjusted for family size; and
(h) Any other circumstances that would impair the defendant's ability to pay.
(5) If the court finds a defendant in contempt of court for willful failure to pay, the court may direct that the defendant be imprisoned until the monetary payment ordered by the court is made, but the court shall specify a maximum period of imprisonment subject to the following limits:
(a) When the monetary amount was imposed for a felony, the period shall not exceed one year;
(b) When the monetary amount was imposed for a misdemeanor, the period shall not exceed one-third of the maximum term of imprisonment authorized for the misdemeanor;
(c) When the monetary amount was imposed for a petty offense, a traffic violation, or a violation of a municipal ordinance, any of which is punishable by a possible jail sentence, the period shall not exceed fifteen days;
(d) There shall be no imprisonment in those cases when no imprisonment is provided for in the possible sentence; and
(e) When a sentence of imprisonment and a monetary amount was imposed, the aggregate of the period and the term of the sentence shall not exceed the maximum term of imprisonment authorized for the offense.
(6) This section applies to all courts of record in Colorado, including but not limited to municipal courts.
(7) Nothing in this section prevents the collection of a monetary amount in the same manner as a judgment in a civil action.

(1) The following persons are eligible under this section for a refund of monetary payments actually paid:
(a) A defendant whose court-ordered fines, fees, costs, surcharges, restitution, interest, or other monetary amounts resulting from a criminal conviction in a district or county court of this state have been paid if the amount paid relates solely to a conviction:
(I) That is vacated after postconviction proceedings or is overturned on appeal; and
(II) The charge on which the conviction was based is dismissed or the person is acquitted of the charge after a new trial;
(b) A defendant whose court-ordered restitution and interest resulting from a criminal conviction in a district or county court of this state have been paid and:
(I) The restitution ordered by the court is reversed on appeal; or
(II) The amount of restitution ordered by the court is reversed on appeal and the restitution, including interest, that has been paid is in excess of the amount upheld on appeal.
(2)(a) A defendant may file a written motion in the court in which the conviction was entered for a refund of any monetary amounts described in subsection (1) of this section within one year after the defendant becomes eligible for the refund. The court may only extend the one-year time limit for good cause.
(b) The defendant bears the burden of proving by a preponderance of the evidence that the amount was actually paid and that the defendant is eligible for a refund pursuant to subsection (1) of this section. If the court finds that the defendant has established eligibility for a refund, the court shall issue an order directing the state court administrator to issue a refund for the total monetary amount found to be due.
(3) Nothing in this section requires a victim to repay restitution received as a result of a criminal conviction.

(1) On and after the effective date of this section, the balance of any court-assessed or court-ordered costs imposed pursuant to section 16-11-101.6(1), 18-1.3-407(4.5) or (11.5), 18-1.3-507(6)(a), 18-1.3-701(1) or (2)(m), 18-21-103(1.5), 18-25-101(1), 21-1-103(3), 24-4.1-119(1)(a) or (1)(d), 24-4.2-104(1)(a)(I), or 42-4-1307(10) against a juvenile, as defined in section 18-1.3-407(2)(a)(III)(A), the parent, guardian, or legal custodian of a juvenile, or other person who is liable for the support of a juvenile, are unenforceable and not collectable.
(2)(a) Within six months after the effective date of this section, the court shall vacate the portion of a court order imposing the costs described in subsection (1) of this section.
(b) If the judicial department has referred the outstanding balance of the costs to a private collection agency for collection, the department shall inform the agency that the balance has been vacated and the balance is not collectable.
(c) On or before July 1, 2022, the state court administrator shall report to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, the number of orders vacated or partially vacated pursuant to this section in each judicial district and the amount of the balances vacated in each judicial district.
(3) This section is repealed, effective June 30, 2025.