Article 26. Statewide Discovery Sharing System Surcharge

§ 18-26-101. Statewide discovery sharing system surcharge

(1) Each person who is represented by private counsel or appears pro se and is convicted of a felony, misdemeanor, drug felony, or drug misdemeanor shall be required to pay a surcharge to the clerk of the court for the judicial district in which the conviction occurs.
(2) Surcharges pursuant to subsection (1) of this section are in the following amounts:
(a) For each felony or drug felony of which a person is convicted, ten dollars; and
(b) For each misdemeanor or drug misdemeanor of which a person is convicted, five dollars.
(3) The court may waive all or any portion of the surcharge required by this section if the court finds that a person convicted of a crime is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person convicted of a crime is financially unable to pay.
(4) Repealed.

§ 18-26-102. Collection and distribution of funds - statewide discovery sharing system surcharge fund - creation

(1) The clerk of the court shall allocate the surcharge required by section 18-26-101 as follows:
(a) Five percent shall be retained by the clerk of the court for administrative costs incurred pursuant to this subsection (1). The amount retained 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.
(b) Ninety-five percent shall be transferred to the state treasurer, who shall credit the same to the statewide discovery sharing system surcharge fund created pursuant to subsection (2) of this section.
(2)
(a) There is created in the state treasury the statewide discovery sharing surcharge fund that consists of moneys received by the state treasurer pursuant to this section. The moneys in the fund are subject to annual appropriation by the general assembly to the judicial department for distribution to the Colorado district attorneys’ council for development, continuing enhancement, and maintenance of the statewide discovery sharing system under section 16-9-702, C.R.S. These moneys are in addition to general fund moneys appropriated to the judicial department for distribution to the Colorado district attorneys’ council for development, continuing enhancement, and maintenance of the statewide discovery sharing system under section 16-9-702, C.R.S.
(b) The state treasurer shall credit all interest derived from the deposit and investment of moneys in the fund to the fund. Any moneys not appropriated by the general assembly must remain in the fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year.