Section 16-11-101.6 - Collection of fines and fees - methods - charges - judicial collection enhancement fund - definition - repeal(1) If the defendant is assessed any fines, fees, costs, surcharges, or other monetary assessments with regard to the sentencing or other disposition of a felony, misdemeanor, petty offense, civil infraction, traffic offense, or traffic infraction and does not pay all amounts assessed in full on the date of the assessment, the defendant shall pay to the clerk of the court an additional time payment fee of twenty-five dollars. The time payment fee may be assessed once per case; except that, if amounts owed in the case have still not been paid in full one year after the date of the assessment, the fee may be assessed annually until the defendant has fully satisfied his or her financial obligation in the case. In addition, there may be assessed against a defendant a late penalty fee of ten dollars each time a payment toward the fines, fees, costs, surcharges, or other amounts owed is not received on or before the date due. If the court determines that the defendant does not have the financial resources to pay a time payment fee or a late penalty fee, the court may waive or suspend a time payment fee or a late penalty fee. Amounts collected are credited first against the time payment and any late penalty fees assessed under this subsection (1), then against any fines, and finally against any costs. The time payment fee and late penalty fee described in this subsection (1) do not apply to a person under the jurisdiction of the juvenile court or the person's parent, guardian, or legal custodian.(2) All time payment fees and late penalty fees collected shall be credited to the judicial collection enhancement fund, which fund is hereby created in the state treasury. In addition, reasonable costs incurred and collected by the state shall be credited to the fund. The general assembly shall make annual appropriations from the fund to the judicial department for administrative and personnel costs incurred in collecting restitution, fines, costs, fees, and other monetary assessments. At the end of any fiscal year, all unexpended and unencumbered moneys and any interest shall remain in the fund for appropriation to the judicial department for ongoing enforcement and collection of restitution, fines, fees, costs, surcharges, and other monetary assessments.(3) To collect on past due orders of fines or fees, the state may employ any method available to collect state receivables, including assigning such accounts to private counsel or private collection agencies under section 24-30-202.4 (2), C.R.S. Any fees or costs of the private counsel or collection agency shall also be added to the amount due, but such fees and costs shall not exceed twenty-five percent of the amount collected.(4)(a) On past due orders, the court may, on its own motion or through the use of a collections investigator, direct that a certain portion of a defendant's earnings, not to exceed fifty percent, be withheld and applied to any unpaid fines or fees, if such an order does not adversely impact the defendant's ability to comply with other orders of the court. An attachment of earnings under this section may be modified to a lesser or greater amount based upon changes in a defendant's circumstances as long as the amount withheld does not exceed fifty percent and may be suspended or canceled at the court's discretion. For purposes of this section, "earnings" shall have the same meaning as set forth in section 13-54.5-101 (2), C.R.S., and shall include profits.(b) An attachment of earnings or a writ of garnishment to collect judgments from a garnishee's earnings for court assessments, including fines, fees, costs, restitution, and surcharges pursuant to this section or section 16-18.5-105: (I) Has priority over any other garnishment, lien, or income assignment except for a writ for arrearages for child support, for maintenance when combined with child support, for child support debts, or for maintenance or a writ previously served on the same garnishee pursuant to this section; and(II) Shall require the garnishee to withhold, pursuant to section 13-54-104 (3), C.R.S., the portion of earnings subject to garnishment at each succeeding earnings disbursement interval until the judgment is satisfied or the garnishment is released by the court or in writing by the judgment creditor.(5) During any period of time that a defendant is a state inmate as defined in section 17-1-102 (8), C.R.S., the superintendent of the correctional facility to which such defendant is assigned, or his or her designee, may fix the manner and time of payment of fines and fees and may direct that a portion of the wages of such defendant under section 17-24-122 (3), C.R.S., or compensation under section 17-24-114, C.R.S., be applied to any unpaid fines or fees.(6)(a) 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 amount of outstanding fines, fees, costs, or surcharges owed pursuant to law or an order entered by a court of this state by the person claiming unclaimed property. When an offset is to be made, the judicial department or the court to which the fines, fees, costs, or surcharges are owed shall notify the defendant in writing that the state intends to offset the defendant's outstanding fines, fees, costs, or surcharges against his or her claim for unclaimed property.(b) 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 the fines, fees, costs, or surcharges pursuant to law or an order entered by a court of this state and the amount of the outstanding fines, fees, costs, or surcharges.(c) For purposes of this subsection (6), "claim for unclaimed property" means a cash claim filed in accordance with section 38-13-903.(7)(a) On April 1, 2024, the state treasurer shall transfer two million five hundred thousand dollars from the general fund to the judicial collection enhancement fund.(b) This subsection (7) is repealed, effective July 1, 2024.Amended by 2024 Ch. 9,§ 1, eff. 2/27/2024.Amended by 2021 Ch. 462, § 174, eff. 3/1/2022.Amended by 2021 Ch. 461, § 11, eff. 7/6/2021.Amended by 2019 Ch. 110, § 5, eff. 7/1/2020.L. 96: Entire section added, p. 1777, § 2, effective June 3. L. 2000: (1), (3), (4), and (5) amended, p. 1044, § 6, effective September 1. L. 2002: (5) amended, p. 1016, § 18, effective June 1; (1) amended, p. 1494, § 139, effective October 1. L. 2005: (6) added, p. 697, § 1, effective August 8. L. 2011: (1) and (2) amended, (HB 11-1076), ch. 678, p. 678, § 1, effective July 1. L. 2012: (4) amended, (HB 12-1310), ch. 1394, p. 1394, § 8, effective June 7. L. 2019: (6)(a) and (6)(c) amended, (SB 19-088), ch. 466, p. 466, § 5, effective July 1, 2020. L. 2021: (1) amended, (HB 21-1315), ch. 3110, p. 3110, § 11, effective July 6; (1) amended, (SB 21-271), ch. 3164, p. 3164, § 174, effective March 1, 2022.(1) Amendments to subsection (1) by SB 21-271 and HB 21-1315 were harmonized, effective March 1, 2022.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.