(1) Orders
for restitution shall be due and payable at the time that the order of conviction is
entered. Unless the defendant is sentenced to the custody of the executive director
of the department of corrections, if at the time that the court enters an order for
restitution pursuant to section 18-1.3-603, C.R.S., the defendant alleges that he or
she cannot pay the full amount of restitution, the court shall direct that the
defendant report immediately to the collections investigator.
(2) The time payment fee established in section 16-11-101.6 shall be assessed,
and the associated provisions of section 16-11-101.6 shall apply to cases in which
restitution is not paid in full on the date that it is imposed. The fee shall be collected
from the defendant after the defendant has satisfied all orders for restitution. All
payments for the time payment fee shall be credited to the judicial collection
enhancement fund created in section 16-11-101.6 (2). In addition, reasonable costs
incurred and collected by the state for restitution shall be credited to the fund.
(3) (a) Upon referral of a defendant pursuant to subsection (2) of this section,
the collections investigator shall conduct an investigation into the financial ability
of the defendant to pay the restitution ordered by the court. Such investigation may
consist of but is not limited to:
(I) Submission of written financial affidavits or disclosures of the defendant's
personal, household, and business income, assets, and liabilities;
(II) Submission to an oral examination of the defendant's financial
circumstances;
(III) Submission of books, papers, documents, or other tangible things related
to the defendant's financial circumstances including but not limited to:
(A) Payroll stubs;
(B) Financial institution account statements;
(C) Stock certificates;
(D) Deeds, titles, or other evidence of ownership;
(E) State and federal tax records; and
(F) Insurance policies and statements;
(IV) Research and verification of all oral and written statements made by the
defendant.
(b) In the case of a juvenile defendant, the collections investigator may
conduct the investigation into the juvenile's parents' or legal guardian's financial
circumstances as well as the juvenile's.
(c) For purposes of conducting the investigation required by this subsection
(3), the collections investigator shall have access to data maintained by other state
agencies including but not limited to wage data, employment data, and income tax
data. The judicial department and any other departments are authorized to enter
into agreements for the sharing of such data.
(d) Notwithstanding the provisions of article 72 of title 24, C.R.S., documents
and information obtained by the collections investigators pursuant to this
subsection (3) shall not be public records, but shall be open to public inspection
only upon an order of the court based on a finding of good cause. Documents and
information obtained by the collection investigators may be made available to the
victim and to any private collection agency or third party with whom the judicial
department may contract for the collection of past due restitution. In addition, if
any warrant is issued for the arrest of any defendant due to nonpayment of
restitution, information concerning the defendant's address and place of
employment may be shared with a criminal justice agency.
(4) (a) (I) Following the investigation described in subsection (3) of this
section, the collections investigator shall establish a payment schedule and direct
that the defendant:
(A) Pay the full amount ordered immediately;
(B) Pay the full amount ordered as a single payment on a specified date; or
(C) Pay the full amount ordered in specified partial amounts on specified
dates.
(II) The collections investigator may ask the court to enter the payment
schedule as an order of court.
(b) In addition to the payments required by paragraph (a) of this subsection
(4), the collections investigator may direct that:
(I) If the defendant is unemployed, the defendant seek gainful employment
and report to the investigator on such efforts by a specified date;
(II) The defendant shall not incur additional debt or financial obligation
without the approval of the collections investigator, which approval shall not be
unreasonably withheld; or
(III) The defendant promptly report to the collections investigator any
changes in income, assets, or other financial circumstances.
(5) Following the investigation required by subsection (3) of this section, the
collections investigator may also:
(a) (I) Record a transcript of the order for restitution in the real estate
records in the office of the clerk and recorder of any county in which the defendant
holds an interest in real property. From the time of the recording of the transcript,
there shall be a lien that is an encumbrance in favor of the state or the victim, or an
assignee of the state or the victim, and shall encumber any interest of the
defendant in real property in such county.
(II) (A) The lien created by this paragraph (a) shall remain in effect until all
amounts of restitution, including interest, costs, time payment fees, and late fees
are paid or for a period of twenty years after the recording of the transcript. So long
as there is an amount still owing, the collections investigator or the victim or the
assignee of the state or the victim may record a new transcript of the order of
restitution. Any transcript of the order for restitution recorded pursuant to this
subparagraph (II) prior to the expiration of the twenty-year period shall relate back
to the date of the recording of the original transcript of the order for restitution and
shall be valid for a period of twenty years after the recording of the subsequent
transcript. More than one subsequent transcript shall be permitted.
(B) Within twenty-one days after the payment of all such amounts of
restitution, the collections investigator or the victim, or the assignee of the state or
the victim, shall record a certificate of satisfaction of judgment issued by the clerk
of the court with each clerk and recorder where a transcript was recorded. The
satisfaction of judgment shall be conclusive evidence that the lien was
extinguished.
(III) The collections investigator and the victim shall be exempt from the
payment of recording fees charged by the clerk and recorder for the recording of
the transcripts and satisfactions of judgment.
(b) (I) File a transcript of the order for restitution with the secretary of state.
From the time of the filing of the transcript, there shall be a lien that is an
encumbrance in favor of the state or the victim, or an assignee of the state or the
victim, and shall encumber any interest of the defendant in any personal property.
(II) The lien created by this paragraph (b), shall remain in effect without the
necessity of renewal for twelve years or until all amounts of restitution, including
interest, costs, time payment fees, and late fees are paid. Within twenty-one days
after the payment of all such amounts of restitution, the collections investigator or
the victim, or the assignee of the state or the victim, shall file a satisfaction of
judgment with the secretary of state. The satisfaction of judgment shall be
conclusive evidence that the lien was extinguished.
(III) The collections investigator and the victim shall be exempt from the
payment of filing fees charged by the secretary of state.
(c) (I) File a transcript of the order for restitution with the authorized agent
as defined in section 42-6-102 (1.5). From the time of the filing of the transcript,
there shall be a lien that is an encumbrance in favor of the state or the victim, or an
assignee of the state or the victim, and shall encumber any interest of the
defendant in a motor vehicle. In order for such lien to be effective as a valid lien
against a motor vehicle, the state or the victim, or the assignee of the state or the
victim, shall have such lien filed for public record and noted on the owner's
certificate of title in the manner provided in sections 42-6-121 and 42-6-129.
(II) The lien created by this paragraph (c), shall remain in effect for the same
period of time as any other lien on motor vehicles as specified in section 42-6-127,
C.R.S., or until all amounts of restitution, including interest, costs, time payment
fees, and late fees are paid, whichever occurs first. A lien created pursuant to this
paragraph (c) may be renewed pursuant to section 42-6-127, C.R.S. Within twenty-one days after the payment of all such amounts of restitution, the collections
investigator or the victim or the assignee of the state or the victim shall release the
lien pursuant to the procedures specified in section 42-6-125, C.R.S. When a lien
created by this paragraph (c) is released, the authorized agent and the executive
director of the department of revenue shall proceed as provided in section 42-6-126, C.R.S.
(III) The collections investigator and the victim shall not be exempt from the
payment of filing fees charged by the authorized agent for the filing of either the
transcript of order or the release of lien. However, the state or the victim, or the
assignee of the state or the victim, may add the amount of the filing fees to the lien
amount and collect the amount from the defendant.