§ 16-18.5-105 — Monitoring - default - penalties

Colorado § 16-18.5-105

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Restitution in Criminal Actions

Text

(1) The collections
investigator shall be responsible for monitoring the payments of restitution by any
defendant referred to the investigator pursuant to section 16-18.5-104. Based upon
changes in the defendant's financial circumstances, the collections investigator
may modify the payment schedule established pursuant to section 16-18.5-104 (4).
If a payment schedule has been made an order of the court pursuant to section 16-18.5-104 (4)(a)(II), prior to enforcing a new schedule, the collections investigator
shall request and obtain a modification of the order.

(2) In addition to any other costs that may accrue, for each payment of
restitution that a defendant fails to make within seven days after the date that the
payment is due pursuant to any payment schedule established pursuant to this
article, the late penalty fee established in section 16-11-101.6 shall be assessed, and
the associated provisions of section 16-11-101.6 may apply. The late fees shall be
collected from the defendant after the defendant has satisfied all orders for
restitution. All payments for late fees shall be credited to the judicial collection
enhancement fund created in section 16-11-101.6 (2).

(3) Whenever a defendant fails to make a payment of restitution within seven
days after the date that the payment is due pursuant to a payment schedule
established pursuant to this article, in addition to any other remedy, the collections
investigator may:

(a) Conduct an additional financial investigation of the defendant as
described in section 16-18.5-104 (3);

(b) Issue an attachment of earnings requiring that a certain portion of a
defendant's earnings, not to exceed fifty percent, be withheld and applied to any
unpaid restitution, if such an attachment does not adversely impact the defendant's
ability to comply with other orders of the court. An attachment of earnings under
this paragraph (b) 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.
An attachment of earnings issued pursuant to this paragraph (b) shall be
enforceable in the same manner as a garnishment in a civil action. For purposes of
this section, earnings shall have the same meaning as set forth for any type of
garnishment in section 13-54.5-101, C.R.S., and shall include profits.

(c) Request that the clerk of the court issue 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.;

(d) Request that the court issue a notice to show cause requiring the
defendant to appear before the court and show cause why the required payment or
payments were not made. Upon a finding of the defendant's failure to pay, unless
the defendant establishes that he or she was unable to make the payments, the
court may:

(I) Revoke probation and impose any other sentence permitted by law;

(II) Order that the defendant be confined to jail with a recommendation that
the defendant participate in a work release program;

(III) Extend the period of probation; or

(IV) Find the defendant in contempt of court and impose any authorized
penalties for such action.

(e) (I) Employ any method available to collect state receivables, including the
assignment of the defendant's accounts to a third party that has an agreement with
the judicial department under this paragraph (e).

(II) The judicial department may enter into agreements with third parties for
collection-related services. Any fees or costs of the third parties shall be added to
the amount of restitution owed by the defendant, but such fees and costs shall not
exceed twenty-five percent of the amount collected.

Legislative History

Source: L. 2000: Entire article added, p. 1037, � 1, effective September 1. L. 2011: (2) amended, (HB 11-1076), ch. 178, p. 679, � 3, effective July 1. L. 2012: (3)(b) amended, (HB 12-1310), ch. 268, p. 1395, � 10, effective June 7; (2) and IP(3) amended, (SB 12-175), ch. 208, p. 860, � 97, effective July 1.