Colorado § 16-18.5-106.5 Lottery winnings offset - restitution

Colorado Statutes

§ 16-18.5-106.5 — Lottery winnings offset - restitution

Colorado § 16-18.5-106.5

Title 16Criminal

Art.Restitution in Criminal Actions

This text of Colorado § 16-18.5-106.5 (Lottery winnings offset - restitution) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 16-18.5-106.5 (2026).

Text

(1)(a) The judicial department shall, on no less than a monthly basis, certify to the department of revenue information regarding any defendant who has been ordered to pay restitution pursuant to section 18-1.3-603 or 19-2.5-1104.

(b)The information described in paragraph (a) of this subsection (1) shall include the social security number of the person who is obligated to pay restitution and the amount of restitution due and owing. The department of revenue may request additional identifying information, as needed, from the judicial department in order to obtain an accurate data match pursuant to subsection (2) of this section.

(2)(a) Prior to the payment of lottery winnings required by rule and regulation of the Colorado lottery commission to be paid only at the lottery offic

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(1) (a) The judicial
department shall, on no less than a monthly basis, certify to the department of
revenue information regarding any defendant who has been ordered to pay
restitution pursuant to section 18-1.3-603 or 19-2.5-1104.

(b) The information described in paragraph (a) of this subsection (1) shall
include the social security number of the person who is obligated to pay restitution
and the amount of restitution due and owing. The department of revenue may
request additional identifying information, as needed, from the judicial department
in order to obtain an accurate data match pursuant to subsection (2) of this section.

(2) (a) Prior to the payment of lottery winnings required by rule and
regulation of the Colorado lottery commission to be paid only at the lottery offices,
the department of revenue shall check the social security number of each winner
with those certified by the judicial department pursuant to subsection (1) of this
section. If the name and associated social security number of a lottery winner
appear among those certified, the department of revenue shall obtain the current
address of the winner, shall suspend the payment of the winnings, and shall notify
the judicial department. The notification shall include the name, home address, and
social security number of the winner. The judicial department shall forward the
notification to the court in which the lottery winner's restitution obligation is
pending.

(b) (I) After receipt of the notification, the court shall notify the person that is
obligated to pay restitution, in writing, that the state intends to offset the person's
restitution obligation against his or her winnings from the state lottery. Such
notification shall include information concerning the obligated person's right to
object to the offset and to request an administrative review pursuant to the rules
and regulations of the state court administrator.

(II) The sole issues to be determined at the administrative review described
in subparagraph (I) of this paragraph (b) shall be:

(A) Whether the person is required to pay restitution pursuant to an order
entered by a court of this state; and

(B) The amount of restitution outstanding.

(3) (a) Except as otherwise provided in subsection (5) of this section, upon
notification by the department of revenue of amounts deposited with the state
treasurer pursuant to section 44-40-114, and upon the transfer of the amounts by
the state treasurer to the court in which the restitution obligation is pending, the
court shall disburse the amounts in accordance with this subsection (3).

(b) The clerk of the court shall apply the amounts toward the outstanding
restitution balance owed in the criminal or juvenile case. The clerk shall distribute
the remainder, if any, to the person against whom the restitution order was entered.
The court shall notify the crime victim or victims of actions taken under this
paragraph (b).

(4) The state court administrator shall promulgate rules and regulations,
subject to the approval of the supreme court, establishing procedures to implement
this section including but not limited to the process by which a lottery winner may
object to an offset against restitution in accordance with paragraph (b) of
subsection (2) of this section.

(5) If a lottery winner owes restitution in a criminal or juvenile case and also
owes a child support debt or arrearages as described in section 26-13-118 (1), the
lottery winnings offset described in sections 26-13-118 and 44-40-113 (6) shall take
priority and be applied first. Any remaining lottery winnings shall be disbursed and
distributed in accordance with this section, section 44-40-113, and section 44-40-114.

(6) The home addresses and social security numbers of persons subject to
the state lottery winnings offset described in this section that are provided to the
judicial department by the department of revenue shall be sent to the respective
court.

Legislative History

Source: L. 2003: Entire section added, p. 656, � 1, effective August 6; (3)(a) and (5) amended, p. 1275, � 71, effective August 6. L. 2004: (1)(a), (3)(b), and (5) amended, p. 1257, � 2, effective August 4. L. 2018: (3)(a) and (5) amended, (HB 18-1027), ch. 31, p. 363, � 8, effective October 1; (3)(a) amended, (HB 18-1375), ch. 274, p. 1699, � 16, effective October 1. L. 2019: (5) amended, (HB 19-1128), ch. 238, p. 2358, � 2, effective August 2. L. 2021: (1)(a) amended, (SB 21-059), ch. 136, p. 714, � 28, effective October 1.