§ 16-18.5-107 — Collection of restitution by the victim

Colorado § 16-18.5-107

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

Text

(1) Any victim in whose
name a restitution order has been entered shall have a right to pursue collection of
the amount of restitution owed to such person in such person's own name. Any
victim who wishes to collect restitution pursuant to the provisions of this section
shall first deliver to the clerk of the court or, if the defendant was sentenced to the
department of corrections, to the executive director of the department of
corrections a notice of intent to pursue collection. Upon receipt of notice of intent
to pursue collection, the court, the collections investigator, and the department of
corrections shall cease all attempts to collect the restitution due to the person or
persons named in the notice, except that the collections investigator may still
assist the victim in the victim's effort. The filing of a victim's intent to pursue
collection and a victim's subsequent collection efforts do not alter a court's order
that restitution is a condition of the defendant's probation, and such probation may
still be revoked by the court upon a finding of failure to pay restitution.

(2) Any victim who has filed a notice of intent to pursue collection may apply
to the sentencing court for issuance of any of the following that, if provided, shall
be provided without cost:

(a) One or more certified copies of the transcript of the order for restitution;

(b) An order that a portion of the defendant's earnings be withheld pursuant
to section 16-18.5-105 (3)(b);

(c) 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.

(3) If the victim chooses to record a copy of the transcript with a clerk and
recorder or with the secretary of state, the victim may do so without charge.

(4) A victim may withdraw his or her intent to pursue collection by filing a
notice of such withdrawal with the person to whom the notice of intent was served
pursuant to subsection (1) of this section. Such notice shall state the amount, if any,
of restitution collected by the victim. Upon receipt of a notice of withdrawal, the
collections investigator or the department of corrections shall pursue collection of
the restitution pursuant to this article.

(5) The judicial department shall develop informational brochures for victims
explaining the process of restitution and the victim's rights and remedies.

Legislative History

Source: L. 2000: Entire article added, p. 1039, � 1, effective September 1. L. 2003: (3) amended, p. 1674, � 10, effective July 1.