Colorado § 16-18.5-109 Declined or unclaimed restitution

Colorado Statutes

§ 16-18.5-109 — Declined or unclaimed restitution

Colorado § 16-18.5-109

Title 16Criminal

Art.Restitution in Criminal Actions

This text of Colorado § 16-18.5-109 (Declined or unclaimed 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. § 16-18.5-109 (2026).

Text

(1)If at the time that an order for restitution is entered no victim can be reasonably located or the victim declines to accept restitution, the defendant shall still pay restitution but such restitution shall be made to the state and distributed as provided for in subsection

(3)of this section.

(2)Notwithstanding the provisions of sections 13-32-108 and 13-32-112, C.R.S., all restitution paid to the clerk of any court or into the registry of any court that has been unclaimed for a period of two years or more after the final determination of any case in which said restitution was collected or money deposited shall be distributed as provided for in subsection (3) of this section.

(3)The amounts of restitution remaining undistributed pursuant to subsections (1) and (2) of this

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(1) If at the time that an
order for restitution is entered no victim can be reasonably located or the victim
declines to accept restitution, the defendant shall still pay restitution but such
restitution shall be made to the state and distributed as provided for in subsection
(3) of this section.

(2) Notwithstanding the provisions of sections 13-32-108 and 13-32-112,
C.R.S., all restitution paid to the clerk of any court or into the registry of any court
that has been unclaimed for a period of two years or more after the final
determination of any case in which said restitution was collected or money
deposited shall be distributed as provided for in subsection (3) of this section.

(3) The amounts of restitution remaining undistributed pursuant to
subsections (1) and (2) of this section shall be paid to the victims and witnesses
assistance and law enforcement fund created pursuant to section 24-4.2-103,
C.R.S., and to the crime victim compensation fund created pursuant to section 24-4.1-117, C.R.S., in the judicial district in which the crime occurred. The chair of the
victims and witnesses assistance and law enforcement board, in consultation with
the board, and the chair of the crime victim compensation board, in consultation
with the board, in each judicial district shall designate on or before each December
1, starting December 1, 2000, how moneys received pursuant to this section shall be
divided between the two funds during the next calendar year for that judicial
district. If the chairs are unable to agree on a distribution, the crime victim services
advisory board created in section 24-4.1-117.3 (1), C.R.S., shall designate how the
moneys shall be divided between the funds for that judicial district. If no
designation is made, the payments shall be made to the victims and witnesses
assistance and law enforcement fund.

Legislative History

Source: L. 2000: Entire article added, p. 1041, � 1, effective September 1. L. 2009: (3) amended, (SB 09-047), ch. 129, p. 555, � 2, effective July 1.