Colorado § 17-10-103 Action for reimbursement of cost of care

Colorado Statutes

§ 17-10-103 — Action for reimbursement of cost of care

Colorado § 17-10-103

Title 17Corrections

Art.Cost of Care Reimbursement

This text of Colorado § 17-10-103 (Action for reimbursement of cost of care) 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. § 17-10-103 (2026).

Text

(1)When any person has been sentenced to confinement in a local jail or a correctional facility or to home detention or has been granted probation or has been placed on parole by the state board of parole and the sentencing court has not entered an order pursuant to section 18-1.3-701, C.R.S., requiring such person to pay the full cost of care incurred during such person's sentence, the state, the appropriate prosecuting attorney, the department of corrections, the judicial department, or any government agency which has incurred cost of care of such person may file an action for reimbursement for cost of care.

(2)In an action filed pursuant to this article, the plaintiff seeking reimbursement for cost of care shall demonstrate that the offender substantially misrepresented suc

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(1) When any person
has been sentenced to confinement in a local jail or a correctional facility or to
home detention or has been granted probation or has been placed on parole by the
state board of parole and the sentencing court has not entered an order pursuant to
section 18-1.3-701, C.R.S., requiring such person to pay the full cost of care incurred
during such person's sentence, the state, the appropriate prosecuting attorney, the
department of corrections, the judicial department, or any government agency
which has incurred cost of care of such person may file an action for reimbursement
for cost of care.

(2) In an action filed pursuant to this article, the plaintiff seeking
reimbursement for cost of care shall demonstrate that the offender substantially
misrepresented such offender's financial status to the sentencing court or that
such offender's financial circumstances have changed substantially after
sentencing.

(3) If, after a hearing, the court determines that the offender has sufficient
assets to pay all or part of the cost of care, the court shall order the offender to
make such payments toward the cost of care as are appropriate under the
circumstances. In setting the amount of such payments, the court shall take into
consideration and make allowances for any restitution ordered to the victim or
victims of a crime, which shall take priority over any payments ordered pursuant to
this article, and for the maintenance and support of the offender's spouse,
dependent children, or any other persons having a legal right to support and
maintenance out of the offender's estate. If the offender is confined to a local jail or
a correctional facility or is under home detention, the court shall also consider the
financial needs of the offender for the six-month period immediately following the
offender's release, for the purpose of allowing the offender to seek employment.
The court shall determine the amount which shall be paid by the offender for cost
of care, which amount shall in no event be in excess of the per capita cost of
maintaining prisoners in the local jail or a correctional facility, the per capita cost of
maintaining an offender under home detention, the per capita cost of supervising an
offender on probation, or the per capita cost of supervising an offender placed on
parole, as the case may be.

(4) After the set-offs for restitution and for maintenance and support as
provided in subsection (3) of this section, any amounts recovered pursuant to this
section that are available to reimburse the costs of providing medical care shall be
used to reimburse the state for the state's financial participation for medical
assistance if medical care is provided for the inmate or an infant of a female inmate
under the Colorado Medical Assistance Act, articles 4, 5, and 6 of title 25.5, C.R.S.

Legislative History

Source: L. 94: Entire article R&RE, p. 1360, � 4, effective July 1. L. 95: (4) added, p. 336, � 4, effective April 27; (2) amended, p. 10, � 2, effective July 1. L. 2002: (1) amended, p. 1501, � 161, effective October 1. L. 2006: (4) amended, p. 2004, � 58, effective July 1.