(1) (a) When any
person, association, or corporation is convicted of an offense, the court shall give
judgment in favor of the state of Colorado, the appropriate prosecuting attorney, or
the appropriate law enforcement agency and against the offender for the amount
of the costs of prosecution, the amount of the cost of care, and any fine imposed.
When any juvenile is adjudicated a juvenile delinquent for the commission of an act
that would have been a criminal offense if committed by an adult, the court may
give judgment in favor of the state of Colorado for any fine imposed. The court shall
not impose costs of prosecution or cost of care against a juvenile under the
jurisdiction of the juvenile court, as defined in section 19-1-103, or against the
person's parent, guardian, or legal custodian, except as required pursuant to title IV
of the federal Social Security Act. No fine shall be imposed for conviction of a
felony except as provided in section 18-1.3-401 or 18-7-203 (2)(a). Such judgments
are enforceable in the same manner as are civil judgments, and, in addition,
sections 16-11-101.6 and 18-1.3-702 apply. A county clerk and recorder may not
charge a fee for the recording of a transcript or satisfaction of a judgment entered
pursuant to this section.
(b) Except as otherwise provided in paragraph (c) of this subsection (1), on
and after July 1, 2010, all judgments collected pursuant to this section for fees and
court costs shall be transmitted to the state treasurer for deposit in the judicial
stabilization cash fund created in section 13-32-101 (6), C.R.S.
(c) Judgments collected pursuant to this section for fees for auxiliary
services provided pursuant to section 13-90-204, and reimbursed pursuant to
section 13-90-210, shall be remitted to the division for the deaf, hard of hearing, and
deafblind cash fund created in section 26-21-107.
(2) The costs assessed pursuant to subsection (1) of this section or section
16-18-101 may only be imposed against a person convicted of a crime committed
when the person was eighteen years of age or older and may include:
(a) Any docket fee required by article 32 of title 13, C.R.S., or any other fee or
tax required by statute to be paid to the clerk of the court;
(b) The jury fee required by section 13-71-144, C.R.S.;
(c) Any fees required to be paid to sheriffs pursuant to section 30-1-104,
C.R.S.;
(d) Any fees of the court reporter for all or any part of a transcript
necessarily obtained for use in the case, including the fees provided for in section
16-18-101 (2), C.R.S., and including the fees for a transcript of any preliminary
hearing;
(d.5) The actual costs paid to any expert witness;
(e) (I) The witness fees and mileage paid pursuant to article 33 of title 13,
C.R.S., and section 16-9-203, C.R.S.;
(II) For any person required to travel more than fifty miles from the person's
place of residence to the place where specified in the subpoena, in addition to the
witness fee and mileage specified in subparagraph (I) of this paragraph (e):
(A) Actual lodging expenses incurred; and
(B) Actual rental car, taxi, or other transportation costs incurred;
(e.5) If a person under eighteen years of age is required to appear, the
amount that a parent or guardian of the person was paid for transportation and
lodging expenses incurred while accompanying the person;
(f) Any fees for exemplification and copies of papers necessarily obtained
for use in the case;
(g) Any costs of taking depositions for the perpetuation of testimony,
including reporter's fees, witness fees, expert witness fees, mileage for witnesses,
and sheriff fees for service of subpoenas;
(h) Any statutory fees for service of process or statutory fees for any
required publications;
(h.5) Any fees for interpreters required during depositions or during trials;
(i) Any item specifically authorized by statute to be included as part of the
costs;
(j) Repealed.
(j.5) On proper motion of the prosecuting attorney and at the discretion of
the court, any other reasonable and necessary costs incurred by the prosecuting
attorney or law enforcement agency that are directly the result of the successful
prosecution of the defendant, including the costs resulting from the collection and
analysis of any chemical test upon the defendant pursuant to section 42-4-1301.1,
which costs the court shall assess against the defendant, collect from the
defendant, and transfer to the prosecuting attorney or law enforcement agency;
(k) Any costs incurred in obtaining a governor's warrant pursuant to section
16-19-108, C.R.S.;
(l) Any costs incurred by the law enforcement agency in photocopying
reports, developing film, and purchasing videotape as necessary for use in the case;
(m) Any costs of participation in a diversion program if the offender
unsuccessfully participated in a diversion program prior to the conviction.
(3) Where any person, association, or corporation is granted probation, 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 other persons having a legal right to
support and maintenance from the estate of the offender. If the court determines
that the offender has a sufficient estate to pay all or part of the cost of care, the
court shall determine the amount which shall be paid by the offender for the cost of
care, which amount shall in no event be in excess of the per capita cost of
supervising an offender on probation.
(4) Where any person is sentenced to a term of imprisonment, whether to a
county jail or the department of corrections, the court shall order such person 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 inmate's spouse, dependent
children, or any other persons having a legal right to support and maintenance out
of the offender's estate. 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 said offender to seek employment. If the court determines
that the person has a sufficient estate to pay all or part of the cost of care, the
court shall determine the amount which shall be paid by the offender, which
amount in no event shall be in excess of the per capita cost of maintaining prisoners
in the institution or facility in which the offender has been residing prior to
sentencing for the purpose of reimbursing the appropriate law enforcement agency
and the per capita cost of maintaining prisoners in the department of corrections
for the purpose of paying the cost of care after sentencing.
(4.5) Notwithstanding the entry of an order of expungement pursuant to
section 19-1-306, the provisions of this part 7 apply.
(5) As used in this section, unless the context otherwise requires:
(a) Cost of care means the cost to the department or the local government
charged with the custody of an offender for providing room, board, clothing,
medical care, and other normal living expenses for an offender confined to a jail or
correctional facility, or any costs associated with maintaining an offender in a home
detention program contracted for by the department of public safety, as
determined by the executive director of the department of corrections or the
executive director of the department of public safety, whichever is appropriate, or
the cost of supervision of probation when the offender is granted probation, or the
cost of supervision of parole when the offender is placed on parole by the state
board of parole, as determined by the court.
(b) Estate means any tangible or intangible properties, real or personal,
belonging to or due to an offender, including income or payments to such person
received or earned prior to or during incarceration from salary or wages, bonuses,
annuities, pensions, or retirement benefits, or any source whatsoever except
federal benefits of any kind. Real property that is held in joint ownership or
ownership in common with an offender's spouse, while being used and occupied by
the spouse as a place of residence, shall not be considered a part of the estate of
the offender for the purposes of this section.
(6) After the set-offs for restitution and for maintenance and support as
provided in subsection (4) 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.