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2016 Colorado Restitution Laws – Major Positive Changes Go Into Effect

2016 Colorado Restitution Laws - Major Positive Changes Go Into Effect

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2016 Colorado Restitution Laws – Major Positive Changes Go Into Effect

By H. Michael Steinberg Colorado Criminal Defense Lawyer For Restitution Issues

2016 Colorado Restitution Laws – Major Positive Changes Go Into Effect  – At long last the Colorado State Legislature has made necessary changes to some of Colorado’s restitution laws. This brief article – which is now linked to several articles on restitution I have already written – explains those changes.

Senate Bill 16-065 changes three important Colorado statutes: 2016 LAW COLOROADO RESTITUTION(click to enlarge)

18-1.3-603. Assessment of Restitution – Corrective Orders

Termination of Restitution Obligation After Death

This law is changed in an important way – LINK The new law establishes a specific procedure whereby 2 years after the defendant’s death his or her obligation to pay restitution can be terminated.

But there are limitations – The DA can veto the procedure – here is the language:

Notwithstanding the provisions of subparagraph (I) of this paragraph (a), two years after the presentation of the defendant’s original death certificate to the clerk of the court or the court collections investigator, the court may terminate the remaining balance of the judgment and order for restitution if:

[HMS – The limitations… broken out into the component parts]

(1) following notice by the clerk of the court or the court collections investigator to the district attorney,

(2) the district attorney does not object and

(3) there is no evidence of a continuing source of income of the defendant to pay restitution.

The termination of a judgment and order pursuant to this subparagraph (II) does not terminate an associated judgment against a defendant who is jointly and severally liable with the deceased defendant.

Lowering of Interest Rate On Unpaid Restitution From 12% to 8%

The new law finally acts to lower the rate of interest on unpaid restitution amounts from 12% per annum to 8% per annum and specifies that it is simple interest.

The law also permits the clerk of the relevant county court to adjust the amount remaining due on an order if money is paid on the order outside of the court’s process.

42-2-125. Mandatory Revocation of License and Permit.

For as long as I can recall, a person’s driver’s license could be revoked if he or she is convicted of

specified driving offenses and that driver’s license would not be reinstated until the person has paid full restitution due as a result of the conviction.

The new 2016 law repeals (ends – terminates) this terrible idea of a prohibition against reinstating a person’s license until all restitution has been paid and restores the right to a driver’s license – which is obviously necessary to earn enough money to pay back an order of restitution.

19-1-306. Expungement of Juvenile Delinquent Records.

Before the new sections of this law were enacted – Colorado law prohibited a person from moving to have his or her records in a juvenile case expunged until the person has paid all restitution due as a result of the juvenile case.

The new law repeals (ends – terminates) this requirement and authorizes expungement so long as the person is current on any restitution payment schedule, but establishes a procedure to reverse the expungement order if the person does not make timely payments on the schedule.

[HMS – Here is the new language added to the statute:]

(5) (c) The court may order expunged all records in the petitioner’s case in the custody of the court and any records in the custody of any other agency or official if at the hearing the court finds that:

(II.5) (A) The petitioner has satisfied court-ordered restitution or is current on a restitution repayment agreement with the court collections investigator that has been entered in the electronic case record to make payment on a schedule pursuant to section 16-18.5-104 (4), C.R.S.

(B) If, following the entry of an order of expungement under this section, a petitioner fails to make required payments on a restitution repayment agreement, a court collections investigator may, following notice to the petitioner, file a motion with the court that entered the order to have the order of expungement reversed.(7) The following persons are not eligible to petition for the expungement of any juvenile record:

(e) Any person who has failed to pay court-ordered restitution to a victim of the offense that is the basis for the juvenile record. (HMS – This language was struck from the law)

16-18.5-111. Effect of Termination of Deferred Judgment and Sentence or Deferred Adjudication, Expungement, or Sealing.

If you receive a Colorado Deferred Judgment and Sentence under the new act you can now move to have your records in a juvenile case expunged even if you have not paid all restitution due .

The new law authorizes expungement as long as you are current on any restitution payment schedule. On the other hand, if you are not current on your restitution payments – the law establishes a procedure to reverse an expungement order if you do not make timely payments on the schedule.

Here is the language of the statute:

16-18.5-111. Effect of Termination of Deferred Judgment and Sentence or Deferred Adjudication, Expungement, or Sealing.

The provisions of this article apply notwithstanding the termination of a deferred judgment and sentence or a deferred adjudication, the entry of an order of expungement pursuant to section 19-1-306, C.R.S., or an order to seal entered pursuant to part 7 of article 72 of title 24, C.R.S.

These new laws have the effective date of July 1, 2016, and the changes apply to orders entered on or after said date.

2016 Colorado Restitution Laws – Major Positive Changes Go Into Effect

If you found any of the information I have provided on this web page article helpful please click my Plus+1 or the Share buttons for Twitter and Facebook below so that others may also find it.

If, after reading this article, you have questions about your case and would like to consider retaining our law firm, we invite you to contact us at the Steinberg Colorado Criminal Defense Law Firm – 303-627-7777.

Never stop fighting – never stop believing in yourself and your right to due process of law. You will not be alone in court, H. Michael at your side every step of the way – advocating for justice and the best possible result in your case.

ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at hmsteinberg@hotmail.com – A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277. Attorney H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case.

“A good criminal defense lawyer is someone who devotes themselves to their client’s case from beginning to end, always realizing that this case is the most important thing in that client’s life.”

You should be careful to make a responsible choice in selecting a Colorado Criminal Defense Lawyer – and we encourage you to “vet” our firm. Over the last 30 plus years – by focusing ONLY on Colorado criminal law – H. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, to include Colorado criminal law and procedure and trial and courtroom practice. H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written, and continues to write, extensively on Colorado criminal law and he hopes this article helps you in some small way – 2016 Colorado Restitution Laws – Major Positive Changes Go Into Effect.

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2016 Colorado Restitution Laws - Major Positive Changes Go Into Effect
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2016 Colorado Restitution Laws - Major Positive Changes Go Into Effect
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- At long last the Colorado State Legislature has made necessary changes to some of Colorado’s restitution laws. This brief article - which is now linked to several articles on restitution I have already written - explains those changes.
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