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: (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.
(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
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