In Colorado criminal cases, restitution is money you are sentenced to pay victims to reimburse them for damages you caused. If you fail to pay victim restitution, you may face
- collections,
- late fees,
- garnished wages,
- loss of your driver’s license, and/or
- revocation of your probation.
The following graphic shows some of the expenses victim restitution covers.
In this article, our Colorado criminal defense lawyers discuss eight key things to know about victim restitution in Colorado:
- 1. Overview
- 2. When is restitution required?
- 3. How is it calculated?
- 4. Whom do I pay?
- 5. Paying Interest
- 6. Can I go to jail for non-payment?
- 7. Statute of Limitations
- 8. Other Non-Payment Consequences
- Additional Reading
1. Overview
Restitution is a potential punishment for any Colorado crime in addition to fines and/or incarceration.1
Restitution is meant to cover financial losses suffered by a victim.2 Examples include:
- Medical and dental expenses (including prescription medications),
- Lost wages or business losses,
- Loss of support,
- Therapy and counseling,
- Insurance deductibles,
- Property damage and replacement costs,
- Funeral or burial expenses,
- Other out-of-pocket expenses,
- Future related expenses, and/or
- Interest on the above expenses.
Example: Charlie gets convicted of hit and run, which resulted in the other driver getting injured. Therefore, the judge during Charlie’s sentencing hearing requires Charlie to pay for the other driver’s medical bills and vehicle damage as part of an order of restitution.
What Restitution Does Not Cover
Victim restitution is not unlimited. Restitution does not include damages for:
- Physical or mental pain and suffering,
- Loss of consortium,
- Loss of enjoyment of life,
- Loss of future earnings, and
- Punitive damages / treble damages.3
Example: Frank is sentenced to the maximum penalty for a 3rd DUI of 1 year in jail and a $1,500 fine. To make an example of Frank, the judge also ordered Frank to pay for the vehicle damage and an additional $10,000 as punitive damages. Frank appeals.
While the sentencing court can require Frank to repay the owner of the vehicle for the damage, restitution cannot include punitive damages. The appeals court overturns the order to pay punitive damages.
2. When is restitution required?
Restitution can be part of sentencing for any crime where victim(s) suffered losses. Some Colorado statutes specifically provide for victim restitution. Restitution can also be part of a plea agreement.
In any case, a court’s victim restitution order may contain the following:
- An order with a specific amount of money you must pay;
- An order that you are obligated to pay for damages with the specific amount to be determined;
- An order that you make payments covering the actual costs of specific future treatment of any victim of the crime; or
- A specific finding that no victim suffered a pecuniary loss and therefore no restitution is ordered.4
3. How is it calculated?
Victim restitution is calculated based on the financial and physical impact the crime had on the victim(s). This is in addition to any Victim/Witness Assistance surcharge.
Prior to your sentencing, the prosecution’s Victim/Witness Assistance Unit provides victims with restitution affidavits where they spell out their losses and attach receipts and other financial records as proof. Victims can also make a “victim impact statement” where they spell out their emotional and physical damages as well as their financial losses.5
The prosecutor generally provides this information to the court within 91 days of your conviction; however, the court can extend this amount of time.6 Plus, the pre-sentence investigation report (PSIR) that the probation department prepares for the judge includes a section on estimated restitution.
Example: Deandra steals an elderly woman’s necklace and sells it for $20 to a pawnbroker. It turns out the jewelry was really worth $6,000. The elderly woman attaches an appraisal to her restitution affidavit.
As part of her sentencing for grand larceny, the judge requires Deandra to repay the victim $6,000. It does not matter that Deandra thought it was a cheap piece of jewelry.
During the sentencing hearing, victims may have to show the judge that the losses reported are justified and that reasonable steps were taken to minimize the losses. Generally, the court will not make you pay for damages covered by insurance or indemnity agreements, but you may have to pay the deductibles.7
When your restitution order is recorded on your mittimus (final sentencing order), it is entered into a Colorado-wide integrated court computer system.
4. Whom do I pay?
You never make restitution payments directly to the victim. Instead, you pay the state, which then pays the victim.
| Your Status or Sentence in Colorado | Victim Collection of Restitution |
| Probation (supervised or unsupervised) | The judicial branch sets up a payment plan with you based on your financial circumstances, employment, etc. The probation office monitors and enforces payments. |
| Incarcerated in a Correctional Facility | The Department of Corrections (DOC) automatically garnishes 20% of all income you receive, if any.8 You have your own restitution account, and restitution payments are made to the court clerk (registry of the court) quarterly.9 |
| On Parole | The Department of Corrections requires 20% of all deposits to your account to go towards restitution. Parole officers monitor and enforce payments. |
| Community Corrections | You give your paychecks to the facility, which pays a contractually-agreed upon percentage of it towards restitution. The facility forwards the payments to the court. |
Typically, you are required to pay restitution before any other court-ordered fines, fees, or costs. Depending on your situation and the balance you owe, your payment plan can last for years.
When do victims get paid?
Victims typically receive restitution 15 days after the court receives your payment. Though it can take longer if payments have to go through:
- collections or
- a tax refund intercept.
Victims may sometimes not receive their money if the court cannot locate them, such as if they move without providing a forwarding address. When payments go uncashed for two years, the funds are turned over to the judicial district funds.
In some cases where restitution amounts are uncertain – such as for ongoing medical expenses – courts may
- defer the restitution order until after sentencing and
- hold a “restitution hearing” down the line when there is more information.
Mistakes by the Court
It should come as no surprise that sometimes court staffers make mistakes and neglect to include the order of restitution on your final sentencing order. Unless the victims contact the court about this, you might get away without having to pay since neither probation nor the DOC knows to collect anything from you.
The reverse can happen too. There could be no restitution order, but suddenly you are arrested for failing to pay restitution you never owed. In our experience, this typically happens when you take a plea deal for a lesser offense that does not require restitution, but your original charge did, and the court clerk gets confused and records the wrong information.
5. Paying Interest
In Colorado, restitution is subject to interest at the rate of 8% per year. Interest is assessed from the date of the restitution order.10
Any money judgment remains in effect until the restitution is paid in full. You may also owe reasonable and necessary legal fees associated with collecting the money owed because of non-payment.11
For example, if you owe the victim $1,000 for medical bills associated with the crime, and you are unable to make payments, interest will accrue at 8% per year. After five years, you will owe the victim approximately $1,469.
If the payments go to collections, you may also owe legal collections fees.
6. Can I go to jail for non-payment?
The penalties for not paying restitution depend on the facts of your Colorado criminal case. If non-payment is a violation of your probation or deferred judgment, the judge can issue a warrant for your arrest.
If the judge then finds you in violation of your probation, they can revoke your probation. Any plea deal you had would be void, and you could be remanded into custody to serve out your sentence.12
7. Statute of Limitations
There is no statute of limitations on a victim restitution order in Colorado criminal cases. Any repayment judgment remains in effect until the damages are paid in full.13
Example: After a burglary, Dennis is sentenced to pay the medical bills and costs of the victim’s injuries. However, he is insolvent.
Twenty years later, Dennis finally gets a job. Even though it has been more than 20 years after the burglary, Dennis still owes the victim the medical bills and costs.
Note that if the statute of limitations has expired for a crime, you cannot be charged with that crime or be ordered to pay restitution for a crime that is beyond the statute of limitations.
Colorado courts will consider ordering victim restitution even if no one requests compensation but the circumstances call for it.
8. Other Non-Payment Consequences
Even if you have no income and no savings, you are still required to follow restitution orders and make timely payments. Otherwise, you may be assessed late charges.
Remember, restitution also carries an annual 8% interest rate. Also, failure to pay may result in a suspension of your driver’s license in traffic-related cases.
Eventually, non-payment may cause the court to take you to collections. This may result in:
- Sending demand letters,
- Placing a lien on your property and/or vehicle,
- Garnishing your wages,
- Attaching your assets,
- Intercepting your tax refunds,
- Intercepting your lottery winnings,
- Referring the matter to a private collection agency,
- Adding late fees, and/or
- Investigating your financial situation.
What if I declare bankruptcy?
Bankruptcy proceedings do not discharge victim compensation judgments. If you declares bankruptcy, you are still obligated to pay the court-ordered restitution.
Can I be sued for non-payment?
Yes. Victims have a civil cause of action against you for any losses associated with the crime.14
Example: Following a bar fight, Robert was convicted of assault. The court ordered him to pay $50,000 in restitution for the victim’s medical bills. After Robert finally makes the last payment, the victim sues him for loss of enjoyment of life and pain and suffering.
Even though Robert compensated the victim according to his criminal sentence, he may still face civil penalties, which provide for additional damages.
Victims can pursue collections through the existing criminal case or on their own. If they do so on their own, they must provide written notice to the criminal court of their intent first. Victims can also ask the criminal court to give them:
- the restitution order (certified copies of the transcript of judgment),
- the attachment of earnings (per CRS 16-18.5-105(3)(b)), and
- any writs of execution, attachment or other civil process to collect a judgment (per CRS Title 13, Article 52).
Note that even if your criminal case is dismissed, victims still may have grounds to sue you.
Additional Reading
For more information on restitution and how it works, refer to the following:
- Office of Restitution Services – Colorado Judicial Branch office that supports victims owed court-ordered restitution in traffic and criminal cases.
- Denver Victim Restitution – Information by the Denver District Attorney on how to collect victim restitution payments.
- Crime Victim Compensation – Information by Colorado’s Office for Victims Programs on whether victims are eligible to claim money from their judicial district’s crime victim compensation program.
- Restitution Resource Center – This organization assists state and local jurisdictions to enforce victim restitution laws.
- Restitution Process – Frequently-asked-questions answered by the Department of Justice.
Legal References
- C.R.S. 18-1-603 (“(1) Every order of conviction of a felony, misdemeanor, petty, or traffic misdemeanor offense, except any order of conviction for a state traffic misdemeanor offense issued by a municipal or county court in which the prosecuting attorney is acting as a special deputy district attorney pursuant to an agreement with the district attorney’s office, shall include consideration of restitution.”)
- C.R.S. 18-1-602 (“(3)(a) “Restitution” means any pecuniary loss suffered by a victim and includes but is not limited to all out-of-pocket expenses, interest, loss of use of money, anticipated future expenses, rewards paid by victims, money advanced by law enforcement agencies, money advanced by a governmental agency for a service animal, adjustment expenses, and other losses or injuries proximately caused by an offender’s conduct and that can be reasonably calculated and recompensed in money. “Restitution” does not include damages for physical or mental pain and suffering, loss of consortium, loss of enjoyment of life, loss of future earnings, or punitive damages.”)
- Same.
- C.R.S. 18-1-603(1) (“Each such order shall include one or more of the following: (a) An order of a specific amount of restitution be paid by the defendant; (b) An order that the defendant is obligated to pay restitution, but that the specific amount of restitution shall be determined within the ninety-one days immediately following the order of conviction, unless good cause is shown for extending the time period by which the restitution amount shall be determined; (c) An order, in addition to or in place of a specific amount of restitution, that the defendant pay restitution covering the actual costs of specific future treatment of any victim of the crime; or (d) Contain a specific finding that no victim of the crime suffered a pecuniary loss and therefore no order for the payment of restitution is being entered.”)
- See Victim Impact Statements, Colorado Department of Corrections.
- C.R.S. 18-1-603(2) (“The court shall base its order for restitution upon information presented to the court by the prosecuting attorney, who shall compile such information through victim impact statements or other means to determine the amount of restitution and the identities of the victims. Further, the prosecuting attorney shall present this information to the court prior to the order of conviction or within ninety-one days, if it is not available prior to the order of conviction. The court may extend this date if it finds that there are extenuating circumstances affecting the prosecuting attorney’s ability to determine restitution.”). When determining victim restitution, the D.A.’s Victim/Witness Assistance Unit provides restitution affidavits to the victims. Based on the information the victims return, prosecutors then prepares a motion and order for restitution. Before sentencing, a pre-sentence investigator with the Probation Department composes a pre-sentence investigation report (PSIR), which includes the restitution amount.
- C.R.S. 18-1-603(8) (“(a) Notwithstanding the provisions of subsection (1) of this section, for a non-felony conviction under title 42, C.R.S., the court shall order restitution concerning only the portion of the victim’s pecuniary loss for which the victim cannot be compensated under a policy of insurance, self- insurance, an indemnity agreement, or a risk management fund. (b) The court, in determining the restitution amount, shall consider whether the defendant or the vehicle driven by the defendant at the time of the offense was covered by: (I) A complying policy of insurance or certificate of self-insurance as required by the laws of this state; (II) Self-insurance including but not limited to insurance coverage pursuant to the provisions of part 15 of article 30 of title 24, C.R.S.; or (III) Any other insurance or indemnity agreement that would indemnify the defendant for any damages sustained by the victim. (c)(I) Except as otherwise provided in this paragraph (c), a court may not award restitution to a victim concerning a pecuniary loss for which the victim has received or is entitled to receive benefits or reimbursement under a policy of insurance or other indemnity agreement. (II)(A) A court may award a victim restitution for a deductible amount under his or her policy of insurance. (II) Nothing in this paragraph (d) shall prohibit a nonowner driver or passenger in the vehicle from being awarded restitution if the driver or passenger was not covered by his or her own medical payments coverage policy. (e)(I) Notwithstanding any provision of law to the contrary, an insurance company, risk management fund, or public entity shall not be obligated to defend a defendant in a hearing concerning restitution. No court shall interpret an indemnity or insurance contract so as to obligate an insurance company, risk management fund, or public entity to defend a defendant at a restitution hearing absent a specific agreement. (II) Notwithstanding any provision of law, indemnity contract, or insurance contract to the contrary, an insurance company, risk management fund, or public entity shall not be obligated to pay or otherwise satisfy a civil judgment entered pursuant to this part 6, or to indemnify a defendant for an amount awarded in a restitution order. (f) Nothing in this article shall be construed to limit or abrogate the rights and immunities set forth in the “Colorado Governmental Immunity Act”, article 10 of title 24, C.R.S. (g) The provisions of this subsection (8) shall not preclude the court, pursuant to article 4.1 of title 24, C.R.S., from ordering restitution to reimburse an expenditure made by a victim compensation fund.
- Restitution, Colorado Department of Corrections. C.R.S. 16-18.5-105 (“(1) The collections investigator shall be responsible for monitoring the payments of restitution by any defendant referred to the investigator pursuant to section 16-18.5-104. Based upon changes in the defendant’s financial circumstances, the collections investigator may modify the payment schedule established pursuant to section 16-18.5-104 (4). If a payment schedule has been made an order of the court pursuant to section 16-18.5-104 (4) (a) (II), prior to enforcing a new schedule, the collections investigator shall request and obtain a modification of the order.”). Restitution orders are recorded on a defendants’s mittimus (the legal term for a final sentencing order). This mittimus gets entered as a receivable on Colorado’s statewide court computer database. If the defendant is on probation, the local judicial district collection investigators monitor payments and enforcement.
- C.R.S. 16-18.5-106 (“(1) Whenever a person is sentenced to the department of corrections, the department of corrections is authorized to conduct an investigation into the financial circumstances of the defendant, as described in section 16-18.5-104 (3), for purposes of determining the defendant’s ability to pay court-ordered costs, surcharges, restitution, time payment fees, late fees, and other fines, fees, or surcharges pursuant to section 16-18.5-110.”)
- Office of Restitution Services, Colorado Judicial Branch.
- C.R.S. 18-1-603(4) (“(a)(I) Any order for restitution entered pursuant to this section is a final civil judgment in favor of the state and any victim. Notwithstanding any other civil or criminal statute or rule, any such judgment remains in force until the restitution is paid in full. The provisions of article 18.5 of title 16, C.R.S., 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. (II) 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, following notice by the clerk of the court or the court collections investigator to the district attorney, the district attorney does not object and 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.”). C.R.S. 18-1-603(4) (“(b) Any order for restitution made pursuant to this section is also an order that: (I) The defendant owes simple interest from the date of the entry of the order at the rate of eight percent per annum; and (II) The defendant owes all reasonable and necessary attorney fees and costs incurred in collecting such order due to the defendant’s nonpayment.”)
- C.R.S. 18-1.3-205 (“As a condition of every sentence to probation, the court shall order that the defendant make full restitution pursuant to the provisions of part 6 of this article and article 18.5 of title 16, C.R.S. Such order shall require the defendant to make restitution within a period of time specified by the court. Such restitution shall be ordered by the court as a condition of probation.”)
- C.R.S. 18-1-603(4), see footnote 10 above.
- C.R.S. 16-18.5-107 (“(1) Any victim in whose name a restitution order has been entered shall have a right to pursue collection of the amount of restitution owed to such person in such person’s own name. Any victim who wishes to collect restitution pursuant to the provisions of this section shall first deliver to the clerk of the court or, if the defendant was sentenced to the department of corrections, to the executive director of the department of corrections a notice of intent to pursue collection. Upon receipt of notice of intent to pursue collection, the court, the collections investigator, and the department of corrections shall cease all attempts to collect the restitution due to the person or persons named in the notice, except that the collections investigator may still assist the victim in the victim’s effort. The filing of a victim’s intent to pursue collection and a victim’s subsequent collection efforts do not alter a court’s order that restitution is a condition of the defendant’s probation, and such probation may still be revoked by the court upon a finding of failure to pay restitution. (2) Any victim who has filed a notice of intent to pursue collection may apply to the sentencing court for issuance of any of the following that, if provided, shall be provided without cost: (a) One or more certified copies of the transcript of the order for restitution; (b) An order that a portion of the defendant’s earnings be withheld pursuant to section 16-18.5-105 (3)(b); (c) A writ of execution, writ of attachment, or other civil process to collect upon a judgment pursuant to article 52 of title 13, C.R.S. (3) If the victim chooses to record a copy of the transcript with a clerk and recorder or with the secretary of state, the victim may do so without charge. (4) A victim may withdraw his or her intent to pursue collection by filing a notice of such withdrawal with the person to whom the notice of intent was served pursuant to subsection (1) of this section. Such notice shall state the amount, if any, of restitution collected by the victim. Upon receipt of a notice of withdrawal, the collections investigator or the department of corrections shall pursue collection of the restitution pursuant to this article. (5) The judicial department shall develop informational brochures for victims explaining the process of restitution and the victim’s rights and remedies.”)