Colorado § 16-18-101 - Costs in criminal cases.

§ 16-18-101. Costs in criminal cases.

(1) The state shall pay the costs of criminal cases pursuant to section 13-3-104 if the defendant is acquitted or if the defendant is convicted and the court determines the defendant is unable to pay the costs.

(2) The costs of preliminary hearings, including any reporters' transcripts ordered by a defendant, must be paid pursuant to subsection (1) of this section. Unless otherwise ordered by the court, the prosecution shall pay for reporters' transcripts of preliminary hearings that are ordered by the prosecution.

(3) The department of corrections, from annual appropriations made by the general assembly, shall reimburse the county or counties in a judicial district for the costs of prosecuting any crime alleged to have been committed by a person in the custody of the department. The county or counties shall certify the costs to the department, and upon approval of the executive director of the department, the department shall pay the costs. This subsection (3) applies to costs that are not otherwise paid by the state.

(4) The state shall pay the costs of a civil commitment trial and enhanced protective placement trial conducted pursuant to section 16-8.5-118, the costs of initiating a short-term certification pursuant to article 65 of title 27, and the costs of an independent examination and termination hearing conducted pursuant to section 27-65-202 or 25.5-10-508, including any reporters' transcripts ordered by a defendant. Unless otherwise ordered by the court, the prosecution shall pay for reporters' transcripts of preliminary hearings that are ordered by the prosecution.

Source: L. 1876: p. 53, § 1. G.L. § 349. G.S. § 422. L. 1889: p. 99, § 1. R.S. 08: § 1077. C.L. § 6593. CSA: C. 43, § 23. CRS 53: § 33-2-1. L. 59: p. 342, § 1. C.R.S. 1963: § 33-2-1. L. 71: p. 319, § 1. L. 77: (3) amended, p. 903, § 9, effective August 1. L. 79: (2) amended, p. 601, § 28, effective July 1. L. 2026: Entire section amended, (SB 26-149), ch. 142, p. 794, § 42, effective May 21.

ANNOTATION

Constitutionality. Statutes imposing liability for costs on a convicted defendant have been uniformly held to be constitutional. People v. Fisher, 189 Colo. 297, 539 P.2d 1258 (1975).

Costs are a creature of statute unknown to the common law. At common law there were no costs. Bd. of County Comm'rs v. Wilson, 3 Colo. App. 492, 34 P. 265 (1893); Saunders v. People, 63 Colo. 241, 165 P. 781 (1917).

Section protects defendant. The provisions of this section are wise and beneficent. They extend ample protection to an indigent defendant. They afford him every facility for making a legitimate defense. Bd. of County Comm'rs v. Wilson, 3 Colo. App. 492, 34 P. 265 (1893).

It refers to costs incurred by the prosecution and not those of the defendant. It is only in case of the conviction of the defendant and his inability to pay the costs, or of his acquittal, that costs are made a charge against the state; so that there is no difficulty in supposing that the costs referred to are the costs incurred by the prosecution, and not those incurred by the defendant. Bd. of County Comm'rs v. Wilson, 3 Colo. App. 492, 34 P. 265 (1893); Saunders v. People, 63 Colo. 241, 165 P. 781 (1917).

Costs in criminal cases must be taxed according to law and not as per agreement between court and convict, or between the prosecuting officer and the convict. Murphy v. People, 3 Colo. 147 (1876).

The costs in a criminal case must be taxed according to statutes and not according to any plea agreement. People v. Fisher, 189 Colo. 297, 539 P.2d 1258 (1975).

There is no limit to the amount of costs which may be incurred by the prosecution in a criminal case. This is left to the discretion of the prosecutor and the court. Parker v. People, 7 Colo. App. 56, 42 P. 172 (1895).

The general rule as to payment of costs may be avoided if the trial judge, in his discretion, determines that the defendant is unable to pay the costs. People v. Fisher, 189 Colo. 297, 539 P.2d 1258 (1975).

Differs from determination of indigency. Whether a presumably innocent defendant is declared indigent for the purposes of appointing counsel before he is brought to trial involves different considerations than the question of whether a convicted defendant may be charged with the costs expended by the state to secure his conviction. People v. Fisher, 189 Colo. 297, 539 P.2d 1258 (1975).

The sixth amendment of the constitution compels appointing counsel for indigent defendants but does not speak to whether convicted defendants of limited resources may be charged with the costs of their trial. People v. Fisher, 189 Colo. 297, 539 P.2d 1258 (1975).

The expenses of obtaining the testimony of witnesses for an indigent defendant must be paid by the state. People v. McCabe, 37 Colo. App. 181, 546 P.2d 1289 (1975).

Arrest part of preliminary hearing. The arrest of one charged with crime under a capias issued by a justice, is part of the preliminary hearing before the magistrate. Bd. of County Comm'rs v. Camp, 48 Colo. 61, 108 P. 972 (1910).

Applied in People v. Lowe, 60 P.3d 753 (Colo. App. 2002).