Colorado § 24-4.1-119 - Costs and surcharges levied on criminal actions and traffic offenses - definition.

§ 24-4.1-119. Costs and surcharges levied on criminal actions and traffic offenses - definition.

(1) (a) Except as provided in subsection (1)(c) of this section, a cost of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic offenses is levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided for in section 18-1.3-102, which criminal action is charged pursuant to state statute. The defendant shall pay these costs to the clerk of the court. Each clerk shall transmit the costs received to the court executive of the judicial district in which the offense occurred for credit to the crime victim compensation fund established in that judicial district.

(b) The costs required by subsection (1)(a) of this section shall not be levied on criminal actions which are charged pursuant to the penalty assessment provisions of section 42-4-1701 or to any violations of articles 1 to 15 of title 33.

(c) A cost of thirty-three dollars is levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided for in section 18-1.3-102 of a violation of section 42-4-1301 (1) or (2). The defendant shall pay this cost to the clerk of the court, who shall transmit the costs received to the court executive of the judicial district in which the offense occurred for credit to the crime victim compensation fund established in that judicial district.

(d) and (e) Repealed.

(f) (I) A surcharge is levied against each penalty assessment imposed for a violation of a class A or class B traffic infraction or class 1 or class 2 misdemeanor traffic offense pursuant to section 42-4-1701. The amount of the surcharge is one half of the amount specified in the penalty and surcharge schedule in section 42-4-1701 (4) or, if no surcharge amount is specified, the surcharge is calculated as thirty-seven percent of the penalty imposed. All money collected by the department of revenue pursuant to this subsection (1)(f) must be transmitted to the court executive of the judicial district in which the infraction occurred for credit to the crime victim compensation fund established in that judicial district in accordance with the requirements set forth in section 42-1-217.

(II) All calculated surcharge amounts pursuant to this subsection (1)(f) resulting in dollars and cents must be rounded down to the nearest whole dollar.

(III) The surcharges levied pursuant to this subsection (1)(f) are separate and distinct from surcharges levied pursuant to section 24-4.2-104 for the victims and witnesses assistance and law enforcement fund.

(g) (I) A surcharge of eight dollars is levied against each penalty imposed for violation of a civil infraction pursuant to section 16-2.3-101. The clerk of the court shall transmit all money collected to the court executive of the judicial department in which the offense occurred for credit to the crime victim compensation fund established in that judicial district.

(II) The surcharges levied pursuant to this subsection (1)(g) are separate and distinct from surcharges levied pursuant to section 24-4.2-104 for the victims and witnesses assistance and law enforcement fund.

(h) A cost of thirty-three dollars is levied on each criminal action that results with placement in an alternative sentencing program pursuant to section 18-1.3-101. This cost is paid to the alternative sentencing program and then transmitted to the court executive of the judicial district where the offense occurred for credit to the crime victim compensation fund established in that judicial district.

(1.5) A cost or surcharge levied pursuant to this section may not be suspended or waived by the court unless the court determines that the defendant against whom the cost or surcharge is levied is indigent.

(1.7) (a) A cost or surcharge levied pursuant to subsection (1)(a) of this section shall not be assessed against a juvenile or against the juvenile's parent, guardian, or legal custodian. A court or the state shall not enforce or collect court-levied costs or surcharges assessed by the court on or after July 6, 2021, that are outstanding against the juvenile or the juvenile's parent, guardian, or legal custodian.

(b) As used in this subsection (1.7), "juvenile" means a person who is under eighteen years old when the crime is committed.

(2) For purposes of determining the order of priority for payments required of a defendant pursuant to section 18-1.3-204 (2.5) the payments to the victim compensation fund required under this part 1 are the first obligation of the defendant.

(3) The provisions of sections 18-1.3-701 and 18-1.3-702 are applicable as to the collection of costs levied pursuant to this part 1.

Source: L. 81: Entire article added, p. 1140, § 5, effective July 1. L. 82: (1) amended, p. 364, § 2, effective March 22; (1)(a) amended and (1)(c) added, p. 604, § 5, effective July 1. L. 83: (1)(a) amended and (1)(d) added, p. 668, § 15, effective July 1. L. 84: (1)(a), (2), and (3) amended, pp. 660, 923, 1120, §§ 20, 15, 21, effective July 1. L. 85: (1)(a) amended, p. 793, § 5, effective April 11. L. 86: (1)(a) amended and (1)(e) added, p. 871, § 1, effective July 1. L. 87: (1)(d) and (1)(a) amended and (1)(e) repealed, pp. 819, 1496, 1529, §§ 32, 6, 74, effective July 1. L. 93: (1) amended, p. 2053, § 3, effective June 9. L. 94: (1)(c) and (1)(d) amended, p. 1637, § 48, effective May 31; (1)(b) and (1)(c) amended, p. 2555, § 51, effective January 1, 1995. L. 96: (1)(d) amended, p. 1695, § 35, effective January 1, 1997. L. 2002: (1)(a), (1)(c), (2), and (3) amended, p. 1529, § 239, effective October 1. L. 2007: (1)(a) and (1)(c) amended and (1)(f) added, p. 1111, § 1, effective July 1. L. 2010: (1)(f)(II) amended and (1.5) added, (HB 10-1265), ch. 178, p. 641, § 1, effective April 29. L. 2021: (1)(a) amended and (1)(d) repealed, (HB 21-1315), ch. 461, p. 3108, § 6, effective July 6; (1)(d) amended, (SB 21-059), ch. 136, p. 742, § 107, effective October 1. L. 2022: (1)(g) added, (HB 22-1229), ch. 68, p. 345, § 28, effective March 1. L. 2024: (1)(a), (1)(b), (1)(c), (1)(f), (1)(g)(I), (2), and (3) amended and (1)(h) added, (SB 24-120), ch. 177, p. 965, § 16, effective May 15. L. 2026: (1.7) added, (HB 26-1232), ch. 98, p. 390, § 8, effective May 4.

Editor's note: (1) Amendments to subsection (1)(c) by Senate Bill 94-001 and Senate Bill 94-206 were harmonized.

(2) Subsection (1)(d) was amended in SB 21-059, effective October 1, 2021. However, those amendments were superseded by the repeal of subsection (1)(d) in HB 21-1315, effective July 6, 2021.

(3) Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act adding subsection (1)(g) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

Cross references: (1) For additional costs imposed on criminal actions and traffic offenses, see § 24-4.2-104; for additional costs levied on alcohol- and drug-related traffic offenses, see §§ 42-4-1301.4 (5) and 43-4-402.

(2) For the legislative declaration contained in the 2002 act amending subsections (1)(a), (1)(c), (2), and (3), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021. For the legislative declaration in HB 26-1232, see section 1 of chapter 98, Session Laws of Colorado 2026.

ANNOTATION

Payment of victim compensation costs does not violate principles of double jeopardy. Costs are not a form of punishment but are essentially civil and are not traditionally considered to be punishment, and the imposition of costs generally does not serve the goals of retribution and deterrence. People v. McQuarrie, 66 P.3d 181 (Colo. App. 2002), overruled on other grounds in Yeadon v. People, 2020 CO 38, 462 P.3d 1087, and Waddell v. People, 2020 CO 39, 462 P.3d 1100.

The costs and surcharges levied pursuant to this section apply to juvenile cases as well as those cases against adults. People in Interest of T.C.C., 2017 COA 138, 410 P.3d 805.

Only the court can waive costs or surcharges levied pursuant to this section. People in Interest of T.C.C., 2017 COA 138, 410 P.3d 805.

Indigence is the only circumstance in which costs or surcharges may be waived. People in Interest of T.C.C., 2017 COA 138, 410 P.3d 805.

Court erred in allowing probation department to determine whether to waive costs and surcharges based on defendant's behavior. The absence of language prohibiting a fee waiver for good behavior does not permit such a waiver. People in Interest of T.C.C., 2017 COA 138, 410 P.3d 805.

A district court has no authority to collect the fee imposed pursuant to subsection (1)(a) after the completion of a deferred sentence and dismissal of the underlying charges. Pineda-Liberato v. People, 2017 CO 95, 403 P.3d 160.