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| Office of Restitution Services |
FREQUENTLY ASKED RESTITUTION QUESTIONS
WHAT IS RESTITUTION?Restitution is an order made by the court holding offenders accountable for the financial losses they caused to the victims of their crimes. Back to top HOW IS RESTITUTION ORDERED?The prosecuting attorney must request that the court order restitution upon conviction. The Colorado Attorney General’s Office (AG) and each District Attorney’s Office (DA) has a Victim Advocate as a point of contact for victims of crime. Any victim seeking restitution must contact the Victim Advocate in the AG or prosecuting DA Office. Back to top CAN THE RESTITUTION ORDER BE CHANGED?The court's authority to modify restitution is limited. If the victim is requesting an increase in restitution, they must contact the AG or local DA office and ask for assistance. Restitution may only be deceased with consent of the prosecuting attorney and the victim(s) or if the offender has otherwise compensated the victim(s) per section §18-1.3-603 of the Colorado Revised Statutes. Back to top WHAT HAPPENS AFTER RESTITUTION IS ORDERED?Court ordered restitution is due the day it is ordered and must be paid to the Clerk of Court. The offender must meet with a Collections Investigator to establish a payment plan if they are unable to immediately pay the full amount. The payment plan will include details such as the amount of restitution and any interest owed, payment amounts, and payment due dates. If an offender receives a state income tax refund, or other monies dispersed by the state, the court will intercept the money and apply it to the balance owed. Back to top HOW LONG DOES IT TAKE FOR THE COURT TO DISBURSE RESTITUTION PAYMENTS?Restitution that has been collected from the offender is dispersed between one and forty-five days from the date payment is received by the court, depending on the type of payment. It is important that the Clerk of Court has the victim’s correct address to ensure payments are delivered. The victim shall notify the court in writing of any change of address information by submitting a copy of their photo ID along with their name, new address, phone number and the court case number. The collection of restitution can take place over a length of time and depends on factors such as the amount owed, the offender’s financial status and ability to pay. Back to top DOES INTEREST APPLY?All sentences with restitution orders entered on or after September 1, 2000 are subject to simple interest at the rate of 8% per year. Interest is assessed monthly and calculated on the outstanding restitution principal amount, with limited exceptions noted in §18-1.3-603. Interest will continue to accrue as long as there is an outstanding restitution principal balance. Back to top WHAT HAPPENS IF AN OFFENDER FAILS TO MAKE A PAYMENT?Collections staff will use escalating enforcement measures to prompt payment. These measures may include phone calls, emails and letters, assessment of late fees and costs, garnishment of wages or other assets, along with any other legally available remedies. Back to top CAN THE VICTIM COLLECT RESTITUTION ON THEIR OWN?A victim may choose to take on the responsibility of collecting restitution on their own. Nothing in this process requires filing a new or separate civil case in the State of Colorado. If the victim chooses to pursue collection on their own, they shall first notify the court by filing notice with the sentencing court. Once the notice has been filed, efforts by the court to collect restitution will stop, including:
The victim will become responsible for:
The victim may decide to withdraw from pursuing collections on their own by filing notice with the court. The notice must state how much restitution, if any, the victim collected along with documentation showing the payment dates and amounts collected. For more information and access to the required forms, please visit the Restitution Section of the Forms page. Your Collections Investigator and the Office of Restitution Services are available to answer questions. For further collection remedies that the victim may pursue, please refer to §16-18.5-107 of the Colorado Revised Statutes. Back to top HOW DOES THE VICTIM FIND OUT ABOUT RESTITUTION WHEN THE OFFENDER IS SENTENCED TO A CORRECTIONAL FACILITY?Your Collections Investigator and the Office of Restitution Services are available to answer questions. Responsibility for collection of restitution transfers to the Department of Corrections or the Division of Youth Corrections while the offender is in custody with that facility, and payments will continue to come to the Clerk of Court. Please contact the appropriate department listed below for additional information: Department of Corrections Inmate Banking PO Box 230 Canyon City, CO 81215 Phone: (719) 269-4271 or (719) 269-4052 doc_inmateaccounts@state.co.us Division of Youth Services 4255 South Knox Court Denver, CO 80236 Spiro Koinis, Victim Services Phone: (303) 866-7852 or (720) 810-3003
If you have comments or questions, please call the Clerk’s Office at your local courthouse or the Office of Restitution Services. (720) 625-5060 (833) 489-2713 |
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