| Frequently Asked 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. Restitution is a final judgment that does not expire. There is no statute of limitations for collecting court-ordered restitution. Back to top How is restitution ordered?The prosecuting attorney must request that the court order restitution upon conviction. Each District Attorney’s Office (DA) has a Victim Advocate as a point of contact for victims of crime. It is important for any victim seeking restitution to contact the Victim Advocate in the prosecuting DA’s Office. Back to top Can the restitution order be changed?The court's authority to modify restitution is limited. Victims requesting an increase in restitution must contact the prosecuting DA’s office to ask for assistance. Restitution may only be decreased 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, C.R.S. Back to top What happens after restitution is ordered?The collection of restitution can take place over a length of time and depends on the amount owed and the offender’s financial status and ability to pay. As a practical matter, an offender who has no money or potential to make money may be less likely to make meaningful restitution payments. Court-ordered restitution is due the day it is ordered and must be paid to the Clerk of Court. The offender is directed to meet with a Collections Investigator to establish a payment plan if they are unable to pay in full the day restitution is ordered. 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 is eligible for a Colorado State income tax refund, or other monies disbursed by the state, the court will intercept the money and apply it to the balance owed. How long does it take for the court to disburse restitution payments?Restitution that has been collected from offenders is disbursed by the court following a hold period, to ensure funds are available. It is important that the Clerk of Court has a victim’s correct address to ensure delivery of payments. Victims may contact their DA’s Office or notify the court of any change of address by submitting form JDF 88. 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 Section 18-1.3-603, C.R.S. Interest continues 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 Investigators 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 other available remedies. Back to top Can the victim collect restitution on their own?Victims 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. Victims who chooses to pursue collection on their own must first file notice with the sentencing court by submitting form JDF 229. Once the notice has been filed, the following efforts by the court to collect restitution stop:
The victim will become responsible for:
Victims may decide to withdraw from pursuing collections on their own by filing form JDF 230 with the court. Form JDF 242 must accompanying that notice, detailing the payment dates and amounts of restitution the victim collected. For more information and to access JDF forms, please visit www.courts.state.co.us. Collections Investigators and the Office of Restitution Services are available to answer questions. For further collection remedies that the victim may pursue, please refer to Section 16-18.5-107, C.R.S. Back to top How does the victim find out about restitution when the offender is sentenced to a correctional facility?Collections Investigators and the Office of Restitution Services are available to answer questions, regardless of an offender’s status. However, responsibility for collection of restitution transfers to the Department of Corrections or the Division of Youth Services while the offender is in custody of that facility. Payments continue to be sent to the Clerk of Court for disbursement to victims. Please contact the appropriate department listed below for additional information: Department of Corrections Division of Youth Services
Please contact the Office of Restitution Services with any questions: (720) 625-5060 (833) 489-2713 |
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Frequently Asked Questions
Home
Administration
Financial Services
Office of Restitution Services
Frequently Asked Questions