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. 

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. 

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.

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.

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. 

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. 

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. 

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:

• collections staff will not actively pursue,
• intercepted funds will not apply, and
• interest will no longer be calculated by the court.

The victim will become responsible for:

• calculating interest,
• identifying the offender’s income and assets,
• issuing garnishments and liens through the court and notifying the court of any direct payments by submitting form JDF 242.

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. 

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
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
spiro.koinis@state.co.us