A Bill for an Act
Page 1, Line 101Concerning prohibition of certain monetary assessments
Page 1, Line 102against a juvenile in the justice system.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Under current law, courts may not assess or collect administrative fees, costs, and surcharges in juvenile delinquency cases involving a juvenile under the jurisdiction of the juvenile court when a juvenile has been charged with or adjudicated of certain crimes. The bill prohibits the courts or the state from assessing or collecting any administrative fees, costs, and surcharges assessed against a juvenile who is under 18 years of age when the crime was committed and under 21 years of age when sentenced or the juvenile's parents, guardian, or legal custodian.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 16-11-101.6, add (8) as follows:
Page 2, Line 316-11-101.6. Collection of fines and fees - methods - charges
Page 2, Line 4- judicial collection enhancement fund - definition. (8) (a) Pursuant
Page 2, Line 5to this section, a court shall not assess court-ordered costs
Page 2, Line 6against a juvenile or against the juvenile's parent, guardian, or
Page 2, Line 7legal custodian. A court or the state shall not enforce or
Page 2, Line 8collect court-ordered costs assessed by the court on or after
Page 2, Line 9July 6, 2021, that are outstanding against a juvenile or the juvenile's parent, guardian, or legal custodian.
Page 2, Line 10(b) For purposes of this subsection (8), "juvenile" means a
Page 2, Line 11person who is under eighteen years of age when the crime is
Page 2, Line 12committed and under twenty-one years of age at the time of sentencing.
Page 2, Line 13SECTION 2. In Colorado Revised Statutes, 18-1.3-507, amend (6)(a) as follows:
Page 2, Line 1418-1.3-507. Community or useful public service -
Page 2, Line 15misdemeanors - definition. (6) (a) (I) The court shall assess a fee, not
Page 2, Line 16to exceed one hundred twenty dollars, upon every person required to
Page 2, Line 17perform community or useful public service pursuant to section
Page 2, Line 1818-1.3-501 (2), 18-18-432, or 42-4-1301.4. The amount of the fee must
Page 2, Line 19be commensurate with the costs of administering the person's community
Page 2, Line 20or useful public service program. The court may waive this fee if the
Page 2, Line 21court determines the defendant
to bePage 3, Line 1judicial department operates the local useful public service program, the
Page 3, Line 2court shall transfer each such fee to the state treasurer, who shall credit
Page 3, Line 3the fee to the fund created in section 18-1.3-507.5. The court shall not
Page 3, Line 4impose the fee described in this subsection (6)(a) on a person under the
Page 3, Line 5jurisdiction of the juvenile court, as defined in section 19-1-103, or the
Page 3, Line 6person's parent, guardian, or legal custodian. A court shall not assess
Page 3, Line 7court-ordered fees against a juvenile or against the juvenile's
Page 3, Line 8parent, guardian, or legal custodian. A court or the state shall
Page 3, Line 9not enforce or collect a fee imposed by the court on or after
Page 3, Line 10July 6, 2021, that is outstanding against a juvenile or the juvenile's parent, guardian, or legal custodian.
Page 3, Line 11(II) For purposes of this subsection (6)(a), "juvenile" means
Page 3, Line 12a person who is under eighteen years of age when the crime is
Page 3, Line 13committed and under twenty-one years of age at the time of sentencing.
Page 3, Line 14SECTION 3. In Colorado Revised Statutes, 18-21-103, add (1.4) as follows:
Page 3, Line 1518-21-103. Source of revenues - allocation of money - sex
Page 3, Line 16offender surcharge fund - sexual exploitation of children surcharge
Page 3, Line 17fund - creation - definition. (1.4) (a) A court shall not require a
Page 3, Line 18juvenile or the juvenile's parent, guardian, or legal custodian
Page 3, Line 19to pay the surcharge described in subsection (1) of this section.
Page 3, Line 20A court or the state shall not enforce or collect a
Page 3, Line 21court-ordered surcharge charged to the juvenile or the
Page 3, Line 22juvenile's parent, guardian, or legal custodian on or after July
Page 3, Line 236, 2021, that is outstanding against a juvenile or the juvenile's
Page 3, Line 24parent, guardian, or legal custodian.
Page 4, Line 1(b) For purposes of this subsection (1.4), "juvenile" means
Page 4, Line 2a person who is under eighteen years of age when the crime is
Page 4, Line 3committed and under twenty-one years of age at the time of sentencing.
Page 4, Line 4SECTION 4. In Colorado Revised Statutes, 18-25-101, amend (1)(b) as follows:
Page 4, Line 518-25-101. Restorative justice surcharge - definitions.
Page 4, Line 6(1) (b) (I) The surcharge described in this section does not apply to a
Page 4, Line 7person under the jurisdiction of the juvenile court or the person's parent,
Page 4, Line 8guardian, or legal custodian. The surcharge described in this section
Page 4, Line 9shall not be assessed against a juvenile or charged to the
Page 4, Line 10juvenile's parent, guardian, or legal custodian. A court or the
Page 4, Line 11state shall not enforce or collect any surcharge assessed by
Page 4, Line 12the court on or after July 6, 2021, that is outstanding against a juvenile or the juvenile's parent, guardian, or legal custodian.
Page 4, Line 13(II) For purposes of this subsection (1) (b), "juvenile" means
Page 4, Line 14a person who is under eighteen years of age when the crime is
Page 4, Line 15committed and under twenty-one years of age at the time of sentencing.
Page 4, Line 16SECTION 5. In Colorado Revised Statutes, 21-1-103, amend (3) as follows:
Page 4, Line 1721-1-103. Representation of indigent persons - definition.
Page 4, Line 18(3) (a) The state public defender shall make the determination of
Page 4, Line 19indigency, subject to review by the court. When a defendant or, if
Page 4, Line 20applicable, the defendant's parent or legal guardian requests
Page 4, Line 21representation by a public defender, such person shall submit an
Page 4, Line 22appropriate application, the form of which states that the application is
Page 5, Line 1signed under oath and under the penalty of perjury and that a false
Page 5, Line 2statement may be prosecuted as such. The applicant shall pay a
Page 5, Line 3nonrefundable processing fee of twenty-five dollars if the court-appointed
Page 5, Line 4counsel enters an appearance based upon the application; except that a
Page 5, Line 5person under the jurisdiction of the juvenile court, as defined in section
Page 5, Line 619-1-103; a juvenile; or the person's or juvenile's parent, guardian, or
Page 5, Line 7legal custodian, is not required to pay the processing fee. A court or the
Page 5, Line 8state shall not enforce or collect a processing fee assessed by
Page 5, Line 9the court on or after July 6, 2021, that is outstanding against a
Page 5, Line 10person under the jurisdiction of the juvenile court, as defined in
Page 5, Line 11section 19-1-103; a juvenile; or the person's or juvenile's parent,
Page 5, Line 12guardian, or legal custodian. The fee is assessed at the time of
Page 5, Line 13sentencing, if sentencing occurs, or upon other final disposition of the
Page 5, Line 14case; except that the court may, at sentencing or other final disposition,
Page 5, Line 15waive the fee if the court determines, based upon the financial
Page 5, Line 16information submitted by the party being represented by the
Page 5, Line 17court-appointed counsel, that the person does not have the financial
Page 5, Line 18resources to pay the fee. Before the court appoints a public defender
Page 5, Line 19based on
saidPage 5, Line 20applicable, the defendant's parent or legal guardian that the application is
Page 5, Line 21signed under oath and under the penalty of perjury. A copy of the
Page 5, Line 22application must be sent to the prosecuting attorney for review, and, upon
Page 5, Line 23request, the court shall hold a hearing on the issue of the eligibility for
Page 5, Line 24appointment of the public defender's office. Processing fees collected
Page 5, Line 25pursuant to this subsection (3) are transmitted to the state treasurer, who shall credit the same to the general fund.
Page 5, Line 26(b) For purposes of this subsection (3), "juvenile" means a
Page 6, Line 1person who is under eighteen years of age when the crime is
Page 6, Line 2committed and under twenty-one years of age at the time of sentencing.
Page 6, Line 3SECTION 6. In Colorado Revised Statutes, 24-4.1-119, add (1.7) as follows:
Page 6, Line 424-4.1-119. Costs and surcharges levied on criminal actions
Page 6, Line 5and traffic offenses - definition. (1.7) (a) A cost or surcharge
Page 6, Line 6levied pursuant to subsection (1)(a) of this section must not be
Page 6, Line 7assessed against a juvenile or against the juvenile's parent,
Page 6, Line 8guardian, or legal custodian. A court or the state shall not
Page 6, Line 9enforce or collect court-levied costs or surcharges assessed by
Page 6, Line 10the court on or after July 6, 2021, that are outstanding against
Page 6, Line 11the juvenile or the juvenile's parent, guardian, or legal custodian.
Page 6, Line 12(b) For purposes of this subsection (1.7), "juvenile" means
Page 6, Line 13a person who is under eighteen years of age when the crime is
Page 6, Line 14committed and under twenty-one years of age at the time of sentencing.
Page 6, Line 15SECTION 7. In Colorado Revised Statutes, 24-4.2-104, add (3) as follows:
Page 6, Line 1624-4.2-104. Surcharges levied on criminal actions and traffic
Page 6, Line 17offenses - definition. (3) (a) A cost or surcharge levied pursuant
Page 6, Line 18to subsection (1)(a)(I) of this section must not be assessed
Page 6, Line 19against a juvenile or against the juvenile's parent, guardian, or
Page 6, Line 20legal custodian. A court or the state shall not enforce or
Page 6, Line 21collect court-levied costs or surcharges assessed by the court
Page 6, Line 22on or after July 6, 2021, that are outstanding against the juvenile or the juvenile's parent, guardian, or legal custodian.
Page 7, Line 1(b) For purposes of this subsection (3), "juvenile" means a
Page 7, Line 2person who is under eighteen years of age when the crime is
Page 7, Line 3committed and under twenty-one years of age at the time of sentencing.
Page 7, Line 4SECTION 8. In Colorado Revised Statutes, 42-4-1307, amend (10.5) as follows:
Page 7, Line 542-4-1307. Penalties for traffic offenses involving alcohol and
Page 7, Line 6drugs - legislative declaration - definitions - repeal. (10.5) (a) The
Page 7, Line 7costs and surcharges described in subsection (10) of this section do not
Page 7, Line 8apply to a person under the jurisdiction of the juvenile court, as defined
Page 7, Line 9in section 19-1-103; a juvenile; or the person's or juvenile's parent,
Page 7, Line 10guardian, or legal custodian. A court or the state shall not enforce
Page 7, Line 11or collect a court-levied cost or surcharge assessed by the
Page 7, Line 12court on or after July 6, 2021, that is outstanding against a
Page 7, Line 13person under the jurisdiction of the juvenile court, as defined in
Page 7, Line 14section 19-1-103; a juvenile; or the person's or juvenile's parent, guardian, or legal custodian.
Page 7, Line 15(b) For purposes of this subsection (10.5), "juvenile" means
Page 7, Line 16a person who is under eighteen years of age when the crime is
Page 7, Line 17committed and under twenty-one years of age at the time of sentencing.
Page 7, Line 18SECTION 9. In Colorado Revised Statutes, 18-1.3-701, add (7) as follows:
Page 7, Line 1918-1.3-701. Judgment of costs and fines - definitions. (7) (a)
Page 7, Line 20The costs and fines described in subsections (1) and (2)(m) of this
Page 7, Line 21section must not be assessed against a juvenile or the juvenile's
Page 8, Line 1parent, guardian, or legal custodian. A court or the state shall
Page 8, Line 2not enforce or collect any costs or fines assessed by the court
Page 8, Line 3on or after July 6, 2021, that are outstanding against a juvenile or the juvenile's parent, guardian, or legal custodian.
Page 8, Line 4(b) For purposes of this subsection (7), "juvenile" means a
Page 8, Line 5person who is under eighteen years of age when the crime is
Page 8, Line 6committed and under twenty-one years of age at the time of sentencing.
Page 8, Line 7SECTION 10. Safety clause. The general assembly finds,
Page 8, Line 8determines, and declares that this act is necessary for the immediate
Page 8, Line 9preservation of the public peace, health, or safety or for appropriations for
Page 8, Line 10the support and maintenance of the departments of the state and state institutions.