C.R.S. § 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(d) and (e) Repealed.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.