(1) [ Editor's note: This version of subsection (1) is effective March 1, 2022. ] If the defendant is assessed any fines, fees, costs, surcharges, or other monetary assessments with regard to the sentencing or other disposition of a felony, misdemeanor, petty offense, civil infraction, traffic offense, or traffic infraction and does not pay all amounts assessed in full on the date of the assessment, the defendant shall pay to the clerk of the court an additional time payment fee of twenty-five dollars. The time payment fee may be assessed once per case; except that, if amounts owed in the case have still not been paid in full one year after the date of the assessment, the fee may be assessed annually until the defendant has fully satisfied his or her financial obligation in the case. In addition, there may be assessed against a defendant a late penalty fee of ten dollars each time a payment toward the fines, fees, costs, surcharges, or other amounts owed is not received on or before the date due. If the court determines that the defendant does not have the financial resources to pay a time payment fee or a late penalty fee, the court may waive or suspend a time payment fee or a late penalty fee. Amounts collected are credited first against the time payment and any late penalty fees assessed under this subsection (1), then against any fines, and finally against any costs. The time payment fee and late penalty fee described in this subsection (1) do not apply to a person under the jurisdiction of the juvenile court or the person's parent, guardian, or legal custodian.
Source: L. 96: Entire section added, p. 1777, § 2, effective June 3. L. 2000: (1), (3), (4), and (5) amended, p. 1044, § 6, effective September 1. L. 2002: (5) amended, p. 1016, § 18, effective June 1; (1) amended, p. 1494, § 139, effective October 1. L. 2005: (6) added, p. 697, § 1, effective August 8. L. 2011: (1) and (2) amended, (HB 11-1076), ch. 178, p. 678, § 1, effective July 1. L. 2012: (4) amended, (HB 12-1310), ch. 268, p. 1394, § 8, effective June 7. L. 2019: (6)(a) and (6)(c) amended, (SB 19-088), ch. 110, p. 466, § 5, effective July 1, 2020. L. 2021: (1) amended, (HB 21-1315), ch. 461, p. 3110, § 11, effective July 6; (1) amended, (SB 21-271), ch. 462, p. 3164, § 174, effective March 1, 2022.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.