Colo. Rev. Stat. » Title 24
Colorado Revised Statutes

Colo. Rev. Stat. § 24-4.1-119 (2026)

Costs and surcharges levied on criminal actions and traffic offenses

✓ current as of July 2026
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(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 (d) and (e) Repealed.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.

(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.

Source: L. 81: Entire article added, p. 1140, § 5, effective July 1. L. 82: (1) amended, p. 364, § 2, effective March 22; (1)(a) amended and (1)(c) added, p. 604, § 5, effective July 1. L. 83: (1)(a) amended and (1)(d) added, p. 668, § 15, effective July 1. L. 84: (1)(a), (2), and (3) amended, pp. 660, 923, 1120, §§ 20, 15, 21, effective July 1. L. 85: (1)(a) amended, p. 793, § 5, effective April 11. L. 86: (1)(a) amended and (1)(e) added, p. 871, § 1, effective July 1. L. 87: (1)(d) and (1)(a) amended and (1)(e) repealed, pp. 819, 1496, 1529, §§ 32, 6, 74, effective July 1. L. 93: (1) amended, p. 2053, § 3, effective June 9. L. 94: (1)(c) and (1)(d) amended, p. 1637, § 48, effective May 31; (1)(b) and (1)(c) amended, p. 2555, § 51, effective January 1, 1995. L. 96:

(1)(d) amended, p. 1695, § 35, effective January 1, 1997. L. 2002: (1)(a), (1)(c), (2), and (3) amended, p. 1529, § 239, effective October 1. L. 2007: (1)(a) and (1)(c) amended and (1)(f) added, p. 1111, § 1, effective July 1. L. 2010: (1)(f)(II) amended and (1.5) added, (HB 10-1265), ch. 178, p. 641, § 1, effective April 29. L. 2021: (1)(a) amended and (1)(d) repealed, (HB 21- 1315), ch. 461, p. 3108, § 6, effective July 6; (1)(d) amended, (SB 21-059), ch. 136, p. 742, § 107, effective October 1. L. 2022: (1)(g) added, (HB 22-1229), ch. 68, p. 345, § 28, effective March 1. L. 2024: (1)(a), (1)(b), (1)(c), (1)(f), (1)(g)(I), (2), and (3) amended and (1)(h) added, (SB 24-120), ch. 177, p. 965, § 16, effective May 15. Editor's note: (1) Amendments to subsection (1)(c) by Senate Bill 94-001 and Senate Bill 94-206 were harmonized.

(2) Subsection (1)(d) was amended in SB 21-059, effective October 1, 2021. However, those amendments were superseded by the repeal of subsection (1)(d) in HB 21-1315, effective July 6, 2021.

(3) Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act adding subsection (1)(g) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

(4) Section 18 of chapter 177 (SB 24-120), Session Laws of Colorado 2024, provides that the act changing this section applies to approvals for compensation pursuant to the "Colorado Crime Victim Compensation Act" on or after May 15, 2024.

Cross references: (1) For additional costs imposed on criminal actions and traffic offenses, see § 24-4.2-104; for additional costs levied on alcohol- and drug-related traffic offenses, see §§ 42-4-1301 (7)(d) and (7)(g), 42-4-1301.4 (5), and 43-4-402.

(2) For the legislative declaration contained in the 2002 act amending subsections (1)(a), (1)(c), (2), and (3), 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.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1993–2025 · leading case: Pineda-Liberato v. People, 2017 CO 95 (Colo. 2017).
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Pineda-Liberato v. People, 2017 CO 95 (Colo. 2017). · cites it 8× “¶55 First, at the time that the district court imposed Pineda-Liberato’s deferred sentence, section 24-4.1-119(1)(a), C.R.S. (2006), levied a cost of $125 per felony on “each criminal action resulting in a conviction or in a deferred judgment and sentence.”
People v. Nelson, 2015 CO 68 (Colo. 2015). · cites it 17× “§ 24-4.1-119. These fines go into the crime victim compensation fund housed in each judicial district.”
v. People, 2020 CO 39 (Colo. 2020). · cites it 2× “2-104(1)(c); § 24-4.1-119(1.5), does not alter this determination.”
People v. Lowe, 60 P.3d 753 (Colo. Ct. App. 2002). · cites it 3× “Further, the last section of the Restitution Act, which addresses the order of crediting payments, provides: Payments received shall be credited in the following order: (a) Costs for crime victims compensation fund, pursuant to section 24-4.1-119, C.R.S.; (b) Surcharges for…”
People v. McQuarrie, 66 P.3d 181 (Colo. Ct. App. 2002). · cites it 2× “2002; vice-tim compensation costs, § 24-4.1-119(1)(a), C.R.S.2002; and victims and witnesses surcharge, § 24-4.”
People v. Nelson, 369 P.3d 625 (Colo. Ct. App. 2013). · cites it 2× “2012 (providing that the costs in a eriminal case shall be paid by the state when the defendant is acquitted); § 24-4.1-119(1)(a), C.R.S.2012 (providing for, among other things, costs to be levied against a defendant on each criminal action resulting in a felony conviction); §…”
People v. Roberts, 865 P.2d 938 (Colo. Ct. App. 1993). · cites it 2× “Sections 24-4.1-119, C.R.S. (1993 Cum. Supp.”
People v. Nelson, 2015 CO 68 (Colo. 2015). · cites it 10× “§ 24-4.1-119. These fines go into the crime victim compensation fund housed in each judicial district.”
People ex rel. T.C.C., 410 P.3d 805 (Colo. Ct. App. 2017). · cites it 12× “The People contend that the crime victim and witness compensation statutes, section 24-4.1-119, C.R.S. 2017 and section 24-4.”
Peo v. Kolacny (Colo. Ct. App. 2025). · cites it 3× “2024 (authorizing public defender application 30 fee at sentencing); § 18-25-101(4) (authorizing waiver of restorative justice surcharge); § 24-4.1-119(1.5) (authorizing waiver of victim compensation surcharge); § 24-4.”
Peo v. Palmer (Colo. Ct. App. 2025). “is levied on each criminal action”); § 24-4.1-119(1), (1.5), C.R.S. 2025 (relating to the victim’s compensation fund, “a cost of [$163] .”
— Colo. Rev. Stat. § 24-4.1-119(1) — 1 case
Peo v. Palmer (Colo. Ct. App. 2025). “is levied on each criminal action”); § 24-4.1-119(1), (1.5), C.R.S. 2025 (relating to the victim’s compensation fund, “a cost of [$163] .”
— Colo. Rev. Stat. § 24-4.1-119(1)(a) — 7 cases
Pineda-Liberato v. People, 2017 CO 95 (Colo. 2017). “¶55 First, at the time that the district court imposed Pineda-Liberato’s deferred sentence, section 24-4.1-119(1)(a), C.R.S. (2006), levied a cost of $125 per felony on “each criminal action resulting in a conviction or in a deferred judgment and sentence.”
People v. Nelson, 2015 CO 68 (Colo. 2015). “§ 24-4.1-119. These fines go into the crime victim compensation fund housed in each judicial district.”
People v. McQuarrie, 66 P.3d 181 (Colo. Ct. App. 2002). “2002; vice-tim compensation costs, § 24-4.1-119(1)(a), C.R.S.2002; and victims and witnesses surcharge, § 24-4.”
v. People, 2020 CO 39 (Colo. 2020). “2-104(1)(c); § 24-4.1-119(1.5), does not alter this determination.”
People v. Nelson, 369 P.3d 625 (Colo. Ct. App. 2013). “2012 (providing that the costs in a eriminal case shall be paid by the state when the defendant is acquitted); § 24-4.1-119(1)(a), C.R.S.2012 (providing for, among other things, costs to be levied against a defendant on each criminal action resulting in a felony conviction); §…”
— Colo. Rev. Stat. § 24-4.1-119(d) — 1 case
People ex rel. T.C.C., 410 P.3d 805 (Colo. Ct. App. 2017). “The People contend that the crime victim and witness compensation statutes, section 24-4.1-119, C.R.S. 2017 and section 24-4.”
— Colo. Rev. Stat. § 24-4.1-119(l)(a) — 1 case
Pineda-Liberato v. People, 2017 CO 95 (Colo. 2017). “¶55 First, at the time that the district court imposed Pineda-Liberato’s deferred sentence, section 24-4.1-119(1)(a), C.R.S. (2006), levied a cost of $125 per felony on “each criminal action resulting in a conviction or in a deferred judgment and sentence.”
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