Colo. Rev. Stat. § 24-4.2-104 (2026)
Surcharges levied on criminal actions and traffic offenses
(1) (a) (I) A surcharge equal to thirty-seven percent of the fine imposed for each felony, misdemeanor, or class 1 or class 2 misdemeanor traffic offense, or a surcharge 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, whichever amount is greater, except as otherwise provided in subsection (1)(b) of this section, is levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102, which criminal action is charged pursuant to state statute. The defendant shall pay these surcharges to the clerk of the court. Each clerk shall transmit the money to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.
(II) (A) In addition to any other surcharge provided for in this section, a surcharge of one thousand three hundred dollars shall be levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102, C.R.S., which criminal action is charged pursuant to the statutes listed in sub-subparagraph (B) of this subparagraph (II). These surcharges shall be paid to the clerk of the court by the defendant. Any moneys collected by the clerk pursuant to this subparagraph (II) shall be transmitted to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.
(B) The surcharge in sub-subparagraph (A) of this subparagraph (II) shall apply to charges brought pursuant to the following sections: 18-3-305, 18-3-402, 18-3-403, as it existed prior to July 1, 2000, 18-3-404, 18-3-405, 18-3-405.3, 18-3-405.5, 18-3-503, 18-3-504, 18-6- 301, 18-6-302, 18-6-403, 18-6-404, 18-7-302, 18-7-402, 18-7-405, 18-7-405.5, and 18-7-406, C.R.S., or any attempt to commit any of these crimes.
(C) (Deleted by amendment, L. 93, p. 2054, § 5, effective June 9, 1993.)
(b) (I) A surcharge shall be levied against a 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, C.R.S. The amount of such surcharge shall be one half of the amount specified in the penalty and surcharge schedule in section 42-4-1701 (4), C.R.S., or, if no amount is specified, thirty-seven percent of the penalty imposed. All moneys collected by the department of revenue pursuant to this subparagraph (I) shall be transmitted to the court administrator of the judicial district in which the infraction occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district as provided in section 42-1-217, C.R.S. Surcharges paid to the clerk of the court pursuant to this subparagraph
(I) shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.
(II) A surcharge shall be levied against all penalty assessments issued pursuant to section 33-6-104, C.R.S., in an amount equal to thirty-seven percent of the penalty imposed. Any moneys collected by the division of parks and wildlife pursuant to this subparagraph (II) shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.
(III) 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 administrator of the judicial department in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.
(c) All calculated surcharge amounts resulting in dollars and cents shall be rounded down to the nearest whole dollar. The surcharge levied by this section may not be suspended or waived by the court unless the court determines that the defendant is indigent.
(d) The surcharges levied pursuant to this subsection (1) are separate and distinct from costs levied pursuant to section 24-4.1-119 for the crime victim compensation fund.
(1.5) Repealed.
(2) The provisions of sections 18-1.3-701 and 18-1.3-702, C.R.S., shall be applicable to the collection of costs levied pursuant to this section.
Source: L. 84: Entire article added, p. 662, § 22, effective July 1. L. 85: (1)(a) amended and (1)(b) R&RE, pp. 795, 796, §§ 2, 3, effective July 1. L. 86: (1)(b)(I) amended, p. 1193, § 3, effective July 1. L. 87: (1) amended, p. 1497, § 7, effective July 1. L. 90: (1)(a) and (1)(c) amended, p. 1181, § 5, effective July 1. L. 91: (1)(a) and (1)(b)(I) amended, p. 241, § 1, effective July 1. L. 93: (1)(a)(I) and (1)(a)(II) amended, pp. 2053, 2054, §§ 4, 5, effective June 9. L. 94:
(1)(b)(I) amended, p. 2555, § 52, effective January 1, 1995. L. 96: (1)(a)(I) amended, p. 1695, § 36, effective January 1, 1997. L. 97: (1)(a)(II)(B) amended, p. 1547, § 21, effective July 1. L. 2000: (1)(a)(II)(B) amended, p. 707, § 35, effective July 1. L. 2002: (1)(a)(I), (1)(a)(II)(A), and
(2) amended, p. 1530, § 241, effective October 1. L. 2003: (1)(a)(I), (1)(a)(II)(A), and (1)(b)(I) amended, p. 1542, § 2, effective May 1. L. 2007: (1)(a)(I), (1)(a)(II)(A), and (1)(b)(I) amended and (1.5) added, p. 1112, § 3, effective July 1. L. 2010: (1)(a)(II)(B) amended, (SB 10-140), ch. 156, p. 540, § 12, effective April 21. L. 2014: (1)(a)(II)(B) amended, (HB 14-1273), ch. 282, p. 1157, § 24, effective July 1. L. 2021: (1)(a)(I) amended, (HB 21-1315), ch. 461, p. 3109, § 7, effective July 6; (1)(a)(I) amended, (SB 21-059), ch. 136, p. 744, § 111, effective October 1. L. 2022: (1)(b)(III) added, (HB 22-1229), ch. 68, p. 346, § 29, effective March 1. Editor's note: (1) Subsection (1.5)(b) provided for the repeal of subsection (1.5), effective July 1, 2008. (See L. 2007, p. 1112.)
(2) Amendments to subsection (1)(a)(I) by HB 21-1315 and SB 21-059 were harmonized.
(3) Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act adding subsection (1)(b)(III) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.
Cross references: (1) For additional costs imposed on criminal actions and traffic offenses, see § 24-4.1-119; 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)(I), (1)(a)(II)(A), and (2), 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.
24-4.2-105. Allocation of money from fund - application for grants - disbursements - repeal. (1) Thirteen percent of the aggregate amount of the moneys in the fund, after payment of the expenses specified in section 24-4.2-103 (4), shall be deposited with the state treasurer to the credit of the fund created pursuant to section 24-33.5-506.
(2) Not less than eighty-five percent of the net aggregate of the fund remaining after the deduction of the amounts specified in subsection (1) of this section shall be allocated for the purchase of victims and witnesses services pursuant to subsection (4) of this section, and the remaining moneys may be allocated to the police departments, sheriffs' departments, and district attorneys for the purposes specified in subsection (3) of this section.
(2.5) (a) The board shall not accept, evaluate, or approve any application requesting grants of money from the fund submitted by, or on behalf of, any state agency, including local offices of such agencies; except that:
(I) The court administrator of each judicial district may apply for grants of moneys for the purpose of collecting all moneys assessed by the courts, including moneys owed pursuant to this article, and collecting and disbursing restitution owed to victims of crime; and
(II) The local probation department may apply for grants of moneys for the purpose of implementing the rights of victims established pursuant to article 4.1 of this title.
(b) The state judicial department shall study alternative methods for funding the collection of restitution owed to victims of crime.
(3) The board shall accept and evaluate applications from the law enforcement agencies listed in subsection (2) of this section requesting grants of moneys for the following purposes, including, but not limited to, purchase of equipment, training programs, and additional personnel. Such moneys shall not be used for defraying the costs of routine and ongoing operating expenses.
(4) The board is authorized to enter into contracts for the purchase and coordination of victims and witnesses assistance services with persons or agencies which the board deems appropriate. Victims and witnesses assistance services may be used for the following:
(a) Provision of services for early crisis intervention;
(b) Provision of telephone lines for victims and witnesses assistance;
(c) Referral of victims to appropriate social service and victim compensation programs and assistance in filling out forms for compensation; (c.5) Assistance programs for victims and their families;
(d) Education of victims and witnesses about the operation of the criminal justice system;
(e) Assistance in prompt return of the victims' property;
(f) Notification to the victim of the progress of the investigation, the defendant's arrest, subsequent bail determinations, and the status of the case;
(g) Intercession with the employers or creditors of victims or witnesses;
(h) Assistance to the elderly and to persons with disabilities in arranging transportation to and from court;
(i) Provision of translator services;
(j) Coordination of efforts to assure that victims have a secure place to wait before testifying;
(k) Provision of counseling or assistance during court appearances when appropriate;
(l) Protection from threats of harm and other forms of intimidation; and
(m) Special advocate services.
(4.3) (a) Moneys allocated for the purposes specified in subsections (3) and (4) of this section shall only be used for the purchases of equipment, training programs, additional personnel, and victims and witnesses services that are directly related to the implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the provision of services delineated pursuant to sections 24-4.1-303 and 24-4.1-304.
(b) Equipment that may be purchased with such moneys includes technical equipment directly related to the immediate individual physical safety of crime victims.
(c) Grants of moneys may be approved for registration fees and expenses for lodging, travel, and meals for those in-state training programs specifically directed toward delivery of services to crime victims and for the actual cost of providing the necessary staff training directly related to the implementation of the rights afforded to crime victims pursuant to section 24-4.1- 302.5 and the provision of services delineated pursuant to sections 24-4.1-303 and 24-4.1-304. Nothing in this subsection (4.3) shall preclude volunteer board members from receiving reimbursement for actual and necessary expenses incurred at in-state training programs held pursuant to this paragraph (c). Expenses for lodging, travel, and meals which may be reimbursed pursuant to this paragraph (c) shall not exceed the state government expense reimbursement guidelines.
(4.7) A requesting agency or person shall acknowledge in writing that such agency or person has read and understands the rights afforded to crime victims pursuant to section 24-4.1- 302.5 and the services delineated pursuant to sections 24-4.1-303 and 24-4.1-304. Such written acknowledgment shall be attached to such requesting agency's or person's application for moneys pursuant to this section. The board shall not accept for evaluation any application for a grant of moneys pursuant to this section until the requesting agency or person provides the board with such written acknowledgment.
(5) The board shall specify levels and types of services to be provided pursuant to this section and shall review expenditures in accord with these standards.
(6) Upon a finding by the board that a disbursement shall be made from the fund, the board shall submit a written request for payment to the court administrator who shall remit payment in accordance with the request.
(6.5) (a) The victims and witnesses assistance and law enforcement board for the eighteenth judicial district, in consultation with the district attorney for the eighteenth judicial district and the interim chief judge for Douglas, Elbert, and Lincoln counties, has the authority to contract for services consistent with this section on behalf of the board for the twenty-third judicial district for services and grant applications to be provided from July 1, 2024, through June 30, 2025. The eighteenth judicial district victims and witnesses assistance and law enforcement board shall report to the department of public safety concerning grants applied for and services contracted for on behalf of the twenty-third judicial district pursuant to section 24- 4.2-108 (1).
(b) This subsection (6.5) is repealed, effective July 1, 2025.
(7) For purposes of this section:
(a) "Victim" and "witness" mean "victim" and "witness" as defined in section 24-4.1- 302.
(b) "Special advocate services" means the services offered to aid victims who are children, including, but not limited to, court-appointed special advocate (CASA) programs, sexual assault treatment and prevention programs, community-based youth and family servicing programs, gang alternative programs, school-based intervention and prevention programs, big brother and big sister programs offering aid to children who are victims, restitution programs, partners programs offering aid to children who are victims, and child abuse treatment programs.
(c) "Court-Appointed Special Advocate" or "CASA" means a trained volunteer appointed by the court pursuant to the provisions of part 2 of article 1 of title 19, C.R.S., in a district to aid the court by providing independent and objective information as directed by the court, regarding children involved in actions brought pursuant to this title.
Source: L. 84: Entire article added, p. 662, § 22, effective July 1. L. 88: (4)(c.5) added, p. 892, § 1, effective July 1. L. 90: (1) amended, p. 1181, § 6, effective July 1. L. 91: (4)(k), (4)(l), and (7) amended and (4)(m) added, p. 242, § 2, effective July 1. L. 93: (4)(h) amended, p. 1653, § 54, effective July 1. L. 94: (2) and (3) amended and (2.5), (4.3), and (4.7) added, p. 1243, § 1, effective May 22. L. 95: (4.7) amended, p. 1103, § 36, effective May 31. L. 96: (7)(c) amended, p. 1094, § 5, effective May 23; (2.5)(b) amended, p. 1265, § 178, effective August 7. L. 97: (2.5)(a) amended, p. 1562, § 8, effective July 1. L. 2003: (7)(b) amended, p. 755, § 7, effective March 25. L. 2024: (6.5) added, (HB 24-1013), ch. 43, p. 155, § 8, effective April 4.
Cross references: For the legislative declaration contained in the 1996 act amending subsection (2.5)(b), see section 1 of chapter 237, Session Laws of Colorado 1996.