First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0877.01 Chelsea Princell x4335
HOUSE BILL 25-1294
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING PROHIBITION OF CERTAIN MONETARY ASSESSMENTS101
AGAINST A JUVENILE IN THE JUSTICE SYSTEM .102
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
HOUSE SPONSORSHIP
Jackson and Joseph,
SENATE SPONSORSHIP
Exum,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. sentenced or the juvenile's parents, guardian, or legal custodian.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 16-11-101.6, add (8)2
as follows:3
16-11-101.6. Collection of fines and fees - methods - charges4
- judicial collection enhancement fund - definition. (8) (a) P
URSUANT5
TO THIS SECTION, A COURT SHALL NOT ASSESS COURT -ORDERED COSTS6
AGAINST A JUVENILE OR AGAINST THE JUVENILE'S PARENT, GUARDIAN, OR7
LEGAL CUSTODIAN. A COURT OR THE STATE SHALL NOT ENFORCE OR8
COLLECT COURT-ORDERED COSTS ASSESSED BY THE COURT ON OR AFTER9
J
ULY 6, 2021, THAT ARE OUTSTANDING AGAINST A JUVENILE OR THE10
JUVENILE'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN.11
(b) F
OR PURPOSES OF THIS SUBSECTION (8), "JUVENILE" MEANS A12
PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE WHEN THE CRIME IS13
COMMITTED AND UNDER TWENTY -ONE YEARS OF AGE AT THE TIME OF14
SENTENCING.15
SECTION 2. In Colorado Revised Statutes, 18-1.3-507, amend16
(6)(a) as follows:17
18-1.3-507. Community or useful public service -18
misdemeanors - definition. (6) (a) (I) The court shall assess a fee, not19
to exceed one hundred twenty dollars, upon every person required to20
perform community or useful public service pursuant to section21
18-1.3-501 (2), 18-18-432, or 42-4-1301.4. The amount of the fee must22
be commensurate with the costs of administering the person's community23
or useful public service program. The court may waive this fee if the24
court determines the defendant to be
IS indigent. In counties where the25
HB25-1294-2- judicial department operates the local useful public service program, the1
court shall transfer each such fee to the state treasurer, who shall credit2
the fee to the fund created in section 18-1.3-507.5. The court shall not3
impose the fee described in this subsection (6)(a) on a person under the4
jurisdiction of the juvenile court, as defined in section 19-1-103, or the5
person's parent, guardian, or legal custodian. A
COURT SHALL NOT ASSESS6
COURT-ORDERED FEES AGAINST A JUVENILE OR AGAINST THE JUVENILE 'S7
PARENT, GUARDIAN, OR LEGAL CUSTODIAN. A COURT OR THE STATE SHALL8
NOT ENFORCE OR COLLECT A FEE IMPOSED BY THE COURT ON OR AFTER9
J
ULY 6, 2021, THAT IS OUTSTANDING AGAINST A JUVENILE OR THE10
JUVENILE'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN.11
(II) F
OR PURPOSES OF THIS SUBSECTION (6)(a), "JUVENILE" MEANS12
A PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE WHEN THE CRIME IS13
COMMITTED AND UNDER TWENTY -ONE YEARS OF AGE AT THE TIME OF14
SENTENCING.15
SECTION 3. In Colorado Revised Statutes, 18-21-103, add (1.4)16
as follows:17
18-21-103. Source of revenues - allocation of money - sex18
offender surcharge fund - sexual exploitation of children surcharge19
fund - creation - definition. (1.4) (a) A
COURT SHALL NOT REQUIRE A20
JUVENILE OR THE JUVENILE'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN21
TO PAY THE SURCHARGE DESCRIBED IN SUBSECTION (1) OF THIS SECTION.22
A
COURT OR THE STATE SHALL NOT ENFORCE OR COLLECT A23
COURT-ORDERED SURCHARGE CHARGED TO THE JUVENILE OR THE24
JUVENILE'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN ON OR AFTER JULY25
6,
2021, THAT IS OUTSTANDING AGAINST A JUVENILE OR THE JUVENILE 'S26
PARENT, GUARDIAN, OR LEGAL CUSTODIAN.27
HB25-1294
-3- (b) FOR PURPOSES OF THIS SUBSECTION (1.4), "JUVENILE" MEANS1
A PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE WHEN THE CRIME IS2
COMMITTED AND UNDER TWENTY -ONE YEARS OF AGE AT THE TIME OF3
SENTENCING.4
SECTION 4. In Colorado Revised Statutes, 18-25-101, amend5
(1)(b) as follows:6
18-25-101. Restorative justice surcharge - definitions.7
(1) (b) (I) The surcharge described in this section does not apply to a8
person under the jurisdiction of the juvenile court or the person's parent,9
guardian, or legal custodian. T
HE SURCHARGE DESCRIBED IN THIS SECTION10
SHALL NOT BE ASSESSED AGAINST A JUVENILE OR CHARGED TO THE11
JUVENILE'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN. A COURT OR THE12
STATE SHALL NOT ENFORCE OR COLLECT ANY SURCHARGE ASSESSED BY13
THE COURT ON OR AFTER JULY 6, 2021, THAT IS OUTSTANDING AGAINST A14
JUVENILE OR THE JUVENILE'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN.15
(II) F
OR PURPOSES OF THIS SUBSECTION (1) (b), "JUVENILE" MEANS16
A PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE WHEN THE CRIME IS17
COMMITTED AND UNDER TWENTY -ONE YEARS OF AGE AT THE TIME OF18
SENTENCING.19
SECTION 5. In Colorado Revised Statutes, 21-1-103, amend (3)20
as follows:21
21-1-103. Representation of indigent persons - definition.22
(3) (a) The state public defender shall make the determination of23
indigency, subject to review by the court. When a defendant or, if24
applicable, the defendant's parent or legal guardian requests25
representation by a public defender, such person shall submit an26
appropriate application, the form of which states that the application is27
HB25-1294
-4- signed under oath and under the penalty of perjury and that a false1
statement may be prosecuted as such. The applicant shall pay a2
nonrefundable processing fee of twenty-five dollars if the court-appointed3
counsel enters an appearance based upon the application; except that a4
person under the jurisdiction of the juvenile court, as defined in section5
19-1-103;
A JUVENILE; or the person's OR JUVENILE'S parent, guardian, or6
legal custodian, is not required to pay the processing fee. A
COURT OR THE7
STATE SHALL NOT ENFORCE OR COLLECT A PROCESSING FEE ASSESSED BY8
THE COURT ON OR AFTER JULY 6, 2021, THAT IS OUTSTANDING AGAINST A9
PERSON UNDER THE JURISDICTION OF THE JUVENILE COURT , AS DEFINED IN10
SECTION 19-1-103; A JUVENILE; OR THE PERSON'S OR JUVENILE'S PARENT,11
GUARDIAN, OR LEGAL CUSTODIAN. The fee is assessed at the time of12
sentencing, if sentencing occurs, or upon other final disposition of the13
case; except that the court may, at sentencing or other final disposition,14
waive the fee if the court determines, based upon the financial15
information submitted by the party being represented by the16
court-appointed counsel, that the person does not have the financial17
resources to pay the fee. Before the court appoints a public defender18
based on said
THE application, the court shall advise the defendant or, if19
applicable, the defendant's parent or legal guardian that the application is20
signed under oath and under the penalty of perjury. A copy of the21
application must be sent to the prosecuting attorney for review, and, upon22
request, the court shall hold a hearing on the issue of the eligibility for23
appointment of the public defender's office. Processing fees collected24
pursuant to this subsection (3) are transmitted to the state treasurer, who25
shall credit the same to the general fund.26
(b) F
OR PURPOSES OF THIS SUBSECTION (3), "JUVENILE" MEANS A27
HB25-1294
-5- PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE WHEN THE CRIME IS1
COMMITTED AND UNDER TWENTY -ONE YEARS OF AGE AT THE TIME OF2
SENTENCING.3
SECTION 6. In Colorado Revised Statutes, 24-4.1-119, add (1.7)4
as follows:5
24-4.1-119. Costs and surcharges levied on criminal actions6
and traffic offenses - definition. (1.7) (a) A
COST OR SURCHARGE7
LEVIED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION MUST NOT BE8
ASSESSED AGAINST A JUVENILE OR AGAINST THE JUVENILE 'S PARENT,9
GUARDIAN, OR LEGAL CUSTODIAN. A COURT OR THE STATE SHALL NOT10
ENFORCE OR COLLECT COURT-LEVIED COSTS OR SURCHARGES ASSESSED BY11
THE COURT ON OR AFTER JULY 6, 2021, THAT ARE OUTSTANDING AGAINST12
THE JUVENILE OR THE JUVENILE 'S PARENT, GUARDIAN, OR LEGAL13
CUSTODIAN.14
(b) F
OR PURPOSES OF THIS SUBSECTION (1.7), "JUVENILE" MEANS15
A PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE WHEN THE CRIME IS16
COMMITTED AND UNDER TWENTY -ONE YEARS OF AGE AT THE TIME OF17
SENTENCING.18
SECTION 7. In Colorado Revised Statutes, 24-4.2-104, add (3)19
as follows:20
24-4.2-104. Surcharges levied on criminal actions and traffic21
offenses - definition. (3) (a) A
COST OR SURCHARGE LEVIED PURSUANT22
TO SUBSECTION (1)(a)(I) OF THIS SECTION MUST NOT BE ASSESSED23
AGAINST A JUVENILE OR AGAINST THE JUVENILE'S PARENT, GUARDIAN, OR24
LEGAL CUSTODIAN. A COURT OR THE STATE SHALL NOT ENFORCE OR25
COLLECT COURT-LEVIED COSTS OR SURCHARGES ASSESSED BY THE COURT26
ON OR AFTER JULY 6, 2021, THAT ARE OUTSTANDING AGAINST THE27
HB25-1294
-6- JUVENILE OR THE JUVENILE'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN.1
(b) F
OR PURPOSES OF THIS SUBSECTION (3), "JUVENILE" MEANS A2
PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE WHEN THE CRIME IS3
COMMITTED AND UNDER TWENTY -ONE YEARS OF AGE AT THE TIME OF4
SENTENCING.5
SECTION 8. In Colorado Revised Statutes, 42-4-1307, amend6
(10.5) as follows:7
42-4-1307. Penalties for traffic offenses involving alcohol and8
drugs - legislative declaration - definitions - repeal. (10.5) (a) The9
costs and surcharges described in subsection (10) of this section do not10
apply to a person under the jurisdiction of the juvenile court, as defined11
in section 19-1-103;
A JUVENILE; or the person's OR JUVENILE'S parent,12
guardian, or legal custodian. A
COURT OR THE STATE SHALL NOT ENFORCE13
OR COLLECT A COURT-LEVIED COST OR SURCHARGE ASSESSED BY THE14
COURT ON OR AFTER JULY 6, 2021, THAT IS OUTSTANDING AGAINST A15
PERSON UNDER THE JURISDICTION OF THE JUVENILE COURT , AS DEFINED IN16
SECTION 19-1-103; A JUVENILE; OR THE PERSON'S OR JUVENILE'S PARENT,17
GUARDIAN, OR LEGAL CUSTODIAN.18
(b) F
OR PURPOSES OF THIS SUBSECTION (10.5), "JUVENILE" MEANS19
A PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE WHEN THE CRIME IS20
COMMITTED AND UNDER TWENTY -ONE YEARS OF AGE AT THE TIME OF21
SENTENCING.22
SECTION 9. In Colorado Revised Statutes, 18-1.3-701, add (7)23
as follows:24
18-1.3-701. Judgment of costs and fines - definitions. (7) (a) 25
T
HE COSTS AND FINES DESCRIBED IN SUBSECTIONS (1) AND (2)(m) OF THIS26
SECTION MUST NOT BE ASSESSED AGAINST A JUVENILE OR THE JUVENILE 'S27
HB25-1294
-7- PARENT, GUARDIAN, OR LEGAL CUSTODIAN. A COURT OR THE STATE SHALL1
NOT ENFORCE OR COLLECT ANY COSTS OR FINES ASSESSED BY THE COURT2
ON OR AFTER JULY 6, 2021, THAT ARE OUTSTANDING AGAINST A JUVENILE3
OR THE JUVENILE'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN.4
(b) F
OR PURPOSES OF THIS SUBSECTION (7), "JUVENILE" MEANS A5
PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE WHEN THE CRIME IS6
COMMITTED AND UNDER TWENTY -ONE YEARS OF AGE AT THE TIME OF7
SENTENCING.8
SECTION 10. Safety clause. The general assembly finds,9
determines, and declares that this act is necessary for the immediate10
preservation of the public peace, health, or safety or for appropriations for11
the support and maintenance of the departments of the state and state12
institutions.13
HB25-1294
-8-