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Restitution that has been collected from offenders is disbursed by the court following a hold period, to ensure funds are available.

It is important that the Clerk of Court has a victim’s correct address to ensure delivery of payments. Victims may contact their DA’s Office or notify the court of any change of address by submitting form JDF 88. 

All sentences with restitution orders entered on or after September 1, 2000 are subject to simple interest at the rate of 8% per year. Interest is assessed monthly and calculated on the outstanding restitution principal amount, with limited exceptions noted in Section 18-1.3-603, C.R.S. Interest continues to accrue as long as there is an outstanding restitution principal balance. 

The prosecuting attorney must request that the court order restitution upon conviction. Each District Attorney’s Office (DA) has a Victim Advocate as a point of contact for victims of crime. It is important for any victim seeking restitution to contact the Victim Advocate in the prosecuting DA’s Office. 

The collection of restitution can take place over a length of time and depends on the amount owed and the offender’s financial status and ability to pay. As a practical matter, an offender who has no money or potential to make money may be less likely to make meaningful restitution payments.

Court-ordered restitution is due the day it is ordered and must be paid to the Clerk of Court. The offender is directed to meet with a Collections Investigator to establish a payment plan if they are unable to pay in full the day restitution is ordered. The payment plan will include details such as the amount of restitution and any interest owed, payment amounts, and payment due dates.

If an offender is eligible for a Colorado State income tax refund, or other monies disbursed by the state, the court will intercept the money and apply it to the balance owed.