HB 1232

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1232
     BY REPRESENTATIVE(S) Espenoza and Bacon, Boesenecker, Brown,
     Camacho, Carter, Garcia, Hamrick, Jackson, Joseph, Lindsay, Mabrey,
     Nguyen, Sirota, Story, McCluskie, Phillips, Ricks;
     also SENATOR(S) Gonzales J. and Lindstedt, Amabile, Ball, Benavidez,
     Cutter, Daugherty, Exum, Hinrichsen, Jodeh, Kipp, Kolker, Marchman,
     Wallace, Weissman, Coleman.
     CONCERNING PROHIBITION OF CERTAIN MONETARY ASSESSMENTS AGAINST
     A JUVENILE IN THE JUSTICE SYSTEM.
     Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1. Legislative declaration. (1) The general assembly
     finds that:
            (a) In 2021, the general assembly passed House Bill 21-1315 to
     eliminate administrative fees and court costs assessed on juveniles, make
     administrative fees and court costs already assessed against juveniles
     unenforceable and uncollectable, and vacate court orders that imposed the
     uncollectable administrative fees and court costs;
             (b) While the intent of House Bill 21-1315 was to eliminate the
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
assessment and collection of administrative fees and court costs against
juveniles, courts have continued to assess administrative fees and court
costs against juveniles but have not collected on those assessments;
       (c) In 2025, the general assembly passed House Bill 25-1294 to
eliminate the June 30, 2025, repeal date that was included in House Bill
21-1315 to ensure that any administrative fees and court costs assessed
against a juvenile would not be collected;
       (d) Fees should not follow a person who was a child at the time of
an alleged offense, even if the person is over the age of eighteen at the time
of adjudication or if the case of the person is directly filed in district court
or transferred from the juvenile court to the district court; and
       (e) The judiciary has not faced any harm from eliminating the fees,
and the value to juveniles and their parents or guardians has been immense.
        (2) Therefore, the general assembly declares that additional
legislation is necessary to clarify the law and ensure that administrative fees
and court costs are not assessed or collected against juveniles.
        SECTION 2. In Colorado Revised Statutes, 16-11-101.6, add (8)
as follows:
       16-11-101.6. Collection of fines and fees - methods - charges -
judicial collection enhancement fund - creation - definition.
      (8) (a) A COURT SHALL NOT ASSESS A TIME PAYMENT FEE AGAINST
A JUVENILE OR AGAINST THE JUVENILE'S PARENT, GUARDIAN, OR LEGAL
CUSTODIAN. A COURT OR THE STATE SHALL NOT ENFORCE OR COLLECT
COURT-ORDERED COSTS ASSESSED BY THE COURT ON OR AFTER JULY 6, 2021,
THAT ARE OUTSTANDING AGAINST A JUVENILE OR THE JUVENILE'S PARENT,
GUARDIAN, OR LEGAL CUSTODIAN.
      (b) AS USED IN THIS SUBSECTION (8), "JUVENILE" MEANS A PERSON
WHO IS UNDER EIGHTEEN YEARS OLD WHEN THE CRIME IS COMMITTED.
        SECTION 3. In Colorado Revised Statutes, 18-1.3-507, amend
(6)(a) as follows:
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       18-1.3-507. Community or useful public service - misdemeanors
- definition.
        (6) (a) (I) The court shall assess a fee, not to exceed one hundred
twenty dollars, upon every person required to perform community or useful
public service pursuant to section 18-1.3-501 (2), 18-18-432, or
42-4-1301.4. The amount of the fee must be commensurate with the costs
of administering the person's community or useful public service program.
The court may waive this fee if the court determines the defendant to be IS
indigent. In counties where the judicial department operates the local useful
public service program, the court shall transfer each such fee to the state
treasurer, who shall credit the fee to the fund created in section
18-1.3-507.5. The court shall not impose the fee described in this subsection
(6)(a) on a person under the jurisdiction of the juvenile court, as defined in
section 19-1-103, or the person's parent, guardian, or legal custodian. A
COURT SHALL NOT ASSESS FEES DESCRIBED IN THIS SUBSECTION (6)(a)
AGAINST A JUVENILE OR AGAINST THE JUVENILE'S PARENT, GUARDIAN, OR
LEGAL CUSTODIAN. A COURT OR THE STATE SHALL NOT ENFORCE OR
COLLECT A FEE IMPOSED BY THE COURT ON OR AFTER JULY 6, 2021, THAT IS
OUTSTANDING AGAINST A JUVENILE OR THE JUVENILE'S PARENT, GUARDIAN,
OR LEGAL CUSTODIAN.
       (II) AS USED IN THIS SUBSECTION (6)(a), "JUVENILE" MEANS A
PERSON WHO IS UNDER EIGHTEEN YEARS OLD WHEN THE CRIME IS
COMMITTED.
      SECTION 4. In Colorado Revised Statutes, 18-1.3-701, add (7) as
follows:
       18-1.3-701. Judgment of costs and fines - definitions.
      (7) (a) THE COSTS DESCRIBED IN SUBSECTION (1) OF THIS SECTION
SHALL NOT BE ASSESSED AGAINST A JUVENILE OR THE JUVENILE'S PARENT,
GUARDIAN, OR LEGAL CUSTODIAN. A COURT OR THE STATE SHALL NOT
ENFORCE OR COLLECT ANY COSTS ASSESSED BY THE COURT ON OR AFTER
JULY 6, 2021, THAT ARE OUTSTANDING AGAINST A JUVENILE OR THE
JUVENILE'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN.
      (b) AS USED IN THIS SUBSECTION (7), "JUVENILE" MEANS A PERSON
WHO IS UNDER EIGHTEEN YEARS OLD WHEN THE CRIME IS COMMITTED.
PAGE 3-HOUSE BILL 26-1232
        SECTION 5. In Colorado Revised Statutes, 18-21-103, add (1.4)
as follows:
       18-21-103. Source of revenues - allocation of money - sex
offender surcharge fund - sexual exploitation of children surcharge
fund - creation - definition.
      (1.4) (a) A COURT SHALL NOT REQUIRE A JUVENILE OR THE
JUVENILE'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN TO PAY THE
SURCHARGE DESCRIBED IN SUBSECTION (1) OF THIS SECTION. A COURT OR
THE STATE SHALL NOT ENFORCE OR COLLECT A COURT-ORDERED SURCHARGE
CHARGED TO THE JUVENILE OR THE JUVENILE'S PARENT, GUARDIAN, OR
LEGAL CUSTODIAN ON OR AFTER JULY 6, 2021, THAT IS OUTSTANDING
AGAINST A JUVENILE OR THE JUVENILE'S PARENT, GUARDIAN, OR LEGAL
CUSTODIAN.
      (b) AS USED IN THIS SUBSECTION (1.4), "JUVENILE" MEANS A PERSON
WHO IS UNDER EIGHTEEN YEARS OLD WHEN THE CRIME IS COMMITTED.
       SECTION 6. In Colorado Revised Statutes, 18-25-101, amend
(1)(b) as follows:
       18-25-101. Restorative justice surcharge - definitions.
       (1) (b) (I) The surcharge described in this section does not apply to
a person under the jurisdiction of the juvenile court or the person's parent,
guardian, or legal custodian. THE SURCHARGE DESCRIBED IN THIS SECTION
SHALL NOT BE ASSESSED AGAINST A JUVENILE OR CHARGED TO THE
JUVENILE'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN. A COURT OR THE
STATE SHALL NOT ENFORCE OR COLLECT ANY SURCHARGE ASSESSED BY THE
COURT ON OR AFTER JULY 6, 2021, THAT IS OUTSTANDING AGAINST A
JUVENILE OR THE JUVENILE'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN.
       (II) AS USED IN THIS SUBSECTION (1)(b), "JUVENILE" MEANS A
PERSON WHO IS UNDER EIGHTEEN YEARS OLD WHEN THE CRIME IS
COMMITTED.
        SECTION 7. In Colorado Revised Statutes, 21-1-103, amend (3)
as follows:
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       21-1-103. Representation of indigent persons - definition.
        (3) (a) The state public defender shall make the determination of
indigency, subject to review by the court. When a defendant or, if
applicable, the defendant's parent or legal guardian requests representation
by a public defender, such person shall submit an appropriate application,
the form of which states that the application is signed under oath and under
the penalty of perjury and that a false statement may be prosecuted as such.
The applicant shall pay a nonrefundable processing fee of twenty-five
dollars if the court-appointed counsel enters an appearance based upon the
application; except that a person under the jurisdiction of the juvenile court,
as defined in section 19-1-103; A JUVENILE; or the person's OR JUVENILE'S
parent, guardian, or legal custodian, is not required to pay the processing
fee. A COURT OR THE STATE SHALL NOT ENFORCE OR COLLECT A PROCESSING
FEE ASSESSED BY THE COURT ON OR AFTER JULY 6, 2021, THAT IS
OUTSTANDING AGAINST A PERSON UNDER THE JURISDICTION OF THE
JUVENILE COURT, AS DEFINED IN SECTION 19-1-103; A JUVENILE; OR THE
PERSON'S OR JUVENILE'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN. The fee
is assessed at the time of sentencing, if sentencing occurs, or upon other
final disposition of the case; except that the court may, at sentencing or
other final disposition, waive the fee if the court determines, based upon the
financial information submitted by the party being represented by the
court-appointed counsel, that the person does not have the financial
resources to pay the fee. Before the court appoints a public defender based
on said THE application, the court shall advise the defendant or, if
applicable, the defendant's parent or legal guardian that the application is
signed under oath and under the penalty of perjury. A copy of the
application must be sent to the prosecuting attorney for review, and, upon
request, the court shall hold a hearing on the issue of the eligibility for
appointment of the public defender's office. Processing fees collected
pursuant to this subsection (3) are transmitted to the state treasurer, who
shall credit the same to the general fund.
      (b) AS USED IN THIS SUBSECTION (3), "JUVENILE" MEANS A PERSON
WHO IS UNDER EIGHTEEN YEARS OLD WHEN THE CRIME IS COMMITTED.
        SECTION 8. In Colorado Revised Statutes, 24-4.1-119, add (1.7)
as follows:
       24-4.1-119. Costs and surcharges levied on criminal actions and
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traffic offenses - definition.
       (1.7) (a) A COST OR SURCHARGE LEVIED PURSUANT TO SUBSECTION
(1)(a) OF THIS SECTION SHALL NOT BE ASSESSED AGAINST A JUVENILE OR
AGAINST THE JUVENILE'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN. A
COURT OR THE STATE SHALL NOT ENFORCE OR COLLECT COURT-LEVIED
COSTS OR SURCHARGES ASSESSED BY THE COURT ON OR AFTER JULY 6, 2021,
THAT ARE OUTSTANDING AGAINST THE JUVENILE OR THE JUVENILE'S PARENT,
GUARDIAN, OR LEGAL CUSTODIAN.
      (b) AS USED IN THIS SUBSECTION (1.7), "JUVENILE" MEANS A PERSON
WHO IS UNDER EIGHTEEN YEARS OLD WHEN THE CRIME IS COMMITTED.
      SECTION 9. In Colorado Revised Statutes, 24-4.2-104, add (3) as
follows:
       24-4.2-104. Surcharges levied on criminal actions and traffic
offenses - definition.
       (3) (a) A COST OR SURCHARGE LEVIED PURSUANT TO SUBSECTION
(1)(a)(I) OF THIS SECTION SHALL NOT BE ASSESSED AGAINST A JUVENILE OR
AGAINST THE JUVENILE'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN. A
COURT OR THE STATE SHALL NOT ENFORCE OR COLLECT COURT-LEVIED
COSTS OR SURCHARGES ASSESSED BY THE COURT ON OR AFTER JULY 6, 2021,
THAT ARE OUTSTANDING AGAINST THE JUVENILE OR THE JUVENILE'S PARENT,
GUARDIAN, OR LEGAL CUSTODIAN.
      (b) AS USED IN THIS SUBSECTION (3), "JUVENILE" MEANS A PERSON
WHO IS UNDER EIGHTEEN YEARS OLD WHEN THE CRIME IS COMMITTED.
       SECTION 10. In Colorado Revised Statutes, 42-4-1307, amend
(10.5) as follows:
      42-4-1307. Penalties for traffic offenses involving alcohol and
drugs - legislative declaration - definitions - repeal.
        (10.5) (a) The costs and surcharges described in subsection (10) of
this section do not apply to a person under the jurisdiction of the juvenile
court, as defined in section 19-1-103; A JUVENILE; or the person's OR
JUVENILE'S parent, guardian, or legal custodian. A COURT OR THE STATE
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SHALL NOT ENFORCE OR COLLECT A COURT-LEVIED COST OR SURCHARGE
ASSESSED BY THE COURT ON OR AFTER JULY 6, 2021, THAT IS OUTSTANDING
AGAINST A PERSON UNDER THE JURISDICTION OF THE JUVENILE COURT, AS
DEFINED IN SECTION 19-1-103; A JUVENILE; OR THE PERSON'S OR JUVENILE'S
PARENT, GUARDIAN, OR LEGAL CUSTODIAN.
      (b) AS USED IN THIS SUBSECTION (10.5), "JUVENILE" MEANS A
PERSON WHO IS UNDER EIGHTEEN YEARS OLD WHEN THE CRIME IS
COMMITTED.
       SECTION 11. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 7-HOUSE BILL 26-1232
the support and maintenance of the departments of the state and state
institutions.
____________________________        ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________        ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                 _________________________________________
                Jared S. Polis
                GOVERNOR OF THE STATE OF COLORADO
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