![]() 7 Weeks provided much-needed clarification on how these provisions work together and outlined best practices to help Colorado courts and litigants comply with the restitution statute. 5 In practice, how can the prosecution provide information supporting a motion for restitution and the trial court issue an order for restitution by the same deadline? 6 Imposing the same deadline would preclude the defendant from having a reasonable and meaningful opportunity to contest the proposed amount and order. ![]() ![]() 4 As written, CRS 18-1.3-603 created a source of confusion for trial courts and parties alike because subsections (1)(b) and (2) seemed to give the same deadline for both supplying information to support a determination of restitution and the determination of restitution itself. The Issue: Confusion Caused by CRS § 18-1.3-603Ĭolorado law requires that all judgments of conviction determine whether and to what extent restitution should be ordered. It also highlights recent caselaw that refined the way Colorado interprets its restitution statutes in general. 3 This article reviews some of the important components of Weeks, as well as the best practices envisioned by the Court for litigants and trial courts going forward. 2 The decision outlines a framework for how trial courts and parties should resolve cases in which the exact amount of restitution is deferred to a later time. As Justice Carlos Samour notes in the opening line of Weeks: “Old habits die hard.” 1 Weeks clarifies two separate provisions of CRS § 18-1.3-603-a statute concerning the assessment of restitution-that deal with the 91-day deadline for courts to determine the final amount of restitution in a sentence. In 2021, the Colorado Supreme Court further developed that caselaw with its decision in People v. This article discusses key provisions of the Colorado restitution statutes and includes practical tips for prosecutors, defendants, and trial courts based on recent court decisions dealing with restitution in Colorado.Ĭolorado restitution statutes have been a primary source of caselaw during the last two decades.
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