Colorado Politics

Colorado courts banned from ordering juveniles to pay restitution to insurance

From 2016 to 2020, more than 200 juveniles in Colorado were ordered to pay more than $3.57 million in restitution fees to insurance companies. Now, that practice is over with the enactment of new legislation that immediately prohibiting courts from ordering juveniles to pay restitution to insurance companies, though it still allows the courts to mandate juveniles pay restitution to victims.

Gov. Jared Polis signed that measure, House Bill 1373, into law on Tuesday. 

“For the young people we work with every day, this bill means hope,” said Mirror Image Arts, a Denver theater organization that works to rehabilitate juvenile offenders and which inspired the creation of the bill. “It is a step in the right direction for young people having a second chance and breaking cycles of crime, violence and poverty.”

Supporters of the bill say restitution fees from insurance companies push juveniles to reoffend to pay off impossibly high debts as they struggle to find work with criminal records. Of the $3.57 million ordered from juveniles, only $146,348 – or 4% – has been paid, according to state data.

Bill sponsor Sen. Julie Gonzales, D-Denver, said restitution fees have 8% interest rates, are not dischargeable by filing for bankruptcy and can prohibit youth from activities, such as getting a driver’s license or taking out loans for school or work. These debts also often get pushed onto parents, as many juvenile offenders are not old enough to legally work.

In a written testimony in support of the bill, 20-year-old Shawn Pollock said he currently faces $275,000 in debt from restitution fees to insurance companies due to crimes he committed when he was 14 and 15.

“I asked (my mentor), ‘If I pay $100 a month, how many years will it take me to pay that off?’ She told me 213 years,” Pollock said. “I was heartbroken. … I understand I need to pay for the harm I’ve done, but does it have to be a life sentence?”

The state Senate passed the bill in a 20-15 vote, while the House approved it, 38-25.

Opponents to the bill – all of whom are Republicans – argued that it could result in insurance companies raising rates and victims of crimes not being fairly compensated. Supporters countered that more than 95% of the restitution fees are already not being paid.

The Colorado Supreme Court.
AP Photo/The Denver Post, RJ Sangosti

PREV

PREVIOUS

Polis OKs study on raising minimum age to criminally charge children

Gov. Jared Polis on Tuesday signed a bill into law to study raising the minimum age that Colorado children can be charged with most crimes. House Bill 1131 will create a task force to recommend how to better serve children ages 10, 11 and 12 who commit crimes without putting them in the criminal justice […]

NEXT

NEXT UP

Weiser's office refers complaint against Boebert on use of campaign funds to revenue, labor agencies, Boebert calls it 'another swing and miss'

Colorado’s Attorney General has referred a complaint to the Department of Revenue and Colorado Department of Labor and Employment over the use of campaign money by U.S. Rep. Lauren Boebert, R-Silt, for mileage claims. Lawrence Pacheco, a spokesman for the the Department of Law, said the agency “received an investigation request. We referred it to […]


Welcome Back.

Streak: 9 days i

Stories you've missed since your last login:

Stories you've saved for later:

Recommended stories based on your interests:

Edit my interests