Colorado - Some Local Police Overcharge for Registration Fees

11-21-2011 Colorado:

It has come to the attention of both CO-CURE and AFC that several law enforcement agencies (city and county) are failing to comply with the provisions of HB11-1278 which was signed in to law by Governor Hickenlooper on May 27, 2011.

They are still charging fees in excess of the $25 stipulated in the Act for reregistering, and in some instances, are actually charging in excess of the $75 initial registration fee.

The key provisions of concern are - Section 6 pertaining to C.R.S. 16-22-108

16-22-108. Registration - procedure - frequency - place - change of address - fee.

(1) (b) Except as otherwise provided in paragraph (d) of this subsection (1), each person who is required to register pursuant to section 16-22-103 shall reregister WITHIN FIVE BUSINESS DAYS BEFORE OR AFTER the person's first birthday following initial registration and annually WITHIN FIVE BUSINESS DAYS BEFORE OR AFTER the person's birthday thereafter. Such person shall reregister pursuant to this paragraph (b) with the local law enforcement agency of each jurisdiction in which the person resides WITHIN FIVE BUSINESS DAYS BEFORE OR AFTER his or her birthday, in the manner provided in paragraph (a) of this subsection (1).

(7) (a) A local law enforcement agency may establish a registration fee to be paid by persons registering and reregistering ANNUALLY OR QUARTERLY with the local law enforcement agency pursuant to the provisions of this section. The amount of the fee shall reflect the actual direct costs incurred by the local law enforcement agency in implementing the provisions of this article, BUT SHALL NOT EXCEED SEVENTY-FIVE DOLLARS FOR THE INITIAL REGISTRATION WITH THE LOCAL LAW ENFORCEMENT AGENCY AND TWENTY-FIVE DOLLARS FOR ANY SUBSEQUENT ANNUAL OR QUARTERLY REGISTRATION.

(b) THE LOCAL LAW ENFORCEMENT AGENCY MAY WAIVE THE FEE FOR AN INDIGENT PERSON. FOR ALL OTHER PERSONS, THE LOCAL LAW ENFORCEMENT AGENCY MAY PURSUE PAYMENT OF THE FEE THROUGH A CIVIL COLLECTION PROCESS OR ANY OTHER LAWFUL MEANS IF THE PERSON IS UNABLE TO PAY AT THE TIME OF REGISTRATION. A LOCAL LAW ENFORCEMENT AGENCY SHALL ACCEPT A TIMELY REGISTRATION IN ALL CIRCUMSTANCES EVEN IF THE PERSON IS UNABLE TO PAY THE FEE AT THE TIME OF REGISTRATION.

(c) A LOCAL LAW ENFORCEMENT AGENCY MAY NOT CHARGE A FEE TO A PERSON WHO PROVIDES AN UPDATE TO HIS OR HER INFORMATION PURSUANT TO SUBSECTION (3) OF THIS SECTION.

There may be an issue as to whether moving within the State to a new law enforcement jurisdiction would require payment of an "initial" registration fee versus the maintenance fee. It can be anticipated that some law enforcement jurisdiction will attempt to claim such.

Source: Colorado CURE via e-mail