Colorado Prohibits Criminal Restitution Liability For Dismissed Conduct

For what conduct can restitution be imposed by a criminal court in connection with a plea bargain that dismisses some charges against a defendant.

According to a ruling of the Colorado Supreme Court today:

a sentencing court may not impose restitution for pecuniary losses proximately caused by conduct exclusively related to dismissed charges.

It reached this decision as a matter of statutory interpretation of Colorado laws, rather than as a matter of constitutional law. 

This differs from the rule in federal courts which allows criminal courts to impose sentences based, in part, upon acquitted, dismissed, or uncharged conduct, so long as the sentence as a whole does not exceed the sentence authorized by a jury verdict or a plea of guilty to a charge. 

The Colorado Supreme Court also interpreted the meaning of the deadline for restitution orders, clarifying which deadlines apply to the date that the orders are entered by the court (absent a showing of good cause for delay) and which apply to the date that this relief may be requested by prosecutors.