People v. Nelson

delivered the Opinion of the Court.

{1 This case requires us to decide whether Respondent Shannon Nelson may receive. a refund of costs, fees, and restitution that she paid following a conviction. Nelson's convietion was overturned and she was acquitted after a new trial. We hold that a trial court may not authorize a refund of costs, fees, or restitution following a eriminal trial without statutory authority. Because none of the statutes governing the fines, fees, and restitution empowered the trial court to issue a refund, it could not do so. Exonerated defendants may seek a refund of costs, fees, and restitution, but only through a separate civil proceeding, which Nelson did not pursue. - \

I. «Facts and Procedural History

T2 In 2006, Nelson was convicted of five charges relating to sexual assaults allegedly committed against her children. 'The trial court sentenced Nelson to prison for twenty years to life, and ordered that she pay court costs, fees, and restitution. Specifically, the trial court ordered Nelson to pay the following costs and fees: (1) $125.00 to the victim compensation fund, (2) $162.50 to the victims and witnesses assistance and law enforcement fund (referred to as the "VAST fund" in the Register of Actions and this opinion), (8) $35.00 for court costs, and- (4) a "time payment fee" of $25.00. She. was also ordered to pay $7,845.00 in restitution, bringing the total owed to $8,192.50.

T3 The court of appéals reversed the judgment against Nelson and nemanded for a new trial based on the improper use of an unen-dorsed expert witness. People v. Shannon Kay Gonser, n/k/a Shannon Nelson, No. 06CA1023, 2009 WL 952492 (Colo.App. Apr. 9, 2009). In the second trial, a new jury acquitted Nelson of the five charges.

4 Between, Nelson's initial convietion and subsequent acquittal, the Department of Corrections withheld $702.10 from her inmate account to pay the costs, fees, and restitution that she owed.1 Eight months after her acquittal, Nelson filed a motion for a refund of the money she had paid toward the costs, fees, and restitution, arguing that a failure to refund the money would violate state and federal constitutional guarantees of due process. The trial court concluded that it did not have authority to order the Department of Corrections to return the funds. Nelson appealed. -

T5 The court of appeals reversed the trial court's decision. People v. Nelson, 2013 COA 58, 136, - P.3d -. It held that when a defendant's conviction is overturned on appeal and upon retrial she is acquitted, she is entitled to seek a refund of-costs and fees, id. at 116, as well as a refund of restitution, id. at 121. The court of appeals concluded that an order for a defendant to pay costs, fees, and restitution must be tied to a valid conviction. Id. at ¶¶ 12-18. It then stated that Nelson's requittal upon retrial rendered the prior convmtlon invalid, Id. at ¶¶ 14-16. The court of appeals reasoned that the parties should be "placed in status guo" and Nelson should receive a refund. Id. at (quoting Toland v. Strohl *1072147 Colo. 577 8364 P.2d 588, 598 (1961)). Finally, the court of appeals determined that the State should issue the refund, because the State's action caused the "wrongful payment of restitution." - Nelson, 129. The court of: appeals acknowledged that "the [SItate may be required to refund monies that it has already disbursed to third parties," id. at 128, but determined that, by disbursing the funds, the State "assumed the risk that the conviction could ultimately be overturned," id. at 1 30.

{6 The People then petitioned this court for certiorari, asking whether the trial court may order a refund of restitution and, if so, which branch of the government should shoulder that burden, We granted certiorari to consider whether a trial court could issue refunds of not only restitution, but also costs and fees, and to determine which branch if any, should pay the refunds.2

II. Standard of Review

97 Whether a trial court has authority to order a refund of costs, fees, and restitution presents a question of law, which we review de novo, See People v. Porter, 2015 CO 84, T 8, 348 P.8d 922, 924. This case involves issues of statutory construction, which we also review de novo. Mishkin v. Young, 107 P.8d 893, 396 (Colo.2005).

III. Analysis

8 We begin with an overview of the statutes governing the costs, fees, and restitution ordered in this case, then proceed to a 'discussion of whether a trial court may authorize a refund. We hold that a trial court must have statutory authority to order a refund from public funds. A defendant may seek a refund of costs, fees, and restitution through the refund process created by sections 18-65-101 to -108, C.R.S. (2015) ("the Exoneration Act" or "the Act"). A trial court may not, however, order a refund of costs, fees, and restitution as part of a eriminal proceeding without statutory authority to do so.

A, Legal Background

T9 Nelson seeks reimbursement of restitution, costs, and fees that she paid after her initial conviction This raises questions about the intérplay between numerous statutes that govern the imposition, collection, management, and distribution of costs, fees, and restitution. Seq, eg., §§ 18-82-105, 18-1.3-608, 24-4.2-104(1)(d), 24-4.1-119, C.R.S. (2015). A brief review of the relevant statutes is necessary to explain the relationship between them, and how they affect a court's ability to order a refund.

1. Costs, Fees, and Surcharges

[ 10 When Nelson was convicted after the first trial, the court ordered her to pay several costs, fees, and surcharges, totaling $347.50. First, Nelson was ordered to pay $125.00 to the crime victim compensation fund. The court orders a defendant to pay this fine when a criminal action results in a conviction or deferred judgment. § 24-4.1-119. These fines go into the crime victim compensation fund housed in each judicial district. Id.; § 24-4.1-117(1), C.R.S8. (2015). Other than a small portion allocated to the fund's administrative costs, money in the fund is to be used "solely for the compensation of victims." § 24-4.1-117(5). - Nelson paid this fee.

{11 Next, the court imposed a separate charge for the VAST fund. § 24-4.2-104(1)(d). The court administrator in each judicial district is responsible for the VAST fund in that district § 24-4.2-104(1)(@)(D). Fees supporting this fund are "levied on cach criminal action resulting in a conviction or in a deferred judgment and sentence." §§ 24-4,1-119, 24-4.2-104. Nelson paid $162.50 to the VAST fund.

*10731-12 Nelson was also charged a docket fee of $35.00, which funds the judicial stabilization cash fund and the state commission on judicial performance cash fund. § 18-82-105. Nelson did not pay this docket fee.

[ 13 Because Nelson was unable to pay the costs, fees, and restitution on the day that she was ordered to pay, she was charged a time payment fee of $25.00. § 16-11-101.6(1), C.R.S. (2015). This fee is charged - each year that the amount owed is not fully paid. Id. Time payment fees fund the judicial collection enhancement fund, which is located in the state treasury..§ 16-11-101.6(2). The General Assembly makes annual appropriations from the fund to cover "administrative and personnel costs incurred in collecting restitution, fines, costs, fees, and other monetary assessments." Id. Nelson did not pay the time payment fee.

{ 14 Nelson began paying the fees according to a payment plan because she was not able to pay them when she was convicted. When a defendant pays according to a payment plan, the payments are credited in the following order:; (1) erime victim compensation fund; (2) VAST fund; (8) restitution; (4) surcharges related to the address confidentiality program; (5) time payment fee; (8) late fees; and (7) any other fines, fees, or surcharges. § 16-18.5-110, CRS. (2015). However, the State pays the cost of eriminal cases when a defendant is acquitted or when the court determines that the defendant is unable to pay. § 16-18-101(1), C.R.S. (2015), Because Nelson paid only a portion of what she was originally ordered to pay, the money was credited only to the victim compensation fund, the VAST fund, and toward restitution.

2. Restitution 4 15 In addition to these costs and fees, the court ordered: Nelson to pay $7,845.00 .in restitution to the victims. When a court orders a conviction, it must consider ordering restitution for any victims. § 18-1.83-608. An order of restitution is a "final civil judgment in favor of the state and any victim." § 18-1.83-608(4)(a). Moreover, "any such judgment shall remain-in force until the restitution is paid in full." Id.

4 15 In addition to these costs and fees, the court ordered: Nelson to pay $7,845.00 .in restitution to the victims. When a court orders a conviction, it must consider ordering restitution for any victims. § 18-1.83-608. An order of restitution is a "final civil judgment in favor of the state and any victim." § 18-1.83-608(4)(a). Moreover, "any such judgment shall remain-in force until the restitution is paid in full." Id.

1 16 Restitution becomes "due and payable at the time that the order of conviction is entered." § 16-18.5-104(1), C.R.S. (2015). IK no victim suffered pecuniary loss, then the court does not order restitution: § 18-1.3-603(1)(d). The amount of restitution may be increased if the court learns of additional victims or losses. § 18-1.8-603(8). It may also be decreased, either with the consent of the prosecuting attorney and the vietims or if the defendant otherwise compensates the vie-tims. Id.

117 The goal of ordering restitution is partly to rehabilitate defendants and deter criminal activity and partly to make victims whole. § 18-1.3-601(1)(c)-(e), C.R.S. (2015). The restitution program aims to fully compensate victims and to take the profit out of crime, § 18-1.3-601((1)(a)-(d); People v. Leonard, 167 P.3d 178, 181 (Colo.App.2007) (citing People v. Milne, 690 P.2d 829, 836 (Colo.1984)).

§18 If the defendant claims she 'cannot pay the restitution amount and is incarcerated, then the Department of Corrections investigates the defendant's ability to pay and establishes a payment plan. § 16-18.5-106, C.R.S. (2015). While a defendant is incarcerated, the Department of Corrections "may direct that a portion of the deposits into such inmate's bank account be applied to any outstanding balance." § 16-18.5-106(2). If the defendant is not in custody and claims she cannot pay, she must report to the Collections Investigator, who investigates the defendant's ability to pay and establishes a payment schedule with the defendant. § 16-18.5-104(8)~(4). . The Collections Investigator is responsible for monitoring the defendant's restitution payments. § 16-18.5-105, C.R.S. (2015).

19 Victims have the right to pursue collection of restitution. § 16-18.5-107(1), C.R.S. (2015). But if a victim elects not to pursue it, the Collections Investigator or Department of Corrections must do so. § 16-18.5-107(4). If "no victim can be reasonably located or the victim declines to accept restitution," the defendant pays the restitution amount to the State. § 16-18.5-109, C.R.S. (2015). Restitution paid to the State is transferred to the VAST fund in the judicial *1074district where the: crime occurred. 117. The money is then distributed between the VAST fund and the crime victim compensation fund. § 16-18.5-109(8). Of the total amount that, Nelson paid, $414.60: was . disbursed to the victims as restitution,

3. Crime Victim Compensation Act‘

120 The People 'suggest that if a court may order a refund of restitution, then the money should come from the' crime victim compensation fund. However, an - examination. of the statutes governing the crime vice-tim compensation fund reveals no authority by which the court could order a withdrawal from this fund to reimburse Nelson.

21 In 1981, the General Assembly creat— ed the Crime Victim Compensation Program to protect and assist the victims of erimes and their immediate family members by "lessening the financial burden placed upon victims due to the commission of crimes." § 24-4.1-101, C.RS. (2015) The General Assembly instructed that the statute be "liberally construed" to accomplish its stated purpose. Id.

122 To achieve thlS purpose, the: Crime Victim Compensation Act established a crime victim compensation board ("the board") in each judicial district. §§ 24-4.1-102(8), - 108(1), C.R.S8. (2015). »In each district, the District Attorney appoints three members to the board. § 24-4.1-108(1). The District Attorney and her staff assist the board in performing its duties. § 24-4.1-104, CRS. (2015). This board considers applications to determine whether a victim is entitled to compensation and ihow much the victim should receive. §§ 24-4.1-106 to -109, C.R.S. (2015).

1 23 The Crime Victim Compensation Act also created a crime victim compensation fund in each judicial district, § 24-4.1-117(1). This fund consists of the money received from costs and surcharges levied. on criminal convictions, any federal money available for victim compensation, plus refunds from vice-tims who receive an award from the fund in addition to damages or restitution from the defendant, § 24-4.1-117(2); see also § 24-4,1~119 (listing the costs and surcharges that finance the fund). The fees are "levied on each criminal action resulting in a conviction or in a deferred judgment and sentence." § 24-4.1-119(1)(a)..

€24 "All moneys deposited in the fund shall be used solely for the compensation of victims," other than a small carve-out of 12.5% for administrative costs, § 24-4.1-117(5). The District Attorney may use no more than 10% of the fund for administrative costs, and the Court Administrator may use 2.5% for costs. Id. l

25 The Court Administrator in each judicial district is the custodian of the fund. §" 24-4.1-118, C.R.S. (2015). The Court Administrator makes disbursements from the fund to compensate victims upon written authorization of either the board or the court. Id. Each year, the Court Administrators in each judicial district report the amount of money collected and distributed under the fund to the state Court Administrator, $ 24-4.1-122, C.R.S. (2015). . _ >

126 The Crime Victim Compensation Act also created an advisory board, which functions under the Division of Criminal Justice in the Department of Public Safety. § 24-4,1-117.3(1), C.R.S8. (2015). The Executive Director of the Department of Public Safety sits on the board and appoints at least seventeen members of various backgrounds to the board. ~§ 24-4.1-117.3(2) - The - advisory board develops ahd revises standards for the administration of the fund, investigates and imposes sanctions for violating those standards; distributes seized profits from crime, and advises the division of erifiinal justice concermng gfant awards §°24-4.1-117.3(8).

127 The fund is mtended to be the payor of last resort. § 24-4. 1-110(2), C.R.S8. (2015). When a victim receives compensation from another source (such as restitution from the defendant), in addition to compensation from the fund, the victim must refund either the lesser sum or the amount of compensation that exceeds his losses. .Id. Any payment that the victim receives from the fund may not be assigned or. subject to attachment until after the victim or his beneficiary actually receives the payment. § 24-4.1-114, C.R.S. (2015). "The acceptance of an award . shall subrogate the'state, to the extent of *1075such award, to any right or right of action accruing to the applicant." § 24-4.1-116, C.R.8. (2015).

] 28 The crime victim compensation fund's purpose is clear: the moneys to be used to compensate crime victims. Several bodies-including the board, the advisory board, and the court administrators-exercise some control over the fund. All of these bodies, however, are governed by the same restriction. Other than a small amount dedicated to administrative costs, the fund is to be used "solely for the compensation of victims." § 24-4.1-117(5) (emphasis added). Nothing in the statute authorizes the court to withdraw funds for a refund to the defendant.

4. The Exoneration Act

129 The Exoneration Act authorizes a court to issue refunds to exonerated defendants, but, becauge Nelson did not file a claim under the Act, it does not apply to this case.3 See §§ 18-65-101 to -108. In 2018, the General Assembly enacted, the Exoneration Act, which created a civil claim for relief for exonerated persons who had been convicted of a felony and sentenced to a term of incarceration. § 18-65-102(1). This statute aims to compensate an innocent person who was wrongly convicted. Ch. 409, sec. 1, 2018 Colo. Sess. Laws 2412, 2412. The Act outlines a process for exonerated defendants to seek a refund of fines, penalties, costs, and restitution, along with additional compensation. §§ 18-65-101 to -103.

T30 To receive compensation under the Act, the exonerated person must prove, by clear and convmcmg evidence, that she was "actually innocent." §§ 18-65-101(1)(a); 13-65-102(1)(a). 'To be considered actually innocent under the Act, the exonerated person must show either that her conviction was the result of a mlscan'fage of justice or that she is factually innocent. § 13—65—101(1)(a)(I)-(IT). Insuffimency of the evidence or a legal error unrelated to the person's actual innocence cannot support either elxoheration‘ subsequent compensation under the Act. §§ 18-65-101(1)(b); 18-65-102(2)(a)(D)-(I1).

T 31 If a person is exonerated, she is entitled to compensation for her wrongful convietion and sentence. § 18-65-108(1). If a district court finds that the exonerated person is eligible for compensation, it directs the Court administrator to compensate her,. Id. The General Assembly funds the Act through a general-fund appropriation, which is allocated to the judicial department. See Ch. 409, see, 2, 2014 Colo. Sess. Laws. 2381, 2510,

132 Compensation from the State may include $70,000.00 per year of incarceration, tuition waivers, and reasonable attorney fees for brmgmg a claim under the Act. § 18-65-108. The Act also contemplates a refund of all costs and fees that the exonerated person was required to pay as a result of the wrongful conviction. § 18-65-108(@2)(e)(V) (stating that an exonerated person may be refunded "[the amount any fine, penalty, court costs, or restitution imposed upon and paid by the exonerated person as a result of his or her wrongful conviction or adjudication").

[ 83 Nelson did not seek a refund through this process: She filed a motion for a refund several months after her acquittal, in connection with her criminal trial. Nelson asks this court to determine whether she may seek a refund of costs, fees, and restitution as part of a criminal trial after an initial conviction has been overturned, apart from the process that exists under the Exoneration Act.

B. Statutory Authority for Refunds from Public Funds

184 The General Assembly authorizes the collection, management, and distribution of the funds raised by costs, fees, and restitution pursuant to its power to define erimes and sentences, raise revenue, and make appropmatlons These powers are inherently legislative, and a court may not intrude on the General Assembly's power by *1076authorizing a refund from public funds without statutory authority to do so. 'See Colo. Const. art III; People v. Dist, Court, City & Cty. of Denver, 808 P.2d 881, 835 (Colo.1991). The Exoneration Act provides the sole statutory authority for the court to issue a refund to criminal defendants after their convictions are overturned. See §§ 18-65-101 to -108.

85 As a threshold matter, the court had clear authority to impose, collect, and disburse the costs, fees, and restitution. First, the court correctly ordered-and the Department of Corrections correctly withheld-money from Nelson based on her initial conviction. The General Assembly instructed the court to impose costs, fees, and restitution pursuant to its power to define crimes and prescribe punishments, See Martinez v. People, Courts order defendants to pay costs, fees, and restitution that are tied to criminal con-viections-but only to the extent permitted by statute. Nee id.; see also, eg., §§ 24-4.1-119, 24-4.2-104(1)(d), 18-32-105, 18-1.3-608. The General Assembly prescribes the punishments for crimes and, in doing so, limits the 69 P.3d 1029, 1081 (Colo.20083).

136 In Nelson's case, the court ordered Nelson to pay numerous costs and fees that were each mandated by statute. Neg eg., §§ 24-4.1-119, 24-4.2-104, The statutes instruct that the charges must be levied when a case results in a conviction, and that the defendant must pay the charges. See, eg., §§ 24-4.1-119, 24-4.2-104, The court must carry out the statutes' instructions. See Oglethorpe, 87 P.3d at 186. The court must impose the fees when a conviction occurs and must also use the funds as the statutes instruct. Therefore, the trial court properly ordered Nelson to pay costs, fees, and restitution pursuant to valid statutes.

{37 Next, after coliec’cing fines, fees, and restitution, the court correctly distributed the funds to victims and public funds, ordered by the statutes. Seq, eg., §§ 18-1.3-601, 24-4.1-117, 24-4,2-104,. The General Assembly directs when these fees may be collected and -how the money may be used based on its power to raise revenue and appropriate funds. See Colo. Const. art. V, §§ 31-82. This power "is plenary, subject only to constitutional limitations." Colo. Gen. Assembly v. Lamm, 704 P.2d 1871, 1380 (Colo.1985). The General Assembly must raise revenue to create a source of funding for its appropriations to cover the expenses of the executive, legislative, and judicial departments. Id. at 1880-81 (citing Colo. Const. art. V, §§ 31-82).

138 Because the General Assembly must © be able to plan and budget to fulfill its duties, Colorado's constitution protects its control over public money, Colo. Const. art. V, § 83. "No moneys in the state treasury shall be disbursed ... except upon appropriations made by law, or otherwise authorized by law." Id. The General Assembly must be able to plan and monitor public money so that sufficient funds are available to support appropriations. Lamm, 704 P.2d at 1381, We have held that the ability to 'specify which funds support which appropriations, and to make appropriations contingent on the availability of money in those funds, is "essential to the legislative power." Id.

T39 In this case, $414.60 was distributed to victims and $347.50 was placed into, public funds, according to the statutes governing each fee, A court does not "assume the risk" that a conviction will be overturned by following these statutory commands. Contro Nelson, ¶ 30. Rather, when the court orders a convicted defendant to pay costs, fees, and restitution-pursuant to statutory ' commands-the' court must also follow the statutes' instructions on how that money may be used. For example, the court was required to distribute the money that Nelson paid toward restitution to the victims. See § 18-1.3-601. Similarly, the court was required to disburse the money collected from costs and fees into public funds. See, eg., §§ 24-4.1-117(2), 24-4.1-119(1)(a); see also § 16-18.5-109(3) (directing that restitution money be placed in the VAST and erime victim compensation funds when a victim declines to *1077accept restitution or no victim can be reason ably found). The court correctly disbursed the costs, fees, and restitution that Nelson paid to either the victims or public funds, according to the governing statutes.

140 Just as the court must follow statutory commands in imposing and disbursing fees, the court may authorize refunds from public funds only pursuant to statutory authority.4 See People v. $11,200.00 U.S, Currency, 2018 CO 64, €4, 318 P.3d 554, 555-56 (holding that the trial court lacked authority to order a refund where the defendant's case did not meet the specific statutory requirements authorizing a refund). The court may not intrude on the legislature's powers by authorizing refunds from public funds. See Colo. Const. art. III (stating that each branch of government may not intrude on another's powers absent express constitutional permission); ef Lamm, 704 P.2d at 1885 (avoiding "the impermissible positive effect" of the executive branch forcing funding to come from otherwise-appropriated funds, which would invade the legislature's appropriation power). A court order awarding money "payable from public funds implicates sensitive budget and funding considerations, and authority to intrude into these areas is not to be lightly implied." Dist. Court, City & Cty. of Denver, 808 P.2d at 885. For this reason, we have held that "a monetary sanction payable from public funds .. is beyond the authority of the trial court." Id..

' T41 If the court were to refund Nelson's costs and fees, the refund would draw on public funds; thereby affecting appropriations from that fund. The refund would diminish those public funds and disregard the legislature's directives on how that money is to be spent or appropriated. This would impermissibly intrude on the legislature's power and hamstring its ability to fulfill its responsibility to raise and appropriate funds. Therefore, a court must have statutory authority to authorize a refund from public funds, and it did not in this case.

€ 42 Finally, we turn to the possible statutory authority that might permit a court to order a refund. Nelson argues that the statutes governing costs, fees, and restitution provide statutory authonty to support refunds. Nelson argues that, because the orders to pay costs, fees, and restitution must all be tied to a conviction, her acquittal renders the initial conviction mvahd and the money must be returned. This argument fails for two reasons, First, the court and the Department of Corrections followed the instructions laid out in the statutes governing costs and fees. The court correctly withheld money from Nelson as part 'of her initial conviction: the fines were tied to a convietion. Furthermore, Nelson was required to make payments toward the costs, fees, and restitution she owed only while her conviction stood, The costs, fees, and restitution were therefore imposed based on a convietion, and the obligation to pay ceased when the conviction was no longer in place. The statutes authorized the imposition and collection 'of fees but did not address the possibility of a refund.

148 Second, the Exoneration Act provides the proper procedure for seeking a refund. When examining the relationship between statutory provisions, "a special or specfiie statutory prov1s1on prevails over a general provision." - Climax Molybdenum Co. v. Walter, 812 P.2d 1168, 1174 (Colo.1991) (citing § 2-4-205, 1B C.R.S. (1980) (now codified at § 2-4-205, C.R.S. (2015))); We also presume that the legislature is aware of its prior enactments when it passes new legislation, A.S. v. People, 2018 CO 63, T 11, 312 P.3d 168, 171.

*10781 44. None of the statutes governing costs, fees, and restitution address whether a court may withdraw money from public funds to refund money that a defendant has already paid. See, eg., §§ 18-1.3-808, 24-4.1-117, 24-4.1-119. On the other hand, the Exoneration Act specifically addresses when a defendant who was wrongfully convicted may seek a refund of costs, fees, and restitution. § 18-65-103(2)(@)(V). When creating a refund procedure for exonerated defendants, the General Assembly did not amend the existing statutes to create alternative means for defendants to seek a refund, The Exoneration Act created an exclusive process for exorier-ated defendants seeking a refund of costs, fees, and restitution.

1 45 Therefore, when a defendant's convietion is overturned and she is acquitted after a new trial, the trial court may authorize a refund of costs, fees, and restitution only pur suant to the process created in the Exoneration Act. Accordingly, the trial court lacked the authority to order a refund of Nelson's costs, fees, and restitution based on her motion following her eriminal trial,

C. No Due Process Violation

146 In her motion requesting a refund, Nelson argued that, upon her acquittal, due process required an automatic refund of costs and fees that she had paid. Nelson argues that the money was wrongfully withheld and that the interests of justice require a refund of the costs and fees she paid because her conviction was overturned.5 We hold that due process does not require a refund of costs, fees, and restitution when a defendant's conviction is reversed and she is subsequently acquitted. The Exoneration Act provides sufficient process for defendants to seek refunds of costs, fees, and restitution that they paid in connection with their conviction. ‘

$47 No person shall be denied property without due process of law. U.S. Const. amend, V; id. amend. XIV § 1; Colo, Const. art. II, § 25. "Due process requires, at a minimum, notice and the opportunity for a meaningful hearing before an impartial tribunal." Van Sickle v. Boyes, T97T P.2d 1267, 1273-74 (Colo 1990) (citing Mathews v. El-dridge, 424 U.S. 319, 838, 348-49, 96 S.Ct. 893, 47 LEd.2d 18 (1976)). When a criminal defendant is convict'edv the court must order defendants to pay certain costs. See supra TI 10-14; see, eg., § 24-4. 1~119(1)(a) (crime victim compensation fund); § 18-82-105 (docket fees). If a defendant is acquitted, however, section 16-18-101(1) requires the State to pay the court costs.

$48 In this case, the money was not wrongfully withheld because a conviction supported the imposition of costs, fees, and restitution. See supro NT10-14; see also, eg, § 16-18.5-104 (stating that restitution becomes "due and payable at the time that the order of conviction is entered"). Nelson was initially convicted after a jury trial, so the court was authorized to order Nelson to pay costs, fees, and restitution at that time. Nelson was not ordered to pay costs and fees for the second trial, when she was acquitted. See § 16-18-101(1). Nelson was obligated to pay only while her conviction was in place and this obligation was imposed pursuant to a valid statute Accordingly, she was not deprived of due process.

149 Moreover, as explained, the General Assembly has provided a process for defendants to seek refunds. See §§ 18-65-101 to -108. Nelson did not file an action under the Exoneration Act, which allows a court to grant refunds of fees and restitution, along with compensation for the time an exonerated-defendant spent incarcerated. «See §§ 13-65-101 to -108, Due process does not require a defendant to be compensated automatically for the time she spent incarcerated while seeking an appeal or new trial. . Similarly, due process does not require an automatic refund of fines paid in connection with A conv1ct1on durlng that time:

*1079{50 The Exoneration Act provides sufficient process for defendants to seek a refund of costs, fees, and restitution that they incurred while a conviction was in place. Therefore requiring a defendant to seek a refund of costs, fees, and restitution through the process created by the legislature, rather than upon a motion after a criminal trial, does not violate due process.

- IV. Conclusion

T51 The trial court did not have the authority to grant a refund of costs, fees, and restitution to Nelson. If a criminal defendant wishes to seek a refund, the Exoneration Act provides the only procedure to do so. Accordingly, we reverse the court of appeals' ruling and remand the case for proceedings consistent with this oplmon