Babcock v. People.

2025 CO 26. No. 23SC583. Restitution—Statutory Interpretation—Procedural Deadlines—Statutory Waiver.

May 27, 2025

The supreme court held that the trial court’s deadline in CRS § 18-1.3-603(1)(b) isn’t jurisdictional and, therefore, can be waived. Here, the trial court didn’t order the amount of restitution until after subsection (l)(b)’s 91-day deadline because Babcock, who is the defendant in the underlying criminal action, requested that a restitution hearing be set after the deadline would expire. The court concluded that this request constituted an implied waiver of Babcock’s right to have the trial court determine the amount of restitution within 91 days of his conviction. Accordingly, the judgment of the court of appeals was affirmed.