The People of the State of Colorado v. Nicolette Padilla-Lopez

Summary

The court held that the Department of Human Services was not a victim entitled to criminal restitution for foster-care and counseling costs incurred after the defendant's child-abuse conviction. Because DHS's expenditures fulfilled its statutory duty to care for dependent and neglected children, and the child-abuse statute did not make DHS a primary victim or expressly authorize recovery of those costs, the restitution award was improper. Justice EID, dissenting, would have upheld or limited the award to extraordinary therapy costs and argued that the majority misread the governing precedent.