NOTE: The governor signed this measure on 2/23/2012. HOUSE BILL 12-1187 BY REPRESENTATIVE(S) Gerou, Becker, Levy, Labuda, Ryden; also SENATOR(S) Hodge, Steadman, Lambert. Concerning a supplemental appropriation to the judicial department. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Appropriation to the judicial department for the fiscal year beginning July 1, 2011. In Session Laws of Colorado 2011, section 2 of chapter 335, (SB 11-209), amend Part VIII as follows: Section 2. Appropriation. PART VIII JUDICIAL DEPARTMENT (1) SUPREME COURT/COURT OF APPEALS Appellate Court Programs33 11,595,223 10,260,577 1,334,646 a (122.5 FTE) (17.5 FTE) Attorney Regulation 6,000,000 6,000,000 b (40.5 FTE) Continuing Legal Education 370,000 370,000 c (4.0 FTE) State Board of Law Examiners 900,000 900,000 d (8.2 FTE) Law Library 550,000 500,000 e 50,000 f (1.5 FTE) 19,415,223 a Of this amount, $1,266,646 shall be from the Judicial Stabilization Cash Fund created in Section 13-32-101 (6), C.R.S., and $68,000 shall be from various fees and other cost recoveries. b This amount shall be from annual attorney registration fees established by the Colorado Supreme Court pursuant to the Colorado Rules of Civil Procedure, Chapter 18, Rule 227 for the Attorney Regulation Committee, the Attorney Regulation Counsel, and the Presiding Disciplinary Judge established by the Colorado Rules of Civil Procedure, Chapter 20, Rules 251.2, 251.3, and 251.16. These moneys are included for informational purposes as they are continuously appropriated under the Judicial Branch's constitutional authority. c This amount shall be from annual attorney registration fees established by the Colorado Supreme Court pursuant to the Colorado Rules of Civil Procedure, Chapter 18, Rule 227 for the Board of Continuing Legal and Judicial Education established by the Colorado Rules of Civil Procedure, Chapter 20, Rule 260.3. These moneys are included for informational purposes as they are continuously appropriated under the Judicial Branch's constitutional authority. d This amount shall be from law examination application fees established by the Colorado Supreme Court pursuant to the Colorado Rules of Civil Procedure, Chapter 18, Rules 201.2 and 201.4. These moneys are included for informational purposes as they are continuously appropriated under the Judicial Branch's constitutional authority. e This amount shall be from appellate court filing fees and other fees credited to the Supreme Court Library Fund pursuant to Section 13-2-120, C.R.S. These moneys are included for informational purposes as they are continuously appropriated under the Judicial Branch's constitutional authority. f This amount shall be from moneys transferred from the Department of Law. (2) COURTS ADMINISTRATION (A) Administration and Technology General Courts Administration 16,043,094 12,068,777 1,923,705 a 2,050,612 b 16,185,094 11,910,777 2,350,612 b (168.4 FTE) (20.0 FTE) (2.0 FTE) Information Technology Infrastructure 4,642,845 853,094 3,789,751 c 5,442,845 4,589,751 c Statewide Indirect Cost Assessment 143,285 140,111 d 3,174 Departmental Indirect Cost Assessment 1,907,327 1,907,327 d 22,736,551 23,678,551 a Of this amount, an estimated $1,780,075 shall be from the Judicial Department Information Technology Cash Fund created in Section 13-32-114 (1), C.R.S., and an estimated $143,630 shall be from various sources of cash funds. b Of this amount, an estimated $1,907,327 shall be from departmental indirect cost recoveries, an estimated $300,000 shall be from indirect cost recoveries related to federal grants, and an estimated $143,285 shall be from statewide indirect cost recoveries. c This amount shall be from the Judicial Department Information Technology Cash Fund created in Section 13-32-114 (1), C.R.S. d These amounts shall be from various fees and cost recoveries. (B) Central Appropriations Health, Life, and Dental 18,959,122 17,002,669 1,956,453 a Short-term Disability 349,520 287,955 61,565 a S.B. 04-257 Amortization Equalization Disbursement 5,368,501 4,410,863 957,638 a S.B. 06-235 Supplemental Amortization Equalization Disbursement 4,259,422 3,497,156 762,266 a Workers' Compensation 1,672,725 1,672,725 Legal Services for 3,000 hours 227,130 227,130 Purchase of Services from Computer Center 510,537 510,537 Multiuse Network Payments 412,501 412,501 Payment to Risk Management and Property Funds 232,018 232,018 Vehicle Lease Payments 58,443 58,443 56,345 56,345 Leased Space 1,285,765 1,114,285 171,480 b Communication Services Payments 12,161 12,161 Lease Purchase 119,878 119,878 33,467,723 33,465,625 a These amounts shall be from the Judicial Stabilization Cash Fund created in Section 13-32-101 (6), C.R.S., the State Commission on Judicial Performance Cash Fund created in Section 13-5.5-107 (1), C.R.S., the Offender Services Fund created in Section 16-11-214 (1) (a), C.R.S., the Judicial Department Information Technology Cash Fund created in Section 13-32-114 (1), C.R.S., the Fines Collection Cash Fund created in Section 18-1.3-401 (1) (a) (III) (D), C.R.S., the Drug Offender Surcharge Fund created in Section 18-19-103 (4) (a), C.R.S., and the Alcohol and Drug Driving Safety Program Fund created in Section 42-4-1301.3 (4) (a), C.R.S. b This amount shall be from employee parking fees. (C) Centrally Administered Programs Victim Assistance 16,375,000 16,375,000 a Victim Compensation 12,175,000 12,175,000 b Collections Investigators 5,179,351 4,281,810 c 897,541 d (83.2 FTE) Problem-solving Courts 2,343,417 1,561,293 e 782,124 (21.7 FTE) (11.0 FTE) Language Interpreters 3,671,284 3,384,784 286,500 f (25.0 FTE) Courthouse Security 3,864,989 3,864,989 g (1.0 FTE) Courthouse Capital/ Infrastructure Maintenance 473,526 473,526 e Senior Judge Program 1,500,000 1,500,000 Office of Judicial Performance Evaluation 920,955 920,955 h (2.0 FTE) Family Violence Justice Grants 675,000 458,430 216,570 i Family-friendly Court Program 375,000 375,000 j (0.5 FTE) Child Support Enforcement 90,900 30,904 59,996 k (1.0 FTE) 47,644,422 a This amount shall be from the Victims and Witnesses Assistance and Law Enforcement (VALE) Fund established in the office of the court administrator of each judicial district pursuant to Section 24-4.2-103 (1), C.R.S. These moneys are included for informational purposes as they are continuously appropriated under the Judicial Branch's constitutional authority. b This amount shall be from the Crime Victim Compensation Fund established in the office of the court administrator of each judicial district pursuant to Section 24-4.1-117 (1), C.R.S. These moneys are included for informational purposes as they are continuously appropriated under the Judicial Branch's constitutional authority. c Of this amount, an estimated $2,800,000 shall be from the Judicial Collection Enhancement Fund created in Section 16-11-101.6 (2), C.R.S., an estimated $1,200,000 shall be from the Fines Collection Cash Fund created in Section 18-1.3-401 (1) (a) (III) (D), C.R.S., and an estimated $281,810 shall be from various fees and cost recoveries. d This amount shall be from local Victims and Witnesses Assistance and Law Enforcement (VALE) funds established pursuant to Section 24-4.2-103 (1), C.R.S., and transferred from the Trial Courts section. e These amounts shall be from the Judicial Stabilization Cash Fund created in Section 13-32-101 (6), C.R.S. f Of this amount, $236,500 shall be from the Judicial Stabilization Cash Fund created in Section 13-32-101 (6), C.R.S., and $50,000 shall be from various fees, cost recoveries, and grants. g This amount shall be from the Court Security Cash Fund created in Section 13-1-204 (1) (a), C.R.S. h This amount shall be from the State Commission on Judicial Performance Cash Fund created in Section 13-5.5-107 (1), C.R.S. i This amount shall be from the Family Violence Justice Fund created in Section 14-4-107 (1), C.R.S. j This amount shall be from the Family-friendly Court Program Cash Fund created in Section 13-3-113 (6), C.R.S. k This amount shall be from federal funds transferred from the Department of Human Services. (D) Ralph L. Carr Colorado Judicial Center Operating Expenses 120,105 120,105 a a This amount shall be from the Justice Center Cash Fund created in Section 13-32-101 (7) (a), C.R.S. 103,848,696 104,908,703 (3) TRIAL COURTS Trial Court Programs33 120,998,717 91,937,301 27,961,416 a 1,100,000 b (1,429.8 FTE) (318.8 FTE) Court Costs, Jury Costs, and Court-appointed Counsel 15,594,352 15,109,352 485,000 c District Attorney Mandated Costs 2,198,494 2,073,494 125,000 c Federal Funds and Other Grants 2,900,000 975,000 c 300,000 d 1,625,000 (3.0 FTE) (6.0 FTE) (5.0 FTE) 141,691,563 a Of this amount, an estimated $25,286,416 shall be from the Judicial Stabilization Cash Fund created in Section 13-32-101 (6), C.R.S., an estimated $2,600,000 shall be from various fees and other cost recoveries, an estimated $65,000 shall be from the sale of jury pattern instructions, and an estimated $10,000 shall be from the Water Adjudication Cash Fund created in Section 37-92-309 (4) (a), C.R.S. b This amount shall be from federal child support enforcement funds transferred from the Department of Human Services. c These amounts shall be from various fees, cost recoveries, and grants. d This amount shall be from federal funds transferred from the Department of Public Safety and the Department of Human Services. (4) PROBATION AND RELATED SERVICES1a Probation Programs 74,873,947 64,273,680 10,600,267 a (976.5 FTE) (153.9 FTE) Offender Treatment and Services 17,499,136 10,619,290 b 6,879,846 c S.B. 03-318 Community Treatment Funding 2,200,000 2,200,000 H.B. 10-1352 Appropriation to Drug Offender Surcharge Fund 6,156,118 6,156,118 S.B. 91-94 Juvenile Services 1,906,837 1,906,837 d (25.0 FTE) Day Reporting Services 393,078 393,078 Victims Grants 650,000 650,000 e (6.0 FTE) Federal Funds and Other Grants 5,600,000 1,950,000 f 850,000 g 2,800,000 (2.0 FTE) (18.0 FTE) (13.0 FTE) 109,279,116 a Of this amount, an estimated $4,964,014 shall be from the Offender Services Fund created in Section 16-11-214 (1) (a), C.R.S., an estimated $4,795,414 shall be from the Alcohol and Drug Driving Safety Program Fund created in Section 42-4-1301.3 (4) (a), C.R.S., an estimated $702,114 shall be from the Drug Offender Surcharge Fund created in Section 18-19-103 (4) (a), C.R.S., an estimated $80,000 shall be from various fees and cost recoveries, and an estimated $58,725 shall be from the Offender Identification Fund created in Section 24-33.5-415.6 (1), C.R.S. b Of this amount, an estimated $9,097,255 shall be from the Offender Services Fund created in Section 16-11-214 (1) (a), C.R.S., an estimated $1,010,006 shall be from the Drug Offender Surcharge Fund created in Section 18-19-103 (4) (a), C.R.S., an estimated $302,029 shall be from the Sex Offender Surcharge Fund created in Section 18-21-103 (3), C.R.S., and an estimated $210,000 shall be from various fees and cost recoveries. c Of this amount, $6,100,000 shall be from General Fund moneys credited to the Drug Offender Surcharge Fund pursuant to Section 18-19-103 (3.5), C.R.S., and $779,846 shall be from moneys in the Persistent Drunk Driver Cash Fund created in Section 42-3-303 (1), C.R.S., that are transferred from the Department of Human Services, Alcohol and Drug Abuse Division. d This amount shall be transferred from the Department of Human Services, Division of Youth Corrections. e Of this amount, an estimated $425,000 shall be from grants from local Victims and Witnesses Assistance and Law Enforcement (VALE) Boards pursuant to Section 24-4.2-105 (2.5) (a) (II), C.R.S., transferred from the Trial Courts section, and an estimated $225,000 shall be from state Victims Assistance and Law Enforcement Fund grants transferred from the Department of Public Safety, Division of Criminal Justice, pursuant to Section 24-33.5-506 (1) (b), C.R.S. f This amount shall be from various fees, cost recoveries, and grants. g This amount shall be from federal funds transferred from the Department of Public Safety, the Department of Human Services, and the Department of Education. (5) PUBLIC DEFENDER34 Personal Services33 43,087,357 43,087,357 (645.2 FTE) Health, Life, and Dental 4,555,942 4,555,942 Short-term Disability 68,330 68,330 S.B. 04-257 Amortization Equalization Disbursement 1,067,990 1,067,990 S.B. 06-235 Supplemental Amortization Equalization Disbursement 852,431 852,431 Operating Expenses 1,209,206 1,179,206 30,000 a Vehicle Lease Payments 59,783 59,783 78,636 78,636 Capital Outlay 141,090 141,090 Leased Space/Utilities 6,017,436 6,017,436 Automation Plan 894,768 894,768 Contract Services 18,000 18,000 Mandated Costs 3,649,464 3,649,464 3,884,183 3,884,183 Grants 316,520 316,520 b (5.1 FTE) 61,938,317 62,191,889 a This amount shall be from training fees. b This amount shall be from funding provided by local governments for professional services provided by the State Public Defender. (6) ALTERNATE DEFENSE COUNSEL35 Personal Services33 706,089 706,089 (7.5 FTE) Health, Life, and Dental 80,682 80,682 Short-term Disability 1,089 1,089 S.B. 04-257 Amortization Equalization Disbursement 17,026 17,026 S.B. 06-235 Supplemental Amortization Equalization Disbursement 13,590 13,590 Operating Expenses 67,030 67,030 Leased Space 40,544 40,544 35,880 35,880 Training and Conferences 40,000 20,000 20,000 a Conflict of Interest Contracts 20,692,161 20,692,161 Mandated Costs 1,589,848 1,589,848 23,248,059 23,243,395 a This amount shall be from training fees. (7) OFFICE OF THE CHILD'S REPRESENTATIVE36 Personal Services33 1,910,890 1,910,890 (26.9 FTE) Health, Life, and Dental 167,808 167,808 Short-term Disability 2,986 2,986 S.B. 04-257 Amortization Equalization Disbursement 46,681 46,681 S.B. 06-235 Supplemental Amortization Equalization Disbursement 37,260 37,260 Operating Expenses 159,929 159,929 Leased Space 150,380 150,380 CASA Contracts 475,000 475,000 Training 38,000 38,000 Court Appointed Counsel37 16,531,560 16,531,560 Mandated Costs 26,228 26,228 19,546,722 (8) INDEPENDENT ETHICS COMMISSION38 Personal Services 129,827 129,827 (1.0 FTE) Health, Life, and Dental 4,437 4,437 Short-term Disability 285 285 S.B. 04-257 Amortization Equalization Disbursement 4,458 4,458 S.B. 06-235 Supplemental Amortization Equalization Disbursement 3,558 3,558 Operating Expenses 15,807 15,807 Legal Services for 900 hours 68,139 68,139 226,511 TOTALS PART VIII (JUDICIAL) $479,194,207 $344,850,999 $114,388,078 $14,744,832 $5,210,298 $480,503,122 $344,939,809 $115,308,183 $15,044,832 FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2. 1a Department of Corrections, Management, Executive Director's Office Subprogram; Department of Human Services, Mental Health and Alcohol and Drug Abuse Services, Alcohol and Drug Abuse Division; and Division of Youth Corrections; Judicial Department, Probation and Related Services; and Department of Public Safety, Division of Criminal Justice; and Colorado Bureau of Investigation -- State agencies involved in multi-agency programs requiring separate appropriations to each agency are requested to designate one lead agency to be responsible for submitting a comprehensive annual budget request for such programs to the Joint Budget Committee, including prior year, request year, and three year forecasts for revenues into the fund and expenditures from the fund by agency. The requests should be sustainable for the length of the forecast based on anticipated revenues. Each agency is still requested to submit its portion of such request with its own budget document. This applies to requests for appropriation from the Drug Offender Surcharge Fund, the Offender Identification Fund, the Sex Offender Surcharge Fund, the Persistent Drunk Driver Cash Fund, and the Alcohol and Drug Driving Safety Program Fund, among other programs. 33 Judicial Department, Supreme Court/Court of Appeals, Appellate Court Programs; Trial Courts, Trial Court Programs; Public Defender, Personal Services; Alternate Defense Counsel, Personal Services; Office of the Child's Representative, Personal Services -- In accordance with Section 13-30-104 (3), C.R.S., funding is provided for judicial compensation, as follows: FY 2011-12 Salary Chief Justice, Supreme Court $142,708 Associate Justice, Supreme Court 139,660 Chief Judge, Court of Appeals 137,201 Associate Judge, Court of Appeals 134,128 District Court Judge, Denver Juvenile Court Judge, and Denver Probate Court Judge 128,598 County Court Judge 123,067 Funding is also provided in the Long Bill to maintain the salary of the Public Defender at the level of an associate judge of the Court Appeals, and to maintain the salaries of the Alternate Defense Counsel and the Executive Director of the Office of the Child's Representative at the level of a district court judge. 34 Judicial Department, Public Defender -- In addition to the transfer authority provided in Section 24-75-108 (5), C.R.S., up to 2.5 percent of the total Public Defender appropriation may be transferred between line items in the Public Defender's Office. 35 Judicial Department, Alternate Defense Counsel -- In addition to the transfer authority provided in Section 24-75-108 (5), C.R.S., up to 2.5 percent of the total Alternate Defense Counsel appropriation may be transferred between line items in the Alternate Defense Counsel's Office. 36 Judicial Department, Office of the Child's Representative -- In addition to the transfer authority provided in Section 24-75-108 (5), C.R.S., up to 2.5 percent of the total Office of the Child's Representative's appropriation may be transferred between line items in the Office of the Child's Representative. 37 Judicial Department, Office of the Child's Representative, Court Appointed Counsel -- It is the intent of the General Assembly that the Office of the Child's Representative be authorized to utilize up to $25,000 of this appropriation to fund a pilot program as authorized pursuant to Section 13-91-105 (1) (e), C.R.S., for the purpose of evaluating alternatives to the appointment of child and family investigators and child's legal representatives in domestic relations cases. 38 Judicial Department, Independent Ethics Commission -- In addition to the transfer authority provided in Section 24-75-108 (5), C.R.S., up to 10.0 percent of the total Independent Ethics Commission appropriation may be transferred between line items in the Independent Ethics Commission. SECTION 2. Appropriation to the judicial department for the fiscal year beginning July 1, 2011. In Session Laws of Colorado 2011, section 6 of chapter 193, (HB 11-1300), amend (1) and (2) as follows: Section 6. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the judicial department, courts administration, centrally administered programs, for courthouse capital/ infrastructure maintenance, for the fiscal year beginning July 1, 2011, the sum of sixty-two thousand five hundred twenty-nine dollars ($62,529) ten thousand dollars ($10,000), or so much thereof as may be necessary, for the implementation of this act. (2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the judicial department, trial courts, trial court programs, for personal services and operating expenditures, for the fiscal year beginning July 1, 2011, the sum of five hundred ninety thousand four hundred seventy-one dollars ($590,471) one hundred forty thousand four hundred seventy-one dollars ($140,471) and 6.0 2.0 FTE, or so much thereof as may be necessary, for the implementation of this act. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ________________________________________________________ Frank McNulty Brandon C. Shaffer SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Marilyn Eddins Cindi L. Markwell CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO