NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. HOUSE BILL 14-1239 BY REPRESENTATIVE(S) Duran, May, Gerou, Fields, Labuda, Pettersen, Rosenthal, Salazar, Williams; also SENATOR(S) Steadman, Hodge, Lambert, Guzman. 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, 2013. In Session Laws of Colorado 2013, section 2 of chapter 441, (SB 13-230), amend Part VIII as follows: Section 2. Appropriation. PART VIII JUDICIAL DEPARTMENT (1) SUPREME COURT/COURT OF APPEALS Appellate Court Programs37 11,581,239 10,248,849 1,332,390 a (122.5 FTE) (17.5 FTE) Attorney Regulation 7,000,000 7,000,000 (I)b (56.0 FTE) Continuing Legal Education 410,000 410,000 (I)c (4.0 FTE) State Board of Law Examiners 1,050,000 1,050,000 (I)d (7.0 FTE) Law Library 563,121 500,000 (I)e 63,121 f (2.5 FTE) (1.0 FTE) Indirect Cost Assessment 149,983 149,983 (I)g 20,754,343 a Of this amount, $1,264,390 $1,260,390 shall be from the Judicial Stabilization Cash Fund created in Section 13-32-101 (6), C.R.S., and $68,000 $72,000 shall be from various fees and 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 Department'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 Department'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 Department's constitutional authority. e This amount shall be from appellate court filing fees and other fees credited to the Supreme Court Library Fund created in Section 13-2-120, C.R.S. These moneys are included for informational purposes as they are continuously appropriated under the Judicial Department's constitutional authority. f This amount shall be transferred from the Department of Law from the Personal Services line item appropriation within the Legal Services to State Agencies section. g This amount shall be from annual attorney registration fees, law examination application fees, and appellate court filing fees and other fees credited to the Supreme Court Library Fund created in Section 13-2-120, C.R.S. These moneys are included for informational purposes as they are continuously appropriated under the Judicial Department's constitutional authority. (2) COURTS ADMINISTRATION (A) Administration and Technology General Courts Administration 19,919,542 12,109,981 5,893,302 a 1,916,259 b (172.0 FTE) (32.0 FTE) (2.0 FTE) Information Technology Infrastructure 4,637,841 403,094 4,234,747 c Indirect Cost Assessment 593,237 581,957 d 11,280 e 25,150,620 a Of this amount, an estimated $5,447,927 shall be from the Judicial Department Information Technology Cash Fund created in Section 13-32-114 (1), C.R.S., $210,667 shall be from the Judicial Stabilization Cash Fund created in Section 13-32-101 (6), C.R.S., $91,078 shall be from the Correctional Treatment Cash Fund created in Section 18-19-103 (4) (a), C.R.S., and an estimated $143,630 shall be from various sources of cash funds. b Of this amount, $1,672,100 shall be from departmental indirect cost recoveries, an estimated $142,000 shall be from indirect cost recoveries from federal grants to cover both departmental and statewide indirect costs, and $102,159 shall be from statewide indirect cost recoveries collected by the Judicial Department. c This amount shall be from the Judicial Department Information Technology Cash Fund created in Section 13-32-114 (1), C.R.S. d This amount shall be from various fees and cost recoveries. e This amount shall be from various source of reappropriated funds. (B) Central Appropriations Health, Life, and Dental 24,919,320 22,860,367 2,058,953 a Short-term Disability 324,428 247,005 77,423 a S.B. 04-257 Amortization Equalization Disbursement 6,963,558 5,397,337 1,566,221 a S.B. 06-235 Supplemental Amortization Equalization Disbursement 6,081,988 4,689,972 1,392,016 a Salary Survey 5,698,482 4,676,224 1,022,258 a Merit Pay 3,370,314 2,788,409 581,905 a Workers' Compensation 1,337,492 1,337,492 Legal Services for 2,204 hours 200,740 200,740 Purchase of Services from Computer Center 699,378 699,378 Colorado State Network 1,666,209 1,666,209 Payment to Risk Management and Property Funds 607,112 607,112 Vehicle Lease Payments 88,182 88,182 Ralph L. Carr Colorado Judicial Center Leased Space 2,063,194 2,063,194 Communication Services Payments 18,297 18,297 COFRS Modernization 1,056,857 1,056,857 Information Technology Security 24,047 24,047 Lease Purchase 119,878 119,878 55,239,476 a These amounts shall be from various sources of cash funds including: 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 Correctional Treatment Cash 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. (C) Centrally Administered Programs Victim Assistance 16,375,000 16,375,000 (I)a Victim Compensation 12,175,000 12,175,000 (I)b Collections Investigators 5,157,739 4,260,198 c 897,541 d (83.2 FTE) Problem-solving Courts 3,045,535 3,045,535 e (41.5 FTE) Language Interpreters 3,662,739 3,376,239 286,500 f (25.0 FTE) Courthouse Security 3,214,989 3,214,989 g (1.0 FTE) Courthouse Capital/ Infrastructure Maintenance 3,956,958 20,042 3,936,916 e Senior Judge Program 1,400,000 1,400,000 e Judicial Education and Training 1,462,036 1,462,036 e (2.0 FTE) Office of Judicial Performance Evaluation 920,955 920,955 h (2.0 FTE) Family Violence Justice Grants 1,170,000 1,000,000 170,000 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) 53,006,851 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 each judicial district court administrator and district attorneys are authorized to spend these moneys without an appropriation for statutorily authorized purposes. 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 each judicial district court administrator and district attorneys are authorized to spend these moneys without an appropriation. c Of this amount, an estimated $3,360,198 shall be from the Judicial Collection Enhancement Fund created in Section 16-11-101.6 (2), C.R.S., and an estimated $900,000 shall be from the Fines Collection Cash Fund created in Section 18-1.3-401 (1) (a) (III) (D), C.R.S. d This amount shall be transferred from the Victim Assistance line item appropriation within this subsection. 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) (a), C.R.S. k This amount shall be transferred from the Department of Human Services from the Child Support Enforcement line item appropriation within the Office of Self Sufficiency section. (D) Ralph L. Carr Colorado Judicial Center Personal Services 1,442,049 (2.0 FTE) Operating Expenses 4,026,234 Controlled Maintenance 2,025,000 7,493,283 2,503,602 a 4,989,681 a a These amounts shall be from the Justice Center Cash Fund created in Section 13-32-101 (7) (a), C.R.S. The reappropriated funds reflect transfers from appropriations to state agencies for Ralph L. Carr Colorado Judicial Center Leased Space that will be credited to the Justice Center Cash Fund, including $2,926,487 from the Department of Law and $2,063,194 from the Central Appropriations subsection of this section. 140,890,230 (3) TRIAL COURTS Trial Court Programs37 124,961,437 92,803,540 31,057,897 a 1,100,000 b (1,435.8 FTE) (368.3 FTE) Court Costs, Jury Costs, and Court-appointed Counsel 15,985,692 15,500,692 485,000 c 15,940,692 15,455,692 District Attorney Mandated Costs38 2,651,916 2,491,916 160,000 c Federal Funds and Other Grants 2,900,000 975,000 c 300,000 d 1,625,000 (I) (3.0 FTE) (6.0 FTE) (5.0 FTE) 146,499,045 146,454,045 a Of this amount, an estimated $28,382,897 shall be from the Judicial Stabilization Cash Fund created in Section 13-32-101 (6), C.R.S., an estimated $65,000 shall be from the sale of jury pattern instructions, an estimated $10,000 shall be from the Water Adjudication Cash Fund created in Section 37-92-309 (4) (a), C.R.S., and an estimated $2,600,000 shall be from various fees and other cost recoveries. b This amount shall be transferred from the Department of Human Services from the Child Support Enforcement line item appropriation within the Office of Self Sufficiency section. c These amounts shall be from various fees, cost recoveries, and grants. d This amount shall be transferred from the Department of Public Safety and the Department of Human Services from federal funds. (4) PROBATION AND RELATED SERVICES Probation Programs 75,932,735 65,381,056 10,551,679 a (995.5 FTE) (153.9 FTE) Offender Treatment and Services39 26,672,355 667,197 13,525,312 b 12,479,846 c 26,812,355 13,665,312 b Appropriation to the Correctional Treatment Cash Fund 11,700,000 11,700,000 S.B. 91-94 Juvenile Services 2,496,837 2,496,837 d (25.0 FTE) Reimbursements to Law Enforcement Agencies for the Costs of Returning a Probationer 187,500 187,500 e Victims Grants 650,000 650,000 f (6.0 FTE) Federal Funds and Other Grants 5,600,000 1,950,000 g 850,000 h 2,800,000 (I) (2.0 FTE) (18.0 FTE) (13.0 FTE) Indirect Cost Assessment 1,031,039 1,031,039 g 124,270,466 124,410,466 a Of this amount, it is estimated that $4,915,426 shall be from the Offender Services Fund created in Section 16-11-214 (1) (a), C.R.S., $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., $702,114 shall be from the Correctional Treatment Cash Fund created in Section 18-19-103 (4) (a), C.R.S., $58,725 shall be from the Offender Identification Fund created in Section 24-33.5-415.6 (1), C.R.S., and $80,000 shall be from various fees and cost recoveries. b Of this amount, it is estimated that $9,097,255 shall be from the Offender Services Fund created in Section 16-11-214 (1) (a), C.R.S., $3,916,028 shall be from the Correctional Treatment Cash Fund created in Section 18-19-103 (4) (a), C.R.S., $302,029 shall be from the Sex Offender Surcharge Fund created in Section 18-21-103 (3), C.R.S., and $210,000 $350,000 shall be from various fees and cost recoveries. c Of this amount, $11,700,000 shall be from the Correctional Treatment Cash Fund created in Section 18-19-103 (4) (a), C.R.S., from General Fund moneys appropriated to the Correctional Treatment Cash Fund pursuant to Sections 18-19-103 (3.5) (b) and (4) (a), C.R.S., and $779,846 shall be transferred from the Department of Human Services from the Persistent Drunk Driver Programs line item appropriation within the Alcohol and Drug Abuse Division. d This amount shall be transferred from the Department of Human Services from the S.B. 91-94 Programs line item appropriation within the Division of Youth Corrections. e This amount shall be from the Interstate Compact Probation Transfer Cash Fund created in Section 18-1.3-204 (4) (b) (II) (A), C.R.S. f Of this amount, it is estimated that $425,000 shall be transferred from local Victims and Witnesses Assistance and Law Enforcement (VALE) Board grants reflected in the Victim Assistance line item appropriation within the Courts Administration, Centrally Administered Programs subsection, pursuant to Section 24-4.2-105 (2.5) (a) (II), C.R.S., and $225,000 shall be transferred from the Department of Public Safety from the State Victims Assistance and Law Enforcement Program line item appropriation within the Division of Criminal Justice, pursuant to Section 24-33.5-506 (1) (b), C.R.S. g These amounts shall be from various fees, cost recoveries, and grants. h This amount shall be transferred from the Department of Public Safety, the Department of Human Services, and the Department of Education from various sources of funds. (5) OFFICE OF THE STATE PUBLIC DEFENDER40 Personal Services37 43,760,551 43,760,551 (656.6 FTE) Health, Life, and Dental 4,683,828 4,683,828 Short-term Disability 85,266 85,266 S.B. 04-257 Amortization Equalization Disbursement 1,599,630 1,599,630 S.B. 06-235 Supplemental Amortization Equalization Disbursement 1,439,218 1,439,218 Salary Survey 5,640,158 5,640,158 Merit Pay 651,614 651,614 Operating Expenses 1,512,139 1,482,139 30,000 a Vehicle Lease Payments 44,407 44,407 105,286 105,286 Leased Space/Utilities 5,730,514 5,730,514 Automation Plan 1,416,920 1,416,920 Attorney Registration 99,045 99,045 118,377 118,377 Contract Services 49,395 49,395 Mandated Costs 4,315,888 4,315,888 Grants 120,000 120,000 b (2.0 FTE) 71,148,573 71,228,784 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 Office of the State Public Defender. (6) OFFICE OF THE ALTERNATE DEFENSE COUNSEL41 Personal Services37 805,230 805,230 899,230 899,230 (8.4 FTE) Health, Life, and Dental 99,113 99,113 Short-term Disability 1,230 1,230 S.B. 04-257 Amortization Equalization Disbursement 23,089 23,089 S.B. 06-235 Supplemental Amortization Equalization Disbursement 20,771 20,771 Salary Survey 12,817 12,817 Merit Pay 10,408 10,408 Operating Expenses 69,210 69,210 92,940 92,940 Training and Conferences 40,000 20,000 20,000 a Conflict of Interest Contracts 20,234,616 20,234,616 23,055,774 23,055,774 Mandated Costs 1,580,114 1,580,114 1,800,417 1,800,417 22,896,598 26,055,789 a This amount shall be from training fees. (7) OFFICE OF THE CHILD'S REPRESENTATIVE42 Personal Services37 1,902,541 1,902,541 (26.9 FTE) Health, Life, and Dental 248,490 248,490 Short-term Disability 3,347 3,347 S.B. 04-257 Amortization Equalization Disbursement 62,833 62,833 S.B. 06-235 Supplemental Amortization Equalization Disbursement 56,523 56,523 Salary Survey 34,879 34,879 Merit Pay 28,323 28,323 Operating Expenses 159,929 159,929 188,889 188,889 Leased Space 102,120 102,120 CASA Contracts 1,020,000 1,020,000 Training 38,000 38,000 Court Appointed Counsel43 16,011,128 16,011,128 16,898,141 16,898,141 Mandated Costs 37,000 37,000 19,705,113 20,621,086 (8) INDEPENDENT ETHICS COMMISSION44 Personal Services 189,180 189,180 (2.0 FTE) Health, Life, and Dental 12,249 12,249 Short-term Disability 328 328 S.B. 04-257 Amortization Equalization Disbursement 6,160 6,160 S.B. 06-235 Supplemental Amortization Equalization Disbursement 5,542 5,542 Salary Survey 1,964 1,964 Merit Pay 1,595 1,595 Operating Expenses 16,757 16,757 Legal Services for 900 hours 81,972 81,972 315,747 TOTALS PART VIII (JUDICIAL) $546,480,115 $378,170,241 $138,070,313 a $25,814,561 $4,425,000 b $550,730,490 $382,280,616 $138,210,313 a a Of this amount, $37,659,983 contains an (I) notation. b This amount contains an (I) notation. FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2. 37 Judicial Department, Supreme Court/Court of Appeals, Appellate Court Programs; Trial Courts, Trial Court Programs; Office of the State Public Defender, Personal Services; Office of the 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 2012-13 Salary Increase FY 2013-14 Salary Chief Justice, Supreme Court $142,708 $5,137 $147,845 Associate Justice, Supreme Court 139,660 5,028 144,688 Chief Judge, Court of Appeals 137,201 4,939 142,140 Associate Judge, Court of Appeals 134,128 4,829 138,957 District Court Judge, Denver Juvenile Court Judge, and Denver Probate Court Judge 128,598 4,630 133,228 County Court Judge 123,067 4,430 127,497 Funding is also provided in the Long Bill to maintain the salary of the State Public Defender at the level of an associate judge of the Court of 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. 38 Judicial Department, Trial Courts, District Attorney Mandated Costs -- It is the intent of the General Assembly that $353,500 of the amount appropriated for District Attorney Mandated Costs be used only to reimburse mandated costs associated with two cases: The People of the State of Colorado v. James Holmes (12CR1522); and The People v. Austin Reed Sigg (2012CR2899). Should reimbursable mandated costs incurred in FY 2013-14 for these two cases total less than $353,500, it is the intent of the General Assembly that the unexpended funds revert to the General Fund. 39 Judicial Department, Probation and Related Services, Offender Treatment and Services - It is the intent of the General Assembly that $367,197 of the General Fund appropriation for Offender Treatment and Services be used to provide treatment and services for offenders participating in veterans treatment courts. 40 Judicial Department, Office of the State 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 Office of the State Public Defender appropriation may be transferred between line items in the Office of the State Public Defender. 41 Judicial Department, Office of the 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 Office of the Alternate Defense Counsel appropriation may be transferred between line items in the Office of the Alternate Defense Counsel. 42 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. 43 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. 44 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, 2013. In Session Laws of Colorado 2013, amend section 17 of chapter 336, (HB 13-1156), as follows: Section 17. Appropriation. 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, for the fiscal year beginning July 1, 2013, the sum of $425,000 and 0.5 FTE, or so much thereof as may be necessary, to be allocated for the implementation of this act as follows: (a) $33,072 and 0.5 FTE for general courts administration for personal services; (b) $475 $3,475 for general courts administration for operating expenses and diversion funding committee travel expenses; (c) $1,230 for courthouse capital/infrastructure maintenance; and (d) $390,223 $387,223 for allocation to district attorney adult pretrial diversion programs. SECTION 3. Appropriation to the judicial department for the fiscal year beginning July 1, 2013. In Session Laws of Colorado 2013, section 13 of chapter 341, (HB 13-1254), amend (2) as follows: Section 13. Appropriation. (2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the restorative justice surcharge fund created in section 18-25-101 (3) (a), Colorado Revised Statutes, not otherwise appropriated, to the judicial department, for the fiscal year beginning July 1, 2013, the sum of $12,263 $199,263 and 0.2 FTE, or so much thereof as may be necessary, to be allocated for the implementation of this act as follows: (a) $12,073 and 0.2 FTE for general courts administration for personal services; and (b) $190 for general courts administration for operating expenses. expenses; and (c) $187,000 for the restorative justice pilot project. SECTION 4. Appropriation to the judicial department for the fiscal year beginning July 1, 2013. In Session Laws of Colorado 2013, section 6 of chapter 409, (HB 13-1230), amend (3) and repeal (1) 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 department of higher education, for the fiscal year beginning July 1, 2013, the sum of $1,920, or so much thereof as may be necessary, to be allocated to the college opportunity fund program for stipends for students attending state institutions. Said sum is further reappropriated to the state board for community colleges and occupational education state system community colleges for the implementation of this act. (3) 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, for the fiscal year beginning July 1, 2013, the sum of $100,000, $107,801, or so much thereof as may be necessary, to be allocated to courts administration, centrally administered programs, for the compensation for exonerated persons or immediate family members of exonerated persons as required to implement this act. SECTION 5. 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. ________________________________________________________ Mark Ferrandino Morgan Carroll 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