NOTE: The governor signed this measure on 3/11/2016.
      
      
      HOUSE BILL 16-1243
      
      
      BY REPRESENTATIVE(S) Hamner, Young, Rankin, Fields, Kagan,
      Melton, Pettersen, Rosenthal;
      also SENATOR(S) Lambert, Grantham, Steadman, Cadman.
      
      
      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, 2015.  In Session Laws of Colorado 2015,
      section 2 of chapter 364, (SB 15-234), amend Part VIII as follows:
      
           Section 2. Appropriation.
      
PART VIII


JUDICIAL DEPARTMENT


















(1) SUPREME COURT/COURT OF APPEALS













Appellate Court Programs45
13,377,395


13,305,395



72,000
a










(142.8 FTE)











Office of Attorney Regulation
Counsel
10,650,000






10,650,000
(I)b














(69.0 FTE)







Law Library
563,121






500,000
(I)c
63,121
d





572,669








72,669
d












(2.5 FTE)

(1.0 FTE)





Indirect Cost Assessment
221,332






221,332
(I)e








24,811,848















24,821,396





























a This amount shall be from various fees and cost recoveries.


b This amount shall be from annual attorney registration fees and law examination application fees established by the Colorado Supreme Court pursuant to the Colorado Rules of Civil
Procedure, Chapter 18, Rules 203.1 and 227. 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 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.


d 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.


e This amount shall be from annual attorney registration fees and law examination application fees established by the Colorado Supreme Court pursuant to the Colorado Rules of Civil
Procedure, Chapter 18, Rules 203.1 and 227. 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
24,357,312


16,419,069



5,747,813
a
2,190,430
b








16,286,069





2,323,430
b






 

(202.4 FTE)



(29.0 FTE)

(2.0 FTE)





Information Technology
Infrastructure
8,631,321


403,094



8,228,227
c






Indirect Cost Assessment
682,402






673,399
d
9,003
e





33,671,035






























a Of this amount, an estimated $5,508,027 shall be from the Judicial Department Information Technology Cash Fund created in Section 13-32-114 (1), C.R.S., $96,156 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, $1,869,572 shall be from departmental indirect cost recoveries or the Indirect Costs Excess Recovery Fund created in Section 24-75-1401 (2), C.R.S., $178,858 shall
be from statewide indirect cost recoveries collected by the Judicial Department or the Indirect Costs Excess Recovery Fund created in Section 24-75-1401 (2), C.R.S., and an estimated
$142,000 $275,000 shall be from indirect cost recoveries from federal grants to cover both departmental and statewide indirect costs.


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 sources of reappropriated funds.


































(B) Central Appropriations













Health, Life, and Dental
29,574,072


26,723,070



2,851,002
a






Short-term Disability
384,414


347,073



37,341
a






S.B. 04-257 Amortization
Equalization Disbursement
8,928,410


8,168,699



759,711
a






S.B. 06-235 Supplemental
Amortization Equalization
Disbursement
8,271,723


7,542,763



728,960
a






Salary Survey
8,711,251


8,395,379



315,872
a






Merit Pay
2,556,586


2,360,879



195,707
a






Workers' Compensation
1,126,921


1,126,921











Legal Services for 2,000
2,600 hours
190,020


190,020












247,026


247,026











Payment to Risk Management
and Property Funds
729,019


729,019











Vehicle Lease Payments
93,207


93,207












93,850


93,850











Ralph L. Carr Colorado
Judicial Center Leased Space
2,491,754


2,491,754











Payments to OIT
4,031,075


4,031,075











CORE Operations
1,619,424


1,619,424











Lease Purchase
119,878


119,878












68,827,754















68,885,403






























a These amounts shall be from various sources of cash funds including: 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 Judicial Collection
Enhancement Fund created in Section 16-11-101.6 (2), 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., the Restorative Justice Surcharge Fund created in Section 18-25-101 (3) (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
13,400,000






13,400,000
(I)b






Collections Investigators
6,670,821






5,773,280
c
897,541
d












(104.2 FTE)







Problem-solving Courts
3,509,361


375,376



3,133,985
e










(2.8 FTE)



(41.5 FTE)







Language Interpreters and
Translators
4,137,999


4,087,999



50,000
f










(32.9 FTE)











Courthouse Security
2,471,940


500,000



1,971,940
g














(1.0 FTE)







Appropriation to the
Underfunded Courthouse
Facility Cash Fund
2,000,000


2,000,000











Underfunded Courthouse
Facilities Grant Program
2,000,000








2,000,000
h














(1.0 FTE)





Courthouse Capital/
Infrastructure Maintenance
4,501,549


2,457,525



2,044,024
i







2,192,549


837,525



1,355,024
i






Senior Judge Program
1,504,384


204,384



1,300,000
e






Judicial Education and
Training
1,453,718


4,812



1,448,906
e














(2.0 FTE)







Office of Judicial
Performance Evaluation
784,084


290,000



494,084
j














(2.0 FTE)







Family Violence Justice
Grants
2,670,000


2,500,000



170,000
k






Restorative Justice Programs
872,249






872,249
l














(1.0 FTE)







District Attorney Adult
Pretrial Diversion Programs
477,000


400,000



77,000
m






Family-friendly Court
Program
225,943






225,943
n














(0.5 FTE)







Compensation for Exonerated
Persons
105,751


105,751











Child Support Enforcement
90,900


30,904





59,996
o





95,339


32,415





62,924
o














(1.0 FTE)






63,250,699















60,946,138






























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 attorney 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 attorney are authorized to spend these moneys without an appropriation 
for statutorily authorized purposes.


c Of this amount, an estimated $4,873,280 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 This amount 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 Underfunded Courthouse Facility Cash Fund created in Section 13-1-304 (1), C.R.S.


i Of this amount, $2,041,672 $1,352,672 shall be from the Judicial Department Information Technology Cash Fund created in Section 13-32-114 (1), C.R.S., and $2,352 shall be from
the Restorative Justice Surcharge Fund created in Section 18-25-101 (3) (a), C.R.S.


j This amount shall be from the State Commission on Judicial Performance Cash Fund created in Section 13-5.5-107 (1), C.R.S.


k This amount shall be from the Family Violence Justice Fund created in Section 14-4-107 (1), C.R.S.


l This amount shall be from the Restorative Justice Surcharge Fund created in Section 18-25-101 (3) (a), C.R.S.


m This amount shall be from the Correctional Treatment Cash Fund created in Section 18-19-103 (4) (a), C.R.S.


n This amount shall be from the Family-friendly Court Program Cash Fund created in Section 13-3-113 (6) (a), C.R.S.


o This amount shall be transferred from the Department of Human Services from the Child Support Enforcement line item appropriation.


















(D) Ralph L. Carr Colorado Judicial Center













Personal Services
1,460,479















(2.0 FTE)














Operating Expenses
4,026,234














Debt Service Payments
21,543,903














Controlled Maintenance
2,025,000















29,055,616


5,000,000



18,529,624
a
5,525,992
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 $3,034,238 from the Department of Law and $2,491,754 from
the Central Appropriations subsection of this section.




















194,805,104















192,558,192





























(3) TRIAL COURTS















Trial Court Programs45
142,548,019


112,435,242



28,862,777
a
1,250,000
b





142,598,019


112,495,242



28,852,777
a










(1,462.6 FTE)



(383.3 FTE)







Court Costs, Jury Costs, and
Court-appointed Counsel
12,766,837


12,601,588



165,249
c







13,512,944


13,347,695











District Attorney Mandated
Costs46
2,817,350


2,647,350



170,000
c







2,492,350


2,322,350











Federal Funds and Other
Grants
2,900,000






975,000
c
300,000
(I)d
1,625,000
(I)










(3.0 FTE)

(6.0 FTE)

(5.0 FTE)





161,032,206















161,503,313





























a Of this amount, an estimated $26,187,777 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, and 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. instructions.


b This amount shall be transferred from the Department of Human Services from the Child Support Enforcement line item appropriation.


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
84,220,961


73,309,049



10,911,912
a










(1,036.5 FTE)



(142.4 FTE)







Offender Treatment and
Services47
31,386,237


924,877



14,373,019
b
16,088,341
c




Appropriation to the
Correctional Treatment Cash
Fund
15,200,000


15,200,000











S.B. 91-094 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
1,144,696






1,144,696
g








140,886,231





























a Of this amount, it is estimated that $5,457,873 shall be from the Offender Services Fund created in Section 16-11-214 (1) (a), C.R.S., $5,315,314 shall be from the Alcohol and Drug
Driving Safety Program Fund created in Section 42-4-1301.3 (4) (a), C.R.S., $80,000 shall be from various fees and cost recoveries, and $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, 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., $4,623,735 shall be from the Correctional Treatment
Cash Fund created in Section 18-19-103 (4) (a), C.R.S., $350,000 shall be from various fees and cost recoveries, and $302,029 shall be from the Sex Offender Surcharge Fund created
in Section 18-21-103 (3), C.R.S.


c Of this amount, $15,200,000 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), (3.5) (c), and (4) (a), C.R.S., and $888,341 shall be transferred from the Department of Human Services
from the Persistent Drunk Driver Programs line item appropriation.


d This amount shall be transferred from the Department of Human Services from the S.B. 91-94 Programs line item appropriation.


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 DEFENDER48













Personal Services45
59,762,923


59,762,923















(780.2 FTE)











Health, Life, and Dental
6,232,846


6,232,846











Short-term Disability
114,758


114,758











S.B. 04-257 Amortization
Equalization Disbursement
2,295,153


2,295,153











S.B. 06-235 Supplemental
Amortization Equalization
Disbursement
2,216,909


2,216,909











Salary Survey
583,552


583,552











Merit Pay
576,242


576,242











Operating Expenses
1,741,697


1,711,697



30,000
a






Vehicle Lease Payments
114,565


114,565












105,569


105,569











Leased Space and Utilities
6,456,972


6,456,972











Automation Plan
1,416,920


1,416,920











Attorney Registration
140,085


140,085











Contract Services
49,395


49,395











Mandated Costs
4,817,866


4,817,866











Grants
120,000






120,000
b

 












(2.0 FTE)









86,639,883















86,630,887





























a This amount shall be from training fees.


b This amount shall be from grants, including funding provided by local governments for professional services provided by the Office of the State Public Defender.


































(6) OFFICE OF THE ALTERNATE DEFENSE COUNSEL49













Personal Services45
1,093,458


1,093,458















(10.9 FTE)











Health, Life, and Dental
134,599


134,599











Short-term Disability
2,078


2,078











S.B. 04-257 Amortization
Equalization Disbursement
41,541


41,541











S.B. 06-235 Supplemental
Amortization Equalization
Disbursement
40,126


40,126











Salary Survey
61,947


61,947











Merit Pay
6,761


6,761











Operating Expenses
75,405


75,405











Capital Outlay
4,703


4,703











Training and Conferences
60,000


20,000



40,000
a






Conflict-of-interest Contracts
26,615,760


26,615,760












28,007,998


28,007,998











Mandated Costs
1,926,613


1,926,613












2,047,677


2,047,677













30,062,991















31,576,293





























a This amount shall be from training fees.


















(7) OFFICE OF THE CHILD'S REPRESENTATIVE50













Personal Services45
2,295,026


2,295,026















(28.9 FTE)











Health, Life, and Dental 
222,248


222,248











Short-term Disability
5,224


5,224











S.B. 04-257 Amortization
Equalization Disbursement
104,479


104,479











S.B. 06-235 Supplemental
Amortization Equalization
Disbursement
100,917


100,917











Salary Survey
93,977


93,977











Merit Pay
23,011


23,011











Operating Expenses
193,354


193,354











Leased Space
105,137


105,137











CASA Contracts
1,020,000


1,020,000











Training
38,000


38,000











Court-appointed Counsel51
20,421,453


20,421,453











Mandated Costs
54,645


54,645











Title IV-E Training Grant
9,390








9,390
(I)a






24,686,861





























a This amount shall be from federal funds transferred from the Department of Human Services.


















(8) OFFICE OF THE RESPONDENT PARENTS' COUNSEL52













Personal Services45
842,361


842,361















(6.9 FTE)











Health, Life, and Dental 
30,579


30,579











Short-term Disability
1,430


1,430











S.B. 04-257 Amortization
Equalization Disbursement
28,598


28,598











S.B. 06-235 Supplemental
Amortization Equalization
Disbursement
27,623


27,623











Operating Expenses
38,546


38,546











Legal Services for 500 hours
47,505


47,505











Capital Outlay
435,140


435,140











Case Management System
253,125


253,125











Training
45,000


22,500



22,500
a






Court-appointed Counsel
4,986,663


4,986,663













6,736,570





























a This amount shall be from training fees.


















(9) INDEPENDENT ETHICS COMMISSION53













Program Costs
176,690


176,690















(1.0 FTE)











Legal Services for 1,800
hours
171,018


171,018













347,708





























TOTALS PART VIII















(JUDICIAL)

$670,009,402

$477,393,699



$155,800,052
a
$32,390,651
b
$4,425,000
c




$669,747,451

$477,685,272



$155,101,052
a
$32,536,127
b




















a Of this amount, $41,146,332 contains an (I) notation.


b Of this amount, $309,390 contains an (I) notation.


c This amount contains an (I) notation.


     FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2.

     45   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; Office of the
          Respondent Parents' Counsel, Personal Services -- In accordance with Section 13-30-104 (3), C.R.S., funding is provided for judicial compensation, as follows:

                                                FY 2014-15              FY 2015-16
                                                  Salary      Increase    Salary
Chief Justice, Supreme Court                     $161,151      $15,648   $176,799
Associate Justice, Supreme Court                   157,710     15,314     173,024
Chief Judge, Court of Appeals                     154,933       15,044     169,977
Associate Judge, Court of Appeals                 151,463       14,707     166,170
District Court Judge, Denver Juvenile Court Judge,
   and Denver Probate Court Judge                 145,219       14,101     159,320
County Court Judge                                 138,972     13,494     152,466

         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, the Executive Director of the Office of the Child's Representative, and the Director of the Office
         of the Respondent Parents' Counsel at the level of a district court judge.

    46   Judicial Department, Trial Courts, District Attorney Mandated Costs -- It is the intent of the General Assembly that $400,000 $75,000 of the amount
         appropriated for District Attorney Mandated Costs be used only to reimburse mandated costs associated with one case: The People of the State of Colorado
         v. James Holmes (12CR1522). Should reimbursable mandated costs incurred in FY 2015-16 for this case total less than  $400,000, $75,000, it is the intent
         of the General Assembly that the unexpended funds revert to the General Fund.

    47   Judicial Department, Probation and Related Services, Offender Treatment and Services -- It is the intent of the General Assembly that $624,877 of the General
         Fund appropriation for Offender Treatment and Services be used to provide treatment and services for offenders participating in veterans treatment courts,
         including peer mentoring services.

    
    48   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.

    
    49   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.

    
    50   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.

    51   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.

    52   Judicial Department, Office of the Respondent Parents' 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 Respondent Parents' Counsel's appropriation may be transferred between line items in the Office of the Respondent Parents'
         Counsel.
    

    53   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, 2015.  In Session Laws of Colorado 2015,
       amend section 17 of chapter 264, (SB 15-204), as follows:
           Section 17.  Appropriation - adjustments to 2015 long bill.
       (1)  To implement this act, the general fund appropriation made in the
       annual general appropriation act for the 2015-16 state fiscal year to the
       department of human services for the child protection ombudsman is
       decreased by $270,372.
           (2)  For the 2015-16 state fiscal year, $351,086 $372,653 is
       appropriated to the judicial department. This appropriation is from the
       general fund and is based on an assumption that the department will
       require an additional 2.2 FTE. To implement this act, the department may
       use this appropriation as follows:
           (a)  $10,000 for general courts administration, which amount is
       based on an assumption that the department will require an additional 0.2
       FTE;
           (b) $133,812 for courthouse capital and infrastructure
       maintenance; and
           (c)  $207,274 $228,841 for the office of the child protection
       ombudsman, which amount is based on an assumption that the office will
       require an additional 2.0 FTE.
                  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.
       
       
       
       
       ________________________________________________________
       Dickey Lee Hullinghorst               Bill L. Cadman
       SPEAKER OF THE HOUSE                    PRESIDENT OF
       OF REPRESENTATIVES                        THE SENATE
       
       
       
       
       
       
       ____________________________  ____________________________
       Marilyn Eddins                           Effie Ameen
       CHIEF CLERK OF THE HOUSE                SECRETARY OF
       OF REPRESENTATIVES                        THE SENATE
       
       
       
       
                   APPROVED________________________________________
       
       
       
       
       
                                     _________________________________________
                                     John W. Hickenlooper
                                     GOVERNOR OF THE STATE OF COLORADO