First Regular Session

Sixty-first General Assembly

LLS NO. 97­0218.01 JGG SENATE BILL 97­073

STATE OF COLORADO

BY SENATORS Perlmutter, Feeley, Hopper, Matsunaka, Wham, and Thiebaut;

also REPRESENTATIVE Kaufman.

JUDICIARY

APPROPRIATIONS

REENGROSSED

A BILL FOR AN ACT

CONCERNING ACCESS TO JUSTICE FOR VICTIMS OF FAMILY VIOLENCE, AND MAKING AN APPROPRIATION THEREFOR.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Creates the family violence justice fund in the state treasury. Authorizes the state court administrator of the state judicial department to make grants from the fund to qualifying organizations providing legal services to indigent victims of family violence. Identifies those services for which moneys from the fund may be used by qualifying organizations.

Directs organizations seeking to receive a grant from the fund to submit an application on a form provided by the state court administrator. Identifies the formula to be applied by the state court administrator in distributing grants from the fund.

Specifies that moneys in the fund shall be subject to annual appropriation by the general assembly. Authorizes the state court administrator to accept funds, grants, gifts, or donations on behalf of the state to implement access to justice by victims of family violence. Limits the expenditure of moneys from the fund for indirect costs to not more than 3 percent of the moneys appropriated to the fund in any fiscal year.

Makes a conforming amendment.

Makes an appropriation.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Article 4 of title 14, Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

14­4­107.  Family violence justice fund ­ creation ­ grants from fund. (1)  THERE IS HEREBY ESTABLISHED IN THE STATE TREASURY THE FAMILY VIOLENCE JUSTICE FUND, HEREAFTER REFERRED TO AS THE "FUND". PURSUANT TO SUBSECTION (3) OF THIS SECTION, THE STATE COURT ADMINISTRATOR IS AUTHORIZED TO MAKE GRANTS FROM THE FUND DIRECTLY TO QUALIFYING ORGANIZATIONS PROVIDING CIVIL LEGAL SERVICES TO INDIGENT RESIDENTS OF THE STATE OF COLORADO.

(2)  GRANTS FROM THE FUND SHALL BE USED TO FUND QUALIFYING ORGANIZATIONS TO PROVIDE LEGAL ADVICE, REPRESENTATION, AND ADVOCACY FOR AND ON BEHALF OF INDIGENT CLIENTS WHO ARE VICTIMS OF FAMILY VIOLENCE. MONEYS FROM THE FUND MAY BE PROVIDED FOR SERVICES THAT INCLUDE, BUT ARE NOT LIMITED TO:

(a)  THE PROVISION OF DIRECT LEGAL REPRESENTATION TO VICTIMS OF FAMILY VIOLENCE IN RESOLVING THEIR CIVIL LEGAL MATTERS AND REMOVING IMPEDIMENTS TO THE ELIMINATION OF FAMILY VIOLENCE. SUCH REPRESENTATION MAY INCLUDE, BUT NEED NOT BE LIMITED TO, REPRESENTATION IN ANY RESTRAINING ORDER PROCEEDING, ACTION FOR DISSOLUTION OF MARRIAGE, LEGAL SEPARATION, OR DECLARATION OF INVALIDITY OF MARRIAGE, PATERNITY ACTION, CHILD CUSTODY ACTION, PROCEEDING TO ESTABLISH OR ENFORCE CHILD SUPPORT, ADMINISTRATIVE HEARINGS, OR ANY OTHER JUDICIAL ACTIONS IN WHICH FAMILY VIOLENCE IS AN ISSUE OR IN WHICH LEGAL REPRESENTATION IS NECESSARY TO PROTECT THE INTERESTS OF A VICTIM OF FAMILY VIOLENCE.

(b)  THE PROVISION OF CLINICS DESIGNED TO EDUCATE AND ASSIST INDIGENT VICTIMS OF FAMILY VIOLENCE IN THE PROCEEDINGS SET FORTH IN PARAGRAPH (a) OF THIS SUBSECTION (2);

(c)  THE PROVISION OF LEGAL INFORMATION AND ADVICE TO VICTIMS OF FAMILY VIOLENCE, REFERRALS TO APPROPRIATE PERSONS OR AGENCIES, AND THE PROVISION OF EMERGENCY ASSISTANCE IN APPROPRIATE CASES BY TELEPHONE, ELECTRONIC COMMUNICATION, OR OTHER APPROPRIATE MEANS.

(3)  A QUALIFYING ORGANIZATION SEEKING TO RECEIVE A GRANT FROM THE FUND SHALL SUBMIT AN APPLICATION EACH YEAR TO THE STATE COURT ADMINISTRATOR ON A FORM PROVIDED BY SUCH ADMINISTRATOR. THE APPLICATION FORM SHALL REQUEST ANY INFORMATION WHICH THE ADMINISTRATOR MAY NEED IN DETERMINING THE QUALIFICATIONS OF THE ORGANIZATION FOR RECEIPT OF A GRANT. COMMENCING JULY 1, 1997, AND QUARTERLY THEREAFTER, THE STATE COURT ADMINISTRATOR SHALL DISTRIBUTE GRANTS FROM THE FUND, SUBJECT TO AVAILABLE APPROPRIATIONS, TO A QUALIFYING ORGANIZATION FOR EACH COUNTY OR CITY AND COUNTY BASED UPON THE FOLLOWING FORMULA:

(a)  THE TOTAL MONEYS SHALL BE DISBURSED IN PROPORTION TO THE NUMBER OF PERSONS LIVING BELOW THE POVERTY LEVEL IN EACH COUNTY OR CITY AND COUNTY AS DETERMINED BY THE MOST RECENT CENSUS PUBLISHED BY THE BUREAU OF THE CENSUS OF THE UNITED STATES DEPARTMENT OF COMMERCE.

(b)  IF THERE IS MORE THAN ONE QUALIFYING ORGANIZATION WITHIN A COUNTY OR CITY AND COUNTY, THE PROPORTIONATE SHARE OF THE FUND FOR SUCH COUNTY OR CITY AND COUNTY DISBURSED TO EACH SUCH QUALIFYING ORGANIZATION SHALL BE ALLOCATED IN PROPORTION TO THE NUMBER OF INDIGENT FAMILY VIOLENCE CLIENTS SERVED BY EACH QUALIFYING ORGANIZATION OR ITS PREDECESSOR IN THE PRECEDING YEAR.

(4) (a)  IN ADDITION TO ANY APPROPRIATION FROM THE GENERAL FUND, THE STATE COURT ADMINISTRATOR IS AUTHORIZED TO ACCEPT ON BEHALF OF THE STATE ANY FUNDS, GRANTS, GIFTS, OR DONATIONS FROM ANY PRIVATE OR PUBLIC SOURCE FOR THE PURPOSE OF IMPLEMENTING THIS SECTION. ALL PRIVATE AND PUBLIC FUNDS RECEIVED THROUGH GRANTS, GIFTS, OR DONATIONS SHALL BE TRANSMITTED TO THE STATE TREASURER WHO SHALL CREDIT THE SAME TO THE FAMILY VIOLENCE JUSTICE FUND.

(b)  THE MONEYS IN THE FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE ADMINISTRATION OF THIS SECTION. THE STATE COURT ADMINISTRATOR OF THE JUDICIAL DEPARTMENT, SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY, IS AUTHORIZED TO EXPEND MONEYS APPROPRIATED TO THE DEPARTMENT FROM THE FUND TO QUALIFYING ORGANIZATIONS FOR THE PURPOSES DESCRIBED IN THIS SECTION; EXCEPT THAT THE AMOUNT EXPENDED FOR INDIRECT COSTS ASSOCIATED WITH THE ADMINISTRATION OF THIS SECTION SHALL NOT EXCEED THREE PERCENT OF THE MONEYS APPROPRIATED TO THE FUND IN ANY FISCAL YEAR. ALL INVESTMENT EARNINGS DERIVED FROM THE DEPOSIT AND INVESTMENT OF THE MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. ANY MONEYS NOT APPROPRIATED SHALL REMAIN IN THE FUND AND SHALL NOT BE TRANSFERRED OR REVERT TO THE GENERAL FUND OF THE STATE AT THE END OF ANY FISCAL YEAR.

(5)  FOR PURPOSES OF THIS SECTION:

(a)  "ADMINISTRATOR" MEANS THE STATE COURT ADMINISTRATOR IN THE STATE JUDICIAL DEPARTMENT.

(b)  "FAMILY VIOLENCE" HAS THE SAME MEANING AS "DOMESTIC ABUSE" AS SET FORTH IN SECTION 14­4­101 (2).

(c)  "FUND" MEANS THE FAMILY VIOLENCE JUSTICE FUND.

(d)  "INDIGENT" MEANS A PERSON WHOSE INCOME DOES NOT EXCEED ONE HUNDRED TWENTY­FIVE PERCENT OF THE CURRENT FEDERAL POVERTY GUIDELINES DETERMINED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.

(e)  "QUALIFYING ORGANIZATION" MEANS AN ORGANIZATION THAT:

(I)  PROVIDES FULL SERVICE CIVIL LEGAL SERVICES TO INDIGENT CLIENTS;

(II)  IS BASED IN COLORADO;

(III)  IS EXEMPT FROM TAXATION PURSUANT TO SECTION 501 (c) (3) OF THE INTERNAL REVENUE CODE; AND

(IV)  OBTAINS MORE THAN THIRTY­THREE PERCENT OF ITS FUNDING FROM SOURCES OTHER THAN GRANTS FROM THE FUND.

(f)  "RESTRAINING ORDER" HAS THE SAME MEANING AS SET FORTH IN SECTION 18­6­803.7 (1) (e), C.R.S.

SECTION 2.  13­3­101, Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

13­3­101.  State court administrator. (6)  THE STATE COURT ADMINISTRATOR SHALL MAKE GRANTS FROM THE FAMILY VIOLENCE JUSTICE FUND PURSUANT TO THE PROVISIONS OF SECTION 14­4­107, C.R.S.

SECTION 3. Appropriation - adjustment to the 1997 long bill. (1) For the fiscal year beginning July 1, 1997, there is hereby appropriated from the general fund to the family violence justice fund created pursuant to section 14­4­107 (1), Colorado Revised Statutes, the sum of one million dollars ($1,000,000), and such sum, or so much thereof as may be necessary, is further appropriated to the judicial department for allocation to the state court administrator, for the purpose of making grants to qualifying organizations pursuant to the provisions of section 14­4­107 (3), Colorado Revised Statutes.

(2) For the implementation of this act, appropriations made in the annual general appropriation act to the judicial department, alternate defense counsel, conflict of interest contracts, for the fiscal year beginning July 1, 1997, shall be adjusted as follows: The general fund appropriation is reduced by one million dollars ($1,000,000).

SECTION 4.  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.