HOUSE BILL 98-1345
BY REPRESENTATIVES Grampsas, Owen, and Romero;
also SENATORS Lacy, Blickensderfer, and Rizzuto.
Concerning a supplemental appropriation to the judicial department.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part VIII of section 2 of chapter 310, Session Laws of Colorado 1997, is amended to read:
Section 2. Appropriation.
PART VIII | |||||||||||||
JUDICIAL DEPARTMENT | |||||||||||||
(1) SUPREME COURT | |||||||||||||
Personal Services |
2,127,866 |
2,127,866 | |||||||||||
(39.0 FTE) | |||||||||||||
Operating Expenses |
|
30,777 |
|
| |||||||||
80,777 |
50,000 |
a | |||||||||||
Capital Outlay |
4,000 |
4,000 | |||||||||||
Grievance Committee |
2,465,000 |
2,175,000 |
b |
290,000 |
c | ||||||||
(31.5 FTE) | |||||||||||||
Continuing Legal Education |
280,000 |
275,000 |
b |
5,000 |
d | ||||||||
(4.0 FTE) | |||||||||||||
Law Examiner Board |
620,000 |
570,000 |
e |
50,000 |
f | ||||||||
(8.2 FTE) | |||||||||||||
Law Library |
425,000 |
375,000 |
g |
50,000 |
h | ||||||||
|
(2.0 FTE) | ||||||||||||
| |||||||||||||
6,002,643 | |||||||||||||
a This amount shall be from various fees and other cost recoveries. | |||||||||||||
b These amounts shall be from annual attorney registration fees and other fees. For purposes of complying with the limitation on state fiscal year spending imposed by Article X, Section 20 of the State Constitution, these moneys are included for informational purposes as they are continuously appropriated by a permanent statute or constitutional provision. | |||||||||||||
c This amount shall be from reserves in the Attorney Registration Fund. | |||||||||||||
d This amount shall be from reserves in the Continuing Legal Education Fund. | |||||||||||||
e This amount shall be from law examination application fees and other fees. For purposes of complying with the limitation on state fiscal year spending imposed by Article X, Section 20 of the State Constitution, these moneys are included for informational purposes as they are continuously appropriated by a permanent statute or constitutional provision. | |||||||||||||
f This amount shall be from reserves in the Law Examiner Board Fund. | |||||||||||||
g This amount shall be from appellate court filing fees and other fees. For purposes of complying with the limitation on state fiscal year spending imposed by Article X, Section 20 of the State Constitution, these moneys are included for informational purposes as they are continuously appropriated by a permanent statute or constitutional provision. | |||||||||||||
h This amount shall be from reserves in the | |||||||||||||
(2) COURT OF APPEALS | |||||||||||||
Personal Services |
4,459,754 |
4,459,754 | |||||||||||
(79.0 FTE) | |||||||||||||
Operating Expenses |
|
71,121 |
|
| |||||||||
79,121 |
8,000 |
a | |||||||||||
| |||||||||||||
4,538,875 | |||||||||||||
a This amount shall be from copier machine and postage receipts. | |||||||||||||
(3) COURTS ADMINISTRATION | |||||||||||||
(A) Administration104 | |||||||||||||
Personal Services |
2,232,823 |
2,232,823 | |||||||||||
|
(40.5 FTE) | ||||||||||||
Operating Expenses |
217,503 |
217,503 | |||||||||||
County Courthouse Furnishings105 |
2,750,516 |
2,750,516 | |||||||||||
5,200,842 | |||||||||||||
(B) Administrative Special Purpose | |||||||||||||
Health, Life, and Dental |
4,698,442 |
4,438,440 |
90,825 |
a |
169,177 |
(T)b | |||||||
Short-term Disability |
152,640 |
145,235 |
2,475 |
a |
4,930 |
(T)b | |||||||
Salary Survey and Anniversary Increases |
2,695,254 |
2,616,949 |
32,472 |
a |
45,833 |
(T)b | |||||||
Workers' Compensation |
1,569,656 |
1,547,616 |
5,346 |
a |
16,694 |
(T)b | |||||||
Legal Services for 2,556 hours |
122,685 |
122,685 | |||||||||||
Payment to Risk Management and Property Funds |
272,474 |
267,339 |
649 |
a |
4,486 |
(T)b | |||||||
Leased Space |
170,000 |
170,000 | |||||||||||
Lease Purchase |
94,561 |
94,561 | |||||||||||
Administrative Purposes |
137,446 |
112,446 |
25,000 |
c | |||||||||
Judicial Conference |
91,716 |
91,716 | |||||||||||
Retired Judges |
|
| |||||||||||
78,263 |
78,263 | ||||||||||||
Appellate Reports Publication |
74,600 |
74,600 | |||||||||||
Office of Dispute Resolution |
|
15,515 |
|
| |||||||||
640,577 |
478,062 |
d |
147,000 |
k | |||||||||
(4.5 FTE) | |||||||||||||
Alimony and Support106 |
269,872 |
80,000 |
185,200 |
e |
4,672 |
f | |||||||
Judicial Performance107 |
90,000 |
90,000 | |||||||||||
Child Support Enforcement |
78,500 |
25,807 |
52,693 |
(T)g | |||||||||
(1.0 FTE) | |||||||||||||
Training |
210,955 |
190,955 |
20,000 | ||||||||||
Collections Investigators108 |
2,245,274 |
|
|
|
| ||||||||
2,245,274 |
h | ||||||||||||
|
| ||||||||||||
(54.3 FTE) | |||||||||||||
Federal Funds and Other Grants |
|
|
| ||||||||||
142,186 |
142,186 |
(T)j | |||||||||||
| |||||||||||||
13,835,101 | |||||||||||||
a These amounts shall be from the Fines Collection Cash Fund, C.R.S., from the Drug Offender Surcharge Fund pursuant to Section 18-19-103, C.R.S., and from fees collected by the Office of Dispute Resolution pursuant to Section 13-22-305(3), C.R.S. | |||||||||||||
b These amounts shall be from the Department of Human Services, Alcohol and Drug Abuse Division, and the Department of Public Safety, Division of Criminal Justice. | |||||||||||||
c This amount shall be from | |||||||||||||
d This amount shall be from fees collected by the Office of Dispute Resolution pursuant to Section 13-22-305(3), C.R.S. | |||||||||||||
e This amount shall be from fees available pursuant to Section 13-32-101(1)(a.5)(I), C.R.S. | |||||||||||||
f This amount shall be from reserves in the Support Registry Fund. | |||||||||||||
g This amount shall be from federal funds appropriated in the Department of Human Services. | |||||||||||||
h Of this amount, $655,554 shall be from the | |||||||||||||
| |||||||||||||
j This amount shall be from federal funds from the Department of Public Safety, Division of Criminal Justice. | |||||||||||||
k Of this amount, $89,000 (T) shall be from federal funds from the Department of Human Services, $33,000 (T) shall be from federal funds from the Governors Office, and $25,000 shall be from reserves in the Dispute Resolution Fund created in Section 13-22-310, C.R.S. | |||||||||||||
(C) Judicial/Heritage Complex63 | |||||||||||||
Personal Services |
411,074 |
411,074 | |||||||||||
(4.0 FTE) | |||||||||||||
Operating Expenses |
58,680 |
58,680 | |||||||||||
Parking Lot Maintenance |
2,500 |
2,500 |
a | ||||||||||
472,254 | |||||||||||||
a This amount shall be from parking receipts. | |||||||||||||
(D) Integrated Information Services109 | |||||||||||||
Personal Services |
1,584,783 |
1,584,783 | |||||||||||
|
(36.0 FTE) | ||||||||||||
Operating Expenses |
|
174,074 |
|
| |||||||||
219,074 |
45,000 |
a | |||||||||||
Purchase of Services from Computer Center |
421,649 |
421,649 | |||||||||||
Telecommunications Expense |
350,000 |
350,000 | |||||||||||
Hardware/Software Maintenance |
1,075,000 |
1,075,000 | |||||||||||
Lease Purchase |
581,383 |
581,383 | |||||||||||
Hardware Replacement |
726,000 |
726,000 | |||||||||||
Computer Integrated Courtroom |
30,000 |
30,000 | |||||||||||
| |||||||||||||
4,987,889 | |||||||||||||
a This amount shall be from various fees and other cost recoveries. | |||||||||||||
| |||||||||||||
24,496,086 | |||||||||||||
(4) TRIAL COURTS110 | |||||||||||||
Personal Services |
|
61,189,049 |
|
| |||||||||
61,189,049 | |||||||||||||
(1,367.7 FTE) |
|
| |||||||||||
Operating Expenses |
|
2,727,336 |
|
| |||||||||
4,307,922 |
1,580,586 |
b | |||||||||||
Capital Outlay |
218,271 |
218,271 | |||||||||||
Purchase of Microfilm Services |
95,536 |
85,536 |
10,000 |
c | |||||||||
Mandated Costs |
|
| |||||||||||
17,658,915 |
17,658,915 | ||||||||||||
Involuntary Commitments |
8,344 |
8,344 |
(T)d | ||||||||||
Sex Offender Surcharge Fund Program |
9,666 |
9,666 |
e | ||||||||||
Victim Compensation |
8,728,518 |
8,728,518 |
f | ||||||||||
Victim Assistance |
|
|
| ||||||||||
11,444,910 |
11,444,910 |
g | |||||||||||
Family Preservation Matching Funds |
216,882 |
48,814 |
168,068 | ||||||||||
Dependency and Neglect Pilot Projects |
229,064 |
229,064 |
(T)h | ||||||||||
Federal Funds and Other Grants |
|
181,000 |
I |
|
|
| |||||||
1,003,312 |
422,312 |
(T)j |
400,000 | ||||||||||
(4.0 FTE) |
(7.5 FTE) |
(5.0 FTE) | |||||||||||
| |||||||||||||
105,110,389 | |||||||||||||
| |||||||||||||
b This amount shall be from various fees and other cost recoveries. | |||||||||||||
c This amount shall be from the sale of CD-ROMs. | |||||||||||||
d This amount shall be from federal funds appropriated in the Department of Human Services, Alcohol and Drug Abuse Division, pursuant to | |||||||||||||
e This amount shall be from the Sex Offender Surcharge Fund. | |||||||||||||
f This amount shall be from the Crime Victim Compensation Fund. For purposes of complying with the limitation on state fiscal year spending imposed by Article X, Section 20 of the State Constitution, these moneys are included for informational purposes as they are continuously appropriated by a permanent statute or constitutional provision. | |||||||||||||
g This amount shall be from the Victims and Witnesses Assistance and Law Enforcement Fund. For purposes of complying with the limitation on state fiscal year spending imposed by Article X, Section 20 of the State Constitution, these moneys are included for informational purposes as they are continuously appropriated by a permanent statute or constitutional provision. | |||||||||||||
h This amount shall be from the Department of Human Services, from moneys in Family Issues Cash Fund. | |||||||||||||
I Of this amount, $150,000 and 4.0 FTE shall be from | |||||||||||||
j This amount shall be from federal funds appropriated in the Department of Public Safety, Division of Criminal Justice for the Denver Drug Court. | |||||||||||||
(5) PROBATION AND RELATED SERVICES6, 111, 112 | |||||||||||||
Personal Services |
|
| |||||||||||
27,644,051 |
27,644,051 | ||||||||||||
(591.8 FTE) | |||||||||||||
Female Offender Program |
241,580 |
241,580 | |||||||||||
(6.0 FTE) | |||||||||||||
Operating Expenses |
1,093,178 |
1,093,178 | |||||||||||
Capital Outlay |
40,000 |
40,000 | |||||||||||
Intensive Supervision Operating Expenses |
122,505 |
122,505 | |||||||||||
Offender Services |
1,017,000 |
867,000 |
a |
150,000 |
(T)b | ||||||||
(3.0 FTE) | |||||||||||||
Electronic Monitoring/ Drug Testing |
667,170 |
667,170 | |||||||||||
Juvenile Residential and Aftercare Services |
558,720 |
558,720 | |||||||||||
Alcohol/Drug Driving Safety Contract |
2,800,363 |
2,800,363 |
(T)c | ||||||||||
(70.2 FTE) | |||||||||||||
Drug Offender Assessment |
615,543 |
615,543 |
d | ||||||||||
|
(11.5 FTE) | ||||||||||||
Victims |
|
|
| ||||||||||
407,149 |
310,970 |
k |
85,000 |
(T)e |
11,179 | ||||||||
(8.0 FTE) |
(1.0 FTE) |
(0.5 FTE) | |||||||||||
S.B. 91-94 |
|
|
| ||||||||||
1,380,475 |
1,380,475 |
(T)f | |||||||||||
| |||||||||||||
(24.3 FTE) | |||||||||||||
Sex Offender Assessment |
209,000 |
209,000 |
g | ||||||||||
Genetic Testing |
11,282 |
11,282 |
h | ||||||||||
Federal Funds and Other Grants |
|
115,000 |
I |
|
|
| |||||||
2,019,000 |
1,279,000 |
(T)j |
625,000 | ||||||||||
(3.1 FTE) |
|
| |||||||||||
(12.1 FTE) |
(6.6 FTE) | ||||||||||||
| |||||||||||||
38,827,016 | |||||||||||||
a This amount shall be from the Offender Services Fund pursuant to Section 16-11-214(1), C.R.S. | |||||||||||||
b This amount shall be from federal funds appropriated in the Department of Public Safety, Division of Criminal Justice. | |||||||||||||
c This amount shall be from the Department of Human Services, Alcohol and Drug Abuse Division, pursuant to | |||||||||||||
d This amount shall be from the Drug Offender Surcharge Fund pursuant to Section 18-19-103, C.R.S. | |||||||||||||
e This amount shall be from state Victims Assistance and Law Enforcement grant funds appropriated in the Department of Public Safety, Division of Criminal Justice. | |||||||||||||
f This amount shall be from the Department of Human Services, Division of Youth Corrections. | |||||||||||||
g This amount shall be from the Sex Offender | |||||||||||||
h This amount shall be from reserves in the Offender Services Fund. | |||||||||||||
I Of this amount $65,000 shall be from the City and County of Denver, and $50,000 shall be from | |||||||||||||
j | |||||||||||||
k This amount 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. | |||||||||||||
(6) PUBLIC DEFENDER113, 114, 115 | |||||||||||||
Personal Services |
17,472,912 |
17,472,912 | |||||||||||
(308.1 FTE) | |||||||||||||
Health, Life, and Dental |
630,535 |
630,535 | |||||||||||
Short-term Disability |
30,914 |
30,914 | |||||||||||
Salary Survey and Anniversary Increases |
651,307 |
651,307 | |||||||||||
Workers' Compensation |
17,818 |
17,818 | |||||||||||
Operating Expenses |
1,012,973 |
1,004,473 |
8,500 |
a | |||||||||
Capital Outlay |
12,500 |
12,500 | |||||||||||
Purchases of Services from Computer Center |
3,978 |
3,978 | |||||||||||
Vehicle Lease Payments |
60,895 |
60,895 | |||||||||||
Leased Space/Utilities |
999,614 |
999,614 | |||||||||||
Automation Plan |
603,581 |
603,581 | |||||||||||
Contract Services |
20,000 |
20,000 | |||||||||||
21,517,027 | |||||||||||||
a This amount shall be from training fees. | |||||||||||||
(7) ALTERNATE DEFENSE COUNSEL116 | |||||||||||||
Personal Services |
183,454 |
183,454 | |||||||||||
(3.0 FTE) | |||||||||||||
Health, Life, and Dental |
6,655 |
6,655 | |||||||||||
Short-term Disability |
349 |
349 | |||||||||||
Salary Survey and Anniversary Increases |
4,572 |
4,572 | |||||||||||
Operating Expenses |
|
22,032 | |||||||||||
24,032 |
2,000 |
a | |||||||||||
Leased Space |
16,200 |
16,200 | |||||||||||
Purchase of Services From Computer Center |
4,000 |
4,000 | |||||||||||
Conflict of Interest Contracts117 |
|
| |||||||||||
5,305,464 |
5,305,464 | ||||||||||||
| |||||||||||||
5,544,726 | |||||||||||||
a This amount shall be from training fees. | |||||||||||||
TOTALS PART VIII | |||||||||||||
(JUDICIAL)2, 3, 4, 118 |
|
|
|
|
|
| |||||||
$206,036,762 |
$166,815,508 |
$30,648,496 |
$7,348,511 |
a |
$1,224,247 | ||||||||
a Of this amount, |
FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2.
2(Governor lined through this provision. See L. 97, p. 2126.)
3All Departments, Totals -- The General Assembly requests that copies of all reports requested in other footnotes contained in this act be delivered to the Joint Budget Committee and the majority and minority leadership in each house of the General Assembly.
4(Governor lined through this provision. See L. 97, p. 2126.)
6Department of Corrections, Management, Executive Director's Office Subprogram; Department of Human Services, Division of Youth Corrections, and Health and Rehabilitation Services, Alcohol and Drug Abuse Division; Judicial Department, Probation and Related Services; and Department of Public Safety, Division of Criminal Justice -- It is the intent of the General Assembly that state criminal justice agencies involved in multi-agency programs requiring separate appropriations to each agency designate one lead agency to be responsible for submitting a comprehensive annual budget request for such programs to the Joint Budget Committee. Each agency must still submit its portion of such request with its own budget document.
63Department of Higher Education, State Historical Society; and Judicial Department, Courts Administration, Judicial/Heritage Complex -- It is the intent of the General Assembly that any requests for increased funding for the Judicial Heritage Complex should include an appropriate level of cash funds, federal funds, or both, from sources available to the Colorado Historical Society. In addition, any requests which are related, in whole or in part, to the Historical Society should be listed among the decision item priorities in the Historical Society's annual budget request.
104(Governor lined through this provision. See L. 97, p. 2127.)
105Judicial Department, Courts Administration, Administration, County Courthouse Furnishings -- These funds shall be used to provide furnishings for those county projects involving remodeling and renovations of existing courthouses and those projects involving the construction of new county courthouses. These funds shall not be used for the purposes of providing capital outlay for the regular replacement and modernization of Judicial Department equipment and furnishings. The Department shall, as its first option, purchase such furnishings from the Department of Corrections, Correctional Industries, unless Correctional Industries can not provide furnishings of similar quality in a timely manner at a lower price than other vendors. The Judicial Department is requested to submit to the Joint Budget Committee and the General Assembly a report detailing the Department's five-year plan for county courthouse furnishing projects, pursuantto Section 13-3-108(3), C.R.S., on or before each November 1.
106Judicial Department, Courts Administration, Administrative Special Purpose, Alimony and Support -- It is the intent of the General Assembly that the Judicial Department should set the per payment fee for processing child support payments at a level which is sufficient to eliminate the General Fund appropriation for this line item in FY 1998-99.
107Judicial Department, Courts Administration, Administrative Special Purpose, Judicial Performance -- The Judicial Department is requested to review the effectiveness of its judicial performance commissions and report on the impact of additional funding originally provided in FY 1996-97. This report should be submitted in connection with the Department's annual budget request.
108Judicial Department, Courts Administration, Administrative Special Purpose, Collections Investigators -- Increased funding for this line item is provided with the expectation that the Judicial Department will generate additional cost recoveries in FY 1997-98 totaling $4.4 million, of which $1.35 million shall be for restitution, $1.35 million shall be for victim's compensation and victim's assistance, and $1.7 million shall be for the General Fund. The Judicial Department is requested to provide an update on collections performance each year in connection with its annual budget request.
109Judicial Department, Courts Administration, Integrated Information Services -- The Judicial Department is directed to submit a zero-based budget request for the Integrated Information Services Division to the Joint Budget Committee by November 1, 1997. It is the intent of the General Assembly that any increase in funding beyond the FY 1997-98 appropriation is contingent upon submission of the zero-based budget request. In conjunction with this submission, the Judicial Department is directed to cooperate with the Information Management Commission in the development and review of an information management annual plan.
110Judicial Department, Trial Courts -- It is the intent of the General Assembly that additional funding provided for magistrates and for dependency and neglect pilot projects be utilized to expedite case processing in the affected judicial districts. The Judicial Department is encouraged to concentrate on ensuring expedited processing of juvenile cases. In addition, the Department should develop best practice standards which ensure expedited processing for juvenile cases and other case types, as appropriate. The Department is requested to report on progress in achieving these goals in connection with its annual budget request.
111Judicial Department, Probation and Related Services -- The Judicial Department is requested to provide by November 1 of each year a report on pre- and post-release recidivism rates among offenders in all segments of the probation population, including adult and juvenile intensive supervision, adult and juvenile minimum, medium and maximum supervision, the female offender program, and the specialized drug offender program.
112Judicial Department, Probation and Related Services -- The Judicial Department is requested to submit its FY 1998-99 budget request for the Probation Division in a format which explicitly identifies personal services and operating expenses associated with each of the following programs: regular adult supervision; regular juvenile supervision; adult intensive supervision; juvenile intensive supervision; the female offender program; and drug offender assessments.
113Judicial Department, Public Defender -- In addition to the transfer authority provided in Section 24-75-110, 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.
114Judicial Department, Public Defender -- The Public Defender is requested to provide a report to the General Assembly on both the dollars and the FTE utilized by the office in death penalty cases during the most recently completed fiscal year. This report should be submitted as part of the Public Defender's annual budget request.
115Judicial Department, Public Defender -- The Public Defender is requested to implement a procedure to utilize available credit reporting data and/or other data bases for determining an applicant's eligibility for Public Defender services. The Public Defender is requested to report on the implementation of this process as part of its annual budget request.
116Judicial Department, Alternate Defense Counsel -- In addition to the transfer authority provided in Section 24-75-110, C.R.S., up to 1.5 percent of the total Alternate Defense Counsel appropriation may be transferred between budgetary line items in the Alternate Defense Counsel's Office.
117(Governor lined through this provision. See L. 97, p. 2130.)
118Judicial Department, Totals -- The Judicial Department is requested to provide, by February 1 of each fiscal year, a report to the Joint Budget Committee on any proposed fee increases in any program or division funded from an appropriation to the Judicial Department.
SECTION 2. 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO