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An Act

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

75,777



30,777




45,000

a






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)















5,997,643














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 Law Supreme Court Library Fund created in Section 13-2-120, C.R.S.















(2) COURT OF APPEALS













Personal Services

4,459,754



4,459,754














(79.0 FTE)










Operating Expenses

78,121



71,121




7,000

a






79,121







8,000

a







4,537,875














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

55,598



55,598











78,263



78,263










Appellate Reports Publication

74,600



74,600










Office of Dispute Resolution

406,407



15,515




390,892

d






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







1,737,274

h

508,000

(T)I











2,245,274

h













(36.3 FTE)


(18.0 FTE)












(54.3 FTE)






Federal Funds and Other Grants

67,186









67,186

(T)j




142,186









142,186

(T)j




13,503,266














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 fees for jury instruction committees royalties from the sale of pattern jury instructions.

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 Collections Collection Enhancement Fund pursuant to Section 16-11-101.6 (2), C.R.S., and $1,081,720 shall be from the Fines Collection Cash Fund pursuant to Section 18-1-105 (1)(a)(III)(d), C.R.S., and $508,000 shall be from local Victims and Witnesses Assistance and Law Enforcement (VALE) Boards.

I This amount shall be from local Victim's Assistance and Law Enforcement Boards from funds originally appropriated in the Trial Courts.

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 Governor’s 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

189,074



174,074




15,000

a






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











4,957,889














4,987,889



























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

















24,134,251














24,496,086


























(4) TRIAL COURTS110














Personal Services

61,215,977



61,189,049






26,928

(T)a




61,189,049

















(1,367.7 FTE)





(0.5 FTE)




Operating Expenses

4,147,922



2,727,336




1,420,586

b






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

16,567,901



16,567,901











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

9,421,587







9,421,587

g






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

831,000







181,000

I

400,000

(T)j

250,000



1,003,312









422,312

(T)j

400,000










(4.0 FTE)


(7.5 FTE)


(5.0 FTE)




101,690,668














105,110,389


























a This amount shall be from the Department of Human Services, Division of Youth Corrections.

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 Section 25-1-1112 Section 25-1-1112 (1), C.R.S.

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 local grants for administration of Useful Public Service programs fees collected pursuant to Section 16-11-701 (6), C.R.S., from persons required to perform community or useful public service, and $31,000 shall be a grant from Jefferson County.

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

27,533,462



27,533,462











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 Assistance and Law Enforcement Grant Grants

60,000









60,000

(T)e




407,149







310,970

k

85,000

(T)e

11,179










(8.0 FTE)


(1.0 FTE)


(0.5 FTE)


S.B. 91-94

1,300,230









1,300,230

(T)f




1,380,475









1,380,475

(T)f













(21.0 FTE)














(24.3 FTE)




Sex Offender Assessment

209,000







209,000

g





Genetic Testing

11,282









11,282

h



Federal Funds and Other Grants

1,439,945







115,000

I

881,000

(T)j

443,945



2,019,000









1,279,000

(T)j

625,000










(3.1 FTE)


(8.9 FTE)


(2.0 FTE)












(12.1 FTE)


(6.6 FTE)




37,709,978














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 Section 42-4-1202(5) Section 42-4-1301 (10), C.R.S.

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 Treatment Surcharge Fund created in Section 18-21-103 (3), C.R.S.

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 local grants for administration of Useful Public Service programs fees collected pursuant to Section 16-11-701 (6), C.R.S., from persons required to perform community or useful public service.

j This amount Of this amount, $1,189,000 shall be from federal funds appropriated in the Department of Human Services for juvenile assessment and treatment programs, $45,000 shall be from federal funds appropriated in the Department of Public Safety for juvenile assessment and treatment programs, and $45,000 shall be from the Colorado Department of Education for an adult literacy program.

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



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

5,768,084



5,768,084











5,305,464



5,305,464


























6,005,346














5,544,726


























a This amount shall be from training fees.















TOTALS PART VIII














(JUDICIAL)2, 3, 4, 118


$201,592,788


$166,053,860




$27,521,033


$7,135,882

a

$882,013




$206,036,762


$166,815,508




$30,648,496


$7,348,511

a

$1,224,247
















a Of this amount, $6,724,816 $6,912,557 contains a (T) notation.

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


Created: 3/13/98 Updated: 3/13/98