1999


SENATE BILL 99­181

BY SENATORS Lacy, Owen, and Tanner;

also REPRESENTATIVES Tool, Berry, and Saliman.

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 336, Session Laws of Colorado 1998, is amended to read:

Section 2. Appropriation.


PART VIII

JUDICIAL DEPARTMENT















(1) SUPREME COURT














Personal Services

2,172,023



2,172,023














(39.0 FTE)










Operating Expenses

80,777



30,777




50,000

a





Grievance Committee

2,790,000







2,240,000

b

550,000

c




(31.5 FTE)













Continuing Legal Education

280,000







275,000

b

5,000

d




(4.0 FTE)













Law Examiner Board

620,000







435,000

e

185,000

f




(8.2 FTE)













Law Library

498,000



73,000




375,000

g

50,000

h




(2.0 FTE)















6,440,800


























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 credited to the Supreme Court Library Fund pursuant to Section 13­2­120, C.R.S. 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 Supreme Court Library Fund created in Section 13­2­120, C.R.S.















(2) COURT OF APPEALS













Personal Services

4,571,654



4,571,654














(79.0 FTE)










Operating Expenses

79,121



71,121




8,000

a







4,650,775


























a This amount shall be from copier machine and postage receipts.















(3) COURTS ADMINISTRATION













(A) Administration














Personal Services

2,265,473



2,265,473














(40.5 FTE)










Operating Expenses

211,985



211,985










County Courthouse Furnishings102

898,654



898,654











3,376,112



























(B) Administrative Special Purpose












Health, Life, and Dental

5,024,180



4,711,365




144,359

a

168,456

(T)b



Short­term Disability

173,981



164,497




4,318

a

5,166

(T)b











9,484

a





Salary Survey and Anniversary Increases

4,540,511



4,215,223




134,812

a

190,476

(T)b











320,122

a

5,166

(T)b



Workers' Compensation

1,125,900



1,108,298




5,346

a

12,256

(T)b











17,602

a





Legal Services for 2,812 hours

138,097



138,097










Payment to Risk Management and Property Funds

286,620



281,217




691

a

4,712

(T)b




270,300



265,205




5,095

a





Leased Space

207,187



207,187











213,487



213,487










Lease Purchase

94,561



94,561










Administrative Purposes

137,446



112,446




25,000

c





Judicial Conference

91,716



91,716










Retired Judges

82,176



82,176










Appellate Reports Publication

74,600



74,600










Office of Dispute Resolution

938,022



9,574




616,448

d

272,000

e

40,000



903,000







590,000

d

228,000

e

85,000



(4.5 FTE)













Alimony and Support

100,000







100,000

f





Judicial Performance

71,073



71,073










Child Support Enforcement

70,000



23,800






46,200

(T)g




81,000



27,540






53,460

(T)g




(1.0 FTE)













Training

190,955



190,955










Collections Investigators103

2,275,020







2,275,020

h













(54.3 FTE)






Grants

142,186









142,186

(T)i













(1.5 FTE)





15,764,231














15,730,189



























a These amounts shall be from the Fines Collection Cash Fund pursuant to Section 18­1­105 (1)(a)(III)(D), C.R.S., from the Drug Offender Surcharge Fund pursuant to Section 18­19­103, C.R.S., and from the Dispute Resolution Fund created in Section 13­22­310, 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 royalties from the sale of pattern jury instructions.

d This amount shall be from the Dispute Resolution Fund created in Section 13­22­310, C.R.S.

e Of this amount, $197,000 $90,000 shall be from federal funds appropriated in the Department of Human Services, $50,000 $33,000 shall be from federal funds appropriated in the Office of the Governor, and $25,000 $105,000 shall be from reserves in the Dispute Resolution Fund created in Section 13­22­310, C.R.S.

f This amount shall be from fees in the Support Registry Fund available pursuant to Section 13­32­101 (1)(a.5)(I), C.R.S.

g This amount shall be from federal funds appropriated in the Department of Human Services.

h Of this amount, $950,000 shall be from the Collection Enhancement Fund pursuant to Section 16­11­101 (2), C.R.S., $803,787 shall be from the Fines Collection Cash Fund pursuant to Section 18­1­105 (1)(a)(III)(D), C.R.S., and $521,233 shall be from local Victims and Witnesses Assistance and Law Enforcement (VALE) Boards.

i This amount shall be from federal funds from the Department of Public Safety, Division of Criminal Justice.















(C) Judicial/Heritage Complex58













Personal Services

418,481



418,481














(4.0 FTE)










Operating Expenses

58,680



58,680










Parking Lot Maintenance

2,500







2,500

a






479,661



























a This amount shall be from parking receipts.















(D) Integrated Information Services104












Personal Services

2,555,864



2,555,864














(42.8 FTE)










Operating Expenses

228,202



183,202




45,000

a






226,902



176,902




50,000

a





Purchase of Services from Computer Center

421,649



421,649










ADP Capital Outlay

36,000



36,000










Telecommunications Expense

350,000



350,000










Hardware/Software Maintenance

1,075,000



1,075,000














1,065,000




10,000

a





Hardware Replacement

1,285,662



1,285,662










Computer Integrated Courtroom

30,000



30,000











5,982,377














5,981,077



























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

















25,602,381














25,567,039


























(4) TRIAL COURTS














Personal Services

64,616,830



64,616,830














(1,410.7 FTE)










Operating Expenses

4,341,297



2,760,711




1,580,586

a






4,477,447







1,716,736

a





Capital Outlay

306,110



306,110










Purchase of Microfilm Services

95,536



85,536




10,000

b





Mandated Costs

17,871,187



17,871,187











19,404,199



19,404,199










Involuntary Commitments

8,344









8,344

(T)c



Sex Offender Surcharge Fund Program

9,666



9,666










Victim Compensation

12,614,594







12,614,594

d






8,100,000







8,100,000

d





Victim Assistance

12,330,319







12,330,319

e






10,000,000







10,000,000

e





Family Preservation Matching Funds

216,882



48,814








168,068


Dependency and Neglect Pilot Projects105

711,637









711,637

(T)f




201,637









201,637

(T)f



Animal Cruelty Prevention

24,882







24,882

g





Federal Funds and Other Grants

1,125,004







185,000

h

513,388

(T)i

426,616

j









(4.0 FTE)


(6.0 FTE)


(6.0 FTE)




114,272,288














108,586,537


























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

b This amount shall be from the sale of CD­ROMs.

c This amount shall be from federal funds appropriated in the Department of Human Services, Alcohol and Drug Abuse Division, pursuant to Section 25­1­1112 (1), C.R.S.

d 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.

e 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.

f This amount shall be from Family Issues Cash Fund reserves pursuant to Section 26­5.3­106, C.R.S.

g This amount shall be from the Animal Cruelty Prevention Fund created in Section 18­9­201.7, C.R.S.

h Of this amount, $150,000 and 4.0 FTE shall be from fees collected pursuant to Section 16­11­701 (6), C.R.S., from persons required to perform community or useful public service, and $35,000 shall be a grant from Jefferson County.

i This amount shall be from federal funds appropriated in the Department of Public Safety, Division of Criminal Justice. Of this amount, $500,000 is a grant for the Denver Drug Court, and $13,388 is a grant to reduce the length of stay in detention for minority youth.

j Of this amount, $400,000 is for the Denver Drug Court, and $26,616 is for the development of statistical performance indicators for guardians ad litem in dependency and neglect cases.















(5) PROBATION AND RELATED SERVICES6, 106, 107, 108












Personal Services

29,286,230



29,286,230














(621.8 FTE)










Female Offender Program

250,425



250,425














(6.0 FTE)










Operating Expenses

1,230,768



1,230,768










Capital Outlay

129,000



129,000










Offender Services

1,017,000







867,000

a

150,000

(T)b




948,000







798,000

a















(3.0 FTE)




Electronic Monitoring/ Drug Testing

599,296



599,296










Juvenile Residential and Aftercare Services

502,848



502,848










Alcohol/Drug Driving Safety Contract

2,940,547









2,940,547

(T)c













(70.2 FTE)




Drug Offender Assessment

1,098,489







630,198

d

468,291

e




960,011









329,813

e











(11.5 FTE)


(3.0 FTE)














(1.0 FTE)




Victims Grants

1,131,666







621,940

f

176,190

(T)g

333,536










(16.0 FTE)


(4.3 FTE)


(11.0 FTE)


S.B. 91­94

1,380,475









1,380,475

(T)h




1,364,068









1,364,068

(T)h













(24.3 FTE)




Sex Offender Assessment

209,000







182,364

i

26,636

j



Genetic Testing

11,282









11,282

k











11,282

a





Federal Funds and Other Grants

2,219,000







115,000

l

1,379,000

(T)m

725,000










(3.0 FTE)


(12.8 FTE)


(6.6 FTE)




42,006,026














41,782,141


























a This amount These amounts shall be from the Offender Services Fund pursuant to Section 16­11­214(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 42­4­1301 (10), C.R.S.

d This amount shall be from the Drug Offender Surcharge Fund pursuant to Section 18­19­103, C.R.S.

e This amount shall be from reserves in the Drug Offender Surcharge Fund created in Section 18­19­103 (4), C.R.S.

f This amount shall be from grants from local Victims and Witnesses Assistance and Law Enforcement (VALE) Boards pursuant to Section 24­4.2­105 (2.5)(a)(II), C.R.S.

g This amount shall be from state Victims Assistance and Law Enforcement grant funds appropriated in the Department of Public Safety, Division of Criminal Justice.

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

i This amount shall be from the Sex Offender Surcharge Fund created in Section 18­21­103 (3), C.R.S.

j This amount shall be from reserves in the Sex Offender Surcharge Fund created in Section 18­21­103 (3), C.R.S.

k This amount shall be from reserves in the Offender Services Fund created in Section 16­11­214 (1), C.R.S.

l Of this amount, $65,000 shall be from the City and County of Denver, and $50,000 shall be from fees collected pursuant to Section 16­11­701 (6), C.R.S., from persons required to perform community or useful public service.

m Of this amount, $1,289,000 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 to customize existing case management software for juvenile assessment and treatment programs, and $45,000 shall from federal funds appropriated in the Colorado Department of Education for an adult literacy program.















(6) PUBLIC DEFENDER109, 110













Personal Services

18,277,952



18,277,952














(310.5 FTE)










Health, Life, and Dental

623,136



623,136










Short­term Disability

32,611



32,611










Salary Survey and Anniversary Increases

1,101,161



1,101,161










Operating Expenses

1,080,365



1,067,615




12,750

a






1,094,765



1,082,015










Capital Outlay

10,934



10,934










Purchase of Services from Computer Center

3,000



3,000










Vehicle Lease Payments

62,707



62,707










Leased Space/Utilities

1,050,235



1,050,235










Automation Plan

456,225



456,225










Contract Services

20,000



20,000










Appellate Court Deadline Reduction112

171,000



171,000












22,889,326














22,903,726


























a This amount shall be from training fees.















(7) ALTERNATE DEFENSE COUNSEL113, 114












Personal Services

274,788



274,788














(3.0 FTE)










Health, Life, and Dental

7,831



7,831










Short­term Disability

510



510










Salary Survey and Anniversary Increases

5,694



5,694










Operating Expenses

25,532



22,532




3,000

a





Purchase of Services from Computer Center

500



500










ADP Capital Outlay

4,300



4,300










Leased Space

16,200



16,200










Conflict of Interest Contracts

6,458,275



6,458,275











7,673,455



7,673,455












6,793,630














8,008,810


























a This amount shall be from training fees.















TOTALS PART VIII














(JUDICIAL)4, 5, 115


$222,655,226


$175,650,637




$35,914,127


$9,397,242

a

$1,693,220




$217,939,828


$178,381,383




$29,343,334


$8,476,891

a

$1,738,220
















a Of this amount, $7,829,033 $7,102,442 contains a (T) notation.

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

4 (Governor lined through this provision. See L. 98, p. 2193.)

5 All 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. Each principal department of the state shall produce its rules and regulations in an electronic format that is suitable for public access through electronic means. Such rules and regulations in such format shall be submitted to the Office of Legislative Legal Services for publishing on the Internet. It is the intent of the General Assembly that this be done within existing resources.

6 Department 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 multi­agency 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.

58 Department 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 which are associated with the Colorado History Museum building should include an appropriate level of cash funds, federal funds, or both from sources available to the Colorado Historical Society.

102 Judicial 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, on or before each November 1, a long­range plan that outlines on a priority basis the county courthouse furnishings needs of each court, by county, for the next five years.

103 Judicial Department, Courts Administration, Administrative Special Purpose, Collections Investigators ­­ Increased funding for this line item was provided in the 1997 Long Bill with the expectation that the Judicial Department will generate additional cost recoveries in FY 1997­98 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 or other funds. The Judicial Department is requested to provide an update on collections performance each year in connection with its annual budget request.

104 Judicial Department, Courts Administration, Integrated Information Services ­­ Given the state=s substantial investment in information technology for the Judicial Department in recent years, which was based in part on representations that such investment would produce savings in the funding required by the Department to carry out its core functions, the General Assembly expects that the Department will place a high priority on applying its information technology resources to improving the efficiency of existing core functions and achieving cost savings, and a lower priority on expanding functions or capabilities.

105 Judicial Department, Trial Courts, Dependency and Neglect Pilot Projects ­­ This appropriation is for magistrates and support staff for a maximum of two fiscal years in each judicial district designated as an expedited permanency planning district pursuant to Section 19­1­123, C.R.S. If funding for any judicial district is necessary for longer than two fiscal years, it is the intent of the General Assembly that the Judicial Department request such funding as permanent caseload staffing pursuant to a decision item submitted as part of the Department=s annual budget request.

106 Judicial Department, Probation and Related Services ­­ The Judicial Department is requested to provide by November 1 of each year a report on pre­ and post­release 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. The department is requested to include information about the disposition of post­release recidivists, including how many are incarcerated and how many return to probation as the result of violations.

107 Judicial Department, Probation and Related Services ­­ The Judicial Department is requested to submit its FY 1999­2000 budget request for the Probation Division in a format that 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.

108 Judicial Department, Probation and Related Services ­­ Funding for 30.0 additional probation officers is provided for FY 1998­99 based on the Judicial Department' proposed three­year plan. Funding for future years is contingent upon the Department meeting its stated targets for increased successful terminations, upon an annual review of caseload, and upon available funding. The Department is requested to provide to the Joint Budget Committee updated information on adult and juvenile successful termination rates as part of its November 1 budget request for FY 1999­2000 and again on the following February 1.

109 Judicial Department, Public Defender ­­ In addition to the transfer authority provided in Section 24­75­110, 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.

110 Judicial Department, Public Defender ­­ The Public Defender is requested to provide a report to the General Assembly on the number of hours, dollars, and 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.

112 Judicial Department, Public Defender, Appellate Court Deadline Reduction ­­ This appropriation is intended as a one­time appropriation to allow the Public Defender to meet the temporary impact of a reduction by the Court of Appeals in time frames for filing briefs. These funds may be used to contract with private attorneys to handle approximately 40 to 50 appellate cases in FY 1998­99. After FY 1998­99, any additional resources needed by the Public Defender because of workload should be included as a decision item in the regular budget request.

113 Judicial Department, Alternate Defense Counsel ­­ In addition to the transfer authority provided in Section 24­75­110, 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.

114 Judicial Department, Alternate Defense Counsel ­­ The Alternate Defense Counsel is requested to provide a report to the General Assembly on the number of hours, dollars, and contract 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 Alternate Defense Counsel=s annual budget request.

115 Judicial 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. 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, 1997, the sum of one hundred eighty­six thousand eight hundred ninety­three dollars ($186,893), or so much thereof as may be necessary, for the payment of overexpenditures of the Mandated Costs line item appropriation contained in Part VIII (4) of section 2 of chapter 310, Session Laws of Colorado 1997, as amended. In accordance with section 24­75­109 (4), Colorado Revised Statutes, all restrictions on funds for Mandated Costs, Trial Courts, Judicial Department, for the 1998­99 fiscal year, attributable to the payment of overexpenditures for the 1997­1998 fiscal year, shall be released.

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.



____________________________ ____________________________

Ray Powers Russell George

PRESIDENT OF SPEAKER OF THE HOUSE

THE SENATE OF REPRESENTATIVES





____________________________ ____________________________

Patricia K. Dicks Judith M. Rodrigue

SECRETARY OF CHIEF CLERK OF THE HOUSE

THE SENATE OF REPRESENTATIVES



APPROVED________________________________________




_________________________________________

Bill Owens

GOVERNOR OF THE STATE OF COLORADO