NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. SENATE BILL 13-092 BY SENATOR(S) Steadman, Hodge, Lambert; also REPRESENTATIVE(S) Levy, Duran, Gerou, Kagan, Labuda, Pettersen, Rosenthal, Ryden, Salazar, Williams. 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, 2012. In Session Laws of Colorado 2012, section 2 of chapter 305, (HB 12-1335), amend Part VIII as follows: Section 2. Appropriation. PART VIII JUDICIAL DEPARTMENT (1) SUPREME COURT/COURT OF APPEALS Appellate Court Programs33 11,559,237 10,226,847 1,332,390 a (122.5 FTE) (17.5 FTE) Attorney Regulation 7,000,000 7,000,000 (I)b (56.0 FTE) Continuing Legal Education 410,000 410,000 (I)c (4.0 FTE) State Board of Law Examiners 1,050,000 1,050,000 (I)d (7.0 FTE) Law Library 500,000 500,000 (I)e 705,992 205,992 f (1.5 FTE) (2.5 FTE) (1.0 FTE) 20,519,237 20,725,229 a Of this amount, $1,264,390 shall be from the Judicial Stabilization Cash Fund created in Section 13-32-101 (6), C.R.S., and $68,000 shall be from various fees and cost recoveries. b This amount shall be from annual attorney registration fees established by the Colorado Supreme Court pursuant to the Colorado Rules of Civil Procedure, Chapter 18, Rule 227 for the Attorney Regulation Committee, the Attorney Regulation Counsel, and the Presiding Disciplinary Judge established by the Colorado Rules of Civil Procedure, Chapter 20, Rules 251.2, 251.3, and 251.16. 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 annual attorney registration fees established by the Colorado Supreme Court pursuant to the Colorado Rules of Civil Procedure, Chapter 18, Rule 227 for the Board of Continuing Legal and Judicial Education established by the Colorado Rules of Civil Procedure, Chapter 20, Rule 260.3. These moneys are included for informational purposes as they are continuously appropriated under the Judicial Department's constitutional authority. d This amount shall be from law examination application fees established by the Colorado Supreme Court pursuant to the Colorado Rules of Civil Procedure, Chapter 18, Rules 201.2 and 201.4. These moneys are included for informational purposes as they are continuously appropriated under the Judicial Department's constitutional authority. e 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. f This amount shall be from moneys transferred from the Department of Law and the Legislative Department. (2) COURTS ADMINISTRATION (A) Administration and Technology General Courts Administration 16,079,848 11,438,402 2,518,836 a 2,122,610 b 17,454,187 3,893,175 a (166.4 FTE) (27.0 FTE) (2.0 FTE) Information Technology Infrastructure 5,952,101 403,094 5,549,007 c Statewide Indirect Cost Assessment 110,175 110,175 d Departmental Indirect Cost Assessment 1,870,435 1,870,435 d 24,012,559 25,386,898 a Of this amount, an estimated $2,375,206 $3,749,545 shall be from the Judicial Department Information Technology Cash Fund created in Section 13-32-114 (1), C.R.S., and an estimated $143,630 shall be from various sources of cash funds. b Of this amount, an estimated $2,012,435 $1,870,435 shall be from departmental indirect cost recoveries and recoveries, an estimated $142,000 shall be from indirect cost recoveries from federal grants to cover both departmental and statewide indirect costs, and an estimated $110,175 shall be from statewide indirect cost recoveries collected by the Judicial Department. c This amount shall be from the Judicial Department Information Technology Cash Fund created in Section 13-32-114 (1), C.R.S. d These amounts shall be from various fees and cost recoveries. (B) Central Appropriations Health, Life, and Dental 23,232,188 21,290,385 1,941,803 a Short-term Disability 349,969 288,404 61,565 a S.B. 04-257 Amortization Equalization Disbursement 5,588,172 4,454,618 1,133,554 a S.B. 06-235 Supplemental Amortization Equalization Disbursement 4,628,957 3,680,446 948,511 a Salary Survey 1,352,600 309,680 1,042,920 b Workers' Compensation 1,712,924 1,712,924 Legal Services for 2,204 hours 170,259 170,259 Purchase of Services from Computer Center 753,476 753,476 Multiuse Network Payments 575,849 575,849 Payment to Risk Management and Property Funds 239,318 239,318 347,144 347,144 Vehicle Lease Payments 72,221 72,221 Leased Space 1,323,343 1,151,863 171,480 c Communication Services Payments 24,725 24,725 COFRS Modernization 1,056,857 1,056,857 Lease Purchase 119,878 119,878 41,200,736 41,308,562 a These amounts shall be from various sources of cash funds including: the Judicial Stabilization Cash Fund created in Section 13-32-101 (6), C.R.S., 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 Drug Offender Surcharge Fund created in Section 18-19-103 (4) (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. b This amount shall be from the Judicial Stabilization Cash Fund created in Section 13-32-101 (6), C.R.S. c This amount shall be from employee parking fees. (C) Centrally Administered Programs Victim Assistance 16,375,000 16,375,000 (I)a Victim Compensation 12,175,000 12,175,000 (I)b Collections Investigators 5,157,739 4,260,198 c 897,541 d (83.2 FTE) Problem-solving Courts 2,335,970 2,335,970 e (32.7 FTE) Language Interpreters 3,662,739 3,376,239 286,500 f (25.0 FTE) Courthouse Security 3,864,989 3,864,989 g (1.0 FTE) Courthouse Capital/ Infrastructure Maintenance 1,654,386 1,654,386 e Senior Judge Program 1,500,000 1,500,000 e Judicial Education and Training 1,069,536 1,069,536 e (2.0 FTE) Office of Judicial Performance Evaluation 890,955 890,955 h (2.0 FTE) Family Violence Justice Grants 628,430 458,430 170,000 i Family-friendly Court Program 375,000 375,000 j (0.5 FTE) Child Support Enforcement 90,900 30,904 59,996 k (1.0 FTE) 49,780,644 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 attorneys 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 attorneys are authorized to spend these moneys without an appropriation. c Of this amount, an estimated $3,360,198 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. e These amounts shall be from the Judicial Stabilization Cash Fund created in Section 13-32-101 (6), C.R.S. f Of this amount, $236,500 shall be from the Judicial Stabilization Cash Fund created in Section 13-32-101 (6), C.R.S., and $50,000 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 State Commission on Judicial Performance Cash Fund created in Section 13-5.5-107 (1), C.R.S. i This amount shall be from the Family Violence Justice Fund created in Section 14-4-107 (1), C.R.S. j This amount shall be from the Family-friendly Court Program Cash Fund created in Section 13-3-113 (6) (a), C.R.S. k This amount shall be transferred from the Department of Human Services, Office of Self Sufficiency, Child Support Enforcement line item. (D) Ralph L. Carr Colorado Judicial Center Personal Services 994,549 994,549 a 1,013,532 1,013,532 a (2.0 FTE) Operating Expenses 2,147,060 2,147,060 a Controlled Maintenance 1,000,000 1,000,000 a 4,141,609 4,160,592 a These amounts shall be from the Justice Center Cash Fund created in Section 13-32-101 (7) (a), C.R.S. 119,135,548 120,636,696 (3) TRIAL COURTS Trial Court Programs33 123,249,518 92,758,394 29,391,124 a 1,100,000 b (1,435.8 FTE) (358.3 FTE) Court Costs, Jury Costs, and Court-appointed Counsel 15,594,352 15,109,352 485,000 c 15,985,692 15,500,692 District Attorney Mandated Costs Costs33b 2,264,449 2,124,449 140,000 c 2,529,549 2,389,549 Federal Funds and Other Grants 2,900,000 975,000 c 300,000 d 1,625,000 (I) (3.0 FTE) (6.0 FTE) (5.0 FTE) 144,008,319 144,664,759 a Of this amount, an estimated $26,716,124 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, 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. b This amount shall be transferred from the Department of Human Services, Office of Self Sufficiency, Child Support Enforcement line item. 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 SERVICES1 Probation Programs 75,634,088 65,082,409 10,551,679 a (995.5 FTE) (153.9 FTE) Offender Treatment and Services33a 19,722,533 667,197 10,619,290 b 8,436,046 c S.B. 03-318 Community Treatment Funding 2,200,000 2,200,000 H.B. 10-1352 Appropriation to Drug Offender Surcharge Fund 7,656,200 7,656,200 S.B. 91-94 Juvenile Services 2,496,837 2,496,837 d (25.0 FTE) Victims Grants 650,000 650,000 e (6.0 FTE) Federal Funds and Other Grants 5,600,000 1,950,000 f 850,000 g 2,800,000 (I) (2.0 FTE) (18.0 FTE) (13.0 FTE) 113,959,658 a Of this amount, an estimated $4,915,426 shall be from the Offender Services Fund created in Section 16-11-214 (1) (a), C.R.S., an estimated $4,795,414 shall be from the Alcohol and Drug Driving Safety Program Fund created in Section 42-4-1301.3 (4) (a), C.R.S., an estimated $702,114 shall be from the Drug Offender Surcharge Fund created in Section 18-19-103 (4) (a), C.R.S., an estimated $80,000 shall be from various fees and cost recoveries, and an estimated $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, an estimated $9,097,255 shall be from the Offender Services Fund created in Section 16-11-214 (1) (a), C.R.S., an estimated $1,010,006 shall be from the Drug Offender Surcharge Fund created in Section 18-19-103 (4) (a), C.R.S., an estimated $302,029 shall be from the Sex Offender Surcharge Fund created in Section 18-21-103 (3), C.R.S., and an estimated $210,000 shall be from various fees and cost recoveries. c Of this amount, $7,656,200 shall be from General Fund moneys credited to the Drug Offender Surcharge Fund pursuant to Section 18-19-103 (3.5), C.R.S., and $779,846 shall be transferred from the Department of Human Services, Mental Health and Alcohol and Drug Abuse Services, Alcohol and Drug Abuse Division, Persistent Drunk Driver Programs line item. d This amount shall be transferred from the Department of Human Services, Division of Youth Corrections, Community Programs, S.B. 91-94 Programs line item. e Of this amount, an estimated $425,000 shall be transferred from Courts Administration, Centrally Administered Programs, Victim Assistance line item from local Victims and Witnesses Assistance and Law Enforcement (VALE) Board grants pursuant to Section 24-4.2-105 (2.5) (a) (II), C.R.S., and an estimated $225,000 shall be transferred from the Department of Public Safety, Division of Criminal Justice, State Victims Assistance and Law Enforcement Program line item pursuant to Section 24-33.5-506 (1) (b), C.R.S. f This amount shall be from various fees, cost recoveries, and grants. g 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 DEFENDER34 Personal Services33 43,519,793 43,519,793 (652.8 FTE) Health, Life, and Dental 4,323,337 4,323,337 Short-term Disability 68,710 68,710 S.B. 04-257 Amortization Equalization Disbursement 1,239,073 1,239,073 S.B. 06-235 Supplemental Amortization Equalization Disbursement 1,059,806 1,059,806 Operating Expenses 1,331,367 1,301,367 30,000 a 1,506,808 1,476,808 Vehicle Lease Payments 165,706 165,706 Capital Outlay 51,733 51,733 Leased Space/Utilities 6,122,344 6,122,344 Automation Plan 894,768 894,768 905,707 905,707 Attorney Registration 100,935 100,935 Contract Services 18,000 18,000 49,395 49,395 Mandated Costs 3,884,183 3,884,183 4,226,488 4,226,488 Grants 218,260 218,260 b (3.6 FTE) 62,998,015 63,558,095 a This amount shall be from training fees. b This amount shall be from funding provided by local governments for professional services provided by the Office of the State Public Defender. (6) OFFICE OF THE ALTERNATE DEFENSE COUNSEL35 Personal Services33 706,089 706,089 (7.5 FTE) Health, Life, and Dental 92,641 92,641 Short-term Disability 1,089 1,089 S.B. 04-257 Amortization Equalization Disbursement 19,488 19,488 S.B. 06-235 Supplemental Amortization Equalization Disbursement 16,667 16,667 Operating Expenses 67,030 67,030 Leased Space 35,880 35,880 Training and Conferences 40,000 20,000 20,000 a Conflict of Interest Contracts 20,001,448 20,001,448 Mandated Costs 1,580,114 1,580,114 22,560,446 a This amount shall be from training fees. (7) OFFICE OF THE CHILD'S REPRESENTATIVE36 Personal Services33 1,902,541 1,902,541 (26.9 FTE) Health, Life, and Dental 192,401 192,401 Short-term Disability 2,986 2,986 S.B. 04-257 Amortization Equalization Disbursement 52,428 52,428 S.B. 06-235 Supplemental Amortization Equalization Disbursement 44,840 44,840 Operating Expenses 159,929 159,929 Leased Space 162,090 162,090 CASA Contracts 520,000 520,000 Training 38,000 38,000 Court Appointed Counsel37 16,021,900 16,021,900 Mandated Costs 26,228 26,228 19,123,343 (8) INDEPENDENT ETHICS COMMISSION38 Personal Services 129,827 129,827 (1.0 FTE) Health, Life, and Dental 5,254 5,254 Short-term Disability 142 142 S.B. 04-257 Amortization Equalization Disbursement 2,376 2,376 S.B. 06-235 Supplemental Amortization Equalization Disbursement 2,032 2,032 Operating Expenses 15,807 15,807 Legal Services for 900 hours 69,525 69,525 224,963 TOTALS PART VIII (JUDICIAL) $502,529,529 $352,071,327 $129,120,172 a $16,913,030 $4,425,000 b $505,453,189 $353,395,673 $130,513,494 a $17,119,022 a Of this amount, $37,510,000 contains an (I) notation. b This amount contains an (I) notation. FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2. 1 Department of Corrections, Management, Executive Director's Office Subprogram; Department of Human Services, Mental Health and Alcohol and Drug Abuse Services, Alcohol and Drug Abuse Division; and Division of Youth Corrections; Judicial Department, Probation and Related Services; and Department of Public Safety, Division of Criminal Justice; and Colorado Bureau of Investigation -- State agencies involved in multi-agency programs requiring separate appropriations to each agency are requested to designate one lead agency to be responsible for submitting a comprehensive annual budget request for such programs to the Joint Budget Committee, including prior year, request year, and three year forecasts for revenues into the fund and expenditures from the fund by agency. The requests should be sustainable for the length of the forecast based on anticipated revenues. Each agency is still requested to submit its portion of such request with its own budget document. This applies to requests for appropriation from the Drug Offender Surcharge Fund, the Offender Identification Fund, the Sex Offender Surcharge Fund, the Persistent Drunk Driver Cash Fund, and the Alcohol and Drug Driving Safety Program Fund, among other programs. 33 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 -- In accordance with Section 13-30-104 (3), C.R.S., funding is provided for judicial compensation, as follows: FY 2012-13 Salary Chief Justice, Supreme Court $142,708 Associate Justice, Supreme Court 139,660 Chief Judge, Court of Appeals 137,201 Associate Judge, Court of Appeals 134,128 District Court Judge, Denver Juvenile Court Judge, and Denver Probate Court Judge 128,598 County Court Judge 123,067 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 and the Executive Director of the Office of the Child's Representative at the level of a district court judge. 33a Judicial Department, Probation and Related Services, Offender Treatment and Services -- It is the intent of the General Assembly that $367,197 of the amount appropriated for Offender Treatment and Services be used to provide treatment and services for offenders participating in veterans trauma courts. 33b Judicial Department, Trial Courts, District Attorney Mandated Costs -- It is the intent of the General Assembly that $265,100 of the amount appropriated for District Attorney Mandated Costs be used only to reimburse mandated costs associated with two cases: The People of the State of Colorado v. James Holmes (12CR1522); and The People v. Austin Reed Sigg (2012CR2899). Should reimbursable mandated costs incurred in FY 2012-13 for these two cases total less than $265,100, it is the intent of the General Assembly that the unexpended funds revert to the General Fund. 34 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. 35 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. 36 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. 37 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. 38 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. 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. ____________________________ ____________________________ John P. Morse Mark Ferrandino PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Cindi L. Markwell Marilyn Eddins SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO