2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 4.2 - Assistance to Victims of and Witnesses to Crimes and Aid to Law Enforcement Act (§§ 24-4.2-101 — 24-4.2-111) › Section 24-4.2-103 - Victims and witnesses assistance and law enforcement fund - control of fund

(1)
The victims and witnesses assistance and law enforcement fund is hereby established in the office of the court administrator of each judicial district and is referred to in this article as the "fund". The fund shall consist of all moneys paid as a surcharge as provided in section
24-4.2-104
.
(1.3)
The victims and witnesses assistance and law enforcement fund for the twenty-third judicial district is established in the office of the court administrator for Douglas, Elbert, and Lincoln counties. The judicial department shall coordinate with the board of the eighteenth judicial district to credit money related to Douglas, Elbert, and Lincoln counties on and after April 1, 2024, to the fund for use by the twenty-third judicial district from surcharges collected on or after April 1, 2024, in Douglas, Elbert, and Lincoln counties. Money for use by the twenty-third judicial district victims and witnesses assistance and law enforcement board must be forwarded to the court administrator and deposited into the fund. The fund consists of all money collected as a surcharge on and after April 1, 2024, as provided in section 24-4.2-104; money paid pursuant to section 17-27-104 (4)(b)(IV); money transferred from the marijuana tax fund pursuant to section 39-28.8-501 (4.9)(c); and any other money the general assembly may appropriate or transfer to the fund. The state court administrator for the twenty-third judicial district shall comply with the provisions of this section.
(1.5)
In addition to the money paid into the fund pursuant to subsection (1) of this section, the fund consists of money paid pursuant to section
17-27-104 (4)(b)(IV)
, money transferred from the marijuana tax cash fund pursuant to section
39-28.8-501
(4.9)(c), and any other money that the general assembly may appropriate or transfer to the fund.
(1.7)
(a)
In addition to the money paid into the fund pursuant to subsections (1) and (1.5) of this section, the fund consists of money appropriated by the general assembly from the economic recovery and relief cash fund, created in section
24-75-228
, as enacted by Senate Bill 21-291, enacted in 2021, to the office of the court administrator for distribution to the district attorney's office of each judicial district to be used for victims and witness assistance and law enforcement programs and purposes described in sections
24-4.2-103
and
24-4.2-105
.
(b)
Money appropriated pursuant to this subsection (1.7) from the economic recovery and relief cash fund, created in section
24-75-228
, as enacted by Senate Bill 21-291, enacted in 2021, must only fund programs and purposes that also conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended. The office of the state court administrator shall, in consultation with the division of criminal justice and the victims and witness assistance and law enforcement program administrators in each judicial district, distribute the money appropriated pursuant to this subsection (1.7) based on need.
(c)
Notwithstanding the provisions of subsection (4) of this section, the district attorney's office of each judicial district may use up to ten percent of any money appropriated pursuant to this subsection (1.7) for development and administrative costs incurred by the district attorney's office pursuant to this section in the provision of programs and services allowed pursuant to the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended.
(d)
The requirements set forth in section
24-4.2-105 (1)
do not apply to this subsection (1.7).
(1.8)
(a)
Within three days after May 19, 2022, the state treasurer shall transfer three million dollars to the fund from the economic recovery and relief cash fund created in section
24-75-228
for distribution to district attorneys' offices for victims and witnesses programs and purposes described in sections
24-4.2-103
and
24-4.2-105
. The office of the state court administrator shall, in consultation with the division of criminal justice and the victims and witness assistance and law enforcement program administrators in each judicial district, distribute the money transferred pursuant to this subsection (1.8) based on need.
(b)
The judicial department and each recipient of money from the fund shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section
24-75-226 (5)
.
(c)
Notwithstanding the provisions of subsection (4) of this section, a district attorney's office may use up to ten percent of any money distributed pursuant to this subsection (1.8) for development and administrative costs incurred by the district attorney's office pursuant to this section.
(d)
The requirements set forth in section
24-4.2-105 (1)
do not apply to this subsection (1.8).
(2)
All money deposited in the fund shall be deposited in an interest-bearing account, which would be a legal investment for the state treasurer. All interest and income derived from the deposit and investment of money in the fund shall be credited to the fund, except as otherwise provided in section
24-75-226 (4)(c)(II)
.
(3)
At the conclusion of each fiscal year, all moneys remaining in the fund shall remain in the fund for allocation as originally designated under section
24-4.2-105
.
(4)
All moneys deposited in the fund shall be used solely for the purposes designated in section
24-4.2-105
; except that the district attorney may use up to an aggregate of ten percent of the total amount of moneys in the fund for administrative costs incurred pursuant to this article and for preparation of victim impact statements required pursuant to section
16-11-102 (1)
, C.R.S. The board shall determine the manner of reimbursement for preparation of victim impact statements and the method of establishing actual costs for such preparation.
(5)
The priority use for moneys in the fund created in this section shall be for the implementation of the rights afforded to crime victims pursuant to section
24-4.1-302.5
and the provision of the services and programs delineated in sections
24-4.1-303
,
24-4.1-304
, and
24-4.2-105 (4)
related to all crimes as defined by section
24-4.1-302 (1)
.
(6)
Repealed.
Amended by 2024 Ch. 43,§ 7, eff. 4/4/2024.
Amended by 2022 Ch. 194, § 13, eff. 5/19/2022.
Amended by 2022 Ch. 137, § 5, eff. 4/25/2022.
Amended by 2021 Ch. 461, § 34, eff. 7/6/2021.
Amended by 2021 Ch. 291, § 5, eff. 6/22/2021.
Amended by 2015 Ch. 259, § 63, eff. 8/5/2015.
L. 84: Entire article added, p. 662, § 22, effective July 1. L. 85: (1) amended, p. 795, § 1, effective July 1. L. 92: (5) added, p. 427, § 6, effective 1/14/1993. L. 95: (5) amended, p. 1406, § 7, effective July 1. L. 96: (1.5) added, p. 133, § 2, effective July 1. L. 2003: (6) added, p. 1542, § 1, effective May 1. L. 2015: (6) repealed, (SB 15-264), ch. 958, p. 958, § 63, effective August 5.
(1) For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021. (2) For the legislative declaration in SB 21-292, see section 1 of chapter 291, Session Laws of Colorado 2021.