2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 7.5 - Domestic Abuse Programs (§§ 26-7.5-101 — 26-7.5-106) › Section 26-7.5-105 - Funding of domestic violence, sexual assault, or culturally specific programs - funding coalitions - state domestic violence and sexual assault services fund - appropriation - repeal

(1)
(a)
The state department shall, subject to available appropriations, reimburse a nongovernmental agency or federally recognized Indian tribe operating a domestic violence, sexual assault, or culturally specific program or a state or tribal domestic violence or sexual assault coalition pursuant to this article 7.5. Not less than seventy-five percent of all contract funding under this article 7.5 must be allocated to nongovernmental agencies.
(b)
Money generated from fees collected pursuant to part 1 of article
2
of title
14
and article
15
of title
14
or transferred pursuant to section
13-32-101 (5)(a)(X) or (5)(b)(II)
must be used to reimburse domestic violence, sexual assault, or culturally specific programs that provide services as provided in section
26-7.5-103
to persons or their families, which persons are married, separated, or divorced or parties to a civil union or an invalidated, legally separated, or dissolved civil union.
(2)
Staffing and administrative expenses of the state department of human services and other agencies for carrying out the provisions of this article shall be appropriated annually from available funds generated by the contribution cash funds.
(3)
(a)
The Colorado domestic abuse program fund established pursuant to section
39-22-802
may be funded by any general fund money that is appropriated by the general assembly pursuant to the annual general appropriations act. The executive director has the authority to expend such funds appropriated to the Colorado domestic abuse program fund for the purposes described in this article 7.5.
(b)
The general assembly shall appropriate money 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 Colorado domestic abuse program fund established pursuant to section
39-22-802
. The money shall then be appropriated from the Colorado domestic abuse program fund to the state department to be used for domestic abuse programs and purposes described in this article 7.5 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, including offsetting grant reductions and other losses experienced as a result of the COVID-19 public health emergency, and gender-based violence organizations, including standalone anti-sexual assault organizations. The state department may use up to five percent of any money appropriated by the general assembly pursuant to this subsection (3)(b) for development and administrative costs incurred by the state department pursuant to this subsection (3)(b).
(4)
(a)
The state domestic violence and sexual assault services fund is created in the state treasury and is referred to in this subsection (4) as the "fund". The fund consists of money transferred to the fund pursuant to subsection (4)(b) of this section and any other money appropriated or transferred into the fund. Money in the fund is continuously appropriated to the state department for any purpose described in this article 7.5.
(b)
Within three days after May 19, 2022, the state treasurer shall transfer six million dollars to the fund from the behavioral and mental health cash fund, created in section
24-75-230
. Notwithstanding subsection (4)(a) of this section, the money transferred to the fund pursuant to this subsection (4)(b) that originates from money the state received from the federal coronavirus state fiscal recovery fund may only be used for a purpose described in this article 7.5 that conforms with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2.
(c)
The state department and each recipient of money from the fund that originates from money the state received from the federal coronavirus state fiscal recovery 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.5)
(I)
On July 1, 2023, the state treasurer shall transfer three million dollars from the general fund to the fund.
(II)
This subsection (4)(c.5) is repealed, effective June 30, 2024.
(c.7)
(I)
On June 18, 2024, the state treasurer shall transfer from the fund to the behavioral and mental health cash fund, created in section 24-75-230, four hundred ninety-five thousand dollars that originated from money the state received from the federal coronavirus state fiscal recovery fund.
(II)
This subsection (4)(c.7) is repealed, effective June 30, 2025.
(d)
The state department shall annually publish on its website:
(I)
For each organization that receives funding pursuant to this article 7.5, the name of the organization, amount of the funding received, the number and types of crimes for which victims are served, and the services provided with the funding;
(II)
The following information from organizations that receive funding, in aggregate: The number and types of crimes for which victims are served; the types of services provided; and the gender, race and ethnicity, and other available demographic information of clients served with the funding; and
(III)
To the extent known, and in aggregate form, the gender, racial and ethnic makeup, and other demographic information of the staff and board of directors, if applicable, of organizations that receive funding. The state department shall make its best effort to collect the information described in this subsection (4)(d)(III).
(e)
Subsections (4)(b) and (4)(c) of this section are repealed, effective July 1, 2027.
Amended by 2024 Ch. 257,§ 10, eff. 5/24/2024.
Amended by 2023 Ch. 264,§ 2, eff. 5/25/2023.
Amended by 2022 Ch. 194, § 6, eff. 5/19/2022.
Amended by 2021 Ch. 291, § 8, eff. 6/22/2021.
Amended by 2021 Ch. 264, § 4, eff. 6/18/2021.
Amended by 2013 Ch. 316, § 83, eff. 8/7/2013.
Amended by 2013 Ch. 49, § 29, eff. 5/1/2013.
L. 83: Entire article added, p. 1137, § 1, effective July 1. L. 94: (1) amended, p. 967, § 1, effective April 28; (2) amended, p. 2706, § 272. effective July 1. L. 99: (3) added, p. 1177, § 3, effective June 2. L. 2009: (1) amended, (SB 09-068), ch. 1210, p. 1210, § 3, effective July 1. L. 2011: (1)(b) amended, (HB 11-1303), ch. 1170, p. 1170, § 73, effective August 10. L. 2013: (1)(b) amended, (SB 13 -011), ch. 169, p. 169, § 29, effective May 1; (1)(b) amended, (HB 13-1300), ch. 1690, p. 1690, § 83, effective August 7. L. 2021: (1)(b) amended, (HB 21-1287), ch. 1539, p. 1539, § 4, effective June 18; (3) amended, (SB 21-292), ch. 1724, p. 1724, § 8, effective June 22.
(1) Amendments to subsection (1)(b) by Senate Bill 13-011 and House Bill 13-1300 were harmonized.
(2) Section 10 of chapter 291 (SB 21-292), Session Laws of Colorado 2021, provides that the act changing this section takes effect only if SB 21-288 and SB 21-291become law and takes effect either upon the effective date of SB 21-292 or one day after the passage of SB 21-288 or one day after the passage of SB 21-291, whichever is latest. SB 21-292 became law and took effect June 22, 2021, SB 21-288 became law and took effect June 11, 2021, and SB 21-291 took effect June 21, 2021.
(1) For the legislative declaration contained in the 1994 act amending subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 21-292, see section 1 of chapter 291, Session Laws of Colorado 2021. (2) For the domestic abuse program voluntary contribution, see part 8 of article 22 of title 39 .