§ 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.

   (1.5) 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. (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.
   2. 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.
   3. 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.
   4. The requirements set forth in section 24-4.2-105 (1) do not apply to this subsection (1.7).
2. All moneys deposited in the fund shall be deposited in an interest-bearing account which would be a legal investment for the state treasurer. All interest earned by moneys in the fund shall be credited to the fund.
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.

Source: 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 January 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. 259, p. 958, § 63, effective August 5. L. 2021: (1.7) added, (SB 21-292), ch. 291, p. 1722, § 5, effective June 22; (1.5) amended, (HB 21-1315), ch. 461, p. 3120, § 34, effective July 6.

Cross references: (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.