Colorado § 13-1-204 - Court security cash fund - creation - grants - regulations.

§ 13-1-204. Court security cash fund - creation - grants - regulations.

(1) (a) There is hereby created in the state treasury the court security cash fund. The moneys in the fund shall be subject to annual appropriation by the general assembly for the implementation of this part 2. The state court administrator is authorized to accept gifts, grants, or donations from any private or public source for the purpose of implementing this part 2. All private and public moneys received by the state court administrator from gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the fund in addition to any moneys that may be appropriated to the fund directly by the general assembly.

(b) A five-dollar surcharge must be assessed and collected as provided by law on docket fees and jury fees for specified civil actions filed on and after July 1, 2007, but before July 1, 2027, on docket fees for criminal convictions entered on and after July 1, 2007, but before July 1, 2027, on filing fees for specified probate filings made on and after July 1, 2007, but before July 1, 2027, on docket fees for specified special proceeding filings made on and after July 1, 2007, but before July 1, 2027, on fees for specified filings in water matters initiated on and after July 1, 2007, but before July 1, 2027, on docket fees for specified traffic infraction penalties assessed on and after July 1, 2007, but before July 1, 2027, and on docket fees for civil infraction penalties assessed on or after March 1, 2022, but before July 1, 2027. The surcharge must be transmitted to the state treasurer, who shall credit the surcharge to the fund. A surcharge assessed before July 1, 2027, but collected on or after July 1, 2027, must be transmitted to the court security authority in the manner specified in section 13-1-505 (2).

(c) (I) All investment earnings derived from the deposit and investment of moneys in the fund shall remain in the fund and shall not be transferred or revert to the general fund at the end of any fiscal year. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund.

(II) Notwithstanding any provision of subparagraph (I) of this paragraph (c) to the contrary, on April 20, 2009, the state treasurer shall deduct one million five hundred thousand dollars from the court security cash fund and transfer such sum to the general fund.

(III) Notwithstanding any provision of subparagraph (I) of this paragraph (c) to the contrary, on July 1, 2009, the state treasurer shall deduct five hundred thousand dollars from the court security cash fund and transfer such sum to the general fund.

(2) Moneys from the fund that are distributed to counties pursuant to this part 2 shall be used to supplement existing county funding for purposes related to security of facilities containing a state court or probation office and shall not be used to supplant moneys already allocated by the county for such purposes.

(3) All moneys credited to the fund shall be available for grants awarded by the state court administrator, based on recommendations of the commission, to counties for the purposes described in this part 2; except that the state court administrator may use up to ten percent of the moneys annually appropriated from the fund for administrative costs incurred through the implementation of this part 2. The state court administrator, subject to annual appropriation by the general assembly, is hereby authorized to expend moneys appropriated from the fund pursuant to this part 2.

(4) In accordance with the principles set out in section 13-1-205, the commission shall adopt guidelines prescribing the procedures to be followed in making, filing, and evaluating grant applications, the criteria for evaluation, and other guidelines necessary for administering the fund.

(5) Notwithstanding any provision of this section to the contrary, on August 31, 2027, the state treasurer shall issue a warrant in an amount equal to the balance of money in the court security cash fund to the court security authority created in part 5 of this article 1.

Source: L. 2007: Entire part added, p. 1266, § 1, effective May 25. L. 2009: (1)(c) amended, (SB 09-208), ch. 149, p. 619, § 7, effective April 20; (1)(c)(III) added, (SB 09-279), ch. 367, p. 1925, § 3, effective June 1. L. 2022: (1)(b) amended, (HB 22-1229), ch. 68, p. 339, § 2, effective March 1. L. 2026: (1)(b) amended and (5) added, (HB 26-1422), ch. 331, p. 1933, § 12, effective June 2.

Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act amending subsection (1)(b) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.