Colorado § 21-1-107 - State public defender - gifts, grants, and donations for record sealing - sealing defense fund - created.

§ 21-1-107. State public defender - gifts, grants, and donations for record sealing - sealing defense fund - created.

(1) The state public defender may apply for grants and accept gifts or donations from private or public sources for the purpose of representing indigent clients in matters pursuant to part 7 of article 72 of title 24 when such action is in accordance with the Colorado rules of professional conduct and the American bar association standards relating to criminal justice for the defense function. The state public defender shall not accept a gift, grant, or donation if the gift, grant, or donation is conditioned on its use for sealing records for a specific identified individual or individuals. The state public defender shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the sealing defense fund created in subsection (2) of this section.

(2) (a) The sealing defense fund, referred to in this subsection (2) as the "fund", is created in the state treasury. The fund consists of gifts, grants, and donations credited to the fund pursuant to subsection (1) of this section and section 21-2-109 and any other money that the general assembly may appropriate or transfer to the fund.

(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(c) Money in the fund is continuously appropriated to the state public defender and the office of alternate defense counsel for the purpose of representing indigent clients in matters pursuant to part 7 of article 72 of title 24.

(3) The state public defender shall annually report on the receipt and expenditure of gifts, grants, and donations pursuant to subsection (1) of this section at its presentation to its committee of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".

Source: L. 2021: Entire section added, (HB 21-1214), ch. 455, p. 3029, § 3, effective September 7.

ANNOTATION

Law reviews. For article, "2021 Updates on Sealing Criminal Records", see 51 Colo. Law. 22 (May 2022).

ARTICLE 2

Alternate Defense Counsel

21-2-100.3. Definitions.

21-2-101. Alternate defense counsel - policy - commission.

21-2-102. Alternate defense counsel - qualifications - employees.

21-2-103. Representation of persons who are indigent.

21-2-104. Duties of alternate defense counsel and contract attorneys - report.

21-2-105. Contracts with attorneys and other legal services providers.

21-2-106. Recoupment of fees and costs.

21-2-107. Complaints against contracted attorneys - procedure.

21-2-108. Conflict-free defense for indigent persons in municipal courts - fund created.

21-2-109. Office of alternate defense counsel - gifts, grants, and donations for record sealing.