Colorado § 16-13-318 - Forfeiture defense counsel - fund - definitions.

§ 16-13-318. Forfeiture defense counsel - fund - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) "Administrator" means the state court administrator appointed pursuant to section 13-3-101.

(b) "Forfeiture defendant" means a person who claims an interest in property subject to a forfeiture proceeding.

(c) "Forfeiture proceeding" means an action to abate a public nuisance pursuant to this part 3 or an action for forfeiture described in part 5 of this article 13.

(d) "Fund" means the forfeiture defense counsel fund established in subsection (3) of this section.

(e) "Private contractor" means the private contractor selected by the administrator pursuant to subsection (3)(c) of this section.

(2) (a) An indigent forfeiture defendant has the ability to access to legal representation utilizing the fund.

(b) Upon a forfeiture defendant's request, the court shall continue the forfeiture proceeding for twenty-one days or more after the forfeiture defense counsel begins representation unless the forfeiture defense counsel waives the continuance. At any time before the continuance ends, the forfeiture defendant is allowed to file an initial or amended answer or other appropriate pleading to the complaint or petition.

(c) A forfeiture defendant may choose to appoint private counsel for a forfeiture proceeding, or may choose to represent themself.

(d) The private contractor shall, pursuant to the service agreement entered into pursuant to subsection (3)(c) of this section, pay the forfeiture defense counsel an amount not to exceed three thousand five hundred dollars for representing the forfeiture defendant in a forfeiture proceeding unless the court finds good cause for a higher payment. If the court finds good cause for a higher payment, the private contractor shall pay the forfeiture defense counsel the amount ordered.

(e) Nothing in this section prevents forfeiture defense counsel from withdrawing representation of an indigent forfeiture defendant in accordance with the Colorado rules of professional conduct. If a forfeiture defense counsel withdraws representation of an indigent forfeiture defendant, the court may require the private contractor to appoint another forfeiture defense counsel for the defendant if the court finds the interest of justice requires another appointment.

(3) (a) The forfeiture defense counsel fund is created in the state treasury.

(b) (I) The fund consists of money transferred to the fund pursuant to sections 16-13-311 and 24-32-124 (8) and any other money that the general assembly may appropriate or transfer to the fund. The administrator may seek, accept, and expend gifts, grants, or donations from public or private sources for the purposes of this section. The administrator shall transmit all money received from gifts, grants, or donations to the state treasurer, who shall credit the money to the fund. Subject to annual appropriation by the general assembly, the administrator may expend any state money from the fund to make payments to the private contractor and for direct and indirect costs associated with administering this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(II) Notwithstanding this subsection (3)(b), the fund's maximum balance is five hundred thousand dollars. If the fund's balance exceeds the maximum, the administrator shall transmit the difference of the balance of the fund minus five hundred thousand dollars to the state treasurer, who shall credit the money to the law enforcement community services grant program fund created pursuant to section 24-32-124 (5).

(III) Notwithstanding this subsection (3)(b), beginning in the 2027-28 state fiscal year, the fund must only be funded through gifts, grants, donations, and money transmitted pursuant to section 16-13-311 (3)(a)(VII)(C). The general assembly shall not appropriate money from the general fund to the fund.

(IV) The service agreement between the administrator and the private contractor must be contingent on money being in the fund. If the fund does not have money, the general assembly is not required to appropriate or transfer money to the fund. The private contractor is not required to provide legal defense for indigent civil asset forfeiture defendants if there is no balance remaining from the money the private contractor receives from the fund.

(c) (I) On or before December 1, 2026, the administrator shall enter into a service agreement with a private contractor who regularly provides legal services for indigent clients or litigants to provide a legal defense to a civil asset forfeiture proceeding or to contract with an attorney to provide a legal defense to a civil asset forfeiture proceeding.

(II) Upon entering into an agreement with a private contractor, and on July 1 of each year thereafter, the administrator shall distribute the unencumbered money in the fund to the private contractor.

(III) The private contractor shall maintain a list of qualified attorneys that the private contractor may provide or contract with to represent indigent forfeiture defendants. The private contractor shall update and provide the list for the administrator of contracted attorneys on an annual basis.

(d) Upon request of a forfeiture defendant, the private contractor shall appoint a forfeiture defense counsel for the forfeiture defendant. The private contractor shall rotate the attorneys, as much as is practicable, to distribute forfeiture defense counsel cases evenly among qualifying attorneys selected by the private contractor.

(e) The private contractor may retain unspent money at the end of a budget year for the purposes of providing a legal defense to a civil asset forfeiture proceeding pursuant to this section.

(f) If there is any unspent money at the end of the service agreement, the private contractor shall return the unspent money to the administrator. The administrator shall transmit all money received from the private contractor to the state treasurer, who shall credit the money to the fund.

(4) The private contractor shall report quarterly to the administrator the following:

(a) The number of attorneys appointed pursuant to this section;

(b) The costs associated with each case;

(c) Any challenges or difficulties in retaining attorneys to serve as appointed forfeiture defense counsel; and

(d) The amount of unspent money the private contractor retains at the end of the budget year.

Source: L. 2026: Entire section added, (HB 26-1250), ch. 381, p. 2367, § 3, effective July 1.

Editor's note: Section 8 of chapter 381 (HB 26-1250), Session Laws of Colorado 2026, provides that the act adding this section applies to forfeiture actions on or after July 1, 2026.

PART 4

PRESERVATION OF THE PEACE