Colorado § 24-32-3502 - Public defender and prosecutor behavioral health support program - policies - report - fund - repeal.

§ 24-32-3502. Public defender and prosecutor behavioral health support program - policies - report - fund - repeal.

(1) (a) There is created in the department of local affairs, referred to in this section as the "department", the public defender and prosecutor behavioral health support program to provide funding to the office of the state public defender and district attorney's offices for the purposes described in subsection (2) of this section.

(b) The department shall allocate fifty percent of the money appropriated for the program and any gifts, grants, and donations received by the department for the program to the office of the state public defender and the remaining fifty percent to the Colorado district attorneys' council, referred to in this section as the "council", to award grants to district attorney's offices pursuant to subsection (3) of this section.

(c) (I) Notwithstanding subsection (1)(b) of this section, for the 2026-27 state fiscal year the department shall allocate one hundred percent of the money appropriated for the program and any gifts, grants, or donations received by the department for the program to the office of the state public defender.

(II) This subsection (1)(c) is repealed, effective December 31, 2027.

(2) The office of the state public defender may use money allocated to it pursuant to this section, and a grant recipient may use a grant award, for the following:

(a) Counseling services for public defenders, prosecutors, and other employees of a public defender's or district attorney's office, including reimbursements for those who have paid the costs of their own counseling services provided by a licensed mental health professional;

(b) Training and education programs that teach public defenders, prosecutors, and employees of a public defender's or district attorney's office the symptoms of job-related trauma and how to prevent and treat trauma; and

(c) Peer support programs for employees of the office of the state public defender or a district attorney's office.

(3) (a) The council shall administer a grant program to award grants to individual district attorney's offices. The council shall develop policies for the grant program, which must specify the form and deadlines for grant applications, the criteria for awarding grants, the time frames for awarding grants and distributing grant money, and any information a grant recipient must report to the council.

(b) In order to receive a grant award, a district attorney's office must submit an application to the council in accordance with the council's policies. The council shall review applications. On or before October 1 of each year and subject to available money, the council shall award grants.

(4) On or before January 31 of each year, the office of the state public defender and the council shall each report about the program to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees.

(5) (a) The public defender and prosecutor behavioral health support fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of gifts, grants, and donations credited to the fund pursuant to subsection (5)(d) of this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(b) Subject to annual appropriation by the general assembly, the department may expend money from the fund for the purposes of this section.

(c) Repealed.

(d) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The department shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.

(6) The office of the state public defender may receive and expend money pursuant to this section without further appropriation.

Source: L. 2022: Entire section added, (SB 22-188), ch. 200, p. 1340, § 1, effective August 10. L. 2026: (1)(c) added, (HB 26-1385), ch. 175, p. 1015, § 2, effective May 27.

Editor's note: Subsection (5)(c)(II) provided for the repeal of subsection (5)(c), effective July 1, 2023. (See L. 2022, p. 1340.)

Cross references: For the legislative declaration in HB 26-1385, see section 1 of chapter 175, Session Laws of Colorado 2026.

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