Colorado § 24-33.5-505.5 - Colorado crime victim services fund - creation - uses - applications for grants - legislative declaration - repeal.

§ 24-33.5-505.5. Colorado crime victim services fund - creation - uses - applications for grants - legislative declaration - repeal.

(1) The general assembly finds and declares that:

(a) A significant number of violent crimes including homicide, assaults, adult and child sexual assaults, stalking, vehicular deaths, child abuse, robberies, crimes against at-risk persons, and incidents of gun violence occur within Colorado;

(b) All victims of crime, including marginalized communities such as immigrants, young people of color, people with disabilities, and LGBTQIA+ individuals, may need a variety of services from both community-based advocates and system-based advocates as part of each victim's individual recovery. Crime victim services are needed as part of the initial crisis response, at the beginning of a victim's healing, and in long-term healing.

(c) People of color have much higher rates of violent crime victimization;

(d) Because of the higher victimization rates for marginalized communities, including people of color, and because these communities have been underserved, it is the intent of the general assembly to improve access to services for marginalized communities, including victims of color; and

(e) In a continued effort to promote increased diversity among the funded victim service organizations, it is the intent of the general assembly that the department of public safety identify additional measures to address barriers that people of color and other marginalized communities face in accessing victim services.

(2) (a) The Colorado crime victim services fund is created in the state treasury and referred to in this section as the "fund". The fund consists of money transferred to the fund pursuant to subsections (2)(e) and (4) of this section, money transferred to the fund pursuant to section 39-37-301 (2)(a)(I), and any other money that the general assembly may appropriate or transfer to the fund.

(b) Money paid into the fund pursuant to subsections (2)(e) and (4) of this section is continuously appropriated to the division for crime victim services grants, as described in subsection (3) of this section.

(c) Money paid into the fund pursuant to section 39-37-301 (2)(a)(I) must be used for crime victim services grants, as described in subsection (3) of this section.

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

(e) Repealed.

(2.5) Repealed.

(3) The division shall award grants from the fund to governmental agencies and nonprofit organizations that provide services for crime victims, including attending to the needs of animal companions. A grant award may be used to enhance or provide services for crime victims or for the prevention of crimes. The division shall award grants from the fund in accordance with the division's process for awarding grants described in section 24-33.5-507.

(4) Within three days after May 19, 2022, the state treasurer shall transfer thirty-two million dollars to the fund from the economic recovery and relief cash fund, created in section 24-75-228, and transfer six million dollars to the fund from the general fund. The money transferred to the fund that originates from money the state received from the federal coronavirus state fiscal recovery fund may only be used for services permitted pursuant to the federal "American Rescue Plan Act of 2021", Pub.L. 117-2.

(5) (a) The division may use up to five hundred thousand dollars of the money transferred to the fund pursuant to subsection (4) of this section and up to five percent of any other money transferred or appropriated to the fund for development and administrative costs incurred by the division pursuant to this section; except that the division may use up to ten percent of the money transferred to the fund pursuant to section 39-37-301 (2)(a)(I) for development and administrative costs incurred by the division pursuant to subsection (2)(c) of this section.

(b) The division and each recipient of money from the fund that originates from money the state received from the federal coronavirus state fiscal recovery fund shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(6) The division shall annually publish on its website:

(a) For each organization that receives a grant, the name of the organization, amount of the grant award, the number and types of crimes for which victims are served, and the services provided with grant money;

(b) The following information from organizations that receive a grant, in aggregate: The number and types of crimes for which victims are served; the types of services provided; and the gender, race and ethnicity, and other available demographic information of clients served with a grant award; and

(c) To the extent known, and in aggregate form, the gender, racial and ethnic makeup, and other demographic information of the staff and board of directors, if applicable, of organizations that receive a grant. The division shall make its best effort to collect the information described in this subsection (5).

(7) Subsections (4) and (5)(b) of this section are repealed, effective July 1, 2027.

Source: L. 2022: Entire section added, (SB 22-183), ch. 194, p. 1302, § 7, effective May 19. L. 2023: (2.5) added, (HB 23-1199), ch. 263, p. 1565, § 2, effective May 25; (3), (4), (5)(b), and (7) amended, (HB 23-1107), ch. 264, p. 1569, § 1 effective May 25. L. 2024: (2) amended, (HB 24-1420), ch. 102, p. 322, § 1, effective April 18; (2), (3), and (5)(a) amended, (HB 24-1349), ch. 423, p. 2899, § 2, effective December 17 (see editor's note).

Editor's note: (1) Amendments to subsection (2) by HB 24-1420 and HB 24-1349 were harmonized, effective on the date of the official declaration of the vote thereon by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with § 39-37-201, created in section 1 of HB 24-1349. (See L. 2024, ch. 423.) The ballot issue, referred to the voters as Proposition KK, was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024. The vote count for the measure was as follows:

FOR: 1,675,123

AGAINST: 1,406,112

(2) Section 19(1) of chapter 423 (HB 24-1349), Session Laws of Colorado 2024, provides that changes to this section take effect only if a majority of voters approve the ballot issue referred in accordance with § 39-37-201 at the November 2024 statewide election, and, if the voters approve the ballot measure, the changes to this section are effective on the date of the official declaration of the vote by the governor. The ballot issue, referred to the voters as Proposition KK, was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024, see L. 2025, p. 3636. The vote count for the measure was as follows:

FOR: 1,675,123

AGAINST: 1,406,112

(3) Subsection (2)(e)(II) provided for the repeal of subsection (2)(e), effective July 1, 2025. (See L. 2024, pp. 322, 2899.)

(4) Subsection (2.5)(b) provided for the repeal of subsection (2.5), effective July 1, 2024. (See L. 2023, p. 1565.)