Colorado § 24-33.5-506 - Victims assistance and law enforcement fund - creation.

§ 24-33.5-506. Victims assistance and law enforcement fund - creation.

(1) There is hereby created in the state treasury a fund to be known as the victims assistance and law enforcement fund, referred to in this section as the "fund". The state treasurer shall credit to the fund all moneys deposited with the state treasurer pursuant to section 24-4.2-105 (1) and voluntary victim assistance payments from inmates pursuant to article 24 of title 17, C.R.S. The general assembly shall make annual appropriations of the moneys in the fund to the division:

(a) For payment of the direct and indirect costs incurred by said division in administering the provisions of this section and section 24-33.5-507 and in administering any victims program authorized by federal or state law;

(b) For distribution as determined by the division, with recommendations from the crime victim services advisory board, created in section 24-4.1-117.3 (1) and referred to in this section as the "advisory board", to the department of public safety, the department of corrections, the department of human services, and the office of the state court administrator to implement and coordinate statewide victim services. Subject to available appropriations, the amount of moneys distributed by the division to each agency each fiscal year shall be no less than the total of the amount distributed to the agency in the prior fiscal year minus any moneys budgeted for one-time projects or evaluations and minus any additional grant moneys that the agency received through the grant process described in section 24-33.5-507.

(c) For allocation to the department of law for the position of victims' services coordinator created pursuant to section 24-31-106. The amount allocated to the department of law pursuant to this paragraph (c) may be increased by up to five percent annually.

(c.5) Repealed.

(d) For distribution by the division, based on recommendations from the advisory board, through the awarding of grants.

(1.5) (a) In addition to the annual appropriations specified in subsection (1) of this section, the general assembly shall make annual appropriations of the money in the victims assistance and law enforcement fund for payment of the direct and indirect costs of implementing the provisions of section 17-2-201 (5)(g).

(b) In addition to the money paid into the fund pursuant to this subsection (1.5) and subsection (1) of this section, the general assembly shall appropriate money from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, to the division of criminal justice in the department of public safety to be used for the programs and purposes described in subsection (1) of this section.

(c) Money appropriated pursuant to this subsection (1.5) from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, must only fund programs and purposes that also conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended. The division of criminal justice in the department of public safety may use up to ten percent of any money appropriated pursuant to this subsection (1.5) for development and administrative costs incurred pursuant to this section in the provision of programs and services allowed pursuant to the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended.

(2) Any unexpended balance of moneys appropriated by the general assembly in the fund at the end of each fiscal year shall not revert to the general fund but shall remain in the fund for allocation pursuant to subsection (1) of this section.

(3) The priority use for moneys in the fund shall be for the implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the provision of services and programs for crime victims. The advisory board may set additional priorities for the use of moneys in the fund.

Source: L. 84: Entire section added, p. 656, § 4, effective July 1. L. 87: (1) amended, p. 1002, § 1, effective July 1. L. 88: (1.5) added, p. 702, § 2, effective May 29. L. 90: (1)(a) amended, p. 1182, § 8, effective July 1. L. 92: (3) amended, p. 428, § 7, effective January 14, 1993. L. 93: (1) amended, p. 2054, § 6, effective June 9. L. 95: (1) and (3) amended, p. 530, § 2, effective May 16; (3) amended, p. 1406, § 8, effective July 1. L. 96: IP(1) amended, p. 1150, § 12, effective June 1. L. 97: (1)(b) amended, p. 1559, § 1, effective July 1. L. 2008: IP(1), (1)(b), and (1)(c) amended and (1)(d) added, p. 37, § 1, effective July 1. L. 2009: IP(1), (1)(b), (1)(d), and (3) amended, (SB 09-047), ch. 129, p. 557, § 8, effective July 1; (1)(c.5) added, (HB 09-1137), ch. 308, p. 1657, § 4, effective September 1. L. 2011: IP(1) amended, (HB 11-1303), ch. 264, p. 1164, § 56, effective August 10. L. 2021: (1.5) amended, (SB 21-292), ch. 291, p. 1722, § 6, effective June 22.

Editor's note: (1) Amendments to subsection (3) by Senate Bill 95-39 and House Bill 95-1346 were harmonized.

(2) Subsection (1)(c.5)(II) provided for the repeal of subsection (1)(c.5), effective July 1, 2012. (See L. 2009, p. 1657.)

Cross references: (1) For constitutional provisions relating to the rights of crime victims, see § 16a of article II, Colo. Const.; for statutory provisions relating to the rights of victims of and witnesses to crimes, see part 3 of article 4.1 of this title.

(2) For the legislative declaration in SB 21-292, see section 1 of chapter 291, Session Laws of Colorado 2021.