Colorado § 24-4.1-117 - Fund created - control of fund.

§ 24-4.1-117. Fund created - control of fund.

(1) The crime victim compensation fund is hereby established in the office of the court executive of each judicial district for the benefit of eligible applicants under this part 1.

(1.3) The crime victim compensation fund for the twenty-third judicial district is established in the office of the court administrator for Douglas, Elbert, and Lincoln counties. The fund consists of any money due the twenty-third judicial district pursuant to subsection (2) of this section on and after January 7, 2025. The judicial department shall coordinate with the crime victim compensation board for the eighteenth judicial district to credit money paid as costs or surcharges levied on criminal actions in Douglas, Elbert, and Lincoln counties on and after April 1, 2024, to the fund for use by the twenty-third judicial district, from the money collected pursuant to subsection (2) of this section on or after April 1, 2024, in Douglas, Elbert, and Lincoln counties.

(1.5) Repealed.

(2) The fund consists of all money paid as a cost or surcharge levied on criminal actions, as provided in section 24-4.1-119; any federal money available to state or local governments for victim compensation; all money received from any action or suit to recover damages from an assailant for a compensable crime which was the basis for approval of, and limited to, compensation received under this part 1; any restitution paid by an assailant to a victim for damages for a compensable crime which was the basis for approval of compensation received under this part 1 and for damages for which the victim has received approval of, and limited to, compensation received under this part 1; money transferred from the marijuana tax cash fund pursuant to section 39-28.8-501 (4.9)(b); and any other money that the general assembly may appropriate or transfer to the fund.

(3) All money deposited in the fund is deposited in an interest-bearing account, which must be no less secure than those used by the state treasurer, and which must yield the highest interest possible. All interest earned by money in the fund is credited to the fund.

(4) At the conclusion of each fiscal year, all money remaining in the fund remains in the fund.

(5) (a) For state fiscal years commencing prior to July 1, 2026, all money deposited in the fund must be used solely for the compensation of victims pursuant to this part 1; except that the district attorney and the court executive may use an aggregate of no more than twenty-two and one-half percent of the total amount of money in the crime victim compensation fund for administrative costs incurred pursuant to this part 1. The district attorney may use no more than twenty percent of the total amount of money in the fund for administrative costs. The court executive may use no more than two and one-half percent of the total amount of money in the fund for administrative costs.

(b) For state fiscal years commencing on or after July 1, 2026:

(I) All money deposited in the fund must be used solely for the compensation of victims pursuant to this part 1; and

(II) The general assembly shall appropriate money to the district attorney in each judicial district in an amount equal to twenty percent of the total amount of money in the fund in that judicial district for administrative costs and to the court executive in each judicial district in an amount equal to two and one-half percent of the total amount of money in the fund in that judicial district for administrative costs.

(6) Grants of federal money that is accepted pursuant to this part 1 for the purpose of assisting crime victims shall not be used to supplant state funds available to assist crime victims.

Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: (1), (2), and (5) amended, p. 660, § 19, effective May 14. L. 85: (6) added, p. 793, § 4, effective April 11. L. 89: (5) amended, p. 1016, § 2, effective April 23. L. 98: (5) amended, p. 518, § 4, effective April 30. L. 2007: (2) amended, p. 1112, § 2, effective July 1. L. 2021: (1.5) repealed and (2) amended, (HB 21-1315), ch. 461, pp. 3114, 3120, §§ 21, 33, effective July 6. L. 2024: (1.3) added, (HB 24-1013), ch. 43, p. 154, § 3, effective April 4; entire section amended, (SB 24-120), ch. 177, p. 964, § 13, effective May 15. L. 2026: (5) amended, (SB 26-042), ch. 212, p. 1251, § 3, effective May 29.

Editor's note: Amendments to this section by HB 24-1013 and SB 24-120 were harmonized.

Cross references: For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021. For the legislative declaration in SB 26-042, see section 1 of chapter 212, Session Laws of Colorado 2026.