Senate Bill 25-067 Engrossed

A Bill for an Act

• Page 1, Line 101Concerning changes to the prosecution fellowship program.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

A prosecution fellowship program in the department of higher education provides money to the Colorado district attorneys' council (CDAC) to fund fellowships for persons who have recently graduated from a law school in Colorado to allow them to pursue careers as prosecutors in rural Colorado. The program, through a prosecution fellowship committee, places up to 6 fellows in rural district attorneys' offices throughout the state each year.

The bill changes the prosecutor fellowship program to provide fellowship funding to rural district attorneys' offices to recruit and hire new deputy district attorneys rather than selecting and placing fellows in rural district attorneys' offices. The selected offices then use the money to recruit and hire new district attorneys. The bill requires the prosecution fellowship committee to determine which rural district attorneys' offices receive funding. On or before January 1, 2028, CDAC shall provide a report to the judiciary committees regarding the prosecutor fellowship program.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 23-19.3-101, amend the introductory portion; and add (4) as follows:

• Page 2, Line 323-19.3-101.  Definitions. As used in this article article 19.3, unless the context otherwise requires:

• Page 2, Line 4(4)  "Rural district attorney's office" means a district

• Page 2, Line 5attorney's office within the third, fifth, sixth, seventh, ninth,

• Page 2, Line 6eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, or twenty-second judicial district of Colorado.

• Page 2, Line 7SECTION 2.  In Colorado Revised Statutes, 23-19.3-102, amend

• Page 2, Line 8(1)(a), (1)(b), (2)(a), (2)(b), (2)(d), (2)(e), (3), (4) introductory portion, and (4)(a) as follows:

• Page 2, Line 923-19.3-102.  Prosecution fellowship program - creation -

• Page 2, Line 10committee - administration - conditions. (1) (a)  There is created The

• Page 2, Line 11prosecution fellowship program is created in the department to provide

• Page 2, Line 12moneys money to the Colorado district attorneys' council to fund rural

• Page 2, Line 13district attorney's office fellowships for persons who have recently

• Page 2, Line 14graduated from a law school in Colorado and allow them to pursue

• Page 2, Line 15careers as prosecutors in rural Colorado. The general assembly may

• Page 2, Line 16appropriate moneys money to the department for distribution to the

• Page 2, Line 17Colorado district attorneys' council to implement the provisions of this

• Page 3, Line 1article article 19.3 and to provide fellowship funding to a rural district attorney's office selected for the funding.

• Page 3, Line 2(b)  The program will match law school graduates for one-year

• Page 3, Line 3fellowships with rural district attorneys' offices throughout Colorado. The

• Page 3, Line 4initial fellowships will be awarded in fiscal year 2015-16. The program

• Page 3, Line 5may fund the salary and benefits for up to six fellows each year. The

• Page 3, Line 6fellows are independent contractors and not employees of the Colorado

• Page 3, Line 7district attorneys' council. The program is limited to law school graduates

• Page 3, Line 8from the university of Colorado school of law and the university of

• Page 3, Line 9Denver Sturm college of law. Each law school shall contribute an equal

• Page 3, Line 10amount toward twenty percent of the cost of the fellowship salaries if the

• Page 3, Line 11school wants its students to be considered for the fellowship program The

• Page 3, Line 12program provides fellowship funding to a rural district

• Page 3, Line 13attorney's office in an amount determined appropriate by the

• Page 3, Line 14fellowship committee that the office shall use to recruit, hire, and retain new deputy district attorneys.

• Page 3, Line 15(2) (a)  There is created The prosecution fellowship committee is

• Page 3, Line 16created, which shall select selects the recipients of the fellowships.

• Page 3, Line 17and the fellowship locations. The committee is comprised of seven five members, which include including:

• Page 3, Line 18(I)  The executive director of the Colorado district attorneys' council, who shall serve serves as the chair of the committee; and

• Page 3, Line 19(II)  The dean of the university of Colorado school of law;

• Page 3, Line 20(III)  The dean of the university of Denver Sturm college of law; and

• Page 3, Line 21(IV)  (II)  Four elected rural district attorneys or their designees

• Page 3, Line 22appointed by the executive director of the Colorado district attorneys' council.

• Page 4, Line 1(b)  The committee shall develop a fellow and a district attorneys'

• Page 4, Line 2offices attorney's office application process and determine the

• Page 4, Line 3selection criteria for fellows and district attorneys' office locations fellowships.

• Page 4, Line 4(d)  The members Each elected district attorney member of

• Page 4, Line 5the committee shall serve without compensation for a term of two years as determined by the fiscal year calendar.

• Page 4, Line 6(e)  The committee shall review applications received by the

• Page 4, Line 7program, select up to six fellows for the particular fiscal year plus any

• Page 4, Line 8back-up candidates as determined necessary by the committee, and select

• Page 4, Line 9up to six the district attorneys' office locations for placement of fellows

• Page 4, Line 10each year offices that will receive program funding for the

• Page 4, Line 11eligible time period, and determine the applicable award amount

• Page 4, Line 12for each selected office. After selecting the fellows and the

• Page 4, Line 13committee selects the district attorneys' office locations, the committee

• Page 4, Line 14shall match the fellows with a particular district attorney's office offices

• Page 4, Line 15that will receive program funding, the Colorado district

• Page 4, Line 16attorneys' council shall provide the funds to the selected offices.

• Page 4, Line 17(3)  In the event that the If a fellow who is receiving a fellowship

• Page 4, Line 18funding leaves the position the Colorado district attorneys' council shall

• Page 4, Line 19allocate any remaining awarded program moneys to funding a new

• Page 4, Line 20fellow, if the position is filled immediately, or to fund another fellowship.

• Page 4, Line 21If the position is not filled immediately or another vacant position does

• Page 4, Line 22not exist within the award period, the recipient office shall

• Page 4, Line 23return any remaining fellowship funding to the Colorado

• Page 5, Line 1district attorneys' council. Upon receipt of any unspent funds,

• Page 5, Line 2the committee may meet and award the funding to the same or

• Page 5, Line 3another district attorney's office. Each office that receives

• Page 5, Line 4funding shall return any unexpended program funding to the

• Page 5, Line 5Colorado district attorneys' council. The Colorado district

• Page 5, Line 6attorneys' council shall return any unexpended program moneys money to the department at the end of each fiscal year.

• Page 5, Line 7(4)  By January 1, 2019 On or before January 1, 2028, the

• Page 5, Line 8Colorado district attorneys' council shall provide a report to the house of

• Page 5, Line 9representatives and senate judiciary committees, or their successor

• Page 5, Line 10committees, regarding the prosecution fellowship program. The report

• Page 5, Line 11must include the following information regarding the placement of the fellows:

• Page 5, Line 12(a)  For each fellow placed, whether the fellow obtained deputy

• Page 5, Line 13district employment with fellowship awarded, the district

• Page 5, Line 14attorney's office where he or she was placed, with a different rural

• Page 5, Line 15district attorney's office, or an urban district attorney's office receiving

• Page 5, Line 16the award; the amount of the fellowship funding awarded; and

• Page 5, Line 17the status of any fellow's employment with the office, with any

• Page 5, Line 18other district attorney's office within Colorado, or other employment, if known, after the fellowship ends;

• Page 5, Line 19SECTION 3.  Act subject to petition - effective date. This act

• Page 5, Line 20takes effect at 12:01 a.m. on the day following the expiration of the

• Page 5, Line 21ninety-day period after final adjournment of the general assembly; except

• Page 5, Line 22that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 5, Line 23of the state constitution against this act or an item, section, or part of this

• Page 5, Line 24act within such period, then the act, item, section, or part will not take

• Page 6, Line 1effect unless approved by the people at the general election to be held in

• Page 6, Line 2November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.