Senate Bill 25-012 Introduced

A Bill for an Act

• Page 1, Line 101Concerning providing financial assistance to counties for

• Page 1, Line 102county facilities.

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/.)

Legislative Oversight Committee Concerning Colorado Jail Standards. Current law tasks the underfunded courthouse facility cash fund commission (commission) to evaluate grant applications and issue grants to counties for underfunded courthouse facilities through master planning services, matching funds or leveraging grant funding opportunities, or for addressing emergency needs due to the imminent closure of a court facility. The bill changes the name of the commission and the underfunded courthouse facility cash fund and expands the responsibilities of the commission to include jails in addition to court facilities. Additionally, the bill allows grants to be issued for up to 50% of a county's annual voter-approved debt service on any county-approved financing of the construction or remodeling costs of a court or jail facility.

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

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, amend 13-1-301 as follows:

• Page 2, Line 313-1-301.  Legislative declaration. (1)  The general assembly hereby finds that:

• Page 2, Line 4(a)  Providing access to state court and jail facilities and ensuring

• Page 2, Line 5the safety of employees and other users of state court and jail facilities

• Page 2, Line 6are fundamental components of ensuring access to justice for the people of the state of Colorado;

• Page 2, Line 7(b)  Recent years have seen numerous occasions in which

• Page 2, Line 8courthouse In recent years, court and jail facility repair,

• Page 2, Line 9renovation, improvement, and expansion needs have become important priorities for judicial districts and the counties they serve;

• Page 2, Line 10(c)  In some cases these needs result from anticipated causes, such

• Page 2, Line 11as expanding caseloads, the allocations of new judges to the district, or

• Page 2, Line 12the aging of existing courtroom court and jail facilities and the

• Page 2, Line 13attendant need to bring them up to current operational and safety standards;

• Page 2, Line 14(d)  In other cases, the needs are driven by unexpected events, such

• Page 2, Line 15as natural disasters, accidents, or the discovery of previously unknown threats to health and safety; and

• Page 2, Line 16(e)  While the responsibility for providing adequate courtrooms

• Page 3, Line 1and other court and jail facilities lies with county governments, the

• Page 3, Line 2geographically, demographically, and economically diverse nature of our

• Page 3, Line 3state affects the level of funding and services that each county can provide.

• Page 3, Line 4(2)  The general assembly, therefore, determines and declares that:

• Page 3, Line 5(a)  The creation of the underfunded courthouse court and jail

• Page 3, Line 6facility cash fund commission and the underfunded courthouse court

• Page 3, Line 7and jail facility cash fund is beneficial to and in the best interests of the people of the state of Colorado; and

• Page 3, Line 8(b)  The purpose of the commission and the fund is to provide

• Page 3, Line 9supplemental funding for courthouse court and jail facility projects in the counties with the most limited financial resources.

• Page 3, Line 10SECTION 2.  In Colorado Revised Statutes, 13-1-302, amend (1), (3), and (4) as follows:

• Page 3, Line 1113-1-302.  Definitions. As used in this part 3, unless the context otherwise requires:

• Page 3, Line 12(1)  "Commission" means the underfunded courthouse court and jail facility cash fund commission created in section 13-1-303.

• Page 3, Line 13(3)  "Fund" means the underfunded courthouse court and jail facility cash fund created in section 13-1-304.

• Page 3, Line 14(4)  "Imminent closure of a court facility" means a court facility

• Page 3, Line 15with health, life, or safety issues that impact court employees, jail

• Page 3, Line 16inmates, or other court users and that is designated for imminent closure

• Page 3, Line 17by a county or the state court administrator in consultation with the

• Page 3, Line 18state's risk management system or other appropriate professionals. Health,

• Page 3, Line 19life, or safety issues include air quality issues, water intrusion problems,

• Page 3, Line 20temperature control issues, structural conditions that cannot reasonably

• Page 4, Line 1be mitigated, fire hazards, electrical hazards, and utility problems. Certain

• Page 4, Line 2health, life, or safety issues may require additional third-party evaluations such as an environmental or structural engineering review.

• Page 4, Line 3SECTION 3.  In Colorado Revised Statutes, 13-1-303, amend (1) and (6) as follows:

• Page 4, Line 413-1-303.  Underfunded court and jail facility cash fund

• Page 4, Line 5commission - creation - membership. (1)  There is hereby created in the

• Page 4, Line 6judicial department The underfunded courthouse court and jail facility

• Page 4, Line 7cash fund commission is created in the judicial department to

• Page 4, Line 8evaluate grant applications received pursuant to this part 3 and make

• Page 4, Line 9recommendations to the state court administrator for awarding grants

• Page 4, Line 10from the underfunded courthouse court and jail facility cash fund

• Page 4, Line 11based on the statutory criteria set forth in section 13-1-305. The commission shall must be appointed no later than July 1, 2014.

• Page 4, Line 12(6)  In accordance with the principles set out in section 13-1-305

• Page 4, Line 13this part 3, the commission shall adopt guidelines prescribing the

• Page 4, Line 14procedures to be followed in making, filing, and evaluating grant

• Page 4, Line 15applications, the criteria for evaluation, and other guidelines necessary for administering the grant program.

• Page 4, Line 16SECTION 4.  In Colorado Revised Statutes, amend 13-1-304 as follows:

• Page 4, Line 1713-1-304.  Underfunded court and jail facility cash fund -

• Page 4, Line 18creation - grants - regulations. (1)  There is hereby created in the state

• Page 4, Line 19treasury The underfunded courthouse court and jail facility cash fund

• Page 4, Line 20that consists is created in the state treasury, consisting of any

• Page 4, Line 21moneys money appropriated by the general assembly to the fund. The

• Page 4, Line 22moneys money in the fund are is subject to annual appropriation by the

• Page 5, Line 1general assembly for the implementation of this part 3. The state court

• Page 5, Line 2administrator may accept gifts, grants, or donations from any private or

• Page 5, Line 3public source for the purpose of implementing this part 3. All private and

• Page 5, Line 4public moneys money received by the state court administrator from

• Page 5, Line 5gifts, grants, or donations must be transmitted to the state treasurer, who

• Page 5, Line 6shall credit the same money to the fund in addition to any moneys money

• Page 5, Line 7that may be appropriated to the fund directly by the general assembly. All

• Page 5, Line 8investment earnings derived from the deposit and investment of moneys

• Page 5, Line 9the money in the fund remain in the fund and may not be transferred or

• Page 5, Line 10revert to the general fund at the end of any fiscal year. Any unexpended

• Page 5, Line 11and unencumbered moneys money remaining in the fund at the end of

• Page 5, Line 12any fiscal year shall remain remains in the fund and shall not be credited or transferred to the general fund or any other fund.

• Page 5, Line 13(2) (a)  Moneys Money from the fund that are is distributed to counties in the form of a grant pursuant to this part 3 may: only:

• Page 5, Line 14 (I)  Be used for commissioning master planning services,

• Page 5, Line 15matching funds or leveraging grant funding opportunities for construction

• Page 5, Line 16or remodeling projects, or addressing emergency needs due to the imminent closure of a court or jail facility;

• Page 5, Line 17(II)  Be used to pay up to fifty percent of a county's annual

• Page 5, Line 18voter-approved debt service on any county-approved financing

• Page 5, Line 19for capital construction or remodeling costs of a court or jail facility pursuant to this part 3;

• Page 5, Line 20(III)  Moneys from the fund may Not be allocated for the purchase

• Page 5, Line 21of furniture, fixtures, or equipment or as the sole source of funding for new construction; and

• Page 5, Line 22(IV)  Moneys from the fund may Not be allocated as the sole

• Page 6, Line 1source of funding for remodeling, unless the need for funding is associated with the imminent closure of a court facility.

• Page 6, Line 2(b)  Money from the fund that is distributed to counties

• Page 6, Line 3must only be used for new construction or remodeling of a

• Page 6, Line 4court or jail facility and must not be used for the purchase of furniture, fixtures, or equipment.

• Page 6, Line 5(3)  All moneys money credited to the fund shall be is available

• Page 6, Line 6for grants awarded by the state court administrator, based on

• Page 6, Line 7recommendations of the commission, to counties for the purposes

• Page 6, Line 8described in this part 3; except that the state court administrator may use

• Page 6, Line 9a portion of the moneys money annually appropriated from the fund for

• Page 6, Line 10administrative costs incurred through for the implementation of this part

• Page 6, Line 113. The state court administrator, subject to annual appropriation by the

• Page 6, Line 12general assembly, may expend moneys money appropriated from the fund pursuant to this part 3.

• Page 6, Line 13SECTION 5.  In Colorado Revised Statutes, 13-1-305, amend (1),

• Page 6, Line 14(2)(a), (2)(c), (2)(d), (2)(e), (3), and (4) introductory portion; and add (5) as follows:

• Page 6, Line 1513-1-305.  Grant applications - duties of counties. (1)  To be

• Page 6, Line 16eligible for moneys a grant from the fund, a county must apply to the

• Page 6, Line 17commission through the state court administrator, using the application

• Page 6, Line 18form provided by the commission, in accordance with the timelines and

• Page 6, Line 19guidelines adopted by the commission. For the commission to consider

• Page 6, Line 20a grant application, the application must first be reviewed and approved by the chief judge of the county and the board of county commissioners.

• Page 6, Line 21(2) (a)  Grants A grant from the fund may only be used to fund

• Page 6, Line 22counties that meet the requirements set forth in paragraph (b) of this

• Page 7, Line 1subsection (2) subsection (2)(b) of this section and the criteria specified in subsection (4) of this section to:

• Page 7, Line 2(I)  Commission master planning services;

• Page 7, Line 3(II)  Serve as matching funds or leverage grant funding opportunities; or

• Page 7, Line 4(III)  Address emergency needs due to the imminent closure of a court or jail facility; or

• Page 7, Line 5(IV)  Pay up to fifty percent of a county's annual

• Page 7, Line 6voter-approved debt service on any county-approved financing

• Page 7, Line 7of the construction or remodeling costs of a court or jail facility.

• Page 7, Line 8(c)  Grants A grant from the fund may not supplant any county

• Page 7, Line 9funding for a county that has the means to support its court facility or jail facilities.

• Page 7, Line 10(d)  The approval of a grant shall does not result in the state or

• Page 7, Line 11commission assuming ownership or liability for a county courthouse or

• Page 7, Line 12other county court or jail facility. that houses county offices and

• Page 7, Line 13employees. The county shall continue continues to have ownership and liability for all such facilities.

• Page 7, Line 14(e)  Once a county is awarded a grant, the county shall either

• Page 7, Line 15complete the project as designated and described in the grant award or

• Page 7, Line 16use the grant to pay the voter-approved debt service on any

• Page 7, Line 17county-approved financing of the construction or remodeling of a court or jail facility.

• Page 7, Line 18(3)  Counties that meet A county that meets all four of the

• Page 7, Line 19criteria specified in subsection (4) of this section must be given the

• Page 7, Line 20highest priority for need-based grants for underfunded courthouse court or jail facilities pursuant to this part 3.

• Page 8, Line 1(4)  Counties that meet A county that meets at least two of the

• Page 8, Line 2following criteria qualify for need-based grants for underfunded courthouse court or jail facilities pursuant to this part 3:

• Page 8, Line 3(5)  A grant may also be awarded to a county to be used to

• Page 8, Line 4pay up to fifty percent of a county's annual voter-approved debt

• Page 8, Line 5service on any county-approved financing for capital construction or remodeling costs of a court or jail facility.

• Page 8, Line 6SECTION 6.  In Colorado Revised Statutes, amend 13-1-306 as follows:

• Page 8, Line 713-1-306.  Legislative review - repeal. The underfunded

• Page 8, Line 8courthouse court and jail facility cash fund commission repeals on

• Page 8, Line 9September 1, 2035. Prior to repeal, the underfunded courthouse court

• Page 8, Line 10and jail facility cash fund commission is subject to review as provided in section 24-34-104.

• Page 8, Line 11SECTION 7.  In Colorado Revised Statutes, 16-4-116, amend (2)(a)(I) as follows:

• Page 8, Line 1216-4-116.  Bond hearing officer. (2) (a) (I)  Each judicial district

• Page 8, Line 13that contains a county that is designated as a high priority or eligible

• Page 8, Line 14county by the underfunded courthouse court and jail facility cash fund

• Page 8, Line 15commission, created in section 13-1-303, has the right to have a bond

• Page 8, Line 16hearing officer conduct weekend and holiday bond hearings. The chief

• Page 8, Line 17judge of the judicial district shall notify the state court administrator if the

• Page 8, Line 18judicial district wants to have a bond hearing officer conduct bond hearings on a weekend or holiday.

• Page 8, Line 19SECTION 8.  In Colorado Revised Statutes, 24-34-104, amend

• Page 8, Line 20(36)(a)(VI) as follows:

• Page 9, Line 124-34-104.  General assembly review of regulatory agencies

• Page 9, Line 2and functions for repeal, continuation, or reestablishment - legislative

• Page 9, Line 3declaration - repeal. (36) (a)  The following agencies, functions, or both are scheduled for repeal on September 1, 2035:

• Page 9, Line 4(VI)  The underfunded courthouse court and jail facility cash fund commission created in part 3 of article 1 of title 13.

• Page 9, Line 5SECTION 9.  Safety clause. The general assembly finds,

• Page 9, Line 6determines, and declares that this act is necessary for the immediate

• Page 9, Line 7preservation of the public peace, health, or safety or for appropriations for

• Page 9, Line 8the support and maintenance of the departments of the state and state institutions.