SENATE BILL 22-183
BY SENATOR(S) Winter and Gardner, Bridges, Buckner, Cooke,
Danielson, Donovan, Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis,
Kolker, Lee, Moreno, Pettersen, Priola, Simpson, Story, Fenberg;
also REPRESENTATIVE(S) Duran and Weissman, Amabile, Benavidez,
Bernett, Bird, Boesenecker, Cutter, Esgar, Exum, Froelich,
Gonzales-Gutierrez, Hooton, Lindsay, Lontine, McCluskie, McCormick,
Michaelson Jenet, Mullica, Ricks, Roberts, Sirota, Snyder, Sullivan, Titone,
Valdez D., Woodrow, Young, Garnett.
C
ONCERNING PROGRAMS THAT PROVIDE SERVICES TO CRIME VICTIMS .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, amend 26-7.5-101 as
follows:
26-7.5-101. Legislative declaration. (1) The general assembly
hereby
finds that:
(a) A significant number of homicides, aggravated assaults, assaults
and batteries, and other types of abuse and coercive control occur within the
home COLORADO; that the reported incidence of domestic abuse VIOLENCE
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. AND SEXUAL ASSAULT represents only a portion of the total number of
incidents of domestic abuse VIOLENCE AND SEXUAL ASSAULT ; that a large
percentage of police officer deaths in the line of duty result from police
intervention in domestic abuse situations; and that domestic abuse
VIOLENCE AND SEXUAL ASSAULT is a complex problem affecting families
from all social and economic backgrounds; It is the purpose of this article
to encourage the development of domestic abuse programs by units of local
government and nongovernmental agencies.
(b) DOMESTIC VIOLENCE AND SEXUAL ASSAULT CAN HAVE HARMFUL
AND LASTING CONSEQUENCES FOR VICTIMS
, FAMILIES, COMMUNITIES, AND
THE STATE
. DOMESTIC VIOLENCE AND SEXUAL ASSAULT HAVE A PROFOUND
IMPACT ON NOT ONLY VICTIMS
' PHYSICAL, PSYCHOLOGICAL, AND SOCIAL
WELL
-BEING, BUT ALSO ON INDIVIDUALS' ECONOMIC STABILITY AND THE
STATE
'S ECONOMY. ECONOMIC IMPACTS OFTEN INCLUDE CRIMINAL AND CIVIL
LEGAL SYSTEM COSTS
, MEDICAL AND BEHAVIORAL HEALTH EXPENDITURES ,
LOWER WAGES RESULTING FROM DIMINISHED EDUCATIONAL ATTAINMENT ,
LOST WAGES FROM MISSED WORK , JOB LOSS, DEBT AND POOR CREDIT, AND
COSTS ASSOCIATED WITH HOUSING INSTABILITY
.
(c) T
HE BEST AVAILABLE RESEARCH SHOWS THAT DOMESTIC
VIOLENCE AND SEXUAL ASSAULT OCCUR AT RELATIVELY EQUAL RATES
.
R
ESEARCH ALSO SHOWS THAT INDIVIDUALS FROM POPULATIONS
UNDERSERVED DUE TO GEOGRAPHIC LOCATION
, RELIGION, SEXUAL
ORIENTATION
, GENDER IDENTITY, RACE OR ETHNICITY, LANGUAGE BARRIERS,
DISABILITIES, ALIENAGE, AND AGE EXPERIENCE DOMESTIC VIOLENCE AND
SEXUAL ASSAULT AT HIGHER RATES AND FACE GREATER CHALLENGES IN
ACCESSING SERVICES THAN THE GENERAL POPULATION
. THEREFORE,
FUNDING SHOULD ENSURE EQUAL SUPPORT FOR DOMESTIC VIOLENCE AND
SEXUAL ASSAULT SERVICES AS WELL AS SUPPORT FOR SERVICES FOR
UNDERSERVED POPULATIONS AND CULTURALLY SPECIFIC PROGRAMS
.
(d) C
OMMUNITY-BASED ADVOCATES ARE UNIQUELY POSITIONED TO
OFFER VICTIMS VARIOUS OPTIONS FOR SERVICES AND TO SUPPORT THE
CHOICES VICTIMS MAKE
. COMMUNITY-BASED ADVOCATES FOCUS PRIMARILY
ON THE NEEDS
, CHOICES, AND INPUT OF THE VICTIM. THEREFORE, THE
GENERAL ASSEMBLY DECLARES THAT COMMUNITY
-BASED ADVOCATES ARE
A CRITICAL COMPONENT OF A VICTIM
-CENTERED RESPONSE TO DOMESTIC
VIOLENCE AND SEXUAL ASSAULT
.
PAGE 2-SENATE BILL 22-183 (e) IN A CONTINUED EFFORT TO PROMOTE INCREASED DIVERSITY
AMONG THE FUNDED VICTIM SERVICE ORGANIZATIONS
, IT IS THE INTENT OF
THE GENERAL ASSEMBLY THAT
, IN ADMINISTERING THIS ARTICLE 7.5, THE
STATE DEPARTMENT IDENTIFY ADDITIONAL MEASURES TO ADDRESS
BARRIERS THAT HISTORICALLY UNDERSERVED VICTIMS
, INCLUDING PEOPLE
OF COLOR
, FACE IN ACCESSING VICTIM SERVICES.
SECTION 2. In Colorado Revised Statutes, amend 26-7.5-102 as
follows:
26-7.5-102. Definitions. As used in this article
ARTICLE 7.5, unless
the context otherwise requires:
(1) "Domestic abuse" means any act or threatened act of violence,
including any forceful detention of an individual, which results or threatens
to result in physical injury and which is committed by a person eighteen
years of age or older against another person who is a relative or who is
living in the same domicile "CULTURALLY SPECIFIC PROGRAM " MEANS A
PROGRAM OPERATED BY A NONGOVERNMENTAL AGENCY OR TRIBAL
ORGANIZATION WITH THE PRIMARY PURPOSE OF PROVIDING CULTURALLY
SPECIFIC AND CULTURALLY RESPONSIVE SERVICES BY PROVIDERS FROM
DIVERSE CULTURAL BACKGROUNDS TO
AMERICAN INDIANS, INCLUDING
ALASKA NATIVES, ESKIMOS, AND ALEUTS; ASIAN AMERICANS; NATIVE
HAWAIIANS AND OTHER PACIFIC ISLANDERS; BLACKS; HISPANICS; OR ANY
UNDERSERVED POPULATION IN ORDER TO ASSIST VICTIMS OF DOMESTIC
VIOLENCE AND SEXUAL ASSAULT
, WHICH MAY INCLUDE ACTS OF TEEN
DATING VIOLENCE OR STALKING
.
(2) "D
OMESTIC VIOLENCE" MEANS AN ACT OR PATTERN OF BEHAVIOR
IN WHICH A PERSON USES OR THREATENS TO USE PHYSICAL
, SEXUAL,
MENTAL, OR EMOTIONAL ABUSE TO CONTROL ANOTHER INDIVIDUAL WITH
WHOM THE PERSON IS OR WAS IN AN INTIMATE RELATIONSHIP
.
(2)
(3) "Domestic abuse VIOLENCE program" means a culturally and
linguistically appropriate community-based or community-oriented
program, which may include residential facilities, and which
THAT USES
VICTIM ADVOCATES
, AS DEFINED IN SECTION 13-90-107 (1)(k), AND THAT is
operated by a unit of local government or
a nongovernmental agency OR
FEDERALLY RECOGNIZED
INDIAN TRIBE and established pursuant to the
criteria set forth in section 26-7.5-103, to assist victims of domestic abuse
PAGE 3-SENATE BILL 22-183 VIOLENCE and their dependents, INCLUDING VICTIMS OF TEEN DATING
VIOLENCE OR STALKING
.
(3)
(4) "Nongovernmental agency" means any person, private
nonprofit agency, corporation, or other nongovernmental agency.
(4) "Unit of local government" means a county, city and county,
city, town, or municipality.
(5) "SEXUAL ASSAULT" MEANS ANY ACT OR THREATENED ACT THAT
IS SEXUAL IN NATURE OR INTENT
, AND CAUSES HARM, INCLUDING SEXUAL
HARASSMENT
, SEXUAL ABUSE, SEXUAL ASSAULT, AND RAPE.
(6) "S
EXUAL ASSAULT PROGRAM " MEANS A CULTURALLY AND
LINGUISTICALLY APPROPRIATE COMMUNITY
-BASED OR
COMMUNITY
-ORIENTED PROGRAM TO ASSIST VICTIMS OF SEXUAL ASSAULT ,
WHICH MAY INCLUDE TEEN DATING VIOLENCE OR STALKING , THAT USES
VICTIM ADVOCATES
, AS DEFINED IN SECTION 13-90-107 (1)(k), AND THAT IS
OPERATED BY A NONGOVERNMENTAL AGENCY OR FEDERALLY RECOGNIZED
INDIAN TRIBE AND IS ESTABLISHED PURSUANT TO THE CRITERIA SET FORTH
IN SECTION
26-7.5-103.
(7) "S
TALKING" MEANS ANY ACT DESCRIBED IN SECTION 18-3-602.
(8) "S
TATE DOMESTIC VIOLENCE OR SEXUAL ASSAULT COALITION "
MEANS A COALITION DESIGNATED AS THE STATE DOMESTIC VIOLENCE
COALITION BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES
OR DESIGNATED AS THE STATE SEXUAL ASSAULT COALITION BY THE FEDERAL
CENTERS FOR DISEASE CONTROL AND PREVENTION
.
(9) "T
EEN DATING VIOLENCE" MEANS:
(a) A
PATTERN OF BEHAVIOR IN WHICH A PERSON USES OR
THREATENS TO USE PHYSICAL
, SEXUAL, MENTAL, OR EMOTIONAL ABUSE TO
CONTROL ANOTHER PERSON WHO IS IN A DATING RELATIONSHIP WITH THE
PERSON
, AND ONE OR BOTH PERSONS ARE UNDER EIGHTEEN YEARS OF AGE ;
OR
(b) BEHAVIOR BY WHICH A PERSON USES OR THREATENS TO USE
SEXUAL VIOLENCE AGAINST ANOTHER PERSON WHO IS IN A DATING
PAGE 4-SENATE BILL 22-183 RELATIONSHIP WITH THE PERSON, AND ONE OR BOTH PERSONS ARE UNDER
EIGHTEEN YEARS OF AGE
.
(10) "T
RIBAL DOMESTIC VIOLENCE OR SEXUAL ASSAULT COALITION "
MEANS A TRIBAL COALITION THAT PROVIDES SERVICES TO VICTIMS OF
DOMESTIC VIOLENCE OR SEXUAL ASSAULT AND THAT SATISFIES THE CRITERIA
SET FORTH IN
34 U.S.C. SEC. 10441 (d)(2)(A).
(11) "U
NDERSERVED POPULATION " MEANS A POPULATION THAT
FACES BARRIERS IN ACCESSING AND USING VICTIM SERVICES
, AND INCLUDES
A POPULATION UNDERSERVED BECAUSE OF RELIGION
, SEXUAL ORIENTATION,
GENDER IDENTITY, RACE OR ETHNICITY, LANGUAGE BARRIERS, DISABILITIES,
ALIENAGE, AGE, OR GEOGRAPHIC LOCATION.
SECTION 3. In Colorado Revised Statutes, amend 26-7.5-103 as
follows:
26-7.5-103. Domestic violence, sexual assault, or culturally
specific programs - criteria. (1) A domestic abuse
VIOLENCE, SEXUAL
ASSAULT
, OR CULTURALLY SPECIFIC program established pursuant to this
article
ARTICLE 7.5 shall provide, but not be limited to:
(a) Counseling for persons who are victims of domestic abuse and
their dependents and for persons who cause domestic abuse DIRECT
ADVOCACY OR COUNSELING FOR PERSONS WHO ARE VICTIMS OF DOMESTIC
VIOLENCE OR SEXUAL ASSAULT
, AND THEIR DEPENDENTS, AND SUPPORT FOR
THE VICTIMS
' ANIMAL COMPANIONS;
(b) Advocacy
Programs that assist victims OF DOMESTIC VIOLENCE
OR SEXUAL ASSAULT
, AND THEIR DEPENDENTS, in obtaining services and
information;
(c) Educational
AND PREVENTION programs ON DOMESTIC VIOLENCE
OR SEXUAL ASSAULT
designed for both THE community at large and
specialized groups such as medical personnel and law enforcement officials.
(2) Domestic abuse
VIOLENCE, SEXUAL ASSAULT, OR CULTURALLY
SPECIFIC
programs shall utilize the resources of the community in meeting
the personal and family needs of participants.
PAGE 5-SENATE BILL 22-183 (3) As a part of a domestic abuse VIOLENCE, SEXUAL ASSAULT, OR
CULTURALLY SPECIFIC
program, a domestic abuse
facility may be
established to provide residential accommodations to victims of domestic
abuse
VIOLENCE AND SEXUAL ASSAULT , and their dependents.
(4) D
OMESTIC VIOLENCE, SEXUAL ASSAULT, AND CULTURALLY
SPECIFIC PROGRAMS MAY PARTICIPATE IN
, DEVELOP, IMPLEMENT, OR
ENHANCE COORDINATED COMMUNITY RESPONSE TEAMS
, SEXUAL ASSAULT
RESPONSE TEAMS
, OR SIMILAR COORDINATED COMMUNITY RESPONSES TO
DOMESTIC VIOLENCE AND SEXUAL ASSAULT
.
SECTION 4. In Colorado Revised Statutes, amend 26-7.5-104 as
follows:
26-7.5-104. Community domestic violence, sexual assault, or
culturally specific programs - contracts with state department - rules
and regulations. (1) The executive director may enter into contracts or
agreements for services with any unit of local government or
nongovernmental agency which OR FEDERALLY RECOGNIZED INDIAN TRIBE
THAT
has established and which
THAT operates a community domestic abuse
VIOLENCE, SEXUAL ASSAULT, OR CULTURALLY SPECIFIC program or with a
unit of local government or nongovernmental agency which has
subcontracted with a nongovernmental agency for domestic abuse VIOLENCE
OR SEXUAL ASSAULT
program services.
(2) (a) The state department shall establish, by rule, and enforce
standards and regulations for all domestic abuse
VIOLENCE, SEXUAL
ASSAULT
, OR CULTURALLY SPECIFIC programs established pursuant to this
article
ARTICLE 7.5 and shall require that each such domestic abuse
VIOLENCE, SEXUAL ASSAULT, OR CULTURALLY SPECIFIC program meets
approved minimum standards as established by rule.
(b) The standards and regulations established by the state
department shall require, at a minimum, each domestic abuse program to
request information from each client served by the program concerning the
relationship of the client to the alleged perpetrator of the domestic abuse.
The standards and regulations shall require each domestic abuse program
to report such information to the state department.
SECTION 5. In Colorado Revised Statutes, add 26-7.5-104.5 as
PAGE 6-SENATE BILL 22-183 follows:
26-7.5-104.5. Domestic violence and sexual assault coalitions -
contracts - duties - coalition agreements with programs. (1) T
HE STATE
DEPARTMENT MAY ENTER INTO A CONTRACT OR AGREEMENT WITH A STATE
OR TRIBAL DOMESTIC VIOLENCE OR SEXUAL ASSAULT COALITION
, REFERRED
TO IN THIS SECTION AS A
"COALITION", FOR PROGRAM SERVICES AND OTHER
SERVICES DESCRIBED IN THIS SECTION
.
(2) A
COALITION THAT ENTERS INTO A CONTRACT OR AGREEMENT
WITH THE DEPARTMENT SHALL
, AT A MINIMUM, PROVIDE TRAINING AND
TECHNICAL ASSISTANCE FOR DOMESTIC VIOLENCE
, SEXUAL ASSAULT, OR
CULTURALLY SPECIFIC PROGRAMS AND OTHER NONGOVERNMENTAL AND
GOVERNMENTAL SERVICE PROVIDERS
.
(3) A
COALITION THAT ENTERS INTO A CONTRACT OR AGREEMENT
WITH THE DEPARTMENT MAY
:
(a) P
ARTICIPATE IN SYSTEMS ADVOCACY , INCLUDING BUT NOT
LIMITED TO REPRESENTING THE NEEDS OF DOMESTIC VIOLENCE
, SEXUAL
ASSAULT
, OR CULTURALLY SPECIFIC PROGRAMS AND VICTIMS OF DOMESTIC
VIOLENCE OR SEXUAL ASSAULT ON STATE BOARDS
, COMMITTEES, TASK
FORCES
, AND WORKGROUPS;
(b) D
EVELOP AND IMPLEMENT POLICIES TO IMPROVE THE RESPONSE
TO AND PREVENTION OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT
; AND
(c) CONDUCT STATEWIDE COMMUNITY OUTREACH AND PUBLIC
EDUCATION RELATED TO DOMESTIC VIOLENCE OR SEXUAL ASSAULT
.
(4) A
COALITION MAY SUBCONTRACT WITH A NONGOVERNMENTAL
AGENCY OR FEDERALLY RECOGNIZED
INDIAN TRIBE THAT OPERATES A
COMMUNITY DOMESTIC VIOLENCE
, SEXUAL ASSAULT, OR CULTURALLY
SPECIFIC PROGRAM TO PROVIDE PROGRAM SERVICES
.
SECTION 6. In Colorado Revised Statutes, 26-7.5-105, amend (1);
and add (4) as follows:
26-7.5-105. Funding of domestic violence, sexual assault, or
culturally specific programs - funding coalitions - state domestic
PAGE 7-SENATE BILL 22-183 violence and sexual assault services fund - repeal. (1) (a) Any THE
STATE DEPARTMENT SHALL
, SUBJECT TO AVAILABLE APPROPRIATIONS ,
REIMBURSE A nongovernmental agency or unit of local governmentFEDERALLY RECOGNIZED INDIAN TRIBE operating a domestic abuse
VIOLENCE, SEXUAL ASSAULT, OR CULTURALLY SPECIFIC program OR A STATE
OR TRIBAL DOMESTIC VIOLENCE OR SEXUAL ASSAULT COALITION
pursuant
to this article shall, subject to available appropriations, be reimbursed by thestate department ARTICLE 7.5. at a rate to be set by the general assembly in
the annual appropriation bill. Not less than seventy-five percent of all
contract funding under this article shall ARTICLE 7.5 MUST be allocated to
nongovernmental agencies.
(b) Money generated from fees collected pursuant to part 1 of article
2 of title 14 and article 15 of title 14 or transferred pursuant to section
13-32-101 (5)(a)(X) or (5)(b)(II) shall
MUST be used to reimburse domestic
abuse VIOLENCE, SEXUAL ASSAULT, OR CULTURALLY SPECIFIC programs that
provide services as provided in section 26-7.5-103 to persons or their
families, which persons are married, separated, or divorced or parties to a
civil union or an invalidated, legally separated, or dissolved civil union.
(4) (a) T
HE STATE DOMESTIC VIOLENCE AND SEXUAL ASSAULT
SERVICES FUND IS CREATED IN THE STATE TREASURY
, AND IS REFERRED TO
IN THIS SUBSECTION
(4) AS THE "FUND". THE FUND CONSISTS OF MONEY
TRANSFERRED TO THE FUND PURSUANT TO SUBSECTION
(4)(b) OF THIS
SECTION
. MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
STATE DEPARTMENT FOR ANY PURPOSE DESCRIBED IN THIS ARTICLE
7.5 THAT
CONFORMS WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL
"AMERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2.
(b) W
ITHIN THREE DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION
, THE STATE TREASURER SHALL TRANSFER SIX MILLION DOLLARS TO
THE FUND FROM THE BEHAVIORAL AND MENTAL HEALTH CASH FUND
,
CREATED IN SECTION 24-75-230.
(c) T
HE STATE DEPARTMENT AND EACH RECIPIENT OF MONEY FROM
THE 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).
PAGE 8-SENATE BILL 22-183 (d) THE STATE DEPARTMENT SHALL ANNUALLY PUBLISH ON ITS
WEBSITE
:
(I) F
OR EACH ORGANIZATION THAT RECEIVES FUNDING PURSUANT TO
THIS ARTICLE
7.5, THE NAME OF THE ORGANIZATION , AMOUNT OF THE
FUNDING RECEIVED
, THE NUMBER AND TYPES OF CRIMES FOR WHICH VICTIMS
ARE SERVED
, AND THE SERVICES PROVIDED WITH THE FUNDING ;
(II) T
HE FOLLOWING INFORMATION FROM ORGANIZATIONS THAT
RECEIVE FUNDING
, 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 THE FUNDING
; AND
(III) 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 FUNDING
. THE STATE DEPARTMENT SHALL
MAKE ITS BEST EFFORT TO COLLECT THE INFORMATION DESCRIBED IN THIS
SUBSECTION
(4)(d)(III).
(e) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2027.
SECTION 7. In Colorado Revised Statutes, add 24-33.5-505.5 as
follows:
24-33.5-505.5. Colorado crime victim services fund - creation -
uses - applications for grants - legislative declaration - repeal. (1) T
HE
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) A
LL 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
PAGE 9-SENATE BILL 22-183 NEEDED AS PART OF THE INITIAL CRISIS RESPONSE, AT THE BEGINNING OF A
VICTIM
'S HEALING, AND IN LONG-TERM HEALING.
(c) P
EOPLE OF COLOR HAVE MUCH HIGHER RATES OF VIOLENT CRIME
VICTIMIZATION
;
(d) B
ECAUSE 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) T
HE 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 F UND PURSUANT TO
SUBSECTION
(4) OF THIS SECTION AND ANY OTHER MONEY THAT THE
GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND
. MONEY
IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE DIVISION FOR CRIME
VICTIM SERVICES GRANTS
, AS DESCRIBED IN SUBSECTION (3) OF THIS
SECTION
.
(3) T
HE 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
, INCLUDING SERVICES PERMITTED
PURSUANT TO THE FEDERAL
"AMERICAN RESCUE PLAN ACT OF 2021",
P
UB.L. 117-2. 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) W
ITHIN THREE DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION
, THE STATE TREASURER SHALL TRANSFER THIRTY -TWO MILLION
PAGE 10-SENATE BILL 22-183 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
.
(5) (a) T
HE 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
.
(b) T
HE DIVISION AND EACH RECIPIENT OF MONEY FROM THE 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) T
HE DIVISION SHALL ANNUALLY PUBLISH ON ITS WEBSITE :
(a) F
OR 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) T
HE 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) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2027.
SECTION 8. In Colorado Revised Statutes, 24-33.5-507, amend
(1) as follows:
PAGE 11-SENATE BILL 22-183 24-33.5-507. Application for grants. (1) The division shall accept
applications from agencies and organizations requesting grants of moneys
MONEY for the following purposes, including, but not limited to, the
provision of services, training programs,
MASS TRAGEDY RESPONSE ,
additional personnel, and equipment and operating expenses related to
victim assistance and notification programs. The crime victim services
advisory board created in section 24-4.1-117.3 (1) shall evaluate the
applications and make recommendations to the division.
SECTION 9. In Colorado Revised Statutes, 24-4.1-117.3, amend
(2)(c) and (2)(e) as follows:
24-4.1-117.3. Crime victim services advisory board - creation -
duties. (2) (c) The term of office for each member of the advisory board
shall be
IS three years. except that, of the members first appointed, six
members shall be appointed to serve one-year terms and six members shall
be appointed to serve two-year terms. A MEMBER SHALL NOT SERVE MORE
THAN THREE CONSECUTIVE THREE
-YEAR TERMS. A MEMBER OF THE
ADVISORY BOARD ON THE EFFECTIVE DATE OF SENATE BILL
22-183, ENACTED
IN
2022, WHO HAS SERVED MORE THAN THREE CONSECUTIVE TERMS MAY
SERVE THE REMAINDER OF THE MEMBER
'S CURRENT TERM, BUT SHALL NOT
SERVE A CONSECUTIVE SUBSEQUENT TERM
.
(e) The executive director shall appoint the initial members of the
advisory board on or before August 1, 2009. The executive director may
reappoint a person to serve an unlimited number of consecutive terms.
SUBSEQUENT TERMS ON THE ADVISORY BOARD , BUT THE EXECUTIVE
DIRECTOR SHALL NOT APPOINT A PERSON TO SERVE MORE THAN THREE
CONSECUTIVE TERMS
. The executive director shall annually appoint a
chairperson of the advisory board who shall preside over the advisory
board's meetings.
SECTION 10. In Colorado Revised Statutes, 24-1.9-102, amend
(1)(a)(VIII) as follows:
24-1.9-102. Memorandum of understanding - local-level
interagency oversight groups - individualized service and support
teams - coordination of services for children and families -
requirements - waiver. (1) (a) Local representatives of each of the
agencies specified in this subsection (1)(a) and county departments of
PAGE 12-SENATE BILL 22-183 human or social services may enter into memorandums of understanding
that are designed to promote a collaborative system of local-level
interagency oversight groups and individualized service and support teams
to coordinate and manage the provision of services to children and families
who would benefit from integrated multi-agency services. The
memorandums of understanding entered into pursuant to this subsection (1)
must be between interested county departments of human or social services
and local representatives of each of the following agencies or entities:
(VIII) A domestic abuse
VIOLENCE program as defined in section
26-7.5-102, C.R.S., if representation from such a program is available.
SECTION 11. In Colorado Revised Statutes, 14-15-107, amend
(5)(k) as follows:
14-15-107. Rights, benefits, protections, duties, obligations,
responsibilities, and other incidents of parties to a civil union. (5)
Rights, benefits, protections, duties, obligations, responsibilities, and other
incidents under law as are granted to or imposed upon spouses, that apply
in like manner to parties to a civil union under this section, include but are
not limited to:
(k) Domestic abuse
VIOLENCE programs pursuant to article 7.5 of
title 26, C.R.S., emergency protection orders pursuant to section 13-14-103,
C.R.S., and the right to receive the protections and programs specified in
part 8 of article 6 of title 18; C.R.S.;
SECTION 12. In Colorado Revised Statutes, 26-1-201, amend
(1)(j) as follows:
26-1-201. Programs administered - services provided -
department of human services. (1) This section specifies the programs to
be administered and the services to be provided by the department of human
services. These programs and services include the following:
(j) The domestic abuse
VIOLENCE, SEXUAL ASSAULT , OR
CULTURALLY SPECIFIC
programs, as specified in article 7.5 of this title;
SECTION 13. In Colorado Revised Statutes, 24-4.2-103, add (1.8)
as follows:
PAGE 13-SENATE BILL 22-183 24-4.2-103. Victims and witnesses assistance and law
enforcement fund - control of fund. (1.8) (a) W
ITHIN THREE DAYS AFTER
THE EFFECTIVE DATE OF THIS SUBSECTION
(1.8), THE STATE TREASURER
SHALL TRANSFER THREE MILLION DOLLARS TO THE FUND FROM THE
ECONOMIC RECOVERY AND RELIEF CASH FUND CREATED IN SECTION
24-75-228 FOR DISTRIBUTION TO DISTRICT ATTORNEYS' OFFICES FOR VICTIMS
AND WITNESSES PROGRAMS AND PURPOSES DESCRIBED IN SECTIONS
24-4.2-103 AND 24-4.2-105. THE OFFICE OF THE STATE COURT
ADMINISTRATOR SHALL
, IN CONSULTATION WITH THE DIVISION OF CRIMINAL
JUSTICE AND THE VICTIMS AND WITNESS ASSISTANCE AND LAW
ENFORCEMENT PROGRAM ADMINISTRATORS IN EACH JUDICIAL DISTRICT
,
DISTRIBUTE THE MONEY TRANSFERRED PURSUANT TO THIS SUBSECTION (1.8)
BASED ON NEED.
(b) T
HE JUDICIAL DEPARTMENT AND EACH RECIPIENT OF MONEY
FROM THE 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).
(c) N
OTWITHSTANDING THE PROVISIONS OF SUBSECTION (4) OF THIS
SECTION
, A DISTRICT ATTORNEY'S OFFICE MAY USE UP TO TEN PERCENT OF
ANY MONEY DISTRIBUTED PURSUANT TO THIS SUBSECTION
(1.8) FOR
DEVELOPMENT AND ADMINISTRATIVE COSTS INCURRED BY THE DISTRICT
ATTORNEY
'S OFFICE PURSUANT TO THIS SECTION.
(d) T
HE REQUIREMENTS SET FORTH IN SECTION 24-4.2-105 (1) DO
NOT APPLY TO THIS SUBSECTION
(1.8).
SECTION 14. In Colorado Revised Statutes, 25-20.5-801, amend
(9)(e); and add (10) as follows:
25-20.5-801. Community crime victims grant program - created
- cash fund - repeal. (9) (e) The state treasurer shall transfer all
unexpended and unencumbered money in the fund on September 1, 2023
SEPTEMBER 1, 2024, to the general fund.
(10) (a) O
N JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER
ONE MILLION DOLLARS FROM THE GENERAL FUND TO THE COMMUNITY CRIME
VICTIMS GRANT PROGRAM CASH FUND CREATED IN SUBSECTION
(9) OF THIS
PAGE 14-SENATE BILL 22-183 SECTION.
(b) T
HIS SUBSECTION (10) IS REPEALED, EFFECTIVE JULY 1, 2023.
SECTION 15. In Colorado Revised Statutes, 24-75-228, add
(2)(b)(III) as follows:
24-75-228. Economic recovery and relief cash fund - creation -
allowable uses - interim task force - report - legislative declaration -
definitions - repeal. (2) (b) In addition to the uses set forth in subsection
(2)(a) of this section:
(III) M
ONEY FROM THE FUND MAY BE USED FOR DOMESTIC
VIOLENCE
, SEXUAL ASSAULT , OR CULTURALLY SPECIFIC PROGRAMS
DESCRIBED IN ARTICLE
7.5 OF TITLE 26; CRIME VICTIM SERVICES FUNDED
THROUGH THE
COLORADO CRIME VICTIM SERVICES FUND ESTABLISHED IN
SECTION
24-33.5-505.5; AND SERVICES FUNDED THROUGH THE VICTIMS AND
WITNESSES ASSISTANCE AND LAW ENFORCEMENT FUND DESCRIBED IN
SECTION
24-4.2-103.
SECTION 16. In Session Laws of Colorado 2021, section 9 of
chapter 291, amend (5) and (8) as follows:
Section 9. Appropriation. (5) For the 2021-22 state fiscal year,
$1,500,000 is appropriated to the department of public safety for use by the
division of criminal justice. This appropriation is from reappropriated funds
in the victims assistance and law enforcement fund under subsection (4) of
this section. To implement this act, the division may use this appropriation
for the state victims assistance and law enforcement program. A
NY MONEY
APPROPRIATED IN THIS SUBSECTION
(5) NOT EXPENDED PRIOR TO JULY 1,
2022,
IS FURTHER APPROPRIATED TO THE DEPARTMENT FOR THE 2022-23
AND 2023-24 STATE FISCAL YEARS FOR THE SAME PURPOSE .
(8) For the 2021-22 state fiscal year, $4,750,000 is appropriated to
the department of human services for use by the office of self sufficiency.
This appropriation is from reappropriated funds in the Colorado domestic
abuse program fund under subsection (7) of this section. To implement this
act, the office may use this appropriation for the domestic abuse program.
A
NY MONEY APPROPRIATED IN THIS SUBSECTION (8) NOT EXPENDED PRIOR
TO
JULY 1, 2022, IS FURTHER APPROPRIATED TO THE DEPARTMENT FOR THE
PAGE 15-SENATE BILL 22-183 2022-23 AND 2023-24 STATE FISCAL YEARS FOR THE SAME PURPOSE .
SECTION 17. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 16-SENATE BILL 22-183