Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 24-0636.01 Megan McCall x4215 SENATE BILL 24-120 Senate Committees House Committees Judiciary Finance Appropriations A BILL FOR AN ACT C ONCERNING UPDATES TO THE "CRIME VICTIM COMPENSATION ACT".101 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 .) The bill makes the following updates to the "Crime Victim Compensation Act" (act): ! Changes verbiage concerning an award of compensation to approval of compensation for consistency with how crime victim compensation programs operate; ! Revises language to be gender neutral; ! Changes the terminology for court administrator to court executive to reflect the accurate position title as changed by SENATE 3rd Reading Unamended May 1, 2024 SENATE Amended 2nd Reading April 30, 2024 SENATE SPONSORSHIP Fields, Bridges, Buckner, Cutter, Jaquez Lewis, Kirkmeyer, Kolker, Liston, Lundeen, Marchman, Michaelson Jenet, Mullica, Priola, Winter F. HOUSE SPONSORSHIP Bird, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. the state court administrator's office; ! Includes state offenses specified in the "Victim Rights Act" under the definition of compensable crime; ! Includes as property damage expenses incurred for a motor vehicle determined by law enforcement to be where a compensable crime was committed; ! Modifies the requirement to notify appropriate law enforcement officials to be eligible to receive compensation under the act by removing the 72-hour requirement. The requirement is met if the victim or applicant provides documentation that a forensic examination was conducted by a licensed or registered nurse or medical providers. ! Modifies the requirement to fully cooperate with law enforcement officials to be eligible to receive compensation under the act to requiring the applicant to have reasonably cooperated with law enforcement officials; ! Removes the requirement that an application be submitted within one year of the date of injury to the victim; ! Removes outpatient care and homemaker and home health services and adds replacement services losses, which is defined in the bill, funeral expenses, certain travel expenses, dependent care services, and certain relocation services as losses compensable under the act; ! Adds as compensable losses towing or impound fees for a motor vehicle that is determined to be where a compensable crime was committed and prosthetic or medically necessary devices were damaged or stolen as a result of a compensable crime; ! Excludes property damage expenses and motor vehicle expenses as losses compensable under the act except as otherwise provided under the act; ! Allows for emergency approvals to be made in an amount according to a judicial district's crime victim compensation board's policies instead of the $2,000 cap under existing law; ! Increases the amount that district attorneys may retain from money deposited in the judicial district's crime victim compensation fund for administrative costs from 12.5% to 22.5%; ! Levies a cost of $33 on each criminal action that results with placement in an alternative sentencing program to be credited to the crime victim compensation fund established in the judicial district where the offense occurred; and ! Removes the exception from the prohibition from a court 120 -2- suspending or waiving a cost or surcharge levied under the act if the court determines a defendant against a cost or surcharge levied is indigent. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 24-4.1-102, amend2 (1), (4)(a)(I), (4)(b), (5)(b), (7.5), (8.5)(b), (9), (10)(a), (10)(b), and3 (10)(c); and add (9.5) as follows:4 24-4.1-102. Definitions. As used in this part 1, unless the context5 otherwise requires:6 (1) "Applicant" means any victim of a compensable crime who7 applies to the fund for compensation under this part 1. In the case of such8 A victim's death, the term includes any person who was his THE VICTIM'S9 dependent at the time of the death of that victim.10 (4) (a) "Compensable crime" means:11 (I) An intentional, knowing, reckless, or criminally negligent act12 of a person or any act in violation of section 42-4-1301 (1) or (2) C.R.S.,13 that results in residential property damage to or bodily injury or death of14 another person or results in loss of or damage to eyeglasses, dentures,15 hearing aids, or other prosthetic or medically necessary devices and16 which, if committed by a person of full legal capacity, is punishable as a17 crime in this state; or18 (b) "Compensable crime" includes, BUT IS NOT LIMITED TO, ANY19 STATE OFFENSE THAT IS A CRIME PURSUANT TO SECTION 24-4.1-302 (1)20 AND ANY federal offenses that are OFFENSE THAT IS comparable to those21 specified in paragraph (a) of this subsection (4) SUBSECTION (4)(a) OF22 THIS SECTION and are IS committed in this state.23 (5) (b) "Dependent" also means the A child or spouse INTIMATE24 120-3- PARTNER of the accused or other person in an intimate relationship, as1 defined in section 18-6-800.3, C.R.S., with the accused, if the accused2 provided household support to the dependent.3 (7.5) "Household support" means the monetary support that a4 dependent would have received from the accused for the purpose of5 maintaining a home or residence AND DEPENDENT CARE.6 (8.5) (b) "Property damage" also includes expenses related to the7 rekeying of a motor vehicle or other locks necessary to ensure a victim's8 safety AND MAY INCLUDE EXPENSES INCURRED FOR A MOTOR VEHICLE9 THAT IS DETERMINED BY LAW ENFORCEMENT TO BE WHERE A10 COMPENSABLE CRIME WAS COMMITTED .11 (9) "Relative" means a victim's spouse, INTIMATE PARTNER,12 parent, grandparent, stepfather, stepmother, child, grandchild, brother,13 sister, half brother, half sister, or spouse's parents. The term includes said14 relationships that are created as a result of adoption. In addition,15 "relative" includes any person who has a family-type relationship with a16 victim.17 (9.5) "R EPLACEMENT SERVICES LOSS " MEANS EXPENSES18 REASONABLY INCURRED IN OBTAINING NECESSARY SERVICES THAT AN19 INJURED OR DECEASED VICTIM WOULD OTHERWISE HAVE PERFORMED FOR20 THE BENEFIT OF THE VICTIM'S SELF OR FAMILY, BUT NOT FOR INCOME, IF21 THE VICTIM HAD NOT BEEN INJURED OR DIED .22 (10) (a) "Victim" means any of the following persons who suffer23 property damage, economic loss, injury, or death as a result of a24 compensable crime perpetrated or attempted in whole or in part in this25 state:26 (I) Any person against whom a compensable crime is perpetrated27 120 -4- or attempted. Such A person shall be referred to as IS a "primary victim".1 (II) Any person who attempts to assist or assists a primary victim;2 (III) Any person who is a relative of a primary victim.3 (b) "Victim" also means a person who suffers injury or death, the4 proximate cause of which is a compensable crime perpetrated or5 attempted in the person's presence against a primary victim. S UCH A6 PERSON IS A "SECONDARY VICTIM" AND ALSO INCLUDES:7 (I) A NY PERSON WHO ATTEMPTS TO ASSIST OR ASSISTS A PRIMARY8 VICTIM; OR9 (II) A NY PERSON WHO IS A RELATIVE OF A PRIMARY VICTIM .10 (c) "Victim" also means a person who is a resident of this state11 and who is a victim of a crime that occurred outside of this state, where12 the crime would be a compensable crime had it occurred in this state and13 where the state or country in which the crime occurred does not have a14 REASONABLY ACCESSIBLE crime victim compensation program for which15 the person would be eligible.16 SECTION 2. In Colorado Revised Statutes, 24-4.1-103, amend17 (1) as follows:18 24-4.1-103. Crime victim compensation board - creation.19 (1) There is hereby created in each judicial district a crime victim20 compensation board. Each board shall be IS composed of three members21 to be appointed by the district attorney. The district attorney shall22 designate one of the members as chairman CHAIRPERSON. To the extent23 possible, members shall fairly reflect the population of the judicial24 district.25 SECTION 3. In Colorado Revised Statutes, amend 24-4.1-10426 as follows:27 120 -5- 24-4.1-104. District attorney to assist board. The district1 attorney and his THE DISTRICT ATTORNEY'S legal and administrative staff2 shall assist the board in the performance of its duties pursuant to this part3 1.4 SECTION 4. In Colorado Revised Statutes, 24-4.1-105, amend5 (1) and (3) as follows:6 24-4.1-105. Application for compensation. (1) A person who7 may be eligible for compensation under this part 1 may apply to the board8 in the judicial district in which the crime was committed. In a case in9 which the person entitled to apply is a minor, the application may be10 made on his THE MINOR'S behalf by his THE MINOR'S parent or guardian.11 In a case in which the person entitled to apply is mentally incompetent,12 the application may be made on his THE PERSON'S behalf by his THE13 PERSON'S parent, conservator, or guardian or by any other individual14 authorized to administer his THE PERSON'S estate.15 (3) If the applicant makes any false statement as to a material fact,16 he shall be THE APPLICANT IS ineligible for an award APPROVAL pursuant17 to this part 1.18 SECTION 5. In Colorado Revised Statutes, 24-4.1-108, amend19 (1) introductory portion, (1)(b), (1)(c), (1)(e), (1)(f), (1.5) introductory20 portion, (1.5)(c), (1.5)(d), (3), and (4) as follows:21 24-4.1-108. Approving compensation. (1) A person is entitled22 to an award APPROVAL of compensation under this part 1 if:23 (b) The appropriate law enforcement officials were notified of the24 perpetration of the crime allegedly causing the death of or injury to the25 victim. within seventy-two hours after its perpetration, unless the board26 finds good cause exists for the failure of notification; THE REQUIREMENT27 120 -6- TO NOTIFY THE APPROPRIATE LAW ENFORCEMENT OFFICIALS REQUIRED BY1 THIS SUBSECTION (1)(b) IS SATISFIED IF, AS THE RESULT OF THE2 COMPENSABLE CRIME THAT THE APPLICATION IS BEING SUBMITTED FOR ,3 THE VICTIM OR APPLICANT PROVIDES DOCUMENTATION THAT A FORENSIC4 EXAMINATION WAS CONDUCTED BY A LICENSED OR REGISTERED NURSE OR5 MEDICAL PROVIDER.6 (c) The applicant has cooperated fully REASONABLY with law7 enforcement officials in the apprehension and prosecution of the8 assailant, or the board has found good cause exists for the failure to9 cooperate, or, if the applicant is a victim of assault by strangulation, the10 applicant cooperates with law enforcement by undergoing a medical11 forensic examination;12 (e) The death of or injury to the victim was not substantially13 attributable to his THE VICTIM'S wrongful act or substantial provocation14 of his THE VICTIM'S assailant; and15 (f) The application for an award APPROVAL of compensation under16 this part 1 is filed with the board. within one year of the date of injury to17 the victim or within such further extension of time as the board, for good18 cause shown, allows. For purposes of this paragraph (f), "good cause"19 may include but is not limited to circumstances in which a crime has20 remained unsolved for more than one year.21 (1.5) A person is entitled to an award APPROVAL of compensation22 for property damage under this part 1 if:23 (c) The applicant has cooperated fully REASONABLY with law24 enforcement officials in the apprehension and prosecution of the assailant25 or the board has found THAT good cause exists for the failure to26 cooperate; and27 120 -7- (d) The application for an award APPROVAL of compensation for1 property damage under this part 1 is filed with the board within six2 months of the date of property damage or within such further extension3 of time as the board, for good cause shown, allows.4 (3) Upon a finding by the board that compensation should be5 awarded, APPROVED, the board shall submit a statement of award6 PAYMENT REQUEST to the court administrator EXECUTIVE, who shall remit7 payment in accordance with the statement of award PAYMENT REQUEST.8 (4) Consistent with approved standards established pursuant to9 section 24-4.1-117.3 (3) for the administration of crime victim10 compensation funds, the board may develop policies to ensure that11 primary victims are compensated and to ensure that available moneys12 MONEY in the fund are IS not exceeded.13 SECTION 6. In Colorado Revised Statutes, 24-4.1-109, amend14 (1)(e), (1.5)(a), (2)(a), and (2)(b); repeal (1)(c) and (1)(d); and add15 (1)(d.5), (1)(i), (1)(j), (1)(k), (1)(l), and (2)(d) as follows:16 24-4.1-109. Losses compensable. (1) Losses compensable under17 this part 1 resulting from death of or injury to a victim include:18 (c) Outpatient care;19 (d) Homemaker and home health services;20 (d.5) R EPLACEMENT SERVICES LOSSES;21 (e) F UNERAL AND burial expenses;22 (i) R EASONABLE TRAVEL EXPENSES FOR A VICTIM RELATED TO23 FUNERAL, BURIAL, MEDICAL CARE, OR MENTAL HEALTH COUNSELING ;24 (j) R EASONABLE TRAVEL EXPENSES FOR A VICTIM RELATED TO25 ATTENDING CRITICAL EVENTS PURSUANT TO SECTION 24-4.1-302 (2),26 EXCEPT WHEN THE PRIMARY OR SECONDARY VICTIM IS SUBPOENAED TO27 120 -8- TESTIFY;1 (k) D EPENDENT CARE SERVICES; AND2 (l) R EASONABLE RELOCATION EXPENSES FOR A VICTIM TO3 RELOCATE AS NECESSARY TO ENSURE THE VICTIM 'S SAFETY.4 (1.5) (a) Losses compensable under this part 1 resulting from5 property damage include:6 (I) (A) Repair or replacement of RESIDENTIAL property damaged7 as a result of a compensable crime; or8 (B) Payment of the deductible amount on a residential OR MOTOR9 VEHICLE insurance policy;10 (II) Any modification to the victim's residence that is necessary to11 ensure victim safety; and 12 (III) The rekeying of a motor vehicle or other lock that is13 necessary to ensure the victim's safety;14 (IV) T OWING OR IMPOUND FEES FOR A MOTOR VEHICLE THAT LAW15 ENFORCEMENT DETERMINES TO BE WHERE A COMPENSABLE CRIME WAS16 COMMITTED; AND17 (V) R EPAIR OR REPLACEMENT OF DENTURES , EYEGLASSES,18 HEARING AIDS, OR OTHER PROSTHETIC OR MEDICALLY NECESSARY DEVICES19 DAMAGED OR STOLEN AS A RESULT OF A COMPENSABLE CRIME .20 (2) Compensable losses do not include:21 (a) Pain and suffering or property damage other than residential 22 property damage or rekeying a lock pursuant to subparagraph (III) of23 paragraph (a) of subsection (1.5) EXPENSES OTHER THAN THOSE SPECIFIED24 IN SUBSECTION (1.5)(a) of this section; or25 (b) Aggregate damages to the victim or to the dependents of a26 victim exceeding thirty thousand dollars; OR27 120 -9- (d) MOTOR VEHICLE EXPENSES OTHER THAN THOSE SPECIFIED IN1 SUBSECTIONS (1.5)(a)(I)(B) AND (1.5)(a)(III) OF THIS SECTION.2 SECTION 7. In Colorado Revised Statutes, amend 24-4.1-1103 as follows:4 24-4.1-110. Recovery from collateral source. (1) The board5 shall MAY deduct from compensation it awards APPROVES under this part6 1 any payments received by the applicant from the offender or from a7 person on behalf of the offender, from the United States or any state, or8 any subdivision or agency thereof, from a private source, or from an9 emergency award APPROVAL under this part 1 for injury or death10 compensable under this part 1, excluding death or pension benefits. 11 (2) If compensation is awarded APPROVED under this part 1 and12 the person receiving it also receives a collateral sum under subsection (1)13 of this section which has not been deducted from it, he THE PERSON shall14 refund to the board the lesser of the sums or the amount of compensation15 paid to him THE PERSON under this part 1 unless the aggregate of both16 sums does not exceed his THE PERSON'S losses. The fund shall be IS the17 payer of last resort.18 (3) If a defendant is ordered to pay restitution under article 18.519 of title 16 C.R.S., to a person who has received compensation awarded20 under this part 1, an amount equal to the compensation awarded shall21 APPROVED MUST be transmitted from such restitution to the board for22 allocation to the fund.23 SECTION 8. In Colorado Revised Statutes, amend 24-4.1-11124 as follows:25 24-4.1-111. Compensation to relatives. (1) A relative of a26 victim, even though he THE RELATIVE was not a dependent of the victim,27 120 -10- is eligible for compensation for reasonable medical, FUNERAL, or burial1 expenses for the victim, if:2 (a) Such expenses were paid by him THE RELATIVE; and3 (b) He THE RELATIVE files a claim in the manner provided in this4 part 1.5 SECTION 9. In Colorado Revised Statutes, amend 24-4.1-1126 as follows:7 24-4.1-112. Emergency approvals. (1) The board may order an8 emergency award APPROVAL to the applicant pending a final decision in9 the claim if it appears to the board, prior to taking action upon the claim,10 that undue hardship will result to the applicant if immediate payment is11 not made. Awards APPROVALS pursuant to this section are intended to12 cover expenses incurred by crime victims in meeting their immediate13 short-term needs. The amount of such award shall not AN APPROVAL14 PURSUANT TO THIS SECTION MUST NOT exceed two thousand dollars THE15 AMOUNT SET FORTH IN THE BOARD 'S POLICIES REGARDING EMERGENCY16 APPROVALS and shall MUST be deducted from any final award APPROVAL17 made as a result of the claim.18 (2) If the amount of such AN emergency award APPROVAL exceeds19 the sum the board would have awarded APPROVED pursuant to this part 1,20 such excess shall MUST be repaid by the recipient.21 SECTION 10. In Colorado Revised Statutes, amend 24-4.1-11422 as follows:23 24-4.1-114. Assignment, attachment, or garnishment of24 approved compensation. No compensation payable under this article25 4.1, prior to actual receipt thereof by the person or beneficiary entitled26 thereto or his THE PERSON'S OR BENEFICIARY'S legal representative, shall27 120 -11- be IS assignable or subject to execution, garnishment, attachment, or any1 other process, including process to satisfy an order or judgment for2 support or alimony.3 SECTION 11. In Colorado Revised Statutes, amend4 24-4.1-114.5 as follows:5 24-4.1-114.5. Limitations on characterization of payment as6 income. No compensation payable to an applicant under this part 1 shall7 be IS included in the applicant's income for purposes of the Colorado8 income tax imposed in article 22 of title 39, C.R.S.; nor shall IS it be9 considered as income, property, or support for the purposes of10 determining the eligibility of the applicant for public assistance or the11 amount of assistance payments pursuant to section 26-2-108. C.R.S.12 SECTION 12. In Colorado Revised Statutes, amend 24-4.1-11613 as follows:14 24-4.1-116. Subrogation. The acceptance of an award APPROVED15 COMPENSATION made pursuant to this part 1 shall subrogate SUBROGATES16 the state, to the extent of such award, THE APPROVED AMOUNT , to any17 right or right of action accruing to the applicant.18 SECTION 13. In Colorado Revised Statutes, amend 24-4.1-11719 as follows:20 24-4.1-117. Fund created - control of fund. (1) The crime21 victim compensation fund is hereby established in the office of the court22 administrator EXECUTIVE of each judicial district for the benefit of23 eligible applicants under this part 1.24 (2) The fund consists of all money paid as a cost or surcharge25 levied on criminal actions, as provided in section 24-4.1-119; any federal26 money available to state or local governments for victim compensation;27 120 -12- all money received from any action or suit to recover damages from an1 assailant for a compensable crime which was the basis for an award2 APPROVAL of, and limited to, compensation received under this part 1;3 any restitution paid by an assailant to a victim for damages for a4 compensable crime which was the basis for an award APPROVAL OF5 COMPENSATION received under this part 1 and for damages for which the6 victim has received an award APPROVAL of, and limited to, compensation7 received under this part 1; money transferred from the marijuana tax cash8 fund pursuant to section 39-28.8-501 (4.9)(b); and any other money that9 the general assembly may appropriate or transfer to the fund.10 (3) All moneys MONEY deposited in the fund shall be IS deposited11 in an interest-bearing account, which shall MUST be no less secure than12 those used by the state treasurer, and which shall MUST yield the highest13 interest possible. All interest earned by moneys MONEY in the fund shall14 be IS credited to the fund.15 (4) At the conclusion of each fiscal year, all moneys MONEY16 remaining in the fund shall remain REMAINS in the fund. for use the17 succeeding year18 (5) All moneys MONEY deposited in the fund shall MUST be used19 solely for the compensation of victims pursuant to this part 1; except that20 the district attorney and the court administrator EXECUTIVE may use an21 aggregate of no more than twelve TWENTY-TWO and one-half percent of22 the total amount of moneys MONEY in the crime victim compensation23 fund for administrative costs incurred pursuant to this part 1. The district24 attorney shall be permitted to MAY use no more than ten TWENTY percent25 of the total amount of moneys MONEY in the fund for administrative costs.26 The court administrator shall be permitted to EXECUTIVE MAY use no27 120 -13- more than two and one-half percent of the total amount of moneys MONEY1 in the fund for administrative costs.2 (6) Grants of federal funds MONEY that are IS accepted pursuant3 to this part 1 for the purpose of assisting crime victims shall not be used4 to supplant state funds available to assist crime victims.5 SECTION 14. In Colorado Revised Statutes, 24-4.1-117.3,6 amend (2)(a)(VIII) as follows:7 24-4.1-117.3. Crime victim services advisory board - creation8 - duties. (2) (a) The advisory board shall consist CONSISTS of at least9 seventeen members appointed by the executive director, including but not10 limited to:11 (VIII) A judicial district administrator COURT EXECUTIVE or12 judicial district representative;13 SECTION 15. In Colorado Revised Statutes, amend 24-4.1-11814 as follows:15 24-4.1-118. Court executive custodian of fund - disbursements.16 The court administrator EXECUTIVE of each judicial district shall be IS the17 custodian of the fund, and THE COURT EXECUTIVE SHALL PAY all 18 disbursements from the fund shall be paid by him upon written19 authorization of the board or the court.20 SECTION 16. In Colorado Revised Statutes, 24-4.1-119, amend21 (1)(a), (1)(b), (1)(c), (1)(f), (1)(g)(I), (2), and (3); and add (1)(h) as22 follows:23 24-4.1-119. Costs and surcharges levied on criminal actions24 and traffic offenses. (1) (a) Except as provided in subsection (1)(c) of25 this section, a cost of one hundred sixty-three dollars for felonies,26 seventy-eight dollars for misdemeanors, forty-six dollars for class 127 120 -14- misdemeanor traffic offenses, and thirty-three dollars for class 21 misdemeanor traffic offenses is levied on each criminal action resulting2 in a conviction or in a deferred judgment and sentence, as provided for in3 section 18-1.3-102, which criminal action is charged pursuant to state4 statute. The defendant shall pay these costs to the clerk of the court. Each5 clerk shall transmit the costs received to the court administrator6 EXECUTIVE of the judicial district in which the offense occurred for credit7 to the crime victim compensation fund established in that judicial district.8 (b) The costs required by paragraph (a) of this subsection (1)9 SUBSECTION (1)(a) OF THIS SECTION shall not be levied on criminal actions10 which are charged pursuant to the penalty assessment provisions of11 section 42-4-1701, C.R.S., or to any violations of articles 1 to 15 of title12 33. C.R.S.13 (c) A cost of thirty-three dollars is hereby levied on each criminal14 action resulting in a conviction or in a deferred judgment and sentence,15 as provided for in section 18-1.3-102 C.R.S., of a violation of section16 42-4-1301 (1) or (2). C.R.S. This cost shall be paid THE DEFENDANT17 SHALL PAY THIS COST to the clerk of the court, who shall deposit the same18 in TRANSMIT THE COSTS RECEIVED TO THE COURT EXECUTIVE OF THE19 JUDICIAL DISTRICT IN WHICH THE OFFENSE OCCURRED FOR CREDIT TO the20 crime victim compensation fund established in section 24-4.1-117 THAT21 JUDICIAL DISTRICT.22 (f) (I) A surcharge is hereby levied against each penalty23 assessment imposed for a violation of a class A or class B traffic24 infraction or class 1 or class 2 misdemeanor traffic offense pursuant to25 section 42-4-1701. C.R.S. The amount of the surcharge shall be IS one26 half of the amount specified in the penalty and surcharge schedule in27 120 -15- section 42-4-1701 (4) C.R.S., or, if no surcharge amount is specified, the1 surcharge shall be IS calculated as thirty-seven percent of the penalty2 imposed. All moneys MONEY collected by the department of revenue3 pursuant to this paragraph (f) shall SUBSECTION (1)(f) MUST be4 transmitted to the court administrator EXECUTIVE of the judicial district5 in which the infraction occurred for credit to the crime victim6 compensation fund established in that judicial district as provided in7 ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN section 42-1-217.8 C.R.S. 9 (II) All calculated surcharge amounts pursuant to this paragraph10 (f) SUBSECTION (1)(f) resulting in dollars and cents shall MUST be rounded11 down to the nearest whole dollar.12 (III) The surcharges levied pursuant to this paragraph (f)13 SUBSECTION (1)(f) are separate and distinct from surcharges levied14 pursuant to section 24-4.2-104 for the victims and witnesses assistance15 and law enforcement fund.16 (g) (I) A surcharge of eight dollars is levied against each penalty17 imposed for violation of a civil infraction pursuant to section 16-2.3-101.18 The clerk of the court shall transmit all money collected to the court19 administrator EXECUTIVE of the judicial department in which the offense20 occurred for credit to the crime victim compensation fund established in21 that judicial district.22 (h) A COST OF THIRTY-THREE DOLLARS IS LEVIED ON EACH23 CRIMINAL ACTION THAT RESULTS WITH PLACEMENT IN AN ALTERNATIVE24 SENTENCING PROGRAM PURSUANT TO SECTION 18-1.3-101. THIS COST IS25 PAID TO THE ALTERNATIVE SENTENCING PROGRAM AND THEN26 TRANSMITTED TO THE COURT EXECUTIVE OF THE JUDICIAL DISTRICT27 120 -16- WHERE THE OFFENSE OCCURRED FOR CREDIT TO THE CRIME VICTIM1 COMPENSATION FUND ESTABLISHED IN THAT JUDICIAL DISTRICT .2 3 (2) For purposes of determining the order of priority for payments4 required of a defendant pursuant to section 18-1.3-204 (2.5) C.R.S., the5 payments to the victim compensation fund required under this part 1 shall6 be ARE the first obligation of the defendant.7 (3) The provisions of sections 18-1.3-701 and 18-1.3-702 C.R.S.,8 shall be ARE applicable as to the collection of costs levied pursuant to this9 part 1.10 SECTION 17. In Colorado Revised Statutes, amend 24-4.1-12211 as follows:12 24-4.1-122. Reports. On or before October 1, 1985, and on or13 before each October 1 thereafter, the court administrator EXECUTIVE of14 each judicial district shall report to the state court administrator the15 amount of moneys MONEY collected by the judicial district in the prior16 fiscal year and the amount of moneys MONEY distributed to crime victims17 in the prior fiscal year by the board.18 SECTION 18. Applicability. This act applies to approvals for19 compensation pursuant to the "Colorado Crime Victim Compensation20 Act" on or after the effective date of this act.21 SECTION 19. Safety clause. The general assembly finds,22 determines, and declares that this act is necessary for the immediate23 preservation of the public peace, health, or safety or for appropriations for24 the support and maintenance of the departments of the state and state25 institutions.26 120 -17-