Colorado 2025 Regular Session

Colorado Senate Bill SB012 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fifth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 25-0301.01 Michael Dohr x4347
8	8	SENATE BILL 25-012
9	9	Senate Committees House Committees
10	10	Judiciary
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING PROVIDING FINANCIAL ASSISTANCE TO COUNTIES FOR101
14	14	COUNTY FACILITIES.102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov/
21	21	.)
22	22	Legislative Oversight Committee Concerning Colorado Jail
23	23	Standards. Current law tasks the underfunded courthouse facility cash
24	24	fund commission (commission) to evaluate grant applications and issue
25	25	grants to counties for underfunded courthouse facilities through master
26	26	planning services, matching funds or leveraging grant funding
27	27	opportunities, or for addressing emergency needs due to the imminent
28	28	SENATE SPONSORSHIP
29	29	Amabile and Gonzales J.,
30	30	HOUSE SPONSORSHIP
31	31	Armagost,
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. closure of a court facility. The bill changes the name of the commission
35	35	and the underfunded courthouse facility cash fund and expands the
36	36	responsibilities of the commission to include jails in addition to court
37	37	facilities. Additionally, the bill allows grants to be issued for up to 50%
38	38	of a county's annual voter-approved debt service on any county-approved
39	39	financing of the construction or remodeling costs of a court or jail facility.
40	40	Be it enacted by the General Assembly of the State of Colorado:1
41	41	SECTION 1. In Colorado Revised Statutes, amend 13-1-301 as2
42	42	follows:3
43	43	13-1-301. Legislative declaration. (1) The general assembly4
44	44	hereby
45	45	finds that:5
46	46	(a) Providing access to state court
47	47	AND JAIL facilities and ensuring6
48	48	the safety of employees and other users of state court
49	49	AND JAIL facilities7
50	50	are fundamental components of ensuring access to justice for the people8
51	51	of the state of Colorado;9
52	52	(b) Recent years have seen numerous occasions in which
53	53	10
54	54	courthouse IN RECENT YEARS, COURT AND JAIL FACILITY repair,11
55	55	renovation, improvement, and expansion needs have become important12
56	56	priorities for judicial districts and the counties they serve;13
57	57	(c) In some cases these needs result from anticipated causes, such14
58	58	as expanding caseloads, the allocations of new judges to the district, or15
59	59	the aging of existing courtroom COURT AND JAIL facilities and the16
60	60	attendant need to bring them up to current operational and safety17
61	61	standards;18
62	62	(d) In other cases, the needs are driven by unexpected events, such19
63	63	as natural disasters, accidents, or the discovery of previously unknown20
64	64	threats to health and safety; and21
65	65	(e) While the responsibility for providing adequate courtrooms22
66	66	SB25-012-2- and other court AND JAIL facilities lies with county governments, the1
67	67	geographically, demographically, and economically diverse nature of our2
68	68	state affects the level of funding and services that each county can3
69	69	provide.4
70	70	(2) The general assembly, therefore, determines and declares that:5
71	71	(a) The creation of the underfunded courthouse COURT AND JAIL6
72	72	facility cash fund commission and the underfunded courthouse COURT7
73	73	AND JAIL facility cash fund is beneficial to and in the best interests of the8
74	74	people of the state of Colorado; and9
75	75	(b) The purpose of the commission and the fund is to provide10
76	76	supplemental funding for courthouse COURT AND JAIL facility projects in11
77	77	the counties with the most limited financial resources.12
78	78	SECTION 2. In Colorado Revised Statutes, 13-1-302, amend (1),13
79	79	(3), and (4) as follows:14
80	80	13-1-302. Definitions. As used in this part 3, unless the context15
81	81	otherwise requires:16
82	82	(1) "Commission" means the underfunded courthouse COURT AND17
83	83	JAIL facility cash fund commission created in section 13-1-303.18
84	84	(3) "Fund" means the underfunded courthouse COURT AND JAIL19
85	85	facility cash fund created in section 13-1-304.20
86	86	(4) "Imminent closure of a court facility" means a court facility21
87	87	with health, life, or safety issues that impact court employees,
88	88	JAIL22
89	89	INMATES, or other court
90	90	users and that is designated for imminent closure23
91	91	by
92	92	A COUNTY OR the state court administrator in consultation with the24
93	93	state's risk management system or other appropriate professionals. Health,25
94	94	life, or safety issues include air quality issues, water intrusion problems,26
95	95	temperature control issues, structural conditions that cannot reasonably27
96	96	SB25-012
97	97	-3- be mitigated, fire hazards, electrical hazards, and utility problems. Certain1
98	98	health, life, or safety issues may require additional third-party evaluations2
99	99	such as an environmental or structural engineering review.3
100	100	SECTION 3. In Colorado Revised Statutes, 13-1-303, amend (1)4
101	101	and (6) as follows:5
102	102	13-1-303. Underfunded court and jail facility cash fund6
103	103	commission - creation - membership. (1) There is hereby created in the7
104	104	judicial department The underfunded courthouse COURT AND JAIL facility8
105	105	cash fund commission
106	106	IS CREATED IN THE JUDICIAL DEPARTMENT to9
107	107	evaluate grant applications received pursuant to this part 3 and make10
108	108	recommendations to the state court administrator for awarding grants11
109	109	from the underfunded courthouse
110	110	COURT AND JAIL facility cash fund12
111	111	based on the statutory criteria set forth in section 13-1-305. The13
112	112	commission shall MUST be appointed no later than July 1, 2014.14
113	113	(6) In accordance with the principles set out in section 13-1-30515
114	114	THIS PART 3, the commission shall adopt guidelines prescribing the16
115	115	procedures to be followed in making, filing, and evaluating grant17
116	116	applications, the criteria for evaluation, and other guidelines necessary for18
117	117	administering the
118	118	GRANT program.19
119	119	SECTION 4. In Colorado Revised Statutes, amend 13-1-304 as20
120	120	follows:21
121	121	13-1-304. Underfunded court and jail facility cash fund -22
122	122	creation - grants - regulations. (1) There is hereby created in the state
123	123	23
124	124	treasury The underfunded courthouse COURT AND JAIL facility cash fund24
125	125	that consists IS CREATED IN THE STATE TREASURY , CONSISTING of any25
126	126	moneys MONEY appropriated by the general assembly to the fund. The26
127	127	moneys MONEY in the fund are IS subject to annual appropriation by the27
128	128	SB25-012
129	129	-4- general assembly for the implementation of this part 3. The state court1
130	130	administrator may accept gifts, grants, or donations from any private or2
131	131	public source for the purpose of implementing this part 3. All private and3
132	132	public moneys MONEY received by the state court administrator from4
133	133	gifts, grants, or donations must be transmitted to the state treasurer, who5
134	134	shall credit the same MONEY to the fund in addition to any moneys MONEY6
135	135	that may be appropriated to the fund directly by the general assembly. All7
136	136	investment earnings derived from the deposit and investment of moneys8
137	137	THE MONEY in the fund remain in the fund and may not be transferred or9
138	138	revert to the general fund at the end of any fiscal year. Any unexpended10
139	139	and unencumbered moneys MONEY remaining in the fund at the end of11
140	140	any fiscal year shall remain REMAINS in the fund and shall not be credited12
141	141	or transferred to the general fund or any other fund.13
142	142	(2) (a) Moneys MONEY from the fund that are IS distributed to14
143	143	counties
144	144	IN THE FORM OF A GRANT pursuant to this part 3 may: only:
145	145	15
146	146	(I) Be used for commissioning master planning services,16
147	147	matching funds or leveraging grant funding opportunities for construction17
148	148	or remodeling projects, or addressing emergency needs due to the18
149	149	imminent closure of a court
150	150	OR JAIL facility;19
151	151	(II) B
152	152	E USED TO PAY UP TO FIFTY PERCENT OF A COUNTY'S ANNUAL20
153	153	VOTER-APPROVED DEBT SERVICE ON ANY COUNTY -APPROVED FINANCING21
154	154	FOR CAPITAL CONSTRUCTION OR REMODELING COSTS OF A COURT OR JAIL22
155	155	FACILITY PURSUANT TO THIS PART 3;23
156	156	(III) Moneys from the fund may
157	157	Not be allocated for the purchase24
158	158	of furniture, fixtures, or equipment or as the sole source of funding for25
159	159	new construction;
160	160	AND26
161	161	(IV) Moneys from the fund may
162	162	Not be allocated as the sole27
163	163	SB25-012
164	164	-5- source of funding for remodeling, unless the need for funding is1
165	165	associated with the imminent closure of a court facility.2
166	166	(b) M
167	167	ONEY FROM THE FUND THAT IS DISTRIBUTED TO COUNTIES3
168	168	MUST ONLY BE USED FOR NEW CONSTRUCTION OR REMODELING OF A4
169	169	COURT OR JAIL FACILITY AND MUST NOT BE USED FOR THE PURCHASE OF5
170	170	FURNITURE, FIXTURES, OR EQUIPMENT.6
171	171	(3) All moneys
172	172	MONEY credited to the fund shall be IS available7
173	173	for grants awarded by the state court administrator, based on8
174	174	recommendations of the commission, to counties for the purposes9
175	175	described in this part 3; except that the state court administrator may use10
176	176	a portion of the moneys MONEY annually appropriated from the fund for11
177	177	administrative costs incurred through FOR the implementation of this part12
178	178	3. The state court administrator, subject to annual appropriation by the13
179	179	general assembly, may expend moneys MONEY appropriated from the14
180	180	fund pursuant to this part 3.15
181	181	SECTION 5. In Colorado Revised Statutes, 13-1-305, amend (1),16
182	182	(2)(a), (2)(c), (2)(d), (2)(e), (3), and (4) introductory portion; and add (5)17
183	183	as follows:18
184	184	13-1-305. Grant applications - duties of counties. (1) To be19
185	185	eligible for moneys A GRANT from the fund, a county must apply to the20
186	186	commission through the state court administrator, using the application21
187	187	form provided by the commission, in accordance with the timelines and22
188	188	guidelines adopted by the commission. For the commission to consider23
189	189	a grant application, the application must first be reviewed and approved24
190	190	by the chief judge of the county and the board of county commissioners.25
191	191	(2) (a) Grants A GRANT from the fund may only be used to fund26
192	192	counties that meet the requirements set forth in paragraph (b) of this27
193	193	SB25-012
194	194	-6- subsection (2) SUBSECTION (2)(b) OF THIS SECTION and the criteria1
195	195	specified in subsection (4) of this section to:2
196	196	(I) Commission master planning services;3
197	197	(II) Serve as matching funds or leverage grant funding4
198	198	opportunities; or5
199	199	(III) Address emergency needs due to the imminent closure of a6
200	200	court
201	201	OR JAIL facility; OR7
202	202	(IV) P
203	203	AY UP TO FIFTY PERCENT OF A COUNTY 'S ANNUAL8
204	204	VOTER-APPROVED DEBT SERVICE ON ANY COUNTY -APPROVED FINANCING9
205	205	OF THE CONSTRUCTION OR REMODELING COSTS OF A COURT OR JAIL10
206	206	FACILITY.11
207	207	(c) Grants
208	208	A GRANT from the fund may not supplant any county12
209	209	funding for a county that has the means to support its court facility OR13
210	210	JAIL FACILITIES.14
211	211	(d) The approval of a grant shall DOES not result in the state or15
212	212	commission assuming ownership or liability for a county courthouse or16
213	213	other county COURT OR JAIL facility. that houses county offices and17
214	214	employees. The county shall continue CONTINUES to have ownership and18
215	215	liability for all such facilities.19
216	216	(e) Once a county is awarded a grant, the county shall
217	217	EITHER20
218	218	complete the project as designated and described in the grant award
219	219	OR21
220	220	USE THE GRANT TO PAY THE VOTER -APPROVED DEBT SERVICE ON ANY22
221	221	COUNTY-APPROVED FINANCING OF THE CONSTRUCTION OR REMODELING23
222	222	OF A COURT OR JAIL FACILITY.24
223	223	(3) Counties that meet
224	224	A COUNTY THAT MEETS all four of the25
225	225	criteria specified in subsection (4) of this section must be given the26
226	226	highest priority for need-based grants for underfunded courthouse COURT27
227	227	SB25-012
228	228	-7- OR JAIL facilities pursuant to this part 3.1
229	229	(4) Counties that meet A COUNTY THAT MEETS at least two of the2
230	230	following criteria qualify for need-based grants for underfunded3
231	231	courthouse COURT OR JAIL facilities pursuant to this part 3:4
232	232	(5) A
233	233	GRANT MAY ALSO BE AWARDED TO A COUNTY TO BE USED TO5
234	234	PAY UP TO FIFTY PERCENT OF A COUNTY'S ANNUAL VOTER-APPROVED DEBT6
235	235	SERVICE ON ANY COUNTY -APPROVED FINANCING FOR CAPITAL7
236	236	CONSTRUCTION OR REMODELING COSTS OF A COURT OR JAIL FACILITY .8
237	237	SECTION 6. In Colorado Revised Statutes, amend 13-1-306 as9
238	238	follows:10
239	239	13-1-306. Legislative review - repeal. The underfunded11
240	240	courthouse
241	241	COURT AND JAIL facility cash fund commission repeals on12
242	242	September 1, 2035. Prior to repeal, the underfunded courthouse COURT13
243	243	AND JAIL facility cash fund commission is subject to review as provided14
244	244	in section 24-34-104.15
245	245	SECTION 7. In Colorado Revised Statutes, 16-4-116, amend16
246	246	(2)(a)(I) as follows:17
247	247	16-4-116. Bond hearing officer. (2) (a) (I) Each judicial district18
248	248	that contains a county that is designated as a high priority or eligible19
249	249	county by the underfunded courthouse COURT AND JAIL facility cash fund20
250	250	commission, created in section 13-1-303, has the right to have a bond21
251	251	hearing officer conduct weekend and holiday bond hearings. The chief22
252	252	judge of the judicial district shall notify the state court administrator if the23
253	253	judicial district wants to have a bond hearing officer conduct bond24
254	254	hearings on a weekend or holiday.25
255	255	SECTION 8. In Colorado Revised Statutes, 24-34-104, amend26
256	256	(36)(a)(VI) as follows:27
257	257	SB25-012
258	258	-8- 24-34-104. General assembly review of regulatory agencies1
259	259	and functions for repeal, continuation, or reestablishment - legislative2
260	260	declaration - repeal. (36) (a) The following agencies, functions, or both3
261	261	are scheduled for repeal on September 1, 2035:4
262	262	(VI) The underfunded courthouse COURT AND JAIL facility cash5
263	263	fund commission created in part 3 of article 1 of title 13.6
264	264	SECTION 9. Safety clause. The general assembly finds,7
265	265	determines, and declares that this act is necessary for the immediate8
266	266	preservation of the public peace, health, or safety or for appropriations for9
267	267	the support and maintenance of the departments of the state and state10
268	268	institutions.11
269	269	SB25-012
270	270	-9-