First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0301.01 Michael Dohr x4347
SENATE BILL 25-012
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING PROVIDING FINANCIAL ASSISTANCE TO COUNTIES FOR101
COUNTY FACILITIES.102
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
SENATE SPONSORSHIP
Amabile and Gonzales J.,
HOUSE SPONSORSHIP
Armagost,
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. 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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 13-1-301 as2
follows:3
13-1-301. Legislative declaration. (1) The general assembly4
hereby
finds that:5
(a) Providing access to state court
AND JAIL facilities and ensuring6
the safety of employees and other users of state court
AND JAIL facilities7
are fundamental components of ensuring access to justice for the people8
of the state of Colorado;9
(b) Recent years have seen numerous occasions in which
10
courthouse IN RECENT YEARS, COURT AND JAIL FACILITY repair,11
renovation, improvement, and expansion needs have become important12
priorities for judicial districts and the counties they serve;13
(c) In some cases these needs result from anticipated causes, such14
as expanding caseloads, the allocations of new judges to the district, or15
the aging of existing courtroom COURT AND JAIL facilities and the16
attendant need to bring them up to current operational and safety17
standards;18
(d) In other cases, the needs are driven by unexpected events, such19
as natural disasters, accidents, or the discovery of previously unknown20
threats to health and safety; and21
(e) While the responsibility for providing adequate courtrooms22
SB25-012-2- and other court AND JAIL facilities lies with county governments, the1
geographically, demographically, and economically diverse nature of our2
state affects the level of funding and services that each county can3
provide.4
(2) The general assembly, therefore, determines and declares that:5
(a) The creation of the underfunded courthouse COURT AND JAIL6
facility cash fund commission and the underfunded courthouse COURT7
AND JAIL facility cash fund is beneficial to and in the best interests of the8
people of the state of Colorado; and9
(b) The purpose of the commission and the fund is to provide10
supplemental funding for courthouse COURT AND JAIL facility projects in11
the counties with the most limited financial resources.12
SECTION 2. In Colorado Revised Statutes, 13-1-302, amend (1),13
(3), and (4) as follows:14
13-1-302. Definitions. As used in this part 3, unless the context15
otherwise requires:16
(1) "Commission" means the underfunded courthouse COURT AND17
JAIL facility cash fund commission created in section 13-1-303.18
(3) "Fund" means the underfunded courthouse COURT AND JAIL19
facility cash fund created in section 13-1-304.20
(4) "Imminent closure of a court facility" means a court facility21
with health, life, or safety issues that impact court employees,
JAIL22
INMATES, or other court
users and that is designated for imminent closure23
by
A COUNTY OR the state court administrator in consultation with the24
state's risk management system or other appropriate professionals. Health,25
life, or safety issues include air quality issues, water intrusion problems,26
temperature control issues, structural conditions that cannot reasonably27
SB25-012
-3- be mitigated, fire hazards, electrical hazards, and utility problems. Certain1
health, life, or safety issues may require additional third-party evaluations2
such as an environmental or structural engineering review.3
SECTION 3. In Colorado Revised Statutes, 13-1-303, amend (1)4
and (6) as follows:5
13-1-303. Underfunded court and jail facility cash fund6
commission - creation - membership. (1) There is hereby created in the7
judicial department The underfunded courthouse COURT AND JAIL facility8
cash fund commission
IS CREATED IN THE JUDICIAL DEPARTMENT to9
evaluate grant applications received pursuant to this part 3 and make10
recommendations to the state court administrator for awarding grants11
from the underfunded courthouse
COURT AND JAIL facility cash fund12
based on the statutory criteria set forth in section 13-1-305. The13
commission shall MUST be appointed no later than July 1, 2014.14
(6) In accordance with the principles set out in section 13-1-30515
THIS PART 3, the commission shall adopt guidelines prescribing the16
procedures to be followed in making, filing, and evaluating grant17
applications, the criteria for evaluation, and other guidelines necessary for18
administering the
GRANT program.19
SECTION 4. In Colorado Revised Statutes, amend 13-1-304 as20
follows:21
13-1-304. Underfunded court and jail facility cash fund -22
creation - grants - regulations. (1) There is hereby created in the state
23
treasury The underfunded courthouse COURT AND JAIL facility cash fund24
that consists IS CREATED IN THE STATE TREASURY , CONSISTING of any25
moneys MONEY appropriated by the general assembly to the fund. The26
moneys MONEY in the fund are IS subject to annual appropriation by the27
SB25-012
-4- general assembly for the implementation of this part 3. The state court1
administrator may accept gifts, grants, or donations from any private or2
public source for the purpose of implementing this part 3. All private and3
public moneys MONEY received by the state court administrator from4
gifts, grants, or donations must be transmitted to the state treasurer, who5
shall credit the same MONEY to the fund in addition to any moneys MONEY6
that may be appropriated to the fund directly by the general assembly. All7
investment earnings derived from the deposit and investment of moneys8
THE MONEY in the fund remain in the fund and may not be transferred or9
revert to the general fund at the end of any fiscal year. Any unexpended10
and unencumbered moneys MONEY remaining in the fund at the end of11
any fiscal year shall remain REMAINS in the fund and shall not be credited12
or transferred to the general fund or any other fund.13
(2) (a) Moneys MONEY from the fund that are IS distributed to14
counties
IN THE FORM OF A GRANT pursuant to this part 3 may: only:
15
(I) Be used for commissioning master planning services,16
matching funds or leveraging grant funding opportunities for construction17
or remodeling projects, or addressing emergency needs due to the18
imminent closure of a court
OR JAIL facility;19
(II) B
E USED TO PAY UP TO FIFTY PERCENT OF A COUNTY'S ANNUAL20
VOTER-APPROVED DEBT SERVICE ON ANY COUNTY -APPROVED FINANCING21
FOR CAPITAL CONSTRUCTION OR REMODELING COSTS OF A COURT OR JAIL22
FACILITY PURSUANT TO THIS PART 3;23
(III) Moneys from the fund may
Not be allocated for the purchase24
of furniture, fixtures, or equipment or as the sole source of funding for25
new construction;
AND26
(IV) Moneys from the fund may
Not be allocated as the sole27
SB25-012
-5- source of funding for remodeling, unless the need for funding is1
associated with the imminent closure of a court facility.2
(b) M
ONEY FROM THE FUND THAT IS DISTRIBUTED TO COUNTIES3
MUST ONLY BE USED FOR NEW CONSTRUCTION OR REMODELING OF A4
COURT OR JAIL FACILITY AND MUST NOT BE USED FOR THE PURCHASE OF5
FURNITURE, FIXTURES, OR EQUIPMENT.6
(3) All moneys
MONEY credited to the fund shall be IS available7
for grants awarded by the state court administrator, based on8
recommendations of the commission, to counties for the purposes9
described in this part 3; except that the state court administrator may use10
a portion of the moneys MONEY annually appropriated from the fund for11
administrative costs incurred through FOR the implementation of this part12
3. The state court administrator, subject to annual appropriation by the13
general assembly, may expend moneys MONEY appropriated from the14
fund pursuant to this part 3.15
SECTION 5. In Colorado Revised Statutes, 13-1-305, amend (1),16
(2)(a), (2)(c), (2)(d), (2)(e), (3), and (4) introductory portion; and add (5)17
as follows:18
13-1-305. Grant applications - duties of counties. (1) To be19
eligible for moneys A GRANT from the fund, a county must apply to the20
commission through the state court administrator, using the application21
form provided by the commission, in accordance with the timelines and22
guidelines adopted by the commission. For the commission to consider23
a grant application, the application must first be reviewed and approved24
by the chief judge of the county and the board of county commissioners.25
(2) (a) Grants A GRANT from the fund may only be used to fund26
counties that meet the requirements set forth in paragraph (b) of this27
SB25-012
-6- subsection (2) SUBSECTION (2)(b) OF THIS SECTION and the criteria1
specified in subsection (4) of this section to:2
(I) Commission master planning services;3
(II) Serve as matching funds or leverage grant funding4
opportunities; or5
(III) Address emergency needs due to the imminent closure of a6
court
OR JAIL facility; OR7
(IV) P
AY UP TO FIFTY PERCENT OF A COUNTY 'S ANNUAL8
VOTER-APPROVED DEBT SERVICE ON ANY COUNTY -APPROVED FINANCING9
OF THE CONSTRUCTION OR REMODELING COSTS OF A COURT OR JAIL10
FACILITY.11
(c) Grants
A GRANT from the fund may not supplant any county12
funding for a county that has the means to support its court facility OR13
JAIL FACILITIES.14
(d) The approval of a grant shall DOES not result in the state or15
commission assuming ownership or liability for a county courthouse or16
other county COURT OR JAIL facility. that houses county offices and17
employees. The county shall continue CONTINUES to have ownership and18
liability for all such facilities.19
(e) Once a county is awarded a grant, the county shall
EITHER20
complete the project as designated and described in the grant award
OR21
USE THE GRANT TO PAY THE VOTER -APPROVED DEBT SERVICE ON ANY22
COUNTY-APPROVED FINANCING OF THE CONSTRUCTION OR REMODELING23
OF A COURT OR JAIL FACILITY.24
(3) Counties that meet
A COUNTY THAT MEETS all four of the25
criteria specified in subsection (4) of this section must be given the26
highest priority for need-based grants for underfunded courthouse COURT27
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-7- OR JAIL facilities pursuant to this part 3.1
(4) Counties that meet A COUNTY THAT MEETS at least two of the2
following criteria qualify for need-based grants for underfunded3
courthouse COURT OR JAIL facilities pursuant to this part 3:4
(5) A
GRANT MAY ALSO BE AWARDED TO A COUNTY TO BE USED TO5
PAY UP TO FIFTY PERCENT OF A COUNTY'S ANNUAL VOTER-APPROVED DEBT6
SERVICE ON ANY COUNTY -APPROVED FINANCING FOR CAPITAL7
CONSTRUCTION OR REMODELING COSTS OF A COURT OR JAIL FACILITY .8
SECTION 6. In Colorado Revised Statutes, amend 13-1-306 as9
follows:10
13-1-306. Legislative review - repeal. The underfunded11
courthouse
COURT AND JAIL facility cash fund commission repeals on12
September 1, 2035. Prior to repeal, the underfunded courthouse COURT13
AND JAIL facility cash fund commission is subject to review as provided14
in section 24-34-104.15
SECTION 7. In Colorado Revised Statutes, 16-4-116, amend16
(2)(a)(I) as follows:17
16-4-116. Bond hearing officer. (2) (a) (I) Each judicial district18
that contains a county that is designated as a high priority or eligible19
county by the underfunded courthouse COURT AND JAIL facility cash fund20
commission, created in section 13-1-303, has the right to have a bond21
hearing officer conduct weekend and holiday bond hearings. The chief22
judge of the judicial district shall notify the state court administrator if the23
judicial district wants to have a bond hearing officer conduct bond24
hearings on a weekend or holiday.25
SECTION 8. In Colorado Revised Statutes, 24-34-104, amend26
(36)(a)(VI) as follows:27
SB25-012
-8- 24-34-104. General assembly review of regulatory agencies1
and functions for repeal, continuation, or reestablishment - legislative2
declaration - repeal. (36) (a) The following agencies, functions, or both3
are scheduled for repeal on September 1, 2035:4
(VI) The underfunded courthouse COURT AND JAIL facility cash5
fund commission created in part 3 of article 1 of title 13.6
SECTION 9. Safety clause. The general assembly finds,7
determines, and declares that this act is necessary for the immediate8
preservation of the public peace, health, or safety or for appropriations for9
the support and maintenance of the departments of the state and state10
institutions.11
SB25-012
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