Judicial Departments

C.R.S. tit. 13, art. 3

in effect

C.R.S. § 13-3-101 State court administrator - duties - report - definitions - repeal

13-3-101. State court administrator - duties - report - definitions - repeal. (1) There is created, pursuant to section 5 (3) of article VI of the state constitution, the position of state court administrator, who is appointed by the justices of the supreme court at such compensation as is determined by them. The state court administrator is responsible to the supreme court, and in addition to the duties described within this section, the state court administrator shall perform the duties assigned to him or her by the chief justice and the supreme court. (2) The state court administrator shall employ such other personnel as the supreme court deems necessary to aid the administration of the courts, as provided in section 5 (3) of article VI of the state constitution. (3) The state court administrator shall establish standards to ensure proficiency in court reporting in the courts of this state. The state court administrator shall also develop or cause to be developed examinations no less difficult than the examinations of the national shorthand reporters association and shall qualify those individuals who successfully complete such examination. (3.5) (a) As required by a chief justice directive, the state court administrator is responsible for accepting complaints regarding violations of a chief justice directive concerning child and family investigators appointed by the court pursuant to section 14-10-116.5 and parental responsibilities evaluators appointed by the court pursuant to section 14-10-127 in courts involved with the allocation of parental responsibilities pursuant to dissolution of marriage proceedings. The state court administrator is authorized to administer appropriate sanctions established pursuant to chief justice directive. The state court administrator is not responsible for accepting complaints regarding conduct that is regulated by a child and family investigator's or parental responsibilities evaluator's professional regulatory authority. (b) As a part of the judicial department's "SMART Act" hearing required by section 2-7-203, during the 2025 regular legislative session, and each regular legislative session thereafter, the judicial department shall report on the total number of child and family court investigators appointed by the court pursuant to section 14-10-116.5 and parental responsibilities evaluators appointed by the court pursuant to section 14-10-127, eligibility rosters established pursuant to a chief justice directive, the number of complaints received by the state court administrator in the preceding calendar year regarding child and family court investigators and parental responsibilities evaluators, and the number of founded complaints and sanctions issued as a result of those complaints in the preceding calendar year regarding child and family court investigators and parental responsibilities evaluators. ve, the number of complaints received by the state court administrator in the preceding calendar year regarding child and family court investigators and parental responsibilities evaluators, and the number of founded complaints and sanctions issued as a result of those complaints in the preceding calendar year regarding child and family court investigators and parental responsibilities evaluators. (c) The state court administrator shall publish and annually update on the judicial department's public website a summary of the actions taken in the year preceding the first publication, or since the latest updated publication, concerning actions taken by the judicial department to comply with recommendations made by the task force to study victim and survivor awareness and responsiveness training requirements for judicial personnel, created pursuant to House Bill 23-1108. (4) Repealed. (5) The state court administrator shall provide to the director of research of the legislative council criminal justice information and statistics and any other related data requested by the director. The state court administrator shall provide to the state commission on judicial performance and to district commissions on judicial performance, established in section 13-5.5-104, case management statistics for justices and judges who are being evaluated. (6) The state court administrator shall make grants from the family violence justice fund pursuant to the provisions of section 14-4-107, C.R.S. (7) (a) The state court administrator shall make grants from the family-friendly court program cash fund pursuant to the provisions of section 13-3-113. (b) Repealed. (7.5) The state court administrator shall make grants from the eviction legal defense fund pursuant to the provisions of section 13-40-127. (8) Repealed. (9) The state court administrator is authorized to seek federal funding as it becomes available on behalf of the state court system for the establishment, maintenance, or expansion of veterans' treatment courts. (10) Repealed. (11) (a) There is created in the office of the state court administrator a position responsible for education and outreach regarding judicial office vacancies. The position shall create and deliver educational programming for attorneys and law students regarding judicial vacancies and the application process. (b) (I) The position shall report on or before October 1, 2020, and on or before October 1 each year thereafter through 2030, to the chief justice of the supreme court and the judiciary committees of the house of representatives and senate, or any successor committees, concerning the background, professional history, and qualifications of judicial officers in the state. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this section continues until the repeal of this subsection (11)(b) pursuant to subsection (11)(b)(II) of this section. (II) This subsection (11)(b) is repealed, effective January 1, 2031. (12) (a) On or before November 1, 2019, and on or before each November 1 thereafter, the state court administrator shall submit a report to the joint budget committee of the general assembly and the judiciary committees of the house of representatives and the senate, or any successor committees, on case management statistics for the prior state fiscal year that includes: (I) The total number and types of: (A) New district court cases assigned; (B) District court cases resolved; and (C) District court cases remaining on the docket; and (II) For each judicial district and each district court judge the total number and types of: (A) New district court cases assigned; (B) District court cases resolved; and (C) District court cases remaining on the docket. des: (I) The total number and types of: (A) New district court cases assigned; (B) District court cases resolved; and (C) District court cases remaining on the docket; and (II) For each judicial district and each district court judge the total number and types of: (A) New district court cases assigned; (B) District court cases resolved; and (C) District court cases remaining on the docket. (b) Notwithstanding section 24-1-136 (11)(a)(I), the requirement to submit the report required in subsection (12)(a) of this section continues indefinitely. (13) The state court administrator or the administrator's designee shall present at the judicial department's hearing pursuant to section 2-7-203 statistics related to extreme risk protection orders in article 14.5 of this title 13. The statistics must include the number of petitions filed for temporary extreme risk protection orders, the number of petitions filed for extreme risk protection orders, the number of temporary extreme risk protection orders issued and denied, the number of extreme risk protection orders issued and denied, the number of temporary extreme risk protection orders terminated, the number of extreme risk protection orders terminated, and the number of extreme risk protection orders renewed. The state court administrator or the administrator's designee shall also report state court data related to all persons who are subject to any temporary emergency risk protection order or emergency risk protection order and who, within thirty days after the issuance or execution of the protection order, are charged with a criminal offense. The report must include the nature of the criminal offense, including but not limited to any offense for violation of the emergency risk protection order and the disposition or status of that criminal offense. (14) (a) (I) On and after January 1, 2020, the state court administrator shall administer a court reminder program in at least four judicial district courts to remind criminal defendants and juvenile participants to appear at each of their scheduled court appearances and to provide reminders about an unplanned court closure. The objective of such reminders is to significantly reduce the number of criminal defendants and juvenile participants who are taken into custody solely as a result of their failure to appear in court. No later than July 1, 2020, the program must be administered in every eligible court, as defined in subsection (14)(h) of this section, in the state. (II) The state court administrator shall issue a request for proposal to choose a third-party vendor to develop and operate the court reminder program. At the conclusion of the request for proposal process, the state court administrator may choose to develop and operate the program without utilizing a third-party vendor. (III) Each court participating in the court reminder program shall enroll every criminal defendant and juvenile participant in the program. A criminal defendant or juvenile participant may opt out of participating in the program. (IV) The program shall send reminders to the best contact information available to the court. Before sending reminders for the defendant's or participant's first court appearance, the program shall make all reasonable efforts to ensure that the program has the same contact information available to the court, including contact information provided by a criminal defendant or juvenile participant to a law enforcement agency on a summons or by any other means. formation available to the court. Before sending reminders for the defendant's or participant's first court appearance, the program shall make all reasonable efforts to ensure that the program has the same contact information available to the court, including contact information provided by a criminal defendant or juvenile participant to a law enforcement agency on a summons or by any other means. (b) In administering the program, the state court administrator shall use text messages to remind criminal defendants and juvenile participants who have the capacity to receive text messages of court dates and unplanned court closures. A text message reminder must be sent to the best phone number available to the court. In addition, or when a defendant or juvenile participant is unable to receive text messages, the state court administrator, at the administrator's discretion, may use other communication methods, including telephone, e-mail, or other internet-based technology, to remind defendants and juvenile participants of court dates and unplanned court closures. (c) The program must: (I) (A) Provide at least three reminders for all court appearances, including the first court appearance, for criminal defendants and juvenile participants in an eligible court. One reminder must be sent the day before the court appearance. The reminders must include at least the date, location, and time of the court appearance and contact information for questions related to the court appearance. (B) Notwithstanding the requirement in subsection (14)(c)(I)(A) of this section, the program is not required to send more than two reminders within seven days before a court appearance or more than one reminder within forty-eight hours before a court appearance. (I.5) For court appearances that can be attended virtually, provide the link to the virtual court appearance in, at least, the final reminder sent before the appearance; (II) Provide an alert to a defendant or juvenile participant who misses court that the defendant or juvenile has missed court and that the defendant or juvenile should immediately contact his or her attorney, if the defendant or juvenile has one, or the court to determine next steps; (III) Identify each instance in which a criminal defendant or juvenile participant was sent a text message reminder to a working mobile telephone number; (IV) Identify defendants and juvenile participants with upcoming court appearances who cannot be reached and, as resources allow, attempt to acquire current contact information; (V) Collect data concerning the number of criminal defendants and juvenile participants who fail to appear at their scheduled court appearances despite having been sent one or more reminders to a working telephone number; and (VI) Collect data concerning the number of criminal defendants and juvenile participants who opt out of the program and, if possible, their reasons for opting out. (d) Each eligible court shall utilize the reminder services of the state court administrator described in this subsection (14) unless the court chooses to opt out and has its own procedure for using text messaging to remind all criminal defendants and juvenile participants to appear at their scheduled court appearances and remind them of an unplanned court closure. (e) On and after January 1, 2020, the state court administrator shall track data in each eligible court concerning the failure of criminal defendants and juvenile participants to appear for their scheduled court appearances. using text messaging to remind all criminal defendants and juvenile participants to appear at their scheduled court appearances and remind them of an unplanned court closure. (e) On and after January 1, 2020, the state court administrator shall track data in each eligible court concerning the failure of criminal defendants and juvenile participants to appear for their scheduled court appearances. (f) In its annual report to the committees of reference pursuant to section 2-7-203, the judicial department shall include information concerning the activities of the state court administrator pursuant to this subsection (14). To the extent practicable, the report must include: (I) The number of reminders sent to a criminal defendant's or juvenile participant's working telephone number in each eligible court; (II) The number of criminal defendants and juvenile participants in each eligible court who failed to appear for a court hearing; (III) The number of criminal defendants and juvenile participants in each eligible court who were sent a reminder to a working telephone number from the program but who nonetheless failed to appear for a court hearing; (IV) Any other data collected by the state court administrator that the state court administrator determines to be useful to the general assembly in assessing the effectiveness of the program at reducing the number of criminal defendants and juvenile participants who fail to appear for their court appearances and reducing the number of criminal defendants and juvenile participants who are jailed for failure to appear at a court appearance; (V) The number of criminal defendants and juvenile participants who opt out of the program, the reasons they elected to opt out, and recommendations for changes to increase participation in the program and reduce the number of criminal defendants and juvenile participants who opt out; and (VI) If, at the state court administrator's discretion, the program sends any reminders by communication methods other than text message, the number of criminal defendants and juvenile participants who were sent a reminder other than a text message reminder, the communication method used, and whether the defendants or participants failed to appear at their scheduled court appearance. (g) Nothing in this subsection (14) creates a right for any criminal defendant or juvenile participant to receive a reminder from the program. (h) As used in this subsection (14), unless the context otherwise requires: (I) "Criminal defendant" includes a person alleged to have committed a traffic offense but does not include a person alleged to have committed a traffic infraction. (II) "Eligible court" means a district court, county court, or municipal court that uses the integrated Colorado online network that is the judicial department's case management system. (III) "Juvenile participant" means a juvenile who has been alleged to have committed a delinquent act, as defined in section 19-2.5-102, or a traffic offense, who is required to appear before an eligible court. "Juvenile participant" includes the juvenile's parent, guardian, or legal custodian. "Juvenile participant" does not include a juvenile alleged to have committed a traffic infraction. tem. (III) "Juvenile participant" means a juvenile who has been alleged to have committed a delinquent act, as defined in section 19-2.5-102, or a traffic offense, who is required to appear before an eligible court. "Juvenile participant" includes the juvenile's parent, guardian, or legal custodian. "Juvenile participant" does not include a juvenile alleged to have committed a traffic infraction. (i) (I) The state court administrator shall convene a working group to study best practices in court reminders, assess the effectiveness of the court reminder program established in this subsection (14), and recommend to the state court administrator's office any appropriate changes to the court reminder program. The judicial department shall provide staff support necessary for the working group to carry out its duties. (II) The working group consists of the state court administrator or the administrator's designee; a public defender appointed by the state public defender; a member of a statewide organization of pretrial services organizations, appointed by the organization; the executive director of the Colorado district attorneys' council or the executive director's designee; and one member, appointed by the speaker of the house of representatives, who represents a Colorado-based nonprofit organization with expertise in pretrial release and court reminder programs. (III) On or before July 31, 2022, the appointing authorities shall make appointments to the working group and inform the state court administrator of the appointments. (IV) The working group shall meet quarterly. The state court administrator, or the administrator's designee, shall convene the first working group meeting no later than September 30, 2022, and shall convene each meeting of the working group thereafter. (V) The working group may request data and information from the judicial department about the court reminder program. (VI) In its annual report to the committees of reference pursuant to section 2-7-203, the judicial department shall present the recommendations made by the working group, whether the recommendations were implemented, and the rationale for implementing or rejecting any recommendation. (VII) This subsection (14)(i) is repealed, effective June 30, 2025. (15) The state court administrator shall administer the "Colorado Electronic Preservation of Abandoned Estate Planning Documents Act", article 23 of title 15. (16) Repealed. (17) The state court administrator shall have the capabilities within the existing statewide court data system to indicate court liaison appointment and actions related to the appointment in cases.

C.R.S. § 13-3-102 Surveys - conferences - reports

13-3-102. Surveys - conferences - reports. (1) The state court administrator under the direction of the chief justice shall make a continuous survey of the conditions of the dockets and the business of the courts of record and shall make reports and recommendations thereon to the chief justice. (2) The chief justice shall assemble the judges of the courts of record at least once yearly to discuss such recommendations and such other business as will benefit the judiciary and the expedition of the business of the several courts. When so summoned, the judges of the courts of record shall attend such conferences at the expense of the state of Colorado. Each judge shall file a verified itemized statement of the mileage and all moneys actually paid out for personal maintenance expenses in attending such conferences with the court administrator, who shall audit the same and submit it to the state controller. The state controller shall draw a warrant therefor, which warrant shall be paid by the state treasurer out of the appropriate fund. Unless excused by illness, such judges are required to attend the conferences unless excused by the chief justice. (3) Repealed.

C.R.S. § 13-3-103 Nominating and discipline commissions - expenses

13-3-103. Nominating and discipline commissions - expenses. (1) Members of judicial nominating commissions appointed pursuant to section 24 of article VI of the state constitution and members of the commission on judicial discipline appointed pursuant to section 23 of article VI of the state constitution shall be reimbursed for actual and necessary personal maintenance expenses while performing official duties, together with mileage at the rate prescribed for state officers and employees in section 24-9-104, C.R.S., for each mile actually and necessarily traveled in going to and returning from the place where official duties are performed. (2) The mileage and expenses incurred by members of judicial nominating commissions and members of the commission on judicial discipline shall be paid from funds appropriated to the judicial department of the state. Each commission member shall keep an account of the mileage and all moneys actually paid out for personal maintenance expenses and shall file a verified itemized statement thereof with the court administrator, who shall audit the same and submit it to the state controller. The state controller shall draw a warrant therefor, which warrant shall be paid by the state treasurer out of the appropriate fund.

C.R.S. § 13-3-104 State shall fund courts

13-3-104. State shall fund courts. (1) The state of Colorado shall provide funds by annual appropriation for the operations, salaries, and other expenses of all courts of record within the state, except for county courts in the city and county of Denver and municipal courts. (2) When a board of county commissioners determines that any furniture or equipment transferred to the judicial department as of January 1, 1970, has historic value, it shall remain in the county courthouse and revert to the county when no longer used by the judicial department.

C.R.S. § 13-3-105 Personnel - duties - qualifications - compensation - conditions of employment

13-3-105. Personnel - duties - qualifications - compensation - conditions of employment. (1) The supreme court, pursuant to section 5 (3) of article VI of the state constitution, shall prescribe, by rule, a personnel classification plan for all courts of record to be funded by the state, as provided in section 13-3-104. (2) Such personnel classification and compensation plan shall include: (a) A basic compensation plan of pay ranges to which classes of positions are assigned and may be reassigned; (b) The qualifications for each position or class of positions, including education, experience, special skills, and legal knowledge; (c) An outline of the duties to be performed in each position or class of positions; (d) The classification of all positions based on the required qualifications and the duties to be performed, taking into account, where applicable, the amount and kinds of judicial business in each court of record subject to the provisions of this section; (e) The number of full-time and part-time positions, by position title and classification, in each court of record subject to the provisions of this section; (f) The procedures for and the regulations governing the appointment and removal of court personnel; and (g) The procedures for and regulations governing the promotion or transfer of court personnel. (3) The supreme court shall also prescribe by rule: (a) The amount, terms, and conditions of sick leave and vacation time for court personnel, including annual allowance and accumulation thereof; and (b) Hours of work and other conditions of employment. (4) To the end that all state employees are treated generally in a similar manner, the supreme court, in promulgating rules as set forth in this section, shall take into consideration the compensation and classification plans, vacation and sick leave provisions, and other conditions of employment applicable to employees of the executive and legislative departments.

C.R.S. § 13-3-106 Judicial department operating budget - fiscal procedures

13-3-106. Judicial department operating budget - fiscal procedures. (1) (a) The court administrator, subject to the approval of the chief justice, shall prepare annually a consolidated operating budget for all courts of record subject to the provisions of section 13-3-104, such budget to be known as the judicial department operating budget. (b) The court administrator, subject to the approval of the chief justice, shall prepare an annual budget request upon forms and according to procedures agreed to by the executive director of the department of personnel and the joint budget committee of the general assembly. The budget request documents and such additional information as may be requested shall be submitted to the department of personnel and the joint budget committee according to the same time schedule for budgetary review and analysis required of all executive agencies. The governor shall include recommendations for court appropriations as part of his or her regular budget message and according to section 24-37-301, C.R.S. The general assembly, upon recommendation of the joint budget committee, shall make appropriations to courts based on an evaluation of the budget request and the availability of state funds. (2) The court administrator, subject to the approval of the chief justice, shall prescribe the procedures to be used by the judicial department and each court of record subject to the provisions of section 13-3-104, with respect to: (a) The preparation of budget requests; (b) The disbursement of funds appropriated to the judicial department by the general assembly; (c) The purchase of forms, supplies, equipment, and other items as authorized in the judicial department operating budget; and (d) Any other matter relating to fiscal administration. (3) The court administrator shall consult with the state controller in the preparation of regulations pertaining to budgetary and fiscal procedures and forms and the disbursement of funds.

C.R.S. § 13-3-107 Consolidation of offices of clerks of court in certain counties

13-3-107. Consolidation of offices of clerks of court in certain counties. (1) The chief justice, pursuant to his authority under section 5 of article VI of the state constitution, may consolidate the offices of the clerks of the district and county courts in any county when he finds that there is insufficient judicial business to warrant the maintenance of separate offices. (2) When the offices of the clerk of the district and county courts are so consolidated, the consolidated office shall be under a single clerk, who shall be both the clerk of the district court and the clerk of the county court; except that all functions, operations, and records required to be kept separate shall be so kept.

C.R.S. § 13-3-108 Maintenance of court facilities - capital improvements

13-3-108. Maintenance of court facilities - capital improvements. (1) The board of county commissioners in each county shall continue to have the responsibility of providing and maintaining adequate courtrooms and other court facilities including janitorial service, except as otherwise provided in this section. (2) The court administrator, subject to the approval of the chief justice, shall prepare annually a capital construction budget. The capital construction budget shall specify: The additional court housing facilities required for each court; the estimated cost of such additional structures or facilities and whether such additional court structures or facilities will include space used by other governmental units for nonjudicial purposes; and a detailed report on the present court facilities currently in use and the reasons for their inadequacy. (3) (Deleted by amendment, L. 97, p. 1482, § 38, effective June 3, 1997.) (4) (a) The chief justice is authorized to approve payment of state funds for the construction of any capital improvement facilities to be used for judicial purposes authorized and approved by the general assembly. (b) The court administrator, with the approval of the chief justice, shall enter into leasing agreements with the governing body of the appropriate local unit of government when joint construction is authorized, or when the approved facilities are also to be used for nonjudicial purposes. The leasing agreement shall provide for the payment of state funds for that portion of the construction costs related to the operation of the courts. (5) Construction or remodeling of any court or court-related facility shall be commenced only with prior approval of the chief justice of the Colorado supreme court after consultation with the board of county commissioners; except that a board of county commissioners, at its discretion, may take such actions.

C.R.S. § 13-3-109 Retirement - past service benefits

13-3-109. Retirement - past service benefits. (1) Past service benefits in the public employees' retirement association shall be purchased for each employee covered under sections 13-3-104 and 13-3-105 who, on January 1, 1970, meets all of the following conditions: (a) Is sixty years of age or older; (b) Was not a member of a county or a city and county retirement plan, or, if a member, is not eligible to receive a deferred annuity; (c) If a member of a county or a city and county retirement plan, has withdrawn the funds credited to his account with the county or city and county retirement fund, and paid the full amount thereof, exclusive of any voluntary contributions to such county or city and county retirement plan, into the public employees' retirement association, or who withdraws such funds and deposits them with the public employees' retirement association no later than March 31, 1970. (2) (a) When an employee meets all of the conditions in subsection (1) of this section, the public employees' retirement association shall grant him prior service credit based on length of service in a court, or department thereof, covered under sections 13-3-104 and 13-3-105, up to a maximum of five years. (b) The public employees' retirement association shall calculate the cost of granting such prior service credit to each employee, after giving credit for the amount paid, if any, by the employee, and shall bill the judicial department for such cost. In the event that the cost for an employee is less than the amount paid in by him pursuant to subsection (1)(c) of this section, the treasurer of the public employees' retirement association shall instead refund the difference to the employee. (c) The judicial department shall include the total of such billings in its appropriation request. The grant of prior service credits provided in paragraph (a) of this subsection (2) shall be made only if an appropriation therefor is made by the general assembly. (3) (a) Any employee under the age of sixty years covered under sections 13-3-104 and 13-3-105 who has been a member of a county or city and county retirement plan may purchase prior service credit by withdrawing the funds credited to his account with the county or city and county retirement fund and paying the full amount thereof into the public employees' retirement fund. (b) The public employees' retirement association shall calculate the amount of prior service credit purchased by an employee as provided in paragraph (a) of this subsection (3) and shall so notify him. (c) An employee covered under sections 13-3-104 and 13-3-105 may also purchase prior service credit, not to exceed the actual number of years of employment in a court of record, or department thereof, by making a direct payment to the public employees' retirement association in an amount determined by the public employees' retirement association to be actuarially sound and without expense to the state. (4) For the purposes set forth in article 51 of title 24, C.R.S., the employees for whom prior service credit is granted under this section shall be considered to have been employees of the state for the period of such prior service.

C.R.S. § 13-3-110 Expenses and compensation of judges outside county of residence

13-3-110. Expenses and compensation of judges outside county of residence. (1) When it is necessary for any district court judge, in the discharge of his duties, to hold court or transact judicial business outside the county of his residence, whether within or without the judicial district in which he resides, he shall be reimbursed for his actual and necessary expenses in the manner prescribed by rule of the supreme court, together with mileage at the rate prescribed for state officers and employees in section 24-9-104, C.R.S., for each mile actually and necessarily traveled going to and returning from the place where he is engaged in judicial duties. (2) When any county judge, juvenile court judge, or probate court judge is assigned to perform judicial duties in a court outside of his county of residence pursuant to section 5 (3) of article VI of the state constitution, he shall be reimbursed for his actual and necessary expenses in the manner prescribed by rule of the supreme court, together with mileage at the rate prescribed for state officers and employees in section 24-9-104, C.R.S., for each mile actually and necessarily traveled going to and returning from the place where he is engaged in judicial duties. (3) (a) When any county judge is assigned to perform judicial duties in a district, probate, or juvenile court outside of the judicial district in which he resides, as provided in section 13-6-218, he shall be paid for each day of such judicial duty, in addition to reimbursement for expenses and mileage as provided in this section, an amount equal to the difference between his per diem salary and the per diem salary of the judge of the court to which he is assigned. (b) (I) When any county judge from a county of Class C or Class D is assigned to perform judicial duties in any district court pursuant to section 5 (3) of article VI of the state constitution, and when the duties the county judge performs increase the county judge's workload beyond the percentage of workload for which he or she is paid pursuant to section 13-30-103 (1)(l), the county judge shall be paid for each day of such judicial duty, in addition to the county judge's normal part-time salary and to reimbursement for expenses and mileage as provided in this section, an amount equal to the per diem salary of the judge of the district court to which the county judge is assigned. (II) When any county judge from a county of Class C or Class D is assigned to perform judicial duties in any other county court pursuant to section 5 (3) of article VI of the state constitution, and when the duties the county judge performs increase the county judge's workload beyond the percentage of workload for which he or she is paid pursuant to section 13-30-103 (1)(l), the county judge shall be paid for each day of such judicial duty, in addition to the county judge's normal part-time salary and to reimbursement for expenses and mileage as provided in this section, an amount equal to the per diem salary of a full-time county judge. ease the county judge's workload beyond the percentage of workload for which he or she is paid pursuant to section 13-30-103 (1)(l), the county judge shall be paid for each day of such judicial duty, in addition to the county judge's normal part-time salary and to reimbursement for expenses and mileage as provided in this section, an amount equal to the per diem salary of a full-time county judge. (c) For the purposes of this subsection (3), the per diem salary of a judge shall be computed by dividing his annual salary by the figure two hundred forty. (4) When a retired justice of the supreme court or retired judge of any other court of record is assigned to judicial duties pursuant to section 5 (3) of article VI of the state constitution, he shall be compensated as provided in said section and be reimbursed for his actual and necessary expenses in the manner prescribed by rule of the supreme court, together with mileage at the rate prescribed for state officers and employees in section 24-9-104, C.R.S., for each mile actually and necessarily traveled in going to and returning from the place where he is engaged in judicial duties. (5) Any mileage and expenses incurred by a judge or a retired justice or judge pursuant to this section, except judges assigned to the county court of the city and county of Denver, shall be paid by the state pursuant to section 13-3-104. The records and procedures for such payment shall be prescribed by the state court administrator pursuant to section 13-3-106. (6) Any per diem salary pursuant to subsection (3) or (4) of this section shall be paid by the state pursuant to section 13-3-104. The records and procedures for such payments shall be prescribed by the state court administrator pursuant to section 13-3-106.

C.R.S. § 13-3-111 Appointment of retired or resigned justice or judge pursuant to agreement of parties - appointment discretionary

13-3-111. Appointment of retired or resigned justice or judge pursuant to agreement of parties - appointment discretionary. (1) Upon agreement of all appearing parties to a civil action that a specific retired or resigned justice of the supreme court or a retired or resigned judge of any other court be assigned to hear the action and upon agreement that one or more of the parties shall pay the agreed upon salary of the selected justice or judge, together with all other salaries and expenses incurred, the chief justice may assign any retired or resigned justice or retired or resigned intermediate appellate, district, county, probate, or juvenile court judge who consents temporarily to perform judicial duties for such action. (2) The decision as to whether a retired or resigned justice or judge shall be assigned to judicial duties, pursuant to subsection (1) of this section, shall be entirely within the discretion of the chief justice. The chief justice may require such undertakings as in his or her opinion may be necessary to ensure that proceedings held pursuant to this section shall be without expense to the state. (3) Such appointment may be made at any time after the action is at issue. (4) Orders, decrees, verdicts, and judgments resulting from hearings or trials presided over by a judge appointed pursuant to this section shall have the same force and effect as orders, decrees, verdicts, or judgments resulting from a hearing or trial presided over by a regularly serving judge. (5) Orders, decrees, verdicts, and judgments resulting from hearings or trials presided over by a judge appointed pursuant to this section may be enforced or appealed in the same manner as orders, decrees, verdicts, or judgments resulting from a hearing or trial presided over by a regularly sitting judge. (6) The salaries and expenses paid to judges appointed pursuant to this section shall be at the rate agreed upon by the parties and the judge. (7) The supreme court may promulgate such rules as may be necessary to implement this section.

C.R.S. § 13-3-112 Report on increase in docket fees

13-3-112. Report on increase in docket fees. (Repealed)

C.R.S. § 13-3-113 Family-friendly courts

13-3-113. Family-friendly courts. (1) Short title. This section shall be known and may be cited as the "Family-friendly Courts Act". (2) Legislative declaration. (a) The general assembly hereby finds and declares that many families experience challenges and transitions with legal ramifications that often necessitate court involvement. Frequently individuals and family members attend court or visit other governmental offices for juvenile delinquency proceedings, domestic relations proceedings, protective proceedings related to domestic abuse or domestic violence, child protection proceedings, meetings with probation officers, and other matters. Many persons who attend court proceedings are responsible for the care of young children. For many such individuals, child care issues can distract from, if not present obstacles or even barriers to, effective and complete participation in ongoing court proceedings. The general assembly finds that these issues were acknowledged and addressed in the 1999 report entitled "Creating Family Friendly Courts in Colorado: Children's Centers for the Courthouse", which report was submitted by the Colorado supreme court family friendly facilities task force and which report recommended the establishment of children's centers in courthouses. (b) The general assembly further finds that the same individuals who are in need of child care services when they are participating in court proceedings may also benefit from the availability of information and resource referrals relating to certain types of services within the community, including services addressing at-risk youth, employment counseling, employment training and placement, health education and counseling, financial management, education, legal counseling and referral, mediation, domestic abuse and domestic violence, fatherhood programs, and substance abuse. (c) The general assembly further finds that individuals who are involved in court proceedings may have additional court-ordered service needs involving their children, including, but not limited to, supervised parenting time and the transfer of the physical custody of a child from one parent to the other. (d) The general assembly therefore determines and declares that the creation of family-friendly court programs is beneficial to and in the best interests of the citizens of Colorado. The general assembly further finds that the goal of such programs shall primarily be providing quality child care in or near courthouses to the children of individuals and families who attend court-related proceedings but that such programs may also provide additional court-related family services at the facility and serve as a clearinghouse of information and resource referrals for program patrons concerning the wide variety of available services in the community, including services that provide help to at-risk youth; educational services; health services; behavioral, mental health, and substance use disorder services; legal services; and domestic abuse information. (3) Definitions. For purposes of this section: (a) "At-risk youth" shall have the same meaning as "youth" set forth in section 26-6.8-104 (3). (b) "Domestic abuse" shall have the same meaning as set forth in section 13-14-101 (2). (c) "Domestic violence" shall have the same meaning as set forth in section 18-6-800.3 (1), C.R.S. (d) "Family-friendly court services" means child care and court-related family services provided in the courthouse or courthouse complex or in reasonable proximity to the courthouse. in section 26-6.8-104 (3). (b) "Domestic abuse" shall have the same meaning as set forth in section 13-14-101 (2). (c) "Domestic violence" shall have the same meaning as set forth in section 18-6-800.3 (1), C.R.S. (d) "Family-friendly court services" means child care and court-related family services provided in the courthouse or courthouse complex or in reasonable proximity to the courthouse. (e) "Program" means the family-friendly court program established pursuant to this section. (4) Provision of family-friendly court services. There is hereby created the family-friendly court program. The purpose of the program shall be to provide quality family-friendly court services to families and the children of individuals who are attending court proceedings or related matters and to serve as a central location for the dissemination of information to families about resources and services relating to at-risk youth, employment counseling, employment training and placement, health education and counseling, financial management, education, legal counseling and referral, mediation, domestic abuse and domestic violence, fatherhood programs, and substance abuse. Grants awarded pursuant to this section shall be used to establish and maintain new family-friendly court programs in judicial districts throughout the state that do not have comparable existing programs, as well as to enhance existing family-friendly court programs. (5) Grant applications - duties of judicial districts. (a) To be eligible for moneys from the family-friendly court program cash fund, created in subsection (6) of this section, for the provision of family-friendly court services, a judicial district shall apply to the state court administrator in accordance with the timelines and guidelines adopted by the state court administrator, using an application form provided by the state court administrator. (b) The state court administrator, in determining which judicial districts may receive grant money pursuant to this section, shall consider the extent that a judicial district is responsible for: (I) Actively recruiting qualified and skilled child care providers to provide quality child care services to families and children of individuals who are attending court proceedings or related matters; (II) Conducting the necessary criminal history checks through the Colorado bureau of investigation and hiring qualified and appropriate child care providers; (III) Selecting and establishing a safe physical location in the courthouse or in the courthouse complex or in reasonable proximity to the courthouse, for the provision of child care services; (IV) When reasonably practicable in consideration of funding, staffing, and assistance from other public and private organizations, providing additional court-related family services to families and children experiencing the challenges and transitions that necessitate court involvement, including, but not limited to, supervised parenting time and transfer of the physical custody of a child from one parent to the other; (V) Soliciting information from community-based organizations, faith communities, governmental entities, schools, community mental health centers, local nonprofit or not-for-profit agencies, local law enforcement agencies, businesses, and other community service providers about the following services and resources for the purpose of providing such information to patrons of the family-friendly court services: (A) Youth services, including but not limited to youth mentoring services, services to prevent or reduce youth crime and violence, student dropout prevention and intervention services, and any other services that may be available in the community, the goal and purpose of which are to assist at-risk youth; the purpose of providing such information to patrons of the family-friendly court services: (A) Youth services, including but not limited to youth mentoring services, services to prevent or reduce youth crime and violence, student dropout prevention and intervention services, and any other services that may be available in the community, the goal and purpose of which are to assist at-risk youth; (B) Multipurpose service centers for displaced homemakers pursuant to article 15.5 of title 8, C.R.S., and other information to assist displaced homemakers, which information shall relate to employment counseling, employment training, employment placement, health education and counseling services, financial management services, educational services, and legal counseling and services; (C) Information related to health insurance and health-care coverage, including but not limited to the children's basic health plan and dental health plan, established pursuant to article 8 of title 25.5, C.R.S., and children eligible for the medical assistance program pursuant to article 5 of title 25.5, C.R.S.; (D) Substance use disorder programs that are available in the community; (E) Services and potential financial resources that may be available for victims of domestic abuse or domestic violence, including but not limited to counseling for persons who are victims of domestic abuse and their dependents, advocacy programs that assist victims in obtaining services and information, and educational services for victims of domestic violence; (F) Fatherhood programs that are available in the community; and (G) Any other services that would be beneficial to families experiencing challenges and transition necessitating court involvement, including but not limited to family stabilization services as provided in section 19-1-125, C.R.S., and mediation services; and (VI) Providing to persons staffing the program training and ongoing support with regard to the available resources and additional referrals provided through the program at each court location. (c) The judicial districts that are selected by the state court administrator to provide family-friendly court services shall be responsible for: (I) Implementing a method of evaluating the effectiveness of the family-friendly court program and assessing the impact of the child care and informational services provided through the program; and (II) Reporting annually to the state court administrator concerning the results of the judicial district's evaluation of the family-friendly court program as well as an accounting of fiscal contributions received and expenditures made by the judicial district for the implementation, administration, and maintenance of the program and such other information that the state court administrator may require or that the judicial district determines to be relevant and informative. (d) The judicial districts that are selected by the state court administrator to provide family-friendly court services that provide child care services shall meet the licensing requirements for child care facilities set forth in part 3 of article 5 of title 26.5, and all child care licensing rules promulgated by the executive director of the department of early childhood. levant and informative. (d) The judicial districts that are selected by the state court administrator to provide family-friendly court services that provide child care services shall meet the licensing requirements for child care facilities set forth in part 3 of article 5 of title 26.5, and all child care licensing rules promulgated by the executive director of the department of early childhood. (e) In addition to grants received from the state court administrator pursuant to this section, judicial districts implementing or enhancing existing family-friendly court programs pursuant to this section are authorized to accept any funds, grants, gifts, or donations from any private or public source for the purpose of implementing this section; except that no grant or donation shall be accepted if the conditions attached to the grant or donation require the expenditure thereof in a manner contrary to law. Any such moneys received by a judicial district shall be credited to the family-friendly court program cash fund created in subsection (6) of this section for grants awarded by the board pursuant to this section. (6) Family-friendly court program cash fund. (a) There is hereby created in the state treasury the family-friendly court program cash fund. The moneys in the family-friendly court program cash fund shall be subject to annual appropriation by the general assembly for the implementation of this section. The state court administrator is authorized to accept on behalf of the state any grants, gifts, or donations from any private or public source for the purpose of this section. All private and public funds received through grants, gifts, or donations shall be transmitted to the state treasurer, who shall credit the same to the family-friendly court program cash fund in addition to any moneys that may be appropriated to the cash fund directly by the general assembly. In addition, commencing July 1, 2002, the one-dollar surcharge set forth in section 42-4-1701 (4)(a)(VI), C.R.S., shall be transmitted to the state treasurer who shall credit the same to the family-friendly court program cash fund created in this subsection (6). All investment earnings derived from the deposit and investment of moneys in the fund shall remain in the fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year. (b) All moneys in the family-friendly court program cash fund, created in paragraph (a) of this subsection (6), shall be available for grants awarded by the state court administrator to judicial districts seeking to implement or enhance existing family-friendly court programs and administrative costs associated with the implementation and administration of this section. The state court administrator, subject to annual appropriation by the general assembly, is hereby authorized to expend moneys appropriated to the judicial department from the family-friendly court program cash fund to judicial districts seeking to establish or enhance family-friendly court programs pursuant to this section. (6.5) Notwithstanding any provision of subsection (6) of this section to the contrary, on April 20, 2009, the state treasurer shall deduct two hundred thousand dollars from the family-friendly court program cash fund and transfer such sum to the general fund. (7) The state court administrator shall announce to all judicial districts the availability of grants pursuant to this section for the establishment and maintenance or enhancement of family-friendly court services programs in the judicial districts. (8) (Deleted by amendment, L. 2005, p. 1000, § 1, effective June 2, 2005.)

C.R.S. § 13-3-114 State court administrator - compensation for exonerated persons - definitions - annual payments - child support payments - financial literacy training - qualified health plan - damages awarded in civil actions - reimbursement to the state

13-3-114. State court administrator - compensation for exonerated persons - definitions - annual payments - child support payments - financial literacy training - qualified health plan - damages awarded in civil actions - reimbursement to the state. (1) As used in this section, unless the context otherwise requires: (a) "Annual payment" means a payment of monetary compensation made by the state court administrator or his or her designee to an exonerated person pursuant to this section. An annual payment shall be in the amount of one hundred thousand dollars, which amount shall be adjusted annually by the state auditor to account for inflation; except that: (I) If the remaining amount of the state's duty of monetary compensation owed to the exonerated person is less than one hundred thousand dollars, the amount of the annual payment shall be equal to the remaining amount; and (II) The amount of an annual payment may be reduced as described in subsection (5) of this section. (b) "Exonerated person" means a person who has been determined by a district court pursuant to section 13-65-102 to be actually innocent, as defined in section 13-65-101 (1). (c) "Incarceration" means a person's custody in a county jail or a correctional facility while he or she serves a sentence issued pursuant to the person's conviction of a felony or pursuant to the person's adjudication as a juvenile delinquent for the commission of one or more offenses that would be felonies if committed by a person eighteen years of age or older. For the purposes of this section, "incarceration" includes placement as a juvenile to the custody of the state department of human services or a county department of human or social services. (d) "Personal financial management instruction course" means a personal financial management instruction course that has been approved by the United States trustee's office pursuant to 11 U.S.C. sec. 111. (e) "State's duty of monetary compensation" means the total amount of monetary compensation owed by the state to an exonerated person. (2) Not more than fourteen days after the state court administrator receives directions from a district court pursuant to section 13-65-103 to compensate an exonerated person, the state court administrator shall: (a) Issue an annual payment to the exonerated person. Annually thereafter, on or before the date that such payment was made, until the state's duty of monetary compensation is satisfied, the state court administrator or his or her designee shall issue an annual payment to the exonerated person. (b) Pay on the exonerated person's behalf any amount of compensation for child support payments owed by the exonerated person that became due during his or her incarceration, or any amount of interest on child support arrearages that accrued during his or her incarceration but which have not been paid, as described in section 13-65-103 (2)(e)(III). The state court administrator, or his or her designee, shall make such payment in a lump sum to the appropriate county department of human or social services or other agency responsible for receiving such payments not more than thirty days after the state court administrator receives directions from a district court to compensate an exonerated person pursuant to section 13-65-103. 103 (2)(e)(III). The state court administrator, or his or her designee, shall make such payment in a lump sum to the appropriate county department of human or social services or other agency responsible for receiving such payments not more than thirty days after the state court administrator receives directions from a district court to compensate an exonerated person pursuant to section 13-65-103. (c) Pay on the exonerated person's behalf the amount of reasonable attorney fees awarded to the exonerated person pursuant to section 13-65-103 (2)(e)(IV). (3) The amount of any payment made to, or on behalf of, an exonerated person pursuant to this section shall be deducted from the state's duty of monetary compensation to the exonerated person. (4) Notwithstanding the provisions of paragraph (a) of subsection (2) of this section, after the state court administrator has issued one annual payment to an exonerated person, the state court administrator shall not issue another annual payment to the exonerated person until the exonerated person has completed a personal financial management instruction course. (5) In each year in which the state court administrator issues an annual payment to an exonerated person, the person's annual payment shall be reduced by ten thousand dollars if the person fails to present to the state court administrator a policy or certificate showing that the person has purchased or otherwise acquired a qualified health plan for himself or herself and his or her dependents that is valid for at least six months. Such amount shall be deducted from the state's duty of monetary compensation to the exonerated person as if such amount had been issued to the exonerated person. (6) (a) An exonerated person who receives monetary compensation pursuant to this section shall reimburse the state for the total amount of annual payments made to the exonerated person pursuant to this section if: (I) The exonerated person prevails in or settles a civil action against the state or against any other government body in a civil action concerning the same acts that are the bases for the petition for compensation; and (II) The judgment rendered in the civil action or the settlement of the civil action includes an award of monetary damages to the exonerated person. (b) For the purposes of paragraph (a) of this subsection (6), in any proceeding that satisfies the description set forth in said paragraph (a), upon a satisfactory showing by the state that the exonerated person has received monetary compensation pursuant to this section, the court shall offset a sufficient amount of moneys from the exonerated person's award of monetary damages to reimburse the state for such monetary compensation. The court shall transfer such moneys to the state treasurer, who shall credit the moneys to the general fund. (7) Notwithstanding any provision of this section, the state court administrator shall not issue an annual payment to an exonerated person if: (a) (I) The exonerated person has prevailed in or settled a civil action for monetary damages as described in subsection (6) of this section; and (II) The amount of the monetary damages awarded by the court in the civil action, or stipulated in the settlement of the action, and collected by the exonerated person equals or exceeds the remaining amount of the state's duty of monetary compensation to the exonerated person; (b) The exonerated person is convicted of a class 1 or class 2 felony, or of an offense that would be considered a class 1 or class 2 felony in Colorado, after the date upon which a court issues an order of compensation on the person's behalf; or on, and collected by the exonerated person equals or exceeds the remaining amount of the state's duty of monetary compensation to the exonerated person; (b) The exonerated person is convicted of a class 1 or class 2 felony, or of an offense that would be considered a class 1 or class 2 felony in Colorado, after the date upon which a court issues an order of compensation on the person's behalf; or (c) The person has not yet completed a personal financial management instruction course, as required by subsection (4) of this section. (8) (a) At any point after the state court administrator makes an annual payment to an exonerated person pursuant to subsection (2) of this section, the exonerated person may elect to receive the remaining balance of the state's duty of monetary compensation in a lump sum by: (I) Notifying the state court administrator, the governor, and the general assembly of such election, which notification must be provided in writing; (II) Completing a personal financial management instruction course; and (III) Acquiring and committing to maintain a qualified health insurance plan. (b) Upon receiving written documentation that an exonerated person has satisfied the requirements described in subsection (8)(a) of this section, the state court administrator shall pay to the exonerated person the balance of the state's duty of monetary compensation not later than one year after receiving such written documentation.

C.R.S. § 13-3-114.5 State court administrator - reimbursement of monetary amounts paid following a vacated conviction or amended order of restitution

13-3-114.5. State court administrator - reimbursement of monetary amounts paid following a vacated conviction or amended order of restitution. Within twenty-eight days after receipt of an order from a district or county court for payment of a refund of monetary amounts paid, the state court administrator shall issue a refund payment to the person who established eligibility under section 18-1.3-703.

C.R.S. § 13-3-115 Diversion funding committee

13-3-115. Diversion funding committee. (1) The state court administrator shall establish a diversion funding committee, referred to in this section as the "committee". The committee shall consist of: (a) The attorney general or his or her designee; (b) The executive director of a statewide organization representing district attorneys or his or her designee; (c) The state public defender or his or her designee; (d) The director of the division of criminal justice in the department of public safety; and (e) The state court administrator or his or her designee; (2) (a) The committee shall develop funding guidelines, including permissible uses for the funding, and an application process for elected district attorneys to request funds appropriated by the general assembly in order to operate an adult diversion program consistent with section 18-1.3-101, C.R.S. (b) The committee shall also develop an application that includes but is not limited to: (I) A description of the adult pretrial diversion program, including the project's goals, objective, and timeline for implementation; (II) The number of adults that could be enrolled in a pretrial diversion program using the funds requested and a description of the eligibility criteria developed by the district attorney; (III) The process and method by which a participant's treatment or services needs will be assessed; (IV) Outcomes and performance measures that the program will use in its evaluation; (V) Itemized expenses for the amount of the funding request and whether the funding request is for a new adult pretrial diversion program or funding to continue or expand an existing adult pretrial diversion program; (VI) The diversion supervision fees, if any, that the district attorney will require as a condition of participation in a pretrial diversion program; and (VII) A list of any other agencies, organizations, service providers, or planning groups that would be involved in the planning and implementation of the project. (3) The committee must review all funding requests submitted by a district attorney to support an adult pretrial diversion program. By majority vote, the committee may approve all or a portion of a funding request that meets the guidelines established pursuant to paragraph (a) of subsection (2) of this section or deny a request. (4) The judicial department shall execute the contract and allocate the funding requests approved by the committee. (5) A district attorney who receives funding pursuant to this section shall collect data and provide a status report to the judicial department by a date prescribed by the committee that includes but is not limited to: (a) The number of people screened and the number of people who met the diversion program criteria; (b) The number of people enrolled in the adult pretrial diversion program; (c) Demographic information on those enrolled in the adult pretrial diversion program including age, gender, and ethnicity; (d) Participant status, including the number of people who have successfully completed the diversion program, the number of people still under active supervision in the diversion program, the number of people terminated from the diversion program, and the reason for their termination; (e) The accounting of the funds expended and the amount of any funds unexpended and unencumbered at the end of the funding period; (f) The number of people screened for behavioral health treatment; and e diversion program, the number of people still under active supervision in the diversion program, the number of people terminated from the diversion program, and the reason for their termination; (e) The accounting of the funds expended and the amount of any funds unexpended and unencumbered at the end of the funding period; (f) The number of people screened for behavioral health treatment; and (g) The number of people referred to behavioral health treatment. (6) Notwithstanding section 24-1-136 (11)(a)(I), by January 31, 2015, and each January 31 thereafter, the judicial department shall provide to the joint budget committee a status report that includes the information required by subsection (5) of this section. (7) Any funds provided to a district attorney for purposes of operating an adult pretrial diversion program pursuant to this section shall not be reverted to the general fund if unexpended by the end of the fiscal year in which the funds were received.

C.R.S. § 13-3-116 Restorative justice coordinating council - establishment - membership

13-3-116. Restorative justice coordinating council - establishment - membership. (1) (a) A council to provide assistance and education related to restorative justice programs is hereby established. The council shall be known as the "restorative justice coordinating council" and shall be established in the state judicial department within the office of the state court administrator. To the extent that resources permit, the restorative justice coordinating council shall support the development of restorative justice programs, serve as a central repository for information, assist in the development and provision of related education and training, and provide technical assistance to entities engaged in or wishing to develop restorative justice programs. (b) In order to assess the efficacy of restorative justice practices in providing satisfaction to participants, the council shall develop a uniform restorative justice satisfaction evaluation by September 1, 2013. The evaluation must be based on research principles. The evaluation must include a preconference questionnaire for the offender and participating victims, if practicable, to establish a baseline and a postconference questionnaire that is suitable to administer to restorative justice participants, including community members, participating victims, and offenders. (c) (I) The council shall develop a database of existing restorative justice programs in the state by December 31, 2013, and update it annually by December 31 of each year. (II) The database must consist of the following information: (A) The location of the restorative justice program; (B) The types of restorative justice practices used in the program and the costs and fees associated with the practices; and (C) The background, training, and restorative justice experience of the facilitators in the restorative justice program. (d) Repealed. (2) The restorative justice coordinating council includes, at a minimum, the following: (a) A member who represents a statewide juvenile justice council who shall be appointed by the executive director of the department of public safety; (b) A representative from the division of youth services in the department of human services who is appointed by the executive director of the department of human services; (c) A representative from the department of public safety who shall be appointed by the executive director of the department of public safety; (d) A representative from the judicial department who shall be appointed by the state court administrator; (e) Two representatives from a statewide organization or organizations whose primary purpose is related to the development and implementation of restorative justice programs and who shall be appointed by the executive director of the department of public safety; (f) A district attorney with juvenile justice experience who shall be appointed by the executive director of the Colorado district attorneys' council; (g) A victim's representative within the judicial department with restorative justice experience who shall be appointed by the state court administrator; (h) A representative from the department of education who shall be appointed by the commissioner of education; (i) A representative from the state board of parole appointed by the chair of the parole board; (j) A representative from the department of corrections appointed by the executive director of the department of corrections; (k) A representative from a nongovernment statewide organization representing victims appointed by the executive director of the department of public safety; (l) Three restorative justice practitioners appointed by the state court administrator; (m) A representative of the juvenile parole board appointed by the chair of the juvenile parole board; (n) The state public defender or his or her designee; (o) A judge appointed by the chief justice of the Colorado supreme court; and s appointed by the executive director of the department of public safety; (l) Three restorative justice practitioners appointed by the state court administrator; (m) A representative of the juvenile parole board appointed by the chair of the juvenile parole board; (n) The state public defender or his or her designee; (o) A judge appointed by the chief justice of the Colorado supreme court; and (p) A representative of law enforcement appointed by the state court administrator based upon a recommendation from the restorative justice coordinating council. (3) The restorative justice coordinating council shall select a chairperson from among the members of the council who shall serve a term to be determined by the council. The chairperson shall be responsible for convening the council at a frequency that shall be determined by the council. (4) Members of the restorative justice coordinating council serve without compensation but may be reimbursed for expenses incurred while serving on the council. (4.5) The restorative justice coordinating council may accept money from trainings and conferences and gifts, grants, or donations from any private or public source for the purpose of supporting restorative justice practices. All private and public money received by the restorative justice coordinating council from gifts, grants, or donations or any other source must be transmitted to the state treasurer, who shall credit the same to the restorative justice surcharge fund created pursuant to section 18-25-101, in addition to any money that may be appropriated to the fund directly by the general assembly. (5) (Deleted by amendment, L. 2017.)

C.R.S. § 13-3-117 State court administrator - automatic conviction sealing

13-3-117. State court administrator - automatic conviction sealing. (1) (a) The state court administrator shall compile a list of drug convictions pursuant to article 18 of title 18: (I) That are eligible for sealing pursuant to sections 24-72-703 and 24-72-706; and (II) (A) If the drug conviction is for a petty offense or misdemeanor, that seven years have passed since the disposition of the case; or (B) If the drug conviction is for a felony, that at least ten years have passed since the disposition of the case. (a.5) The state court administrator shall compile a list of eligible convictions, excluding crimes pursuant to section 24-4.1-302 (1): (I) That are eligible for sealing pursuant to sections 24-72-703 and 24-72-706; and (II) (A) If the judgment is for a civil infraction, that four years have passed since the final disposition of the case; (B) If the conviction is for a petty offense or misdemeanor, that at least seven years have passed since the final disposition of the case; and (C) If the conviction is for an eligible felony, that at least ten years have passed since the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction, whichever is later. (b) The state court administrator shall use the state conviction database and the conviction databases of entities that do not report convictions to the state database to compile the list. The state court administrator shall compile the list based on a name-based review with sufficient points of reference for identification validation as determined by the state court administrator. The state court administrator must only include convictions on the list if sufficient points of validation, as determined by the state court administrator, are present. The state court administrator shall not include any case in which there is no final disposition on all charges in the case. The state court administrator shall not include any judgments for which the defendant has an intervening judgment during the four-year waiting period if the judgement is for a civil infraction and shall not include any convictions for which the defendant has an intervening conviction during the seven-year waiting period if the conviction is for a petty offense or misdemeanor or during the ten-year waiting period if the conviction is for a felony. The state court administrator shall sort the list by judicial district of conviction. (c) The state court administrator shall compile the initial list pursuant to this subsection (1) by February 1, 2024, and the court shall seal all conviction records eligible for sealing pursuant to the final list compiled pursuant to subsection (3)(a) of this section based on the initial list by July 1, 2024. . The state court administrator shall sort the list by judicial district of conviction. (c) The state court administrator shall compile the initial list pursuant to this subsection (1) by February 1, 2024, and the court shall seal all conviction records eligible for sealing pursuant to the final list compiled pursuant to subsection (3)(a) of this section based on the initial list by July 1, 2024. (d) Beginning July 1, 2024, the state court administrator shall compile a list of drug convictions, misdemeanors, and petty offenses that are eligible pursuant to this subsection (1) on a quarterly basis. The state court administrator shall include the eligible felony convictions not found in article 18 of title 18 pursuant to subsection (1)(a.5) of this section beginning on July 1, 2025. (2) The state court administrator shall forward the list compiled pursuant to subsection (1) of this section to each district attorney, except for civil infractions. The state court administrator shall send the list of civil infractions to be sealed with the final list pursuant to subsection (3)(b) of this section to the chief judge for each judicial district. (3) (a) (I) Upon receipt of the list from the state court administrator, each elected district attorney, or his or her designee, may, within forty-five days, object to the inclusion of a conviction on the list for circumstances in which a condition of the plea was that the defendant agreed to not have the conviction record sealed, convictions in which the defendant has a pending criminal charge, an intervening conviction, or convictions that are ineligible for sealing. (II) For a felony conviction for an offense not in article 18 of title 18, in addition to the objections in subsection (3)(a)(I) of this section, each district attorney may, within forty-five days, object when the district attorney has a reasonable belief, grounded in supporting facts, that the public interest and public safety in retaining public access to the current record or case outweighs the privacy interest of, or adverse consequences to, the defendant. (III) Each district attorney shall file a notice with the court in the criminal case that is the subject of the record without the need for additional service on any party, noting the basis of the objection. (IV) For objections pursuant to subsection (3)(a)(II) of this section, the notice must explain the basis for the objection and include any available supporting documents. In such cases, the court shall serve notice on the defendant at the defendant's last-known address and explain in plain language that the defendant may request a hearing on the matter. If the defendant requests a hearing, the court shall proceed pursuant to section 24-72-706. (V) The state court administrator shall remove the convictions objected to by the district attorneys from the list, if any, and then compile each of the lists into one final list and sort the convictions by judicial district. All convictions from the initial lists shall be included unless objected to within the forty-five-day period as ineligible under subsection (3)(a)(I), (3)(a)(II), or (3)(a)(III) of this section. administrator shall remove the convictions objected to by the district attorneys from the list, if any, and then compile each of the lists into one final list and sort the convictions by judicial district. All convictions from the initial lists shall be included unless objected to within the forty-five-day period as ineligible under subsection (3)(a)(I), (3)(a)(II), or (3)(a)(III) of this section. (b) (I) The state court administrator shall send the final list compiled pursuant to subsection (3)(a)(V) of this section to the chief judge for the judicial district. The courts of that judicial district shall enter sealing orders based on the list received within fourteen days after receipt of the amended list from the state court administrator. (II) [Editor's note: This version of subsection (3)(b)(II) is effective until July 1, 2025.] The district court shall send a copy of the sealing order to the district attorney's office that prosecuted the case to facilitate sealing of the records held by the district attorney's offices. The court shall also send a copy to the state court administrator for purposes of subsections (3)(b)(III) and (3)(c) of this section. (II) [Editor's note: This version of subsection (3)(b)(II) is effective July 1, 2025.] The district court shall send a copy of the sealing order to the district attorney's office that prosecuted the case to facilitate sealing of the records held by the district attorney's offices. The court shall also send a copy to the state court administrator for purposes of subsections (3)(b)(III) and (3)(c) of this section. To protect defendant confidentiality, a copy shall not be mailed to the defendant, notwithstanding any Colorado criminal rule of procedure to the contrary. (III) The state court administrator shall electronically send all orders sealing records pursuant to this subsection (3)(b) to the Colorado bureau of investigation using an information-sharing data transfer to facilitate sealing of the records held by the Colorado bureau of investigation. (IV) The defendant may obtain a copy of the sealing order pursuant to section 24-72-703 (2)(c) and serve the sealing order on any custodian of the records pursuant to section 24-72-703 (8), including the law enforcement agency that investigated the case. (c) On or before July 1, 2024, the state court administrator shall develop a website that allows a defendant to confidentially determine whether the defendant's conviction has been sealed pursuant to this section and information about how to receive a copy of the sealing order. (4) (a) On or before February 1, 2024, and on or before January 1 each year thereafter, the state court administrator shall report to the judiciary committees of the senate and the house of representatives, or their successor committees, by judicial district and, to the extent possible, with data disaggregated by race and sex and by offense level, the number of conviction records in the prior calendar year that: (I) Were considered for automatic record sealing; (II) The state court administrator sent to the chief judges for each judicial district; and (III) The district attorneys objected to due to: (A) Intervening convictions; (B) The ineligibility of the offense; (C) Pending charges; (D) Plea agreements waiving the right to record sealing; and (E) Objections pursuant to subsection (3)(a)(II) of this section. (b) Notwithstanding section 24-1-136 (11)(a)(I), the report required in this subsection (4) continues indefinitely. (c) During the 2023 and 2024 legislative sessions, the judicial department shall report on the progress of its implementation of this section, including the creation of the website pursuant to subsection (3)(c) of this section, as part of the department's "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203. (5) [Editor's note: Subsection (5) is effective July 1, 2025.] sions, the judicial department shall report on the progress of its implementation of this section, including the creation of the website pursuant to subsection (3)(c) of this section, as part of the department's "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203. (5) [Editor's note: Subsection (5) is effective July 1, 2025.] (a) On or before July 1, 2025, the state court administrator shall compile a list of all criminal justice records of deferred judgments that have been successfully completed and the charges have been dismissed, acquittals, and diversion cases pursuant to section 24-72-705 (1)(a) with dispositions prior to August 2022. The state court administrator shall sort those criminal justice records by judicial district and send the final list to the chief judge of each judicial district. (b) (I) The state court administrator shall send the final list compiled pursuant to subsection (5)(a) of this section to the chief judge for the judicial district. The courts of that judicial district shall enter sealing orders based on the list received within fourteen days after receipt of the final list from the state court administrator. (II) The district court shall send a copy of the sealing order to the district attorney's office that prosecuted the case, and upon receipt of the order the district attorney's office shall seal the records held by it. The court shall also send a copy to the state court administrator for purposes of subsection (5)(b)(III) of this section. To protect defendant confidentiality, a copy shall not be mailed to the defendant, notwithstanding any Colorado criminal rule of procedure to the contrary. (III) The state court administrator shall electronically send all orders sealing records pursuant to this subsection (5)(b) to the Colorado bureau of investigation using an information-sharing data transfer. Upon receipt of the orders, the Colorado bureau of investigation shall seal all records held by the orders. (IV) The defendant may obtain a copy of the sealing order pursuant to section 24-72-703 (2)(c) and serve the sealing order on any custodian of the records pursuant to section 24-72-703 (8), including the law enforcement agency that investigated the case.

C.R.S. § 13-3-118 State court administrator - twenty-third judicial district county assistance - definition - repeal

13-3-118. State court administrator - twenty-third judicial district county assistance - definition - repeal. (1) As used in this section, unless the context otherwise requires, "eligible expenses" means costs associated with establishing a district attorney's office in the twenty-third judicial district, including: (a) For the 2023-24 state fiscal year, consulting fees and transition contractor project management fees; and (b) For the 2024-25 state fiscal year: (I) Costs related to annual and sick leave payouts for staff to transition from the eighteenth to the twenty-third judicial district; and (II) Transition and implementation of information technology infrastructure, equipment, and software; data preservation, separation, and migration; and information technology staff transition. (2) From money appropriated by the general assembly, the state court administrator's office shall reimburse counties of the current eighteenth judicial district for eligible expenses related to the creation of the twenty-third judicial district. (3) This section is repealed, effective July 1, 2026.

C.R.S. § 13-3-119 Data-sharing task force between state and municipal courts - creation - legislative declaration - repeal

13-3-119. Data-sharing task force between state and municipal courts - creation - legislative declaration - repeal. (Repealed)

C.R.S. § 13-3-120 Office of the judicial discipline ombudsman established - judicial discipline advisory board - qualifications of ombudsman - powers and duties - confidentiality - rules - definitions

13-3-120. Office of the judicial discipline ombudsman established - judicial discipline advisory board - qualifications of ombudsman - powers and duties - confidentiality - rules - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Board" means the judicial discipline ombudsman selection board, established in subsection (6) of this section. (b) "Commission" means the commission on judicial discipline created in section 13-5.3-102. (c) "Complainant" means current and former employees of the judicial department, judges, judicial department staff, and persons who work with judicial employees and staff, and includes, but is not limited to, bailiffs, litigating attorneys, interns, and volunteers. (d) "Department" means the judicial department established in this article 3. (e) "Office of the ombudsman" means the office of the judicial discipline ombudsman, created in subsection (2) of this section. (f) "Ombudsman" means the person who serves as both the judicial discipline ombudsman and the director of the office of the ombudsman. (2) The independent office of the judicial discipline ombudsman is established in the judicial department as an independent agency for the purpose of ensuring the greatest protections for a complainant. The purpose of the office of the ombudsman is to act as an independent, confidential, informal, impartial, neutral, and nonpartisan office that responds to questions or concerns from a complainant about misconduct that occurs within the department, to support a complainant in filing formal and informal complaints and grievances against members of the department, and to analyze data from the office of the ombudsman in order to report complaint and grievance trends, systemic problems, and organizational issues to the commission, the department, and the general assembly. The office of the ombudsman shall help a complainant understand how to safely navigate the complaint process. The ombudsman shall consider the standards of practice and code of ethics established by the International Ombuds Association for an organizational ombudsman, to the extent practicable. The ombudsman shall not be adversarial to the department or the commission. The ombudsman shall not request records from the department or the commission related to specific employees, judges, or justices, except at the discretion of the complainant. (3) The office of the ombudsman and the department shall operate pursuant to a memorandum of understanding between the two entities to further the purposes of this section. The memorandum of understanding must contain, at a minimum: (a) A requirement that the office of the ombudsman have its own personnel rules; (b) A requirement that the ombudsman have independent hiring and termination authority over office of the ombudsman employees; (c) A requirement that the office of the ombudsman follow judicial fiscal rules; (d) A requirement that the department offer the office of the ombudsman limited support with respect to: (I) Personnel matters; (II) Recruitment; (III) Payroll; (IV) Benefits; (V) Budget submissions, as needed; and (VI) Accounting; and nt hiring and termination authority over office of the ombudsman employees; (c) A requirement that the office of the ombudsman follow judicial fiscal rules; (d) A requirement that the department offer the office of the ombudsman limited support with respect to: (I) Personnel matters; (II) Recruitment; (III) Payroll; (IV) Benefits; (V) Budget submissions, as needed; and (VI) Accounting; and (e) Any other provisions regarding administrative support that will help maintain the independence of the office of the ombudsman. (4) The office of the ombudsman shall maintain office space that is not physically located in any building that is maintained by the judicial department. (5) The office of the ombudsman and the board established in subsection (6) of this section shall operate with autonomy, control, and authority over operations, budget, and personnel decisions related to the office of the ombudsman, board, and ombudsman. (6) (a) There is established an independent, nonpartisan judicial discipline ombudsman selection board. The board consists of five members and must include lawyers, and people with a professional background in human resources or personnel management, financial management, or experience with employee harassment or discrimination cases or as a victims' rights advocate, and professional ombudsman experience. To the extent practicable, the board should be made up of persons from different judicial districts, persons with disabilities, and persons with experience in culturally relevant practices, and reflect the geographic, ethnic, and gender diversity of the state. (b) Board members must be appointed on or before January 1, 2024, as follows: (I) The governor shall appoint one individual who is either a retired Colorado judge in good standing or a former Colorado judge in good standing; (II) The president of the Colorado senate and the minority leader of the Colorado senate shall each appoint one member with experience listed in subsections (6)(c) and (6)(d) of this section; and (III) The speaker of the Colorado house of representatives and the minority leader of the Colorado house of representatives shall each appoint one member with experience listed in subsections (6)(c) and (6)(d) of this section. (c) Board members must have experience in at least one of the following: (I) Personnel management; (II) Human resources; (III) Financial management; (IV) Experience as a professional ombudsman; (V) Experience with employee harassment or discrimination as an employment law attorney; or (VI) Experience as a victims' rights advocate. (d) In appointing board members pursuant to subsections (6)(b)(II) and (6)(b)(III) of this section, at least one appointee from the Colorado house of representatives and one appointee from the Colorado senate must be licensed Colorado attorneys in good standing. (e) Board members serve terms of four years; except that initial terms must be staggered so that no more than three members' terms expire in the same year. Three of the initial appointments will have four-year terms, and two initial appointments will have two-year terms. The appointing authority shall designate the initial terms. The appointing official shall fill any vacancies on the board for the remainder of any unexpired term. (f) The board shall meet a minimum of two times per year and additionally as needed. (g) Board members serve without compensation but may be reimbursed for actual and reasonable expenses incurred in the performance of their duties. (h) Board members may be reappointed to serve one additional term. (7) Expenses incurred for the board must be paid from the general operating budget of the office of the ombudsman. (8) The board has the following duties and responsibilities: eeded. (g) Board members serve without compensation but may be reimbursed for actual and reasonable expenses incurred in the performance of their duties. (h) Board members may be reappointed to serve one additional term. (7) Expenses incurred for the board must be paid from the general operating budget of the office of the ombudsman. (8) The board has the following duties and responsibilities: (a) To oversee the following personnel decisions related to the ombudsman: (I) On or before March 1, 2024, and as necessary thereafter, appointing a person to serve as the ombudsman. The ombudsman appointed by the board on or before March 1, 2024, shall assume the ombudsman's position on the effective date of the memorandum of understanding between the department and the office of the ombudsman. The board may discharge an ombudsman for cause. A two-thirds majority vote of the board is required to hire or discharge the ombudsman. The general assembly shall set the ombudsman's compensation, and the compensation must not be reduced during the term of the ombudsman's appointment. (II) Filling a vacancy in the ombudsman position; (III) Evaluating the ombudsman's performance as necessary based on feedback received from complainants about the ombudsman; and (IV) Developing a complaint process related to the ombudsman's performance; (b) To oversee and advise the ombudsman on the strategic direction of the office of the ombudsman and its mission and to help promote the use of, engagement with, and access to the office of the ombudsman; (c) To work cooperatively with the ombudsman to provide fiscal oversight of the general operating budget of the office of the ombudsman and ensure that the office of the ombudsman operates in compliance with the provisions of this section, the memorandum of understanding, and state and federal laws; (d) To promote the mission of the office of the ombudsman to the public; and (e) To provide assistance, as practicable and as requested by the ombudsman, to facilitate the statutory intent of this section. (9) Meetings of the board are subject to the provisions of section 24-6-402, except for executive personnel actions or meetings that require the protection of confidentiality and compliance with state privacy laws. (10) The ombudsman has the following duties and functions: (a) Create and maintain an anonymous reporting system and hotline for complainants to submit complaints. The reporting system must be equipped to retain and collect aggregated and disaggregated data regarding the reported complaints that includes the following: (I) The number of allegations of judicial misconduct received, regardless of form; (II) The types of judicial misconduct complaints received by the office of the ombudsman and to what entity the complaint was forwarded, if applicable; and (III) The demographics, including the gender, age, race, ethnicity, or disability, of judges who are the subject of the complaint and those directly affected by the claimed judicial misconduct. (b) Help a complainant understand the complainant's rights and options in reporting and filing a complaint with the commission and any other appropriate authority. This assistance must: (I) Include an explanation of the judicial discipline process, including the steps in the process, the availability of confidential reporting, and confidentiality requirements during each step of the process; and (II) Be available throughout the entire complaint process, if requested by the complainant. (c) Provide the complainant with referrals to physical and mental health-care resources, community-based advocacy services, pro bono or low-cost legal assistance or representation, or any other resource, as necessary or requested; (d) Receive complaints from complainants, and facilitate communication with a complainant and the appropriate party. This subsection (10)(d) does not prevent the commission from also receiving complaints. errals to physical and mental health-care resources, community-based advocacy services, pro bono or low-cost legal assistance or representation, or any other resource, as necessary or requested; (d) Receive complaints from complainants, and facilitate communication with a complainant and the appropriate party. This subsection (10)(d) does not prevent the commission from also receiving complaints. (e) Facilitate submission of complaints to the appropriate entity or party, only at the discretion and consent of the complainant; (f) Gather and evaluate data received by the office of the ombudsman through the reporting system and hotline, created in subsection (10)(a) of this section, to provide insights into work environment trends of the judicial department on an annual basis. To the extent possible, data must be disaggregated by gender, ethnicity, and judicial district while maintaining the confidentiality of those involved in the complaint. Findings from the data must be reported to the department, commission, and general assembly as part of the judicial department's "SMART Act" presentation required by section 2-7-203. The data must be presented in a manner that protects the confidentiality of everyone involved. The report outlined in this subsection (10)(f) shall not include personal identifying information, including gender, race, or ethnicity data, if that could potentially identify the complainant, the subject of the complaint, or any other people involved in the complaint. During the first two years of operation of the office of the ombudsman, the report must include information and feedback from the office of the ombudsman on the efficacy of the office of the ombudsman and provide recommendations for improvements or adjustments. The report must be made public on the office of the ombudsman's website. (g) Serve in an advisory capacity to the commission and the department on rule-making and provide insights and recommendations to the commission and department on changes to their respective rules and human resource policies. This information must be made public on the office of the ombudsman's website. (h) Comply with all confidentiality provisions set by the commission; (i) Ensure accountability and consistency in the operating policies and procedures of the office of the ombudsman, including reasonable rules related to the administration of the provisions of this section and any other standards of conduct and reporting requirements as provided by law; and (j) Serve as a liaison for communications between a complainant and the commission or the department and, if requested by the complainant, ensure the complainant's anonymity. (11) The ombudsman has discretion over whether or how to engage regarding individual, group, or systematic concerns and may bring a concern to the attention of appropriate individuals as the ombudsman deems appropriate. (12) The ombudsman shall be available to a complainant to discuss complaints related to the conduct of any judicial personnel. (13) To be appointed as the ombudsman, a person must possess the following qualities and qualifications: (a) Prior experience serving as an ombudsman or in an ombudsman capacity; (b) A deep understanding of and expertise in organizational culture and diversity, equity, and inclusion; (c) At least two years of professional experience working with human resources; (d) At least two years of victim advocacy experience or completion of substantial victim advocacy training; and ties and qualifications: (a) Prior experience serving as an ombudsman or in an ombudsman capacity; (b) A deep understanding of and expertise in organizational culture and diversity, equity, and inclusion; (c) At least two years of professional experience working with human resources; (d) At least two years of victim advocacy experience or completion of substantial victim advocacy training; and (e) The ability to act in a nonpartisan manner. (14) All conversations and information disclosed to the ombudsman by a complainant are confidential, unless the complainant gives the ombudsman permission to disclose the information to a third party. If the complainant has not consented to disclosure, the ombudsman shall forgo confidentiality when the disclosure involves an imminent threat of bodily harm to the complainant or another person. Information is not discoverable if received during and within the scope of the ombudsman's duties and responsibilities. The ombudsman is exempt from mandatory reporting rules, statutes, including section 13-5.3-106, or as permitted by subsection (11) of this section, and policies and shall not report an incident made known to the ombudsman by a complainant unless the complainant provides consent. (15) Records related to complaints received by the office of the ombudsman, and all other communications between the ombudsman and a complainant, are not subject to public disclosure as required by article 72 of title 24, and are not subject to the judicial department's rules regarding public record disclosure. (16) The office of the ombudsman is authorized to promulgate rules necessary to implement the requirements of this section and to ensure confidentiality of the disclosures made to the office of the ombudsman by complainants. (17) In the performance of the ombudsman's duties, the ombudsman shall act independently of the department and commission. Any recommendations made or positions taken by the ombudsman or the office of the ombudsman do not reflect those of the department or the commission.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.docxFetched: 10/6/2026