Assistance to Victims of and Witnesses to Crimes and Aid to Law Enforcement Act

C.R.S. tit. 24, art. 4.2
in effect

C.R.S. § 24-4.2-101 Victims and witnesses assistance and law enforcement board - creation

24-4.2-101. Victims and witnesses assistance and law enforcement board - creation. (1) There is hereby created in each judicial district a victims and witnesses assistance and law enforcement board, referred to in this article as the "board". Each board shall be composed of five members to be appointed by the chief judge of the judicial district. In making such appointments, the chief judge shall consider whether an appointee represents or belongs to an organization, public or private, which might reasonably be anticipated to be a recipient of moneys pursuant to this article. In multicounty judicial districts, to the extent possible, members shall fairly reflect the population of the judicial district. The board shall designate one of its members as chairman. (1.5) Effective November 1, 2024, a victims and witnesses assistance and law enforcement board for the twenty-third judicial district is created. The twenty-third judicial district administrative judge shall appoint the initial board for the twenty-third judicial district pursuant to subsections (1) to (3) of this section. Effective January 7, 2025, the chief judge of the twenty-third judicial district has all appointment authorities and duties pursuant to this section. (2) The term of office of each member of the board shall be three years; except that, of those members first appointed, one shall be appointed for a one-year term, two for two-year terms, and two for three-year terms. All vacancies, except through the expiration of term, shall be filled for the unexpired term only. Each member may be reappointed once and serve two consecutive terms. A person may be reappointed to the board thereafter if it has been at least one year since such person served on the board. (3) Members of the board shall receive no compensation.

C.R.S. § 24-4.2-102 District attorney to assist board

24-4.2-102. District attorney to assist board. The district attorney and his legal and administrative staff shall assist the board in the performance of its duties pursuant to this article.

C.R.S. § 24-4.2-103 Victims and witnesses assistance and law enforcement fund - control of fund

24-4.2-103. Victims and witnesses assistance and law enforcement fund - control of fund. (1) The victims and witnesses assistance and law enforcement fund is hereby established in the office of the court administrator of each judicial district and is referred to in this article as the "fund". The fund shall consist of all moneys paid as a surcharge as provided in section 24-4.2-104. (1.3) The victims and witnesses assistance and law enforcement fund for the twenty-third judicial district is established in the office of the court administrator for Douglas, Elbert, and Lincoln counties. The judicial department shall coordinate with the board of the eighteenth judicial district to credit money related to Douglas, Elbert, and Lincoln counties on and after April 1, 2024, to the fund for use by the twenty-third judicial district from surcharges collected on or after April 1, 2024, in Douglas, Elbert, and Lincoln counties. Money for use by the twenty-third judicial district victims and witnesses assistance and law enforcement board must be forwarded to the court administrator and deposited into the fund. The fund consists of all money collected as a surcharge on and after April 1, 2024, as provided in section 24-4.2-104; money paid pursuant to section 17-27-104 (4)(b)(IV); money transferred from the marijuana tax fund pursuant to section 39-28.8-501 (4.9)(c); and any other money the general assembly may appropriate or transfer to the fund. The state court administrator for the twenty-third judicial district shall comply with the provisions of this section. (1.5) In addition to the money paid into the fund pursuant to subsection (1) of this section, the fund consists of money paid pursuant to section 17-27-104 (4)(b)(IV), money transferred from the marijuana tax cash fund pursuant to section 39-28.8-501 (4.9)(c), and any other money that the general assembly may appropriate or transfer to the fund. (1.7) (a) In addition to the money paid into the fund pursuant to subsections (1) and (1.5) of this section, the fund consists of money appropriated by the general assembly from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, to the office of the court administrator for distribution to the district attorney's office of each judicial district to be used for victims and witness assistance and law enforcement programs and purposes described in sections 24-4.2-103 and 24-4.2-105. (b) Money appropriated pursuant to this subsection (1.7) from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, must only fund programs and purposes that also conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended. The office of the state court administrator shall, in consultation with the division of criminal justice and the victims and witness assistance and law enforcement program administrators in each judicial district, distribute the money appropriated pursuant to this subsection (1.7) based on need. (c) Notwithstanding the provisions of subsection (4) of this section, the district attorney's office of each judicial district may use up to ten percent of any money appropriated pursuant to this subsection (1.7) for development and administrative costs incurred by the district attorney's office pursuant to this section in the provision of programs and services allowed pursuant to the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended. torney's office of each judicial district may use up to ten percent of any money appropriated pursuant to this subsection (1.7) for development and administrative costs incurred by the district attorney's office pursuant to this section in the provision of programs and services allowed pursuant to the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended. (d) The requirements set forth in section 24-4.2-105 (1) do not apply to this subsection (1.7). (1.8) (a) Within three days after May 19, 2022, the state treasurer shall transfer three million dollars to the fund from the economic recovery and relief cash fund created in section 24-75-228 for distribution to district attorneys' offices for victims and witnesses programs and purposes described in sections 24-4.2-103 and 24-4.2-105. The office of the state court administrator shall, in consultation with the division of criminal justice and the victims and witness assistance and law enforcement program administrators in each judicial district, distribute the money transferred pursuant to this subsection (1.8) based on need. (b) The judicial department and each recipient of money from the fund shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5). (c) Notwithstanding the provisions of subsection (4) of this section, a district attorney's office may use up to ten percent of any money distributed pursuant to this subsection (1.8) for development and administrative costs incurred by the district attorney's office pursuant to this section. (d) The requirements set forth in section 24-4.2-105 (1) do not apply to this subsection (1.8). (2) All money deposited in the fund shall be deposited in an interest-bearing account, which would be a legal investment for the state treasurer. All interest and income derived from the deposit and investment of money in the fund shall be credited to the fund, except as otherwise provided in section 24-75-226 (4)(c)(II). (3) At the conclusion of each fiscal year, all moneys remaining in the fund shall remain in the fund for allocation as originally designated under section 24-4.2-105. (4) All moneys deposited in the fund shall be used solely for the purposes designated in section 24-4.2-105; except that the district attorney may use up to an aggregate of ten percent of the total amount of moneys in the fund for administrative costs incurred pursuant to this article and for preparation of victim impact statements required pursuant to section 16-11-102 (1), C.R.S. The board shall determine the manner of reimbursement for preparation of victim impact statements and the method of establishing actual costs for such preparation. (5) The priority use for moneys in the fund created in this section shall be for the implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the provision of the services and programs delineated in sections 24-4.1-303, 24-4.1-304, and 24-4.2-105 (4) related to all crimes as defined by section 24-4.1-302 (1). (6) Repealed.

C.R.S. § 24-4.2-104 Surcharges levied on criminal actions and traffic offenses

24-4.2-104. Surcharges levied on criminal actions and traffic offenses. (1) (a) (I) A surcharge equal to thirty-seven percent of the fine imposed for each felony, misdemeanor, or class 1 or class 2 misdemeanor traffic offense, or a surcharge of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic offenses, whichever amount is greater, except as otherwise provided in subsection (1)(b) of this section, is levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102, which criminal action is charged pursuant to state statute. The defendant shall pay these surcharges to the clerk of the court. Each clerk shall transmit the money to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district. (II) (A) In addition to any other surcharge provided for in this section, a surcharge of one thousand three hundred dollars shall be levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102, C.R.S., which criminal action is charged pursuant to the statutes listed in sub-subparagraph (B) of this subparagraph (II). These surcharges shall be paid to the clerk of the court by the defendant. Any moneys collected by the clerk pursuant to this subparagraph (II) shall be transmitted to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district. (B) The surcharge in sub-subparagraph (A) of this subparagraph (II) shall apply to charges brought pursuant to the following sections: 18-3-305, 18-3-402, 18-3-403, as it existed prior to July 1, 2000, 18-3-404, 18-3-405, 18-3-405.3, 18-3-405.5, 18-3-503, 18-3-504, 18-6-301, 18-6-302, 18-6-403, 18-6-404, 18-7-302, 18-7-402, 18-7-405, 18-7-405.5, and 18-7-406, C.R.S., or any attempt to commit any of these crimes. (C) (Deleted by amendment, L. 93, p. 2054, § 5, effective June 9, 1993.) (b) (I) A surcharge shall be levied against a penalty assessment imposed for a violation of a class A or class B traffic infraction or class 1 or class 2 misdemeanor traffic offense pursuant to section 42-4-1701, C.R.S. The amount of such surcharge shall be one half of the amount specified in the penalty and surcharge schedule in section 42-4-1701 (4), C.R.S., or, if no amount is specified, thirty-seven percent of the penalty imposed. All moneys collected by the department of revenue pursuant to this subparagraph (I) shall be transmitted to the court administrator of the judicial district in which the infraction occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district as provided in section 42-1-217, C.R.S. Surcharges paid to the clerk of the court pursuant to this subparagraph (I) shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district. (II) A surcharge shall be levied against all penalty assessments issued pursuant to section 33-6-104, C.R.S., in an amount equal to thirty-seven percent of the penalty imposed. Any moneys collected by the division of parks and wildlife pursuant to this subparagraph (II) shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district. 3-6-104, C.R.S., in an amount equal to thirty-seven percent of the penalty imposed. Any moneys collected by the division of parks and wildlife pursuant to this subparagraph (II) shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district. (III) A surcharge of eight dollars is levied against each penalty imposed for violation of a civil infraction pursuant to section 16-2.3-101. The clerk of the court shall transmit all money collected to the court administrator of the judicial department in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district. (c) All calculated surcharge amounts resulting in dollars and cents shall be rounded down to the nearest whole dollar. The surcharge levied by this section may not be suspended or waived by the court unless the court determines that the defendant is indigent. (d) The surcharges levied pursuant to this subsection (1) are separate and distinct from costs levied pursuant to section 24-4.1-119 for the crime victim compensation fund. (1.5) Repealed. (2) The provisions of sections 18-1.3-701 and 18-1.3-702, C.R.S., shall be applicable to the collection of costs levied pursuant to this section.

C.R.S. § 24-4.2-105 Allocation of money from fund - application for grants - disbursements - repeal

24-4.2-105. Allocation of money from fund - application for grants - disbursements - repeal. (1) Thirteen percent of the aggregate amount of the moneys in the fund, after payment of the expenses specified in section 24-4.2-103 (4), shall be deposited with the state treasurer to the credit of the fund created pursuant to section 24-33.5-506. (2) Not less than eighty-five percent of the net aggregate of the fund remaining after the deduction of the amounts specified in subsection (1) of this section shall be allocated for the purchase of victims and witnesses services pursuant to subsection (4) of this section, and the remaining moneys may be allocated to the police departments, sheriffs' departments, and district attorneys for the purposes specified in subsection (3) of this section. (2.5) (a) The board shall not accept, evaluate, or approve any application requesting grants of money from the fund submitted by, or on behalf of, any state agency, including local offices of such agencies; except that: (I) The court administrator of each judicial district may apply for grants of moneys for the purpose of collecting all moneys assessed by the courts, including moneys owed pursuant to this article, and collecting and disbursing restitution owed to victims of crime; and (II) The local probation department may apply for grants of moneys for the purpose of implementing the rights of victims established pursuant to article 4.1 of this title. (b) The state judicial department shall study alternative methods for funding the collection of restitution owed to victims of crime. (3) The board shall accept and evaluate applications from the law enforcement agencies listed in subsection (2) of this section requesting grants of moneys for the following purposes, including, but not limited to, purchase of equipment, training programs, and additional personnel. Such moneys shall not be used for defraying the costs of routine and ongoing operating expenses. (4) The board is authorized to enter into contracts for the purchase and coordination of victims and witnesses assistance services with persons or agencies which the board deems appropriate. Victims and witnesses assistance services may be used for the following: (a) Provision of services for early crisis intervention; (b) Provision of telephone lines for victims and witnesses assistance; (c) Referral of victims to appropriate social service and victim compensation programs and assistance in filling out forms for compensation; (c.5) Assistance programs for victims and their families; (d) Education of victims and witnesses about the operation of the criminal justice system; (e) Assistance in prompt return of the victims' property; (f) Notification to the victim of the progress of the investigation, the defendant's arrest, subsequent bail determinations, and the status of the case; (g) Intercession with the employers or creditors of victims or witnesses; (h) Assistance to the elderly and to persons with disabilities in arranging transportation to and from court; (i) Provision of translator services; (j) Coordination of efforts to assure that victims have a secure place to wait before testifying; (k) Provision of counseling or assistance during court appearances when appropriate; (l) Protection from threats of harm and other forms of intimidation; and (m) Special advocate services. (4.3) (a) Moneys allocated for the purposes specified in subsections (3) and (4) of this section shall only be used for the purchases of equipment, training programs, additional personnel, and victims and witnesses services that are directly related to the implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the provision of services delineated pursuant to sections 24-4.1-303 and 24-4.1-304. (b) Equipment that may be purchased with such moneys includes technical equipment directly related to the immediate individual physical safety of crime victims. ctims and witnesses services that are directly related to the implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the provision of services delineated pursuant to sections 24-4.1-303 and 24-4.1-304. (b) Equipment that may be purchased with such moneys includes technical equipment directly related to the immediate individual physical safety of crime victims. (c) Grants of moneys may be approved for registration fees and expenses for lodging, travel, and meals for those in-state training programs specifically directed toward delivery of services to crime victims and for the actual cost of providing the necessary staff training directly related to the implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the provision of services delineated pursuant to sections 24-4.1-303 and 24-4.1-304. Nothing in this subsection (4.3) shall preclude volunteer board members from receiving reimbursement for actual and necessary expenses incurred at in-state training programs held pursuant to this paragraph (c). Expenses for lodging, travel, and meals which may be reimbursed pursuant to this paragraph (c) shall not exceed the state government expense reimbursement guidelines. (4.7) A requesting agency or person shall acknowledge in writing that such agency or person has read and understands the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the services delineated pursuant to sections 24-4.1-303 and 24-4.1-304. Such written acknowledgment shall be attached to such requesting agency's or person's application for moneys pursuant to this section. The board shall not accept for evaluation any application for a grant of moneys pursuant to this section until the requesting agency or person provides the board with such written acknowledgment. (5) The board shall specify levels and types of services to be provided pursuant to this section and shall review expenditures in accord with these standards. (6) Upon a finding by the board that a disbursement shall be made from the fund, the board shall submit a written request for payment to the court administrator who shall remit payment in accordance with the request. (6.5) (a) The victims and witnesses assistance and law enforcement board for the eighteenth judicial district, in consultation with the district attorney for the eighteenth judicial district and the interim chief judge for Douglas, Elbert, and Lincoln counties, has the authority to contract for services consistent with this section on behalf of the board for the twenty-third judicial district for services and grant applications to be provided from July 1, 2024, through June 30, 2025. The eighteenth judicial district victims and witnesses assistance and law enforcement board shall report to the department of public safety concerning grants applied for and services contracted for on behalf of the twenty-third judicial district pursuant to section 24-4.2-108 (1). (b) This subsection (6.5) is repealed, effective July 1, 2025. (7) For purposes of this section: (a) "Victim" and "witness" mean "victim" and "witness" as defined in section 24-4.1-302. (b) "Special advocate services" means the services offered to aid victims who are children, including, but not limited to, court-appointed special advocate (CASA) programs, sexual assault treatment and prevention programs, community-based youth and family servicing programs, gang alternative programs, school-based intervention and prevention programs, big brother and big sister programs offering aid to children who are victims, restitution programs, partners programs offering aid to children who are victims, and child abuse treatment programs. vocate (CASA) programs, sexual assault treatment and prevention programs, community-based youth and family servicing programs, gang alternative programs, school-based intervention and prevention programs, big brother and big sister programs offering aid to children who are victims, restitution programs, partners programs offering aid to children who are victims, and child abuse treatment programs. (c) "Court-Appointed Special Advocate" or "CASA" means a trained volunteer appointed by the court pursuant to the provisions of part 2 of article 1 of title 19, C.R.S., in a district to aid the court by providing independent and objective information as directed by the court, regarding children involved in actions brought pursuant to this title.

C.R.S. § 24-4.2-106 Court administrator custodian of fund - disbursements

24-4.2-106. Court administrator custodian of fund - disbursements. The court administrator of each judicial district shall be the custodian of the fund, and all disbursements from the fund shall be paid by him upon written authorization of the board.

C.R.S. § 24-4.2-107 Regulations

24-4.2-107. Regulations. In the performance of its functions, the board, pursuant to article 4 of this title, may promulgate rules and regulations prescribing the procedures to be followed in the making, filing, and evaluation of grant applications, criteria for evaluation, fiscal procedures including proper investment of moneys in the fund, and any other regulations necessary for the administration of this article.

C.R.S. § 24-4.2-108 Report of grants and expenditures

24-4.2-108. Report of grants and expenditures. (1) Each victims and witnesses assistance and law enforcement board and each crime victim compensation board shall submit a report to the executive director of the department of public safety by such date each year as shall be specified by the executive director of the department of public safety, detailing the amount of funds granted to agencies or individuals pursuant to this article and article 4.1 of this title, the number and types of agencies applying for grants, and the projects and services for which such grants were made. (2) The division of criminal justice in the department of public safety shall report annually to the crime victim services advisory board created in section 24-4.1-117.3 (1) on all grants made and contracts entered into pursuant to this article. The crime victim services advisory board may review the grants and contracts to determine the existence of any conflicts of interest involving members of boards, recipients, or contracting parties. (3) (Deleted by amendment, L. 99, p. 686, § 3, effective August 4, 1999.)

C.R.S. § 24-4.2-109 County, city, city and county, or municipality not preempted

24-4.2-109. County, city, city and county, or municipality not preempted. Nothing in this article shall preclude a home rule county, city, city and county, or municipality from enacting provisions to provide funds for law enforcement agencies and victims and witnesses assistance programs through charges assessed on fines imposed for violation of local ordinances.

C.R.S. § 24-4.2-110 Applicability

24-4.2-110. Applicability. The surcharge specified in section 24-4.2-104 shall apply to offenses committed on or after January 1, 1985.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.docxFetched: 10/6/2026