(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
(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.
Source: L. 2013: Entire section added, (HB 13-1156), ch. 336, p. 1961, � 15, effective August 7. L. 2017: (6) amended, (SB 17-241), ch. 171, p. 623, � 2, effective April 28. L. 2022: (5)(d) amended and (5)(f) and (5)(g) added, (SB 22-196), ch. 193, p. 1290, � 5, effective May 19.
Cross references: For the legislative declaration in SB 22-196, see section 1 of chapter 193, Session Laws of Colorado 2022.
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
(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.)
Source: L. 2017: Entire section added with relocations, (SB 17-220), ch. 173, p. 629, � 1, effective April 28; (2)(b) amended, (HB 17-1329), ch. 381, p. 1973, � 31, effective June 6. L. 2019: (4) amended, (HB 19-1205), ch. 292, p. 2683, � 1, effective August 2.
Editor's note: (1) This section is similar to former � 19-2-213 as it existed prior to 2017.
(2) Changes to � 19-2-213 (2)(b) by HB 17-1329 were harmonized with SB 17-220 and relocated to subsection (2)(b).