The executive director or his or her designee is authorized to adopt any rules in accordance with article 4 of this title deemed necessary to carry out the provisions of this part 21, excluding section 24-30-2114.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1121, � 2, effective June 2.
Editor's note: This section is similar to former � 24-21-213 as it existed prior to 2011.
24-30-2114. Surcharge - collection and distribution - address confidentiality program surcharge fund - creation - definitions. (1) On and after July 1, 2007, each person who is convicted of the crimes set forth in subsection (2) of this section shall be required to pay a surcharge of twenty-eight dollars to the clerk of the court for the judicial district in which the conviction occurs.
(2) The following crimes shall be subject to the surcharge set forth in subsection (1) of this section:
(a) Stalking;
(a.5) Human trafficking for involuntary servitude or human trafficking of a minor for involuntary servitude in violation of section 18-3-503;
(a.6) Human trafficking for sexual servitude or human trafficking of a minor for sexual servitude in violation of section 18-3-504;
(b) A crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence; or
(c) Criminal attempt, conspiracy, or solicitation to commit the crimes set forth in subsections (2)(a), (2)(a.5), (2)(a.6), and (2)(b) of this section.
(3) The clerk of the court shall allocate the surcharge required by this section as follows:
(a) Five percent shall be retained by the clerk of the court for administrative costs incurred pursuant to this section. Such amount retained shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101 (6), C.R.S.
(b) Ninety-five percent shall be transferred to the state treasurer, who shall credit the same to the address confidentiality program surcharge fund created pursuant to subsection (4) of this section.
(4) (a) There is hereby created in the state treasury the address confidentiality program surcharge fund, which shall consist of moneys received by the state treasurer pursuant to this section. The moneys in the fund shall be subject to annual appropriation by the general assembly to the department for the purpose of paying for the costs incurred by the executive director or his or her designee in the administration of the program. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any moneys not appropriated by the general assembly shall remain in the fund and shall not be transferred or revert to the general fund at the end of any fiscal year.
(b) (Deleted by amendment, L. 2011, (HB 11-1080), ch. 256, p. 1121, � 2, effective June 2, 2011.)
(c) Repealed.
(5) The court may waive all or any portion of the surcharge required by this section if the court finds that a person subject to the surcharge is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person is financially unable to pay.
(6) As used in this section, convicted and conviction mean a plea of guilty accepted by the court, including a plea of guilty entered pursuant to a deferred sentence under section 18-1.3-102, C.R.S., a verdict of guilty by a judge or jury, or a plea of no contest accepted by the court.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1121, � 2, effective June 2. L. 2013: (4)(c) repealed, (SB 13-271), ch. 299, p. 1590, � 1, effective May 28; (4)(a) amended, (HB 13-1300), ch. 316, p. 1682, � 52, effective August 7. L. 2024: (2)(a.5) and (2)(a.6) added and (2)(c) amended, (HB 24-1345), ch. 317, p. 2125, � 9, effective May 31.
Editor's note: This section is similar to former � 24-21-214 as it existed prior to 2011.
24-30-2115. Address confidentiality program fund - creation - appropriations. (1) There is created in the state treasury the address confidentiality program fund, referred to in this section as the fund. The fund consists of any gifts, grants, donations, or appropriations received by the department for the fund pursuant to subsection (2) of this section. The money in the fund shall be continuously appropriated by the general assembly to the department for the purpose of paying for the costs incurred by the executive director or the executive director's designee in the administration of the program. All interest derived from the deposit and investment of money in the fund shall be credited to the fund. Any money not appropriated by the general assembly shall remain in the fund and shall not be transferred or revert to the general fund at the end of any fiscal year.
(2) (a) The department is authorized to seek, accept, and expend gifts, grants, and donations from private or public sources for the implementation of the program. All private and public funds received through gifts, grants, and donations shall be transmitted to the state treasurer, who shall credit the same to the fund.
(b) The general assembly shall appropriate money 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 department to be used for the program, so long as the expenses such money is used for are for purposes or programs 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 department may use up to five percent of any money appropriated by the general assembly pursuant to this subsection (2)(b) for development and administrative costs incurred by the department pursuant to this subsection (2)(b).
Source: L. 2011: Entire section added, (HB 11-1080), ch. 256, p. 1122, � 3, effective June 2. L. 2021: Entire section amended, (SB 21-292), ch. 291, p. 1723, � 7, effective June 22.
Cross references: For the legislative declaration in SB 21-292, see section 1 of chapter 291, Session Laws of Colorado 2021.