(1) There is hereby established in the state treasury the family violence justice fund, hereafter referred to as the "fund". Pursuant to subsection (3) of this section, the state court administrator is authorized to make grants from the fund directly to qualifying organizations providing civil legal services to indigent residents of the state of Colorado.
(2) Grants from the fund shall be used to fund qualifying organizations to provide legal advice, representation, and advocacy for and on behalf of indigent clients who are victims of family violence. Moneys from the fund may be provided for services that include, but are not limited to:
The provision of direct legal representation to victims of family violence in resolvingtheir civil legal matters and removing impediments to the elimination of family violence. Such representation may include, but need not be limited to, representation in any protection order proceeding; action for dissolution of marriage, legal separation, or declaration of invalidity of marriage; action for dissolution of a civil union, legal separation, or declaration of invalidity of a civil union; paternity action; child custody action; proceeding to establish or enforce child support; administrative hearings; or any other judicial actions in which family violence is an issue or in which legal representation is necessary to protect the interests of a victim of family violence.
The provision of clinics designed to educate and assist indigent victims of familyviolence in the proceedings set forth in paragraph (a) of this subsection (2);
The provision of legal information and advice to victims of family violence, referralsto appropriate persons or agencies, and the provision of emergency assistance in appropriate cases by telephone, electronic communication, or other appropriate means.
(3) A qualifying organization seeking to receive a grant from the fund shall submit an application each year to the state court administrator on a form provided by such administrator. The application form shall request any information which the administrator may need in determining the qualifications of the organization for receipt of a grant. Commencing July 1, 1999, and quarterly thereafter, the state court administrator shall distribute grants from the fund, subject to available appropriations, to a qualifying organization for each county or city and county based upon the following formula:
The total moneys shall be disbursed in proportion to the number of persons livingbelow the poverty line in each county or city and county as determined by the most recent census published by the bureau of the census of the United States department of commerce.
If there is more than one qualifying organization within a county or city and county,the proportionate share of the fund for such county or city and county disbursed to each such qualifying organization shall be allocated in proportion to the number of indigent family violence clients served by each qualifying organization or its predecessor in the preceding year.
(4) (a) In addition to any appropriation from the general fund, the state court administrator is authorized to accept on behalf of the state any funds, grants, gifts, or donations from any private or public source for the purpose of implementing 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 violence justice fund.
(b) The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the administration of this section. The state court administrator of the judicial department, subject to annual appropriation by the general assembly, is authorized to expend moneys appropriated to the department from the fund to qualifying organizations for the purposes described in this section; except that the amount expended for indirect costs associated with the administration of this section shall not exceed three percent of the moneys appropriated to the fund in any fiscal year. All investment earnings derived from the deposit and investment of the moneys in the fund shall be credited to the fund. Any moneys not appropriated 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.
(4.5) Notwithstanding any other provision of this section, the state court administrator shall apply the moneys generated from fees collected pursuant to section 13-32-101 (1)(a),
(1)(a.5), (1)(b), and (1)(b.5), C.R.S., and transferred pursuant to section 13-32-101 (5)(a)(X) and (5)(b)(II), C.R.S., to grants to qualifying organizations that provide services described in subsection (2) of this section for or on behalf of indigent persons or their families, which persons are married, separated, or divorced or parties to a civil union or an invalidated, legally separated, or dissolved civil union.
(5) For purposes of this section:
"Administrator" means the state court administrator in the state judicial department.
"Family violence" has the same meaning as "domestic abuse" as set forth in section13-14-101 (2), C.R.S.
"Fund" means the family violence justice fund.
"Indigent" means a person whose income does not exceed one hundred twenty-fivepercent of the current federal poverty guidelines determined annually by the United States department of health and human services.
"Protection order" has the same meaning as set forth in section 18-6-803.7 (1)(b.5),C.R.S.
"Qualifying organization" means an organization that:
Provides full service civil legal services to indigent clients;
Is based in Colorado;
Is exempt from taxation pursuant to section 501 (c)(3) of the internal revenue code;and
Obtains more than thirty-three percent of its funding from sources other than grantsfrom the fund.
Source: L. 99: Entire section added, p. 1178, § 5, effective June 2. L. 2003: (2)(a) and (5)(e) amended, p. 1010, § 13, effective July 1. L. 2004: (5)(b) amended, p. 554, § 9, effective July 1. L. 2009: (4.5) added, (SB 09-068), ch. 264, p. 1211, § 6, effective July 1. L. 2010: (3)(a) amended, (HB 10-1422), ch. 419, p. 2069, § 25, effective August 11. L. 2011: (4.5) amended, (HB 11-1303), ch. 264, p. 1153, § 22, effective August 10. L. 2013: (2)(a) and (4.5) amended, (SB 13-011), ch. 49, p. 162, § 12, effective May 1. L. 2014: (5)(e) amended, (HB 14-1363), ch. 302, p. 1263, § 10, effective May 31.
Editor's note: In 2003, subsection (5)(e), as enacted in 1999, was relettered on revision as (5)(f), and subsection (5)(f), as enacted in 1999 and as amended by House Bill 03-1117, was relettered on revision as (5)(e) to put the defined terms in alphabetical order. (For House Bill 031117, see L. 2003, p. 1010.)
Cross references: For the internal revenue code, see the federal "Internal Revenue Code of 1986", title 26 of the United States Code.