Article 24. Crimes Against Children Surcharge

As used in this article 24, unless the context otherwise requires:
(1) “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, a verdict of guilty by a judge or jury, or a plea of no contest accepted by the court.
(2) “Crime against a child” means any offense listed in section 18-3-411, or criminal attempt, conspiracy, or solicitation to commit any of those offenses, and any of the following offenses, or criminal attempt, conspiracy, or solicitation to commit any of the following offenses:
(a) Incest, in violation of section 18-6-301;
(b) Child abuse, in violation of section 18-6-401;
(c) Contributing to the delinquency of a minor, in violation of section 18-6-701;
(d) Internet luring of a child, in violation of section 18-3-306;
(e) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, when the victim is a child;
(f) Invasion of privacy for sexual gratification, in violation of section 18-3-405.6, when the victim is a child;
(g) Human trafficking of a minor for involuntary servitude, in violation of section 18-3-503; or
(h) Human trafficking of a minor for sexual servitude, in violation of section 18-3-504.

(1) Each person who is convicted of a crime against a child shall be required to pay a surcharge to the clerk of the court for the judicial district in which the conviction occurs.
(2) Surcharges pursuant to subsection (1) of this section are in the following amounts:
(a) For each class 2 felony of which a person is convicted, except as described in subsection (3) of this section, one thousand five hundred dollars;
(b) For each class 3 felony of which a person is convicted, one thousand dollars;
(c) For each class 4 felony of which a person is convicted, five hundred dollars;
(d) For each class 5 felony of which a person is convicted, three hundred seventy-five dollars;
(e) For each class 6 felony of which a person is convicted, two hundred fifty dollars;
(f) For each class 1 misdemeanor of which a person is convicted, two hundred dollars;
(g) For each class 2 misdemeanor of which a person is convicted, one hundred fifty dollars; and
(h) For each class 3 misdemeanor of which a person is convicted, seventy-five dollars.
(3) For the purposes of subsection (2)(a) of this section, if the class 2 felony of which the person is convicted is for human trafficking of a minor for involuntary servitude, as described in section 18-3-503, or for human trafficking of a minor for sexual servitude, as described in section 18-3-504, then the person is required to pay a surcharge in the amount of three thousand dollars.

(1) The clerk of the court shall allocate the surcharge required by section 18-24-102 as follows:
(a) Five percent shall be retained by the clerk of the court for administrative costs incurred pursuant to this subsection (1). 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 child abuse investigation surcharge fund created pursuant to subsection (2) of this section.
(2)
(a) There is hereby created in the state treasury the child abuse investigation surcharge fund that 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 division of criminal justice in the department of public safety for distribution to the state chapter of a nonprofit or not-for-profit organization that coordinates programs that offer a multidisciplinary team response for child sexual abuse intervention in child-friendly, child-appropriate facilities, referred to in this section as the “state chapter”.
(a.1) The division of criminal justice in the department of public safety shall establish guidelines for the distribution of the moneys from the fund, including but not limited to:
(I) Procedures for programs to use in applying to the state chapter for moneys from the fund;
(II) Procedures for the state chapter to use in reporting to the division pursuant to paragraph (a.7) of this subsection (2); and
(III) Accountability and performance standards for programs that receive moneys from the fund.
(a.3) The state chapter may use a portion of the moneys that it receives pursuant to paragraph (a) of this subsection (2) for training and technical assistance to facilitate the coordination of programs that offer a multidisciplinary team response for child sexual abuse intervention in child-friendly, child-appropriate facilities. The state chapter shall distribute the remainder of the moneys directly to the programs.
(a.5) Each program that receives money from the fund must:
(I) Include in the services provided forensic interviews, therapeutic intervention, medical evaluations, victim advocacy, case tracking, and case review;
(II) Have a signed interagency agreement and protocol with the law enforcement agencies, the district attorney’s office, and the county department of human or social services in the jurisdiction where the program is operating;
(III) Meet the national performance standards of a national accrediting body that requires programs to satisfy the criteria described in subparagraphs (I) and (II) of this paragraph (a.5); and
(IV) Satisfy the accountability and performance standards established by the division pursuant to subparagraph (III) of paragraph (a.1) of this subsection (2).
(a.7) The state chapter shall report to the division of criminal justice in the department of public safety on a regular basis to be specified by the division of criminal justice. The report shall include, but need not be limited to:
(I) A list of all programs that received moneys from the fund in the preceding fiscal year;
(II) A description of how each program that received moneys from the fund in the preceding fiscal year used those moneys;
(III) Documentation demonstrating that each program that received moneys from the fund in the preceding fiscal year satisfied all of the criteria specified in paragraph (a.5) of this subsection (2); and
(IV) Documentation demonstrating that each program that received moneys from the fund in the preceding fiscal year satisfied all of the accountability and performance standards established by the division pursuant to subparagraph (III) of paragraph (a.1) of this subsection (2).
(b) The division of criminal justice shall not expend any moneys until the fund has enough money to pay the expenses necessary to administer the fund.
(c) 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 of the state at the end of any fiscal year.
(3) The court may waive all or any portion of the surcharge required by section 18-24-102 if the court finds that a person convicted of a crime against a child 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 convicted of a crime against a child is financially unable to pay. In cases where an offender is required to pay a surcharge as described in section 18-24-102 (3), the court is encouraged to delay any finding of indigence until six months after the offender’s conviction, at which time the court may require the offender or the offender’s counsel to submit documents that substantiate the offender’s indigence. The documents may include documents establishing income.