(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.
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