Concerning directing one hundred percent of the funding for the public defender and prosecutor behavioral health support program for state fiscal year 2026-27 to the office of the state public defender.
Summary
HB26-1385 makes a one-year change to how Colorado funds the Public Defender and Prosecutor Behavioral Health Support Program. For state fiscal year 2026-27, instead of splitting program money between the Office of the State Public Defender and the Colorado District Attorneys’ Council, the bill directs 100% of the appropriated funds, along with any gifts, grants, or donations received for the program, to the Office of the State Public Defender.
The bill includes a legislative declaration stating that the district attorneys’ council has sufficient unspent funds from prior appropriations to administer the program in 2026-27, and therefore does not need additional funding for that year. The new allocation rule is temporary and is repealed effective December 31, 2027. The bill also carries a safety clause, indicating it is intended to take effect immediately as an appropriations measure.
Impact
The bill amends Colorado Revised Statutes section 24-32-3502 to override the existing funding split for one fiscal year and redirect all program resources to the state public defender. This changes the distribution of state appropriations and any related private funding for the behavioral health support program, while leaving the underlying program structure in place. Because the change is temporary, it affects FY 2026-27 funding only and then sunsets at the end of 2027.
Sentiment
The available context suggests the bill was generally supported as a budgetary adjustment and ultimately passed, as reflected by its enactment and gubernatorial signature. The legislative declaration indicates the sponsors viewed the change as fiscally justified because the district attorneys’ council had unused prior-year funds available. No committee transcript or recorded vote details are provided, so there is no evidence in the record here of organized opposition or extensive debate.
Contention
The main point of contention appears to be the allocation of behavioral health support funding between defense and prosecution-related offices. The bill shifts all FY 2026-27 funding to the Office of the State Public Defender, which could be seen as favoring one side of the criminal justice system over the other. The bill’s justification is that the district attorneys’ council already has sufficient unspent funds, suggesting any disagreement would likely center on whether that assessment is accurate and whether the funding should remain shared rather than fully redirected.