Recommendation X: The Task Force agrees that the two most promising sources of new revenue to support the costs of law enforcement and APS investigating, prosecuting, and providing protective services to vulnerable adults in Colorado is utilizing the increased revenues generated through marijuana taxes or from the Victims of Crime Act (VOCA). The Adult Protective Services program is primarily funded by State General Fund and local funds. The Colorado Legislature appropriates approximately $1.7 million of the state’s federal Social Services Block Grant (SSBG or Title XX) to the APS program annually. See Appendix X. Aside from state’s option of utilizing Title XX funds for APS, there is no other targeted federal funding for APS activities. The federal Elder Justice Act (P.L. 111-148, Title VI, H) was passed in 2010 as a subsection of the Patient Protection and Affordable Care Act, a.k.a. Obamacare. But, while $100 million dollars was authorized for state APS programs, Congress has never appropriated any funds. Even if Congress fully funded the $100 million authorization, that funding must be allocated across all 50 states plus U.S. Territories. When the Elder Justice Act was passed, the National Adult Protective Services Administration estimated that Colorado would receive just $1.27 million. Clearly, relying on Congress to fund the Elder Justice Act and subsequently the APS program in Colorado in any substantial manner is not a practical solution. Law enforcement and District Attorney Offices are primarily funded using local funds. See Appendix X. There are some limited federal grants available to law enforcement, but grant funding is unreliable and unsustainable in the long term. The Task Force, as outlined in Recommendation X, strongly advocates for developing a method for supporting law enforcement agencies and District Attorneys with additional state-level funding. The Task Force reviewed the revenue sources identified in the report written by the SB12-078 Task Force. The Task Force agrees that most of the options previously identified are still options for the Legislature to consider. See Appendix X. In addition to these options, the Task Force identified two new possible sources of revenue to support law enforcement, district attorneys, and APS in responding to reports of mistreatment of at-risk adults in Colorado: 1) a dedicated portion of the marijuana taxes; or 2) a dedicated portion of the state’s federal VOCA funding. The Task Force understands that first $40 million of revenue generated from the state excise tax on marijuana must be directed toward education related expenses, per the Constitutional amendment approved by the voters. However, the Legislature acknowledges in Section 3928-501, C.R.S. that the taxes may be used for any purpose and can request that the State Treasurer transfer funds from the Marijuana Case Fund to State General Fund. Given this and recent estimates that marijuana tax revenues are increasing over FY2014-15 revenues, the Task Force recommends that the Legislature consider dedicating a small percentage of the annual marijuana taxes to support the implementation of SB15109 and ongoing funding for law enforcement, District Attorneys, and APS. A second option for funding would tap into federal VOCA funds to be used for the APS program. VOCA funds, under the Victim Assistance Guidelines, may be used to support the Adult Protective Services program’s provision of services to elders who are victims of mistreatment and to underserved populations, including persons with disabilities, who are victims of crime. The Task Group recommends that the Legislature

direct the state’s VOCA administrator to apply for grant funds to support APS and law enforcement activities related to elder and at-risk adult mistreatment. While this option will likely not provide a consistent and sustainable source of funding, grant moneys received could be used to offset State General Fund or local funds.

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