HOUSE BILL 22-1003
BY REPRESENTATIVE(S) Daugherty and Gonzales-Gutierrez, Amabile,
Bacon, Benavidez, Bernett, Bird, Boesenecker, Caraveo, Cutter, Duran,
Esgar, Exum, Froelich, Gray, Herod, Hooton, Jodeh, Kennedy, Kipp,
Lindsay, Lontine, McCluskie, McCormick, Michaelson Jenet, Ricks, Sirota,
Snyder, Sullivan, Tipper, Titone, Valdez A., Valdez D., Weissman,
Woodrow, Young;
also SENATOR(S) Coleman and Hinrichsen, Bridges, Buckner, Danielson,
Donovan, Fields, Ginal, Gonzales, Hansen, Jaquez Lewis, Kolker, Lee,
Moreno, Pettersen, Priola, Rodriguez, Story, Winter, Zenzinger, Fenberg.
C
ONCERNING CREATING A GRANT PROGRAM TO FUND PROJECTS THAT
REDUCE CRIME AMONG YOUTH
, AND, IN CONNECTION THEREWITH,
MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) The health, safety, and success of Colorado's youth population
is a top priority;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (b) Research demonstrates that it is best to offer up-front services
and treatment to prevent youth from entering or further penetrating the
juvenile justice system. Research demonstrates that early intervention
results in better outcomes for youth.
(c) The cost to incarcerate an adjudicated youth in Colorado is
approximately $131,000 annually;
(d) Communities of color and underserved communities are
disproportionately referred to the justice system;
(e) Research has demonstrated that communities and the state can
save as much as eight dollars for every dollar spent on supporting
community-based, multi-agency delinquency prevention programs;
(f) Connecting young people at risk of entering the juvenile justice
system to resources can help reduce the likelihood that they become
involved with the juvenile or criminal justice system;
(g) Ensuring that young people involved with the juvenile justice
system have access to resources and supports can help prevent them from
falling deeper into the system or from becoming involved in the criminal
justice system as adults; and
(h) There are a number of successful efforts across Colorado that
provide a multidisciplinary approach to youth delinquency prevention that
can be replicated or expanded.
(2) Therefore, the general assembly determines that a strategy to
enhance delinquency prevention efforts and provide early intervention
responses to those who have entered or are at risk of entering the juvenile
justice system is necessary to prevent youth delinquency, reduce the impact
on victims of youth crimes, and ensure that all young people in Colorado
have an equal opportunity to prosper.
SECTION 2. In Colorado Revised Statutes, add 24-33.5-526 as
follows:
24-33.5-526. Delinquency prevention and young offender
intervention pilot grant program - creation - report - definitions -
PAGE 2-HOUSE BILL 22-1003 repeal. (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "E
LIGIBLE RECIPIENT" MEANS A COUNTY, MUNICIPALITY, OR CITY
AND COUNTY
, AND ANY AGENCY THEREOF THAT HAS EXPERIENCE WORKING
WITH CHILDREN AND YOUTH CRIME PREVENTION OR INTERVENTION
PROGRAMS
; AN AMERICAN INDIAN TRIBE; OR A NONPROFIT ORGANIZATION
THAT IS EXEMPT FROM TAXATION UNDER SECTION
501(c)(3) OF THE FEDERAL
"INTERNAL REVENUE CODE OF 1986", AS AMENDED. "ELIGIBLE RECIPIENT"
INCLUDES A LOCAL COLLABORATIVE MANAGEMENT PROGRAM DESCRIBED IN
SECTION
24-1.9-102, AND A LOCAL JUVENILE SERVICES PLANNING
COMMITTEE CREATED PURSUANT TO SECTION
19-2.5-302.
(b) "J
UVENILE JUSTICE AND DELINQUENCY PREVENTION C OUNCIL " OR
"COUNCIL" MEANS THE COUNCIL APPOINTED BY THE GOVERNOR TO SERVE AS
THE STATE ADVISORY GROUP PURS UANT TO THE FEDERAL
"JUVENILE JUSTICE
AND
DELINQUENCY PREVENTION ACT", 34 U.S.C. SEC. 11133 (a)(3), AS
AMENDED
.
(c) "P
ROGRAM" MEANS THE DELINQUENCY PREVENTION AND YOUNG
OFFENDER INTERVENTION PILOT GRANT PROGRAM CREATED IN THIS SECTION
.
(d) "Y
OUTH" MEANS AN INDIVIDUAL WHO IS LESS THAN TWENTY -ONE
YEARS OF AGE
.
(2) (a) T
HERE IS CREATED IN THE DIVISION THE DELINQUENCY
PREVENTION AND YOUNG OFFENDER INTERVENTION PILOT GRANT PROGRAM
TO AWARD GRANTS TO ELIGIBLE RECIPIENTS FOR COLLABORATIVE PROJECTS
TO REDUCE VIOLENCE
, CRIME, AND DELINQUENCY AMONG YOUTH .
(b) T
HE DIVISION SHALL ADMINISTER THE PROGRAM , WITH ADVICE
FROM THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION COUNCIL
.
(c) A
GRANT RECIPIENT SHALL NOT USE GRANT MONEY TO SHARE OR
FACILITATE THE SHARING OF ANY PERSONALLY IDENTIFIABLE INFORMATION
ABOUT A YOUTH WITHOUT THE CONSENT OF THE YOUTH OR THE YOUTH
'S
PARENT OR GUARDIAN
. A GRANT RECIPIENT MAY USE GRANT MONEY TO
SHARE AGGREGATED
, NONIDENTIFYING INFORMATION CONCERNING
JUVENILES
.
PAGE 3-HOUSE BILL 22-1003 (3) (a) THE JUVENILE JUSTICE AND DELI NQUENCY PREVENTION
COUNCIL SHALL SERVE AS THE ADVISORY BOARD FOR THE PROGRAM
. THE
ADVISORY BOARD SHALL ADVISE THE DEPARTMENT AND DIVISION BY
MAKING RECOMMENDATIONS ABOUT THE FOLLOWING
:
(I) C
RITERIA APPLIED TO SCORE GRANT APPLICATIONS ;
(II) T
IMELINES FOR GRANT ANNOUNCEMENTS AND APPLICATION
DEADLINES
;
(III) P
RIORITIES FOR AWARDING GRANTS ; AND
(IV) METRICS GRANT RECIPIENTS MUST REPORT TO THE DIVISION ,
INCLUDING ANY DEMOGRAPHIC DATA THAT SHOULD BE REPORTED .
(b) T
HE COUNCIL SHALL REVIEW GRANT APPLICATIONS AND ADVISE
THE DIVISION REGARDING
:
(I) G
RANT APPLICATIONS THAT ARE ELIGIBLE FOR FUNDING ;
(II) W
HICH APPLICANTS, BASED ON SCORING CONDUCTED BY THE
COUNCIL
, SHOULD RECEIVE A GRANT AWARD ; AND
(III) THE AMOUNT FOR EACH GRANT AWARD .
(c) T
HE COUNCIL SHALL REVIEW THE REPORTS SUBMITTED BY GRANT
RECIPIENTS PURSUANT TO SUBSECTION
(7)(a) OF THIS SECTION AND MAKE
ANY RECOMMENDATIONS IT DEEMS APPROPRIATE TO THE DIVISION
.
(4) T
HE DEPARTMENT, AFTER CONSULTATION WITH THE COUNCIL ,
SHALL ADOPT POLICIES, PROCEDURES, AND GUIDELINES FOR THE PROGRAM.
T
HE DEPARTMENT SHALL MAKE THE POLICIES , PROCEDURES, AND
GUIDELINES PUBLICLY AVAILABLE ON ITS WEBSITE
. AT A MINIMUM, THE
POLICIES
, PROCEDURES, AND GUIDELINES SHALL SPECIFY THE FOLLOWING ,
CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION :
(a) T
HE APPLICATION PROCESS , INCLUDING APPLICATION
REQUIREMENTS AND DEADLINES
;
(b) C
RITERIA FOR SELECTING GRANT RECIPIENTS AND DETERMINING
PAGE 4-HOUSE BILL 22-1003 THE AMOUNT OF THE GRANT, WHICH MUST INCLUDE THE EXTENT TO WHICH
THE APPLICANT DEMONSTRATES EXPERIENCE IN THE JUVENILE JUSTICE
SYSTEM
, DELINQUENCY PREVENTION , AND REDUCING RECIDIVISM AMONG
YOUTH
; A COMMITMENT TO USING RESEARCH -INFORMED CRIME AND
VIOLENCE REDUCTION STRATEGIES
; AND WHETHER THE GRANTEE HAS
RESOURCES TO REPORT ON PROJECT METRICS TO BE DETERMINED BY THE
COUNCIL
;
(c) D
EADLINES FOR AWARDING GRANTS ; AND
(d) REPORTING REQUIREMENTS AND DEADLINES FOR GRANT
RECIPIENTS
.
(5) I
N ORDER TO RECEIVE A GRANT, AN ELIGIBLE RECIPIENT MUST
SUBMIT A GRANT APPLICATION TO THE DIVISION
. AT A MINIMUM, THE
APPLICATION MUST
:
(a) D
ESCRIBE THE PROJECT THAT WILL BE FUNDED WITH A GRANT
AWARD AND WHETHER THE PROJECT DEMONSTRATES A COMMUNITY
-BASED
RESPONSE TO CRIME AMONG YOUTH IN WHICH MULTIPLE PARTNERS ARE
COORDINATING TO MEET THE GOALS OF THE PROGRAM
;
(b) D
ESCRIBE ANY PARTNERS THE APPLICANT WILL WORK WITH ON
THE PROJECT
, WHICH MAY INCLUDE ANOTHER ELIGIBLE ENTITY OR A SCHOOL
DISTRICT OR DISTRICT CHARTER SCHOOL
; OR A CHARTER SCHOOL
AUTHORIZED BY THE STATE CHARTER SCHOOL INSTITUTE
;
(c) P
ROVIDE DATA DOCUMENTING THE NEED FOR THE PROJECT ,
INCLUDING THE RATES OF CRIME AMONG YOUTH IN THE PROJECT AREA ;
(d) D
ESCRIBE HOW THE PROJECT WILL HELP PREVENT YOUTH
INVOLVEMENT IN THE JUVENILE JUSTICE SYSTEM
;
(e) D
ESCRIBE THE RESOURCES THE APPLICANT WILL PROVIDE TO
IMPLEMENT AND SUSTAIN THE PROJECT DURING THE PROJECT PERIOD
; AND
(f) INCLUDE ANY OTHER INFORMATION REQUIRED BY DEPARTMENT
POLICIES
, PROCEDURES, AND GUIDELINES.
(6) (a) T
HE DIVISION AND COUNCIL SHALL REVIEW GRANT
PAGE 5-HOUSE BILL 22-1003 APPLICATIONS. AFTER RECEIVING RECOMMENDATIONS FROM THE COUNCIL ,
THE DIVISION SHALL AWARD GRANTS IN ACCORDANCE WITH DEPARTMENT
POLICIES
, PROCEDURES, AND GUIDELINES AND THE REQUIREMENTS OF THIS
SECTION
. GRANTS AWARDED PURSUANT TO THIS SECTION ARE TWO -YEAR
GRANTS THAT COVER STATE FISCAL YEARS
2022-23 AND 2023-24. SUBJECT
TO AVAILABLE APPROPRIATIONS
, THE DIVISION SHALL ANNUALLY
DISTRIBUTE GRANT MONEY TO GRANT RECIPIENTS
.
(b) I
N REVIEWING AND SELECTING GRANT RECIPIENTS , THE DIVISION
SHALL GIVE PREFERENCE TO APPLICANTS THAT DOCUMENT A COORDINATED
RESPONSE WITH MULTIPLE COMMUNITY
-BASED PARTNERS TO REDUCE YOUTH
INVOLVEMENT IN THE JUVENILE JUSTICE SYSTEM
.
(c) T
HE DIVISION MAY REQUIRE A GRANT RECIPIENT TO INCLUDE
PROJECT
-SPECIFIC INFORMATION IN ITS REPORT MADE PURSUANT TO
SUBSECTION
(7)(a) OF THIS SECTION.
(d) A
GRANT RECIPIENT MAY USE UP TO SEVEN AND ONE -HALF
PERCENT OF THE GRANT AWARD FOR ADMINISTRATIVE
, STAFFING, AND
OTHER START
-UP EXPENSES NECESSARY TO IMPLEMENT A PROJECT
SUPPORTED WITH A GRANT AWARD
.
(7) (a) A
GRANT RECIPIENT SHALL SUBMIT A REPORT TO THE DIVISION
TWICE EACH YEAR IN ACCORDANCE WITH THE DEADLINES SET BY THE
DEPARTMENT
. THE REPORT MUST INCLUDE:
(I) A
DESCRIPTION OF THE SERVICES DELIVERED TO YOUTH IN NEED
OF ASSISTANCE AND THE NUMBER OF YOUTH SERVED WITH A GRANT AWARD
;
(II) D
EMOGRAPHIC DATA REQUIRED BY THE DIVISION IN THE GRANT
AWARD
;
(III) D
ISCIPLINARY INCIDENTS INCLUDING SUSPENSIONS AND
EXPULSIONS IN SCHOOLS SERVED BY A PROJECT
, IF APPLICABLE;
(IV) A
NY PERFORMANCE MEASURES IDENTIFIED BY A GRANT
RECIPIENT IN ITS GRANT APPLICATION
; AND
(V) OTHER METRICS CONCERNING THE USE OF A GRANT AWARD
DETERMINED BY THE DIVISION IN COLLABORATION WITH THE COUNCIL
.
PAGE 6-HOUSE BILL 22-1003 (b) ON OR BEFORE JUNE 30, 2023, AND ON OR BEFORE JUNE 30 OF
EACH YEAR THEREAFTER
, THE DIVISION SHALL SUBMIT A REPORT ON THE
PROGRAM TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE
, THE
HOUSE OF REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND HUMAN
SERVICES COMMITTEE
, THE SENATE HEALTH AND HUMAN SERVICES
COMMITTEE
, AND THE SENATE JUDICIARY COMMITTEE, OR THEIR SUCCESSOR
COMMITTEES
. THE REPORT MUST INCLUDE A SUMMARY OF THE INFORMATION
REPORTED BY GRANT RECIPIENTS PURSUANT TO SUBSECTION
(7)(a) OF THIS
SECTION AND INFORMATION REGARDING WHETHER THE PROGRAM IS MEETING
THE GOALS DESCRIBED IN THIS SECTION
.
(c) I
N ITS ANNUAL PRESENTATION TO THE COMMITTEES OF
REFERENCE PURSUANT TO SECTION
2-7-203 FOR THE 2024 LEGISLATIVE
SESSION
, THE DEPARTMENT SHALL INCLUDE A SUMMARY OF THE PROGRAM
AND A RECOMMENDATION OF WHETHER TO CONTINUE AND EXPAND THE
PROGRAM
.
(8) I
N EACH OF THE FISCAL YEARS 2022-23 AND 2023-24, THE
GENERAL ASSEMBLY SHALL APPROPRIATE TWO MILLION ONE HUNDRED
THOUSAND DOLLARS FROM THE GENERAL FUND FOR THE PROGRAM
.
(9) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 31, 2024.
SECTION 3. Appropriation. For the 2022-23 state fiscal year,
$2,100,000 is appropriated to the department of public safety for use by the
division of criminal justice. This appropriation is from the general fund and
is based on an assumption that the department will require an additional 1.8
FTE. To implement this act, the department may use this appropriation for
youth delinquency prevention and intervention grants related to juvenile
justice and delinquency prevention.
SECTION 4. Safety clause. The general assembly hereby finds,
PAGE 7-HOUSE BILL 22-1003 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 22-1003