First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0969.01 Conrad Imel x2313
HOUSE BILL 23-1307
House Committees Senate Committees
Public & Behavioral Health & Human Services
A BILL FOR AN ACT
C
ONCERNING ENHANCED SUPPORTS FOR YOUTH WHO ARE IN101
DETENTION.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires the general assembly to appropriate $3,340,119
to the department of human services (department) in each fiscal year for
services for youth who can be placed in lieu of detention. Of the money,
the department shall:
! Allocate $200,000 to judicial districts for services for
detained youth and supports for youth moving from
HOUSE SPONSORSHIP
Daugherty and Soper,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. detention to treatment or other placements;
! Use $1,780,137 to incentivize and remove barriers for
licensed providers to serve youth who may be placed in
community residential facilities or family-like settings in
lieu of detention; and
! Use $1,359,982 of the money for temporary emergency
detention beds for juveniles.
Existing law limits the number of juvenile detention beds available
for juveniles statewide, which are allocated to catchment areas established
by the department together with the state court administrator in the
judicial department. The beds in each catchment area are allocated to each
judicial district in the catchment area. The bill establishes 22 temporary
emergency detention beds that may be used, pursuant to a court order,
when there are no available judicial detention beds in a catchment area.
The department allocates temporary emergency detention beds to each
catchment area. The bill sets forth the process for a court to issue an order
permitting the use of a temporary emergency detention bed. Temporary
emergency detention beds do not count toward the statewide juvenile
detention bed limit.
The court is required to immediately appoint a guardian ad litem
for each detained juvenile.
Under existing law, the working group for criteria for placement
of juvenile offenders, known as the CYDC working group, is required to
review data collected by the division of youth services every 2 years. The
bill requires the CDYC working group to conduct the review annually.
The department is required to collect statewide data about:
! Youth eligible for release from a detention facility without
an additional court order if services or placements are
available for the youth;
! The use of temporary emergency detention beds; and
! Youth released from detention solely because the number
of youth detained statewide exceeds the statewide detention
bed cap.
The department shall annually report the statewide data to the
CYDC working group, the house of representatives and senate judiciary
committees, the house of representatives public and behavioral health and
human services committee, and the senate health and human services
committee, or any successor committees.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
HB23-1307-2- (a) Across the state, there is a need for community-based services1
and supports spanning the youth services continuum that help to serve2
youth, including those with high mental health needs, significant3
substance abuse concerns, or other unmet needs. The state of Colorado4
must ensure adequate resources to provide community services and5
supports that could safely keep youth in the home or place youth who are6
unable to return home in appropriate therapeutic out-of-home placements.7
(b) Additional investment in alternatives to incarceration is8
necessary to develop and expand inpatient beds available to treat youth9
with substance use disorders; residential treatment programs for youth10
with mental health needs; community-based mental health services for11
children and families; and other community-based, culturally relevant,12
developmentally appropriate services, including mentorship programs for13
youth;14
(c) The general assembly recognized the need for more inpatient15
treatment beds for adolescents with substance use disorders in section16
27-80-127, Colorado Revised Statutes, and required the behavioral health17
administration to create, develop, or contract for additional substance use18
treatment beds for youth;19
(d) The general assembly further recognized the need to eliminate20
barriers to youth moving into the least restrictive placements by21
establishing the high-risk families cash fund in section 27-80-123,22
Colorado Revised Statutes, to better serve children and youth at risk of23
entering, or who are involved in, the juvenile justice system, and by24
providing funding for a youth neuro-psych facility, psychiatric residential25
treatment programs, and qualified residential treatment programs in26
section 27-90-112, Colorado Revised Statutes;27
HB23-1307
-3- (e) A lack of appropriate out-of-home, non-secure, specialized1
placements for youth is causing some youth who could otherwise be2
placed in lieu of detention to be detained in a division of youth services3
youth detention center for longer than if the placements were available;4
(f) The Colorado youth detention continuum (CYDC) advisory5
board has developed new metrics to determine current needs related to6
youth detention that can help interested parties understand how many7
youth are currently held in secure detention until a licensed residential8
treatment option accepts the youth into their milieu and identify creative9
solutions that are available to manage the juvenile detention bed cap to10
best serve Colorado youth; and11
(g) Guardian ad litems provide critical services for youth involved12
with the juvenile justice system, including providing advocacy and13
representation in court settings for detained youth.14
(2) Therefore, the general assembly declares that support is15
needed for the department of human services to provide incentives to16
community-based residential providers to serve youth exiting secure17
detention and to build additional capacity for community-based, culturally18
relevant, developmentally appropriate services, including prevention,19
intervention, and mentorship programs, that can be offered to youth being20
held in secure detention and as they exit into the community.21
(3) The general assembly further finds that it is beneficial for the22
department of human services to track necessary metrics to understand23
the need for funds for services and placements on an ongoing basis and24
support the CYDC advisory board in recommending ways to meet this25
need and manage the current juvenile detention bed cap.26
SECTION 2. In Colorado Revised Statutes, add 19-2.5-1407.327
HB23-1307
-4- as follows:1
19-2.5-1407.3. Appropriation to the department of human2
services - allocation to judicial districts - provider incentives -3
temporary emergency detention beds - repeal. (1) F
OR STATE FISCAL4
YEAR 2023-24, AND FOR EACH STATE FISCAL YEAR THEREAFTER , THE5
GENERAL ASSEMBLY SHALL APPROPRIATE THREE MILLION THREE HUNDRED6
FORTY THOUSAND ONE HUNDRED NINETEEN DOLLARS FROM THE GENERAL7
FUND TO THE DEPARTMENT FOR YOUTH WHO CAN BE PLACED IN LIEU OF8
DETENTION.9
(2) O
F THE MONEY APPROPRIATED PURSUANT TO SUBSECTION (1)10
OF THIS SECTION, THE DEPARTMENT SHALL ALLOCATE TWO HUNDRED11
THOUSAND DOLLARS FOR USE BY THE DIVISION OF YOUTH SERVICES TO12
SUPPORT SERVICES FOR YOUTH WHO ARE DETAINED OR CAN BE PLACED IN13
LIEU OF DETENTION. THE DIVISION MAY USE THE MONEY FOR ANY OF THE14
FOLLOWING:15
(a) C
OMMUNITY-BASED OUTPATIENT THERAPEUTIC SERVICES ,16
INCLUDING MENTAL AND BEHAVIORAL HEALTH SERVICES , FAMILY17
THERAPY SERVICES, AND SUBSTANCE USE TREATMENT AND THERAPY ;18
(b) M
ENTORSHIP SERVICES FOR YOUTH , INCLUDING ENSURING19
CONTINUITY OF MENTORSHIP SERVICES AFTER A YOUTH IS RELEASED FROM20
DETENTION; AND21
(c) S
UPPORTS TO ASSIST WITH MOVING YOUTH WHO REQUIRE22
OUT-OF-HOME PLACEMENT QUICKLY FROM DETENTION TO THE23
OUT-OF-HOME PLACEMENT, INCLUDING, BUT NOT LIMITED TO:24
(I) S
UPPORT FOR A GRANDPARENT , KIN, OR OTHER SUITABLE25
PERSON FOR CARE OF A JUVENILE RELEASED TO THE PERSON 'S CARE;26
(II) S
UPPORT FOR FOSTER PARENTS;27
HB23-1307
-5- (III) RECRUITMENT OF FOSTER PARENTS ; AND1
(IV) R
ESPITE CHILD CARE.2
(3) O
F THE MONEY APPROPRIATED PURSUANT TO SUBSECTION (1)3
OF THIS SECTION, THE DEPARTMENT SHALL USE ONE MILLION SEVEN4
HUNDRED EIGHTY THOUSAND ONE HUNDRED THIRTY -SEVEN DOLLARS TO5
PROVIDE INCENTIVES AND REMOVE BARRIERS FOR LICENSED PROVIDERS TO6
SERVE YOUTH WHO MAY BE PLACED IN COMMUNITY RESIDENTIAL7
FACILITIES OR FAMILY-LIKE SETTINGS IN LIEU OF DETENTION. IN ORDER TO8
BE ELIGIBLE TO RECEIVE AN INCENTIVE OR OTHER FUNDING PURSUANT TO9
THIS SUBSECTION (3), A PROVIDER MUST BE LICENSED TO PROVIDE OR10
OPERATE ANY OF THE FOLLOWING : TEMPORARY SHELTER, AS DEFINED IN11
SECTION 19-1-103; A RESIDENTIAL CHILD CARE FACILITY, AS DEFINED IN12
SECTION 26-6-903; A QUALIFIED RESIDENTIAL TREATMENT PROGRAM , AS13
DEFINED IN SECTION 26-5.4-102; A PSYCHIATRIC RESIDENTIAL TREATMENT14
FACILITY, AS DEFINED IN SECTION 25.5-4-103; THERAPEUTIC FOSTER CARE15
OR TREATMENT FOSTER CARE , AS EACH IS DEFINED IN SECTION 26-6-903;16
OR A FOSTER CARE HOME, AS DEFINED IN SECTION 26-6-903 (10).17
(4) (a) O
F THE MONEY APPROPRIATED PURSUANT TO SUBSECTION18
(1)
OF THIS SECTION, THE DEPARTMENT SHALL USE ONE MILLION THREE19
HUNDRED FIFTY-NINE THOUSAND NINE HUNDRED EIGHTY -TWO DOLLARS20
FOR THE PROVISION OF TEMPORARY EMERGENCY DETENTION BEDS21
DESCRIBED IN SUBSECTION (4)(b) OF THIS SECTION.22
(b) T
WENTY-TWO TEMPORARY EMERGENCY DETENTION BEDS ARE23
AVAILABLE STATEWIDE. A TEMPORARY EMERGENCY DETENTION BED DOES24
NOT COUNT TOWARD THE LIMIT OF JUVENILE DETENTION BEDS AVAILABLE25
PURSUANT TO SECTION 19-2.5-1514. THE DEPARTMENT SHALL ANNUALLY26
ALLOCATE THE NUMBER OF TEMPORARY EMERGENCY DETENTION BEDS TO27
HB23-1307
-6- EACH CATCHMENT AREA IN THE STATE CREATED PURSUANT TO SECTION1
19-2.5-1513.
A TEMPORARY EMERGENCY DETENTION BED MAY BE MADE2
AVAILABLE TO A JUDICIAL DISTRICT PURSUANT TO A COURT ORDER ISSUED3
PURSUANT TO, AND SUBJECT TO THE RESTRICTIONS SET FORTH IN ,4
SUBSECTION (4)(c) OF THIS SECTION.5
(c) (I) T
HE DISTRICT ATTORNEY OF A JUDICIAL DISTRICT OR A6
COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES MAY PETITION THE7
COURT TO EXCEED THE NUMBER OF JUVENILE DETENTION BEDS8
ALLOCATED TO A CATCHMENT AREA PURSUANT TO SECTION 19-2.5-14059
FOR FIVE BUSINESS DAYS IF:10
(A) W
HEN ALL STATUTORILY AVAILABLE DETENTION BEDS11
ALLOCATED TO THE JUDICIAL DISTRICT AND ANY JUDICIAL DISTRICT12
SHARING THE SAME FACILITY ARE OCCUPIED , THE JUDICIAL DISTRICT IS13
PRESENTED WITH A JUVENILE WHO IS CHARGED WITH COMMITTING A14
DELINQUENT ACT WHO SCREENS INTO DETENTION BASED ON THE CURRENT15
DETENTION SCREENING INSTRUMENT ;16
(B) N
O DETENTION BEDS ARE AVAILABLE WITHIN THE JUDICIAL17
DISTRICT'S CATCHMENT AREA; AND18
(C) T
HERE ARE NO AVAILABLE JUVENILE DETENTION BEDS IN ANY19
FACILITY WITHIN ONE HUNDRED MILES OF THE JUDICIAL DISTRICT 'S20
FACILITY.21
(II) U
PON RECEIPT OF A PETITION TO EXCEED THE NUMBER OF22
JUVENILE DETENTION BEDS ALLOCATED TO A CATCHMENT AREA FILED23
PURSUANT TO THIS SUBSECTION (4)(c), A COURT SHALL ISSUE AN ORDER24
PERMITTING A JUDICIAL DISTRICT TO EXCEED THE NUMBER OF JUVENILE25
DETENTION BEDS ALLOCATED TO THE CATCHMENT AREA IF THE COURT26
SPECIFICALLY FINDS THAT THE FOLLOWING CIRCUMSTANCES EXIST :27
HB23-1307
-7- (A) NO DETENTION BEDS ARE AVAILABLE IN THE CATCHMENT1
AREA;2
(B) T
HERE IS A LEGAL BASIS FOR DETAINING EACH JUVENILE WHO3
IS DETAINED IN THE CATCHMENT AREA , WHICH MAY INCLUDE FOR EACH4
JUVENILE SCREENED THAT THE DETENTION SCREENING INSTRUMENT DOES5
NOT SUPPORT RELEASE BECAUSE THE JUVENILE PRESENTS A SUBSTANTIAL6
RISK OF SERIOUS HARM TO OTHERS OR IS A FLIGHT RISK FROM7
PROSECUTION;8
(C) S
ERVICES ARE NOT AVAILABLE FOR ANY JUVENILE CURRENTLY9
PLACED IN DETENTION IN THE CATCHMENT AREA THAT WOULD MITIGATE10
THE SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS PRESENTED BY THE11
JUVENILE OR THE JUVENILE'S RISK OF FLIGHT FROM PROSECUTION; AND12
(D) O
THER FORMS OF COMMUNITY -BASED SUPERVISION FOR THE13
INCOMING JUVENILE SACRIFICE THE PROTECTION OF THE COMMUNITY .14
(III) O
N THE FIFTH BUSINESS DAY FOLLOWING THE ISSUANCE OR15
RENEWAL OF EACH COURT ORDER ISSUED PURSUANT TO THIS SUBSECTION16
(4)(c),
IF THE CIRCUMSTANCES DESCRIBED IN SUBSECTION (4)(c)(I) OF THIS17
SECTION EXIST AND THE JUVENILE FOR WHOM THE TEMPORARY18
EMERGENCY DETENTION BED IS AVAILABLE REMAINS DETAINED , THE19
PERSON WHO FILED THE INITIAL PETITION PURSUANT TO SUBSECTION20
(4)(c)(I)
OF THIS SECTION, OR THE PERSON'S DESIGNEE, SHALL INFORM THE21
COURT THAT THE CIRCUMSTANCES STILL EXIST AND THE JUVENILE22
REMAINS DETAINED. AT THE TIME OF INFORMING THE COURT, THE PERSON23
SHALL ALSO PROVIDE THE COURT WITH UPDATED INFORMATION ABOUT24
THE CIRCUMSTANCES THE COURT IS REQUIRED TO FIND PURSUANT TO25
SUBSECTION (4)(c)(II) OF THIS SECTION. UPON NOTIFICATION FROM THE26
PERSON, THE COURT SHALL HOLD A HEARING TO DETERMINE WHETHER TO27
HB23-1307
-8- RENEW THE ORDER . THE COURT MAY RENEW ITS ORDER FOR AN1
ADDITIONAL FIVE DAYS IF IT MAKES THE FINDINGS REQUIRED IN2
SUBSECTION (4)(c)(II) OF THIS SECTION FOR ISSUANCE OF A COURT ORDER.3
(5) (a) A
CCESS TO SERVICES AND TEMPORARY EMERGENCY4
DETENTION BEDS CREATED OR EXPANDED WITH MONEY APPROPRIATED5
PURSUANT TO THIS SECTION MUST BE AVAILABLE AND ACCESSIBLE TO6
YOUTH BEGINNING NO LATER THAN DECEMBER 1, 2023.7
(b) T
HIS SUBSECTION (5) IS REPEALED, EFFECTIVE JUNE 30, 2024.8
SECTION 3. In Colorado Revised Statutes, 19-2.5-305, add (2.5)9
as follows:10
19-2.5-305. Detention and shelter - hearing - time limits -11
findings - review - guardian ad litem appointed - confinement with12
adult offenders - restrictions. (2.5) T
HE COURT SHALL IMMEDIATELY13
APPOINT A GUARDIAN AD LITEM FOR A JUVENILE DETAINED PURSUANT TO14
THIS ARTICLE 2.5.15
SECTION 4. In Colorado Revised Statutes, 19-2.5-1404, amend16
(1)(b)(VII) and (3)(b) introductory portion; and add (3)(d) as follows:17
19-2.5-1404. Working group for criteria for placement of]18
juvenile offenders - establishment of formula - review of criteria -19
report. (1) (b) The working group shall carry out the following duties:20
(VII) At least every two years, to
ANNUALLY review data collected21
by the division of youth services on the use of funding pursuant to22
subsection (1)(b)(V) of this section and its impact on the use of juvenile23
detention. The working group shall identify the measures that it will24
collect as part of its review of the impact of preadjudicated funding on25
detention pursuant to this section.26
(3) (b) On or before July 1, 2023, and on or before July 1 each27
HB23-1307
-9- year thereafter, the department of human services shall submit a report to1
the working group, the judiciary committees of the senate and the house2
of representatives, or any successor committees, and the health and3
human services committee of the senate and the public and behavioral4
health and human services committee of the house of representatives, or5
any successor committees. including THE REPORT MUST INCLUDE THE6
DATA COLLECTED PURSUANT TO SUBSECTION (3)(d) OF THIS SECTION FOR7
THE PRIOR CALENDAR YEAR AND THE FOLLOWING :8
(d) B
EGINNING FOR STATE FISCAL YEAR 2023-24, AND FOR EACH9
FISCAL YEAR THEREAFTER, THE STATE DEPARTMENT SHALL COLLECT DATA10
STATEWIDE CONCERNING THE FOLLOWING :11
(I) T
HE FOLLOWING INFORMATION ABOUT YOUTH IN EACH12
DETENTION FACILITY WHO ARE ELIGIBLE FOR RELEASE FROM A DETENTION13
FACILITY WITHOUT AN ADDITIONAL COURT ORDER IF SERVICES OR A14
PLACEMENT ARE AVAILABLE FOR THE YOUTH BUT WHO ARE BEING HELD IN15
DETENTION DUE TO LACK OF AVAILABLE SERVICES OR PLACEMENT :16
(A) D
EMOGRAPHIC INFORMATION OF YOUTH , INCLUDING RACE,17
ETHNICITY, GENDER, AGE, SEXUAL ORIENTATION, GENDER IDENTITY, AND18
DISABILITY STATUS, TO THE EXTENT THE INFORMATION IS AVAILABLE; AND19
(B) T
HE NUMBER OF YOUTH ELIGIBLE FOR RELEASE WITHOUT AN20
ADDITIONAL COURT ORDER WHO , AFTER BEING HELD IN DETENTION FOR A21
PERIOD OF TIME DUE TO A LACK OF AVAILABLE SERVICES OR PLACEMENT ,22
ARE RELEASED FROM DETENTION WIT HOUT THE IDENTIFIED SERVICES OR23
PLACEMENT, AND THE NUMBER OF DAYS BETWEEN THE IDENTIFICATION OF24
THE NEED FOR SERVICES OR PLACEMENT AND RELEASE , FOR EACH YOUTH;25
(II) T
HE NUMBER OF TEMPORARY EMERGENCY DETENTION BEDS ,26
DESCRIBED IN SECTION 19-2.5-1407.3 (4), USED EACH DAY IN EACH27
HB23-1307
-10- CATCHMENT AREA;1
(III) T
HE NUMBER OF YOUTH RELEASED FROM DETENTION SOLELY2
BECAUSE THE NUMBER OF YOUTH DETAINED STATEWIDE EXCEEDED THE3
STATEWIDE DETENTION BED CAP ESTABLISHED IN SECTION 19-2.5-1514;4
AND5
(IV) T
HE FOLLOWING INFORMATION FROM EACH JUDICIAL6
DISTRICT, DISAGGREGATED BY JUDICIAL DISTRICT:7
(A) T
HE NUMBER OF COURT ORDERS REQUESTED TO RELEASE A8
YOUTH WHO COULD NOT OTHERWISE BE RELEASED FROM DETENTION AND9
THE ORDER WAS REQUESTED SOLELY BECAUSE THE NUMBER OF YOUTH10
DETAINED IN THE JUDICIAL DISTRICT EXCEEDED THE NUMBER OF JUVENILE11
DETENTION BEDS ALLOCATED BY THE DIVISION OF YOUTH SERVICES TO THE12
JUDICIAL DISTRICT;13
(B) T
HE NUMBER OF YOUTH WHO COULD NOT OTHERWISE BE14
RELEASED FROM DETENTION WHO WERE RELEASED PURSUANT TO A COURT15
ORDER TO MAKE A DETENTION BED AVAILABLE IN THE CATCHMENT AREA ;16
AND17
(C) T
HE NUMBER OF YOUTH ELIGIBLE FOR RELEASE TO PLACEMENT18
PURSUANT TO A COURT ORDER BUT WHO ARE IN DETENTION SOLELY19
BECAUSE THE YOUTH ARE AWAITING PLACEMENT .20
SECTION 5. Safety clause. The general assembly hereby finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety.23
HB23-1307
-11-