First Regular Session Seventy-fourth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 23-0969.01 Conrad Imel x2313 HOUSE BILL 23-1307 House Committees Senate Committees Public & Behavioral Health & Human Services Appropriations A BILL FOR AN ACT C ONCERNING ENHANCED SUPPORTS FOR YOUTH WHO ARE IN101 DETENTION, AND, IN CONNECTION THEREWITH, MAKING AN102 APPROPRIATION.103 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 HOUSE Amended 2nd Reading April 29, 2023 HOUSE SPONSORSHIP Daugherty and Soper, SENATE SPONSORSHIP Simpson and Rodriguez, 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. detained youth and supports for youth moving from 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 1307-2- finds and declares that:1 (a) Across the state, there is a need for community-based services2 and supports spanning the youth services continuum that help to serve3 youth, including those with high mental health needs, significant4 substance abuse concerns, or other unmet needs. The state of Colorado5 must ensure adequate resources to provide community services and6 supports that could safely keep youth in the home or place youth who are7 unable to return home in appropriate therapeutic out-of-home placements.8 (b) Additional investment in alternatives to incarceration is9 necessary to develop and expand inpatient beds available to treat youth10 with substance use disorders; residential treatment programs for youth11 with mental health needs; community-based mental health services for12 children and families; and other community-based, culturally relevant,13 developmentally appropriate services, including mentorship programs for14 youth;15 (c) The general assembly recognized the need for more inpatient16 treatment beds for adolescents with substance use disorders in section17 27-80-127, Colorado Revised Statutes, and required the behavioral health18 administration to create, develop, or contract for additional substance use19 treatment beds for youth;20 (d) The general assembly further recognized the need to eliminate21 barriers to youth moving into the least restrictive placements by22 establishing the high-risk families cash fund in section 27-80-123,23 Colorado Revised Statutes, to better serve children and youth at risk of24 entering, or who are involved in, the juvenile justice system, and by25 providing funding for a youth neuro-psych facility, psychiatric residential26 treatment programs, and qualified residential treatment programs in27 1307 -3- section 27-90-112, Colorado Revised Statutes;1 (e) A lack of appropriate out-of-home, non-secure, specialized2 placements for youth is causing some youth who could otherwise be3 placed in lieu of detention to be detained in a division of youth services4 youth detention center for longer than if the placements were available;5 (f) The Colorado youth detention continuum (CYDC) advisory6 board has developed new metrics to determine current needs related to7 youth detention that can help interested parties understand how many8 youth are currently held in secure detention until a licensed residential9 treatment option accepts the youth into their milieu and identify creative10 solutions that are available to manage the juvenile detention bed cap to11 best serve Colorado youth; and12 (g) Guardian ad litems provide critical services for youth involved13 with the juvenile justice system, including providing advocacy and14 representation in court settings for detained youth.15 (2) Therefore, the general assembly declares that support is16 needed for the department of human services to provide incentives to17 community-based residential providers to serve youth exiting secure18 detention and to build additional capacity for community-based, culturally19 relevant, developmentally appropriate services, including prevention,20 intervention, and mentorship programs, that can be offered to youth being21 held in secure detention and as they exit into the community.22 (3) The general assembly further finds that it is beneficial for the23 department of human services to track necessary metrics to understand24 the need for funds for services and placements on an ongoing basis and25 support the CYDC advisory board in recommending ways to meet this26 need and manage the current juvenile detention bed cap.27 1307 -4- SECTION 2. In Colorado Revised Statutes, add 19-2.5-1407.31 as follows:2 19-2.5-1407.3. Appropriation to the department of human3 services - allocation to judicial districts - provider incentives -4 temporary emergency detention beds - repeal. (1) F OR STATE FISCAL5 YEAR 2023-24, AND FOR EACH STATE FISCAL YEAR THEREAFTER , THE6 GENERAL ASSEMBLY SHALL APPROPRIATE THREE MILLION THREE HUNDRED7 FORTY THOUSAND ONE HUNDRED NINETEEN DOLLARS FROM THE GENERAL8 FUND TO THE DEPARTMENT FOR YOUTH WHO ARE DETAINED OR CAN BE9 PLACED IN LIEU OF DETENTION.10 (2) O F THE MONEY APPROPRIATED PURSUANT TO SUBSECTION (1)11 OF THIS SECTION, THE DEPARTMENT SHALL ALLOCATE TWO HUNDRED12 THOUSAND DOLLARS FOR USE BY THE DIVISION OF YOUTH SERVICES TO13 SUPPORT SERVICES FOR YOUTH WHO ARE DETAINED OR CAN BE PLACED IN14 LIEU OF DETENTION. THE DIVISION MAY USE THE MONEY FOR ANY OF THE15 FOLLOWING:16 (a) C OMMUNITY-BASED OUTPATIENT THERAPEUTIC SERVICES ,17 INCLUDING MENTAL AND BEHAVIORAL HEALTH SERVICES , FAMILY18 THERAPY SERVICES, AND SUBSTANCE USE TREATMENT AND THERAPY ;19 (b) M ENTORSHIP SERVICES FOR YOUTH , INCLUDING ENSURING20 CONTINUITY OF MENTORSHIP SERVICES AFTER A YOUTH IS RELEASED FROM21 DETENTION; AND22 (c) S UPPORTS TO ASSIST WITH MOVING YOUTH WHO REQUIRE23 OUT-OF-HOME PLACEMENT QUICKLY FROM DETENTION TO THE24 OUT-OF-HOME PLACEMENT, INCLUDING, BUT NOT LIMITED TO:25 (I) S UPPORT FOR A GRANDPARENT , KIN, OR OTHER SUITABLE26 PERSON FOR CARE OF A JUVENILE RELEASED TO THE PERSON 'S CARE;27 1307 -5- (II) SUPPORT FOR FOSTER PARENTS;1 (III) R ECRUITMENT OF FOSTER PARENTS ; AND2 (IV) R ESPITE CHILD CARE.3 (3) O F THE MONEY APPROPRIATED PURSUANT TO SUBSECTION (1)4 OF THIS SECTION, THE DEPARTMENT SHALL USE ONE MILLION SEVEN5 HUNDRED EIGHTY THOUSAND ONE HUNDRED THIRTY -SEVEN DOLLARS TO6 PROVIDE INCENTIVES AND REMOVE BARRIERS FOR LICENSED PROVIDERS TO7 SERVE YOUTH WHO MAY BE PLACED IN COMMUNITY RESIDENTIAL8 FACILITIES OR FAMILY-LIKE SETTINGS IN LIEU OF DETENTION. IN ORDER TO9 BE ELIGIBLE TO RECEIVE AN INCENTIVE OR OTHER FUNDING PURSUANT TO10 THIS SUBSECTION (3), A PROVIDER MUST BE LICENSED TO PROVIDE OR11 OPERATE ANY OF THE FOLLOWING : TEMPORARY SHELTER, AS DEFINED IN12 SECTION 19-1-103; A RESIDENTIAL CHILD CARE FACILITY, AS DEFINED IN13 SECTION 26-6-903; A QUALIFIED RESIDENTIAL TREATMENT PROGRAM , AS14 DEFINED IN SECTION 26-5.4-102; A PSYCHIATRIC RESIDENTIAL TREATMENT15 FACILITY, AS DEFINED IN SECTION 25.5-4-103; THERAPEUTIC FOSTER CARE16 OR TREATMENT FOSTER CARE , AS EACH IS DEFINED IN SECTION 26-6-903;17 OR A FOSTER CARE HOME, AS DEFINED IN SECTION 26-6-903 (10).18 (4) (a) O F THE MONEY APPROPRIATED PURSUANT TO SUBSECTION19 (1) OF THIS SECTION, THE DEPARTMENT SHALL USE ONE MILLION THREE20 HUNDRED FIFTY-NINE THOUSAND NINE HUNDRED EIGHTY -TWO DOLLARS21 FOR THE PROVISION OF TEMPORARY EMERGENCY DETENTION BEDS22 DESCRIBED IN SUBSECTION (4)(b) OF THIS SECTION.23 (b) T WENTY-TWO TEMPORARY EMERGENCY DETENTION BEDS ARE24 AVAILABLE STATEWIDE. A TEMPORARY EMERGENCY DETENTION BED DOES25 NOT COUNT TOWARD THE LIMIT OF JUVENILE DETENTION BEDS AVAILABLE26 PURSUANT TO SECTION 19-2.5-1514. THE DEPARTMENT SHALL ANNUALLY27 1307 -6- ALLOCATE THE NUMBER OF TEMPORARY EMERGENCY DETENTION BEDS TO1 EACH CATCHMENT AREA IN THE STATE CREATED PURSUANT TO SECTION2 19-2.5-1513. A TEMPORARY EMERGENCY DETENTION BED MAY BE MADE3 AVAILABLE TO A JUDICIAL DISTRICT PURSUANT TO A COURT ORDER ISSUED4 PURSUANT TO, AND SUBJECT TO THE RESTRICTIONS SET FORTH IN ,5 SUBSECTION (4)(c) OF THIS SECTION.6 (c) (I) T HE DISTRICT ATTORNEY OF A JUDICIAL DISTRICT OR A7 COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES MAY PETITION THE8 COURT NO LATER THAN THE NEXT BUSINESS DAY AFTER THE JUVENILE IS9 DETAINED TO EXCEED THE NUMBER OF JUVENILE DETENTION BEDS10 ALLOCATED TO A JUDICIAL DISTRICT PURSUANT TO SECTION 19-2.5-140511 FOR THE PERIOD OF TIME BEFORE THE DETENTION HEARING FOR THE12 JUVENILE WHO WOULD UTILIZE THE REQUESTED TEMPORARY EMERGENCY13 DETENTION BED, IF:14 (A) W HEN ALL STATUTORILY AVAILABLE DETENTION BEDS15 ALLOCATED TO THE JUDICIAL DISTRICT AND ANY JUDICIAL DISTRICT16 SHARING THE SAME FACILITY ARE FULLY UTILIZED, THE JUDICIAL DISTRICT17 IS PRESENTED WITH A JUVENILE WHO IS CHARGED WITH COMMITTING A18 DELINQUENT ACT WHO SCREENS INTO DETENTION BASED ON THE CURRENT19 DETENTION SCREENING INSTRUMENT ;20 (B) EACH BED LOANED BY THE JUDICIAL DISTRICT TO ANOTHER21 JUDICIAL DISTRICT, AS DESCRIBED IN SECTION 19-2.5-1405 (1)(b), HAS22 BEEN RELINQUISHED TO THE LOANING JUDICIAL DISTRICT ;23 (C) NO DETENTION BEDS ARE AVAILABLE WITHIN THE JUDICIAL24 DISTRICT'S CATCHMENT AREA; AND25 (D) THERE ARE NO AVAILABLE JUVENILE DETENTION BEDS IN ANY26 FACILITY WITHIN FIFTY MILES OF THE INITIAL RECEIVING JUVENILE27 1307 -7- DETENTION FACILITY. THIS SUBSECTION (4)(c)(I)(C) DOES NOT APPLY TO1 A PETITION FOR A TEMPORARY EMERGENCY DETENTION BED IF: THE POINT2 OF ARREST OF THE JUVENILE WAS FIFTY MILES OR MORE FROM THE INITIAL3 RECEIVING JUVENILE DETENTION FACILITY; OR IF THE PETITION IS FOR A4 JUVENILE TO UTILIZE A BED AT THE JUVENILE'S INITIAL RECEIVING5 FACILITY WHEN THE JUVENILE IS RETURNED TO THE INITIAL RECEIVING6 FACILITY BECAUSE THE JUVENILE WAS UTILIZING A BED BORROWED FROM7 ANOTHER JUDICIAL DISTRICT AND THE BORROWED BED IS NO LONGER8 AVAILABLE FOR USE BY THE JUVENILE.9 (II) U PON RECEIPT OF A PETITION TO EXCEED THE NUMBER OF10 JUVENILE DETENTION BEDS ALLOCATED TO A JUDICIAL DISTRICT FILED11 PURSUANT TO THIS SUBSECTION (4)(c), A COURT SHALL ISSUE AN ORDER12 PERMITTING A JUDICIAL DISTRICT TO EXCEED THE NUMBER OF JUVENILE13 DETENTION BEDS ALLOCATED TO THE CATCHMENT AREA UP TO THE14 NUMBER OF TEMPORARY EMERGENCY DETENTION BEDS ALLOCATED TO15 THE CATCHMENT AREA BY THE DEPARTMENT IF THE COURT SPECIFICALLY16 FINDS THAT THE FOLLOWING CIRCUMSTANCES EXIST :17 (A) N O DETENTION BEDS ARE AVAILABLE IN THE CATCHMENT18 AREA;19 (B) T HERE IS A LEGAL BASIS FOR DETAINING EACH JUVENILE WHO20 IS DETAINED IN THE JUDICIAL DISTRICT, WHICH MAY INCLUDE FOR EACH21 JUVENILE SCREENED THAT THE DETENTION SCREENING INSTRUMENT DOES22 NOT SUPPORT RELEASE BECAUSE THE JUVENILE PRESENTS A SUBSTANTIAL23 RISK OF SERIOUS HARM TO OTHERS OR IS A FLIGHT RISK FROM24 PROSECUTION;25 (C) S ERVICES ARE NOT AVAILABLE FOR ANY JUVENILE CURRENTLY26 PLACED IN DETENTION IN THE JUDICIAL DISTRICT THAT WOULD MITIGATE27 1307 -8- THE SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS PRESENTED BY THE1 JUVENILE OR THE JUVENILE'S RISK OF FLIGHT FROM PROSECUTION; AND2 (D) O THER FORMS OF COMMUNITY -BASED SUPERVISION FOR THE3INCOMING JUVENILE ARE NOT SUFFICIENT TO MITIGATE THE SUBSTANTIAL4 RISK OF SERIOUS HARM TO OTHERS PRESENTED BY THE JUVENILE OR THE5 JUVENILE'S RISK OF FLIGHT FROM PROSECUTION.6 (III) IF A DETENTION BED WITHIN THE JUDICIAL DISTRICT 'S7 ALLOCATION THAT IS UNDER THE STATEWIDE DETENTION BED CAP8 BECOMES AVAILABLE, THE JUVENILE UTILIZING A TEMPORARY EMERGENCY9 DETENTION BED SHALL REVERT TO THE NONEMERGENCY DETENTION BED10 AND THE REQUIREMENTS IN THIS SUBSECTION (4) NO LONGER APPLY. IF A11 DETENTION BED BECOMES AVAILABLE WITHIN THE JUDICIAL DISTRICT'S12 CATCHMENT AREA BUT AT A DIFFERENT FACILITY, THE JUVENILE MAY, AT13 THE DISCRETION OF THE JUDICIAL DISTRICT, REMAIN IN THE TEMPORARY14 EMERGENCY DETENTION BED IN LIEU OF TRANSFERRING TO THE15 NONEMERGENCY DETENTION BED IN A DIFFERENT FACILITY .16 (IV) ON THE FIFTH BUSINESS DAY FOLLOWING THE ISSUANCE OR17 RENEWAL OF EACH COURT ORDER ISSUED PURSUANT TO THIS SUBSECTION18 (4)(c), IF THE CIRCUMSTANCES DESCRIBED IN SUBSECTION (4)(c)(I) OF THIS19 SECTION EXIST AND THE JUVENILE REMAINS DETAINED IN THE TEMPORARY20 EMERGENCY DETENTION BED, THE PERSON WHO FILED THE INITIAL21 PETITION PURSUANT TO SUBSECTION (4)(c)(I) OF THIS SECTION, OR THE22 PERSON'S DESIGNEE, SHALL INFORM THE COURT THAT THE CIRCUMSTANCES23 STILL EXIST AND THE JUVENILE REMAINS DETAINED IN THE TEMPORARY24 EMERGENCY DETENTION BED. AT THE TIME OF INFORMING THE COURT, THE25 PERSON SHALL ALSO PROVIDE THE COURT WITH UPDATED INFORMATION26 ABOUT THE CIRCUMSTANCES THE COURT IS REQUIRED TO FIND PURSUANT27 1307 -9- TO SUBSECTION (4)(c)(II) OF THIS SECTION. UPON NOTIFICATION FROM THE1 PERSON, THE COURT SHALL HOLD A HEARING TO DETERMINE WHETHER TO2 RENEW THE ORDER . THE COURT MAY RENEW ITS ORDER FOR AN3 ADDITIONAL FIVE DAYS IF IT MAKES THE FINDINGS REQUIRED IN4 SUBSECTION (4)(c)(II) OF THIS SECTION FOR ISSUANCE OF A COURT ORDER.5 (5) (a) A CCESS TO SERVICES AND TEMPORARY EMERGENCY6 DETENTION BEDS CREATED OR EXPANDED WITH MONEY APPROPRIATED7 PURSUANT TO THIS SECTION MUST BE AVAILABLE AND ACCESSIBLE TO8 YOUTH BEGINNING NO LATER THAN DECEMBER 1, 2023.9 (b) T HIS SUBSECTION (5) IS REPEALED, EFFECTIVE JUNE 30, 2024.10 SECTION 3. In Colorado Revised Statutes, 19-2.5-305, add (2.5)11 as follows:12 19-2.5-305. Detention and shelter - hearing - time limits -13 findings - review - guardian ad litem appointed - confinement with14 adult offenders - restrictions. (2.5) T HE COURT SHALL, AT THE15 JUVENILE'S DETENTION HEARING, APPOINT A GUARDIAN AD LITEM FOR A16 JUVENILE DETAINED PURSUANT TO THIS ARTICLE 2.5. AN APPOINTMENT17 MADE PURSUANT TO THIS SUBSECTION (2.5) TERMINATES UPON THE18 RELEASE OF THE JUVENILE FROM DETENTION UNLESS THE COURT ALSO19 FINDS A BASIS FOR THE APPOINTMENT PURSUANT TO SECTION 19-1-11120 (2)(a).21 SECTION 4. In Colorado Revised Statutes, 19-2.5-1404, amend22 (1)(b)(VII) and (3)(b) introductory portion; and add (3)(d) and (3)(e) as23 follows:24 19-2.5-1404. Working group for criteria for placement of]25 juvenile offenders - establishment of formula - review of criteria -26 report. (1) (b) The working group shall carry out the following duties:27 1307 -10- (VII) At least every two years, to ANNUALLY review data collected1 by the division of youth services on the use of funding pursuant to2 subsection (1)(b)(V) of this section and its impact on the use of juvenile3 detention. The working group shall identify the measures that it will4 collect as part of its review of the impact of preadjudicated funding on5 detention pursuant to this section.6 (3) (b) On or before July 1, 2023, and on or before July 1 each7 year thereafter, the department of human services shall submit a report to8 the working group, the judiciary committees of the senate and the house9 of representatives, or any successor committees, and the health and10 human services committee of the senate and the public and behavioral11 health and human services committee of the house of representatives, or12 any successor committees. including THE REPORT MUST INCLUDE THE13 DATA COLLECTED PURSUANT TO SUBSECTION (3)(d) OF THIS SECTION FOR14 THE PRIOR CALENDAR YEAR AND THE FOLLOWING :15 (d) B EGINNING FOR STATE FISCAL YEAR 2023-24, AND FOR EACH16 FISCAL YEAR THEREAFTER, THE STATE DEPARTMENT SHALL COLLECT DATA17 STATEWIDE CONCERNING THE FOLLOWING :18 (I) T HE DEMOGRAPHIC INFORMATION, INCLUDING RACE ,19 ETHNICITY, GENDER, AGE, SEXUAL ORIENTATION, GENDER IDENTITY, AND20 DISABILITY STATUS, TO THE EXTENT THE INFORMATION IS AVAILABLE, OF21 THE YOUTH IN EACH DETENTION FACILITY WHO ARE ELIGIBLE FOR RELEASE22 FROM A DETENTION FACILITY WITHOUT AN ADDITIONAL COURT ORDER IF23 SERVICES OR A PLACEMENT ARE AVAILABLE FOR THE YOUTH BUT WHO ARE24 BEING HELD IN DETENTION DUE TO LACK OF AVAILABLE SERVICES OR25 PLACEMENT;26 27 1307 -11- (II) THE NUMBER OF TEMPORARY EMERGENCY DETENTION BEDS ,1 DESCRIBED IN SECTION 19-2.5-1407.3 (4), USED EACH DAY IN EACH2 CATCHMENT AREA; AND3 (III) T HE NUMBER OF YOUTH RELEASED FROM DETENTION SOLELY4 BECAUSE THE NUMBER OF YOUTH DETAINED STATEWIDE EXCEEDED THE5 STATEWIDE DETENTION BED CAP ESTABLISHED IN SECTION 19-2.5-1514.6 (e) (I) THE WORKING GROUP SHALL CONDUCT A STUDY TO7 DETERMINE HOW TO IDENTIFY, WHO POSSESSES, AND THE BEST METHOD TO8 COLLECT AND REPORT, THE FOLLOWING DATA AND INFORMATION RELATED9 TO JUVENILES WHO ARE DETAINED :10 (A) T HE NUMBER OF COURT ORDERS REQUESTED IN EACH JUDICIAL11 DISTRICT TO RELEASE A YOUTH WHO COULD NOT OTHERWISE BE RELEASED12 FROM DETENTION AND THE ORDER WAS REQUESTED SOLELY BECAUSE THE13 NUMBER OF YOUTH DETAINED IN THE JUDICIAL DISTRICT EXCEEDED THE14 NUMBER OF JUVENILE DETENTION BEDS ALLOCATED BY THE DIVISION OF15 YOUTH SERVICES TO THE JUDICIAL DISTRICT;16 (B) T HE NUMBER OF YOUTH IN EACH JUDICIAL DISTRICT WHO17 COULD NOT OTHERWISE BE RELEASED FROM DETENTION WHO WERE18 RELEASED PURSUANT TO A COURT ORDER TO MAKE A DETENTION BED19 AVAILABLE IN THE CATCHMENT AREA ; AND20 (C) THE NUMBER OF YOUTH ELIGIBLE FOR RELEASE FROM A21 DETENTION FACILITY WITHOUT AN ADDITIONAL COURT ORDER WHO , AFTER22 BEING HELD IN DETENTION FOR A PERIOD OF TIME DUE TO A LACK OF23 AVAILABLE SERVICES OR PLACEMENT, ARE RELEASED FROM DETENTION24 WITHOUT THE IDENTIFIED SERVICES OR PLACEMENT, AND THE NUMBER OF25 DAYS BETWEEN THE IDENTIFICATION OF THE NEED FOR SERVICES OR26 PLACEMENT AND RELEASE , FOR EACH YOUTH.27 1307 -12- (II) THE WORKING GROUP SHALL INCLUDE THE RESULTS OF THE1 STUDY IN ITS RECOMMENDATIONS MADE PURSUANT TO SUBSECTION2 (3)(a)(III) OF THIS SECTION. 3 SECTION 5. Appropriation. (1) For the 2023-24 state fiscal4 year, $3,340,119 is appropriated to the department of human services for5 use by the office of children, youth, and families. This appropriation is6 from the general fund. To implement this act, the office may use this7 appropriation as follows:8 (a) $1,174,816 for use by the division of youth services for9 program administration related to institutional programs, which amount10 is based on an assumption that the division will require an additional 15.011 FTE;12 (b) $11,792 for use by the division of youth services for medical13 services related to institutional programs;14 (c) $300,816 for use by the division of youth services for S.B.15 91-094 programs related to community programs, which amount is based16 on an assumption that the division will require an additional 1.0 FTE;17 (d) $1,780,137 for use by the division of child welfare for18 community provider incentives; and19 (e) $72,558 for use by the division of child welfare for Colorado20 Trails.21 (2) For the 2023-24 state fiscal year, the general assembly22 anticipates that the department of human services will receive $39,069 in23 federal funds for use by the division of child welfare to implement this24 act. The appropriation in subsection (1)(e) of this section is based on the25 assumption that the division will receive this amount of federal funds,26 which is subject to the "(I)" notation as defined in the annual general27 1307 -13- appropriation act for the same fiscal year.1 (3) For the 2023-24 state fiscal year, $463,000 is appropriated to2 the judicial department for use by the office of the child's representative.3 This appropriation is from the general fund. To implement this act, the4 office may use this appropriation for court-appointed counsel.5 SECTION 6. Safety clause. The general assembly hereby finds,6 determines, and declares that this act is necessary for the immediate7 preservation of the public peace, health, or safety.8 1307 -14-