Colorado 2023 2023 Regular Session

Colorado House Bill HB1307 Amended / Bill

Filed 05/03/2023

                    First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0969.01 Conrad Imel x2313
HOUSE BILL 23-1307
House Committees Senate Committees
Public & Behavioral Health & Human Services Appropriations
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
SENATE
2nd Reading Unamended
May 3, 2023
HOUSE
3rd Reading Unamended
May 1, 2023
HOUSE
Amended 2nd Reading
April 29, 2023
HOUSE SPONSORSHIP
Daugherty and Soper, Amabile, Bird, Boesenecker, Kipp, Lindsay, Marshall, Mauro,
McCluskie, Michaelson Jenet, Sirota, Snyder, Young
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-