9 | | - | ONCERNING ENHANCED SUPPORTS FOR YOUTH WHO ARE IN DETENTION , |
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10 | | - | AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION. |
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11 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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12 | | - | SECTION 1. Legislative declaration. (1) The general assembly |
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13 | | - | finds and declares that: |
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14 | | - | (a) Across the state, there is a need for community-based services |
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15 | | - | and supports spanning the youth services continuum that help to serve |
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16 | | - | youth, including those with high mental health needs, significant substance |
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17 | | - | abuse concerns, or other unmet needs. The state of Colorado must ensure |
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18 | | - | adequate resources to provide community services and supports that could |
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19 | | - | safely keep youth in the home or place youth who are unable to return home |
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20 | | - | in appropriate therapeutic out-of-home placements. |
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21 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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22 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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23 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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24 | | - | history, or the Session Laws. |
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25 | | - | ________ |
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26 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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27 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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28 | | - | the act. (b) Additional investment in alternatives to incarceration is |
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29 | | - | necessary to develop and expand inpatient beds available to treat youth with |
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30 | | - | substance use disorders; residential treatment programs for youth with |
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31 | | - | mental health needs; community-based mental health services for children |
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32 | | - | and families; and other community-based, culturally relevant, |
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33 | | - | developmentally appropriate services, including mentorship programs for |
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34 | | - | youth; |
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35 | | - | (c) The general assembly recognized the need for more inpatient |
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36 | | - | treatment beds for adolescents with substance use disorders in section |
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37 | | - | 27-80-127, Colorado Revised Statutes, and required the behavioral health |
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38 | | - | administration to create, develop, or contract for additional substance use |
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39 | | - | treatment beds for youth; |
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40 | | - | (d) The general assembly further recognized the need to eliminate |
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41 | | - | barriers to youth moving into the least restrictive placements by establishing |
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42 | | - | the high-risk families cash fund in section 27-80-123, Colorado Revised |
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43 | | - | Statutes, to better serve children and youth at risk of entering, or who are |
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44 | | - | involved in, the juvenile justice system, and by providing funding for a |
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45 | | - | youth neuro-psych facility, psychiatric residential treatment programs, and |
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46 | | - | qualified residential treatment programs in section 27-90-112, Colorado |
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47 | | - | Revised Statutes; |
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48 | | - | (e) A lack of appropriate out-of-home, non-secure, specialized |
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49 | | - | placements for youth is causing some youth who could otherwise be placed |
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50 | | - | in lieu of detention to be detained in a division of youth services youth |
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51 | | - | detention center for longer than if the placements were available; |
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52 | | - | (f) The Colorado youth detention continuum (CYDC) advisory |
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53 | | - | board has developed new metrics to determine current needs related to |
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54 | | - | youth detention that can help interested parties understand how many youth |
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55 | | - | are currently held in secure detention until a licensed residential treatment |
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56 | | - | option accepts the youth into their milieu and identify creative solutions that |
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57 | | - | are available to manage the juvenile detention bed cap to best serve |
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58 | | - | Colorado youth; and |
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59 | | - | (g) Guardians ad litem provide critical services for youth involved |
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60 | | - | with the juvenile justice system, including providing advocacy and |
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61 | | - | representation in court settings for detained youth. |
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62 | | - | PAGE 2-HOUSE BILL 23-1307 (2) Therefore, the general assembly declares that support is needed |
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63 | | - | for the department of human services to provide incentives to |
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64 | | - | community-based residential providers to serve youth exiting secure |
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65 | | - | detention and to build additional capacity for community-based, culturally |
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66 | | - | relevant, developmentally appropriate services, including prevention, |
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67 | | - | intervention, and mentorship programs, that can be offered to youth being |
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68 | | - | held in secure detention and as they exit into the community. |
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69 | | - | (3) The general assembly further finds that it is beneficial for the |
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70 | | - | department of human services to track necessary metrics to understand the |
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71 | | - | need for funds for services and placements on an ongoing basis and support |
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72 | | - | the CYDC advisory board in recommending ways to meet this need and |
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73 | | - | manage the current juvenile detention bed cap. |
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74 | | - | SECTION 2. In Colorado Revised Statutes, add 19-2.5-1407.3 as |
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75 | | - | follows: |
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76 | | - | 19-2.5-1407.3. Appropriation to the department of human |
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77 | | - | services - allocation to judicial districts - provider incentives - |
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| 14 | + | ONCERNING ENHANCED SUPPORTS FOR YOUTH WHO ARE IN101 |
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| 15 | + | DETENTION, AND, IN CONNECTION THEREWITH, MAKING AN102 |
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| 16 | + | APPROPRIATION.103 |
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| 17 | + | Bill Summary |
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| 18 | + | (Note: This summary applies to this bill as introduced and does |
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| 19 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 20 | + | passes third reading in the house of introduction, a bill summary that |
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| 21 | + | applies to the reengrossed version of this bill will be available at |
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| 22 | + | http://leg.colorado.gov |
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| 23 | + | .) |
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| 24 | + | The bill requires the general assembly to appropriate $3,340,119 |
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| 25 | + | to the department of human services (department) in each fiscal year for |
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| 26 | + | services for youth who can be placed in lieu of detention. Of the money, |
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| 27 | + | the department shall: |
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| 28 | + | ! Allocate $200,000 to judicial districts for services for |
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| 29 | + | SENATE |
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| 30 | + | 3rd Reading Unamended |
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| 31 | + | May 4, 2023 |
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| 32 | + | SENATE |
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| 33 | + | 2nd Reading Unamended |
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| 34 | + | May 3, 2023 |
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| 35 | + | HOUSE |
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| 36 | + | 3rd Reading Unamended |
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| 37 | + | May 1, 2023 |
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| 38 | + | HOUSE |
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| 39 | + | Amended 2nd Reading |
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| 40 | + | April 29, 2023 |
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| 41 | + | HOUSE SPONSORSHIP |
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| 42 | + | Daugherty and Soper, Amabile, Bird, Boesenecker, Kipp, Lindsay, Marshall, Mauro, |
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| 43 | + | McCluskie, Michaelson Jenet, Sirota, Snyder, Young |
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| 44 | + | SENATE SPONSORSHIP |
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| 45 | + | Simpson and Rodriguez, Bridges, Buckner, Cutter, Exum, Fields, Gardner, Gonzales, |
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| 46 | + | Hansen, Kirkmeyer, Liston, Marchman, Moreno, Mullica, Pelton B., Priola, Smallwood, Will, |
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| 47 | + | Zenzinger |
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| 48 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 49 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 50 | + | Dashes through the words or numbers indicate deletions from existing law. detained youth and supports for youth moving from |
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| 51 | + | detention to treatment or other placements; |
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| 52 | + | ! Use $1,780,137 to incentivize and remove barriers for |
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| 53 | + | licensed providers to serve youth who may be placed in |
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| 54 | + | community residential facilities or family-like settings in |
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| 55 | + | lieu of detention; and |
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| 56 | + | ! Use $1,359,982 of the money for temporary emergency |
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| 57 | + | detention beds for juveniles. |
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| 58 | + | Existing law limits the number of juvenile detention beds available |
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| 59 | + | for juveniles statewide, which are allocated to catchment areas established |
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| 60 | + | by the department together with the state court administrator in the |
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| 61 | + | judicial department. The beds in each catchment area are allocated to each |
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| 62 | + | judicial district in the catchment area. The bill establishes 22 temporary |
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| 63 | + | emergency detention beds that may be used, pursuant to a court order, |
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| 64 | + | when there are no available judicial detention beds in a catchment area. |
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| 65 | + | The department allocates temporary emergency detention beds to each |
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| 66 | + | catchment area. The bill sets forth the process for a court to issue an order |
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| 67 | + | permitting the use of a temporary emergency detention bed. Temporary |
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| 68 | + | emergency detention beds do not count toward the statewide juvenile |
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| 69 | + | detention bed limit. |
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| 70 | + | The court is required to immediately appoint a guardian ad litem |
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| 71 | + | for each detained juvenile. |
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| 72 | + | Under existing law, the working group for criteria for placement |
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| 73 | + | of juvenile offenders, known as the CYDC working group, is required to |
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| 74 | + | review data collected by the division of youth services every 2 years. The |
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| 75 | + | bill requires the CDYC working group to conduct the review annually. |
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| 76 | + | The department is required to collect statewide data about: |
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| 77 | + | ! Youth eligible for release from a detention facility without |
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| 78 | + | an additional court order if services or placements are |
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| 79 | + | available for the youth; |
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| 80 | + | ! The use of temporary emergency detention beds; and |
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| 81 | + | ! Youth released from detention solely because the number |
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| 82 | + | of youth detained statewide exceeds the statewide detention |
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| 83 | + | bed cap. |
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| 84 | + | The department shall annually report the statewide data to the |
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| 85 | + | CYDC working group, the house of representatives and senate judiciary |
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| 86 | + | committees, the house of representatives public and behavioral health and |
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| 87 | + | human services committee, and the senate health and human services |
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| 88 | + | committee, or any successor committees. |
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| 89 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 90 | + | SECTION 1. Legislative declaration. (1) The general assembly2 |
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| 91 | + | 1307-2- finds and declares that:1 |
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| 92 | + | (a) Across the state, there is a need for community-based services2 |
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| 93 | + | and supports spanning the youth services continuum that help to serve3 |
---|
| 94 | + | youth, including those with high mental health needs, significant4 |
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| 95 | + | substance abuse concerns, or other unmet needs. The state of Colorado5 |
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| 96 | + | must ensure adequate resources to provide community services and6 |
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| 97 | + | supports that could safely keep youth in the home or place youth who are7 |
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| 98 | + | unable to return home in appropriate therapeutic out-of-home placements.8 |
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| 99 | + | (b) Additional investment in alternatives to incarceration is9 |
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| 100 | + | necessary to develop and expand inpatient beds available to treat youth10 |
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| 101 | + | with substance use disorders; residential treatment programs for youth11 |
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| 102 | + | with mental health needs; community-based mental health services for12 |
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| 103 | + | children and families; and other community-based, culturally relevant,13 |
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| 104 | + | developmentally appropriate services, including mentorship programs for14 |
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| 105 | + | youth;15 |
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| 106 | + | (c) The general assembly recognized the need for more inpatient16 |
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| 107 | + | treatment beds for adolescents with substance use disorders in section17 |
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| 108 | + | 27-80-127, Colorado Revised Statutes, and required the behavioral health18 |
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| 109 | + | administration to create, develop, or contract for additional substance use19 |
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| 110 | + | treatment beds for youth;20 |
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| 111 | + | (d) The general assembly further recognized the need to eliminate21 |
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| 112 | + | barriers to youth moving into the least restrictive placements by22 |
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| 113 | + | establishing the high-risk families cash fund in section 27-80-123,23 |
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| 114 | + | Colorado Revised Statutes, to better serve children and youth at risk of24 |
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| 115 | + | entering, or who are involved in, the juvenile justice system, and by25 |
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| 116 | + | providing funding for a youth neuro-psych facility, psychiatric residential26 |
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| 117 | + | treatment programs, and qualified residential treatment programs in27 |
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| 118 | + | 1307 |
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| 119 | + | -3- section 27-90-112, Colorado Revised Statutes;1 |
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| 120 | + | (e) A lack of appropriate out-of-home, non-secure, specialized2 |
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| 121 | + | placements for youth is causing some youth who could otherwise be3 |
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| 122 | + | placed in lieu of detention to be detained in a division of youth services4 |
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| 123 | + | youth detention center for longer than if the placements were available;5 |
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| 124 | + | (f) The Colorado youth detention continuum (CYDC) advisory6 |
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| 125 | + | board has developed new metrics to determine current needs related to7 |
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| 126 | + | youth detention that can help interested parties understand how many8 |
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| 127 | + | youth are currently held in secure detention until a licensed residential9 |
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| 128 | + | treatment option accepts the youth into their milieu and identify creative10 |
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| 129 | + | solutions that are available to manage the juvenile detention bed cap to11 |
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| 130 | + | best serve Colorado youth; and12 |
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| 131 | + | (g) Guardian ad litems provide critical services for youth involved13 |
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| 132 | + | with the juvenile justice system, including providing advocacy and14 |
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| 133 | + | representation in court settings for detained youth.15 |
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| 134 | + | (2) Therefore, the general assembly declares that support is16 |
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| 135 | + | needed for the department of human services to provide incentives to17 |
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| 136 | + | community-based residential providers to serve youth exiting secure18 |
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| 137 | + | detention and to build additional capacity for community-based, culturally19 |
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| 138 | + | relevant, developmentally appropriate services, including prevention,20 |
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| 139 | + | intervention, and mentorship programs, that can be offered to youth being21 |
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| 140 | + | held in secure detention and as they exit into the community.22 |
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| 141 | + | (3) The general assembly further finds that it is beneficial for the23 |
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| 142 | + | department of human services to track necessary metrics to understand24 |
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| 143 | + | the need for funds for services and placements on an ongoing basis and25 |
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| 144 | + | support the CYDC advisory board in recommending ways to meet this26 |
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| 145 | + | need and manage the current juvenile detention bed cap.27 |
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| 146 | + | 1307 |
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| 147 | + | -4- SECTION 2. In Colorado Revised Statutes, add 19-2.5-1407.31 |
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| 148 | + | as follows:2 |
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| 149 | + | 19-2.5-1407.3. Appropriation to the department of human3 |
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| 150 | + | services - allocation to judicial districts - provider incentives -4 |
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179 | | - | HEN ALL STATUTORILY AVAILABLE DETENTION BEDS |
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180 | | - | ALLOCATED TO THE JUDICIAL DISTRICT AND ANY JUDICIAL DISTRICT SHARING |
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181 | | - | THE SAME FACILITY ARE FULLY UTILIZED |
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182 | | - | , THE JUDICIAL DISTRICT IS |
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183 | | - | PRESENTED WITH A JUVENILE WHO IS CHARGED WITH COMMITTING A |
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184 | | - | DELINQUENT ACT WHO SCREENS INTO DETENTION BASED ON THE CURRENT |
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185 | | - | DETENTION SCREENING INSTRUMENT |
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186 | | - | ; |
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187 | | - | (B) E |
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188 | | - | ACH BED LOANED BY THE JUDICIAL DISTRICT TO ANOTHER |
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189 | | - | JUDICIAL DISTRICT |
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190 | | - | , AS DESCRIBED IN SECTION 19-2.5-1405 (1)(b), HAS BEEN |
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191 | | - | RELINQUISHED TO THE LOANING JUDICIAL DISTRICT |
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192 | | - | ; |
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193 | | - | (C) N |
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194 | | - | O DETENTION BEDS ARE AVAILABLE WITHIN THE JUDICIAL |
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195 | | - | DISTRICT |
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196 | | - | 'S CATCHMENT AREA; AND |
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197 | | - | (D) THERE ARE NO AVAILABLE JUVENILE D ETENTION BEDS IN ANY |
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198 | | - | FACILITY WITHIN FIFTY MILES OF THE INITIAL RECEIVING JUVENILE |
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199 | | - | DETENTION FACILITY |
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200 | | - | . THIS SUBSECTION (4)(c)(I)(C) DOES NOT APPLY TO A |
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201 | | - | PETITION FOR A TEMPORARY EMERGENCY DETENTION BED IF |
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202 | | - | : THE POINT OF |
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203 | | - | ARREST OF THE JUVENILE WAS FIFTY MILES OR MORE FROM THE INITIAL |
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204 | | - | RECEIVING JUVENILE DETENTION FACILITY |
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205 | | - | ; OR IF THE PETITION IS FOR A |
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206 | | - | JUVENILE TO UTILIZE A BED AT THE JUVENILE |
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207 | | - | 'S INITIAL RECEIVING FACILITY |
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208 | | - | WHEN THE JUVENILE IS RETURNED TO THE INITIAL RECEIVING FACILITY |
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209 | | - | BECAUSE THE JUVENILE WAS UTILIZING A BED BORROWED FROM ANOTHER |
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210 | | - | JUDICIAL DISTRICT AND THE BORROWED BED IS NO LONGER AVAILABLE FOR |
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211 | | - | USE BY THE JUVENILE |
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212 | | - | . |
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213 | | - | PAGE 5-HOUSE BILL 23-1307 (II) UPON RECEIPT OF A PETITION TO EXCEED THE NUMBER OF |
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214 | | - | JUVENILE DETENTION BEDS ALLOCATED TO A JUDICIAL DISTRICT FILED |
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215 | | - | PURSUANT TO THIS SUBSECTION |
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216 | | - | (4)(c), A COURT SHALL ISSUE AN ORDER |
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217 | | - | PERMITTING A JUDICIAL DISTRICT TO EXCEED THE NUMBER OF JUVENILE |
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218 | | - | DETENTION BEDS ALLOCATED TO THE CATCHMENT AREA UP TO THE NUMBER |
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219 | | - | OF TEMPORARY EMERGENCY DETENTION BEDS ALLOCATED TO THE |
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220 | | - | CATCHMENT AREA BY THE DEPARTMENT IF THE COURT SPECIFICALLY FINDS |
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221 | | - | THAT THE FOLLOWING CIRCUMSTANCES EXIST |
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222 | | - | : |
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| 234 | + | HEN ALL STATUTORILY AVAILABLE DETENTION BEDS15 |
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| 235 | + | ALLOCATED TO THE JUDICIAL DISTRICT AND ANY JUDICIAL DISTRICT16 |
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| 236 | + | SHARING THE SAME FACILITY ARE |
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| 237 | + | FULLY UTILIZED, THE JUDICIAL DISTRICT17 |
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| 238 | + | IS PRESENTED WITH A JUVENILE WHO IS CHARGED WITH COMMITTING A18 |
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| 239 | + | DELINQUENT ACT WHO SCREENS INTO DETENTION BASED ON THE CURRENT19 |
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| 240 | + | DETENTION SCREENING INSTRUMENT ;20 |
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| 241 | + | (B) EACH BED LOANED BY THE JUDICIAL DISTRICT TO ANOTHER21 |
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| 242 | + | JUDICIAL DISTRICT, AS DESCRIBED IN SECTION 19-2.5-1405 (1)(b), HAS22 |
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| 243 | + | BEEN RELINQUISHED TO THE LOANING JUDICIAL DISTRICT ;23 |
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| 244 | + | (C) NO DETENTION BEDS ARE AVAILABLE WITHIN THE JUDICIAL24 |
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| 245 | + | DISTRICT'S CATCHMENT AREA; AND25 |
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| 246 | + | (D) THERE ARE NO AVAILABLE JUVENILE DETENTION BEDS IN ANY26 |
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| 247 | + | FACILITY WITHIN FIFTY MILES OF THE INITIAL RECEIVING JUVENILE27 |
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| 248 | + | 1307 |
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| 249 | + | -7- DETENTION FACILITY. THIS SUBSECTION (4)(c)(I)(C) DOES NOT APPLY TO1 |
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| 250 | + | A PETITION FOR A TEMPORARY EMERGENCY DETENTION BED IF: THE POINT2 |
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| 251 | + | OF ARREST OF THE JUVENILE WAS FIFTY MILES OR MORE FROM THE INITIAL3 |
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| 252 | + | RECEIVING JUVENILE DETENTION FACILITY; OR IF THE PETITION IS FOR A4 |
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| 253 | + | JUVENILE TO UTILIZE A BED AT THE JUVENILE'S INITIAL RECEIVING5 |
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| 254 | + | FACILITY WHEN THE JUVENILE IS RETURNED TO THE INITIAL RECEIVING6 |
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| 255 | + | FACILITY BECAUSE THE JUVENILE WAS UTILIZING A BED BORROWED FROM7 |
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| 256 | + | ANOTHER JUDICIAL DISTRICT AND THE BORROWED BED IS NO LONGER8 |
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| 257 | + | AVAILABLE FOR USE BY THE JUVENILE.9 |
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| 258 | + | (II) U |
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| 259 | + | PON RECEIPT OF A PETITION TO EXCEED THE NUMBER OF10 |
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| 260 | + | JUVENILE DETENTION BEDS ALLOCATED TO A |
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| 261 | + | JUDICIAL DISTRICT FILED11 |
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| 262 | + | PURSUANT TO THIS SUBSECTION (4)(c), A COURT SHALL ISSUE AN ORDER12 |
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| 263 | + | PERMITTING A JUDICIAL DISTRICT TO EXCEED THE NUMBER OF JUVENILE13 |
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| 264 | + | DETENTION BEDS ALLOCATED TO THE CATCHMENT AREA UP TO THE14 |
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| 265 | + | NUMBER OF TEMPORARY EMERGENCY DETENTION BEDS ALLOCATED TO15 |
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| 266 | + | THE CATCHMENT AREA BY THE DEPARTMENT IF THE COURT SPECIFICALLY16 |
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| 267 | + | FINDS THAT THE FOLLOWING CIRCUMSTANCES EXIST :17 |
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234 | | - | ERVICES ARE NOT AVAILABLE FOR ANY JUVENILE CURRENTLY |
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235 | | - | PLACED IN DETENTION IN THE JUDICIAL DISTRICT THAT WOULD MITIGATE THE |
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236 | | - | SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS PRESENTED BY THE |
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237 | | - | JUVENILE OR THE JUVENILE |
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238 | | - | 'S RISK OF FLIGHT FROM PROSECUTION; AND |
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239 | | - | (D) OTHER FORMS OF COMMUNITY -BASED SUPERVISION FOR THE |
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240 | | - | INCOMING JUVENILE ARE NOT SUFFICIENT TO MITIGATE THE SUBSTANTIAL |
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241 | | - | RISK OF SERIOUS HARM TO OTHERS PRESENTED BY THE JUVENILE OR THE |
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242 | | - | JUVENILE |
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243 | | - | 'S RISK OF FLIGHT FROM PROSECUTION. |
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244 | | - | (III) I |
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245 | | - | F A DETENTION BED WITHIN THE JUDICIAL DISTRICT 'S |
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246 | | - | ALLOCATION THAT IS UNDER THE STATEWIDE DETENTION BED CAP BECOMES |
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247 | | - | AVAILABLE |
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248 | | - | , THE JUVENILE UTILIZING A TEMPORARY EMERGENCY DETENTION |
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249 | | - | BED SHALL REVERT TO THE NONEMERGENCY DETENTION BED AND THE |
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250 | | - | REQUIREMENTS IN THIS SUBSECTION |
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251 | | - | (4) NO LONGER APPLY. IF A DETENTION |
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252 | | - | BED BECOMES AVAILABLE WITHIN THE JUDICIAL DISTRICT |
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253 | | - | 'S CATCHMENT |
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254 | | - | AREA BUT AT A DIFFERENT FACILITY |
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255 | | - | , THE JUVENILE MAY, AT THE DISCRETION |
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256 | | - | OF THE JUDICIAL DISTRICT |
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257 | | - | , REMAIN IN THE TEMPORARY EMERGENCY |
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258 | | - | DETENTION BED IN LIEU OF TRANSFERRING TO THE NONEMERGENCY |
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259 | | - | DETENTION BED IN A DIFFERENT FACILITY |
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260 | | - | . |
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261 | | - | (IV) O |
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262 | | - | N THE FIFTH BUSINESS DAY FOLLOWING THE ISS UANCE OR |
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263 | | - | RENEWAL OF EACH COURT ORDER ISSUED PURSUANT TO THIS SUBSECTION |
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264 | | - | PAGE 6-HOUSE BILL 23-1307 (4)(c), IF THE CIRCUMSTANCES DESCRIBED IN SUBSECTION (4)(c)(I) OF THIS |
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265 | | - | SECTION EXIST AND THE JUVENILE REMAINS DETAINED IN THE TEMPORARY |
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266 | | - | EMERGENCY DETENTION BED |
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267 | | - | , THE PERSON WHO FILED THE INITIAL PETITION |
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268 | | - | PURSUANT TO SUBSECTION |
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269 | | - | (4)(c)(I) OF THIS SECTION, OR THE PERSON'S |
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270 | | - | DESIGNEE |
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271 | | - | , SHALL INFORM THE COURT THAT THE CIRCUMSTANCES STILL EXIST |
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272 | | - | AND THE JUVENILE REMAINS DETAINED IN THE TEMPORARY EMERGENCY |
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273 | | - | DETENTION BED |
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274 | | - | . AT THE TIME OF INFORMING THE COURT, THE PERSON SHALL |
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275 | | - | ALSO PROVIDE THE COURT WITH UPDATED INFORMATION ABOUT THE |
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276 | | - | CIRCUMSTANCES THE COURT IS REQUIRED TO FIND PURSUANT TO SUBSECTION |
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277 | | - | (4)(c)(II) OF THIS SECTION. UPON NOTIFICATION FROM THE PERSON , THE |
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278 | | - | COURT SHALL HOLD A HEARING TO DETERMINE WHETHER TO RENEW THE |
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279 | | - | ORDER |
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280 | | - | . THE COURT MAY RENEW ITS ORDER FOR AN ADDITIONAL FIVE DAYS |
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281 | | - | IF IT MAKES THE FINDINGS REQUIRED IN SUBSECTION |
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282 | | - | (4)(c)(II) OF THIS |
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283 | | - | SECTION FOR ISSUANCE OF A COURT ORDER |
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284 | | - | . |
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| 280 | + | ERVICES ARE NOT AVAILABLE FOR ANY JUVENILE CURRENTLY26 |
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| 281 | + | PLACED IN DETENTION IN THE |
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| 282 | + | JUDICIAL DISTRICT THAT WOULD MITIGATE27 |
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| 283 | + | 1307 |
---|
| 284 | + | -8- THE SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS PRESENTED BY THE1 |
---|
| 285 | + | JUVENILE OR THE JUVENILE'S RISK OF FLIGHT FROM PROSECUTION; AND2 |
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| 286 | + | (D) O |
---|
| 287 | + | THER FORMS OF COMMUNITY -BASED SUPERVISION FOR THE3INCOMING JUVENILE ARE NOT SUFFICIENT TO MITIGATE THE SUBSTANTIAL4 |
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| 288 | + | RISK OF SERIOUS HARM TO OTHERS PRESENTED BY THE JUVENILE OR THE5 |
---|
| 289 | + | JUVENILE'S RISK OF FLIGHT FROM PROSECUTION.6 |
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| 290 | + | (III) IF A DETENTION BED WITHIN THE JUDICIAL DISTRICT 'S7 |
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| 291 | + | ALLOCATION THAT IS UNDER THE STATEWIDE DETENTION BED CAP8 |
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| 292 | + | BECOMES AVAILABLE, THE JUVENILE UTILIZING A TEMPORARY EMERGENCY9 |
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| 293 | + | DETENTION BED SHALL REVERT TO THE NONEMERGENCY DETENTION BED10 |
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| 294 | + | AND THE REQUIREMENTS IN THIS SUBSECTION (4) NO LONGER APPLY. IF A11 |
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| 295 | + | DETENTION BED BECOMES AVAILABLE WITHIN THE JUDICIAL DISTRICT'S12 |
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| 296 | + | CATCHMENT AREA BUT AT A DIFFERENT FACILITY, THE JUVENILE MAY, AT13 |
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| 297 | + | THE DISCRETION OF THE JUDICIAL DISTRICT, REMAIN IN THE TEMPORARY14 |
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| 298 | + | EMERGENCY DETENTION BED IN LIEU OF TRANSFERRING TO THE15 |
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| 299 | + | NONEMERGENCY DETENTION BED IN A DIFFERENT FACILITY .16 |
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| 300 | + | (IV) ON THE FIFTH BUSINESS DAY FOLLOWING THE ISSUANCE OR17 |
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| 301 | + | RENEWAL OF EACH COURT ORDER ISSUED PURSUANT TO THIS SUBSECTION18 |
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| 302 | + | (4)(c), |
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| 303 | + | IF THE CIRCUMSTANCES DESCRIBED IN SUBSECTION (4)(c)(I) OF THIS19 |
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| 304 | + | SECTION EXIST AND THE JUVENILE |
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| 305 | + | REMAINS DETAINED IN THE TEMPORARY20 |
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| 306 | + | EMERGENCY DETENTION BED, THE PERSON WHO FILED THE INITIAL21 |
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| 307 | + | PETITION PURSUANT TO SUBSECTION (4)(c)(I) OF THIS SECTION, OR THE22 |
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| 308 | + | PERSON'S DESIGNEE, SHALL INFORM THE COURT THAT THE CIRCUMSTANCES23 |
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| 309 | + | STILL EXIST AND THE JUVENILE REMAINS DETAINED IN THE TEMPORARY24 |
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| 310 | + | EMERGENCY DETENTION BED. AT THE TIME OF INFORMING THE COURT, THE25 |
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| 311 | + | PERSON SHALL ALSO PROVIDE THE COURT WITH UPDATED INFORMATION26 |
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| 312 | + | ABOUT THE CIRCUMSTANCES THE COURT IS REQUIRED TO FIND PURSUANT27 |
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| 313 | + | 1307 |
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| 314 | + | -9- TO SUBSECTION (4)(c)(II) OF THIS SECTION. UPON NOTIFICATION FROM THE1 |
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| 315 | + | PERSON, THE COURT SHALL HOLD A HEARING TO DETERMINE WHETHER TO2 |
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| 316 | + | RENEW THE ORDER . THE COURT MAY RENEW ITS ORDER FOR AN3 |
---|
| 317 | + | ADDITIONAL FIVE DAYS IF IT MAKES THE FINDINGS REQUIRED IN4 |
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| 318 | + | SUBSECTION (4)(c)(II) OF THIS SECTION FOR ISSUANCE OF A COURT ORDER.5 |
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298 | | - | HE COURT SHALL, AT THE JUVENILE'S |
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299 | | - | DETENTION HEARING |
---|
300 | | - | , APPOINT A GUARDIAN AD LITEM FOR A JUVENILE |
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301 | | - | DETAINED PURSUANT TO THIS ARTICLE |
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302 | | - | 2.5. AN APPOINTMENT MADE |
---|
303 | | - | PURSUANT TO THIS SUBSECTION |
---|
304 | | - | (2.5) TERMINATES UPON THE RELEASE OF |
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305 | | - | THE JUVENILE FROM DETENTION UNLESS THE COURT ALSO FINDS A BASIS FOR |
---|
306 | | - | THE APPOINTMENT PURSUANT TO SECTION |
---|
307 | | - | 19-1-111 (2)(a). |
---|
308 | | - | SECTION 4. In Colorado Revised Statutes, 19-2.5-1404, amend |
---|
309 | | - | (1)(b)(VII) and (3)(b) introductory portion; and add (3)(d) and (3)(e) as |
---|
310 | | - | follows: |
---|
311 | | - | 19-2.5-1404. Working group for criteria for placement of |
---|
312 | | - | juvenile offenders - establishment of formula - review of criteria - |
---|
313 | | - | PAGE 7-HOUSE BILL 23-1307 report. (1) (b) The working group shall carry out the following duties: |
---|
314 | | - | (VII) At least every two years, to ANNUALLY review data collected |
---|
315 | | - | by the division of youth services on the use of funding pursuant to |
---|
316 | | - | subsection (1)(b)(V) of this section and its impact on the use of juvenile |
---|
317 | | - | detention. The working group shall identify the measures that it will collect |
---|
318 | | - | as part of its review of the impact of preadjudicated funding on detention |
---|
319 | | - | pursuant to this section. |
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320 | | - | (3) (b) On or before July 1, 2023, and on or before July 1 each year |
---|
321 | | - | thereafter, the department of human services shall submit a report to the |
---|
322 | | - | working group, the judiciary committees of the senate and the house of |
---|
323 | | - | representatives, or any successor committees, and the health and human |
---|
324 | | - | services committee of the senate and the public and behavioral health and |
---|
325 | | - | human services committee of the house of representatives, or any successor |
---|
326 | | - | committees. including |
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327 | | - | THE REPORT MUST INCLUDE THE DATA COLLECTED |
---|
328 | | - | PURSUANT TO SUBSECTION |
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329 | | - | (3)(d) OF THIS SECTION FOR THE PRIOR CALENDAR |
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330 | | - | YEAR AND THE FOLLOWING |
---|
331 | | - | : |
---|
| 331 | + | HE COURT |
---|
| 332 | + | SHALL, AT THE15 |
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| 333 | + | JUVENILE'S DETENTION HEARING, APPOINT A GUARDIAN AD LITEM FOR A16 |
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| 334 | + | JUVENILE DETAINED PURSUANT TO THIS ARTICLE 2.5. AN APPOINTMENT17 |
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| 335 | + | MADE PURSUANT TO THIS SUBSECTION (2.5) TERMINATES UPON THE18 |
---|
| 336 | + | RELEASE OF THE JUVENILE FROM DETENTION UNLESS THE COURT ALSO19 |
---|
| 337 | + | FINDS A BASIS FOR THE APPOINTMENT PURSUANT TO SECTION 19-1-11120 |
---|
| 338 | + | (2)(a).21 |
---|
| 339 | + | SECTION 4. In Colorado Revised Statutes, 19-2.5-1404, amend22 |
---|
| 340 | + | (1)(b)(VII) and (3)(b) introductory portion; and add (3)(d) and (3)(e) as23 |
---|
| 341 | + | follows:24 |
---|
| 342 | + | 19-2.5-1404. Working group for criteria for placement of]25 |
---|
| 343 | + | juvenile offenders - establishment of formula - review of criteria -26 |
---|
| 344 | + | report. (1) (b) The working group shall carry out the following duties:27 |
---|
| 345 | + | 1307 |
---|
| 346 | + | -10- (VII) At least every two years, to ANNUALLY review data collected1 |
---|
| 347 | + | by the division of youth services on the use of funding pursuant to2 |
---|
| 348 | + | subsection (1)(b)(V) of this section and its impact on the use of juvenile3 |
---|
| 349 | + | detention. The working group shall identify the measures that it will4 |
---|
| 350 | + | collect as part of its review of the impact of preadjudicated funding on5 |
---|
| 351 | + | detention pursuant to this section.6 |
---|
| 352 | + | (3) (b) On or before July 1, 2023, and on or before July 1 each7 |
---|
| 353 | + | year thereafter, the department of human services shall submit a report to8 |
---|
| 354 | + | the working group, the judiciary committees of the senate and the house9 |
---|
| 355 | + | of representatives, or any successor committees, and the health and10 |
---|
| 356 | + | human services committee of the senate and the public and behavioral11 |
---|
| 357 | + | health and human services committee of the house of representatives, or12 |
---|
| 358 | + | any successor committees. including THE REPORT MUST INCLUDE THE13 |
---|
| 359 | + | DATA COLLECTED PURSUANT TO SUBSECTION (3)(d) OF THIS SECTION FOR14 |
---|
| 360 | + | THE PRIOR CALENDAR YEAR AND THE FOLLOWING :15 |
---|
373 | | - | HE NUMBER OF YOUTH IN EACH JUDICIAL DISTRICT WHO COULD |
---|
374 | | - | NOT OTHERWISE BE RELEASED FROM DETENTION WHO WERE RELEASED |
---|
375 | | - | PURSUANT TO A COURT ORDER TO MAKE A DETENTION BED AVAILABLE IN |
---|
376 | | - | THE CATCHMENT AREA |
---|
377 | | - | ; AND |
---|
378 | | - | (C) THE NUMBER OF YOUTH ELIGIBLE FOR RELEASE FROM A |
---|
379 | | - | DETENTION FACILITY WITHOUT AN ADDITIONAL COURT ORDER WHO |
---|
380 | | - | , AFTER |
---|
381 | | - | BEING HELD IN DETENTION FOR A PERIOD OF TIME DUE TO A LACK OF |
---|
382 | | - | AVAILABLE SERVICES OR PLACEMENT |
---|
383 | | - | , ARE RELEASED FROM DETENTION |
---|
384 | | - | WITHOUT THE IDENTIFIED SERVICES OR PLACEMENT |
---|
385 | | - | , AND THE NUMBER OF |
---|
386 | | - | DAYS BETWEEN THE IDENTIFICATION OF THE NEED FOR SERVICES OR |
---|
387 | | - | PLACEMENT AND RELEASE |
---|
388 | | - | , FOR EACH YOUTH. |
---|
389 | | - | (II) T |
---|
390 | | - | HE WORKING GROUP SHALL INCLUDE THE RESULTS OF THE |
---|
391 | | - | STUDY IN ITS RECOMMENDATIONS MADE PURSUANT TO SUBSECTION |
---|
392 | | - | (3)(a)(III) OF THIS SECTION. |
---|
393 | | - | SECTION 5. Appropriation. (1) For the 2023-24 state fiscal year, |
---|
394 | | - | $3,340,119 is appropriated to the department of human services for use by |
---|
395 | | - | the office of children, youth, and families. This appropriation is from the |
---|
396 | | - | general fund. To implement this act, the office may use this appropriation |
---|
397 | | - | as follows: |
---|
398 | | - | (a) $1,174,816 for use by the division of youth services for program |
---|
399 | | - | administration related to institutional programs, which amount is based on |
---|
400 | | - | an assumption that the division will require an additional 15.0 FTE; |
---|
401 | | - | (b) $11,792 for use by the division of youth services for medical |
---|
402 | | - | services related to institutional programs; |
---|
403 | | - | PAGE 9-HOUSE BILL 23-1307 (c) $300,816 for use by the division of youth services for S.B. |
---|
404 | | - | 91-094 programs related to community programs, which amount is based |
---|
405 | | - | on an assumption that the division will require an additional 1.0 FTE; |
---|
406 | | - | (d) $1,780,137 for use by the division of child welfare for |
---|
407 | | - | community provider incentives; and |
---|
408 | | - | (e) $72,558 for use by the division of child welfare for Colorado |
---|
409 | | - | Trails. |
---|
410 | | - | (2) For the 2023-24 state fiscal year, the general assembly |
---|
411 | | - | anticipates that the department of human services will receive $39,069 in |
---|
412 | | - | federal funds for use by the division of child welfare to implement this act. |
---|
413 | | - | The appropriation in subsection (1)(e) of this section is based on the |
---|
414 | | - | assumption that the division will receive this amount of federal funds, |
---|
415 | | - | which is subject to the "(I)" notation as defined in the annual general |
---|
416 | | - | appropriation act for the same fiscal year. |
---|
417 | | - | (3) For the 2023-24 state fiscal year, $463,000 is appropriated to the |
---|
418 | | - | judicial department for use by the office of the child's representative. This |
---|
419 | | - | appropriation is from the general fund. To implement this act, the office |
---|
420 | | - | may use this appropriation for court-appointed counsel. |
---|
421 | | - | SECTION 6. Safety clause. The general assembly hereby finds, |
---|
422 | | - | PAGE 10-HOUSE BILL 23-1307 determines, and declares that this act is necessary for the immediate |
---|
423 | | - | preservation of the public peace, health, or safety. |
---|
424 | | - | ____________________________ ____________________________ |
---|
425 | | - | Julie McCluskie Steve Fenberg |
---|
426 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
---|
427 | | - | OF REPRESENTATIVES THE SENATE |
---|
428 | | - | ____________________________ ____________________________ |
---|
429 | | - | Robin Jones Cindi L. Markwell |
---|
430 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
---|
431 | | - | OF REPRESENTATIVES THE SENATE |
---|
432 | | - | APPROVED________________________________________ |
---|
433 | | - | (Date and Time) |
---|
434 | | - | _________________________________________ |
---|
435 | | - | Jared S. Polis |
---|
436 | | - | GOVERNOR OF THE STATE OF COLORADO |
---|
437 | | - | PAGE 11-HOUSE BILL 23-1307 |
---|
| 398 | + | HE NUMBER OF YOUTH |
---|
| 399 | + | IN EACH JUDICIAL DISTRICT WHO17 |
---|
| 400 | + | COULD NOT OTHERWISE BE RELEASED FROM DETENTION WHO WERE18 |
---|
| 401 | + | RELEASED PURSUANT TO A COURT ORDER TO MAKE A DETENTION BED19 |
---|
| 402 | + | AVAILABLE IN THE CATCHMENT AREA ; AND20 |
---|
| 403 | + | (C) THE NUMBER OF YOUTH ELIGIBLE FOR RELEASE FROM A21 |
---|
| 404 | + | DETENTION FACILITY WITHOUT AN ADDITIONAL COURT ORDER WHO , AFTER22 |
---|
| 405 | + | BEING HELD IN DETENTION FOR A PERIOD OF TIME DUE TO A LACK OF23 |
---|
| 406 | + | AVAILABLE SERVICES OR PLACEMENT, ARE RELEASED FROM DETENTION24 |
---|
| 407 | + | WITHOUT THE IDENTIFIED SERVICES OR PLACEMENT, AND THE NUMBER OF25 |
---|
| 408 | + | DAYS BETWEEN THE IDENTIFICATION OF THE NEED FOR SERVICES OR26 |
---|
| 409 | + | PLACEMENT AND RELEASE , FOR EACH YOUTH.27 |
---|
| 410 | + | 1307 |
---|
| 411 | + | -12- (II) THE WORKING GROUP SHALL INCLUDE THE RESULTS OF THE1 |
---|
| 412 | + | STUDY IN ITS RECOMMENDATIONS MADE PURSUANT TO SUBSECTION2 |
---|
| 413 | + | (3)(a)(III) OF THIS SECTION. 3 |
---|
| 414 | + | SECTION 5. Appropriation. (1) For the 2023-24 state fiscal4 |
---|
| 415 | + | year, $3,340,119 is appropriated to the department of human services for5 |
---|
| 416 | + | use by the office of children, youth, and families. This appropriation is6 |
---|
| 417 | + | from the general fund. To implement this act, the office may use this7 |
---|
| 418 | + | appropriation as follows:8 |
---|
| 419 | + | (a) $1,174,816 for use by the division of youth services for9 |
---|
| 420 | + | program administration related to institutional programs, which amount10 |
---|
| 421 | + | is based on an assumption that the division will require an additional 15.011 |
---|
| 422 | + | FTE;12 |
---|
| 423 | + | (b) $11,792 for use by the division of youth services for medical13 |
---|
| 424 | + | services related to institutional programs;14 |
---|
| 425 | + | (c) $300,816 for use by the division of youth services for S.B.15 |
---|
| 426 | + | 91-094 programs related to community programs, which amount is based16 |
---|
| 427 | + | on an assumption that the division will require an additional 1.0 FTE;17 |
---|
| 428 | + | (d) $1,780,137 for use by the division of child welfare for18 |
---|
| 429 | + | community provider incentives; and19 |
---|
| 430 | + | (e) $72,558 for use by the division of child welfare for Colorado20 |
---|
| 431 | + | Trails.21 |
---|
| 432 | + | (2) For the 2023-24 state fiscal year, the general assembly22 |
---|
| 433 | + | anticipates that the department of human services will receive $39,069 in23 |
---|
| 434 | + | federal funds for use by the division of child welfare to implement this24 |
---|
| 435 | + | act. The appropriation in subsection (1)(e) of this section is based on the25 |
---|
| 436 | + | assumption that the division will receive this amount of federal funds,26 |
---|
| 437 | + | which is subject to the "(I)" notation as defined in the annual general27 |
---|
| 438 | + | 1307 |
---|
| 439 | + | -13- appropriation act for the same fiscal year.1 |
---|
| 440 | + | (3) For the 2023-24 state fiscal year, $463,000 is appropriated to2 |
---|
| 441 | + | the judicial department for use by the office of the child's representative.3 |
---|
| 442 | + | This appropriation is from the general fund. To implement this act, the4 |
---|
| 443 | + | office may use this appropriation for court-appointed counsel.5 |
---|
| 444 | + | SECTION 6. Safety clause. The general assembly hereby finds,6 |
---|
| 445 | + | determines, and declares that this act is necessary for the immediate7 |
---|
| 446 | + | preservation of the public peace, health, or safety.8 |
---|
| 447 | + | 1307 |
---|
| 448 | + | -14- |
---|