Colorado 2023 Regular Session

Colorado House Bill HB1307 Compare Versions

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1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 23-0969.01 Conrad Imel x2313
18 HOUSE BILL 23-1307
2-BY REPRESENTATIVE(S) Daugherty and Soper, Amabile, Bird,
3-Boesenecker, Kipp, Lindsay, Marshall, Mauro, Michaelson Jenet, Sirota,
4-Snyder, Young, McCluskie;
5-also SENATOR(S) Simpson and Rodriguez, Bridges, Buckner, Cutter,
6-Exum, Fields, Gardner, Gonzales, Hansen, Kirkmeyer, Liston, Marchman,
7-Moreno, Mullica, Pelton B., Priola, Smallwood, Will, Zenzinger.
9+House Committees Senate Committees
10+Public & Behavioral Health & Human Services Appropriations
11+Appropriations
12+A BILL FOR AN ACT
813 C
9-ONCERNING ENHANCED SUPPORTS FOR YOUTH WHO ARE IN DETENTION ,
10-AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
11-Be it enacted by the General Assembly of the State of Colorado:
12-SECTION 1. Legislative declaration. (1) The general assembly
13-finds and declares that:
14-(a) Across the state, there is a need for community-based services
15-and supports spanning the youth services continuum that help to serve
16-youth, including those with high mental health needs, significant substance
17-abuse concerns, or other unmet needs. The state of Colorado must ensure
18-adequate resources to provide community services and supports that could
19-safely keep youth in the home or place youth who are unable to return home
20-in appropriate therapeutic out-of-home placements.
21-NOTE: This bill has been prepared for the signatures of the appropriate legislative
22-officers and the Governor. To determine whether the Governor has signed the bill
23-or taken other action on it, please consult the legislative status sheet, the legislative
24-history, or the Session Laws.
25-________
26-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27-through words or numbers indicate deletions from existing law and such material is not part of
28-the act. (b) Additional investment in alternatives to incarceration is
29-necessary to develop and expand inpatient beds available to treat youth with
30-substance use disorders; residential treatment programs for youth with
31-mental health needs; community-based mental health services for children
32-and families; and other community-based, culturally relevant,
33-developmentally appropriate services, including mentorship programs for
34-youth;
35-(c) The general assembly recognized the need for more inpatient
36-treatment beds for adolescents with substance use disorders in section
37-27-80-127, Colorado Revised Statutes, and required the behavioral health
38-administration to create, develop, or contract for additional substance use
39-treatment beds for youth;
40-(d) The general assembly further recognized the need to eliminate
41-barriers to youth moving into the least restrictive placements by establishing
42-the high-risk families cash fund in section 27-80-123, Colorado Revised
43-Statutes, to better serve children and youth at risk of entering, or who are
44-involved in, the juvenile justice system, and by providing funding for a
45-youth neuro-psych facility, psychiatric residential treatment programs, and
46-qualified residential treatment programs in section 27-90-112, Colorado
47-Revised Statutes;
48-(e) A lack of appropriate out-of-home, non-secure, specialized
49-placements for youth is causing some youth who could otherwise be placed
50-in lieu of detention to be detained in a division of youth services youth
51-detention center for longer than if the placements were available;
52-(f) The Colorado youth detention continuum (CYDC) advisory
53-board has developed new metrics to determine current needs related to
54-youth detention that can help interested parties understand how many youth
55-are currently held in secure detention until a licensed residential treatment
56-option accepts the youth into their milieu and identify creative solutions that
57-are available to manage the juvenile detention bed cap to best serve
58-Colorado youth; and
59-(g) Guardians ad litem provide critical services for youth involved
60-with the juvenile justice system, including providing advocacy and
61-representation in court settings for detained youth.
62-PAGE 2-HOUSE BILL 23-1307 (2) Therefore, the general assembly declares that support is needed
63-for the department of human services to provide incentives to
64-community-based residential providers to serve youth exiting secure
65-detention and to build additional capacity for community-based, culturally
66-relevant, developmentally appropriate services, including prevention,
67-intervention, and mentorship programs, that can be offered to youth being
68-held in secure detention and as they exit into the community.
69-(3) The general assembly further finds that it is beneficial for the
70-department of human services to track necessary metrics to understand the
71-need for funds for services and placements on an ongoing basis and support
72-the CYDC advisory board in recommending ways to meet this need and
73-manage the current juvenile detention bed cap.
74-SECTION 2. In Colorado Revised Statutes, add 19-2.5-1407.3 as
75-follows:
76-19-2.5-1407.3. Appropriation to the department of human
77-services - allocation to judicial districts - provider incentives -
14+ONCERNING ENHANCED SUPPORTS FOR YOUTH WHO ARE IN101
15+DETENTION, AND, IN CONNECTION THEREWITH, MAKING AN102
16+APPROPRIATION.103
17+Bill Summary
18+(Note: This summary applies to this bill as introduced and does
19+not reflect any amendments that may be subsequently adopted. If this bill
20+passes third reading in the house of introduction, a bill summary that
21+applies to the reengrossed version of this bill will be available at
22+http://leg.colorado.gov
23+.)
24+The bill requires the general assembly to appropriate $3,340,119
25+to the department of human services (department) in each fiscal year for
26+services for youth who can be placed in lieu of detention. Of the money,
27+the department shall:
28+! Allocate $200,000 to judicial districts for services for
29+SENATE
30+3rd Reading Unamended
31+May 4, 2023
32+SENATE
33+2nd Reading Unamended
34+May 3, 2023
35+HOUSE
36+3rd Reading Unamended
37+May 1, 2023
38+HOUSE
39+Amended 2nd Reading
40+April 29, 2023
41+HOUSE SPONSORSHIP
42+Daugherty and Soper, Amabile, Bird, Boesenecker, Kipp, Lindsay, Marshall, Mauro,
43+McCluskie, Michaelson Jenet, Sirota, Snyder, Young
44+SENATE SPONSORSHIP
45+Simpson and Rodriguez, Bridges, Buckner, Cutter, Exum, Fields, Gardner, Gonzales,
46+Hansen, Kirkmeyer, Liston, Marchman, Moreno, Mullica, Pelton B., Priola, Smallwood, Will,
47+Zenzinger
48+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
49+Capital letters or bold & italic numbers indicate new material to be added to existing law.
50+Dashes through the words or numbers indicate deletions from existing law. detained youth and supports for youth moving from
51+detention to treatment or other placements;
52+! Use $1,780,137 to incentivize and remove barriers for
53+licensed providers to serve youth who may be placed in
54+community residential facilities or family-like settings in
55+lieu of detention; and
56+! Use $1,359,982 of the money for temporary emergency
57+detention beds for juveniles.
58+Existing law limits the number of juvenile detention beds available
59+for juveniles statewide, which are allocated to catchment areas established
60+by the department together with the state court administrator in the
61+judicial department. The beds in each catchment area are allocated to each
62+judicial district in the catchment area. The bill establishes 22 temporary
63+emergency detention beds that may be used, pursuant to a court order,
64+when there are no available judicial detention beds in a catchment area.
65+The department allocates temporary emergency detention beds to each
66+catchment area. The bill sets forth the process for a court to issue an order
67+permitting the use of a temporary emergency detention bed. Temporary
68+emergency detention beds do not count toward the statewide juvenile
69+detention bed limit.
70+The court is required to immediately appoint a guardian ad litem
71+for each detained juvenile.
72+Under existing law, the working group for criteria for placement
73+of juvenile offenders, known as the CYDC working group, is required to
74+review data collected by the division of youth services every 2 years. The
75+bill requires the CDYC working group to conduct the review annually.
76+The department is required to collect statewide data about:
77+! Youth eligible for release from a detention facility without
78+an additional court order if services or placements are
79+available for the youth;
80+! The use of temporary emergency detention beds; and
81+! Youth released from detention solely because the number
82+of youth detained statewide exceeds the statewide detention
83+bed cap.
84+The department shall annually report the statewide data to the
85+CYDC working group, the house of representatives and senate judiciary
86+committees, the house of representatives public and behavioral health and
87+human services committee, and the senate health and human services
88+committee, or any successor committees.
89+Be it enacted by the General Assembly of the State of Colorado:1
90+SECTION 1. Legislative declaration. (1) The general assembly2
91+1307-2- finds and declares that:1
92+(a) Across the state, there is a need for community-based services2
93+and supports spanning the youth services continuum that help to serve3
94+youth, including those with high mental health needs, significant4
95+substance abuse concerns, or other unmet needs. The state of Colorado5
96+must ensure adequate resources to provide community services and6
97+supports that could safely keep youth in the home or place youth who are7
98+unable to return home in appropriate therapeutic out-of-home placements.8
99+(b) Additional investment in alternatives to incarceration is9
100+necessary to develop and expand inpatient beds available to treat youth10
101+with substance use disorders; residential treatment programs for youth11
102+with mental health needs; community-based mental health services for12
103+children and families; and other community-based, culturally relevant,13
104+developmentally appropriate services, including mentorship programs for14
105+youth;15
106+(c) The general assembly recognized the need for more inpatient16
107+treatment beds for adolescents with substance use disorders in section17
108+27-80-127, Colorado Revised Statutes, and required the behavioral health18
109+administration to create, develop, or contract for additional substance use19
110+treatment beds for youth;20
111+(d) The general assembly further recognized the need to eliminate21
112+barriers to youth moving into the least restrictive placements by22
113+establishing the high-risk families cash fund in section 27-80-123,23
114+Colorado Revised Statutes, to better serve children and youth at risk of24
115+entering, or who are involved in, the juvenile justice system, and by25
116+providing funding for a youth neuro-psych facility, psychiatric residential26
117+treatment programs, and qualified residential treatment programs in27
118+1307
119+-3- section 27-90-112, Colorado Revised Statutes;1
120+(e) A lack of appropriate out-of-home, non-secure, specialized2
121+placements for youth is causing some youth who could otherwise be3
122+placed in lieu of detention to be detained in a division of youth services4
123+youth detention center for longer than if the placements were available;5
124+(f) The Colorado youth detention continuum (CYDC) advisory6
125+board has developed new metrics to determine current needs related to7
126+youth detention that can help interested parties understand how many8
127+youth are currently held in secure detention until a licensed residential9
128+treatment option accepts the youth into their milieu and identify creative10
129+solutions that are available to manage the juvenile detention bed cap to11
130+best serve Colorado youth; and12
131+(g) Guardian ad litems provide critical services for youth involved13
132+with the juvenile justice system, including providing advocacy and14
133+representation in court settings for detained youth.15
134+(2) Therefore, the general assembly declares that support is16
135+needed for the department of human services to provide incentives to17
136+community-based residential providers to serve youth exiting secure18
137+detention and to build additional capacity for community-based, culturally19
138+relevant, developmentally appropriate services, including prevention,20
139+intervention, and mentorship programs, that can be offered to youth being21
140+held in secure detention and as they exit into the community.22
141+(3) The general assembly further finds that it is beneficial for the23
142+department of human services to track necessary metrics to understand24
143+the need for funds for services and placements on an ongoing basis and25
144+support the CYDC advisory board in recommending ways to meet this26
145+need and manage the current juvenile detention bed cap.27
146+1307
147+-4- SECTION 2. In Colorado Revised Statutes, add 19-2.5-1407.31
148+as follows:2
149+19-2.5-1407.3. Appropriation to the department of human3
150+services - allocation to judicial districts - provider incentives -4
78151 temporary emergency detention beds - repeal. (1) F
79-OR STATE FISCAL
80-YEAR
81-2023-24, AND FOR EACH STATE FISCAL YEAR THEREAFTER , THE
82-GENERAL ASSEMBLY SHALL APPROPRIATE THREE MILLION THREE HUNDRED
83-FORTY THOUSAND ONE HUNDRED NINETEEN DOLLARS FROM THE GENERAL
84-FUND TO THE DEPARTMENT FOR YOUTH WHO ARE DETAINED OR CAN BE
85-PLACED IN LIEU OF DETENTION
86-.
152+OR STATE FISCAL5
153+YEAR 2023-24, AND FOR EACH STATE FISCAL YEAR THEREAFTER , THE6
154+GENERAL ASSEMBLY SHALL APPROPRIATE THREE MILLION THREE HUNDRED7
155+FORTY THOUSAND ONE HUNDRED NINETEEN DOLLARS FROM THE GENERAL8
156+FUND TO THE DEPARTMENT FOR YOUTH WHO
157+ARE DETAINED OR CAN BE9
158+PLACED IN LIEU OF DETENTION.10
87159 (2) O
88-F THE MONEY APPROPRIATED PURSUANT TO SUBSECTION (1) OF
89-THIS SECTION
90-, THE DEPARTMENT SHALL ALLOCATE TWO HUNDRED
91-THOUSAND DOLLARS FOR USE BY THE DIVISION OF YOUTH SERVICES TO
92-SUPPORT SERVICES FOR YOUTH WHO ARE DETAINED OR CAN BE PLACED IN
93-LIEU OF DETENTION
94-. THE DIVISION MAY USE THE MONEY FOR ANY OF THE
95-FOLLOWING
96-:
160+F THE MONEY APPROPRIATED PURSUANT TO SUBSECTION (1)11
161+OF THIS SECTION, THE DEPARTMENT SHALL ALLOCATE TWO HUNDRED12
162+THOUSAND DOLLARS FOR USE BY THE DIVISION OF YOUTH SERVICES TO13
163+SUPPORT SERVICES FOR YOUTH WHO ARE DETAINED OR CAN BE PLACED IN14
164+LIEU OF DETENTION. THE DIVISION MAY USE THE MONEY FOR ANY OF THE15
165+FOLLOWING:16
97166 (a) C
98-OMMUNITY-BASED OUTPATIENT THERAPEUTIC SERVICES ,
99-INCLUDING MENTAL AND BEHAVIORAL HEALTH SERVICES , FAMILY THERAPY
100-SERVICES
101-, AND SUBSTANCE USE TREATMENT AND THERAPY ;
167+OMMUNITY-BASED OUTPATIENT THERAPEUTIC SERVICES ,17
168+INCLUDING MENTAL AND BEHAVIORAL HEALTH SERVICES , FAMILY18
169+THERAPY SERVICES, AND SUBSTANCE USE TREATMENT AND THERAPY ;19
102170 (b) M
103-ENTORSHIP SERVICES FOR YOUTH , INCLUDING ENSURING
104-CONTINUITY OF MENTORSHIP SERVICES AFTER A YOUTH IS RELEASED FROM
105-DETENTION
106-; AND
107-PAGE 3-HOUSE BILL 23-1307 (c) SUPPORTS TO ASSIST WITH MOVING YOUTH WHO REQUIRE
108-OUT
109--OF-HOME PLACEMENT QUICKLY FROM DETENTION TO THE OUT -OF-HOME
110-PLACEMENT
111-, INCLUDING, BUT NOT LIMITED TO:
171+ENTORSHIP SERVICES FOR YOUTH , INCLUDING ENSURING20
172+CONTINUITY OF MENTORSHIP SERVICES AFTER A YOUTH IS RELEASED FROM21
173+DETENTION; AND22
174+(c) S
175+UPPORTS TO ASSIST WITH MOVING YOUTH WHO REQUIRE23
176+OUT-OF-HOME PLACEMENT QUICKLY FROM DETENTION TO THE24
177+OUT-OF-HOME PLACEMENT, INCLUDING, BUT NOT LIMITED TO:25
112178 (I) S
113-UPPORT FOR A GRANDPARENT, KIN, OR OTHER SUITABLE PERSON
114-FOR CARE OF A JUVENILE RELEASED TO THE PERSON
115-'S CARE;
116-(II) S
117-UPPORT FOR FOSTER PARENTS;
179+UPPORT FOR A GRANDPARENT , KIN, OR OTHER SUITABLE26
180+PERSON FOR CARE OF A JUVENILE RELEASED TO THE PERSON 'S CARE;27
181+1307
182+-5- (II) SUPPORT FOR FOSTER PARENTS;1
118183 (III) R
119-ECRUITMENT OF FOSTER PARENTS ; AND
120-(IV) RESPITE CHILD CARE.
184+ECRUITMENT OF FOSTER PARENTS ; AND2
185+(IV) R
186+ESPITE CHILD CARE.3
121187 (3) O
122-F THE MONEY APPROPRIATED PURSUANT TO SUBSECTION (1) OF
123-THIS SECTION
124-, THE DEPARTMENT SHALL USE ONE MILLION SEVEN HUNDRED
125-EIGHTY THOUSAND ONE HUNDRED THIRTY
126--SEVEN DOLLARS TO PROVIDE
127-INCENTIVES AND REMOVE BARRIERS FOR LICENSED PROVIDERS TO SERVE
128-YOUTH WHO MAY BE PLACED IN COMMUNITY RESIDENTIAL FACILITIES OR
129-FAMILY
130--LIKE SETTINGS IN LIEU OF DETENTION. IN ORDER TO BE ELIGIBLE TO
131-RECEIVE AN INCENTIVE OR OTHER FUNDING PURSUANT TO THIS SUBSECTION
132-(3), A PROVIDER MUST BE LICENSED TO PROVIDE OR OPERATE ANY OF THE
133-FOLLOWING
134-: TEMPORARY SHELTER, AS DEFINED IN SECTION 19-1-103; A
135-RESIDENTIAL CHILD CARE FACILITY
136-, AS DEFINED IN SECTION 26-6-903; A
137-QUALIFIED RESIDENTIAL TREATMENT PROGRAM
138-, AS DEFINED IN SECTION
139-26-5.4-102; A PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY, AS DEFINED
140-IN SECTION
141-25.5-4-103; THERAPEUTIC FOSTER CARE OR TREATMENT FOSTER
142-CARE
143-, AS EACH IS DEFINED IN SECTION 26-6-903; OR A FOSTER CARE HOME,
144-AS DEFINED IN SECTION 26-6-903 (10).
188+F THE MONEY APPROPRIATED PURSUANT TO SUBSECTION (1)4
189+OF THIS SECTION, THE DEPARTMENT SHALL USE ONE MILLION SEVEN5
190+HUNDRED EIGHTY THOUSAND ONE HUNDRED THIRTY -SEVEN DOLLARS TO6
191+PROVIDE INCENTIVES AND REMOVE BARRIERS FOR LICENSED PROVIDERS TO7
192+SERVE YOUTH WHO MAY BE PLACED IN COMMUNITY RESIDENTIAL8
193+FACILITIES OR FAMILY-LIKE SETTINGS IN LIEU OF DETENTION. IN ORDER TO9
194+BE ELIGIBLE TO RECEIVE AN INCENTIVE OR OTHER FUNDING PURSUANT TO10
195+THIS SUBSECTION (3), A PROVIDER MUST BE LICENSED TO PROVIDE OR11
196+OPERATE ANY OF THE FOLLOWING : TEMPORARY SHELTER, AS DEFINED IN12
197+SECTION 19-1-103; A RESIDENTIAL CHILD CARE FACILITY, AS DEFINED IN13
198+SECTION 26-6-903; A QUALIFIED RESIDENTIAL TREATMENT PROGRAM , AS14
199+DEFINED IN SECTION 26-5.4-102; A PSYCHIATRIC RESIDENTIAL TREATMENT15
200+FACILITY, AS DEFINED IN SECTION 25.5-4-103; THERAPEUTIC FOSTER CARE16
201+OR TREATMENT FOSTER CARE , AS EACH IS DEFINED IN SECTION 26-6-903;17
202+OR A FOSTER CARE HOME, AS DEFINED IN SECTION 26-6-903 (10).18
145203 (4) (a) O
146-F THE MONEY APPROPRIATED PURSUANT TO SUBSECTION (1)
147-OF THIS SECTION, THE DEPARTMENT SHALL USE ONE MILLION THREE
148-HUNDRED FIFTY
149--NINE THOUSAND NINE HUNDRED EIGHTY -TWO DOLLARS FOR
150-THE PROVISION OF TEMPORARY EMERGENCY DETENTION BEDS DESCRIBED IN
151-SUBSECTION
152- (4)(b) OF THIS SECTION.
204+F THE MONEY APPROPRIATED PURSUANT TO SUBSECTION19
205+(1)
206+ OF THIS SECTION, THE DEPARTMENT SHALL USE ONE MILLION THREE20
207+HUNDRED FIFTY-NINE THOUSAND NINE HUNDRED EIGHTY -TWO DOLLARS21
208+FOR THE PROVISION OF TEMPORARY EMERGENCY DETENTION BEDS22
209+DESCRIBED IN SUBSECTION (4)(b) OF THIS SECTION.23
153210 (b) T
154-WENTY-TWO TEMPORARY EMERGENCY DETENTION BEDS ARE
155-AVAILABLE STATEWIDE
156-. A TEMPORARY EMERGENCY DETENTION BED DOES
157-NOT COUNT TOWARD THE LIMIT OF JUVENILE DETENTION BEDS AVAILABLE
158-PURSUANT TO SECTION
159-19-2.5-1514. THE DEPARTMENT SHALL ANNUALLY
160-ALLOCATE THE NUMBER OF TEMPORARY EMERGENCY DETENTION BEDS TO
161-PAGE 4-HOUSE BILL 23-1307 EACH CATCHMENT AREA IN THE STATE CREATED PURSUANT TO SECTION
162-19-2.5-1513. A TEMPORARY EMERGENCY DETENTION BED MAY BE MADE
163-AVAILABLE TO A JUDICIAL DISTRICT PURSUANT TO A COURT ORDER ISSUED
164-PURSUANT TO
165-, AND SUBJECT TO THE RESTRICTIONS SET FORTH IN ,
166-SUBSECTION (4)(c) OF THIS SECTION.
211+WENTY-TWO TEMPORARY EMERGENCY DETENTION BEDS ARE24
212+AVAILABLE STATEWIDE. A TEMPORARY EMERGENCY DETENTION BED DOES25
213+NOT COUNT TOWARD THE LIMIT OF JUVENILE DETENTION BEDS AVAILABLE26
214+PURSUANT TO SECTION 19-2.5-1514. THE DEPARTMENT SHALL ANNUALLY27
215+1307
216+-6- ALLOCATE THE NUMBER OF TEMPORARY EMERGENCY DETENTION BEDS TO1
217+EACH CATCHMENT AREA IN THE STATE CREATED PURSUANT TO SECTION2
218+19-2.5-1513.
219+ A TEMPORARY EMERGENCY DETENTION BED MAY BE MADE3
220+AVAILABLE TO A JUDICIAL DISTRICT PURSUANT TO A COURT ORDER ISSUED4
221+PURSUANT TO, AND SUBJECT TO THE RESTRICTIONS SET FORTH IN ,5
222+SUBSECTION (4)(c) OF THIS SECTION.6
167223 (c) (I) T
168-HE DISTRICT ATTORNEY OF A JUDICIAL DISTRICT OR A
169-COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES MAY PETITION THE
170-COURT NO LATER THAN THE NEXT BUSINESS DAY AFTER THE JUVENILE IS
171-DETAINED TO EXCEED THE NUMBER OF JUVENILE DETENTION BEDS
172-ALLOCATED TO A JUDICIAL DISTRICT PURSUANT TO SECTION
173-19-2.5-1405 FOR
174-THE PERIOD OF TIME BEFORE THE DETENTION HEARING FOR THE JUVENILE
175-WHO WOULD UTILIZE THE REQUESTED TEMPORARY EMERGENCY DETENTION
176-BED
177-, IF:
224+HE DISTRICT ATTORNEY OF A JUDICIAL DISTRICT OR A7
225+COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES MAY PETITION THE8
226+COURT
227+NO LATER THAN THE NEXT BUSINESS DAY AFTER THE JUVENILE IS9
228+DETAINED TO EXCEED THE NUMBER OF JUVENILE DETENTION BEDS10
229+ALLOCATED TO A JUDICIAL DISTRICT PURSUANT TO SECTION 19-2.5-140511
230+FOR THE PERIOD OF TIME BEFORE THE DETENTION HEARING FOR THE12
231+JUVENILE WHO WOULD UTILIZE THE REQUESTED TEMPORARY EMERGENCY13
232+DETENTION BED, IF:14
178233 (A) W
179-HEN ALL STATUTORILY AVAILABLE DETENTION BEDS
180-ALLOCATED TO THE JUDICIAL DISTRICT AND ANY JUDICIAL DISTRICT SHARING
181-THE SAME FACILITY ARE FULLY UTILIZED
182-, THE JUDICIAL DISTRICT IS
183-PRESENTED WITH A JUVENILE WHO IS CHARGED WITH COMMITTING A
184-DELINQUENT ACT WHO SCREENS INTO DETENTION BASED ON THE CURRENT
185-DETENTION SCREENING INSTRUMENT
186-;
187-(B) E
188-ACH BED LOANED BY THE JUDICIAL DISTRICT TO ANOTHER
189-JUDICIAL DISTRICT
190-, AS DESCRIBED IN SECTION 19-2.5-1405 (1)(b), HAS BEEN
191-RELINQUISHED TO THE LOANING JUDICIAL DISTRICT
192-;
193-(C) N
194-O DETENTION BEDS ARE AVAILABLE WITHIN THE JUDICIAL
195-DISTRICT
196-'S CATCHMENT AREA; AND
197-(D) THERE ARE NO AVAILABLE JUVENILE D ETENTION BEDS IN ANY
198-FACILITY WITHIN FIFTY MILES OF THE INITIAL RECEIVING JUVENILE
199-DETENTION FACILITY
200-. THIS SUBSECTION (4)(c)(I)(C) DOES NOT APPLY TO A
201-PETITION FOR A TEMPORARY EMERGENCY DETENTION BED IF
202-: THE POINT OF
203-ARREST OF THE JUVENILE WAS FIFTY MILES OR MORE FROM THE INITIAL
204-RECEIVING JUVENILE DETENTION FACILITY
205-; OR IF THE PETITION IS FOR A
206-JUVENILE TO UTILIZE A BED AT THE JUVENILE
207-'S INITIAL RECEIVING FACILITY
208-WHEN THE JUVENILE IS RETURNED TO THE INITIAL RECEIVING FACILITY
209-BECAUSE THE JUVENILE WAS UTILIZING A BED BORROWED FROM ANOTHER
210-JUDICIAL DISTRICT AND THE BORROWED BED IS NO LONGER AVAILABLE FOR
211-USE BY THE JUVENILE
212-.
213-PAGE 5-HOUSE BILL 23-1307 (II) UPON RECEIPT OF A PETITION TO EXCEED THE NUMBER OF
214-JUVENILE DETENTION BEDS ALLOCATED TO A JUDICIAL DISTRICT FILED
215-PURSUANT TO THIS SUBSECTION
216- (4)(c), A COURT SHALL ISSUE AN ORDER
217-PERMITTING A JUDICIAL DISTRICT TO EXCEED THE NUMBER OF JUVENILE
218-DETENTION BEDS ALLOCATED TO THE CATCHMENT AREA UP TO THE NUMBER
219-OF TEMPORARY EMERGENCY DETENTION BEDS ALLOCATED TO THE
220-CATCHMENT AREA BY THE DEPARTMENT IF THE COURT SPECIFICALLY FINDS
221-THAT THE FOLLOWING CIRCUMSTANCES EXIST
222-:
234+HEN ALL STATUTORILY AVAILABLE DETENTION BEDS15
235+ALLOCATED TO THE JUDICIAL DISTRICT AND ANY JUDICIAL DISTRICT16
236+SHARING THE SAME FACILITY ARE
237+FULLY UTILIZED, THE JUDICIAL DISTRICT17
238+IS PRESENTED WITH A JUVENILE WHO IS CHARGED WITH COMMITTING A18
239+DELINQUENT ACT WHO SCREENS INTO DETENTION BASED ON THE CURRENT19
240+DETENTION SCREENING INSTRUMENT ;20
241+(B) EACH BED LOANED BY THE JUDICIAL DISTRICT TO ANOTHER21
242+JUDICIAL DISTRICT, AS DESCRIBED IN SECTION 19-2.5-1405 (1)(b), HAS22
243+BEEN RELINQUISHED TO THE LOANING JUDICIAL DISTRICT ;23
244+(C) NO DETENTION BEDS ARE AVAILABLE WITHIN THE JUDICIAL24
245+DISTRICT'S CATCHMENT AREA; AND25
246+(D) THERE ARE NO AVAILABLE JUVENILE DETENTION BEDS IN ANY26
247+FACILITY WITHIN FIFTY MILES OF THE INITIAL RECEIVING JUVENILE27
248+1307
249+-7- DETENTION FACILITY. THIS SUBSECTION (4)(c)(I)(C) DOES NOT APPLY TO1
250+A PETITION FOR A TEMPORARY EMERGENCY DETENTION BED IF: THE POINT2
251+OF ARREST OF THE JUVENILE WAS FIFTY MILES OR MORE FROM THE INITIAL3
252+RECEIVING JUVENILE DETENTION FACILITY; OR IF THE PETITION IS FOR A4
253+JUVENILE TO UTILIZE A BED AT THE JUVENILE'S INITIAL RECEIVING5
254+FACILITY WHEN THE JUVENILE IS RETURNED TO THE INITIAL RECEIVING6
255+FACILITY BECAUSE THE JUVENILE WAS UTILIZING A BED BORROWED FROM7
256+ANOTHER JUDICIAL DISTRICT AND THE BORROWED BED IS NO LONGER8
257+AVAILABLE FOR USE BY THE JUVENILE.9
258+(II) U
259+PON RECEIPT OF A PETITION TO EXCEED THE NUMBER OF10
260+JUVENILE DETENTION BEDS ALLOCATED TO A
261+JUDICIAL DISTRICT FILED11
262+PURSUANT TO THIS SUBSECTION (4)(c), A COURT SHALL ISSUE AN ORDER12
263+PERMITTING A JUDICIAL DISTRICT TO EXCEED THE NUMBER OF JUVENILE13
264+DETENTION BEDS ALLOCATED TO THE CATCHMENT AREA UP TO THE14
265+NUMBER OF TEMPORARY EMERGENCY DETENTION BEDS ALLOCATED TO15
266+THE CATCHMENT AREA BY THE DEPARTMENT IF THE COURT SPECIFICALLY16
267+FINDS THAT THE FOLLOWING CIRCUMSTANCES EXIST :17
223268 (A) N
224-O DETENTION BEDS ARE AVAILABLE IN THE CATCHMENT AREA ;
269+O DETENTION BEDS ARE AVAILABLE IN THE CATCHMENT18
270+AREA;19
225271 (B) T
226-HERE IS A LEGAL BASIS FOR DETAINING EACH JUVENILE WHO IS
227-DETAINED IN THE JUDICIAL DISTRICT
228-, WHICH MAY INCLUDE FOR EACH
229-JUVENILE SCREENED THAT THE DETENTION SCREENING INSTRUMENT DOES
230-NOT SUPPORT RELEASE BECAUSE THE JUVENILE PRESENTS A SUBSTANTIAL
231-RISK OF SERIOUS HARM TO OTHERS OR IS A FLIGHT RISK FROM PROSECUTION
232-;
272+HERE IS A LEGAL BASIS FOR DETAINING EACH JUVENILE WHO20
273+IS DETAINED IN THE
274+JUDICIAL DISTRICT, WHICH MAY INCLUDE FOR EACH21
275+JUVENILE SCREENED THAT THE DETENTION SCREENING INSTRUMENT DOES22
276+NOT SUPPORT RELEASE BECAUSE THE JUVENILE PRESENTS A SUBSTANTIAL23
277+RISK OF SERIOUS HARM TO OTHERS OR IS A FLIGHT RISK FROM24
278+PROSECUTION;25
233279 (C) S
234-ERVICES ARE NOT AVAILABLE FOR ANY JUVENILE CURRENTLY
235-PLACED IN DETENTION IN THE JUDICIAL DISTRICT THAT WOULD MITIGATE THE
236-SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS PRESENTED BY THE
237-JUVENILE OR THE JUVENILE
238-'S RISK OF FLIGHT FROM PROSECUTION; AND
239-(D) OTHER FORMS OF COMMUNITY -BASED SUPERVISION FOR THE
240-INCOMING JUVENILE ARE NOT SUFFICIENT TO MITIGATE THE SUBSTANTIAL
241-RISK OF SERIOUS HARM TO OTHERS PRESENTED BY THE JUVENILE OR THE
242-JUVENILE
243-'S RISK OF FLIGHT FROM PROSECUTION.
244-(III) I
245-F A DETENTION BED WITHIN THE JUDICIAL DISTRICT 'S
246-ALLOCATION THAT IS UNDER THE STATEWIDE DETENTION BED CAP BECOMES
247-AVAILABLE
248-, THE JUVENILE UTILIZING A TEMPORARY EMERGENCY DETENTION
249-BED SHALL REVERT TO THE NONEMERGENCY DETENTION BED AND THE
250-REQUIREMENTS IN THIS SUBSECTION
251-(4) NO LONGER APPLY. IF A DETENTION
252-BED BECOMES AVAILABLE WITHIN THE JUDICIAL DISTRICT
253-'S CATCHMENT
254-AREA BUT AT A DIFFERENT FACILITY
255-, THE JUVENILE MAY, AT THE DISCRETION
256-OF THE JUDICIAL DISTRICT
257-, REMAIN IN THE TEMPORARY EMERGENCY
258-DETENTION BED IN LIEU OF TRANSFERRING TO THE NONEMERGENCY
259-DETENTION BED IN A DIFFERENT FACILITY
260-.
261-(IV) O
262-N THE FIFTH BUSINESS DAY FOLLOWING THE ISS UANCE OR
263-RENEWAL OF EACH COURT ORDER ISSUED PURSUANT TO THIS SUBSECTION
264-PAGE 6-HOUSE BILL 23-1307 (4)(c), IF THE CIRCUMSTANCES DESCRIBED IN SUBSECTION (4)(c)(I) OF THIS
265-SECTION EXIST AND THE JUVENILE REMAINS DETAINED IN THE TEMPORARY
266-EMERGENCY DETENTION BED
267-, THE PERSON WHO FILED THE INITIAL PETITION
268-PURSUANT TO SUBSECTION
269- (4)(c)(I) OF THIS SECTION, OR THE PERSON'S
270-DESIGNEE
271-, SHALL INFORM THE COURT THAT THE CIRCUMSTANCES STILL EXIST
272-AND THE JUVENILE REMAINS DETAINED IN THE TEMPORARY EMERGENCY
273-DETENTION BED
274-. AT THE TIME OF INFORMING THE COURT, THE PERSON SHALL
275-ALSO PROVIDE THE COURT WITH UPDATED INFORMATION ABOUT THE
276-CIRCUMSTANCES THE COURT IS REQUIRED TO FIND PURSUANT TO SUBSECTION
277-(4)(c)(II) OF THIS SECTION. UPON NOTIFICATION FROM THE PERSON , THE
278-COURT SHALL HOLD A HEARING TO DETERMINE WHETHER TO RENEW THE
279-ORDER
280-. THE COURT MAY RENEW ITS ORDER FOR AN ADDITIONAL FIVE DAYS
281-IF IT MAKES THE FINDINGS REQUIRED IN SUBSECTION
282- (4)(c)(II) OF THIS
283-SECTION FOR ISSUANCE OF A COURT ORDER
284-.
280+ERVICES ARE NOT AVAILABLE FOR ANY JUVENILE CURRENTLY26
281+PLACED IN DETENTION IN THE
282+JUDICIAL DISTRICT THAT WOULD MITIGATE27
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
286+(D) O
287+THER FORMS OF COMMUNITY -BASED SUPERVISION FOR THE3INCOMING JUVENILE ARE NOT SUFFICIENT TO MITIGATE THE SUBSTANTIAL4
288+RISK OF SERIOUS HARM TO OTHERS PRESENTED BY THE JUVENILE OR THE5
289+JUVENILE'S RISK OF FLIGHT FROM PROSECUTION.6
290+(III) IF A DETENTION BED WITHIN THE JUDICIAL DISTRICT 'S7
291+ALLOCATION THAT IS UNDER THE STATEWIDE DETENTION BED CAP8
292+BECOMES AVAILABLE, THE JUVENILE UTILIZING A TEMPORARY EMERGENCY9
293+DETENTION BED SHALL REVERT TO THE NONEMERGENCY DETENTION BED10
294+AND THE REQUIREMENTS IN THIS SUBSECTION (4) NO LONGER APPLY. IF A11
295+DETENTION BED BECOMES AVAILABLE WITHIN THE JUDICIAL DISTRICT'S12
296+CATCHMENT AREA BUT AT A DIFFERENT FACILITY, THE JUVENILE MAY, AT13
297+THE DISCRETION OF THE JUDICIAL DISTRICT, REMAIN IN THE TEMPORARY14
298+EMERGENCY DETENTION BED IN LIEU OF TRANSFERRING TO THE15
299+NONEMERGENCY DETENTION BED IN A DIFFERENT FACILITY .16
300+(IV) ON THE FIFTH BUSINESS DAY FOLLOWING THE ISSUANCE OR17
301+RENEWAL OF EACH COURT ORDER ISSUED PURSUANT TO THIS SUBSECTION18
302+(4)(c),
303+IF THE CIRCUMSTANCES DESCRIBED IN SUBSECTION (4)(c)(I) OF THIS19
304+SECTION EXIST AND THE JUVENILE
305+REMAINS DETAINED IN THE TEMPORARY20
306+EMERGENCY DETENTION BED, THE PERSON WHO FILED THE INITIAL21
307+PETITION PURSUANT TO SUBSECTION (4)(c)(I) OF THIS SECTION, OR THE22
308+PERSON'S DESIGNEE, SHALL INFORM THE COURT THAT THE CIRCUMSTANCES23
309+STILL EXIST AND THE JUVENILE REMAINS DETAINED IN THE TEMPORARY24
310+EMERGENCY DETENTION BED. AT THE TIME OF INFORMING THE COURT, THE25
311+PERSON SHALL ALSO PROVIDE THE COURT WITH UPDATED INFORMATION26
312+ABOUT THE CIRCUMSTANCES THE COURT IS REQUIRED TO FIND PURSUANT27
313+1307
314+-9- TO SUBSECTION (4)(c)(II) OF THIS SECTION. UPON NOTIFICATION FROM THE1
315+PERSON, THE COURT SHALL HOLD A HEARING TO DETERMINE WHETHER TO2
316+RENEW THE ORDER . THE COURT MAY RENEW ITS ORDER FOR AN3
317+ADDITIONAL FIVE DAYS IF IT MAKES THE FINDINGS REQUIRED IN4
318+SUBSECTION (4)(c)(II) OF THIS SECTION FOR ISSUANCE OF A COURT ORDER.5
285319 (5) (a) A
286-CCESS TO SERVICES AND TEMPORARY EMERGENCY
287-DETENTION BEDS CREATED OR EXP ANDED WITH MONEY APPROPRIATED
288-PURSUANT TO THIS SECTION MUST BE AVAILABLE AND ACCESSIBLE TO YOUTH
289-BEGINNING NO LATER THAN
290-DECEMBER 1, 2023.
320+CCESS TO SERVICES AND TEMPORARY EMERGENCY6
321+DETENTION BEDS CREATED OR EXPANDED WITH MONEY APPROPRIATED7
322+PURSUANT TO THIS SECTION MUST BE AVAILABLE AND ACCESSIBLE TO8
323+YOUTH BEGINNING NO LATER THAN DECEMBER 1, 2023.9
291324 (b) T
292-HIS SUBSECTION (5) IS REPEALED, EFFECTIVE JUNE 30, 2024.
293-SECTION 3. In Colorado Revised Statutes, 19-2.5-305, add (2.5)
294-as follows:
295-19-2.5-305. Detention and shelter - hearing - time limits -
296-findings - review - guardian ad litem appointed - confinement with
325+HIS SUBSECTION (5) IS REPEALED, EFFECTIVE JUNE 30, 2024.10
326+SECTION 3. In Colorado Revised Statutes, 19-2.5-305, add (2.5)11
327+as follows:12
328+19-2.5-305. Detention and shelter - hearing - time limits -13
329+findings - review - guardian ad litem appointed - confinement with14
297330 adult offenders - restrictions. (2.5) T
298-HE COURT SHALL, AT THE JUVENILE'S
299-DETENTION HEARING
300-, APPOINT A GUARDIAN AD LITEM FOR A JUVENILE
301-DETAINED PURSUANT TO THIS ARTICLE
302-2.5. AN APPOINTMENT MADE
303-PURSUANT TO THIS SUBSECTION
304-(2.5) TERMINATES UPON THE RELEASE OF
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.
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
327- THE REPORT MUST INCLUDE THE DATA COLLECTED
328-PURSUANT TO SUBSECTION
329- (3)(d) OF THIS SECTION FOR THE PRIOR CALENDAR
330-YEAR AND THE FOLLOWING
331-:
331+HE COURT
332+SHALL, AT THE15
333+JUVENILE'S DETENTION HEARING, APPOINT A GUARDIAN AD LITEM FOR A16
334+JUVENILE DETAINED PURSUANT TO THIS ARTICLE 2.5. AN APPOINTMENT17
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
332361 (d) B
333-EGINNING FOR STATE FISCAL YEAR 2023-24, AND FOR EACH
334-FISCAL YEAR THEREAFTER
335-, THE STATE DEPARTMENT SHALL COLLECT DATA
336-STATEWIDE CONCERNING THE FOLLOWING
337-:
362+EGINNING FOR STATE FISCAL YEAR 2023-24, AND FOR EACH16
363+FISCAL YEAR THEREAFTER, THE STATE DEPARTMENT SHALL COLLECT DATA17
364+STATEWIDE CONCERNING THE FOLLOWING :18
338365 (I) T
339-HE DEMOGRAPHIC INFORMATION , INCLUDING RACE, ETHNICITY,
340-GENDER, AGE, SEXUAL ORIENTATION, GENDER IDENTITY, AND DISABILITY
341-STATUS
342-, TO THE EXTENT THE INFORMATION IS AVAILABLE, OF THE YOUTH IN
343-EACH DETENTION FACILITY WHO ARE ELIGIBLE FOR RELEASE FROM A
344-DETENTION FACILITY WITHOUT AN ADDITIONAL COURT ORDER IF SERVICES
345-OR A PLACEMENT ARE AVAILABLE FOR THE YOUTH BUT WHO ARE BEING HELD
346-IN DETENTION DUE TO LACK OF AVAILABLE SERVICES OR PLACEMENT
347-;
348-(II) T
349-HE NUMBER OF TEMPORARY EMERGENCY DETENTION BEDS ,
350-DESCRIBED IN SECTION 19-2.5-1407.3 (4), USED EACH DAY IN EACH
351-CATCHMENT AREA
352-; AND
353-(III) THE NUMBER OF YOUTH RELEASED FROM DETENTION SOLELY
354-BECAUSE THE NUMBER OF YOUTH DETAINED STATEWIDE EXCEEDED THE
366+HE
367+DEMOGRAPHIC INFORMATION, INCLUDING RACE ,19
368+ETHNICITY, GENDER, AGE, SEXUAL ORIENTATION, GENDER IDENTITY, AND20
369+DISABILITY STATUS, TO THE EXTENT THE INFORMATION IS AVAILABLE, OF21
370+THE YOUTH IN EACH DETENTION FACILITY WHO ARE ELIGIBLE FOR RELEASE22
371+FROM A DETENTION FACILITY WITHOUT AN ADDITIONAL COURT ORDER IF23
372+SERVICES OR A PLACEMENT ARE AVAILABLE FOR THE YOUTH BUT WHO ARE24
373+BEING HELD IN DETENTION DUE TO LACK OF AVAILABLE SERVICES OR25
374+PLACEMENT;26
375+ 27
376+1307
377+-11- (II) THE NUMBER OF TEMPORARY EMERGENCY DETENTION BEDS ,1
378+DESCRIBED IN SECTION 19-2.5-1407.3 (4), USED EACH DAY IN EACH2
379+CATCHMENT AREA; AND3
380+(III) T
381+HE NUMBER OF YOUTH RELEASED FROM DETENTION SOLELY4
382+BECAUSE THE NUMBER OF YOUTH DETAINED STATEWIDE EXCEEDED THE5
355383 STATEWIDE DETENTION BED CAP ESTABLISHED IN SECTION
356-19-2.5-1514.
357-(e) (I) T
358-HE WORKING GROUP SHALL CONDUCT A STUDY TO
359-PAGE 8-HOUSE BILL 23-1307 DETERMINE HOW TO IDENTIFY, WHO POSSESSES, AND THE BEST METHOD TO
360-COLLECT AND REPORT
361-, THE FOLLOWING DATA AND INFORMATION RELATED
362-TO JUVENILES WHO ARE DETAINED
363-:
384+19-2.5-1514.6
385+(e) (I) THE WORKING GROUP SHALL CONDUCT A STUDY TO7
386+DETERMINE HOW TO IDENTIFY, WHO POSSESSES, AND THE BEST METHOD TO8
387+COLLECT AND REPORT, THE FOLLOWING DATA AND INFORMATION RELATED9
388+TO JUVENILES WHO ARE DETAINED :10
364389 (A) T
365-HE NUMBER OF COURT ORDERS REQUESTED IN EACH JUDICIAL
366-DISTRICT TO RELEASE A YOUTH WHO COULD NOT OTHERWISE BE RELEASED
367-FROM DETENTION AND THE ORDER WAS REQUESTED SOLELY BECAUSE THE
368-NUMBER OF YOUTH DETAINED IN THE JUDICIAL DISTRICT EXCEEDED THE
369-NUMBER OF JUVENILE DETENTION BEDS ALLOCATED BY THE DIVISION OF
370-YOUTH SERVICES TO THE JUDICIAL DISTRICT
371-;
390+HE NUMBER OF COURT ORDERS REQUESTED
391+IN EACH JUDICIAL11
392+DISTRICT TO RELEASE A YOUTH WHO COULD NOT OTHERWISE BE RELEASED12
393+FROM DETENTION AND THE ORDER WAS REQUESTED SOLELY BECAUSE THE13
394+NUMBER OF YOUTH DETAINED IN THE JUDICIAL DISTRICT EXCEEDED THE14
395+NUMBER OF JUVENILE DETENTION BEDS ALLOCATED BY THE DIVISION OF15
396+YOUTH SERVICES TO THE JUDICIAL DISTRICT;16
372397 (B) T
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-