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January 10, 2024 SB24-006
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0278
Sen. Rodriguez; Fields
Rep. English; Bradfield
Date:
Bill Status:
Fiscal Analyst:
January 10, 2024
Senate Judiciary
Clayton Mayfield | 303-866-5851
clayton.mayfield@coleg.gov
Bill Topic: PRETRIAL DIVERSION PROGRAMS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill expands eligibility for participation in juvenile and adult diversion programs.
Starting in the current FY 2023-24, the bill may decrease state workload and increase
state and local expenditures.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill, which was recommended by the
Legislative Oversight Committee Concerning Treatment of Persons with Behavioral
Health Disorders in the Criminal and Juvenile Justice Systems.
Summary of Legislation
The bill prohibits juvenile diversion programs from denying services based on an intellectual or
developmental disability, a mental health or behavioral health issue, or a lack of mental capacity.
If a juvenile cannot understand or participate in a diversion program due to behaviors or
symptoms, programs must consider all available alternatives, including referral to the
Department of Human Services (CDHS) or a collaborative management program (CMP).
Behavioral health services and services for juveniles with developmental disability are added to
the definition of “services” for the purpose of juvenile diversion programs.
Finally, the bill allows criminal defendants that raise competency issues, or are found
incompetent to proceed, to enter into a diversion program with court approval.
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January 10, 2024 SB24-006
Background
The juvenile diversion program is administered by the Division of Criminal Justice (DCJ) within
the Department of Public Safety (CDPS). Each year, district attorneys may accept or decline
funding from the DCJ, or waive funding to a designated entity. More information on the juvenile
diversion program can be found on the DCJ website.
Adult diversion programs are administered by district attorney offices, which may receive
funding from the Judicial Department. More information on the adult diversion program can be
found on the Judicial Department website.
State Expenditures
Beginning in the current FY 2023-24, the bill may reduce workload in the trial courts, both increase
and decrease costs in CDHS, and increase costs in CDPS. Overall, these impacts are anticipated to
be minimal and no change in appropriations is required for these agencies.
Judicial Department. The bill may reduce workload in the trial courts by increasing the number
of cases referred to juvenile and adult diversion programs thereby decreasing the number of
cases handled by trial courts.
Department of Human Services. To the extent additional juveniles are referred to CMPs, costs
in the CDHS may increase to provide additional funds to the CMPs to provide services. To the
extent that the bill results in more cases to diversion instead of placements within the Division of
Youth Services, costs may decrease.
Department of Public Safety. The bill may increase demand for juvenile diversion program
services at the local level, which may increase demand for funding from the DCJ. If additional
funding proves necessary in the future, it will be addressed through the annual budget process.
Local Government
Beginning in the current FY 2023-24, costs to local government agencies may increase. Similar to
the state, impacts are assumed to be minimal.
District attorneys. To the extent that the bill increases eligibility for juvenile or adult diversion
programs, costs will increase for district attorney offices to staff these programs. Many diversion
programs already accept individuals identified in the bill.
County departments of human services. To the extent more juveniles are referred to county
department of human services to receive services, including CMPs, workload and expenditures
for those counties will increase. CMPs are administered by county departments of human
services in partnership with other local, state, and private service providers.
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January 10, 2024 SB24-006
Technical Note
The bill currently includes a provision that references a referral to the CDHS when a juvenile is
unable to participate in diversion programs. The CDHS does not directly provide services, but
would refer such cases to county human services offices.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his
signature.
State and Local Government Contacts
District Attorneys Human Services Judicial
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each fiscal
year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.