First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0062.02 Jacob Baus x2173
HOUSE BILL 25-1146
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING MEASURES TO ENSURE THAT SUFFICIENT JUVENILE101
DETENTION BEDS ARE AVAILABLE TO ADDRESS JUVENILE CRIME102
IN PROPORTION TO ANNUAL JUVENILE DETENTION PROJECTIONS ,103
AND, IN CONNECTION THEREWITH , SETTING THE JUVENILE104
DETENTION BED CAP AT TWO HUNDRED FIFTY -FOUR JUVENILE105
DETENTION BEDS IN THE 2025-26 STATE FISCAL YEAR; AND IN106
SUBSEQUENT STATE FISCAL YEARS , USING AN AUTOMATIC107
DETERMINATION OF THE NUMBER OF JUVENILE DETENTION BEDS108
THAT REFLECTS THE JUVENILE DETENTION AVERAGE DAILY109
POPULATION PROJECTION .110
Bill Summary
(Note: This summary applies to this bill as introduced and does
HOUSE SPONSORSHIP
Bird and Woog,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
For the 2025-26 state fiscal year, and for each state fiscal year
thereafter, the bill requires the general assembly to appropriate
$1,980,137 from the general fund to the department of human services
(department) for youth who are detained and can be placed in
environments other than detention. Under current law, the department is
required to use $1,359,982 of its annual appropriation for temporary
emergency detention beds for juveniles. The bill repeals this requirement.
Under current law, only 215 juvenile detention beds are allowed
statewide. The bill:
! For the 2025-26 state fiscal year, increases this cap to 254
juvenile detention beds; and
! For the 2026-27 state fiscal year, and each state fiscal year
thereafter, sets the cap at 125% of the juvenile detention
average daily population projection (projection).
The cap excludes juveniles who are in detention for committing a
delinquent act that would constitute a class 1 felony if it were committed
by an adult. The bill requires the division of criminal justice in the
department of public safety to include the projection in an existing report.
The bill requires the general assembly to annually appropriate
$1,359,982, plus any additional amount necessary to fully fund the
projection, to the department for juvenile detention beds.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 19-2.5-1407.3,2
amend (1); and repeal (4) as follows:3
19-2.5-1407.3. Appropriation to the department of human4
services - allocation to judicial districts - provider incentives -5
appropriation. (1) For state fiscal year 2023-24, and for each state fiscal
6
year thereafter, the general assembly shall appropriate three million three7
hundred forty thousand one hundred nineteen dollars from the general8
fund to the department for youth who are detained or can be placed in lieu9
of detention. FOR THE 2025-26 STATE FISCAL YEAR, AND FOR EACH STATE10
HB25-1146-2- FISCAL YEAR THEREAFTER, THE GENERAL ASSEMBLY SHALL APPROPRIATE1
ONE MILLION NINE HUNDRED EIGHTY THOUSAND ONE HUNDRED2
THIRTY-SEVEN DOLLARS FROM THE GENERAL FUND TO THE DEPARTMENT3
FOR YOUTH WHO ARE DETAINED AND CAN BE PLACED IN ENVIRONMENTS4
OTHER THAN JUVENILE DETENTION .5
(4) (a) Of the money appropriated pursuant to subsection (1) of6
this section, the department shall use one million three hundred fifty-nine7
thousand nine hundred eighty-two dollars for the provision of temporary8
emergency detention beds described in subsection (4)(b) of this section.9
(b) Twenty-two temporary emergency detention beds are available10
statewide. A temporary emergency detention bed does not count toward11
the limit of juvenile detention beds available pursuant to section12
19-2.5-1514. The department shall annually allocate the number of13
temporary emergency detention beds to each catchment area in the state14
created pursuant to section 19-2.5-1513. A temporary emergency15
detention bed may be made available to a judicial district pursuant to a16
court order issued pursuant to, and subject to the restrictions set forth in,17
subsection (4)(c) of this section.18
(c) (I) The district attorney of a judicial district or a county19
department of human or social services may petition the court no later20
than the next business day after the juvenile is detained to exceed the21
number of juvenile detention beds allocated to a judicial district pursuant22
to section 19-2.5-1405 for the period of time before the detention hearing23
for the juvenile who would utilize the requested temporary emergency24
detention bed, if:25
(A) When all statutorily available detention beds allocated to the26
judicial district and any judicial district sharing the same facility are fully27
HB25-1146
-3- utilized, the judicial district is presented with a juvenile who is charged1
with committing a delinquent act who screens into detention based on the2
current detention screening instrument;3
(B) Each bed loaned by the judicial district to another judicial4
district, as described in section 19-2.5-1405 (1)(b), has been relinquished5
to the loaning judicial district;6
(C) No detention beds are available within the judicial district's7
catchment area; and8
(D) There are no available juvenile detention beds in any facility9
within fifty miles of the initial receiving juvenile detention facility. This10
subsection (4)(c)(I)(D) does not apply to a petition for a temporary11
emergency detention bed if: The point of arrest of the juvenile was fifty12
miles or more from the initial receiving juvenile detention facility; or if13
the petition is for a juvenile to utilize a bed at the juvenile's initial14
receiving facility when the juvenile is returned to the initial receiving15
facility because the juvenile was utilizing a bed borrowed from another16
judicial district and the borrowed bed is no longer available for use by the17
juvenile.18
(II) Upon receipt of a petition to exceed the number of juvenile19
detention beds allocated to a judicial district filed pursuant to this20
subsection (4)(c), a court shall issue an order permitting a judicial district21
to exceed the number of juvenile detention beds allocated to the22
catchment area up to the number of temporary emergency detention beds23
allocated to the catchment area by the department if the court specifically24
finds that the following circumstances exist:25
(A) No detention beds are available in the catchment area;26
(B) There is a legal basis for detaining each juvenile who is27
HB25-1146
-4- detained in the judicial district, which may include for each juvenile1
screened that the detention screening instrument does not support release2
because the juvenile presents a substantial risk of serious harm to others3
or is a flight risk from prosecution;4
(C) Services are not available for any juvenile currently placed in5
detention in the judicial district that would mitigate the substantial risk of6
serious harm to others presented by the juvenile or the juvenile's risk of7
flight from prosecution; and8
(D) Other forms of community-based supervision for the9
incoming juvenile are not sufficient to mitigate the substantial risk of10
serious harm to others presented by the juvenile or the juvenile's risk of11
flight from prosecution.12
(III) If a detention bed within the judicial district's allocation that13
is under the statewide detention bed cap becomes available, the juvenile14
utilizing a temporary emergency detention bed shall revert to the15
nonemergency detention bed and the requirements in this subsection (4)16
no longer apply. If a detention bed becomes available within the judicial17
district's catchment area but at a different facility, the juvenile may, at the18
discretion of the judicial district, remain in the temporary emergency19
detention bed in lieu of transferring to the nonemergency detention bed20
in a different facility.21
(IV) On the fifth business day following the issuance or renewal22
of each court order issued pursuant to this subsection (4)(c), if the23
circumstances described in subsection (4)(c)(I) of this section exist and24
the juvenile remains detained in the temporary emergency detention bed,25
the person who filed the initial petition pursuant to subsection (4)(c)(I) of26
this section, or the person's designee, shall inform the court that the27
HB25-1146
-5- circumstances still exist and the juvenile remains detained in the1
temporary emergency detention bed. At the time of informing the court,2
the person shall also provide the court with updated information about the3
circumstances the court is required to find pursuant to subsection4
(4)(c)(II) of this section. Upon notification from the person, the court5
shall hold a hearing to determine whether to renew the order. The court6
may renew its order for an additional five days if it makes the findings7
required in subsection (4)(c)(II) of this section for issuance of a court8
order.9
SECTION 2. In Colorado Revised Statutes, amend 19-2.5-151410
as follows:11
19-2.5-1514. Juvenile detention bed cap - appropriation -12
definition. (1) For the fiscal year 2021-22 and each fiscal year thereafter,13
the number of available juvenile detention beds statewide is limited to14
two hundred fifteen. FOR THE 2025-26 STATE FISCAL YEAR, THE NUMBER15
OF AVAILABLE JUVENILE DETENTION BEDS STATEWIDE IS LIMITED TO TWO16
HUNDRED FIFTY-FOUR.17
(2) (a) F
OR THE 2026-27 STATE FISCAL YEAR, AND EACH STATE18
FISCAL YEAR THEREAFTER , THE NUMBER OF AVAILABLE JUVENILE19
DETENTION BEDS STATEWIDE IS LIMITED TO ONE HUNDRED TWENTY -FIVE20
PERCENT OF THE JUVENILE DETENTION AVERAGE DAILY POPULATION21
PROJECTION.22
(b) A
S USED IN THIS SECTION, "JUVENILE DETENTION AVERAGE23
DAILY POPULATION PROJECTION " MEANS THE JUVENILE DETENTION24
AVERAGE DAILY POPULATION PROJECTION FOR THE APPLICABLE STATE25
FISCAL YEAR THAT IS PUBLISHED IN THE DIVISION OF CRIMINAL JUSTICE IN26
THE DEPARTMENT OF PUBLIC SAFETY 'S REPORT TO THE DIRECTOR OF THE27
HB25-1146
-6- LEGISLATIVE COUNCIL PURSUANT TO SECTION 24-33.5-503 (1)(m).1
(3) A
DETENTION BED THAT IS OCCUPIED BY A JUVENILE WHO IS2
HELD IN DETENTION FOR COMMITTI NG A DELINQUENT ACT THAT WOULD3
CONSTITUTE A CLASS 1 FELONY IF IT WERE COMMITTED BY AN ADULT ,4
WHETHER OR NOT THE JUVENILE 'S CASE HAS BEEN DIRECT-FILED OR5
TRANSFERRED TO DISTRICT COURT PURSUANT TO SECTION 19-2.5-801 OR6
19-2.5-802,
DOES NOT COUNT TOWARD THE LIMIT OF JUVENILE DETENTION7
BEDS AVAILABLE PURSUANT TO THIS SECTION .8
(4) F
OR THE 2025-26 STATE FISCAL YEAR, AND FOR EACH STATE9
FISCAL YEAR THEREAFTER, THE GENERAL ASSEMBLY SHALL APPROPRIATE10
TO THE DEPARTMENT OF HUMAN SERVICES FOR THE PROVISION OF11
JUVENILE DETENTION BEDS STATEWIDE , AT A MINIMUM, ONE MILLION12
THREE HUNDRED FIFTY-NINE THOUSAND NINE HUNDRED EIGHTY -TWO13
DOLLARS PLUS THE ADDITIONAL AMOUNT NECESSARY TO FULLY FUND THE14
NUMBER OF AVAILABLE JUVENILE DETENTION BEDS STATEWIDE ,15
INCLUDING BEDS THAT ARE OCCUPIED BY JUVENILES WHO ARE HELD IN16
DETENTION FOR COMMITTING A DELINQUENT ACT THAT WOULD17
CONSTITUTE A CLASS 1 FELONY IF IT WERE COMMITTED BY AN ADULT ,18
WHETHER OR NOT THE JUVENILE 'S CASE HAS BEEN DIRECT-FILED OR19
TRANSFERRED TO DISTRICT COURT PURSUANT TO SECTION 19-2.5-801 OR20
19-2.5-802,
FOR THE APPLICABLE BUDGET YEAR.21
SECTION 3. In Colorado Revised Statutes, 24-33.5-503, amend22
(1)(m) as follows:23
24-33.5-503. Duties of division - definition. (1) The division has24
the following duties:25
(m) (I) To provide information to the director of research of the26
legislative council concerning population projections, research data, and27
HB25-1146
-7- other information relating to the projected long-range needs of1
correctional facilities and juvenile detention facilities and any other2
related data requested by the director.3
(II) B
EGINNING IN THE 2025-26 STATE FISCAL YEAR, AND EACH4
STATE FISCAL YEAR THEREAFTER , THE INFORMATION CONCERNING5
POPULATION PROJECTIONS PROVIDED PURSUANT TO THIS SECTION MUST6
INCLUDE THE JUVENILE DETENTION AVERAGE DAILY POPULATION7
PROJECTION.8
(III) F
OR PURPOSES OF THIS SUBSECTION (1)(m), UNLESS THE9
CONTEXT OTHERWISE REQUIRES , "JUVENILE DETENTION AVERAGE DAILY10
POPULATION PROJECTION" MEANS, FOR THE NEXT STATE FISCAL YEAR, THE11
PROJECTED NUMBER OF CONFINED JUVENILES WHO ARE HELD IN12
DETENTION EACH DAY FOR A YEAR , DIVIDED BY THE NUMBER OF DAYS IN13
THE YEAR.14
(IV) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13615
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS16
SUBSECTION (1)(m) CONTINUES INDEFINITELY.17
SECTION 4. In Colorado Revised Statutes, 19-2.5-1404, amend18
(3)(d)(I); and repeal (3)(d)(II) as follows:19
19-2.5-1404. Working group for criteria for placement of20
juvenile offenders - establishment of formula - review of criteria -21
report. (3) (d) Beginning for state fiscal year 2023-24, and for each22
fiscal year thereafter, the state department shall collect data statewide23
concerning the following:24
(I) The demographic information, including race, ethnicity,25
gender, age, sexual orientation, gender identity, and disability status, to26
the extent the information is available, of the youth in each detention27
HB25-1146
-8- facility who are eligible for release from a detention facility without an1
additional court order if services or a placement are available for the2
youth but who are being held in detention due to lack of available3
services or placement;
AND4
(II) The number of temporary emergency detention beds,
5
described in section 19-2.5-1407.3 (4), used each day in each catchment6
area; and7
SECTION 5. Effective date. This act takes effect July 1, 2025.8
SECTION 6. Safety clause. The general assembly finds,9
determines, and declares that this act is necessary for the immediate10
preservation of the public peace, health, or safety or for appropriations for11
the support and maintenance of the departments of the state and state12
institutions.13
HB25-1146
-9-