First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0112.01 Anna Petrini x5497 SENATE BILL 25-043 Senate Committees House Committees Judiciary A BILL FOR AN ACT C ONCERNING YOUTH INVOLVEMENT WITH THE JUSTICE SYSTEM , AND,101 IN CONNECTION THEREWITH , MODIFYING THE REQUIREMENTS102 FOR THE YOUTHFUL OFFENDER SYSTEM , CLARIFYING MATTERS103 RELATED TO DETERMINATIONS OF INCOMPETENCY , AWARDING104 CREDIT FOR CONFINEMENT PRIOR TO SENTENCING , AND105 ESTABLISHING A GRANT PROGRAM TO PROVIDE DEFLECTION106 SERVICES.107 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/ .) SENATE SPONSORSHIP Michaelson Jenet and Amabile, Cutter HOUSE SPONSORSHIP Bradfield and English, 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. Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems. Current law establishes the youthful offender system in the department of corrections as a sentencing option that provides a continuum of services. Section 1 of the bill: ! Revises certain legislative declaration provisions to emphasize lasting behavioral changes in preparation for reentry, accountability, healthy relationship building, and offender and staff safety; ! Adds language related to housing arrangements and equitable treatment for youthful offenders, including youthful offenders with disabilities; ! Adds a requirement for rehabilitative treatment and life skills programming and, in certain cases, for individual and family therapy and substance use disorder treatment; ! Elaborates on clinician evaluations, tailored treatment plans, and client manager requirements for youthful offenders; and ! Imposes an annual reporting requirement beginning in January 2026. Section 2 of the bill applies the standards for determining competency in juvenile delinquency cases to juveniles who have charges directly filed against them in adult court, juveniles whose cases are transferred to adult court, or juveniles subject to concurrent court jurisdiction. Section 3 of the bill permits bridges court liaisons to access juvenile competency evaluations and related information. Current law sets forth procedures for court determinations of a juvenile's competency in juvenile justice proceedings. Section 4 of the bill requires a court to dismiss the case against a juvenile if the court makes a final determination that the juvenile is incompetent to proceed and the juvenile's highest charged act is a class 2 misdemeanor, a petty offense, a drug misdemeanor, or a traffic offense. Under current law, one year after a court finds a juvenile charged with a level 4 drug felony is incompetent to proceed the court shall enter a finding the juvenile is unrestorable to competency and shall determine whether a management plan is necessary for the juvenile. The bill reduces the time from one year to 6 months. The bill imposes certain limitations on a case management plan's contents in cases that involve sexual conduct and addresses court responses when a juvenile or a juvenile's parent or guardian fails to engage with a management plan's ordered services. Section 5 of the bill requires that a person sentenced for a delinquent act committed as a juvenile receive credit for any period of confinement prior to sentencing. SB25-043 -2- Section 6 of the bill creates the deflection and community investment grant program (grant program) in the office of adult and juvenile justice assistance in the division of criminal justice to provide grants to eligible nonprofit and tribal applicants to implement a mixed-delivery system of trauma-informed health and development deflection programs for youth, including Native American youth. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 18-1.3-407, amend2 (1)(a), (1)(b), (3), (3.3)(a), and (3.3)(b); and add (1)(b.5), (3.3)(d)(III),3 and (15) as follows:4 18-1.3-407. Sentences - youthful offenders - powers and duties5 of district court - authorization for youthful offender system - powers6 and duties of department of corrections - youthful offender system7 study - report - legislative declaration - definitions. (1) (a) It is the8 intent of the general assembly that the youthful offender system9 established pursuant to this section shall benefit the state by: Providing10 as a sentencing option for certain youthful offenders a controlled and11 regimented environment that affirms dignity of self and others, promotes12 the value of work and self-discipline, and develops useful skills and13 abilities through enriched programming:14 (I) P ROVIDING AS A SENTENCING OPTION FOR CERTAIN YOUTHFUL15 OFFENDERS A CONTROLLED ENVIRONMENT THAT AFFIRMS DIGNITY OF SELF16 AND OTHERS;17 (II) I NCREASING PUBLIC SAFETY BY PROVIDING REHABILITATIVE18 TREATMENT TO HELP YOUTHFUL OFFENDERS IN THE CARE OF THE19 YOUTHFUL OFFENDER SYSTEM MAKE LASTING BEHAVIORAL CHANGES TO20 PREPARE YOUTH FOR A SUCCESSFUL TRANSITION BACK INTO THE21 COMMUNITY;22 SB25-043-3- (III) PROMOTING THE PHYSICAL SAFETY OF YOUTHFUL OFFENDERS1 AND STAFF WITHIN THE YOUTHFUL OFFENDER SYSTEM ;2 (IV) P ROMOTING A SEAMLESS CONTINUUM OF CARE FROM THE3 TIME OF INCARCERATION TO DISCHARGE, IN WHICH YOUTHFUL OFFENDERS'4 NEEDS ARE MET IN A SAFE , STRUCTURED ENVIRONMENT WITH5 WELL-TRAINED, CARING STAFF WHO HELP YOUTHFUL OFFENDERS IDENTIFY6 AND ADDRESS ISSUES, BE ACCOUNTABLE, AND ACCEPT RESPONSIBILITY FOR7 THE YOUTHFUL OFFENDERS ' ACTIONS;8 (V) E NABLING YOUTHFUL OFFENDERS TO DEVELOP HEALTHY ,9 SUPPORTIVE RELATIONSHIPS WITH PEERS , ADULTS, FAMILY, AND10 NEIGHBORHOOD AND COMMUNITY MEMBERS ; AND11 (VI) P ROVIDING YOUTHFUL OFFENDERS WITH THE TOOLS12 NECESSARY TO BECOME LAW -ABIDING, CONTRIBUTING MEMBERS OF THE13 COMMUNITY UPON THE YOUTH 'S RELEASE.14 (b) It is the further intent of the general assembly in enacting this15 section that female and male offenders YOUTHFUL OFFENDERS ,16 REGARDLESS OF GENDER IDENTITY OR EXPRESSION , who are eligible for17 sentencing to the youthful offender system pursuant to section18 18-1.3-407.5, or section 19-2.5-801 (5), or 19-2.5-802 (1)(d)(I)(B) receive19 equitable treatment in sentencing, particularly in regard to the option of20 being sentenced to the youthful offender system. Accordingly, it is the21 general assembly's intent that the department of corrections take22 necessary measures to establish separate housing BASED ON YOUTHFUL23 OFFENDERS' EXPRESSED GENDER IDENTITY for female and male offenders 24 YOUTHFUL OFFENDERS who are sentenced to the youthful offender system25 without compromising the equitable treatment of either THE YOUTHFUL26 OFFENDERS.27 SB25-043 -4- (b.5) IT IS THE FURTHER INTENT OF THE GENERAL ASSEMBLY IN1 ENACTING THIS SECTION THAT OFFENDERS WITH DISABILITIES WHO ARE2 ELIGIBLE FOR SENTENCING TO THE YOUTHFUL OFFENDER SYSTEM3 PURSUANT TO SECTION 18-1.3-407.5, 19-2.5-801 (5), OR 19-2.5-8024 (1)(d)(I)(B) RECEIVE EQUITABLE TREATMENT IN SENTENCING ,5 PARTICULARLY IN REGARD TO THE OPTION OF BEING SENTENCED TO THE6 YOUTHFUL OFFENDER SYSTEM . THEREFORE, THE GENERAL ASSEMBLY7 DECLARES THAT THE DEPARTMENT OF CORRECTIONS SHALL TAKE8 NECESSARY MEASURES TO ESTABLISH HOUSING AND ACCESS TO SERVICES9 AS NEEDED FOR OFFENDERS WITH DISABILITIES WHO ARE SENTENCED TO10 THE YOUTHFUL OFFENDER SYSTEM WITHOUT COMPROMISING THE11 EQUITABLE TREATMENT OF ANY OFFENDERS .12 (3) The department of corrections shall develop and implement a13 youthful offender system for offenders sentenced in accordance with14 subsection (2) of this section. The youthful offender system shall be IS15 under the direction and control of the executive director of the department16 of corrections. The youthful offender system shall be IS based on the17 following principles:18 (a) The system should provide for teaching YOUTHFUL offenders19 self-discipline by providing clear consequences for DESIGNATED20 inappropriate behavior;21 (a.5) T HE SYSTEM SHOULD PROVIDE FOR REHABILITATIVE22 TREATMENT TO HELP YOUTHFUL OFFENDERS MAKE LASTING BEHAVIORAL23 CHANGES TO PREPARE YOUTH FOR A SUCCESSFUL TRANSITION BACK INTO24 THE COMMUNITY;25 (b) The system should include a daily regimen that involves26 YOUTHFUL offenders in physical training, self-discipline exercises 27 SB25-043 -5- ACTIVITY, educational and work programs, LIFE SKILLS PROGRAMMING,1 and meaningful interaction, with a component for a tiered system for2 swift and strict discipline for noncompliance OF REWARDS FOR TARGET3 BEHAVIOR REDUCTION. THE DAILY REGIMEN MUST BE INDIVIDUALLY4 DETERMINED FOR EACH YOUTHFUL OFFENDER AND TAKE INTO5 CONSIDERATION DISABILITIES AND REASONABLE MODIFICATIONS .6 (b.5) T HE SYSTEM SHOULD PROVIDE YOUTHFUL OFFENDERS WITH7 INDIVIDUALLY TAILORED THERAPY , FAMILY THERAPY, OR SUBSTANCE USE8 DISORDER TREATMENT WHEN REQUESTED BY A YOUTHFUL OFFENDER OR9 INDICATED BY A PREVIOUS BEHAVIORAL HEALTH OR SUBSTANCE USE10 DISORDER EVALUATION;11 (c) The system should use staff models and mentors to promote12 within an offender the A YOUTHFUL OFFENDER'S development of socially13 accepted attitudes and behaviors;14 (d) The system should provide YOUTHFUL offenders with15 instruction on problem-solving skills and should incorporate methods to16 reinforce the use of cognitive behavior strategies that change YOUTHFUL17 offenders' orientation toward criminal thinking and behavior;18 (e) The system should promote among YOUTHFUL offenders the19 creation and development of new TRAUMA-INFORMED group cultures20 which result in a transition to prosocial behavior; and21 (f) The system should provide YOUTHFUL offenders the22 opportunity to gradually reenter the community. while demonstrating the 23 capacity for self-discipline and the attainment of respect for the24 community.25 (3.3) The youthful offender system consists of the following26 components, and the department of corrections has the authority27 SB25-043 -6- described in this subsection (3.3) in connection with the administration1 of the components:2 (a) (I) An intake, diagnostic, and orientation phase DURING WHICH3 THE DEPARTMENT OF CORRECTIONS SHALL FACILITATE AN EVALUATION OF4 EACH YOUTHFUL OFFENDER , CONDUCTED BY A LICENSED MENTAL HEALTH5 CLINICIAN FOR POSSIBLE PHYSICAL, INTELLECTUAL, DEVELOPMENTAL, AND6 MENTAL AND BEHAVIORAL HEALTH NEEDS .7 (II) T HE EVALUATOR SHALL SUBMIT A WRITTEN REPORT TO THE8 DEPARTMENT OF CORRECTIONS DOCUMENTING THE EVALUATOR 'S9 FINDINGS AND TREATMENT RECOMMENDATIONS , AND THE DEPARTMENT10 OF CORRECTIONS SHALL CREATE A TREATMENT PLAN SPECIFICALLY11 TAILORED TO THE INDIVIDUAL NEEDS OF THE YOUTHFUL OFFENDER12 IDENTIFIED IN THE WRITTEN REPORT . THE TREATMENT PLAN MUST13 INCLUDE A PLAN FOR THERAPY , EDUCATION, VOCATIONAL SKILLS, LIFE14 SKILLS, AND REENTRY INTO THE COMMUNITY . THE DEPARTMENT OF15 CORRECTIONS SHALL ASSIGN A CLIENT MANAGER TO THE YOUTHFUL16 OFFENDER WHO SHALL MEET REGULARLY WITH THE YOUTHFUL OFFENDER ,17 MONITOR THE YOUTHFUL OFFENDER 'S TREATMENT PLAN, AND RECORD THE18 YOUTHFUL OFFENDER'S PROGRESS THROUGHOUT THE YOUTHFUL OFFENDER19 SYSTEM PROGRAM.20 (b) (I) Phase I, during which time a range of core programs,21 supplementary activities, and educational and prevocational programs and22 services are provided to YOUTHFUL offenders.23 (II) D URING PHASE I, THE DEPARTMENT OF CORRECTIONS SHALL24 REEVALUATE THE YOUTHFUL OFFENDER ON A MONTHLY BASIS TO ASSESS25 WHETHER THE YOUTHFUL OFFENDER 'S TREATMENT PLAN SHOULD BE26 MODIFIED. THE DEPARTMENT OF CORRECTIONS MUST MODIFY THE27 SB25-043 -7- YOUTHFUL OFFENDER 'S TREATMENT PLAN IF THE DEPARTMENT OF1 CORRECTIONS DETERMINES MODIFICATIONS ARE NECESSARY TO THE2 YOUTHFUL OFFENDER'S SUCCESSFUL REHABILITATION.3 (d) (III) D URING PHASE III, THE YOUTHFUL OFFENDER SHALL4 CONTINUE TO WORK WITH THE YOUTHFUL OFFENDER 'S CASE MANAGER5 ASSIGNED DURING THE INTAKE , DIAGNOSTIC, AND ORIENTATION PHASE6 PURSUANT TO SUBSECTION (3.3)(a) OF THIS SECTION TO MEET THE7 YOUTHFUL OFFENDER'S IDENTIFIED TREATMENT GOALS AND PLAN FOR8 REENTRY INTO THE COMMUNITY .9 (15) N OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), BEGINNING10 IN JANUARY 2026, AND IN JANUARY EVERY YEAR THEREAFTER , THE11 DEPARTMENT OF CORRECTIONS SHALL INCLUDE AS PART OF ITS "SMART12 A CT" HEARING REQUIRED BY SECTION 2-7-203 INFORMATION13 CONCERNING:14 (a) T HE TOTAL NUMBER OF YOUTHFUL OFFENDERS THAT HAVE15 COMPLETED A COMMITMENT TO THE DIVISION OF YOUTH SERVICES ;16 (b) T HE TOTAL NUMBER OF YOUTHFUL OFFENDERS IN EACH17 PROGRAM PHASE UNDER THE YOUTHFUL OFFENDER SYSTEM PURSUANT TO18 SUBSECTION (3.3) OF THIS SECTION; AND19 (c) T HE TOTAL NUMBER OF YOUTHFUL OFFENDERS WHO FAIL TO20 COMPLETE A PROGRAM PHASE UNDER THE YOUTHFUL OFFENDER SYSTEM21 PURSUANT TO SUBSECTION (3.3) OF THIS SECTION DUE TO NEW ADULT22 CHARGES FILED AGAINST THE YOUTHFUL OFFENDER .23 SECTION 2. In Colorado Revised Statutes, 19-2.5-702, amend24 (1) as follows:25 19-2.5-702. Incompetent to proceed - effect - how and when26 raised. (1) This part 7 applies only to proceedings brought pursuant to27 SB25-043 -8- this title 19, INCLUDING CASES DIRECTLY FILED AGAINST A JUVENILE IN1 DISTRICT COURT PURSUANT TO SECTION 19-2.5-801, CASES TRANSFERRED2 TO DISTRICT COURT FOR CRIMINAL PROCEEDINGS PURSUANT TO SECTION3 19-2.5-802, AND CASES THAT ARE SUBJECT TO THE CONCURRENT4 JURISDICTION OF THE CRIMINAL AND JUVENILE COURTS PURSUANT TO5 SECTION 19-2.5-103.6 SECTION 3. In Colorado Revised Statutes, 19-2.5-703.5, amend7 (1) introductory portion as follows:8 19-2.5-703.5. Waiver of privilege - exchange of information -9 admissibility of statements. (1) When the court determines that a10 juvenile is incompetent to proceed, any claim of confidentiality or11 privilege by the juvenile or the juvenile's parent or legal guardian is12 deemed waived within the case to allow the court and parties to determine13 issues related to the juvenile's competency, restoration, and any14 management plan developed by the court pursuant to section 19-2.5-70415 (3). The district attorney, defense attorney, guardian ad litem, the16 department, any competency evaluators, any restoration treatment17 providers, BRIDGES COURT LIAISONS, and the court are granted access,18 without written consent of the juvenile or further order of the court, to:19 SECTION 4. In Colorado Revised Statutes, 19-2.5-704, amend20 (2.5)(a) introductory portion, (2.5)(a)(I), (2.5)(a)(II), (3)(a), and (3)(b);21 and add (2.3), (3)(b.5), and (3)(d) as follows:22 19-2.5-704. Procedure after determination of competency or23 incompetency. (2.3) I F THE COURT MAKES A FINAL DETERMINATION24 PURSUANT TO SECTION 19-2.5-703 THAT THE JUVENILE IS INCOMPETENT25 TO PROCEED AND THE JUVENILE'S HIGHEST CHARGED ACT CONSTITUTES A26 CLASS 2 MISDEMEANOR, A PETTY OFFENSE, A DRUG MISDEMEANOR, OR A27 SB25-043 -9- TRAFFIC OFFENSE, THE COURT SHALL IMMEDIATELY DISMISS THE1 DELINQUENCY PETITION OR CHARGES , AS APPLICABLE, AGAINST THE2 JUVENILE.3 (2.5) (a) If the court finds a juvenile is incompetent to proceed,4 THE JUVENILE'S HIGHEST CHARGED ACT IS NOT INCLUDED IN THE CHARGES5 SPECIFIED IN SUBSECTION (2.3) OF THIS SECTION, and the juvenile has been6 incompetent to proceed for a period of time that exceeds the time limits7 set forth in this subsection (2.5), the court shall enter a finding that the8 juvenile is unrestorable to competency and shall determine whether a9 management plan for the juvenile is necessary pursuant to subsection10 (3)(a) of this section. The time limits are as follows:11 (I) If the highest charged act constitutes a CLASS 1 misdemeanor12 a misdemeanor drug offense, a petty offense, or a traffic offense, OR A13 LEVEL 4 DRUG FELONY and the juvenile is not restored to competency after14 a period of six months, the court shall find the juvenile unrestorable to15 competency;16 (II) If the highest charged act constitutes a class 4, 5, or 6 felony,17 or a level 3 or 4 drug felony, and the juvenile is not restored to18 competency after a period of one year, the court shall find the juvenile19 unrestorable to competency;20 (3) (a) If the court finally determines pursuant to section21 19-2.5-703 or 19-2.5-703.5 that the juvenile is incompetent to proceed22 and cannot be restored to competency in the reasonably foreseeable23 future, the court shall enter an order finding the juvenile unrestorable to24 competency and shall determine whether a CASE management plan for the25 juvenile is necessary, taking into account the public safety and the best26 interests of the juvenile. I F THE COURT DETERMINES A CASE MANAGEMENT27 SB25-043 -10- PLAN IS UNNECESSARY, THE COURT MAY CONTINUE ANY TREATMENT OR1 PLAN ALREADY IN PLACE FOR THE JUVENILE . If the court determines a2 CASE management plan is necessary, the court shall MUST develop the3 CASE management plan after ordering that the juvenile be placed OR4 CONTINUE PLACEMENT in the least-restrictive environment, taking into5 account the public safety and best interests of the juvenile. If the court6 determines a management plan is unnecessary, the court may continue7 any treatment or plan already in place for the juvenile. IN ORDER TO8 DEVELOP AN APPROPRIATE CASE MANAGEMENT PLAN , THE COURT MAY9 ORDER ANY MEMBER OF THE JUVENILE'S PROFESSIONAL TEAM TO CONSULT10 WITH THE JUVENILE, THE JUVENILE'S PARENT OR LEGAL GUARDIAN , OR11 OTHER INDIVIDUALS, INCLUDING THE JUVENILE'S DEFENSE ATTORNEY,12 GUARDIAN AD LITEM, OR TREATMENT PROVIDER, TO DEVELOP A PROPOSED13 MANAGEMENT PLAN TO PRESENT TO THE COURT FOR CONSIDERATION . The14 management plan must, at a minimum, address treatment for the juvenile,15 identify the party or parties responsible for the juvenile, and specify16 appropriate behavior management tools if they THE TOOLS are not17 otherwise part of the juvenile's treatment.18 (b) The management plan may include:19 (I) Placement options included in article 10.5 or 65 of title 27;20 (II) A treatment plan developed by a licensed mental health21 professional;22 (III) An informed supervision model, UPON THE COURT RECEIVING23 EVIDENCE THAT THE UNDERLYING CHARGE IS RATIONALLY RELATED TO24 THE NEED FOR THE USE OF AN INFORMED SUPERVISION MODEL ;25 (IV) Institution of a guardianship petition; or26 (V) Any other remedy deemed appropriate by the court DEEMS27 SB25-043 -11- RATIONALLY RELATED TO MITIGATING COMMUNITY SAFETY CONCERNS .1 (b.5) N OTWITHSTANDING SUBSECTION (3)(b) OF THIS SECTION, THE2 MANAGEMENT PLAN MUST NOT INCLUDE :3 (I) DETENTION OF THE JUVENILE OR COMMITMENT OF THE4 JUVENILE TO THE DIVISION OF YOUTH SERVICES , A COUNTY JAIL,5 COMMUNITY CORRECTIONS , OR THE COLORADO MENTAL HEALTH6 INSTITUTE AT PUEBLO;7 (II) W ORK RELEASE; OR8 (III) A PSYCHOSEXUAL EVALUATION OF THE JUVENILE OR SEX9 OFFENDER MANAGEMENT BOARD TREATMENT REQUIREMENT , UNLESS A10 PSYCHOSEXUAL EVALUATION IS SPECIFICALLY RECOMMENDED BY A11 LICENSED MENTAL HEALTH PROFESSIONAL .12 (d) A NY ENTITY RESPONSIBLE FOR CONNECTING THE JUVENILE TO13 SERVICES, SERVICE COORDINATION, OR CASE MANAGEMENT MAY REPORT14 TO THE COURT ON THE JUVENILE'S OR THE JUVENILE'S PARENT'S OR LEGAL15 GUARDIAN'S ENGAGEMENT IN THE SERVICES ORDERED IN THE16 MANAGEMENT PLAN . IF THE JUVENILE OR THE JUVENILE'S PARENT OR17 LEGAL GUARDIAN DOES NOT ENGAGE IN THE SERVICES ORDERED IN THE18 MANAGEMENT PLAN, THE COURT MAY ALTER THE MANAGEMENT PLAN OR19 TAKE OTHER ACTION AS NECESSARY AND PERMITTED BY LAW , INCLUDING,20 BUT NOT LIMITED TO , REFERRAL TO A LOCAL COLLABORATIVE21 MANAGEMENT PROGRAM , ORDERING A DEPARTMENT OF HUMAN SERVICES22 INVESTIGATION PURSUANT TO SECTION 19-3-501 (1), OR FILING A23 DEPENDENCY AND NEGLECT PETITION PURSUANT TO SECTION 19-3-50124 (2)(b).25 SECTION 5. In Colorado Revised Statutes, add 19-2.5-1103.526 as follows:27 SB25-043 -12- 19-2.5-1103.5. Credit for presentence confinement. A PERSON1 CONFINED FOR AN ALLEGED DELINQUENT ACT PRIOR TO THE IMPOSITION OF2 A SENTENCE FOR AN ADJUDICATED DELINQUENT ACT IS ENTITLED TO3 CREDIT AGAINST THE TERM OF THE PERSON 'S SENTENCE FOR THE ENTIRE4 PERIOD OF THE CONFINEMENT. AT THE TIME OF SENTENCING, THE COURT5 SHALL MAKE A FINDING REGARDING THE AMOUNT OF PRESENTENCE6 CONFINEMENT TO WHICH THE PERSON IS ENTITLED AND SHALL INCLUDE7 THE FINDING IN THE SENTENCING ORDER. THE PERIOD OF CONFINEMENT IS8 DEDUCTED FROM ANY COMMITMENT TO THE DEPARTMENT OF HUMAN9 SERVICES OR CONFINEMENT IN COUNTY JAIL , COMMUNITY CORRECTIONS ,10 OR JUVENILE DETENTION.11 SECTION 6. In Colorado Revised Statutes, add part 28 to article12 33.5 of title 24 as follows:13 PART 2814 DEFLECTION AND COMMUNITY INVESTMENT15 GRANT PROGRAM16 24-33.5-2801. Short title. T HE SHORT TITLE OF THIS PART 28 IS17 THE "DEFLECTION AND COMMUNITY INVESTMENT GRANT PROGRAM18 A CT".19 24-33.5-2802. Definitions. A S USED IN THIS PART 28, UNLESS THE20 CONTEXT OTHERWISE REQUIRES :21 (1) "A REA OF HIGH NEED" MEANS:22 (a) A CITY OR ZIP CODE WITH RATES OF YOUTH ARRESTS THAT ARE23 HIGHER THAN THE SURROUNDING COUNTY AVERAGE , BASED ON24 AVAILABLE ARREST DATA, AS IDENTIFIED BY THE APPLICANT; OR25 (b) A CITY OR ZIP CODE WHERE THERE IS A DISPARITY BETWEEN26 THE RACIAL OR ETHNIC COMPOSITION OF THE ARRESTED YOUTH27 SB25-043 -13- POPULATION AND THE RACIAL OR ETHNIC COMPOSITION OF THE1 SURROUNDING COUNTY POPULATION , AS IDENTIFIED BY THE APPLICANT.2 (2) "D EFLECTION" MEANS AN EXTRAJUDICIAL RESPONSE TO A3 YOUTH'S CONDUCT THAT IS DESIGNED TO PREVENT THE YOUTH 'S FORMAL4 INVOLVEMENT OR FURTHER INVOLVEMENT IN THE JUSTICE SYSTEM .5 (3) "D EFLECTION PROGRAM" MEANS A PROGRAM THAT PROMOTES6 POSITIVE YOUTH DEVELOPMENT BY RELYING ON DEFLECTION AND AIMS TO7 DIVERT YOUTH FROM JUSTICE SYSTEM I NVOLVEMENT AT THE EARLIEST8 POSSIBLE POINT.9 (4) "E LIGIBLE APPLICANT" MEANS AN ELIGIBLE TRIBAL10 GOVERNMENT, TRIBAL ORGANIZATION, OR NONPROFIT COMMUNITY-BASED11 ORGANIZATION THAT MEETS THE REQUIREMENTS OF SECTION12 24-33.5-2805.13 (5) "G RANT PROGRAM" MEANS THE DEFLECTION AND COMMUNITY14 INVESTMENT GRANT PROGRAM CREATED IN SECTION 24-33.5-2803.15 (6) "G RANT RECIPIENT" MEANS AN ELIGIBLE APPLICANT THAT THE16 OFFICE SELECTS TO RECEIVE MONEY THROUGH THE GRANT PROGRAM .17 (7) "M IXED-DELIVERY SYSTEM" MEANS A SYSTEM OF ADOLESCENT18 DEVELOPMENT AND EDUCATION SUPPORT SERVICES DELIVERED THROUGH19 A COMBINATION OF PROGRAMS , PROVIDERS, AND SETTINGS THAT INCLUDE20 PARTNERSHIPS BETWEEN COMMUNITY -BASED NONPROFIT ORGANIZATIONS21 AND PUBLIC AGENCIES AND THAT IS SUPPORTED WITH A COMBINATION OF22 PUBLIC AND PRIVATE FUNDS.23 (8) "N ONPROFIT ORGANIZATION " MEANS A TAX -EXEMPT24 CHARITABLE OR SOCIAL WELFARE ORGANIZATION OPERATING PURSUANT25 TO 26 U.S.C. SEC. 501(c)(3) OR 501(c)(4) OF THE FEDERAL "INTERNAL26 R EVENUE CODE OF 1986", AS AMENDED.27 SB25-043 -14- (9) "OFFICE" MEANS THE OFFICE WITHIN THE DIVISION OF CRIMINAL1 JUSTICE THAT FOCUSES ON ADULT AND JUVENILE JUSTICE ASSISTANCE .2 (10) "R EFERRING AGENCY" MEANS AN ORGANIZATION, AGENCY,3 OR DEPARTMENT THAT REFERS YOUTH TO DEFLECTION PROGRAMS ,4 INCLUDING, BUT NOT LIMITED TO, AN EDUCATION, LAW ENFORCEMENT,5 BEHAVIORAL HEALTH, OR PUBLIC HEALTH ENTITY.6 (11) "T RAUMA-INFORMED" MEANS AN APPROACH THAT INVOLVES7 AN UNDERSTANDING OF ADVERSE CHILDHOOD EXPERIENCES AND THAT8 RESPONDS TO SYMPTOMS OF CHRONIC INTERPERSONAL TRAUMA AND9 TRAUMATIC STRESS ACROSS THE LIFESPAN OF AN INDIVIDUAL .10 (12) "Y OUTH" MEANS A CHILD, AS DEFINED IN SECTION 19-2.5-102,11 WHO IS SUBJECT TO:12 (a) A JUVENILE COURT'S JURISDICTION PURSUANT TO SECTION13 19-2.5-103;14 (b) A COUNTY COURT'S CONCURRENT JURISDICTION PURSUANT TO15 SECTION 19-2.5-103;16 (c) A COUNTY COURT'S JURISDICTION FOR A TRAFFIC OFFENSE; OR17 (d) A MUNICIPAL COURT'S JURISDICTION.18 24-33.5-2803. Deflection and community investment grant19 program - created - policies. (1) T HE DEFLECTION AND COMMUNITY20 INVESTMENT GRANT PROGRAM IS CREATED IN THE OFFICE WITHIN THE21 DIVISION OF CRIMINAL JUSTICE. THE PURPOSE OF THE THREE -YEAR,22 COMPETITIVE GRANT PROGRAM IS TO PROVIDE GRANTS TO ELIGIBLE23 APPLICANTS TO IMPLEMENT A MIXED -DELIVERY SYSTEM OF24 TRAUMA-INFORMED HEALTH AND DEVELOPMENT DEFLECTION PROGRAMS25 FOR YOUTH, INCLUDING NATIVE AMERICAN YOUTH.26 (2) T HE OFFICE SHALL ADMINISTER THE GRANT PROGRAM AND ,27 SB25-043 -15- SUBJECT TO AVAILABLE APPROPRIATIONS , SHALL AWARD GRANTS AS1 PROVIDED IN THIS PART 28.2 (3) T HE DEPARTMENT MAY ADOPT POLICIES FOR THE3 ADMINISTRATION OF THE GRANT PROGRAM .4 24-33.5-2804. Office duties. (1) T HE OFFICE HAS THE FOLLOWING5 DUTIES:6 (a) D EVELOP A COMPETITIVE APPLICATION PROCESS , INCLUDING7 DEADLINES, FOR AN ELIGIBLE APPLICANT TO APPLY FOR A GRANT8 CONSISTENT WITH THE REQUIREMENTS OF SECTION 24-33.5-2805. INITIAL9 GRANT AWARDS MUST BE DISTRIBUTED NO LATER THAN JUNE 30, 2026.10 (b) C ONTRACT WITH A TECHNICAL ASSISTANCE PROVIDER11 PURSUANT TO SECTION 24-33.5-2806 AND A RESEARCH UNIVERSITY12 EVALUATOR PURSUANT TO SECTION 24-33.5-2807; AND13 (c) S UPPORT GRANTEE DATA CO LLECTION AND ANALYSIS AND14 REQUIRE GRANTEES TO DEMONSTRATE OUTCOMES OF THE DEFLECTION15 PROGRAMS THAT RECEIVED A GRANT AWARD .16 24-33.5-2805. Application - eligibility - awards. (1) T O RECEIVE17 A GRANT, AN APPLICANT MUST SUBMIT AN APPLICATION TO THE OFFICE IN18 ACCORDANCE WITH ANY POLICIES ADOPTED BY THE EXECUTIVE DIRECTOR19 OF THE DEPARTMENT. AT A MINIMUM, THE APPLICATION MUST INCLUDE20 THE FOLLOWING INFORMATION :21 (a) T HE TYPES OF DEFLECTION SERVICES THAT WILL BE PROVIDED ;22 (b) V ERIFICATION THAT THE APPLICANT IS SERVING AN AREA OF23 HIGH NEED; AND24 (c) A N OFFICIAL LETTER FROM AT LEAST ONE REFERRING AGENCY25 DEMONSTRATING THE AGENCY 'S INTENT TO REFER YOUTH TO THE26 DEFLECTION PROGRAM TO PROVIDE THE YOUTH WITH TRAUMA -INFORMED27 SB25-043 -16- HEALTH AND DEVELOPMENT SERVICES IN LIEU OF WARNING , CITATION, OR1 ARREST. FOR REGIONAL APPLICATIONS DESCRIBED IN SUBSECTION (2)(c)2 OF THIS SECTION, LETTERS OF INTENT ARE REQUIRED FOR EACH3 JURISDICTION PROPOSED IN THE APPLICATION.4 (2) (a) T O BE ELIGIBLE TO RECEIVE A GRANT, AN APPLICANT MUST5 BE:6 (I) A NONPROFIT ORGANIZATION;7 (II) A FEDERALLY RECOGNIZED INDIAN TRIBE, AS DEFINED IN 258 U.S.C. SEC. 1603 (14);9 (III) A TRIBAL ORGANIZATION, AS DEFINED IN 25 U.S.C. SEC. 160310 (26);11 (IV) A N URBAN INDIAN ORGANIZATION, AS DEFINED IN 25 U.S.C.12 SEC. 1603 (29); OR13 (V) A PRIVATE ENTITY, WHOSE BOARD OF DIRECTORS IS MAJORITY14 CONTROLLED BY NATIVE AMERICANS, AND WHICH IS FISCALLY SPONSORED15 BY A NONPROFIT ORGANIZATION .16 (b) T O BE ELIGIBLE TO RECEIVE A GRANT, AN APPLICANT MUST BE17 A NONGOVERNMENTAL ENTITY , WITH THE EXCEPTION OF A TRIBAL18 GOVERNMENT APPLICANT , AND MUST NOT BE A LAW ENFORCEMENT OR19 PROBATION ENTITY.20 (c) A PPLICANTS FROM TWO OR MORE LOCAL JURISDICTIONS MAY21 JOINTLY APPLY FOR A GRANT AWARD TO DELIVER DEFLECTION PROGRAM22 SERVICES ON A REGIONAL BASIS AND MAY RECEIVE A JOINT GRANT AWARD23 THAT IS THE AGGREGATE OF THE AMOUNT EACH INDIVIDUAL ELIGIBLE24 APPLICANT WOULD HAVE RECEIVED HAD EACH INDIVIDUAL ELIGIBLE25 APPLICANT APPLIED INDEPENDENTLY .26 (3) T HE OFFICE SHALL REVIEW THE APPLICATIONS RECEIVED27 SB25-043 -17- PURSUANT TO THIS SECTION. IN AWARDING GRANTS, THE OFFICE SHALL1 GIVE PRIORITY TO ELIGIBLE APPLICANTS IN COMMUNITIES , INCLUDING2 RURAL COMMUNITIES, THAT:3 (a) D EFLECT YOUTH AT THE EARLIEST POSSIBLE POINT OF JUSTICE4 SYSTEM INVOLVEMENT;5 (b) S ERVE OTHERWISE UNDER-RESOURCED COMMUNITIES ;6 (c) E MPLOY INDIVIDUALS WHO HAVE LIVED EXPERIENCE AS A7 YOUTH IN THE JUSTICE SYSTEM; OR8 (d) D EMONSTRATE EXPERIENCE EFFECTIVELY SERVING YOUTH9 POPULATIONS WHO ARE JUSTICE SYSTEM-INVOLVED OR AT RISK OF SYSTEM10 INVOLVEMENT.11 (4) (a) S UBJECT TO AVAILABLE APPROPRIATIONS , ON OR BEFORE12 J UNE 30 EACH YEAR OF THE GRANT PROGRAM , THE OFFICE SHALL13 DISTRIBUTE GRANTS AS PROVIDED IN THIS SECTION . THE OFFICE SHALL14 AWARD AT LEAST TWO HUNDRED THOUSAND DOLLARS BUT NOT MORE15 THAN ONE MILLION DOLLARS TO AN INDIVIDUAL GRANTEE OVER THE16 COURSE OF THE THREE-YEAR GRANT PROGRAM .17 (b) (I) S UBJECT TO AVAILABLE APPROPRIATIONS , THE OFFICE18 SHALL DISTRIBUTE GRANT AWARDS IN THREE EQUAL ANNUAL19 INSTALLMENTS, AS FOLLOWS:20 (A) T HE FIRST INSTALLMENT MUST BE DISTRIBUTED ON THE FIRST21 DAY OF THE GRANT CONTRACT ;22 (B) T HE SECOND INSTALLMENT MUST BE DISTRIBUTED NO LATER23 THAN THE FIRST DAY OF THE SECOND YEAR OF THE GRANT CONTRACT ; AND24 (C) T HE THIRD INSTALLMENT MUST BE DISTRIBUTED NO LATER25 THAN THE FIRST DAY OF THE THIRD YEAR OF THE GRANT CONTRACT .26 (II) D ISTRIBUTION OF THE SECOND AND THIRD INSTALLMENTS IS27 SB25-043 -18- CONTINGENT ON THE GRANTEE FULFILLING THE GRANT OBLIGATIONS AND1 REPORTING REQUIREMENTS PURSUANT TO SECTION 24-33.5-2807.2 (5) (a) A GRANTEE SHALL USE A GRANT AWARD TO DELIVER3 DEFLECTION PROGRAM SERVICES IN AREAS OF HIGH NEED . A GRANTEE4 SHALL PROVIDE DEFLECTION SERVICES THAT ARE EVIDENCE -BASED OR5 RESEARCH-SUPPORTED, TRAUMA-INFORMED, CULTURALLY RELEVANT ,6 GENDER-RESPONSIVE, AND DEVELOPMENTALLY APPROPRIATE .7 (b) A GRANTEE SHALL DELIVER ONE OR MORE OF THE FOLLOWING8 DEFLECTION PROGRAM SERVICES :9 (I) E DUCATIONAL SERVICES, INCLUDING REMEDIAL AND COLLEGE10 PREPARATORY ACADEMIC SERVICES ;11 (II) C AREER DEVELOPMENT SERVICES , INCLUDING EMPLOYMENT12 PREPARATION, VOCATIONAL TRAINING , INTERNSHIPS, AND13 APPRENTICESHIPS;14 (III) R ESTORATIVE JUSTICE SERVICES, INCLUDING CULTURALLY15 ROOTED PROGRAMMING ;16 (IV) M ENTORING SERVICES, INCLUDING SERVICES THAT RELY ON17 CREDIBLE MESSENGERS WHOSE LIVED EXPERIENCE IS SIMILAR TO THE18 EXPERIENCE OF THE YOUTH BEING SERVED ;19 (V) M ENTAL HEALTH SERVICES, INCLUDING CULTURALLY ROOTED20 HEALING PRACTICES;21 (VI) B EHAVIORAL HEALTH SERVICES, INCLUDING SUBSTANCE USE22 EDUCATION AND TREATMENT ;23 (VII) H OUSING SERVICES, INCLUDING PERMANENT, SHORT-TERM,24 AND EMERGENCY HOUSING SERVICES ;25 (VIII) P ERSONAL DEVELOPMENT AND LEADERSHIP TRAINING26 SERVICES; OR27 SB25-043 -19- (IX) PROSOCIAL ACTIVITIES, INCLUDING CULTURAL ENRICHMENT1 PROGRAMS AND SERVICES.2 24-33.5-2806. Technical assistance provider. (1) T HE OFFICE3 SHALL CONTRACT WITH A TECHNICAL ASSISTANCE PROVIDER TO SUPPORT4 IMPLEMENTATION OF THE GRANT PROGRAM AND TO BUILD GRANTEE5 CAPACITY TO DELIVER DEFLECTION PROGRAM SERVICES . PRIOR TO6 DEVELOPING AND DISSEMINATING GRANT PROGRAM APPLICATION7 MATERIALS, THE OFFICE SHALL SOLICIT AND RECEIVE INPUT FROM THE8 CONTRACTED TECHNICAL ASSISTANCE PROVIDER IN DEVELOPING THE9 GRANT PROGRAM APPLICATION MATERIALS . IN SELECTING A TECHNICAL10 ASSISTANCE PROVIDER, THE OFFICE SHALL PRIORITIZE ORGANIZATIONS11 THAT EMPLOY PEOPLE WHO HAVE LIVED EXPERIENCE AS A YOUTH IN THE12 JUSTICE SYSTEM.13 (2) T HE TECHNICAL ASSISTANCE PROVIDER SHALL DEMONSTRATE14 EXPERIENCE IN ALL THE FOLLOWING AREAS :15 (a) D EVELOPMENTAL RESEARCH AND IDENTIFYING BEST PRACTICES16 FOR SERVING YOUTH INVOLVED IN, AND YOUTH AT RISK OF INVOLVEMENT17 IN, THE JUSTICE SYSTEM, INCLUDING CHILDREN WHO HAVE EXPERIENCED18 COMMERCIAL SEXUAL EXPLOITATION AND YOUTH IN THE DEPENDENCY19 SYSTEM;20 (b) R ESEARCH ON SYSTEMS THAT REFER YOUTH TO THE JUSTICE21 SYSTEM, INCLUDING THE EDUCATION, IMMIGRATION, AND CHILD WELFARE22 SYSTEMS AND RESEARCH ON BEST PRACTICES FOR REFERRALS ;23 (c) P RESENTING AND DISSEMINATING BEST PRACTICES ON24 ALTERNATIVES TO INCARCERATION AND JUSTICE SYSTEM INVOLVEMENT ;25 (d) W ORKING WITH AND SUPPORTING COMMUNITY -BASED26 ORGANIZATIONS SERVING YOUTH INVOLVED IN , AND YOUTH AT RISK OF27 SB25-043 -20- INVOLVEMENT IN, THE JUSTICE SYSTEM IN COLORADO;1 (e) C OLLABORATING WITH JUSTICE SYSTEM STAKEHOLDERS ;2 (f) W ORKING WITH AND SUPPORTING NATIVE AMERICAN3 ORGANIZATIONS AND COMMUNITIES ; AND4 (g) W ORKING WITH JUSTICE SYSTEM -INVOLVED YOUTH AND5 COMMUNITIES AND ELEVATING YOUTH LEADERSHIP .6 (3) T HE TECHNICAL ASSISTANCE PROVIDER SHALL :7 (a) P ROVIDE INPUT TO THE OFFICE REGARDING THE DEVELOPMENT8 OF THE GRANT PROGRAM'S GRANT APPLICATION MATERIALS;9 (b) S UPPORT GRANTEES IN ESTABLISHING AND MAINTAINING10 RELATIONSHIPS WITH JUSTICE SYSTEM AND COMMUNITY STAKEHOLDERS ,11 INCLUDING PUBLIC AGENCIES, TRIBAL GOVERNMENTS AND COMMUNITIES ,12 NONPROFIT ORGANIZATIONS, AND YOUTH AND FAMILIES MOST IMPACTED13 BY THE JUSTICE SYSTEM;14 (c) P ROVIDE GRANTEES WITH TRAINING AND SUPPORT IN15 IMPLEMENTING BEST PRACTICES AND TRAUMA -INFORMED, CULTURALLY16 RELEVANT, GENDER-RESPONSIVE, AND DEVELOPMENTALLY APPROPRIATE17 APPROACHES TO SERVING YOUTH ;18 (d) C REATE PEER LEARNING OPPORTUNITIES FOR GRANTEES TO19 LEARN FROM AND ALONGSIDE ONE ANOTHER ;20 (e) I N COLLABORATION WITH THE RESEARCH UNIVERSITY21 EVALUATOR SELECTED PURSUANT TO SECTION 24-33.5-2807, PROVIDE22 GRANTEES WITH ADMINISTRATIVE AND TECHNICAL SUPPORT TO ENSURE23 COMPLIANCE WITH APPLICABLE DATA REPORTING AND PROGRAM24 EVALUATION REQUIREMENTS , AND WITH APPLICABLE LAWS, INCLUDING25 LAWS AROUND CONFIDENTIALITY AND DEFLECTION ELIGIBILITY ; AND26 (f) P ROVIDE THE RESEARCH UNIVERSITY EVALUATOR SELECTED27 SB25-043 -21- PURSUANT TO SECTION 24-33.5-2807 WITH INPUT REGARDING THE1 DEVELOPMENT OF DEFLECTION PR OGRAM EVALUATION PROCESSES AND2 METRICS.3 24-33.5-2807. Evaluation - reporting requirements. (1) T HE4 OFFICE SHALL CONTRACT WITH A RESEARCH UNIVERSITY TO CONDUCT A5 STATEWIDE EVALUATION OF THE GRANT PROGRAM AND ASSOCIATED6 YOUTH OUTCOMES OVER THE THREE -YEAR GRANT PERIOD. THE OFFICE7 SHALL SOLICIT AND RECEIVE INPUT FROM THE CONTRACTED RESEARCH8 UNIVERSITY EVALUATOR IN DEVELOPING THE GRANT PROGRAM9 APPLICATION MATERIALS. THE RESEARCH UNIVERSITY EVALUATOR MUST10 HAVE A DEMONSTRATED COMMITMENT TO WORKING WITH COMMUNITIES11 IMPACTED BY THE JUSTICE SYSTEM.12 (2) T HE RESEARCH UNIVERSITY EVALUATOR SHALL :13 (a) D EVELOP A COMMON ASSESSMENT INSTRUMENT FOR USE BY14 GRANTEES TO ASSESS THE NEEDS AND OUTCOMES OF YOUTH15 PARTICIPANTS;16 (b) D ESIGN A CENTRAL DATA REPOSITORY TO STANDARDIZE17 GRANTEE DATA COLLECTION AND REPORTING ; AND18 (c) S UPPORT GRANTEES WITH USING THE COMMON ASSESSMENT19 INSTRUMENT AND THE CENTRAL DATA REPOSITORY .20 (3) T HE OFFICE SHALL PROVIDE THE RESEARCH UNIVERSITY21 EVALUATOR WITH RELEVANT , EXISTING DATA FOR THE PURPOSES OF22 MEASURING OUTCOMES . MEASURED OUTCOMES MAY INCLUDE , BUT ARE23 NOT LIMITED TO:24 (a) R EDUCTIONS IN LAW ENFORCEMENT RESPONSES TO YOUTH25 CONDUCT INVOLVING LOW -LEVEL OFFENSES, COURT CASELOADS AND26 PROCESSING COSTS, DAYS YOUTH SPENT IN DETENTION , PLACEMENT OF27 SB25-043 -22- YOUTH IN CONGREGATE CARE , AND SCHOOL AND PLACEMENT1 DISRUPTIONS;2 (b) R EDUCTIONS IN THE NUMBER OF SCHOOL SUSPENSIONS AND3 EXPULSIONS;4 (c) I MPROVEMENTS IN YOUTH HEALTH AND WELL -BEING, HOUSING5 AND COMMUNITY STABILITY , EDUCATIONAL ATTAINMENT , PROSOCIAL6 ACTIVITY, AND CONNECTIONS TO EMPLOYMENT OPPORTUNITIES AND7 MENTORSHIP; AND8 (d) P ROJECTED STATE AND LOCAL COST SAVINGS AS A RESULT OF9 THE DEFLECTION PROGRAMMING .10 (4) T HE OFFICE SHALL MAKE AVAILABLE ON ITS WEBSITE A REPORT11 OF GRANTEES, PROJECTS, AND OUTCOMES AT THE STATE AND LOCAL12 LEVELS WITHIN ONE HUNDRED EIGHTY DAYS OF COMPLETION OF THE13 GRANT PROGRAM.14 (5) N OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), ON OR15 BEFORE DECEMBER 31, 2026, AND EACH DECEMBER 31 THEREAFTER FOR16 THE DURATION OF THE GRANT PROGRAM , THE OFFICE SHALL SUBMIT A17 REPORT TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND18 THE SENATE JUDICIARY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES ,19 ABOUT THE GRANT PROGRAM . AT A MINIMUM, THE REPORT MUST INCLUDE20 THE NUMBER AND AMOUNT OF GRANTS AWARDED SINCE THE LAST REPORT21 AND A SUMMARY OF INFORMATION CONCERNING THE IMPACT OF THE22 MIXED DELIVERY SYSTEM OF DEFLECTION PROGRAMS FOR YOUTH ,23 INCLUDING NATIVE AMERICAN YOUTH.24 24-33.5-2808. No disclosure of participant records. R ECORDS25 RELATED TO THE PARTICIPATION OF A YOUTH OR A YOUTH 'S FAMILY IN THE26 DEFLECTION PROGRAM PURSUANT TO THIS PART 28 ARE NOT SUBJECT TO27 SB25-043 -23- DISCLOSURE TO A PROSECUTING ATTORNEY .1 24-33.5-2809. Funding for grant program. (1) F OR STATE2 FISCAL YEARS 2025-26, 2026-27, AND 2027-28, THE GENERAL ASSEMBLY3 SHALL ANNUALLY APPROPRIATE THREE MILLION THREE HUNDRED4 THIRTY-THREE THOUSAND THREE HUNDRED THIRTY -THREE DOLLARS FROM5 THE GENERAL FUND TO THE DEPARTMENT FOR USE BY THE OFFICE FOR THE6 PURPOSES OF THIS PART 28.7 (2) T HE OFFICE MAY USE UP TO TWENTY -THREE AND ONE-HALF8 PERCENT OF THE MONEY ANNUALLY APPROPRIATED , AS FOLLOWS:9 (a) U P TO THREE PERCENT OF THE MONEY ANNUALLY10 APPROPRIATED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION TO PAY11 FOR THE DIRECT AND INDIRECT COSTS THAT THE OFFICE INCURS TO12 ADMINISTER THE GRANT PROGRAM ;13 (b) U P TO THREE PERCENT OF THE MONEY ANNUALLY14 APPROPRIATED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION TO15 CONTRACT WITH A RESEARCH UNIVERSITY EVALUATOR AND THE OFFICE 'S16 OWN GRANT PROGRAM EVALUATION -RELATED COSTS;17 (c) U P TO SEVEN AND ONE -HALF PERCENT OF THE MONEY18 ANNUALLY APPROPRIATED PURSUANT TO SUBSECTION (1)(a) OF THIS19 SECTION TO CONTRACT WITH A TECHNICAL ASSISTANCE PROVIDER AND20 THE OFFICE'S OWN TECHNICAL ASSISTANCE -RELATED COSTS IN21 CONNECTION WITH THE GRANT PROGRAM ; AND22 (d) U P TO TEN PERCENT OF THE MONEY ANNUALLY APPROPRIATED23 PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION FOR GRANT AWARDS TO24 DEFLECTION PROGRAMS TARGETING NATIVE AMERICAN YOUTH.25 (3) T HE OFFICE MAY USE THE REMAINING MONEY ANNUALLY26 APPROPRIATED FOR THE GRANT PROGRAM FOR GRANT AWARDS TO YOUTH27 SB25-043 -24- DEFLECTION PROGRAMS.1 (4) T HE OFFICE MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS,2 OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF3 THIS PART 28.4 24-33.5-2810. Repeal of part. T HIS PART 28 IS REPEALED,5 EFFECTIVE JANUARY 1, 2031.6 SECTION 7. Act subject to petition - effective date. This act7 takes effect at 12:01 a.m. on the day following the expiration of the8 ninety-day period after final adjournment of the general assembly; except9 that, if a referendum petition is filed pursuant to section 1 (3) of article V10 of the state constitution against this act or an item, section, or part of this11 act within such period, then the act, item, section, or part will not take12 effect unless approved by the people at the general election to be held in13 November 2026 and, in such case, will take effect on the date of the14 official declaration of the vote thereon by the governor.15 SB25-043 -25-