C.R.S. Section 19-2.5-1407.3
Appropriation to the department of human services

  • allocation to judicial districts
  • provider incentives
  • temporary emergency detention beds
  • repeal

(1)

For state fiscal year 2023-24, and for each state fiscal year thereafter, the general assembly shall appropriate three million three hundred forty thousand one hundred nineteen dollars from the general fund to the department for youth who are detained or can be placed in lieu of detention.

(2)

Of the money appropriated pursuant to subsection (1) of this section, the department shall allocate two hundred thousand dollars for use by the division of youth services to support services for youth who are detained or can be placed in lieu of detention. The division may use the money for any of the following:

(a)

Community-based outpatient therapeutic services, including mental and behavioral health services, family therapy services, and substance use treatment and therapy;

(b)

Mentorship services for youth, including ensuring continuity of mentorship services after a youth is released from detention; and

(c)

Supports to assist with moving youth who require out-of-home placement quickly from detention to the out-of-home placement, including, but not limited to:

(I)

Support for a grandparent, kin, or other suitable person for care of a juvenile released to the person’s care;

(II)

Support for foster parents;

(III)

Recruitment of foster parents; and

(IV)

Respite child care.

(3)

Of the money appropriated pursuant to subsection (1) of this section, the department shall use one million seven hundred eighty thousand one hundred thirty-seven dollars to provide incentives and remove barriers for licensed providers to serve youth who may be placed in community residential facilities or family-like settings in lieu of detention. In order to be eligible to receive an incentive or other funding pursuant to this subsection (3), a provider must be licensed to provide or operate any of the following: Temporary shelter, as defined in section 19-1-103; a residential child care facility, as defined in section 26-6-903; a qualified residential treatment program, as defined in section 26-5.4-102; a psychiatric residential treatment facility, as defined in section 25.5-4-103; therapeutic foster care or treatment foster care, as each is defined in section 26-6-903; or a foster care home, as defined in section 26-6-903 (10).

(4)

Intentionally left blank —Ed.

(a)

Of the money appropriated pursuant to subsection (1) of this section, the department shall use one million three hundred fifty-nine thousand nine hundred eighty-two dollars for the provision of temporary emergency detention beds described in subsection (4)(b) of this section.

(b)

Twenty-two temporary emergency detention beds are available statewide. A temporary emergency detention bed does not count toward the limit of juvenile detention beds available pursuant to section 19-2.5-1514. The department shall annually allocate the number of temporary emergency detention beds to each catchment area in the state created pursuant to section 19-2.5-1513. A temporary emergency detention bed may be made available to a judicial district pursuant to a court order issued pursuant to, and subject to the restrictions set forth in, subsection (4)(c) of this section.

(c)

Intentionally left blank —Ed.

(I)

The district attorney of a judicial district or a county department of human or social services may petition the court no later than the next business day after the juvenile is detained to exceed the number of juvenile detention beds allocated to a judicial district pursuant to section 19-2.5-1405 for the period of time before the detention hearing for the juvenile who would utilize the requested temporary emergency detention bed, if:

(A)

When all statutorily available detention beds allocated to the judicial district and any judicial district sharing the same facility are fully utilized, the judicial district is presented with a juvenile who is charged with committing a delinquent act who screens into detention based on the current detention screening instrument;

(B)

Each bed loaned by the judicial district to another judicial district, as described in section 19-2.5-1405 (1)(b), has been relinquished to the loaning judicial district;

(C)

No detention beds are available within the judicial district’s catchment area; and

(D)

There are no available juvenile detention beds in any facility within fifty miles of the initial receiving juvenile detention facility. This subsection (4)(c)(I)(D) does not apply to a petition for a temporary emergency detention bed if: The point of arrest of the juvenile was fifty miles or more from the initial receiving juvenile detention facility; or if the petition is for a juvenile to utilize a bed at the juvenile’s initial receiving facility when the juvenile is returned to the initial receiving facility because the juvenile was utilizing a bed borrowed from another judicial district and the borrowed bed is no longer available for use by the juvenile.

(II)

Upon receipt of a petition to exceed the number of juvenile detention beds allocated to a judicial district filed pursuant to this subsection (4)(c), a court shall issue an order permitting a judicial district to exceed the number of juvenile detention beds allocated to the catchment area up to the number of temporary emergency detention beds allocated to the catchment area by the department if the court specifically finds that the following circumstances exist:

(A)

No detention beds are available in the catchment area;

(B)

There is a legal basis for detaining each juvenile who is detained in the judicial district, which may include for each juvenile screened that the detention screening instrument does not support release because the juvenile presents a substantial risk of serious harm to others or is a flight risk from prosecution;

(C)

Services are not available for any juvenile currently placed in detention in the judicial district that would mitigate the substantial risk of serious harm to others presented by the juvenile or the juvenile’s risk of flight from prosecution; and

(D)

Other forms of community-based supervision for the incoming juvenile are not sufficient to mitigate the substantial risk of serious harm to others presented by the juvenile or the juvenile’s risk of flight from prosecution.

(III)

If a detention bed within the judicial district’s allocation that is under the statewide detention bed cap becomes available, the juvenile utilizing a temporary emergency detention bed shall revert to the nonemergency detention bed and the requirements in this subsection (4) no longer apply. If a detention bed becomes available within the judicial district’s catchment area but at a different facility, the juvenile may, at the discretion of the judicial district, remain in the temporary emergency detention bed in lieu of transferring to the nonemergency detention bed in a different facility.

(IV)

On the fifth business day following the issuance or renewal of each court order issued pursuant to this subsection (4)(c), if the circumstances described in subsection (4)(c)(I) of this section exist and the juvenile remains detained in the temporary emergency detention bed, the person who filed the initial petition pursuant to subsection (4)(c)(I) of this section, or the person’s designee, shall inform the court that the circumstances still exist and the juvenile remains detained in the temporary emergency detention bed. At the time of informing the court, the person shall also provide the court with updated information about the circumstances the court is required to find pursuant to subsection (4)(c)(II) of this section. Upon notification from the person, the court shall hold a hearing to determine whether to renew the order. The court may renew its order for an additional five days if it makes the findings required in subsection (4)(c)(II) of this section for issuance of a court order.

(5)

Intentionally left blank —Ed.

(a)

Access to services and temporary emergency detention beds created or expanded with money appropriated pursuant to this section must be available and accessible to youth beginning no later than December 1, 2023.

(b)

This subsection (5) is repealed, effective June 30, 2024.

Source: Section 19-2.5-1407.3 — Appropriation to the department of human services - allocation to judicial districts - provider incentives - temporary emergency detention beds - repeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-19.­pdf (accessed Oct. 20, 2023).

19‑2.5‑101
Legislative declaration
19‑2.5‑102
Definitions
19‑2.5‑103
Jurisdiction
19‑2.5‑104
Venue
19‑2.5‑105
Representation of petitioner
19‑2.5‑106
Victim’s right to attend dispositional, review, and restitution proceedings
19‑2.5‑107
Parental accountability - legislative intent
19‑2.5‑108
Effect of proceedings - definition
19‑2.5‑109
Saving clause
19‑2.5‑110
Outstanding balances owed by juveniles - report - repeal
19‑2.5‑201
Preliminary investigation
19‑2.5‑202
Consent to search
19‑2.5‑203
Statements - definitions
19‑2.5‑204
Issuance of a lawful warrant taking a juvenile into custody
19‑2.5‑205
Search warrants - issuance - grounds
19‑2.5‑206
Search warrants - application
19‑2.5‑207
Fingerprinting - juvenile under arrest - ordered by court - definition
19‑2.5‑208
Petty tickets - summons - contracts - data
19‑2.5‑209
Taking juvenile into custody
19‑2.5‑301
Legislative declaration
19‑2.5‑302
Local juvenile services planning committee - creation - duties - identification and notification of dually identified crossover youth
19‑2.5‑303
Duty of officer - screening teams - notification - release or detention
19‑2.5‑304
Limitations on detention
19‑2.5‑305
Detention and shelter - hearing - time limits - findings - review - guardian ad litem appointed - confinement with adult offenders - restrictions
19‑2.5‑306
Conditions of release - personal recognizance bond
19‑2.5‑401
Diversion
19‑2.5‑402
Juvenile diversion program - authorized - report - allocation of money - legislative declaration - definitions
19‑2.5‑403
Juvenile diversion cash fund - creation
19‑2.5‑501
Summons - issuance - contents - service - legislative declaration
19‑2.5‑502
Petition initiation - petition form and content
19‑2.5‑503
Aggravated juvenile offender
19‑2.5‑601
Appointment of guardian ad litem
19‑2.5‑602
General procedure for juvenile hearings
19‑2.5‑604
Open hearings
19‑2.5‑605
Advisement - right to counsel - waiver of right to counsel - definition
19‑2.5‑606
Preadjudication service program - creation
19‑2.5‑607
Mandatory protection order
19‑2.5‑608
Fingerprinting - ordered by court - definition
19‑2.5‑609
Preliminary hearing - dispositional hearing
19‑2.5‑610
Right to jury trial
19‑2.5‑611
Contempt - warrant - legislative declaration
19‑2.5‑612
Mental health services for juvenile - how and when issue raised - procedure - definitions
19‑2.5‑613
Advisement of services
19‑2.5‑701
Legislative declaration
19‑2.5‑701.5
Definitions
19‑2.5‑702
Incompetent to proceed - effect - how and when raised
19‑2.5‑703
Determination of incompetency to proceed
19‑2.5‑703.5
Waiver of privilege - exchange of information - admissibility of statements
19‑2.5‑704
Procedure after determination of competency or incompetency
19‑2.5‑705
Restoration to competency hearing
19‑2.5‑706
Procedure after restoration to competency hearing
19‑2.5‑707
Evaluation at the request of the juvenile
19‑2.5‑801
Direct filing - definition
19‑2.5‑802
Transfers
19‑2.5‑901
Informal adjustment
19‑2.5‑902
Entry of plea
19‑2.5‑903
Deferral of adjudication
19‑2.5‑904
Speedy trial - procedural schedule
19‑2.5‑905
Evidentiary considerations
19‑2.5‑906
Admissibility of evidence - legislative declaration - definitions
19‑2.5‑907
Procedures at trial
19‑2.5‑908
Method of jury selection
19‑2.5‑909
Motion for new trial
19‑2.5‑910
Adjudication - collateral relief - application - definitions
19‑2.5‑1001
Short title
19‑2.5‑1002
Definitions
19‑2.5‑1003
Teen court program - supervising courts
19‑2.5‑1004
Procedures - hearings
19‑2.5‑1005
Alternative procedures
19‑2.5‑1101
Presentence investigation
19‑2.5‑1102
Sentencing hearing
19‑2.5‑1103
Sentencing schedule - options
19‑2.5‑1104
Sentencing - restitution by juvenile
19‑2.5‑1105
Sentencing - fines
19‑2.5‑1106
Sentencing - probation - supervised community service or work program
19‑2.5‑1107
Juvenile probation officers - powers and duties
19‑2.5‑1108
Probation - terms - release - revocation - graduated responses system - rules - report - definition
19‑2.5‑1109
Juvenile probation standards - development
19‑2.5‑1110
Sentencing - requirements imposed on parents - definition
19‑2.5‑1111
Sentencing - community accountability program
19‑2.5‑1112
Sentencing - placement with relative
19‑2.5‑1113
Sentencing - alternative services - detention
19‑2.5‑1114
Sentencing - placement based on special needs of the juvenile
19‑2.5‑1115
Sentencing - legal custody - county department of human or social services
19‑2.5‑1116
Orders - community placement - reasonable efforts required - reviews
19‑2.5‑1117
Sentencing - commitment to the department of human services - definitions
19‑2.5‑1118
Sentencing - persons eighteen years of age or older - county jail - community corrections - definitions
19‑2.5‑1118.5
Sentencing - alternative options for pregnant and postpartum juveniles - legislative declaration - definitions
19‑2.5‑1119
Genetic testing of adjudicated offenders - definitions
19‑2.5‑1120
Cost of care
19‑2.5‑1121
Fees for transporting juveniles
19‑2.5‑1122
Sentencing - animal cruelty - anger management treatment
19‑2.5‑1123
Sentencing - mandatory detention - weapons and crimes of violence
19‑2.5‑1125
Petitions - special offenders
19‑2.5‑1126
Sentencing - special offenders
19‑2.5‑1127
Aggravated juvenile offender - definition
19‑2.5‑1201
Juvenile parole board - creation - membership - authority - rules
19‑2.5‑1202
Juvenile parole - organization
19‑2.5‑1203
Juvenile parole - hearing panels - definition
19‑2.5‑1204
Parole officers - powers - duties
19‑2.5‑1205
Administrative law judges
19‑2.5‑1206
Parole violation and revocation
19‑2.5‑1301
Appeals
19‑2.5‑1302
Posttrial bail
19‑2.5‑1401
Responsible agencies
19‑2.5‑1402
Juvenile community review board
19‑2.5‑1404
Working group for criteria for placement of juvenile offenders - establishment of formula - review of criteria - report
19‑2.5‑1405
Working group - allocation of beds
19‑2.5‑1406
Juvenile probation departments or divisions - service agreements
19‑2.5‑1407
Appropriations to department of human services for services to juveniles - definition - repeal
19‑2.5‑1407.3
Appropriation to the department of human services - allocation to judicial districts - provider incentives - temporary emergency detention beds - repeal
19‑2.5‑1408
Victim-offender conferences - pilot program
19‑2.5‑1409
Juvenile intensive supervision program - creation - elements - role of judicial department
19‑2.5‑1410
Community accountability program - legislative declaration - creation
19‑2.5‑1411
Parental responsibility training programs - criteria
19‑2.5‑1412
Youth corrections monetary incentives award program - designated monetary custodian
19‑2.5‑1501
Division of youth services - created - interagency agreements - duties of administrators of facilities in connection with voter registration and casting of ballots - reports - definitions
19‑2.5‑1502
Human services facilities - authority
19‑2.5‑1503
Eminent domain - detention facility site
19‑2.5‑1504
Facility directors - duties
19‑2.5‑1505
Juvenile facility employees - rules
19‑2.5‑1506
Detention center sexual assault prevention program - reports
19‑2.5‑1507
Facilities - control and restraint - liability - duty to pursue runaways
19‑2.5‑1508
Out-of-home placement - runaways - duty to notify
19‑2.5‑1509
Administration or monitoring of medications to persons in juvenile institutional facilities
19‑2.5‑1510
Facility publications
19‑2.5‑1511
Juvenile detention services and facilities to be provided by department of human services - education - expenses - definition
19‑2.5‑1511.5
Policies concerning use of telephones and other communications services by juvenile detention facilities
19‑2.5‑1512
Use of juvenile detention beds
19‑2.5‑1513
Juvenile detention facilities - catchment areas
19‑2.5‑1514
Juvenile detention bed cap
19‑2.5‑1515
Judicial districts - plans for the cap
19‑2.5‑1516
Juvenile detention facilities - behavioral or mental health disorder screening
19‑2.5‑1517
Transfer of detention facilities and equipment
19‑2.5‑1518
Commitment to department of human services
19‑2.5‑1519
Contracts and agreements with public and private agencies
19‑2.5‑1520
Private facilities for juvenile offenders - requests for proposals - rules
19‑2.5‑1522
Juveniles committed to department of human services - emergency release
19‑2.5‑1523
Receiving centers - designation
19‑2.5‑1524
Juveniles - medical benefits application assistance - county of residence - rules
19‑2.5‑1525
Juveniles committed to department of human services - evaluation and placement
19‑2.5‑1526
Facility rules - academic and vocational courses - repeal
19‑2.5‑1527
Lookout Mountain school
19‑2.5‑1528
Mount View school
19‑2.5‑1529
Youth camps
19‑2.5‑1530
Alternate placement
19‑2.5‑1531
Juveniles committed to the department of human services - prohibition against the use of restraints on pregnant juveniles
19‑2.5‑1532
Juveniles committed to department of human services - transfers
Green check means up to date. Up to date

Current through Fall 2024

§ 19-2.5-1407.3’s source at colorado​.gov