House Committee of Reference Report
Committee on Health & Human Services
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April 8, 2025
After consideration on the merits, the Committee recommends the following:
HB25-1146 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. In Colorado Revised Statutes, amend 19-2.5-1405
Page 1, Line 4as follows:
Page 1, Line 519-2.5-1405. Working group - allocation of beds. (1) The
Page 1, Line 6executive director of the department of human services and the state court
Page 1, Line 7administrator in the judicial department, or a designee of such persons
Page 1, Line 8their designees, in consultation with the division of criminal justice of
Page 1, Line 9the department of public safety, the office of state planning and
Page 1, Line 10budgeting, the Colorado district attorneys' council, and law enforcement
Page 1, Line 11representatives, shall form a working group that has the following duties:
Page 1, Line 12(a) To annually allocate the and reallocate, as necessary, a
Page 1, Line 13number of juvenile detention beds to each catchment area in the state
Page 1, Line 14created pursuant to section 19-2.5-1513, based on as limited by the
Page 1, Line 15number of juvenile beds established pursuant to section 19-2.5-1514.
Page 1, Line 16Once the allocation of juvenile detention beds is made to the catchment
Page 1, Line 17areas, the The working group shall may allocate or reallocate any
Page 1, Line 18portion of the detention beds within the allocated to catchment areas
Page 1, Line 19to the judicial districts within each those catchment area areas. Judicial
Page 1, Line 20districts shall not exceed the number of beds allocated to them except for
Page 1, Line 21circumstances provided for in subsection (1)(b) of this section.
Page 1, Line 22(b) To develop a mechanism for judicial districts to
Page 1, Line 23collaboratively use detention beds allocated to catchment
Page 1, Line 24areas but unallocated to judicial districts and a mechanism to
Page 1, Line 25loan detention beds to other judicial districts; in cases of need and
Page 1, Line 26(c) To develop emergency release guidelines that must be used by
Page 1, Line 27each judicial district to prevent placement of a juvenile in a juvenile
Page 1, Line 28detention facility in excess of the total number of juvenile detention
Page 2, Line 1beds allocated to the judicial district; and established pursuant to
Page 2, Line 2section 19-2.5-1514.
Page 2, Line 3(d) To develop juvenile detention placement guidelines for each
Page 2, Line 4judicial district to use in complying with the number of juvenile detention
Page 2, Line 5beds allocated to the judicial district.
Page 2, Line 6SECTION 2. In Colorado Revised Statutes, amend 19-2.5-1515
Page 2, Line 7as follows:
Page 2, Line 819-2.5-1515. Judicial districts - plans for the cap. Each judicial
Page 2, Line 9district shall annually develop a plan to manage the limit on the number
Page 2, Line 10of juvenile detention beds allocated or reallocated to the judicial
Page 2, Line 11district by the working group pursuant to section 19-2.5-1405 (1)(a). The
Page 2, Line 12judicial district shall consider the emergency release guidelines and
Page 2, Line 13placement guidelines developed pursuant to section 19-2.5-1405 in its
Page 2, Line 14annual plan to manage the limit. The annual plan developed by the
Page 2, Line 15judicial district must ensure the judicial district does not exceed the
Page 2, Line 16number of juvenile detention beds allocated to it pursuant to section
Page 2, Line 1719-2.5-1405 beds.
Page 2, Line 18SECTION 3. In Colorado Revised Statutes, 19-2.5-1407.3,
Page 2, Line 19amend (4)(b) and (4)(c) as follows:
Page 2, Line 2019-2.5-1407.3. Appropriation to the department of human
Page 2, Line 21services - allocation to judicial districts - provider incentives -
Page 2, Line 22appropriation. (4) (b) Twenty-two temporary Thirty-nine emergency
Page 2, Line 23detention beds are available statewide. A temporary An emergency
Page 2, Line 24detention bed does not count toward the limit of juvenile detention beds
Page 2, Line 25available pursuant to section 19-2.5-1514. The department shall annually
Page 2, Line 26allocate and reallocate, as necessary, the number of temporary
Page 2, Line 27emergency detention beds to each catchment area in the state created
Page 2, Line 28pursuant to section 19-2.5-1513. A temporary An available emergency
Page 2, Line 29detention bed within a judicial district's catchment area may be
Page 2, Line 30made available to a judicial district pursuant to a court order issued
Page 2, Line 31pursuant to, and subject to the restrictions set forth in, subsection (4)(c)
Page 2, Line 32of this section used by a judicial district in the catchment area if:
Page 2, Line 33(I) The judicial district is presented with a juvenile who
Page 2, Line 34meets the criteria for detention pursuant to sections 19-2.5-303
Page 2, Line 35and 19-2.5-304;
Page 2, Line 36(II) All available detention beds allocated to the judicial
Page 2, Line 37district by the working group pursuant to section 19-2.5-1405 are
Page 2, Line 38fully utilized;
Page 2, Line 39(III) No nonemergency detention beds within the judicial
Page 2, Line 40district's catchment area at the initial receiving juvenile
Page 2, Line 41detention facility are available;
Page 2, Line 42(IV) Each detention bed loaned by the judicial district to
Page 2, Line 43another judicial district, as described in section 19-2.5-1405
Page 3, Line 1(1)(b), has been reverted to the loaning judicial district, unless
Page 3, Line 2doing so would require a juvenile to be transported to another
Page 3, Line 3facility; and
Page 3, Line 4(V) Services that would mitigate the substantial risk of
Page 3, Line 5harm to others that are presented by the juvenile or the
Page 3, Line 6juvenile's risk of flight from prosecution are unavailable for a
Page 3, Line 7juvenile currently placed in detention in the judicial district as
Page 3, Line 8demonstrated in the report pursuant to subsection (4)(c)(IV) of
Page 3, Line 9this section.
Page 3, Line 10(c) (I) The district attorney of a judicial district or a county
Page 3, Line 11department of human or social services may petition the court no later
Page 3, Line 12than the next business day after the juvenile is detained to exceed the
Page 3, Line 13number of juvenile detention beds allocated to a judicial district pursuant
Page 3, Line 14to section 19-2.5-1405 for the period of time before the detention hearing
Page 3, Line 15for the juvenile who would utilize the requested temporary emergency
Page 3, Line 16detention bed, if:
Page 3, Line 17(A) When all statutorily available detention beds allocated to the
Page 3, Line 18judicial district and any judicial district sharing the same facility are fully
Page 3, Line 19utilized, the judicial district is presented with a juvenile who is charged
Page 3, Line 20with committing a delinquent act who screens into detention based on the
Page 3, Line 21current detention screening instrument;
Page 3, Line 22(B) Each bed loaned by the judicial district to another judicial
Page 3, Line 23district, as described in section 19-2.5-1405 (1)(b), has been relinquished
Page 3, Line 24to the loaning judicial district;
Page 3, Line 25(C) No detention beds are available within the judicial district's
Page 3, Line 26catchment area; and
Page 3, Line 27(D) There are no available juvenile detention beds in any facility
Page 3, Line 28within fifty miles of the initial receiving juvenile detention facility. This
Page 3, Line 29subsection (4)(c)(I)(D) does not apply to a petition for a temporary
Page 3, Line 30emergency detention bed if: The point of arrest of the juvenile was fifty
Page 3, Line 31miles or more from the initial receiving juvenile detention facility; or if
Page 3, Line 32the petition is for a juvenile to utilize a bed at the juvenile's initial
Page 3, Line 33receiving facility when the juvenile is returned to the initial receiving
Page 3, Line 34facility because the juvenile was utilizing a bed borrowed from another
Page 3, Line 35judicial district and the borrowed bed is no longer available for use by the
Page 3, Line 36juvenile.
Page 3, Line 37(II) Upon receipt of a petition to exceed the number of juvenile
Page 3, Line 38detention beds allocated to a judicial district filed pursuant to this
Page 3, Line 39subsection (4)(c), a court shall issue an order permitting a judicial district
Page 3, Line 40to exceed the number of juvenile detention beds allocated to the
Page 3, Line 41catchment area up to the number of temporary emergency detention beds
Page 3, Line 42allocated to the catchment area by the department if the court specifically
Page 3, Line 43finds that the following circumstances exist:
Page 4, Line 1(A) No detention beds are available in the catchment area;
Page 4, Line 2(B) There is a legal basis for detaining each juvenile who is
Page 4, Line 3detained in the judicial district, which may include for each juvenile
Page 4, Line 4screened that the detention screening instrument does not support release
Page 4, Line 5because the juvenile presents a substantial risk of serious harm to others
Page 4, Line 6or is a flight risk from prosecution;
Page 4, Line 7(C) Services are not available for any juvenile currently placed in
Page 4, Line 8detention in the judicial district that would mitigate the substantial risk of
Page 4, Line 9serious harm to others presented by the juvenile or the juvenile's risk of
Page 4, Line 10flight from prosecution; and
Page 4, Line 11(D) Other forms of community-based supervision for the
Page 4, Line 12incoming juvenile are not sufficient to mitigate the substantial risk of
Page 4, Line 13serious harm to others presented by the juvenile or the juvenile's risk of
Page 4, Line 14flight from prosecution.
Page 4, Line 15(III) If a detention bed within the judicial district's allocation that
Page 4, Line 16is under the statewide detention bed cap becomes available, the juvenile
Page 4, Line 17utilizing a temporary an emergency detention bed shall revert to the
Page 4, Line 18nonemergency detention bed and the requirements in this subsection (4)
Page 4, Line 19no longer apply. If a detention bed becomes available within the judicial
Page 4, Line 20district's allocation or catchment area but at a different facility, the
Page 4, Line 21juvenile may, at the discretion of the judicial district, remain in the
Page 4, Line 22temporary emergency detention bed in lieu of transferring to the
Page 4, Line 23nonemergency detention bed in a different facility.
Page 4, Line 24(IV) On the fifth business day following the issuance or renewal
Page 4, Line 25of each court order issued pursuant to this subsection (4)(c), if the
Page 4, Line 26circumstances described in subsection (4)(c)(I) of this section exist and
Page 4, Line 27the juvenile remains detained in the temporary emergency detention bed,
Page 4, Line 28the person who filed the initial petition pursuant to subsection (4)(c)(I) of
Page 4, Line 29this section, or the person's designee, shall inform the court that the
Page 4, Line 30circumstances still exist and the juvenile remains detained in the
Page 4, Line 31temporary emergency detention bed. At the time of informing the court,
Page 4, Line 32the person shall also provide the court with updated information about the
Page 4, Line 33circumstances the court is required to find pursuant to subsection
Page 4, Line 34(4)(c)(II) of this section. Upon notification from the person, the court
Page 4, Line 35shall hold a hearing to determine whether to renew the order. The court
Page 4, Line 36may renew its order for an additional five days if it makes the findings
Page 4, Line 37required in subsection (4)(c)(II) of this section for issuance of a court
Page 4, Line 38order. Beginning August 15, 2025, the department shall report on
Page 4, Line 39a monthly basis an aggregated report of the status of all youth
Page 4, Line 40who are in detention and who are awaiting services that would
Page 4, Line 41mitigate the substantial risk of harm to others that are
Page 4, Line 42presented by the juvenile or the juvenile's risk of flight from
Page 4, Line 43prosecution and the number of emergency beds used by each
Page 5, Line 1judicial district or facility.
Page 5, Line 2SECTION 4. In Colorado Revised Statutes, add 19-2.5-1407.5
Page 5, Line 3as follows:
Page 5, Line 419-2.5-1407.5. Juvenile placement survey and cost report -
Page 5, Line 5repeal. (1) On or before July 1, 2027, the division of youth
Page 5, Line 6services shall publish a report concerning available placements
Page 5, Line 7for juveniles who are awaiting mitigating services in the state.
Page 5, Line 8The report must include, at a minimum:
Page 5, Line 9(a) The number of available placements for juveniles who
Page 5, Line 10are awaiting mitigating services, reported for the state as a
Page 5, Line 11whole and for each catchment area;
Page 5, Line 12(b) The number of each type of available placement for
Page 5, Line 13juveniles who are awaiting mitigating services, reported for the
Page 5, Line 14state as a whole and for each catchment area;
Page 5, Line 15(c) Findings concerning challenges experienced in placing
Page 5, Line 16juveniles in each type of placement for juveniles who are
Page 5, Line 17awaiting mitigating services, including information concerning
Page 5, Line 18costs associated with each type of available placement; and
Page 5, Line 19(d) Findings and recommendations for legislation or
Page 5, Line 20policy solutions to alleviate challenges identified pursuant to
Page 5, Line 21completing the report.
Page 5, Line 22(2) The division of youth services shall work with
Page 5, Line 23providers statewide to identify barriers to placing juveniles in
Page 5, Line 24mitigating services and make recommendations to mitigate the
Page 5, Line 25barriers. Directives include examining, at a minimum:
Page 5, Line 26(a) Staffing required to coordinate potential placements;
Page 5, Line 27and
Page 5, Line 28(b) Identifying placement options and negotiation of daily
Page 5, Line 29rates.
Page 5, Line 30(3) On or before July 1, 2027, the division of youth services
Page 5, Line 31shall provide its report to the house of representatives health
Page 5, Line 32and human services committee and the senate health and human
Page 5, Line 33services committee, or their successor committees.
Page 5, Line 34(4) This section is repealed, effective July 1, 2028.
Page 5, Line 35SECTION 5. In Colorado Revised Statutes, add 19-2.5-1408.5
Page 5, Line 36as follows:
Page 5, Line 3719-2.5-1408.5. Body-worn cameras - pilot program - report.
Page 5, Line 38(1) The division of youth services shall establish a pilot
Page 5, Line 39program in one detention facility and one commitment facility
Page 5, Line 40requiring each division of youth services staff member who is
Page 5, Line 41responsible for direct supervision of youth to wear a body-worn
Page 5, Line 42camera while in the facility while interacting with youth. After
Page 5, Line 43the pilot program is established, the division of youth services
Page 6, Line 1shall establish policies and procedures concerning body-worn
Page 6, Line 2cameras, which are subject to review by the division of youth
Page 6, Line 3services' policy review committee. The policies and procedures
Page 6, Line 4must address, at a minimum:
Page 6, Line 5(a) When body-worn cameras must be activated;
Page 6, Line 6(b) The retention of body-worn camera footage; and
Page 6, Line 7(c) Access to body-worn camera footage, which must
Page 6, Line 8ensure appropriate protections of youth privacy, including
Page 6, Line 9compliance with laws and regulations and addresses access by
Page 6, Line 10the office of the child protection ombudsman, youth, and youth's
Page 6, Line 11counsel who have alleged abuse.
Page 6, Line 12(2) In January of 2028, the department of human services
Page 6, Line 13shall make a recommendation regarding whether to continue
Page 6, Line 14and expand or eliminate the pilot program to the house of
Page 6, Line 15representatives health and human services committee and the
Page 6, Line 16senate health and human services committee, or their successor
Page 6, Line 17committees, as part of the "SMART Act" presentation required
Page 6, Line 18pursuant to part 2 of article 7 of title 2.
Page 6, Line 19SECTION 6. In Colorado Revised Statutes, 19-2.5-703.5, amend
Page 6, Line 20(1) introductory portion as follows:
Page 6, Line 2119-2.5-703.5. Waiver of privilege - exchange of information -
Page 6, Line 22admissibility of statements. (1) When the court determines that a
Page 6, Line 23juvenile is incompetent to proceed, any claim of confidentiality or
Page 6, Line 24privilege by the juvenile or the juvenile's parent or legal guardian is
Page 6, Line 25deemed waived within the case to allow the court and parties to determine
Page 6, Line 26issues related to the juvenile's competency, restoration, and any
Page 6, Line 27management plan developed by the court pursuant to section 19-2.5-704
Page 6, Line 28(3). The district attorney, defense attorney, guardian ad litem, the
Page 6, Line 29department, any competency evaluators, any restoration treatment
Page 6, Line 30providers, bridges court liaisons, and the court are granted access,
Page 6, Line 31without written consent of the juvenile or further order of the court, to:
Page 6, Line 32SECTION 7. In Colorado Revised Statutes, 19-2.5-704, amend
Page 6, Line 33(2.5)(a) introductory portion, (2.5)(a)(I), (2.5)(a)(II), (3)(a), and (3)(b);
Page 6, Line 34and add (2.3), (3)(b.5), and (3)(d) as follows:
Page 6, Line 3519-2.5-704. Procedure after determination of competency or
Page 6, Line 36incompetency. (2.3) If the court makes a final determination
Page 6, Line 37pursuant to section 19-2.5-703 that the juvenile is incompetent
Page 6, Line 38to proceed and the juvenile's highest charged act constitutes a
Page 6, Line 39class 2 misdemeanor, a petty offense, a drug misdemeanor, or a
Page 6, Line 40traffic offense, the court shall immediately dismiss the
Page 6, Line 41delinquency petition or charges, as applicable, against the
Page 6, Line 42juvenile.
Page 6, Line 43(2.5) (a) If the court finds a juvenile is incompetent to proceed,
Page 7, Line 1the juvenile's highest charged act is not included in the charges
Page 7, Line 2specified in subsection (2.3) of this section, and the juvenile has been
Page 7, Line 3incompetent to proceed for a period of time that exceeds the time limits
Page 7, Line 4set forth in this subsection (2.5), the court shall enter a finding that the
Page 7, Line 5juvenile is unrestorable to competency and shall determine whether a
Page 7, Line 6management plan for the juvenile is necessary pursuant to subsection
Page 7, Line 7(3)(a) of this section. The time limits are as follows:
Page 7, Line 8(I) If the highest charged act constitutes a class 1 misdemeanor
Page 7, Line 9a misdemeanor drug offense, a petty offense, or a traffic offense, or a
Page 7, Line 10level 4 drug felony and the juvenile is not restored to competency after
Page 7, Line 11a period of six months, the court shall find the juvenile unrestorable to
Page 7, Line 12competency;
Page 7, Line 13(II) If the highest charged act constitutes a class 4, 5, or 6 felony,
Page 7, Line 14or a level 3 or 4 drug felony, and the juvenile is not restored to
Page 7, Line 15competency after a period of one year, the court shall find the juvenile
Page 7, Line 16unrestorable to competency;
Page 7, Line 17(3) (a) If the court finally determines pursuant to section
Page 7, Line 1819-2.5-703 or 19-2.5-703.5 that the juvenile is incompetent to proceed
Page 7, Line 19and cannot be restored to competency in the reasonably foreseeable
Page 7, Line 20future, the court shall enter an order finding the juvenile unrestorable to
Page 7, Line 21competency and shall determine whether a case management plan for the
Page 7, Line 22juvenile is necessary, taking into account the public safety and the best
Page 7, Line 23interests of the juvenile. If the court determines a case management
Page 7, Line 24plan is unnecessary, the court may continue any treatment or
Page 7, Line 25plan already in place for the juvenile. If the court determines a
Page 7, Line 26case management plan is necessary, the court shall must develop the
Page 7, Line 27case management plan after ordering that the juvenile be placed or
Page 7, Line 28continue placement in the least-restrictive environment, taking into
Page 7, Line 29account the public safety and best interests of the juvenile. If the court
Page 7, Line 30determines a management plan is unnecessary, the court may continue
Page 7, Line 31any treatment or plan already in place for the juvenile. In order to
Page 7, Line 32develop an appropriate case management plan, the court may
Page 7, Line 33order any member of the juvenile's professional team to consult
Page 7, Line 34with the juvenile, the juvenile's parent or legal guardian, or
Page 7, Line 35other individuals, including the juvenile's defense attorney,
Page 7, Line 36guardian ad litem, or treatment provider, to develop a proposed
Page 7, Line 37management plan to present to the court for consideration. The
Page 7, Line 38court shall notify any individual, organization, or agency that
Page 7, Line 39is identified as responsible for the juvenile or responsible for
Page 7, Line 40implementation of the management plan. The management plan
Page 7, Line 41must, at a minimum, address treatment for the juvenile, identify the party
Page 7, Line 42or parties responsible for the juvenile, and specify appropriate behavior
Page 7, Line 43management tools if they the tools are not otherwise part of the
Page 8, Line 1juvenile's treatment.
Page 8, Line 2(b) The management plan may include:
Page 8, Line 3(I) Placement options included in article 10.5 or 65 of title 27;
Page 8, Line 4(II) A treatment plan developed by a licensed mental health
Page 8, Line 5professional;
Page 8, Line 6(III) An informed supervision model, upon the court finding
Page 8, Line 7on the record supported by information that the underlying
Page 8, Line 8charge is rationally related to the need for the use of an
Page 8, Line 9informed supervision model;
Page 8, Line 10(IV) Institution of a guardianship petition; or
Page 8, Line 11(V) Any other remedy deemed appropriate by the court deems
Page 8, Line 12rationally related to mitigating community safety concerns.
Page 8, Line 13(b.5) Notwithstanding subsection (3)(b) of this section, the
Page 8, Line 14management plan must not include:
Page 8, Line 15(I) Detention of the juvenile or commitment of the
Page 8, Line 16juvenile to the division of youth services, a county jail,
Page 8, Line 17community corrections, or the Colorado mental health
Page 8, Line 18institute at Pueblo; or
Page 8, Line 19(II) Work release.
Page 8, Line 20(d) Any entity responsible for connecting the juvenile to
Page 8, Line 21services, service coordination, or case management may report
Page 8, Line 22to the court on the juvenile's or the juvenile's parent's or legal
Page 8, Line 23guardian's engagement in the services ordered in the
Page 8, Line 24management plan. If the juvenile or the juvenile's parent or
Page 8, Line 25legal guardian does not engage in the services ordered in the
Page 8, Line 26management plan, the court may alter the management plan or
Page 8, Line 27take other action as necessary and permitted by law, including,
Page 8, Line 28but not limited to, referral to a local collaborative
Page 8, Line 29management program, to the extent that a local collaborative
Page 8, Line 30management program exists and provides case management
Page 8, Line 31services; ordering a department of human services investigation
Page 8, Line 32pursuant to section 19-3-501 (1); or filing a dependency and
Page 8, Line 33neglect petition pursuant to section 19-3-501 (2)(b) if there is
Page 8, Line 34current information that the juvenile has suffered abuse as
Page 8, Line 35defined in section 19-1-103 and the best interests of the juvenile
Page 8, Line 36require that the juvenile is protected from risk of further
Page 8, Line 37abuse.
Page 8, Line 38SECTION 8. In Colorado Revised Statutes, add part 28 to article
Page 8, Line 3933.5 of title 24 as follows:
Page 8, Line 40PART 28
Page 8, Line 41DEFLECTION AND COMMUNITY INVESTMENT
Page 8, Line 42GRANT PROGRAM
Page 8, Line 4324-33.5-2801. Short title. The short title of this part 28 is
Page 9, Line 1the "Deflection and Community Investment Grant Program
Page 9, Line 2Act".
Page 9, Line 324-33.5-2802. Definitions. As used in this part 28, unless the
Page 9, Line 4context otherwise requires:
Page 9, Line 5(1) "Area of high need" means:
Page 9, Line 6(a) A city or zip code with rates of youth arrest or
Page 9, Line 7citation that are higher than the surrounding county average,
Page 9, Line 8based on available data; or
Page 9, Line 9(b) A city or zip code in a rural or urban community where
Page 9, Line 10there is a disparity between the racial or ethnic composition of
Page 9, Line 11the arrested or cited youth population and the racial or ethnic
Page 9, Line 12composition of the surrounding county population.
Page 9, Line 13(2) "Deflection" means an extrajudicial response to a
Page 9, Line 14youth's conduct that is designed to prevent the youth's formal
Page 9, Line 15involvement or further involvement in the justice system.
Page 9, Line 16(3) "Deflection program" means a program that promotes
Page 9, Line 17positive youth development by relying on deflection and aims to
Page 9, Line 18divert youth from justice system involvement at the earliest
Page 9, Line 19possible point.
Page 9, Line 20(4) "Eligible applicant" means an eligible tribal
Page 9, Line 21government, tribal organization, or nonprofit community-based
Page 9, Line 22organization that meets the requirements of section
Page 9, Line 2324-33.5-2805.
Page 9, Line 24(5) "Grant program" means the deflection and community
Page 9, Line 25investment grant program created in section 24-33.5-2803.
Page 9, Line 26(6) "Grant recipient" means an eligible applicant that the
Page 9, Line 27office selects to receive money through the grant program.
Page 9, Line 28(7) "Mixed-delivery system" means a system of adolescent
Page 9, Line 29development and education support services delivered through
Page 9, Line 30a combination of programs, providers, and settings that include
Page 9, Line 31partnerships between community-based nonprofit organizations
Page 9, Line 32and public agencies and that is supported with a combination of
Page 9, Line 33public and private funds.
Page 9, Line 34(8) "Nonprofit organization" means a tax-exempt
Page 9, Line 35charitable or social welfare organization operating pursuant
Page 9, Line 36to 26 U.S.C. sec. 501(c)(3) or 501(c)(4) of the federal "Internal
Page 9, Line 37Revenue Code of 1986".
Page 9, Line 38(9) "Office" means the office within the division of criminal
Page 9, Line 39justice that focuses on adult and juvenile justice assistance.
Page 9, Line 40(10) "Referring agency" means an organization, agency,
Page 9, Line 41or department that refers youth to deflection programs,
Page 9, Line 42including, but not limited to, an education, law enforcement,
Page 9, Line 43behavioral health, or public health entity.
Page 10, Line 1(11) "Trauma-informed" means an approach that involves
Page 10, Line 2an understanding of adverse childhood experiences and that
Page 10, Line 3responds to symptoms of chronic interpersonal trauma and
Page 10, Line 4traumatic stress across the lifespan of an individual.
Page 10, Line 5(12) "Youth" means a child, as defined in section 19-2.5-102,
Page 10, Line 6who is subject to:
Page 10, Line 7(a) A juvenile court's jurisdiction pursuant to section
Page 10, Line 819-2.5-103;
Page 10, Line 9(b) A county court's concurrent jurisdiction pursuant to
Page 10, Line 10section 19-2.5-103;
Page 10, Line 11(c) A county court's jurisdiction for a traffic offense; or
Page 10, Line 12(d) A municipal court's jurisdiction.
Page 10, Line 1324-33.5-2803. Deflection and community investment grant
Page 10, Line 14program - created - policies. (1) The deflection and community
Page 10, Line 15investment grant program is created in the office within the
Page 10, Line 16division of criminal justice. The purpose of the three-year
Page 10, Line 17competitive grant program is to provide grants to eligible
Page 10, Line 18applicants to implement a mixed-delivery system of
Page 10, Line 19trauma-informed health and development deflection programs
Page 10, Line 20for youth, including Native American youth.
Page 10, Line 21(2) The office shall administer the grant program and,
Page 10, Line 22subject to available appropriations, shall award grants as
Page 10, Line 23provided in this part 28.
Page 10, Line 24(3) Subject to public comment from directly impacted
Page 10, Line 25stakeholders, the department may adopt policies for the
Page 10, Line 26administration of the grant program.
Page 10, Line 2724-33.5-2804. Office duties. (1) The office has the following
Page 10, Line 28duties:
Page 10, Line 29(a) Develop a competitive application process, including
Page 10, Line 30deadlines, for an eligible applicant to apply for a grant
Page 10, Line 31consistent with the requirements of section 24-33.5-2805. Initial
Page 10, Line 32grant awards must be distributed no later than June 30, 2026.
Page 10, Line 33(b) Contract with a technical assistance provider
Page 10, Line 34pursuant to section 24-33.5-2806 and a research and evaluation
Page 10, Line 35partner pursuant to section 24-33.5-2807; and
Page 10, Line 36(c) Support grantee data collection and analysis and
Page 10, Line 37require grantees to demonstrate outcomes of the deflection
Page 10, Line 38programs that received a grant award.
Page 10, Line 3924-33.5-2805. Application - eligibility - awards. (1) To receive
Page 10, Line 40a grant, an applicant must submit an application to the office in
Page 10, Line 41accordance with any policies adopted by the executive director
Page 10, Line 42of the department. At a minimum, the application must include
Page 10, Line 43the following information:
Page 11, Line 1(a) The types of deflection services that will be provided;
Page 11, Line 2(b) Verification that the applicant is serving an area of
Page 11, Line 3high need; and
Page 11, Line 4(c) An official letter from at least one referring agency
Page 11, Line 5demonstrating the agency's intent to refer youth to the
Page 11, Line 6deflection program to provide the youth with trauma-informed
Page 11, Line 7health and development services in lieu of warning, citation, or
Page 11, Line 8arrest. For regional applications described in subsection (2)(c)
Page 11, Line 9of this section, letters of intent are required for each
Page 11, Line 10jurisdiction proposed in the application.
Page 11, Line 11(2) (a) To be eligible to receive a grant, an applicant must
Page 11, Line 12be:
Page 11, Line 13(I) A nonprofit organization;
Page 11, Line 14(II) A federally recognized Indian tribe, as defined in 25
Page 11, Line 15U.S.C. sec. 1603 (14);
Page 11, Line 16(III) A tribal organization, as defined in 25 U.S.C. sec. 1603
Page 11, Line 17(26);
Page 11, Line 18(IV) An urban Indian organization, as defined in 25 U.S.C.
Page 11, Line 19sec. 1603 (29); or
Page 11, Line 20(V) A private entity whose board of directors is majority
Page 11, Line 21controlled by Native Americans and that is fiscally sponsored
Page 11, Line 22by a nonprofit organization.
Page 11, Line 23(b) To be eligible to receive a grant, an applicant must be
Page 11, Line 24a nongovernmental entity, with the exception of a tribal
Page 11, Line 25government applicant, and must not be a law enforcement or
Page 11, Line 26probation entity.
Page 11, Line 27(c) Applicants from two or more local jurisdictions may
Page 11, Line 28jointly apply for a grant award to deliver deflection program
Page 11, Line 29services on a regional basis and may receive a joint grant award
Page 11, Line 30that is the aggregate of the amount each individual eligible
Page 11, Line 31applicant would have received had each individual eligible
Page 11, Line 32applicant applied independently.
Page 11, Line 33(3) The office shall review the applications received
Page 11, Line 34pursuant to this section. In awarding grants, the office shall
Page 11, Line 35give priority to eligible applicants in communities, including
Page 11, Line 36rural communities, that:
Page 11, Line 37(a) Deflect youth at the earliest possible point of justice
Page 11, Line 38system involvement;
Page 11, Line 39(b) Serve otherwise under-resourced communities;
Page 11, Line 40(c) Employ individuals who have lived experience as a
Page 11, Line 41youth in the justice system; or
Page 11, Line 42(d) Demonstrate experience effectively serving youth
Page 11, Line 43populations who are justice-system-involved or at risk of system
Page 12, Line 1involvement.
Page 12, Line 2(4) (a) Subject to available appropriations, on or before
Page 12, Line 3June 30 each year of the grant program, the office shall
Page 12, Line 4distribute grants as provided in this section. The office shall
Page 12, Line 5award at least two hundred thousand dollars but not more
Page 12, Line 6than one million dollars to an individual grantee over the
Page 12, Line 7course of the three-year grant program.
Page 12, Line 8(b) (I) Subject to available appropriations, the office
Page 12, Line 9shall distribute grant awards in three equal annual
Page 12, Line 10installments, as follows:
Page 12, Line 11(A) The first installment must be distributed on the first
Page 12, Line 12day of the grant contract;
Page 12, Line 13(B) The second installment must be distributed no later
Page 12, Line 14than the first day of the second year of the grant contract; and
Page 12, Line 15(C) The third installment must be distributed no later
Page 12, Line 16than the first day of the third year of the grant contract.
Page 12, Line 17(II) Distribution of the second and third installments is
Page 12, Line 18contingent on the grantee fulfilling the grant obligations and
Page 12, Line 19reporting requirements pursuant to section 24-33.5-2807.
Page 12, Line 20(5) (a) A grantee shall use a grant award to deliver
Page 12, Line 21deflection program services in areas of high need. A grantee
Page 12, Line 22shall provide deflection services that are evidence-based,
Page 12, Line 23research-supported, or grounded in practice-based evidence;
Page 12, Line 24trauma-informed; culturally relevant; gender-responsive; and
Page 12, Line 25developmentally appropriate.
Page 12, Line 26(b) A grantee shall deliver one or more of the following
Page 12, Line 27deflection program services:
Page 12, Line 28(I) Educational services, including remedial and college
Page 12, Line 29preparatory academic services;
Page 12, Line 30(II) Career development services, including employment
Page 12, Line 31preparation, vocational training, internships, and
Page 12, Line 32apprenticeships;
Page 12, Line 33(III) Restorative justice services, including culturally
Page 12, Line 34rooted programming;
Page 12, Line 35(IV) Mentoring services, including services that rely on
Page 12, Line 36credible messengers whose lived experience is similar to the
Page 12, Line 37experience of the youth being served;
Page 12, Line 38(V) Mental health services, including culturally rooted
Page 12, Line 39healing practices;
Page 12, Line 40(VI) Behavioral health services, including substance use
Page 12, Line 41education and treatment;
Page 12, Line 42(VII) Housing services, including permanent, short-term,
Page 12, Line 43and emergency housing services;
Page 13, Line 1(VIII) Personal development and leadership training
Page 13, Line 2services; or
Page 13, Line 3(IX) Prosocial activities, including cultural enrichment
Page 13, Line 4programs and services.
Page 13, Line 524-33.5-2806. Technical assistance provider. (1) The office
Page 13, Line 6shall contract with a technical assistance provider to support
Page 13, Line 7implementation of the grant program and to build grantee
Page 13, Line 8capacity to deliver deflection program services. Prior to
Page 13, Line 9developing and disseminating grant program application
Page 13, Line 10materials, the office shall solicit and receive input from the
Page 13, Line 11contracted technical assistance provider in developing the
Page 13, Line 12grant program application materials. In selecting a technical
Page 13, Line 13assistance provider, the office shall prioritize organizations
Page 13, Line 14that employ people who have lived experience as a youth in the
Page 13, Line 15justice system.
Page 13, Line 16(2) The technical assistance provider shall demonstrate
Page 13, Line 17experience in all the following areas:
Page 13, Line 18(a) Developmental research and identifying best practices
Page 13, Line 19for serving youth involved in, and youth at risk of involvement
Page 13, Line 20in, the justice system, including children who have experienced
Page 13, Line 21commercial sexual exploitation and youth in the dependency
Page 13, Line 22system;
Page 13, Line 23(b) Research on systems that refer youth to the justice
Page 13, Line 24system, including the education, immigration, and child welfare
Page 13, Line 25systems, and research on best practices for referrals;
Page 13, Line 26(c) Presenting and disseminating best practices on
Page 13, Line 27alternatives to incarceration and justice system involvement;
Page 13, Line 28(d) Working with and supporting community-based
Page 13, Line 29organizations serving youth involved in, and youth at risk of
Page 13, Line 30involvement in, the justice system in Colorado;
Page 13, Line 31(e) Collaborating with justice system stakeholders;
Page 13, Line 32(f) Working with and supporting Native American
Page 13, Line 33organizations and communities; and
Page 13, Line 34(g) Working with justice-system-involved youth and
Page 13, Line 35communities and elevating youth leadership.
Page 13, Line 36(3) The technical assistance provider shall:
Page 13, Line 37(a) Provide input to the office regarding the development
Page 13, Line 38of the grant program's grant application materials;
Page 13, Line 39(b) Support grantees in establishing and maintaining
Page 13, Line 40relationships with justice system and community stakeholders,
Page 13, Line 41including public agencies, tribal governments and communities,
Page 13, Line 42nonprofit organizations, and youth and families most impacted
Page 13, Line 43by the justice system;
Page 14, Line 1(c) Provide grantees with training and support in
Page 14, Line 2implementing best practices and trauma-informed, culturally
Page 14, Line 3relevant, gender-responsive, and developmentally appropriate
Page 14, Line 4approaches to serving youth;
Page 14, Line 5(d) Create peer learning opportunities for grantees to
Page 14, Line 6learn from and alongside one another;
Page 14, Line 7(e) In collaboration with the research and evaluation
Page 14, Line 8partner selected pursuant to section 24-33.5-2807, provide
Page 14, Line 9grantees with administrative and technical support to support
Page 14, Line 10compliance with applicable data reporting and program
Page 14, Line 11evaluation requirements, and with applicable laws, including
Page 14, Line 12laws around confidentiality and deflection eligibility; and
Page 14, Line 13(f) Provide the research and evaluation partner selected
Page 14, Line 14pursuant to section 24-33.5-2807 with input regarding the
Page 14, Line 15development of deflection program evaluation processes and
Page 14, Line 16metrics.
Page 14, Line 1724-33.5-2807. Evaluation - reporting requirements. (1) The
Page 14, Line 18office shall contract with a research and evaluation partner
Page 14, Line 19to conduct a statewide evaluation of the grant program and
Page 14, Line 20associated youth outcomes over the three-year grant period.
Page 14, Line 21The office shall solicit and receive input from the contracted
Page 14, Line 22research and evaluation partner in developing the grant
Page 14, Line 23program application materials. The research and evaluation
Page 14, Line 24partner must have a demonstrated commitment to working with
Page 14, Line 25communities impacted by the justice system.
Page 14, Line 26(2) The research and evaluation partner shall:
Page 14, Line 27(a) Develop a common assessment instrument for use by
Page 14, Line 28grantees to assess the outcomes and impact of services provided
Page 14, Line 29to youth;
Page 14, Line 30(b) Design a central data repository to standardize
Page 14, Line 31grantee data collection and reporting; and
Page 14, Line 32(c) Support grantees with using the common assessment
Page 14, Line 33instrument and the central data repository.
Page 14, Line 34(3) The office shall provide the research and evaluation
Page 14, Line 35partner with relevant, existing data for the purposes of
Page 14, Line 36measuring outcomes. Measured outcomes may include, but are
Page 14, Line 37not limited to:
Page 14, Line 38(a) Reductions in law enforcement responses to youth
Page 14, Line 39conduct involving low-level offenses, court caseloads and
Page 14, Line 40processing costs, days youth spent in detention, placement of
Page 14, Line 41youth in congregate care, and school and placement
Page 14, Line 42disruptions;
Page 14, Line 43(b) Reductions in the number of school suspensions and
Page 15, Line 1expulsions;
Page 15, Line 2(c) Improvements in youth health and well-being, housing
Page 15, Line 3and community stability, educational attainment, prosocial
Page 15, Line 4activity, and connections to employment opportunities and
Page 15, Line 5mentorship; and
Page 15, Line 6(d) Projected state and local cost savings as a result of
Page 15, Line 7the deflection programming.
Page 15, Line 8(4) The office shall make available on its website a report
Page 15, Line 9of grantees, projects, and outcomes at the state and local
Page 15, Line 10levels within one hundred eighty days of completion of the
Page 15, Line 11grant program.
Page 15, Line 12(5) Notwithstanding section 24-1-136 (11)(a)(I), on or
Page 15, Line 13before December 31, 2026, and each December 31 thereafter for
Page 15, Line 14the duration of the grant program, the office shall submit a
Page 15, Line 15report to the house of representatives judiciary committee and
Page 15, Line 16the senate judiciary committee, or their successor committees,
Page 15, Line 17about the grant program. At a minimum, the report must include
Page 15, Line 18the number and amount of grants awarded since the last report
Page 15, Line 19and a summary of information concerning the impact of the
Page 15, Line 20mixed delivery system of deflection programs for youth,
Page 15, Line 21including Native American youth.
Page 15, Line 2224-33.5-2808. No disclosure of participant records. Records
Page 15, Line 23related to the participation of a youth or a youth's family in the
Page 15, Line 24deflection program pursuant to this part 28 are not subject to
Page 15, Line 25disclosure to a prosecuting attorney.
Page 15, Line 2624-33.5-2809. Funding for grant program. (1) The general
Page 15, Line 27assembly shall annually appropriate the necessary funds to the
Page 15, Line 28department for use by the office for the purposes of this part 28.
Page 15, Line 29(2) The office may use up to twenty-three and one-half
Page 15, Line 30percent of the money annually appropriated, as follows:
Page 15, Line 31(a) Up to three percent of the money annually
Page 15, Line 32appropriated pursuant to subsection (1) of this section to pay for
Page 15, Line 33the direct and indirect costs that the office incurs to administer
Page 15, Line 34the grant program;
Page 15, Line 35(b) Up to three percent of the money annually
Page 15, Line 36appropriated pursuant to subsection (1) of this section to
Page 15, Line 37contract with a research and evaluation partner and the
Page 15, Line 38office's own grant program evaluation-related costs;
Page 15, Line 39(c) Up to seven and one-half percent of the money
Page 15, Line 40annually appropriated pursuant to subsection (1) of this section
Page 15, Line 41to contract with a technical assistance provider and the
Page 15, Line 42office's own technical assistance-related costs in connection
Page 15, Line 43with the grant program; and
Page 16, Line 1(d) Up to ten percent of the money annually appropriated
Page 16, Line 2pursuant to subsection (1) of this section for grant awards to
Page 16, Line 3deflection programs targeting Native American youth.
Page 16, Line 4(3) The office may use the remaining money annually
Page 16, Line 5appropriated for the grant program for grant awards to youth
Page 16, Line 6deflection programs.
Page 16, Line 7 (4) The office may seek, accept, and expend gifts, grants,
Page 16, Line 8or donations from private or public sources for the purposes of
Page 16, Line 9this part 28.
Page 16, Line 1024-33.5-2810. Repeal of part. This part 28 is repealed,
Page 16, Line 11effective January 1, 2031.
Page 16, Line 12SECTION 9. Effective date. This act takes effect July 1, 2025.
Page 16, Line 13SECTION 10. Safety clause. The general assembly finds,
Page 16, Line 14determines, and declares that this act is necessary for the immediate
Page 16, Line 15preservation of the public peace, health, or safety or for appropriations for
Page 16, Line 16the support and maintenance of the departments of the state and state
Page 16, Line 17institutions.".
Page 16, Line 18Page 1, line 103, strike "projections," and substitute "projections.".
Page 16, Line 19Page 1, strike lines 104 through 110.