BY REPRESENTATIVE(S) Bird and Woog, Caldwell, Clifford, Keltie, Lindstedt, Phillips, McCluskie, Bradley, Garcia Sander;
also SENATOR(S) Kirkmeyer and Amabile, Bridges, Bright, Catlin, Cutter, Daugherty, Exum, Frizell, Gonzales J., Jodeh, Kipp, Michaelson Jenet, Mullica, Pelton B., Pelton R., Roberts, Snyder, Wallace, Weissman, Coleman.
Concerning measures to ensure that sufficient juvenile detention beds are available to address juvenile crime in proportion to annual juvenile detention projections, and, in connection therewith, making an appropriation.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, amend 19-2.5-1405 as follows:
19-2.5-1405. Working group - allocation of beds. (1) The executive director of the department of human services and the state court administrator in the judicial department, or a designee of such personstheir designees, in consultation with the division of criminal justice of the department of public safety, the office of state planning and budgeting, the Colorado district attorneys' council, and law enforcement representatives, shall form a working group that has the following duties:
(a) To annually allocate theand reallocate, as necessary, a number of juvenile detention beds to each catchment area in the state created pursuant to section 19-2.5-1513, based onas limited by the number of juvenile beds established pursuant to section 19-2.5-1514. Once the allocation of juvenile detention beds is made to the catchment areas, theThe working group shallmay allocate or reallocate any portion of the detention beds within theallocated to catchment areas to the judicial districts within eachthose catchment areaareas. Judicial districts shall not exceed the number of beds allocated to them except for circumstances provided for in subsection (1)(b) of this section.
(b) To develop a mechanism for judicial districts to collaboratively use detention beds allocated to catchment areas but unallocated to judicial districts and a mechanism to loan detention beds to other judicial districts; in cases of needand
(c) To develop emergency release guidelines that must be used by each judicial district to prevent placement of a juvenile in a juvenile detention facility in excess of the total number of juvenile detention beds allocated to the judicial district; andestablished pursuant to section 19-2.5-1514.
(d) To develop juvenile detention placement guidelines for each judicial district to use in complying with the number of juvenile detention beds allocated to the judicial district.
SECTION 2. In Colorado Revised Statutes, amend 19-2.5-1515 as follows:
19-2.5-1515. Judicial districts - plans for the cap. Each judicial district shall annually develop a plan to manage the limit on the number of juvenile detention beds allocated or reallocated to the judicial district by the working group pursuant to section 19-2.5-1405 (1)(a). The judicial district shall consider the emergency release guidelines and placement guidelines developed pursuant to section 19-2.5-1405 in its annual plan to manage the limit. The annual plan developed by the judicial district must ensure the judicial district does not exceed the number of juvenile detention beds allocated to it pursuant to section 19-2.5-1405beds.
SECTION 3. In Colorado Revised Statutes, 19-2.5-1407.3, amend (4)(b) and (4)(c) as follows:
19-2.5-1407.3. Appropriation to the department of human services - allocation to judicial districts - provider incentives - appropriation. (4) (b) Twenty-two temporaryThirty-nine emergency detention beds are available statewide. A temporaryAn 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 and reallocate, as necessary, the number of temporary emergency detention beds to each catchment area in the state created pursuant to section 19-2.5-1513. A temporaryAn available emergency detention bed within a judicial district's catchment area 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 sectionused by a judicial district in the catchment area if:
(I) The judicial district is presented with a juvenile who meets the criteria for detention pursuant to sections 19-2.5-303 and 19-2.5-304;
(II) All available detention beds allocated to the judicial district by the working group pursuant to section 19-2.5-1405 are fully utilized;
(III) No nonemergency detention beds within the judicial district's catchment area at the initial receiving juvenile detention facility are available;
(IV) Each detention bed loaned by the judicial district to another judicial district, as described in section 19-2.5-1405 (1)(b), has been reverted to the loaning judicial district, unless doing so would require a juvenile to be transported to another facility; and
(V) Services that would mitigate the substantial risk of harm to others that are presented by the juvenile or the juvenile's risk of flight from prosecution are unavailable for a juvenile currently placed in detention in the judicial district as demonstrated in the report pursuant to subsection (4)(c)(IV) of this section.
(c) (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 temporaryan 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 allocation or 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.Beginning August 15, 2025, the department shall report on a monthly basis an aggregated report of the status of all youth who are in detention and who are awaiting services that would mitigate the substantial risk of harm to others that are presented by the juvenile or the juvenile's risk of flight from prosecution and the number of emergency beds used by each judicial district or facility.
SECTION 4. In Colorado Revised Statutes, add 19-2.5-1407.5 as follows:
19-2.5-1407.5. Juvenile placement survey and cost report - repeal. (1) On or before July 1, 2027, the division of youth services shall publish a report concerning available placements for juveniles who are awaiting mitigating services in the state. The report must include, at a minimum:
(a) The number of available placements for juveniles who are awaiting mitigating services, reported for the state as a whole and for each catchment area;
(b) The number of each type of available placement for juveniles who are awaiting mitigating services, reported for the state as a whole and for each catchment area;
(c) Findings concerning challenges experienced in placing juveniles in each type of placement for juveniles who are awaiting mitigating services, including information concerning costs associated with each type of available placement; and
(d) Findings and recommendations for legislation or policy solutions to alleviate challenges identified pursuant to completing the report.
(2) The division of youth services shall work with providers statewide to identify barriers to placing juveniles in mitigating services and make recommendations to mitigate the barriers. Directives include examining, at a minimum:
(a) Staffing required to coordinate potential placements; and
(b) Identifying placement options and negotiation of daily rates.
(3) On or before July 1, 2027, the division of youth services shall provide its report to the house of representatives health and human services committee and the senate health and human services committee, or their successor committees.
(4) This section is repealed, effective July 1, 2028.
SECTION 5. In Colorado Revised Statutes, add 19-2.5-1408.5 as follows:
19-2.5-1408.5. Body-worn cameras - pilot program - report. (1) The division of youth services shall establish a pilot program in one detention facility and one commitment facility requiring each division of youth services staff member who is responsible for direct supervision of youth to wear a body-worn camera while in the facility while interacting with youth. After the pilot program is established, the division of youth services shall establish policies and procedures concerning body-worn cameras, which are subject to review by the division of youth services' policy review committee. The policies and procedures must address, at a minimum:
(a) When body-worn cameras must be activated;
(b) The retention of body-worn camera footage; and
(c) Access to body-worn camera footage, which must ensure appropriate protections of youth privacy, including compliance with laws and regulations and addresses access by the office of the child protection ombudsman, youth, and youth's counsel who have alleged abuse.
(2) In January of 2028, the department of human services shall make a recommendation regarding whether to continue and expand or eliminate the pilot program to the house of representatives health and human services committee and the senate health and human services committee, or their successor committees, as part of the "SMART Act" presentation required pursuant to part 2 of article 7 of title 2.
SECTION 6. In Colorado Revised Statutes, 19-2.5-703.5, amend (1) introductory portion as follows:
19-2.5-703.5. Waiver of privilege - exchange of information - admissibility of statements. (1) When the court determines that a juvenile is incompetent to proceed, any claim of confidentiality or privilege by the juvenile or the juvenile's parent or legal guardian is deemed waived within the case to allow the court and parties to determine issues related to the juvenile's competency, restoration, and any management plan developed by the court pursuant to section 19-2.5-704 (3). The district attorney, defense attorney, guardian ad litem, the department, any competency evaluators, any restoration treatment providers, bridges court liaisons, and the court are granted access, without written consent of the juvenile or further order of the court, to:
SECTION 7. In Colorado Revised Statutes, 19-2.5-704, amend (2.5)(a) introductory portion, (2.5)(a)(I), (2.5)(a)(II), (3)(a), and (3)(b); and add (2.3), (3)(b.5), and (3)(d) as follows:
19-2.5-704. Procedure after determination of competency or incompetency. (2.3) If the court makes a final determination pursuant to section 19-2.5-703 that the juvenile is incompetent to proceed and the juvenile's highest charged act constitutes a class 2 misdemeanor, a petty offense, a drug misdemeanor, or a traffic offense, the court shall immediately dismiss the delinquency petition or charges, as applicable, against the juvenile.
(2.5) (a) If the court finds a juvenile is incompetent to proceed, the juvenile's highest charged act is not included in the charges specified in subsection (2.3) of this section, and the juvenile has been incompetent to proceed for a period of time that exceeds the time limits set forth in this subsection (2.5), the court shall enter a finding that the juvenile is unrestorable to competency and shall determine whether a management plan for the juvenile is necessary pursuant to subsection (3)(a) of this section. The time limits are as follows:
(I) If the highest charged act constitutes a class 1 misdemeanor a misdemeanor drug offense, a petty offense, or a traffic offense,or a level 4 drug felony and the juvenile is not restored to competency after a period of six months, the court shall find the juvenile unrestorable to competency;
(II) If the highest charged act constitutes a class 4, 5, or 6 felony, or a level 3 or 4 drug felony, and the juvenile is not restored to competency after a period of one year, the court shall find the juvenile unrestorable to competency;
(3) (a) If the court finally determines pursuant to section 19-2.5-703 or 19-2.5-703.5 that the juvenile is incompetent to proceed and cannot be restored to competency in the reasonably foreseeable future, the court shall enter an order finding the juvenile unrestorable to competency and shall determine whether a case management plan for the juvenile is necessary, taking into account the public safety and the best interests of the juvenile. If the court determines a case management plan is unnecessary, the court may continue any treatment or plan already in place for the juvenile. If the court determines a case management plan is necessary, the court shallmust develop the case management plan after ordering that the juvenile be placed or continue placement in the least-restrictive environment, taking into account the public safety and best interests of the juvenile. If the court determines a management plan is unnecessary, the court may continue any treatment or plan already in place for the juvenile.In order to develop an appropriate case management plan, the court may order any member of the juvenile's professional team to consult with the juvenile, the juvenile's parent or legal guardian, or other individuals, including the juvenile's defense attorney, guardian ad litem, or treatment provider, to develop a proposed management plan to present to the court for consideration. The court shall notify any individual, organization, or agency that is identified as responsible for the juvenile or responsible for implementation of the management plan. The management plan must, at a minimum, address treatment for the juvenile, identify the party or parties responsible for the juvenile, and specify appropriate behavior management tools if theythe tools are not otherwise part of the juvenile's treatment.
(b) The management plan may include:
(I) Placement options included in article 10.5 or 65 of title 27;
(II) A treatment plan developed by a licensed mental health professional;
(III) An informed supervision model, upon the court finding on the record supported by information that the underlying charge is rationally related to the need for the use of an informed supervision model;
(IV) Institution of a guardianship petition; or
(V) Any other remedy deemed appropriate by the court deems rationally related to mitigating community safety concerns.
(b.5) Notwithstanding subsection (3)(b) of this section, the management plan must not include:
(I) Detention of the juvenile or commitment of the juvenile to the division of youth services, a county jail, community corrections, or the Colorado mental health institute at Pueblo; or
(II) Work release.
(d) Any entity responsible for connecting the juvenile to services, service coordination, or case management may report to the court on the juvenile's or the juvenile's parent's or legal guardian's engagement in the services ordered in the management plan. If the juvenile or the juvenile's parent or legal guardian does not engage in the services ordered in the management plan, the court may alter the management plan or take other action as necessary and permitted by law, including, but not limited to, referral to a local collaborative management program, to the extent that a local collaborative management program exists and provides case management services; ordering a department of human services investigation pursuant to section 19-3-501 (1); or filing a dependency and neglect petition pursuant to section 19-3-501 (2)(b) if there is current information that the juvenile has suffered abuse as defined in section 19-1-103 and the best interests of the juvenile require that the juvenile is protected from risk of further abuse.
SECTION 8. In Colorado Revised Statutes, add part 28 to article 33.5 of title 24 as follows:
PART 28
DEFLECTION AND COMMUNITY INVESTMENT
GRANT PROGRAM
24-33.5-2801. Short title.The short title of this part 28 is the "Deflection and Community Investment Grant Program Act".
24-33.5-2802. Definitions.As used in this part 28, unless the context otherwise requires:
(1) "Area of high need" means:
(a) A city or zip code with rates of youth arrest or citation that are higher than the surrounding county average, based on available data; or
(b) A city or zip code in a rural or urban community where there is a disparity between the racial or ethnic composition of the arrested or cited youth population and the racial or ethnic composition of the surrounding county population.
(2) "Deflection" means an extrajudicial response to a youth's conduct that is designed to prevent the youth's formal involvement or further involvement in the justice system.
(3) "Deflection program" means a program that promotes positive youth development by relying on deflection and aims to divert youth from justice system involvement at the earliest possible point.
(4) "Eligible applicant" means an eligible tribal government, tribal organization, or nonprofit community-based organization that meets the requirements of section 24-33.5-2805.
(5) "Grant program" means the deflection and community investment grant program created in section 24-33.5-2803.
(6) "Grant recipient" means an eligible applicant that the office selects to receive money through the grant program.
(7) "Mixed-delivery system" means a system of adolescent development and education support services delivered through a combination of programs, providers, and settings that include partnerships between community-based nonprofit organizations and public agencies and that is supported with a combination of public and private funds.
(8) "Nonprofit organization" means a tax-exempt charitable or social welfare organization operating pursuant to 26 U.S.C. sec. 501(c)(3) or 501(c)(4) of the federal "Internal Revenue Code of 1986".
(9) "Office" means the office within the division of criminal justice that focuses on adult and juvenile justice assistance.
(10) "Referring agency" means an organization, agency, or department that refers youth to deflection programs, including, but not limited to, an education, law enforcement, behavioral health, or public health entity.
(11) "Trauma-informed" means an approach that involves an understanding of adverse childhood experiences and that responds to symptoms of chronic interpersonal trauma and traumatic stress across the lifespan of an individual.
(12) "Youth" means a child, as defined in section 19-2.5-102, who is subject to:
(a) A juvenile court's jurisdiction pursuant to section 19-2.5-103;
(b) A county court's concurrent jurisdiction pursuant to section 19-2.5-103;
(c) A county court's jurisdiction for a traffic offense; or
(d) A municipal court's jurisdiction.
24-33.5-2803. Deflection and community investment grant program - created - policies. (1) The deflection and community investment grant program is created in the office within the division of criminal justice. The purpose of the three-year competitive grant program is to provide grants to eligible applicants to implement a mixed-delivery system of trauma-informed health and development deflection programs for youth, including Native American youth.
(2) The office shall administer the grant program and, subject to available appropriations, shall award grants as provided in this part 28.
(3) Subject to public comment from directly impacted stakeholders, the department may adopt policies for the administration of the grant program.
24-33.5-2804. Office duties. (1) The office has the following duties:
(a) Develop a competitive application process, including deadlines, for an eligible applicant to apply for a grant consistent with the requirements of section 24-33.5-2805. Initial grant awards must be distributed no later than June 30, 2026.
(b) Contract with a technical assistance provider pursuant to section 24-33.5-2806 and a research and evaluation partner pursuant to section 24-33.5-2807; and
(c) Support grantee data collection and analysis and require grantees to demonstrate outcomes of the deflection programs that received a grant award.
24-33.5-2805. Application - eligibility - awards. (1) To receive a grant, an applicant must submit an application to the office in accordance with any policies adopted by the executive director of the department. At a minimum, the application must include the following information:
(a) The types of deflection services that will be provided;
(b) Verification that the applicant is serving an area of high need; and
(c) An official letter from at least one referring agency demonstrating the agency's intent to refer youth to the deflection program to provide the youth with trauma-informed health and development services in lieu of warning, citation, or arrest. For regional applications described in subsection (2)(c) of this section, letters of intent are required for each jurisdiction proposed in the application.
(2) (a) To be eligible to receive a grant, an applicant must be:
(I) A nonprofit organization;
(II) A federally recognized Indian tribe, as defined in 25 U.S.C. sec. 1603 (14);
(III) A tribal organization, as defined in 25 U.S.C. sec. 1603 (26);
(IV) An urban Indian organization, as defined in 25 U.S.C. sec. 1603 (29); or
(V) A private entity whose board of directors is majority controlled by Native Americans and that is fiscally sponsored by a nonprofit organization.
(b) To be eligible to receive a grant, an applicant must be a nongovernmental entity, with the exception of a tribal government applicant, and must not be a law enforcement or probation entity.
(c) Applicants from two or more local jurisdictions may jointly apply for a grant award to deliver deflection program services on a regional basis and may receive a joint grant award that is the aggregate of the amount each individual eligible applicant would have received had each individual eligible applicant applied independently.
(3) The office shall review the applications received pursuant to this section. In awarding grants, the office shall give priority to eligible applicants in communities, including rural communities, that:
(a) Deflect youth at the earliest possible point of justice system involvement;
(b) Serve otherwise under-resourced communities;
(c) Employ individuals who have lived experience as a youth in the justice system; or
(d) Demonstrate experience effectively serving youth populations who are justice-system-involved or at risk of system involvement.
(4) Subject to available appropriations, on or before June 30 each year of the grant program, the office shall distribute grants as provided in this section. The office shall award at least two hundred thousand dollars but not more than one million dollars to an individual grantee over the course of the three-year grant program.
(5) (a) A grantee shall use a grant award to deliver deflection program services in areas of high need. A grantee shall provide deflection services that are evidence-based, research-supported, or grounded in practice-based evidence; trauma-informed; culturally relevant; gender-responsive; and developmentally appropriate.
(b) A grantee shall deliver one or more of the following deflection program services:
(I) Educational services, including remedial and college preparatory academic services;
(II) Career development services, including employment preparation, vocational training, internships, and apprenticeships;
(III) Restorative justice services, including culturally rooted programming;
(IV) Mentoring services, including services that rely on credible messengers whose lived experience is similar to the experience of the youth being served;
(V) Mental health services, including culturally rooted healing practices;
(VI) Behavioral health services, including substance use education and treatment;
(VII) Housing services, including permanent, short-term, and emergency housing services;
(VIII) Personal development and leadership training services; or
(IX) Prosocial activities, including cultural enrichment programs and services.
24-33.5-2806. Technical assistance provider. (1) The office shall contract with a technical assistance provider to support implementation of the grant program and to build grantee capacity to deliver deflection program services. Prior to developing and disseminating grant program application materials, the office shall solicit and receive input from the contracted technical assistance provider in developing the grant program application materials. In selecting a technical assistance provider, the office shall prioritize organizations that employ people who have lived experience as a youth in the justice system.
(2) The technical assistance provider shall demonstrate experience in all the following areas:
(a) Developmental research and identifying best practices for serving youth involved in, and youth at risk of involvement in, the justice system, including children who have experienced commercial sexual exploitation and youth in the dependency system;
(b) Research on systems that refer youth to the justice system, including the education, immigration, and child welfare systems, and research on best practices for referrals;
(c) Presenting and disseminating best practices on alternatives to incarceration and justice system involvement;
(d) Working with and supporting community-based organizations serving youth involved in, and youth at risk of involvement in, the justice system in Colorado;
(e) Collaborating with justice system stakeholders;
(f) Working with and supporting Native American organizations and communities; and
(g) Working with justice-system-involved youth and communities and elevating youth leadership.
(3) The technical assistance provider shall:
(a) Provide input to the office regarding the development of the grant program's grant application materials;
(b) Support grantees in establishing and maintaining relationships with justice system and community stakeholders, including public agencies, tribal governments and communities, nonprofit organizations, and youth and families most impacted by the justice system;
(c) Provide grantees with training and support in implementing best practices and trauma-informed, culturally relevant, gender-responsive, and developmentally appropriate approaches to serving youth;
(d) Create peer learning opportunities for grantees to learn from and alongside one another;
(e) In collaboration with the research and evaluation partner selected pursuant to section 24-33.5-2807, provide grantees with administrative and technical support to support compliance with applicable data reporting and program evaluation requirements, and with applicable laws, including laws around confidentiality and deflection eligibility; and
(f) Provide the research and evaluation partner selected pursuant to section 24-33.5-2807 with input regarding the development of deflection program evaluation processes and metrics.
24-33.5-2807. Evaluation - reporting requirements. (1) The office shall contract with a research and evaluation partner to conduct a statewide evaluation of the grant program and associated youth outcomes over the three-year grant period. The office shall solicit and receive input from the contracted research and evaluation partner in developing the grant program application materials. The research and evaluation partner must have a demonstrated commitment to working with communities impacted by the justice system.
(2) The research and evaluation partner shall:
(a) Develop a common assessment instrument for use by grantees to assess the outcomes and impact of services provided to youth;
(b) Design a central data repository to standardize grantee data collection and reporting; and
(c) Support grantees with using the common assessment instrument and the central data repository.
(3) The office shall provide the research and evaluation partner with relevant, existing data for the purposes of measuring outcomes. Measured outcomes may include, but are not limited to:
(a) Reductions in law enforcement responses to youth conduct involving low-level offenses, court caseloads and processing costs, days youth spent in detention, placement of youth in congregate care, and school and placement disruptions;
(b) Reductions in the number of school suspensions and expulsions;
(c) Improvements in youth health and well-being, housing and community stability, educational attainment, prosocial activity, and connections to employment opportunities and mentorship; and
(d) Projected state and local cost savings as a result of the deflection programming.
(4) The office shall make available on its website a report of grantees, projects, and outcomes at the state and local levels within one hundred eighty days of completion of the grant program.
(5) Notwithstanding section 24-1-136 (11)(a)(I), on or before December 31, 2026, and each December 31 thereafter for the duration of the grant program, the office shall submit a report to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, about the grant program. At a minimum, the report must include the number and amount of grants awarded since the last report and a summary of information concerning the impact of the mixed delivery system of deflection programs for youth, including Native American youth.
24-33.5-2808. No disclosure of participant records.Records related to the participation of a youth or a youth's family in the deflection program pursuant to this part 28 are not subject to disclosure to a prosecuting attorney.
24-33.5-2809. Funding for grant program. (1) The general assembly shall annually appropriate the necessary funds to the department for use by the office for the purposes of this part 28.
(2) The office may use up to twenty-three and one-half percent of the money annually appropriated, as follows:
(a) Up to three percent of the money annually appropriated pursuant to subsection (1) of this section to pay for the direct and indirect costs that the office incurs to administer the grant program;
(b) Up to three percent of the money annually appropriated pursuant to subsection (1) of this section to contract with a research and evaluation partner and the office's own grant program evaluation-related costs;
(c) Up to seven and one-half percent of the money annually appropriated pursuant to subsection (1) of this section to contract with a technical assistance provider and the office's own technical assistance-related costs in connection with the grant program; and
(d) Up to ten percent of the money annually appropriated pursuant to subsection (1) of this section for grant awards to deflection programs targeting Native American youth.
(3) The office may use the remaining money annually appropriated for the grant program for grant awards to youth deflection programs.
(4) The office may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this part 28.
24-33.5-2810. Repeal of part.This part 28 is repealed, effective January 1, 2031.
SECTION 9. Appropriation. (1) For the 2025-26 state fiscal year, $6,854,420 is appropriated to the department of human services. This appropriation is from the general fund. To implement this act, the department may use this appropriation as follows:
(a) $696,762 for use by the executive director's office for health, life, and dental;
(b) $2,607 for use by the executive director's office for short-term disability;
(c) $16,760 for use by the executive director's office for paid family medical leave insurance;
(d) $372,430 for use by the executive director's office for unfunded liability amortization equalization disbursement payments;
(e) $4,136,731 for use by the division of youth services for program administration related to institutional programs, which amount is based on an assumption that the division will require an additional 41.0 FTE; and
(f) $1,629,130 for use by the division of youth services for medical services, which amount is based on an assumption that the division will require an additional 15.1 FTE.
(2) For the 2025-26 state fiscal year, $122,279 is appropriated to the department of human services for use by the division of youth services. This appropriation is from reappropriated funds received from the department of education and is subject to the "(I)" notation as defined in the annual general appropriation act for the same fiscal year. To implement this act, the division may use this appropriation for program administration related to institutional programs.
(3) For the 2025-26 state fiscal year, $437,264 is appropriated to the department of public safety for use by the division of criminal justice. This appropriation is from the general fund. To implement this act, the division may use this appropriation as follows:
(a) $87,264 for DCJ administrative services, which amount is based on an assumption that the division will require an additional 1.0 FTE; and
(b) $350,000 for the deflection and community investment grant program assistance and evaluation related to juvenile justice and delinquency prevention.
(4) For the 2025-26 state fiscal year, $2,708,316 is appropriated to the department of public safety for use by the division of criminal justice. This appropriation is from the general fund. To implement this act, the division may use this appropriation for the deflection and community investment grant program related to juvenile justice and delinquency prevention. Any money appropriated in this section not expended prior to July 1, 2026, is further appropriated to the division through the 2027-28 state fiscal year for the same purpose.
SECTION 10. Effective date. This act takes effect July 1, 2025.
SECTION 11. Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.
Signed By: Julie McCluskie, Speaker of the House of Representatives
Signed By: James Rashad Coleman, Sr., President of the Senate
Signed By: Vanessa Reilly, Chief Clerk of the House of Representatives
Signed By: Esther van Mourik, Secretary of the Senate
Signed By: Jared S. Polis, Governor of the State of Colorado