House Bill 25-1146 Introduced

A Bill for an Act

• Page 1, Line 101Concerning measures to ensure that sufficient juvenile

• Page 1, Line 102detention beds are available to address juvenile crime

• Page 1, Line 103in proportion to annual juvenile detention projections,

• Page 1, Line 104and, in connection therewith, setting the juvenile

• Page 1, Line 105detention bed cap at two hundred fifty-four juvenile

• Page 1, Line 106detention beds in the 2025-26 state fiscal year; and in

• Page 1, Line 107subsequent state fiscal years, using an automatic

• Page 1, Line 108determination of the number of juvenile detention beds

• Page 1, Line 109that reflects the juvenile detention average daily

• Page 1, Line 110population projection.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

For the 2025-26 state fiscal year, and for each state fiscal year thereafter, the bill requires the general assembly to appropriate $1,980,137 from the general fund to the department of human services (department) for youth who are detained and can be placed in environments other than detention. Under current law, the department is required to use $1,359,982 of its annual appropriation for temporary emergency detention beds for juveniles. The bill repeals this requirement.

Under current law, only 215 juvenile detention beds are allowed statewide. The bill:

• For the 2025-26 state fiscal year, increases this cap to 254 juvenile detention beds; and
• For the 2026-27 state fiscal year, and each state fiscal year thereafter, sets the cap at 125% of the juvenile detention average daily population projection (projection).

The cap excludes juveniles who are in detention for committing a delinquent act that would constitute a class 1 felony if it were committed by an adult. The bill requires the division of criminal justice in the department of public safety to include the projection in an existing report.

The bill requires the general assembly to annually appropriate $1,359,982, plus any additional amount necessary to fully fund the projection, to the department for juvenile detention beds.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 19-2.5-1407.3, amend (1); and repeal (4) as follows:

• Page 2, Line 319-2.5-1407.3.  Appropriation to the department of human

• Page 2, Line 4services - allocation to judicial districts - provider incentives -

• Page 2, Line 5appropriation. (1)  For state fiscal year 2023-24, and for each state fiscal

• Page 2, Line 6year thereafter, the general assembly shall appropriate three million three

• Page 2, Line 7hundred forty thousand one hundred nineteen dollars from the general

• Page 2, Line 8fund to the department for youth who are detained or can be placed in lieu

• Page 2, Line 9of detention. For the 2025-26 state fiscal year, and for each state

• Page 3, Line 1fiscal year thereafter, the general assembly shall appropriate

• Page 3, Line 2one million nine hundred eighty thousand one hundred

• Page 3, Line 3thirty-seven dollars from the general fund to the department

• Page 3, Line 4for youth who are detained and can be placed in environments other than juvenile detention.

• Page 3, Line 5(4) (a)  Of the money appropriated pursuant to subsection (1) of

• Page 3, Line 6this section, the department shall use one million three hundred fifty-nine

• Page 3, Line 7thousand nine hundred eighty-two dollars for the provision of temporary emergency detention beds described in subsection (4)(b) of this section.

• Page 3, Line 8(b)  Twenty-two temporary emergency detention beds are available

• Page 3, Line 9statewide. A temporary emergency detention bed does not count toward

• Page 3, Line 10the limit of juvenile detention beds available pursuant to section

• Page 3, Line 1119-2.5-1514. The department shall annually allocate the number of

• Page 3, Line 12temporary emergency detention beds to each catchment area in the state

• Page 3, Line 13created pursuant to section 19-2.5-1513. A temporary emergency

• Page 3, Line 14detention bed may be made available to a judicial district pursuant to a

• Page 3, Line 15court order issued pursuant to, and subject to the restrictions set forth in, subsection (4)(c) of this section.

• Page 3, Line 16(c) (I)  The district attorney of a judicial district or a county

• Page 3, Line 17department of human or social services may petition the court no later

• Page 3, Line 18than the next business day after the juvenile is detained to exceed the

• Page 3, Line 19number of juvenile detention beds allocated to a judicial district pursuant

• Page 3, Line 20to section 19-2.5-1405 for the period of time before the detention hearing

• Page 3, Line 21for the juvenile who would utilize the requested temporary emergency detention bed, if:

• Page 3, Line 22(A)  When all statutorily available detention beds allocated to the

• Page 3, Line 23judicial district and any judicial district sharing the same facility are fully

• Page 4, Line 1utilized, the judicial district is presented with a juvenile who is charged

• Page 4, Line 2with committing a delinquent act who screens into detention based on the current detention screening instrument;

• Page 4, Line 3(B)  Each bed loaned by the judicial district to another judicial

• Page 4, Line 4district, as described in section 19-2.5-1405 (1)(b), has been relinquished to the loaning judicial district;

• Page 4, Line 5(C)  No detention beds are available within the judicial district's catchment area; and

• Page 4, Line 6(D)  There are no available juvenile detention beds in any facility

• Page 4, Line 7within fifty miles of the initial receiving juvenile detention facility. This

• Page 4, Line 8subsection (4)(c)(I)(D) does not apply to a petition for a temporary

• Page 4, Line 9emergency detention bed if: The point of arrest of the juvenile was fifty

• Page 4, Line 10miles or more from the initial receiving juvenile detention facility; or if

• Page 4, Line 11the petition is for a juvenile to utilize a bed at the juvenile's initial

• Page 4, Line 12receiving facility when the juvenile is returned to the initial receiving

• Page 4, Line 13facility because the juvenile was utilizing a bed borrowed from another

• Page 4, Line 14judicial district and the borrowed bed is no longer available for use by the juvenile.

• Page 4, Line 15(II)  Upon receipt of a petition to exceed the number of juvenile

• Page 4, Line 16detention beds allocated to a judicial district filed pursuant to this

• Page 4, Line 17subsection (4)(c), a court shall issue an order permitting a judicial district

• Page 4, Line 18to exceed the number of juvenile detention beds allocated to the

• Page 4, Line 19catchment area up to the number of temporary emergency detention beds

• Page 4, Line 20allocated to the catchment area by the department if the court specifically finds that the following circumstances exist:

• Page 4, Line 21(A)  No detention beds are available in the catchment area;

• Page 4, Line 22(B)  There is a legal basis for detaining each juvenile who is

• Page 5, Line 1detained in the judicial district, which may include for each juvenile

• Page 5, Line 2screened that the detention screening instrument does not support release

• Page 5, Line 3because the juvenile presents a substantial risk of serious harm to others or is a flight risk from prosecution;

• Page 5, Line 4(C)  Services are not available for any juvenile currently placed in

• Page 5, Line 5detention in the judicial district that would mitigate the substantial risk of

• Page 5, Line 6serious harm to others presented by the juvenile or the juvenile's risk of flight from prosecution; and

• Page 5, Line 7(D)  Other forms of community-based supervision for the

• Page 5, Line 8incoming juvenile are not sufficient to mitigate the substantial risk of

• Page 5, Line 9serious harm to others presented by the juvenile or the juvenile's risk of flight from prosecution.

• Page 5, Line 10(III)  If a detention bed within the judicial district's allocation that

• Page 5, Line 11is under the statewide detention bed cap becomes available, the juvenile

• Page 5, Line 12utilizing a temporary emergency detention bed shall revert to the

• Page 5, Line 13nonemergency detention bed and the requirements in this subsection (4)

• Page 5, Line 14no longer apply. If a detention bed becomes available within the judicial

• Page 5, Line 15district's catchment area but at a different facility, the juvenile may, at the

• Page 5, Line 16discretion of the judicial district, remain in the temporary emergency

• Page 5, Line 17detention bed in lieu of transferring to the nonemergency detention bed in a different facility.

• Page 5, Line 18(IV)  On the fifth business day following the issuance or renewal

• Page 5, Line 19of each court order issued pursuant to this subsection (4)(c), if the

• Page 5, Line 20circumstances described in subsection (4)(c)(I) of this section exist and

• Page 5, Line 21the juvenile remains detained in the temporary emergency detention bed,

• Page 5, Line 22the person who filed the initial petition pursuant to subsection (4)(c)(I) of

• Page 5, Line 23this section, or the person's designee, shall inform the court that the

• Page 6, Line 1circumstances still exist and the juvenile remains detained in the

• Page 6, Line 2temporary emergency detention bed. At the time of informing the court,

• Page 6, Line 3the person shall also provide the court with updated information about the

• Page 6, Line 4circumstances the court is required to find pursuant to subsection

• Page 6, Line 5(4)(c)(II) of this section. Upon notification from the person, the court

• Page 6, Line 6shall hold a hearing to determine whether to renew the order. The court

• Page 6, Line 7may renew its order for an additional five days if it makes the findings

• Page 6, Line 8required in subsection (4)(c)(II) of this section for issuance of a court order.

• Page 6, Line 9SECTION 2.  In Colorado Revised Statutes, amend 19-2.5-1514 as follows:

• Page 6, Line 1019-2.5-1514.  Juvenile detention bed cap - appropriation -

• Page 6, Line 11definition. (1)  For the fiscal year 2021-22 and each fiscal year thereafter,

• Page 6, Line 12the number of available juvenile detention beds statewide is limited to

• Page 6, Line 13two hundred fifteen. For the 2025-26 state fiscal year, the number

• Page 6, Line 14of available juvenile detention beds statewide is limited to two hundred fifty-four.

• Page 6, Line 15(2) (a)  For the 2026-27 state fiscal year, and each state

• Page 6, Line 16fiscal year thereafter, the number of available juvenile

• Page 6, Line 17detention beds statewide is limited to one hundred twenty-five

• Page 6, Line 18percent of the juvenile detention average daily population projection.

• Page 6, Line 19(b)  As used in this section, "juvenile detention average

• Page 6, Line 20daily population projection" means the juvenile detention

• Page 6, Line 21average daily population projection for the applicable state

• Page 6, Line 22fiscal year that is published in the division of criminal justice in

• Page 6, Line 23the department of public safety's report to the director of the legislative council pursuant to section 24-33.5-503 (1)(m).

• Page 7, Line 1(3)  A detention bed that is occupied by a juvenile who is

• Page 7, Line 2held in detention for committing a delinquent act that would

• Page 7, Line 3constitute a class 1 felony if it were committed by an adult,

• Page 7, Line 4whether or not the juvenile's case has been direct-filed or

• Page 7, Line 5transferred to district court pursuant to section 19-2.5-801 or

• Page 7, Line 619-2.5-802, does not count toward the limit of juvenile detention beds available pursuant to this section.

• Page 7, Line 7(4)  For the 2025-26 state fiscal year, and for each state

• Page 7, Line 8fiscal year thereafter, the general assembly shall appropriate

• Page 7, Line 9to the department of human services for the provision of

• Page 7, Line 10juvenile detention beds statewide, at a minimum, one million

• Page 7, Line 11three hundred fifty-nine thousand nine hundred eighty-two

• Page 7, Line 12dollars plus the additional amount necessary to fully fund the

• Page 7, Line 13number of available juvenile detention beds statewide,

• Page 7, Line 14including beds that are occupied by juveniles who are held in

• Page 7, Line 15detention for committing a delinquent act that would

• Page 7, Line 16constitute a class 1 felony if it were committed by an adult,

• Page 7, Line 17whether or not the juvenile's case has been direct-filed or

• Page 7, Line 18transferred to district court pursuant to section 19-2.5-801 or 19-2.5-802, for the applicable budget year.

• Page 7, Line 19SECTION 3.  In Colorado Revised Statutes, 24-33.5-503, amend (1)(m) as follows:

• Page 7, Line 2024-33.5-503.  Duties of division - definition. (1)  The division has the following duties:

• Page 7, Line 21(m) (I)  To provide information to the director of research of the

• Page 7, Line 22legislative council concerning population projections, research data, and

• Page 8, Line 1other information relating to the projected long-range needs of

• Page 8, Line 2correctional facilities and juvenile detention facilities and any other related data requested by the director.

• Page 8, Line 3(II)  Beginning in the 2025-26 state fiscal year, and each

• Page 8, Line 4state fiscal year thereafter, the information concerning

• Page 8, Line 5population projections provided pursuant to this section must

• Page 8, Line 6include the juvenile detention average daily population projection.

• Page 8, Line 7(III)  For purposes of this subsection (1)(m), unless the

• Page 8, Line 8context otherwise requires, "juvenile detention average daily

• Page 8, Line 9population projection" means, for the next state fiscal year, the

• Page 8, Line 10projected number of confined juveniles who are held in

• Page 8, Line 11detention each day for a year, divided by the number of days in the year.

• Page 8, Line 12(IV)  Notwithstanding the requirement in section 24-1-136

• Page 8, Line 13(11)(a)(I), the requirement to submit the report required in this subsection (1)(m) continues indefinitely.

• Page 8, Line 14SECTION 4.  In Colorado Revised Statutes, 19-2.5-1404, amend (3)(d)(I); and repeal (3)(d)(II) as follows:

• Page 8, Line 1519-2.5-1404.  Working group for criteria for placement of

• Page 8, Line 16juvenile offenders - establishment of formula - review of criteria -

• Page 8, Line 17report. (3) (d)  Beginning for state fiscal year 2023-24, and for each

• Page 8, Line 18fiscal year thereafter, the state department shall collect data statewide concerning the following:

• Page 8, Line 19(I)  The demographic information, including race, ethnicity,

• Page 8, Line 20gender, age, sexual orientation, gender identity, and disability status, to

• Page 8, Line 21the extent the information is available, of the youth in each detention

• Page 9, Line 1facility who are eligible for release from a detention facility without an

• Page 9, Line 2additional court order if services or a placement are available for the

• Page 9, Line 3youth but who are being held in detention due to lack of available services or placement; and

• Page 9, Line 4(II)  The number of temporary emergency detention beds,

• Page 9, Line 5described in section 19-2.5-1407.3 (4), used each day in each catchment area; and

• Page 9, Line 6SECTION 5.  Effective date. This act takes effect July 1, 2025.

• Page 9, Line 7SECTION 6.  Safety clause. The general assembly finds,

• Page 9, Line 8determines, and declares that this act is necessary for the immediate

• Page 9, Line 9preservation of the public peace, health, or safety or for appropriations for

• Page 9, Line 10the support and maintenance of the departments of the state and state institutions.