A Bill for an Act
Page 1, Line 101Concerning youth involvement with the justice system, and,
Page 1, Line 102in connection therewith, modifying the requirements
Page 1, Line 103for the youthful offender system, clarifying matters
Page 1, Line 104related to determinations of incompetency, awarding
Page 1, Line 105credit for confinement prior to sentencing, and
Page 1, Line 106establishing a grant program to provide deflection
Page 1, Line 107services.
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/.)
Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems. Current law establishes the youthful offender system in the department of corrections as a sentencing option that provides a continuum of services. Section 1 of the bill:
- Revises certain legislative declaration provisions to emphasize lasting behavioral changes in preparation for reentry, accountability, healthy relationship building, and offender and staff safety;
- Adds language related to housing arrangements and equitable treatment for youthful offenders, including youthful offenders with disabilities;
- Adds a requirement for rehabilitative treatment and life skills programming and, in certain cases, for individual and family therapy and substance use disorder treatment;
- Elaborates on clinician evaluations, tailored treatment plans, and client manager requirements for youthful offenders; and
- Imposes an annual reporting requirement beginning in January 2026.
Section 2 of the bill applies the standards for determining competency in juvenile delinquency cases to juveniles who have charges directly filed against them in adult court, juveniles whose cases are transferred to adult court, or juveniles subject to concurrent court jurisdiction.
Section 3 of the bill permits bridges court liaisons to access juvenile competency evaluations and related information.
Current law sets forth procedures for court determinations of a juvenile's competency in juvenile justice proceedings. Section 4 of the bill requires a court to dismiss the case against a juvenile if the court makes a final determination that the juvenile is incompetent to proceed and the juvenile's highest charged act is a class 2 misdemeanor, a petty offense, a drug misdemeanor, or a traffic offense.
Under current law, one year after a court finds a juvenile charged with a level 4 drug felony is incompetent to proceed the court shall enter a finding the juvenile is unrestorable to competency and shall determine whether a management plan is necessary for the juvenile. The bill reduces the time from one year to 6 months.
The bill imposes certain limitations on a case management plan's contents in cases that involve sexual conduct and addresses court responses when a juvenile or a juvenile's parent or guardian fails to engage with a management plan's ordered services.
Section 5 of the bill requires that a person sentenced for a delinquent act committed as a juvenile receive credit for any period of confinement prior to sentencing.
Section 6 of the bill creates the deflection and community investment grant program (grant program) in the office of adult and juvenile justice assistance in the division of criminal justice to provide grants to eligible nonprofit and tribal applicants to implement a mixed-delivery system of trauma-informed health and development deflection programs for youth, including Native American youth.
Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 3, Line 2SECTION 1. In Colorado Revised Statutes, 18-1.3-407, amend
Page 3, Line 3(1)(a), (1)(b), (3), (3.3)(a), and (3.3)(b); and add (1)(b.5), (3.3)(d)(III), and (15) as follows:
Page 3, Line 418-1.3-407. Sentences - youthful offenders - powers and duties
Page 3, Line 5of district court - authorization for youthful offender system - powers
Page 3, Line 6and duties of department of corrections - youthful offender system
Page 3, Line 7study - report - legislative declaration - definitions. (1) (a) It is the
Page 3, Line 8intent of the general assembly that the youthful offender system
Page 3, Line 9established pursuant to this section
shallProvidingPage 3, Line 10
as a sentencing option for certain youthful offenders a controlled andPage 3, Line 11
regimented environment that affirms dignity of self and others, promotesPage 3, Line 12
the value of work and self-discipline, and develops useful skills and abilities through enriched programming:Page 3, Line 13(I) Providing as a sentencing option for certain youthful
Page 3, Line 14offenders a controlled environment that affirms dignity of self and others;
Page 3, Line 15(II) Increasing public safety by providing rehabilitative
Page 3, Line 16treatment to help youthful offenders in the care of the
Page 3, Line 17youthful offender system make lasting behavioral changes to
Page 3, Line 18prepare youth for a successful transition back into the
Page 3, Line 19community;
Page 4, Line 1(III) Promoting the physical safety of youthful offenders and staff within the youthful offender system;
Page 4, Line 2(IV) Promoting a seamless continuum of care from the
Page 4, Line 3time of incarceration to discharge, in which youthful offenders'
Page 4, Line 4needs are met in a safe, structured environment with
Page 4, Line 5well-trained, caring staff who help youthful offenders identify
Page 4, Line 6and address issues, be accountable, and accept responsibility for the youthful offenders' actions;
Page 4, Line 7(V) Enabling youthful offenders to develop healthy,
Page 4, Line 8supportive relationships with peers, adults, family, and neighborhood and community members; and
Page 4, Line 9(VI) Providing youthful offenders with the tools
Page 4, Line 10necessary to become law-abiding, contributing members of the community upon the youth's release.
Page 4, Line 11(b) It is the further intent of the general assembly in enacting this
Page 4, Line 12section that
female and male offendersPage 4, Line 13regardless of gender identity or expression, who are eligible for
Page 4, Line 14sentencing to the youthful offender system pursuant to section
Page 4, Line 1518-1.3-407.5,
or sectionPage 4, Line 16equitable treatment in sentencing, particularly in regard to the option of
Page 4, Line 17being sentenced to the youthful offender system. Accordingly, it is the
Page 4, Line 18general assembly's intent that the department of corrections take
Page 4, Line 19necessary measures to establish separate housing based on youthful
Page 4, Line 20offenders' expressed gender identity for
female and male offendersPage 4, Line 21youthful offenders who are sentenced to the youthful offender system
Page 4, Line 22without compromising the equitable treatment of
eitherPage 4, Line 23offenders.
Page 5, Line 1(b.5) It is the further intent of the general assembly in
Page 5, Line 2enacting this section that offenders with disabilities who are
Page 5, Line 3eligible for sentencing to the youthful offender system
Page 5, Line 4pursuant to section 18-1.3-407.5, 19-2.5-801 (5), or 19-2.5-802
Page 5, Line 5(1)(d)(I)(B) receive equitable treatment in sentencing,
Page 5, Line 6particularly in regard to the option of being sentenced to the
Page 5, Line 7youthful offender system. Therefore, the general assembly
Page 5, Line 8declares that the department of corrections shall take
Page 5, Line 9necessary measures to establish housing and access to services
Page 5, Line 10as needed for offenders with disabilities who are sentenced to
Page 5, Line 11the youthful offender system without compromising the equitable treatment of any offenders.
Page 5, Line 12(3) The department of corrections shall develop and implement a
Page 5, Line 13youthful offender system for offenders sentenced in accordance with
Page 5, Line 14subsection (2) of this section. The youthful offender system
shall bePage 5, Line 15under the direction and control of the executive director of the department
Page 5, Line 16of corrections. The youthful offender system
shall bePage 5, Line 17(a) The system should provide for teaching youthful offenders
Page 5, Line 18self-discipline by providing clear consequences for designated inappropriate behavior;
Page 5, Line 19(a.5) The system should provide for rehabilitative
Page 5, Line 20treatment to help youthful offenders make lasting behavioral
Page 5, Line 21changes to prepare youth for a successful transition back into the community;
Page 5, Line 22(b) The system should include a daily regimen that involves
Page 5, Line 23youthful offenders in physical
training, self-discipline exercisesPage 6, Line 1activity, educational and work programs, life skills programming,
Page 6, Line 2and meaningful interaction, with a component for a tiered system
forPage 6, Line 3
swift and strict discipline for noncompliancePage 6, Line 4behavior reduction. The daily regimen must be individually
Page 6, Line 5determined for each youthful offender and take into consideration disabilities and reasonable modifications.
Page 6, Line 6(b.5) The system should provide youthful offenders with
Page 6, Line 7individually tailored therapy, family therapy, or substance use
Page 6, Line 8disorder treatment when requested by a youthful offender or
Page 6, Line 9indicated by a previous behavioral health or substance use disorder evaluation;
Page 6, Line 10(c) The system should use staff models and mentors to promote
Page 6, Line 11
within an offender thePage 6, Line 12(d) The system should provide youthful offenders with
Page 6, Line 13instruction on problem-solving skills and should incorporate methods to
Page 6, Line 14reinforce the use of cognitive behavior strategies that change youthful offenders' orientation toward criminal thinking and behavior;
Page 6, Line 15(e) The system should promote among youthful offenders the
Page 6, Line 16creation and development of new trauma-informed group cultures which result in a transition to prosocial behavior; and
Page 6, Line 17(f) The system should provide youthful offenders the
Page 6, Line 18opportunity to gradually reenter the community.
while demonstrating thePage 6, Line 19
capacity for self-discipline and the attainment of respect for the community.Page 6, Line 20(3.3) The youthful offender system consists of the following
Page 6, Line 21components, and the department of corrections has the authority
Page 7, Line 1described in this subsection (3.3) in connection with the administration of the components:
Page 7, Line 2(a) (I) An intake, diagnostic, and orientation phase during which
Page 7, Line 3the department of corrections shall facilitate an evaluation of
Page 7, Line 4each youthful offender, conducted by a licensed mental health
Page 7, Line 5clinician for possible physical, intellectual, developmental, and mental and behavioral health needs.
Page 7, Line 6(II) The evaluator shall submit a written report to the
Page 7, Line 7department of corrections documenting the evaluator's
Page 7, Line 8findings and treatment recommendations, and the department
Page 7, Line 9of corrections shall create a treatment plan specifically
Page 7, Line 10tailored to the individual needs of the youthful offender
Page 7, Line 11identified in the written report. The treatment plan must
Page 7, Line 12include a plan for therapy, education, vocational skills, life
Page 7, Line 13skills, and reentry into the community. The department of
Page 7, Line 14corrections shall assign a client manager to the youthful
Page 7, Line 15offender who shall meet regularly with the youthful offender,
Page 7, Line 16monitor the youthful offender's treatment plan, and record the
Page 7, Line 17youthful offender's progress throughout the youthful offender system program.
Page 7, Line 18(b) (I) Phase I, during which time a range of core programs,
Page 7, Line 19supplementary activities, and educational and prevocational programs and services are provided to youthful offenders.
Page 7, Line 20(II) During phase I, the department of corrections shall
Page 7, Line 21reevaluate the youthful offender on a monthly basis to assess
Page 7, Line 22whether the youthful offender's treatment plan should be
Page 7, Line 23modified. The department of corrections must modify the
Page 8, Line 1youthful offender's treatment plan if the department of
Page 8, Line 2corrections determines modifications are necessary to the youthful offender's successful rehabilitation.
Page 8, Line 3(d) (III) During phase III, the youthful offender shall
Page 8, Line 4continue to work with the youthful offender's case manager
Page 8, Line 5assigned during the intake, diagnostic, and orientation phase
Page 8, Line 6pursuant to subsection (3.3)(a) of this section to meet the
Page 8, Line 7youthful offender's identified treatment goals and plan for reentry into the community.
Page 8, Line 8(15) Notwithstanding section 24-1-136 (11)(a)(I), beginning
Page 8, Line 9in January 2026, and in January every year thereafter, the
Page 8, Line 10department of corrections shall include as part of its "SMART
Page 8, Line 11Act" hearing required by section 2-7-203 information concerning:
Page 8, Line 12(a) The total number of youthful offenders that have completed a commitment to the division of youth services;
Page 8, Line 13(b) The total number of youthful offenders in each
Page 8, Line 14program phase under the youthful offender system pursuant to subsection (3.3) of this section; and
Page 8, Line 15(c) The total number of youthful offenders who fail to
Page 8, Line 16complete a program phase under the youthful offender system
Page 8, Line 17pursuant to subsection (3.3) of this section due to new adult charges filed against the youthful offender.
Page 8, Line 18SECTION 2. In Colorado Revised Statutes, 19-2.5-702, amend (1) as follows:
Page 8, Line 1919-2.5-702. Incompetent to proceed - effect - how and when
Page 8, Line 20raised. (1) This part 7 applies only to proceedings brought pursuant to
Page 9, Line 1this title 19, including cases directly filed against a juvenile in
Page 9, Line 2district court pursuant to section 19-2.5-801, cases transferred
Page 9, Line 3to district court for criminal proceedings pursuant to section
Page 9, Line 419-2.5-802, and cases that are subject to the concurrent
Page 9, Line 5jurisdiction of the criminal and juvenile courts pursuant to section 19-2.5-103.
Page 9, Line 6SECTION 3. In Colorado Revised Statutes, 19-2.5-703.5, amend (1) introductory portion as follows:
Page 9, Line 719-2.5-703.5. Waiver of privilege - exchange of information -
Page 9, Line 8admissibility of statements. (1) When the court determines that a
Page 9, Line 9juvenile is incompetent to proceed, any claim of confidentiality or
Page 9, Line 10privilege by the juvenile or the juvenile's parent or legal guardian is
Page 9, Line 11deemed waived within the case to allow the court and parties to determine
Page 9, Line 12issues related to the juvenile's competency, restoration, and any
Page 9, Line 13management plan developed by the court pursuant to section 19-2.5-704
Page 9, Line 14(3). The district attorney, defense attorney, guardian ad litem, the
Page 9, Line 15department, any competency evaluators, any restoration treatment
Page 9, Line 16providers, bridges court liaisons, and the court are granted access, without written consent of the juvenile or further order of the court, to:
Page 9, Line 17SECTION 4. In Colorado Revised Statutes, 19-2.5-704, amend
Page 9, Line 18(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:
Page 9, Line 1919-2.5-704. Procedure after determination of competency or
Page 9, Line 20incompetency. (2.3) If the court makes a final determination
Page 9, Line 21pursuant to section 19-2.5-703 that the juvenile is incompetent
Page 9, Line 22to proceed and the juvenile's highest charged act constitutes a
Page 9, Line 23class 2 misdemeanor, a petty offense, a drug misdemeanor, or a
Page 10, Line 1traffic offense, the court shall immediately dismiss the
Page 10, Line 2delinquency petition or charges, as applicable, against the juvenile.
Page 10, Line 3(2.5) (a) If the court finds a juvenile is incompetent to proceed,
Page 10, Line 4the juvenile's highest charged act is not included in the charges
Page 10, Line 5specified in subsection (2.3) of this section, and the juvenile has been
Page 10, Line 6incompetent to proceed for a period of time that exceeds the time limits
Page 10, Line 7set forth in this subsection (2.5), the court shall enter a finding that the
Page 10, Line 8juvenile is unrestorable to competency and shall determine whether a
Page 10, Line 9management plan for the juvenile is necessary pursuant to subsection (3)(a) of this section. The time limits are as follows:
Page 10, Line 10(I) If the highest charged act constitutes a class 1 misdemeanor
Page 10, Line 11
a misdemeanor drug offense, a petty offense, or a traffic offense,Page 10, Line 12level 4 drug felony and the juvenile is not restored to competency after
Page 10, Line 13a period of six months, the court shall find the juvenile unrestorable to competency;
Page 10, Line 14(II) If the highest charged act constitutes a class 4, 5, or 6 felony,
Page 10, Line 15or a level 3
or 4Page 10, Line 16competency after a period of one year, the court shall find the juvenile unrestorable to competency;
Page 10, Line 17(3) (a) If the court finally determines pursuant to section
Page 10, Line 1819-2.5-703 or 19-2.5-703.5 that the juvenile is incompetent to proceed
Page 10, Line 19and cannot be restored to competency in the reasonably foreseeable
Page 10, Line 20future, the court shall enter an order finding the juvenile unrestorable to
Page 10, Line 21competency and shall determine whether a case management plan for the
Page 10, Line 22juvenile is necessary, taking into account the public safety and the best
Page 10, Line 23interests of the juvenile. If the court determines a case management
Page 11, Line 1plan is unnecessary, the court may continue any treatment or
Page 11, Line 2plan already in place for the juvenile. If the court determines a
Page 11, Line 3case management plan is necessary, the court
shallPage 11, Line 4case management plan after ordering that the juvenile be placed or
Page 11, Line 5continue placement in the least-restrictive environment, taking into
Page 11, Line 6account the public safety and best interests of the juvenile.
If the courtPage 11, Line 7
determines a management plan is unnecessary, the court may continuePage 11, Line 8
any treatment or plan already in place for the juvenile.Page 11, Line 9develop an appropriate case management plan, the court may
Page 11, Line 10order any member of the juvenile's professional team to consult
Page 11, Line 11with the juvenile, the juvenile's parent or legal guardian, or
Page 11, Line 12other individuals, including the juvenile's defense attorney,
Page 11, Line 13guardian ad litem, or treatment provider, to develop a proposed
Page 11, Line 14management plan to present to the court for consideration. The
Page 11, Line 15management plan must, at a minimum, address treatment for the juvenile,
Page 11, Line 16identify the party or parties responsible for the juvenile, and specify
Page 11, Line 17appropriate behavior management tools if
theyPage 11, Line 18(b) The management plan may include:
(I) Placement options included in article 10.5 or 65 of title 27;
Page 11, Line 19(II) A treatment plan developed by a licensed mental health professional;
Page 11, Line 20(III) An informed supervision model, upon the court receiving
Page 11, Line 21evidence that the underlying charge is rationally related to the need for the use of an informed supervision model;
Page 11, Line 22(IV) Institution of a guardianship petition; or
Page 11, Line 23(V) Any other remedy
deemed appropriate byPage 12, Line 1(b.5) Notwithstanding subsection (3)(b) of this section, the management plan must not include:
Page 12, Line 2(I) Detention of the juvenile or commitment of the
Page 12, Line 3juvenile to the division of youth services, a county jail,
Page 12, Line 4community corrections, or the Colorado mental health institute at Pueblo;
Page 12, Line 5(II) Work release; or
Page 12, Line 6(III) A psychosexual evaluation of the juvenile or sex
Page 12, Line 7offender management board treatment requirement, unless a
Page 12, Line 8psychosexual evaluation is specifically recommended by a licensed mental health professional.
Page 12, Line 9(d) Any entity responsible for connecting the juvenile to
Page 12, Line 10services, service coordination, or case management may report
Page 12, Line 11to the court on the juvenile's or the juvenile's parent's or legal
Page 12, Line 12guardian's engagement in the services ordered in the
Page 12, Line 13management plan. If the juvenile or the juvenile's parent or
Page 12, Line 14legal guardian does not engage in the services ordered in the
Page 12, Line 15management plan, the court may alter the management plan or
Page 12, Line 16take other action as necessary and permitted by law, including,
Page 12, Line 17but not limited to, referral to a local collaborative
Page 12, Line 18management program, ordering a department of human services
Page 12, Line 19investigation pursuant to section 19-3-501 (1), or filing a
Page 12, Line 20dependency and neglect petition pursuant to section 19-3-501(2)(b).
Page 12, Line 21SECTION 5. In Colorado Revised Statutes, add 19-2.5-1103.5
Page 12, Line 22as follows:
Page 13, Line 119-2.5-1103.5. Credit for presentence confinement.A person
Page 13, Line 2confined for an alleged delinquent act prior to the imposition of
Page 13, Line 3a sentence for an adjudicated delinquent act is entitled to
Page 13, Line 4credit against the term of the person's sentence for the entire
Page 13, Line 5period of the confinement. At the time of sentencing, the court
Page 13, Line 6shall make a finding regarding the amount of presentence
Page 13, Line 7confinement to which the person is entitled and shall include
Page 13, Line 8the finding in the sentencing order. The period of confinement is
Page 13, Line 9deducted from any commitment to the department of human
Page 13, Line 10services or confinement in county jail, community corrections, or juvenile detention.
Page 13, Line 11SECTION 6. In Colorado Revised Statutes, add part 28 to article 33.5 of title 24 as follows:
Page 13, Line 12PART 28
DEFLECTION AND COMMUNITY INVESTMENT
Page 13, Line 13GRANT PROGRAM
Page 13, Line 1424-33.5-2801. Short title.The short title of this part 28 is
Page 13, Line 15the "Deflection and Community Investment Grant Program Act".
Page 13, Line 1624-33.5-2802. Definitions.As used in this part 28, unless the context otherwise requires:
Page 13, Line 17(1) "Area of high need" means:
Page 13, Line 18(a) A city or zip code with rates of youth arrests that are
Page 13, Line 19higher than the surrounding county average, based on available arrest data, as identified by the applicant; or
Page 13, Line 20(b) A city or zip code where there is a disparity between
Page 13, Line 21the racial or ethnic composition of the arrested youth
Page 14, Line 1population and the racial or ethnic composition of the surrounding county population, as identified by the applicant.
Page 14, Line 2(2) "Deflection" means an extrajudicial response to a
Page 14, Line 3youth's conduct that is designed to prevent the youth's formal involvement or further involvement in the justice system.
Page 14, Line 4(3) "Deflection program" means a program that promotes
Page 14, Line 5positive youth development by relying on deflection and aims to
Page 14, Line 6divert youth from justice system involvement at the earliest possible point.
Page 14, Line 7(4) "Eligible applicant" means an eligible tribal
Page 14, Line 8government, tribal organization, or nonprofit community-based
Page 14, Line 9organization that meets the requirements of section 24-33.5-2805.
Page 14, Line 10(5) "Grant program" means the deflection and community investment grant program created in section 24-33.5-2803.
Page 14, Line 11(6) "Grant recipient" means an eligible applicant that the office selects to receive money through the grant program.
Page 14, Line 12(7) "Mixed-delivery system" means a system of adolescent
Page 14, Line 13development and education support services delivered through
Page 14, Line 14a combination of programs, providers, and settings that include
Page 14, Line 15partnerships between community-based nonprofit organizations
Page 14, Line 16and public agencies and that is supported with a combination of public and private funds.
Page 14, Line 17(8) "Nonprofit organization" means a tax-exempt
Page 14, Line 18charitable or social welfare organization operating pursuant
Page 14, Line 19to 26 U.S.C. sec. 501(c)(3) or 501(c)(4) of the federal "Internal
Page 14, Line 20Revenue Code of 1986", as amended.
Page 15, Line 1(9) "Office" means the office within the division of criminal justice that focuses on adult and juvenile justice assistance.
Page 15, Line 2(10) "Referring agency" means an organization, agency,
Page 15, Line 3or department that refers youth to deflection programs,
Page 15, Line 4including, but not limited to, an education, law enforcement, behavioral health, or public health entity.
Page 15, Line 5(11) "Trauma-informed" means an approach that involves
Page 15, Line 6an understanding of adverse childhood experiences and that
Page 15, Line 7responds to symptoms of chronic interpersonal trauma and traumatic stress across the lifespan of an individual.
Page 15, Line 8(12) "Youth" means a child, as defined in section 19-2.5-102, who is subject to:
Page 15, Line 9(a) A juvenile court's jurisdiction pursuant to section 19-2.5-103;
Page 15, Line 10(b) A county court's concurrent jurisdiction pursuant to section 19-2.5-103;
Page 15, Line 11(c) A county court's jurisdiction for a traffic offense; or
(d) A municipal court's jurisdiction.
Page 15, Line 1224-33.5-2803. Deflection and community investment grant
Page 15, Line 13program - created - policies. (1) The deflection and community
Page 15, Line 14investment grant program is created in the office within the
Page 15, Line 15division of criminal justice. The purpose of the three-year,
Page 15, Line 16competitive grant program is to provide grants to eligible
Page 15, Line 17applicants to implement a mixed-delivery system of
Page 15, Line 18trauma-informed health and development deflection programs for youth, including Native American youth.
Page 15, Line 19(2) The office shall administer the grant program and,
Page 16, Line 1subject to available appropriations, shall award grants as provided in this part 28.
Page 16, Line 2(3) The department may adopt policies for the administration of the grant program.
Page 16, Line 324-33.5-2804. Office duties. (1) The office has the following duties:
Page 16, Line 4(a) Develop a competitive application process, including
Page 16, Line 5deadlines, for an eligible applicant to apply for a grant
Page 16, Line 6consistent with the requirements of section 24-33.5-2805. Initial grant awards must be distributed no later than June 30, 2026.
Page 16, Line 7(b) Contract with a technical assistance provider
Page 16, Line 8pursuant to section 24-33.5-2806 and a research university evaluator pursuant to section 24-33.5-2807; and
Page 16, Line 9(c) Support grantee data collection and analysis and
Page 16, Line 10require grantees to demonstrate outcomes of the deflection programs that received a grant award.
Page 16, Line 1124-33.5-2805. Application - eligibility - awards. (1) To receive
Page 16, Line 12a grant, an applicant must submit an application to the office in
Page 16, Line 13accordance with any policies adopted by the executive director
Page 16, Line 14of the department. At a minimum, the application must include the following information:
Page 16, Line 15(a) The types of deflection services that will be provided;
Page 16, Line 16(b) Verification that the applicant is serving an area of high need; and
Page 16, Line 17(c) An official letter from at least one referring agency
Page 16, Line 18demonstrating the agency's intent to refer youth to the
Page 16, Line 19deflection program to provide the youth with trauma-informed
Page 17, Line 1health and development services in lieu of warning, citation, or
Page 17, Line 2arrest. For regional applications described in subsection (2)(c)
Page 17, Line 3of this section, letters of intent are required for each jurisdiction proposed in the application.
Page 17, Line 4(2) (a) To be eligible to receive a grant, an applicant must be:
Page 17, Line 5(I) A nonprofit organization;
Page 17, Line 6(II) A federally recognized Indian tribe, as defined in 25 U.S.C. sec. 1603 (14);
Page 17, Line 7(III) A tribal organization, as defined in 25 U.S.C. sec. 1603 (26);
Page 17, Line 8(IV) An urban Indian organization, as defined in 25 U.S.C. sec. 1603 (29); or
Page 17, Line 9(V) A private entity, whose board of directors is majority
Page 17, Line 10controlled by Native Americans, and which is fiscally sponsored by a nonprofit organization.
Page 17, Line 11(b) To be eligible to receive a grant, an applicant must be
Page 17, Line 12a nongovernmental entity, with the exception of a tribal
Page 17, Line 13government applicant, and must not be a law enforcement or probation entity.
Page 17, Line 14(c) Applicants from two or more local jurisdictions may
Page 17, Line 15jointly apply for a grant award to deliver deflection program
Page 17, Line 16services on a regional basis and may receive a joint grant award
Page 17, Line 17that is the aggregate of the amount each individual eligible
Page 17, Line 18applicant would have received had each individual eligible applicant applied independently.
Page 17, Line 19(3) The office shall review the applications received
Page 18, Line 1pursuant to this section. In awarding grants, the office shall
Page 18, Line 2give priority to eligible applicants in communities, including rural communities, that:
Page 18, Line 3(a) Deflect youth at the earliest possible point of justice system involvement;
Page 18, Line 4(b) Serve otherwise under-resourced communities;
Page 18, Line 5(c) Employ individuals who have lived experience as a youth in the justice system; or
Page 18, Line 6(d) Demonstrate experience effectively serving youth
Page 18, Line 7populations who are justice system-involved or at risk of system involvement.
Page 18, Line 8(4) (a) Subject to available appropriations, on or before
Page 18, Line 9June 30 each year of the grant program, the office shall
Page 18, Line 10distribute grants as provided in this section. The office shall
Page 18, Line 11award at least two hundred thousand dollars but not more
Page 18, Line 12than one million dollars to an individual grantee over the course of the three-year grant program.
Page 18, Line 13(b) (I) Subject to available appropriations, the office
Page 18, Line 14shall distribute grant awards in three equal annual installments, as follows:
Page 18, Line 15(A) The first installment must be distributed on the first day of the grant contract;
Page 18, Line 16(B) The second installment must be distributed no later than the first day of the second year of the grant contract; and
Page 18, Line 17(C) The third installment must be distributed no later than the first day of the third year of the grant contract.
Page 18, Line 18(II) Distribution of the second and third installments is
Page 19, Line 1contingent on the grantee fulfilling the grant obligations and reporting requirements pursuant to section 24-33.5-2807.
Page 19, Line 2(5) (a) A grantee shall use a grant award to deliver
Page 19, Line 3deflection program services in areas of high need. A grantee
Page 19, Line 4shall provide deflection services that are evidence-based or
Page 19, Line 5research-supported, trauma-informed, culturally relevant, gender-responsive, and developmentally appropriate.
Page 19, Line 6(b) A grantee shall deliver one or more of the following deflection program services:
Page 19, Line 7(I) Educational services, including remedial and college preparatory academic services;
Page 19, Line 8(II) Career development services, including employment
Page 19, Line 9preparation, vocational training, internships, and apprenticeships;
Page 19, Line 10(III) Restorative justice services, including culturally rooted programming;
Page 19, Line 11(IV) Mentoring services, including services that rely on
Page 19, Line 12credible messengers whose lived experience is similar to the experience of the youth being served;
Page 19, Line 13(V) Mental health services, including culturally rooted healing practices;
Page 19, Line 14(VI) Behavioral health services, including substance use education and treatment;
Page 19, Line 15(VII) Housing services, including permanent, short-term, and emergency housing services;
Page 19, Line 16(VIII) Personal development and leadership training
Page 19, Line 17services; or
Page 20, Line 1(IX) Prosocial activities, including cultural enrichment programs and services.
Page 20, Line 224-33.5-2806. Technical assistance provider. (1) The office
Page 20, Line 3shall contract with a technical assistance provider to support
Page 20, Line 4implementation of the grant program and to build grantee
Page 20, Line 5capacity to deliver deflection program services. Prior to
Page 20, Line 6developing and disseminating grant program application
Page 20, Line 7materials, the office shall solicit and receive input from the
Page 20, Line 8contracted technical assistance provider in developing the
Page 20, Line 9grant program application materials. In selecting a technical
Page 20, Line 10assistance provider, the office shall prioritize organizations
Page 20, Line 11that employ people who have lived experience as a youth in the justice system.
Page 20, Line 12(2) The technical assistance provider shall demonstrate experience in all the following areas:
Page 20, Line 13(a) Developmental research and identifying best practices
Page 20, Line 14for serving youth involved in, and youth at risk of involvement
Page 20, Line 15in, the justice system, including children who have experienced
Page 20, Line 16commercial sexual exploitation and youth in the dependency system;
Page 20, Line 17(b) Research on systems that refer youth to the justice
Page 20, Line 18system, including the education, immigration, and child welfare systems and research on best practices for referrals;
Page 20, Line 19(c) Presenting and disseminating best practices on alternatives to incarceration and justice system involvement;
Page 20, Line 20(d) Working with and supporting community-based
Page 20, Line 21organizations serving youth involved in, and youth at risk of involvement in, the justice system in Colorado;
Page 21, Line 1(e) Collaborating with justice system stakeholders;
Page 21, Line 2(f) Working with and supporting Native American organizations and communities; and
Page 21, Line 3(g) Working with justice system-involved youth and communities and elevating youth leadership.
Page 21, Line 4(3) The technical assistance provider shall:
Page 21, Line 5(a) Provide input to the office regarding the development of the grant program's grant application materials;
Page 21, Line 6(b) Support grantees in establishing and maintaining
Page 21, Line 7relationships with justice system and community stakeholders,
Page 21, Line 8including public agencies, tribal governments and communities,
Page 21, Line 9nonprofit organizations, and youth and families most impacted by the justice system;
Page 21, Line 10(c) Provide grantees with training and support in
Page 21, Line 11implementing best practices and trauma-informed, culturally
Page 21, Line 12relevant, gender-responsive, and developmentally appropriate approaches to serving youth;
Page 21, Line 13(d) Create peer learning opportunities for grantees to learn from and alongside one another;
Page 21, Line 14(e) In collaboration with the research university
Page 21, Line 15evaluator selected pursuant to section 24-33.5-2807, provide
Page 21, Line 16grantees with administrative and technical support to ensure
Page 21, Line 17compliance with applicable data reporting and program
Page 21, Line 18evaluation requirements, and with applicable laws, including laws around confidentiality and deflection eligibility; and
Page 21, Line 19(f) Provide the research university evaluator selected
Page 22, Line 1pursuant to section 24-33.5-2807 with input regarding the
Page 22, Line 2development of deflection program evaluation processes and metrics.
Page 22, Line 324-33.5-2807. Evaluation - reporting requirements. (1) The
Page 22, Line 4office shall contract with a research university to conduct a
Page 22, Line 5statewide evaluation of the grant program and associated
Page 22, Line 6youth outcomes over the three-year grant period. The office
Page 22, Line 7shall solicit and receive input from the contracted research
Page 22, Line 8university evaluator in developing the grant program
Page 22, Line 9application materials. The research university evaluator must
Page 22, Line 10have a demonstrated commitment to working with communities impacted by the justice system.
Page 22, Line 11(2) The research university evaluator shall:
Page 22, Line 12(a) Develop a common assessment instrument for use by
Page 22, Line 13grantees to assess the needs and outcomes of youth participants;
Page 22, Line 14(b) Design a central data repository to standardize grantee data collection and reporting; and
Page 22, Line 15(c) Support grantees with using the common assessment instrument and the central data repository.
Page 22, Line 16(3) The office shall provide the research university
Page 22, Line 17evaluator with relevant, existing data for the purposes of
Page 22, Line 18measuring outcomes. Measured outcomes may include, but are not limited to:
Page 22, Line 19(a) Reductions in law enforcement responses to youth
Page 22, Line 20conduct involving low-level offenses, court caseloads and
Page 22, Line 21processing costs, days youth spent in detention, placement of
Page 23, Line 1youth in congregate care, and school and placement disruptions;
Page 23, Line 2(b) Reductions in the number of school suspensions and expulsions;
Page 23, Line 3(c) Improvements in youth health and well-being, housing
Page 23, Line 4and community stability, educational attainment, prosocial
Page 23, Line 5activity, and connections to employment opportunities and mentorship; and
Page 23, Line 6(d) Projected state and local cost savings as a result of the deflection programming.
Page 23, Line 7(4) The office shall make available on its website a report
Page 23, Line 8of grantees, projects, and outcomes at the state and local
Page 23, Line 9levels within one hundred eighty days of completion of the grant program.
Page 23, Line 10(5) Notwithstanding section 24-1-136 (11)(a)(I), on or
Page 23, Line 11before December 31, 2026, and each December 31 thereafter for
Page 23, Line 12the duration of the grant program, the office shall submit a
Page 23, Line 13report to the house of representatives judiciary committee and
Page 23, Line 14the senate judiciary committee, or their successor committees,
Page 23, Line 15about the grant program. At a minimum, the report must include
Page 23, Line 16the number and amount of grants awarded since the last report
Page 23, Line 17and a summary of information concerning the impact of the
Page 23, Line 18mixed delivery system of deflection programs for youth, including Native American youth.
Page 23, Line 1924-33.5-2808. No disclosure of participant records.Records
Page 23, Line 20related to the participation of a youth or a youth's family in the
Page 23, Line 21deflection program pursuant to this part 28 are not subject to disclosure to a prosecuting attorney.
Page 24, Line 124-33.5-2809. Funding for grant program. (1) For state
Page 24, Line 2fiscal years 2025-26, 2026-27, and 2027-28, the general assembly
Page 24, Line 3shall annually appropriate three million three hundred
Page 24, Line 4thirty-three thousand three hundred thirty-three dollars from
Page 24, Line 5the general fund to the department for use by the office for the purposes of this part 28.
Page 24, Line 6(2) The office may use up to twenty-three and one-half percent of the money annually appropriated, as follows:
Page 24, Line 7(a) Up to three percent of the money annually
Page 24, Line 8appropriated pursuant to subsection (1)(a) of this section to pay
Page 24, Line 9for the direct and indirect costs that the office incurs to administer the grant program;
Page 24, Line 10(b) Up to three percent of the money annually
Page 24, Line 11appropriated pursuant to subsection (1)(a) of this section to
Page 24, Line 12contract with a research university evaluator and the office's own grant program evaluation-related costs;
Page 24, Line 13(c) Up to seven and one-half percent of the money
Page 24, Line 14annually appropriated pursuant to subsection (1)(a) of this
Page 24, Line 15section to contract with a technical assistance provider and
Page 24, Line 16the office's own technical assistance-related costs in connection with the grant program; and
Page 24, Line 17(d) Up to ten percent of the money annually appropriated
Page 24, Line 18pursuant to subsection (1)(a) of this section for grant awards to deflection programs targeting Native American youth.
Page 24, Line 19(3) The office may use the remaining money annually
Page 24, Line 20appropriated for the grant program for grant awards to youth deflection programs.
Page 25, Line 1 (4) The office may seek, accept, and expend gifts, grants,
Page 25, Line 2or donations from private or public sources for the purposes of this part 28.
Page 25, Line 324-33.5-2810. Repeal of part.This part 28 is repealed, effective January 1, 2031.
Page 25, Line 4SECTION 7. Act subject to petition - effective date. This act
Page 25, Line 5takes effect at 12:01 a.m. on the day following the expiration of the
Page 25, Line 6ninety-day period after final adjournment of the general assembly; except
Page 25, Line 7that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 25, Line 8of the state constitution against this act or an item, section, or part of this
Page 25, Line 9act within such period, then the act, item, section, or part will not take
Page 25, Line 10effect unless approved by the people at the general election to be held in
Page 25, Line 11November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.