House Bill 25-1146 Preamended

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 104

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.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

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

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, amend 19-2.5-1405 as follows:

• Page 2, Line 319-2.5-1405.  Working group - allocation of beds. (1)  The

• Page 2, Line 4executive director of the department of human services and the state court

• Page 2, Line 5administrator in the judicial department, or a designee of such persons

• Page 2, Line 6their designees, in consultation with the division of criminal justice of

• Page 2, Line 7the department of public safety, the office of state planning and

• Page 2, Line 8budgeting, the Colorado district attorneys' council, and law enforcement representatives, shall form a working group that has the following duties:

• Page 2, Line 9(a)  To annually allocate the and reallocate, as necessary, a

• Page 2, Line 10number of juvenile detention beds to each catchment area in the state

• Page 2, Line 11created pursuant to section 19-2.5-1513, based on as limited by the

• Page 2, Line 12number of juvenile beds established pursuant to section 19-2.5-1514.

• Page 2, Line 13Once the allocation of juvenile detention beds is made to the catchment

• Page 3, Line 1areas, the The working group shall may allocate or reallocateany

• Page 3, Line 2portion of the detention beds within the allocated to catchment areas

• Page 3, Line 3to the judicial districts within each those catchment area areas. Judicial

• Page 3, Line 4districts shall not exceed the number of beds allocated to them except for circumstances provided for in subsection (1)(b) of this section.

• Page 3, Line 5(b)  To develop a mechanism for judicial districts to

• Page 3, Line 6collaboratively use detention beds allocated to catchment

• Page 3, Line 7areas but unallocated to judicial districts and a mechanism toloan detention beds to other judicial districts; in cases of need and

• Page 3, Line 8(c)  To develop emergency release guidelines that must be used by

• Page 3, Line 9each judicial district to prevent placement of a juvenile in a juvenile

• Page 3, Line 10detention facility in excess of the total number of juvenile detention

• Page 3, Line 11beds allocated to the judicial district; and established pursuant to section 19-2.5-1514.

• Page 3, Line 12(d)  To develop juvenile detention placement guidelines for each

• Page 3, Line 13judicial district to use in complying with the number of juvenile detention beds allocated to the judicial district.

• Page 3, Line 14SECTION 2.  In Colorado Revised Statutes, amend 19-2.5-1515 as follows:

• Page 3, Line 1519-2.5-1515.  Judicial districts - plans for the cap. Each judicial

• Page 3, Line 16district shall annually develop a plan to manage the limit on the number

• Page 3, Line 17of juvenile detention beds allocated or reallocated to the judicial

• Page 3, Line 18district by the working group pursuant to section 19-2.5-1405 (1)(a). The

• Page 3, Line 19judicial district shall consider the emergency release guidelines and

• Page 3, Line 20placement guidelines developed pursuant to section 19-2.5-1405 in its

• Page 3, Line 21annual plan to manage the limit. The annual plan developed by the

• Page 3, Line 22judicial district must ensure the judicial district does not exceed the

• Page 4, Line 1number of juvenile detention beds allocated to it pursuant to section 19-2.5-1405 beds.

• Page 4, Line 2SECTION 3.  In Colorado Revised Statutes, 19-2.5-1407.3, amend (4)(b) and (4)(c) as follows:

• Page 4, Line 319-2.5-1407.3.  Appropriation to the department of human

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

• Page 4, Line 5appropriation. (4) (b)  Twenty-two temporary Thirty-nine emergency

• Page 4, Line 6detention beds are available statewide. A temporary An emergency

• Page 4, Line 7detention bed does not count toward the limit of juvenile detention beds

• Page 4, Line 8available pursuant to section 19-2.5-1514. The department shall annually

• Page 4, Line 9allocate and reallocate, as necessary, the number of temporary

• Page 4, Line 10emergency detention beds to each catchment area in the state created

• Page 4, Line 11pursuant to section 19-2.5-1513. A temporary An available emergency

• Page 4, Line 12detention bed within a judicial district's catchment area may be

• Page 4, Line 13made available to a judicial district pursuant to a court order issued

• Page 4, Line 14pursuant to, and subject to the restrictions set forth in, subsection (4)(c) of this section used by a judicial district in the catchment area if:

• Page 4, Line 15(I)  The judicial district is presented with a juvenile who

• Page 4, Line 16meets the criteria for detention pursuant to sections 19-2.5-303 and 19-2.5-304;

• Page 4, Line 17(II)  All available detention beds allocated to the judicial

• Page 4, Line 18district by the working group pursuant to section 19-2.5-1405 are fully utilized;

• Page 4, Line 19(III)  No nonemergency detention beds within the judicial

• Page 4, Line 20district's catchment area at the initial receiving juvenile detention facility are available;

• Page 4, Line 21(IV)  Each detention bed loaned by the judicial district to

• Page 5, Line 1another judicial district, as described in section 19-2.5-1405

• Page 5, Line 2(1)(b), has been reverted to the loaning judicial district, unless

• Page 5, Line 3doing so would require a juvenile to be transported to another facility; and

• Page 5, Line 4(V)  Services that would mitigate the substantial risk of

• Page 5, Line 5harm to others that are presented by the juvenile or the

• Page 5, Line 6juvenile's risk of flight from prosecution are unavailable for a

• Page 5, Line 7juvenile currently placed in detention in the judicial district as

• Page 5, Line 8demonstrated in the report pursuant to subsection (4)(c)(IV) of this section.

• Page 5, Line 9(c) (I)  The district attorney of a judicial district or a county

• Page 5, Line 10department of human or social services may petition the court no later

• Page 5, Line 11than the next business day after the juvenile is detained to exceed the

• Page 5, Line 12number of juvenile detention beds allocated to a judicial district pursuant

• Page 5, Line 13to section 19-2.5-1405 for the period of time before the detention hearing

• Page 5, Line 14for the juvenile who would utilize the requested temporary emergency detention bed, if:

• Page 5, Line 15(A)  When all statutorily available detention beds allocated to the

• Page 5, Line 16judicial district and any judicial district sharing the same facility are fully

• Page 5, Line 17utilized, the judicial district is presented with a juvenile who is charged

• Page 5, Line 18with committing a delinquent act who screens into detention based on the current detention screening instrument;

• Page 5, Line 19(B)  Each bed loaned by the judicial district to another judicial

• Page 5, Line 20district, as described in section 19-2.5-1405 (1)(b), has been relinquished to the loaning judicial district;

• Page 5, Line 21(C)  No detention beds are available within the judicial district's

• Page 5, Line 22catchment area; and

• Page 6, Line 1(D)  There are no available juvenile detention beds in any facility

• Page 6, Line 2within fifty miles of the initial receiving juvenile detention facility. This

• Page 6, Line 3subsection (4)(c)(I)(D) does not apply to a petition for a temporary

• Page 6, Line 4emergency detention bed if: The point of arrest of the juvenile was fifty

• Page 6, Line 5miles or more from the initial receiving juvenile detention facility; or if

• Page 6, Line 6the petition is for a juvenile to utilize a bed at the juvenile's initial

• Page 6, Line 7receiving facility when the juvenile is returned to the initial receiving

• Page 6, Line 8facility because the juvenile was utilizing a bed borrowed from another

• Page 6, Line 9judicial district and the borrowed bed is no longer available for use by the juvenile.

• Page 6, Line 10(II)  Upon receipt of a petition to exceed the number of juvenile

• Page 6, Line 11detention beds allocated to a judicial district filed pursuant to this

• Page 6, Line 12subsection (4)(c), a court shall issue an order permitting a judicial district

• Page 6, Line 13to exceed the number of juvenile detention beds allocated to the

• Page 6, Line 14catchment area up to the number of temporary emergency detention beds

• Page 6, Line 15allocated to the catchment area by the department if the court specifically finds that the following circumstances exist:

• Page 6, Line 16(A)  No detention beds are available in the catchment area;

• Page 6, Line 17(B)  There is a legal basis for detaining each juvenile who is

• Page 6, Line 18detained in the judicial district, which may include for each juvenile

• Page 6, Line 19screened that the detention screening instrument does not support release

• Page 6, Line 20because the juvenile presents a substantial risk of serious harm to others or is a flight risk from prosecution;

• Page 6, Line 21(C)  Services are not available for any juvenile currently placed in

• Page 6, Line 22detention in the judicial district that would mitigate the substantial risk of

• Page 6, Line 23serious harm to others presented by the juvenile or the juvenile's risk of

• Page 6, Line 24flight from prosecution; and

• Page 7, Line 1(D)  Other forms of community-based supervision for the

• Page 7, Line 2incoming juvenile are not sufficient to mitigate the substantial risk of

• Page 7, Line 3serious harm to others presented by the juvenile or the juvenile's risk of flight from prosecution.

• Page 7, Line 4(III)  If a detention bed within the judicial district's allocation that

• Page 7, Line 5is under the statewide detention bed cap becomes available, the juvenile

• Page 7, Line 6utilizing a temporary an emergency detention bed shall revert to the

• Page 7, Line 7nonemergency detention bed and the requirements in this subsection (4)

• Page 7, Line 8no longer apply. If a detention bed becomes available within the judicial

• Page 7, Line 9district's allocation or catchment area but at a different facility, the

• Page 7, Line 10juvenile may, at the discretion of the judicial district, remain in the

• Page 7, Line 11temporary emergency detention bed in lieu of transferring to the nonemergency detention bed in a different facility.

• Page 7, Line 12(IV)  On the fifth business day following the issuance or renewal

• Page 7, Line 13of each court order issued pursuant to this subsection (4)(c), if the

• Page 7, Line 14circumstances described in subsection (4)(c)(I) of this section exist and

• Page 7, Line 15the juvenile remains detained in the temporary emergency detention bed,

• Page 7, Line 16the person who filed the initial petition pursuant to subsection (4)(c)(I) of

• Page 7, Line 17this section, or the person's designee, shall inform the court that the

• Page 7, Line 18circumstances still exist and the juvenile remains detained in the

• Page 7, Line 19temporary emergency detention bed. At the time of informing the court,

• Page 7, Line 20the person shall also provide the court with updated information about the

• Page 7, Line 21circumstances the court is required to find pursuant to subsection

• Page 7, Line 22(4)(c)(II) of this section. Upon notification from the person, the court

• Page 7, Line 23shall hold a hearing to determine whether to renew the order. The court

• Page 7, Line 24may renew its order for an additional five days if it makes the findings

• Page 7, Line 25required in subsection (4)(c)(II) of this section for issuance of a court

• Page 8, Line 1order. Beginning August 15, 2025, the department shall report on

• Page 8, Line 2a monthly basis an aggregated report of the status of all youth

• Page 8, Line 3who are in detention and who are awaiting services that would

• Page 8, Line 4mitigate the substantial risk of harm to others that are

• Page 8, Line 5presented by the juvenile or the juvenile's risk of flight from

• Page 8, Line 6prosecution and the number of emergency beds used by each judicial district or facility.

• Page 8, Line 7SECTION 4.  In Colorado Revised Statutes, add 19-2.5-1407.5 as follows:

• Page 8, Line 819-2.5-1407.5. Juvenile placement survey and cost report -

• Page 8, Line 9repeal. (1)  On or before July 1, 2027, the division of youth

• Page 8, Line 10services shall publish a report concerning available placements

• Page 8, Line 11for juveniles who are awaiting mitigating services in the state. The report must include, at a minimum:

• Page 8, Line 12(a)  The number of available placements for juveniles who

• Page 8, Line 13are awaiting mitigating services, reported for the state as a whole and for each catchment area;

• Page 8, Line 14(b)  The number of each type of available placement for

• Page 8, Line 15juveniles who are awaiting mitigating services, reported for the state as a whole and for each catchment area;

• Page 8, Line 16(c)  Findings concerning challenges experienced in placing

• Page 8, Line 17juveniles in each type of placement for juveniles who are

• Page 8, Line 18awaiting mitigating services, including information concerning costs associated with each type of available placement; and

• Page 8, Line 19(d)  Findings and recommendations for legislation or

• Page 8, Line 20policy solutions to alleviate challenges identified pursuant to

• Page 8, Line 21completing the report.

• Page 9, Line 1(2)  The division of youth services shall work with

• Page 9, Line 2providers statewide to identify barriers to placing juveniles in

• Page 9, Line 3mitigating services and make recommendations to mitigate the barriers. Directives include examining, at a minimum:

• Page 9, Line 4(a)  Staffing required to coordinate potential placements; and

• Page 9, Line 5(b)  Identifying placement options and negotiation of daily rates.

• Page 9, Line 6(3)  On or before July 1, 2027, the division of youth services

• Page 9, Line 7shall provide its report to the house of representatives health

• Page 9, Line 8and human services committee and the senate health and human services committee, or their successor committees.

• Page 9, Line 9(4)  This section is repealed, effective July 1, 2028.

• Page 9, Line 10SECTION 5.  In Colorado Revised Statutes, add 19-2.5-1408.5 as follows:

• Page 9, Line 1119-2.5-1408.5.  Body-worn cameras - pilot program - report.

• Page 9, Line 12(1)  The division of youth services shall establish a pilot

• Page 9, Line 13program in one detention facility and one commitment facility

• Page 9, Line 14requiring each division of youth services staff member who is

• Page 9, Line 15responsible for direct supervision of youth to wear a body-worn

• Page 9, Line 16camera while in the facility while interacting with youth. After

• Page 9, Line 17the pilot program is established, the division of youth services

• Page 9, Line 18shall establish policies and procedures concerning body-worn

• Page 9, Line 19cameras, which are subject to review by the division of youth

• Page 9, Line 20services' policy review committee. The policies and procedures must address, at a minimum:

• Page 9, Line 21(a)  When body-worn cameras must be activated;

• (b)  The retention of body-worn camera footage; and

• Page 10, Line 1(c)  Access to body-worn camera footage, which must

• Page 10, Line 2ensure appropriate protections of youth privacy, including

• Page 10, Line 3compliance with laws and regulations and addresses access by

• Page 10, Line 4the office of the child protection ombudsman, youth, and youth's counsel who have alleged abuse.

• Page 10, Line 5(2)  In January of 2028, the department of human services

• Page 10, Line 6shall make a recommendation regarding whether to continue

• Page 10, Line 7and expand or eliminate the pilot program to the house of

• Page 10, Line 8representatives health and human services committee and the

• Page 10, Line 9senate health and human services committee, or their successor

• Page 10, Line 10committees, as part of the "SMART Act" presentation required pursuant to part 2 of article 7 of title 2.

• Page 10, Line 11SECTION 6.  In Colorado Revised Statutes, 19-2.5-703.5, amend (1) introductory portion as follows:

• Page 10, Line 1219-2.5-703.5.  Waiver of privilege - exchange of information -

• Page 10, Line 13admissibility of statements. (1)  When the court determines that a

• Page 10, Line 14juvenile is incompetent to proceed, any claim of confidentiality or

• Page 10, Line 15privilege by the juvenile or the juvenile's parent or legal guardian is

• Page 10, Line 16deemed waived within the case to allow the court and parties to determine

• Page 10, Line 17issues related to the juvenile's competency, restoration, and any

• Page 10, Line 18management plan developed by the court pursuant to section 19-2.5-704

• Page 10, Line 19(3). The district attorney, defense attorney, guardian ad litem, the

• Page 10, Line 20department, any competency evaluators, any restoration treatment

• Page 10, Line 21providers, bridges court liaisons, and the court are granted access, without written consent of the juvenile or further order of the court, to:

• Page 10, Line 22SECTION 7.  In Colorado Revised Statutes, 19-2.5-704, amend

• Page 10, Line 23(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 11, Line 119-2.5-704.  Procedure after determination of competency or

• Page 11, Line 2incompetency. (2.3)  If the court makes a final determination

• Page 11, Line 3pursuant to section 19-2.5-703 that the juvenile is incompetent

• Page 11, Line 4to proceed and the juvenile's highest charged act constitutes a

• Page 11, Line 5class 2 misdemeanor, a petty offense, a drug misdemeanor, or a

• Page 11, Line 6traffic offense, the court shall immediately dismiss the

• Page 11, Line 7delinquency petition or charges, as applicable, against the juvenile.

• Page 11, Line 8(2.5) (a)  If the court finds a juvenile is incompetent to proceed,

• Page 11, Line 9the juvenile's highest charged act is not included in the charges

• Page 11, Line 10specified in subsection (2.3) of this section, and the juvenile has been

• Page 11, Line 11incompetent to proceed for a period of time that exceeds the time limits

• Page 11, Line 12set forth in this subsection (2.5), the court shall enter a finding that the

• Page 11, Line 13juvenile is unrestorable to competency and shall determine whether a

• Page 11, Line 14management plan for the juvenile is necessary pursuant to subsection (3)(a) of this section. The time limits are as follows:

• Page 11, Line 15(I)  If the highest charged act constitutes a class 1 misdemeanor

• Page 11, Line 16a misdemeanor drug offense, a petty offense, or a traffic offense, or a

• Page 11, Line 17level 4 drug felony and the juvenile is not restored to competency after

• Page 11, Line 18a period of six months, the court shall find the juvenile unrestorable to competency;

• Page 11, Line 19(II)  If the highest charged act constitutes a class 4, 5, or 6 felony,

• Page 11, Line 20or a level 3 or 4 drug felony, and the juvenile is not restored to

• Page 11, Line 21competency after a period of one year, the court shall find the juvenile unrestorable to competency;

• Page 11, Line 22(3) (a)  If the court finally determines pursuant to section

• Page 11, Line 2319-2.5-703 or 19-2.5-703.5 that the juvenile is incompetent to proceed

• Page 12, Line 1and cannot be restored to competency in the reasonably foreseeable

• Page 12, Line 2future, the court shall enter an order finding the juvenile unrestorable to

• Page 12, Line 3competency and shall determine whether a case management plan for the

• Page 12, Line 4juvenile is necessary, taking into account the public safety and the best

• Page 12, Line 5interests of the juvenile. If the court determines a case management

• Page 12, Line 6plan is unnecessary, the court may continue any treatment or

• Page 12, Line 7plan already in place for the juvenile. If the court determines a

• Page 12, Line 8case management plan is necessary, the court shall must develop the

• Page 12, Line 9case management plan after ordering that the juvenile be placed or

• Page 12, Line 10continue placement in the least-restrictive environment, taking into

• Page 12, Line 11account the public safety and best interests of the juvenile. If the court

• Page 12, Line 12determines a management plan is unnecessary, the court may continue

• Page 12, Line 13any treatment or plan already in place for the juvenile. In order to

• Page 12, Line 14develop an appropriate case management plan, the court may

• Page 12, Line 15order any member of the juvenile's professional team to consult

• Page 12, Line 16with the juvenile, the juvenile's parent or legal guardian, or

• Page 12, Line 17other individuals, including the juvenile's defense attorney,

• Page 12, Line 18guardian ad litem, or treatment provider, to develop a proposed

• Page 12, Line 19management plan to present to the court for consideration. The

• Page 12, Line 20court shall notify any individual, organization, or agency that

• Page 12, Line 21is identified as responsible for the juvenile or responsible for

• Page 12, Line 22implementation of the management plan. The management plan

• Page 12, Line 23must, at a minimum, address treatment for the juvenile, identify the party

• Page 12, Line 24or parties responsible for the juvenile, and specify appropriate behavior

• Page 12, Line 25management tools if they the tools are not otherwise part of the juvenile's treatment.

• Page 12, Line 26(b)  The management plan may include:

• Page 12, Line 27(I)  Placement options included in article 10.5 or 65 of title 27;

• Page 13, Line 1(II)  A treatment plan developed by a licensed mental health professional;

• Page 13, Line 2(III)  An informed supervision model, upon the court finding

• Page 13, Line 3on the record supported by information that the underlying

• Page 13, Line 4charge is rationally related to the need for the use of an informed supervision model;

• Page 13, Line 5(IV)  Institution of a guardianship petition; or

• Page 13, Line 6(V)  Any other remedy deemed appropriate by the court deems rationally related to mitigating community safety concerns.

• Page 13, Line 7(b.5)  Notwithstanding subsection (3)(b) of this section, the management plan must not include:

• Page 13, Line 8(I)  Detention of the juvenile or commitment of the

• Page 13, Line 9juvenile to the division of youth services, a county jail,

• Page 13, Line 10community corrections, or the Colorado mental health institute at Pueblo; or

• Page 13, Line 11(II)  Work release.

• Page 13, Line 12(d)  Any entity responsible for connecting the juvenile to

• Page 13, Line 13services, service coordination, or case management may report

• Page 13, Line 14to the court on the juvenile's or the juvenile's parent's or legal

• Page 13, Line 15guardian's engagement in the services ordered in the

• Page 13, Line 16management plan. If the juvenile or the juvenile's parent or

• Page 13, Line 17legal guardian does not engage in the services ordered in the

• Page 13, Line 18management plan, the court may alter the management plan or

• Page 13, Line 19take other action as necessary and permitted by law, including,

• Page 13, Line 20but not limited to, referral to a local collaborative

• Page 13, Line 21management program, to the extent that a local collaborative

• Page 13, Line 22management program exists and provides case management

• Page 13, Line 23services; ordering a department of human services investigation

• Page 14, Line 1pursuant to section 19-3-501 (1); or filing a dependency and

• Page 14, Line 2neglect petition pursuant to section 19-3-501 (2)(b) if there is

• Page 14, Line 3current information that the juvenile has suffered abuse as

• Page 14, Line 4defined in section 19-1-103 and the best interests of the juvenile

• Page 14, Line 5require that the juvenile is protected from risk of further abuse.

• Page 14, Line 6SECTION 8.  In Colorado Revised Statutes, add part 28 to article 33.5 of title 24 as follows:

• Page 14, Line 7PART 28

• DEFLECTION AND COMMUNITY INVESTMENT

• Page 14, Line 8GRANT PROGRAM

• Page 14, Line 924-33.5-2801.  Short title.The short title of this part 28 is

• Page 14, Line 10the "Deflection and Community Investment Grant Program Act".

• Page 14, Line 1124-33.5-2802.  Definitions.As used in this part 28, unless the context otherwise requires:

• Page 14, Line 12(1)  "Area of high need" means:

• Page 14, Line 13(a)  A city or zip code with rates of youth arrest or

• Page 14, Line 14citation that are higher than the surrounding county average, based on available data; or

• Page 14, Line 15(b)  A city or zip code in a rural or urban community where

• Page 14, Line 16there is a disparity between the racial or ethnic composition of

• Page 14, Line 17the arrested or cited youth population and the racial or ethnic composition of the surrounding county population.

• Page 14, Line 18(2)  "Deflection" means an extrajudicial response to a

• Page 14, Line 19youth's conduct that is designed to prevent the youth's formal involvement or further involvement in the justice system.

• Page 14, Line 20(3)  "Deflection program" means a program that promotes

• Page 15, Line 1positive youth development by relying on deflection and aims to

• Page 15, Line 2divert youth from justice system involvement at the earliest possible point.

• Page 15, Line 3(4)  "Eligible applicant" means an eligible tribal

• Page 15, Line 4government, tribal organization, or nonprofit community-based

• Page 15, Line 5organization that meets the requirements of section 24-33.5-2805.

• Page 15, Line 6(5)  "Grant program" means the deflection and community investment grant program created in section 24-33.5-2803.

• Page 15, Line 7(6)  "Grant recipient" means an eligible applicant that the office selects to receive money through the grant program.

• Page 15, Line 8(7)  "Mixed-delivery system" means a system of adolescent

• Page 15, Line 9development and education support services delivered through

• Page 15, Line 10a combination of programs, providers, and settings that include

• Page 15, Line 11partnerships between community-based nonprofit organizations

• Page 15, Line 12and public agencies and that is supported with a combination of public and private funds.

• Page 15, Line 13(8)  "Nonprofit organization" means a tax-exempt

• Page 15, Line 14charitable or social welfare organization operating pursuant

• Page 15, Line 15to 26 U.S.C. sec. 501(c)(3) or 501(c)(4) of the federal "Internal Revenue Code of 1986".

• Page 15, Line 16(9)  "Office" means the office within the division of criminal justice that focuses on adult and juvenile justice assistance.

• Page 15, Line 17(10)  "Referring agency" means an organization, agency,

• Page 15, Line 18or department that refers youth to deflection programs,

• Page 15, Line 19including, but not limited to, an education, law enforcement, behavioral health, or public health entity.

• Page 15, Line 20(11)  "Trauma-informed" means an approach that involves

• Page 16, Line 1an understanding of adverse childhood experiences and that

• Page 16, Line 2responds to symptoms of chronic interpersonal trauma and traumatic stress across the lifespan of an individual.

• Page 16, Line 3(12)  "Youth" means a child, as defined in section 19-2.5-102, who is subject to:

• Page 16, Line 4(a)  A juvenile court's jurisdiction pursuant to section 19-2.5-103;

• Page 16, Line 5(b)  A county court's concurrent jurisdiction pursuant to section 19-2.5-103;

• Page 16, Line 6(c)  A county court's jurisdiction for a traffic offense; or

• (d)  A municipal court's jurisdiction.

• Page 16, Line 724-33.5-2803.  Deflection and community investment grant

• Page 16, Line 8program - created - policies. (1)  The deflection and community

• Page 16, Line 9investment grant program is created in the office within the

• Page 16, Line 10division of criminal justice. The purpose of the three-year

• Page 16, Line 11competitive grant program is to provide grants to eligible

• Page 16, Line 12applicants to implement a mixed-delivery system of

• Page 16, Line 13trauma-informed health and development deflection programs for youth, including Native American youth.

• Page 16, Line 14(2)  The office shall administer the grant program and,

• Page 16, Line 15subject to available appropriations, shall award grants as provided in this part 28.

• Page 16, Line 16(3)  Subject to public comment from directly impacted

• Page 16, Line 17stakeholders, the department may adopt policies for the administration of the grant program.

• Page 16, Line 1824-33.5-2804.  Office duties. (1)  The office has the following duties:

• Page 16, Line 19(a)  Develop a competitive application process, including

• Page 17, Line 1deadlines, for an eligible applicant to apply for a grant

• Page 17, Line 2consistent with the requirements of section 24-33.5-2805. Initial grant awards must be distributed no later than June 30, 2026.

• Page 17, Line 3(b)  Contract with a technical assistance provider

• Page 17, Line 4pursuant to section 24-33.5-2806 and a research and evaluation partner pursuant to section 24-33.5-2807; and

• Page 17, Line 5(c)  Support grantee data collection and analysis and

• Page 17, Line 6require grantees to demonstrate outcomes of the deflection programs that received a grant award.

• Page 17, Line 724-33.5-2805.  Application - eligibility - awards. (1)  To receive

• Page 17, Line 8a grant, an applicant must submit an application to the office in

• Page 17, Line 9accordance with any policies adopted by the executive director

• Page 17, Line 10of the department. At a minimum, the application must include the following information:

• Page 17, Line 11(a)  The types of deflection services that will be provided;

• Page 17, Line 12(b)  Verification that the applicant is serving an area of high need; and

• Page 17, Line 13(c)  An official letter from at least one referring agency

• Page 17, Line 14demonstrating the agency's intent to refer youth to the

• Page 17, Line 15deflection program to provide the youth with trauma-informed

• Page 17, Line 16health and development services in lieu of warning, citation, or

• Page 17, Line 17arrest. For regional applications described in subsection (2)(c)

• Page 17, Line 18of this section, letters of intent are required for each jurisdiction proposed in the application.

• Page 17, Line 19(2) (a)  To be eligible to receive a grant, an applicant must be:

• Page 17, Line 20(I)  A nonprofit organization;

• Page 17, Line 21(II)  A federally recognized Indian tribe, as defined in 25 U.S.C. sec. 1603 (14);

• Page 18, Line 1(III)  A tribal organization, as defined in 25 U.S.C. sec. 1603 (26);

• Page 18, Line 2(IV)  An urban Indian organization, as defined in 25 U.S.C. sec. 1603 (29); or

• Page 18, Line 3(V)  A private entity whose board of directors is majority

• Page 18, Line 4controlled by Native Americans and that is fiscally sponsored by a nonprofit organization.

• Page 18, Line 5(b)  To be eligible to receive a grant, an applicant must be

• Page 18, Line 6a nongovernmental entity, with the exception of a tribal

• Page 18, Line 7government applicant, and must not be a law enforcement or probation entity.

• Page 18, Line 8(c)  Applicants from two or more local jurisdictions may

• Page 18, Line 9jointly apply for a grant award to deliver deflection program

• Page 18, Line 10services on a regional basis and may receive a joint grant award

• Page 18, Line 11that is the aggregate of the amount each individual eligible

• Page 18, Line 12applicant would have received had each individual eligible applicant applied independently.

• Page 18, Line 13(3)  The office shall review the applications received

• Page 18, Line 14pursuant to this section. In awarding grants, the office shall

• Page 18, Line 15give priority to eligible applicants in communities, including rural communities, that:

• Page 18, Line 16(a)  Deflect youth at the earliest possible point of justice system involvement;

• Page 18, Line 17(b)  Serve otherwise under-resourced communities;

• Page 18, Line 18(c)  Employ individuals who have lived experience as a youth in the justice system; or

• Page 18, Line 19(d)  Demonstrate experience effectively serving youth

• Page 19, Line 1populations who are justice-system-involved or at risk of system involvement.

• Page 19, Line 2(4) (a)  Subject to available appropriations, on or before

• Page 19, Line 3June 30 each year of the grant program, the office shall

• Page 19, Line 4distribute grants as provided in this section. The office shall

• Page 19, Line 5award at least two hundred thousand dollars but not more

• Page 19, Line 6than one million dollars to an individual grantee over the course of the three-year grant program.

• Page 19, Line 7(b) (I)  Subject to available appropriations, the office

• Page 19, Line 8shall distribute grant awards in three equal annual installments, as follows:

• Page 19, Line 9(A)  The first installment must be distributed on the first day of the grant contract;

• Page 19, Line 10(B)  The second installment must be distributed no later than the first day of the second year of the grant contract; and

• Page 19, Line 11(C)  The third installment must be distributed no later than the first day of the third year of the grant contract.

• Page 19, Line 12(II)  Distribution of the second and third installments is

• Page 19, Line 13contingent on the grantee fulfilling the grant obligations and reporting requirements pursuant to section 24-33.5-2807.

• Page 19, Line 14(5) (a)  A grantee shall use a grant award to deliver

• Page 19, Line 15deflection program services in areas of high need. A grantee

• Page 19, Line 16shall provide deflection services that are evidence-based,

• Page 19, Line 17research-supported, or grounded in practice-based evidence;

• Page 19, Line 18trauma-informed; culturally relevant; gender-responsive; and developmentally appropriate.

• Page 19, Line 19(b)  A grantee shall deliver one or more of the following

• Page 19, Line 20deflection program services:

• Page 20, Line 1(I)  Educational services, including remedial and college preparatory academic services;

• Page 20, Line 2(II)  Career development services, including employment

• Page 20, Line 3preparation, vocational training, internships, and apprenticeships;

• Page 20, Line 4(III)  Restorative justice services, including culturally rooted programming;

• Page 20, Line 5(IV)  Mentoring services, including services that rely on

• Page 20, Line 6credible messengers whose lived experience is similar to the experience of the youth being served;

• Page 20, Line 7(V)  Mental health services, including culturally rooted healing practices;

• Page 20, Line 8(VI)  Behavioral health services, including substance use education and treatment;

• Page 20, Line 9(VII)  Housing services, including permanent, short-term, and emergency housing services;

• Page 20, Line 10(VIII)  Personal development and leadership training services; or

• Page 20, Line 11(IX)  Prosocial activities, including cultural enrichment programs and services.

• Page 20, Line 1224-33.5-2806.  Technical assistance provider. (1)  The office

• Page 20, Line 13shall contract with a technical assistance provider to support

• Page 20, Line 14implementation of the grant program and to build grantee

• Page 20, Line 15capacity to deliver deflection program services. Prior to

• Page 20, Line 16developing and disseminating grant program application

• Page 20, Line 17materials, the office shall solicit and receive input from the

• Page 20, Line 18contracted technical assistance provider in developing the

• Page 20, Line 19grant program application materials. In selecting a technical

• Page 21, Line 1assistance provider, the office shall prioritize organizations

• Page 21, Line 2that employ people who have lived experience as a youth in the justice system.

• Page 21, Line 3(2)  The technical assistance provider shall demonstrate experience in all the following areas:

• Page 21, Line 4(a)  Developmental research and identifying best practices

• Page 21, Line 5for serving youth involved in, and youth at risk of involvement

• Page 21, Line 6in, the justice system, including children who have experienced

• Page 21, Line 7commercial sexual exploitation and youth in the dependency system;

• Page 21, Line 8(b)  Research on systems that refer youth to the justice

• Page 21, Line 9system, including the education, immigration, and child welfare systems, and research on best practices for referrals;

• Page 21, Line 10(c)  Presenting and disseminating best practices on alternatives to incarceration and justice system involvement;

• Page 21, Line 11(d)  Working with and supporting community-based

• Page 21, Line 12organizations serving youth involved in, and youth at risk of involvement in, the justice system in Colorado;

• Page 21, Line 13(e)  Collaborating with justice system stakeholders;

• Page 21, Line 14(f)  Working with and supporting Native American organizations and communities; and

• Page 21, Line 15(g)  Working with justice-system-involved youth and communities and elevating youth leadership.

• Page 21, Line 16(3)  The technical assistance provider shall:

• Page 21, Line 17(a)  Provide input to the office regarding the development of the grant program's grant application materials;

• Page 21, Line 18(b)  Support grantees in establishing and maintaining

• Page 21, Line 19relationships with justice system and community stakeholders,

• Page 22, Line 1including public agencies, tribal governments and communities,

• Page 22, Line 2nonprofit organizations, and youth and families most impacted by the justice system;

• Page 22, Line 3(c)  Provide grantees with training and support in

• Page 22, Line 4implementing best practices and trauma-informed, culturally

• Page 22, Line 5relevant, gender-responsive, and developmentally appropriate approaches to serving youth;

• Page 22, Line 6(d)  Create peer learning opportunities for grantees to learn from and alongside one another;

• Page 22, Line 7(e)  In collaboration with the research and evaluation

• Page 22, Line 8partner selected pursuant to section 24-33.5-2807, provide

• Page 22, Line 9grantees with administrative and technical support to support

• Page 22, Line 10compliance with applicable data reporting and program

• Page 22, Line 11evaluation requirements, and with applicable laws, including laws around confidentiality and deflection eligibility; and

• Page 22, Line 12(f)  Provide the research and evaluation partner selected

• Page 22, Line 13pursuant to section 24-33.5-2807 with input regarding the

• Page 22, Line 14development of deflection program evaluation processes and metrics.

• Page 22, Line 1524-33.5-2807.  Evaluation - reporting requirements. (1)  The

• Page 22, Line 16office shall contract with a research and evaluation partner

• Page 22, Line 17to conduct a statewide evaluation of the grant program and

• Page 22, Line 18associated youth outcomes over the three-year grant period.

• Page 22, Line 19The office shall solicit and receive input from the contracted

• Page 22, Line 20research and evaluation partner in developing the grant

• Page 22, Line 21program application materials. The research and evaluation

• Page 22, Line 22partner must have a demonstrated commitment to working with

• Page 22, Line 23communities impacted by the justice system.

• (2)  The research and evaluation partner shall:

• Page 23, Line 1(a)  Develop a common assessment instrument for use by

• Page 23, Line 2grantees to assess the outcomes and impact of services provided to youth;

• Page 23, Line 3(b)  Design a central data repository to standardize grantee data collection and reporting; and

• Page 23, Line 4(c)  Support grantees with using the common assessment instrument and the central data repository.

• Page 23, Line 5(3)  The office shall provide the research and evaluation

• Page 23, Line 6partner with relevant, existing data for the purposes of

• Page 23, Line 7measuring outcomes. Measured outcomes may include, but are not limited to:

• Page 23, Line 8(a)  Reductions in law enforcement responses to youth

• Page 23, Line 9conduct involving low-level offenses, court caseloads and

• Page 23, Line 10processing costs, days youth spent in detention, placement of

• Page 23, Line 11youth in congregate care, and school and placement disruptions;

• Page 23, Line 12(b)  Reductions in the number of school suspensions and expulsions;

• Page 23, Line 13(c)  Improvements in youth health and well-being, housing

• Page 23, Line 14and community stability, educational attainment, prosocial

• Page 23, Line 15activity, and connections to employment opportunities and mentorship; and

• Page 23, Line 16(d)  Projected state and local cost savings as a result of the deflection programming.

• Page 23, Line 17(4)  The office shall make available on its website a report

• Page 23, Line 18of grantees, projects, and outcomes at the state and local

• Page 23, Line 19levels within one hundred eighty days of completion of the grant program.

• Page 24, Line 1(5)  Notwithstanding section 24-1-136 (11)(a)(I), on or

• Page 24, Line 2before December 31, 2026, and each December 31 thereafter for

• Page 24, Line 3the duration of the grant program, the office shall submit a

• Page 24, Line 4report to the house of representatives judiciary committee and

• Page 24, Line 5the senate judiciary committee, or their successor committees,

• Page 24, Line 6about the grant program. At a minimum, the report must include

• Page 24, Line 7the number and amount of grants awarded since the last report

• Page 24, Line 8and a summary of information concerning the impact of the

• Page 24, Line 9mixed delivery system of deflection programs for youth, including Native American youth.

• Page 24, Line 1024-33.5-2808.  No disclosure of participant records.Records

• Page 24, Line 11related to the participation of a youth or a youth's family in the

• Page 24, Line 12deflection program pursuant to this part 28 are not subject to disclosure to a prosecuting attorney.

• Page 24, Line 1324-33.5-2809.  Funding for grant program. (1)  The general

• Page 24, Line 14assembly shall annually appropriate the necessary funds to the department for use by the office for the purposes of this part 28.

• Page 24, Line 15(2)  The office may use up to twenty-three and one-half percent of the money annually appropriated, as follows:

• Page 24, Line 16(a)  Up to three percent of the money annually

• Page 24, Line 17appropriated pursuant to subsection (1) of this section to pay for

• Page 24, Line 18the direct and indirect costs that the office incurs to administer the grant program;

• Page 24, Line 19(b)  Up to three percent of the money annually

• Page 24, Line 20appropriated pursuant to subsection (1) of this section to

• Page 24, Line 21contract with a research and evaluation partner and the

• Page 24, Line 22office's own grant program evaluation-related costs;

• Page 25, Line 1(c)  Up to seven and one-half percent of the money

• Page 25, Line 2annually appropriated pursuant to subsection (1) of this section

• Page 25, Line 3to contract with a technical assistance provider and the

• Page 25, Line 4office's own technical assistance-related costs in connection with the grant program; and

• Page 25, Line 5(d)  Up to ten percent of the money annually appropriated

• Page 25, Line 6pursuant to subsection (1) of this section for grant awards to deflection programs targeting Native American youth.

• Page 25, Line 7(3)  The office may use the remaining money annually

• Page 25, Line 8appropriated for the grant program for grant awards to youth deflection programs.

• Page 25, Line 9 (4)  The office may seek, accept, and expend gifts, grants,

• Page 25, Line 10or donations from private or public sources for the purposes of this part 28.

• Page 25, Line 1124-33.5-2810.  Repeal of part.This part 28 is repealed, effective January 1, 2031.

• Page 25, Line 12SECTION 9.  Effective date. This act takes effect July 1, 2025.

• Page 25, Line 13SECTION 10.  Safety clause. The general assembly finds,

• Page 25, Line 14determines, and declares that this act is necessary for the immediate

• Page 25, Line 15preservation of the public peace, health, or safety or for appropriations for

• Page 25, Line 16the support and maintenance of the departments of the state and state institutions.