Juvenile Detention Services And Funding

The act requires the general assembly to annually appropriate $3,340,119 to the department of human services (department) for services for youth who are detained or can be placed in lieu of detention. Of the money, the department shall:

• Allocate $200,000 to judicial districts for services for detained youth and supports for youth moving from detention to treatment or other placements;
• Use $1,780,137 to incentivize and remove barriers for licensed providers to serve youth who may be placed in community residential facilities or family-like settings in lieu of detention; and
• Use $1,359,982 of the money for temporary emergency detention beds for juveniles.

Existing law limits the number of juvenile detention beds available for juveniles statewide, which are allocated to catchment areas. The act establishes 22 temporary emergency detention beds that may be used, pursuant to a court order, when there are no available beds in a judicial district's catchment area. The act establishes the process for a court to order the use of a temporary emergency detention bed. Temporary emergency detention beds do not count toward the statewide juvenile detention bed limit. If a juvenile detention bed within a judicial district's allocation becomes available, the act requires a juvenile utilizing a temporary bed to revert to the nonemergency detention bed.

A court is required to appoint, at a juvenile's detention hearing, a guardian ad litem for each detained juvenile. The appointment terminates upon the release of the juvenile from detention unless the court finds a basis for continuing appointment pursuant to other state law.

The act requires the working group for criteria for placement of juvenile offenders, known as the CYDC working group, to review data collected by the division of youth services annually rather than every 2 years.

The department is required to collect statewide data about:

• Youth eligible for release from a detention facility without an additional court order if services or placements are available for the youth;
• The use of temporary emergency detention beds; and
• Youth released from detention solely because the number of youth detained statewide exceeds the statewide detention bed cap.

The act requires the department to annually report the statewide data to the CYDC working group, the house of representatives and senate judiciary committees, the house of representatives public and behavioral health and human services committee, and the senate health and human services committee, or any successor committees.

The act requires the CYDC working group to conduct a study to determine the best method to collect and report data and information concerning youth released from detention because a detention bed was unavailable.

For fiscal year 2023-24, the act appropriates $3,340,119 from the general fund to the department. The department may use the appropriation as follows: $1,174,816 for use by the division of youth services (DYS) for program administration related to institutional programs; $11,792 for use by DYS for medical services related to institutional programs; $300,816 for use by DYS for certain programs related to community programs; $1,780,137 for use by the division of child welfare for community provider incentives; and $72,558 for use by the division of child welfare for Colorado's statewide automated child welfare information system (TRAILS). The act also appropriates $463,000 from the general fund to the judicial department for use by the office of the child's representative for court-appointed counsel.

APPROVED by Governor June 7, 2023

EFFECTIVE June 7, 2023
(Note: This summary applies to this bill as enacted.)