Section 19-2.5-1407.3 - Appropriation to the department of human services - allocation to judicial districts - provider incentives - temporary emergency detention beds(1) For state fiscal year 2023-24, and for each state fiscal year thereafter, the general assembly shall appropriate three million three hundred forty thousand one hundred nineteen dollars from the general fund to the department for youth who are detained or can be placed in lieu of detention.(2) Of the money appropriated pursuant to subsection (1) of this section, the department shall allocate two hundred thousand dollars for use by the division of youth services to support services for youth who are detained or can be placed in lieu of detention. The division may use the money for any of the following: (a) Community-based outpatient therapeutic services, including mental and behavioral health services, family therapy services, and substance use treatment and therapy;(b) Mentorship services for youth, including ensuring continuity of mentorship services after a youth is released from detention; and(c) Supports to assist with moving youth who require out-of-home placement quickly from detention to the out-of-home placement, including, but not limited to: (I) Support for a grandparent, kin, or other suitable person for care of a juvenile released to the person's care;(II) Support for foster parents;(III) Recruitment of foster parents; and(3) Of the money appropriated pursuant to subsection (1) of this section, the department shall use one million seven hundred eighty thousand one hundred thirty-seven dollars to provide incentives 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. In order to be eligible to receive an incentive or other funding pursuant to this subsection (3), a provider must be licensed to provide or operate any of the following: Temporary shelter, as defined in section 19-1-103; a residential child care facility, as defined in section 26-6-903; a qualified residential treatment program, as defined in section 26-5.4-102; a psychiatric residential treatment facility, as defined in section 25.5-4-103; therapeutic foster care or treatment foster care, as each is defined in section 26-6-903; or a foster care home, as defined in section 26-6-903 (10).(4)(a) Of the money appropriated pursuant to subsection (1) of this section, the department shall use one million three hundred fifty-nine thousand nine hundred eighty-two dollars for the provision of temporary emergency detention beds described in subsection (4)(b) of this section.(b) Twenty-two temporary emergency detention beds are available statewide. A temporary emergency detention bed does not count toward the limit of juvenile detention beds available pursuant to section 19-2.5-1514. The department shall annually allocate the number of temporary emergency detention beds to each catchment area in the state created pursuant to section 19-2.5-1513. A temporary emergency detention bed may be made available to a judicial district pursuant to a court order issued pursuant to, and subject to the restrictions set forth in, subsection (4)(c) of this section.(c)(I) The district attorney of a judicial district or a county department of human or social services may petition the court no later than the next business day after the juvenile is detained to exceed the number of juvenile detention beds allocated to a judicial district pursuant to section 19-2.5-1405 for the period of time before the detention hearing for the juvenile who would utilize the requested temporary emergency detention bed, if:(A) When all statutorily available detention beds allocated to the judicial district and any judicial district sharing the same facility are fully utilized, the judicial district is presented with a juvenile who is charged with committing a delinquent act who screens into detention based on the current detention screening instrument;(B) Each bed loaned by the judicial district to another judicial district, as described in section 19-2.5-1405 (1)(b), has been relinquished to the loaning judicial district;(C) No detention beds are available within the judicial district's catchment area; and(D) There are no available juvenile detention beds in any facility within fifty miles of the initial receiving juvenile detention facility. This subsection (4)(c)(I)(D) does not apply to a petition for a temporary emergency detention bed if: The point of arrest of the juvenile was fifty miles or more from the initial receiving juvenile detention facility; or if the petition is for a juvenile to utilize a bed at the juvenile's initial receiving facility when the juvenile is returned to the initial receiving facility because the juvenile was utilizing a bed borrowed from another judicial district and the borrowed bed is no longer available for use by the juvenile.(II) Upon receipt of a petition to exceed the number of juvenile detention beds allocated to a judicial district filed pursuant to this subsection (4)(c), a court shall issue an order permitting a judicial district to exceed the number of juvenile detention beds allocated to the catchment area up to the number of temporary emergency detention beds allocated to the catchment area by the department if the court specifically finds that the following circumstances exist: (A) No detention beds are available in the catchment area;(B) There is a legal basis for detaining each juvenile who is detained in the judicial district, which may include for each juvenile screened that the detention screening instrument does not support release because the juvenile presents a substantial risk of serious harm to others or is a flight risk from prosecution;(C) Services are not available for any juvenile currently placed in detention in the judicial district that would mitigate the substantial risk of serious harm to others presented by the juvenile or the juvenile's risk of flight from prosecution; and(D) Other forms of community-based supervision for the incoming juvenile are not sufficient to mitigate the substantial risk of serious harm to others presented by the juvenile or the juvenile's risk of flight from prosecution.(III) If a detention bed within the judicial district's allocation that is under the statewide detention bed cap becomes available, the juvenile utilizing a temporary emergency detention bed shall revert to the nonemergency detention bed and the requirements in this subsection (4) no longer apply. If a detention bed becomes available within the judicial district's catchment area but at a different facility, the juvenile may, at the discretion of the judicial district, remain in the temporary emergency detention bed in lieu of transferring to the nonemergency detention bed in a different facility.(IV) On the fifth business day following the issuance or renewal of each court order issued pursuant to this subsection (4)(c), if the circumstances described in subsection (4)(c)(I) of this section exist and the juvenile remains detained in the temporary emergency detention bed, the person who filed the initial petition pursuant to subsection (4)(c)(I) of this section, or the person's designee, shall inform the court that the circumstances still exist and the juvenile remains detained in the temporary emergency detention bed. At the time of informing the court, the person shall also provide the court with updated information about the circumstances the court is required to find pursuant to subsection (4)(c)(II) of this section. Upon notification from the person, the court shall hold a hearing to determine whether to renew the order. The court may renew its order for an additional five days if it makes the findings required in subsection (4)(c)(II) of this section for issuance of a court order.Added by 2023 Ch. 442,§ 2, eff. 6/7/2023.Subsection (5)(b) provided for the repeal of subsection (5), effective June 30, 2024. (See L. 2023, p. 2584.)
For the legislative declaration in HB 23-1307, see section 1 of chapter 442, Session Laws of Colorado 2023.