1. (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. (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:

   1. (a) Community-based outpatient therapeutic services, including mental and behavioral health services, family therapy services, and substance use treatment and therapy;
   2. (b) Mentorship services for youth, including ensuring continuity of mentorship services after a youth is released from detention; and

   3. (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:

      1. (I) Support for a grandparent, kin, or other suitable person for care of a juvenile released to the person's care;
      2. (II) Support for foster parents;
      3. (III) Recruitment of foster parents; and
      4. (IV) Respite child care.
3. (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. (4)

   1. (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.

   2. (b) Thirty-nine emergency detention beds are available statewide. An emergency detention bed does not count toward the limit of juvenile detention beds available pursuant to section 19-2.5-1514. The department shall allocate and reallocate, as necessary, the number of emergency detention beds to each catchment area in the state created pursuant to section 19-2.5-1513. An available emergency detention bed within a judicial district's catchment area may be used by a judicial district in the catchment area if:

      1. (I) The judicial district is presented with a juvenile who meets the criteria for detention pursuant to sections 19-2.5-303 and 19-2.5-304;
      2. (II) All available detention beds allocated to the judicial district by the working group pursuant to section 19-2.5-1405 are fully utilized;
      3. (III) No nonemergency detention beds within the judicial district's catchment area at the initial receiving juvenile detention facility are available;
      4. (IV) Each detention bed loaned by the judicial district to another judicial district, as described in section 19-2.5-1405 (1)(b), has been reverted to the loaning judicial district, unless doing so would require a juvenile to be transported to another facility; and
      5. (V) Services that would mitigate the substantial risk of harm to others that are presented by the juvenile or the juvenile's risk of flight from prosecution are unavailable for a juvenile currently placed in detention in the judicial district as demonstrated in the report pursuant to subsection (4)(c)(IV) of this section.

   3. (c)

      1. (I) and (II) (Deleted by amendment, L. 2025).
      2. (III) If a detention bed within the judicial district's allocation becomes available, the juvenile utilizing an 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 allocation or catchment area but at a different facility, the juvenile may, at the discretion of the judicial district, remain in the emergency detention bed in lieu of transferring to the nonemergency detention bed in a different facility.
      3. (IV) Beginning August 15, 2025, the department shall report on a monthly basis an aggregated report of the status of all youth who are in detention and who are awaiting services that would mitigate the substantial risk of harm to others that are presented by the juvenile or the juvenile's risk of flight from prosecution and the number of emergency beds used by each judicial district or facility.
5. (5) Repealed.

Source: L. 2023: Entire section added, (HB 23-1307), ch. 442, p. 2584, § 2, effective June 7. L. 2025: (4)(b) and (4)(c) amended, (HB 25-1146), ch. 358, p. 1932, § 3, effective July 1.

Editor's note: Subsection (5)(b) provided for the repeal of subsection (5), effective June 30, 2024. (See L. 2023, p. 2584.)

Cross references: For the legislative declaration in HB 23-1307, see section 1 of chapter 442, Session Laws of Colorado 2023.