EXHIBIT A - CYDC (SB94) STATUTES.DOCX.PDF - CDHSCP Solicitation Request Documents - 8_25_2026 - 67661102 - - 163907.00.pdf
PDF 118 KB Posted
- Attached to
- RFP for JD22 Fiscal Agent
- Solicitation number
- RFP IKAA 2027000040 1
- Issued by
- Pueblo County, Colorado
About this file
This document is an exhibit containing Colorado Revised Statutes (C.R.S.) that govern the Colorado Youth Detention Center (CYDC) program established under Senate Bill 94. The statutes outline the legislative framework for juvenile justice services across Colorado's judicial districts, establishing requirements for local juvenile services planning committees, preadjudication service programs, and detention bed allocation. Key statutes include provisions for creating local juvenile services planning committees in each judicial district to develop resource allocation plans, establishing criteria for placement of juvenile offenders, and creating preadjudication service programs that provide community-based supervision alternatives to detention. The statutes enumerate multiple supervision methods available under preadjudication release, including electronic monitoring, drug testing, mental health treatment, and day reporting programs. The Department of Human Services is designated as the administering agency responsible for allocating appropriated moneys to each judicial district based on a formula developed by a working group composed of representatives from the Department of Human Services, judicial department, Department of Public Safety, district attorneys council, and law enforcement representatives.
The statutes establish a statewide juvenile detention bed cap of 479 beds, with specific allocation procedures to each catchment area and judicial district based on factors such as population and juvenile offense incidence. Judicial districts are prohibited from exceeding their allocated bed capacity except in circumstances defined by the working group, which must develop emergency release guidelines and placement guidelines to ensure compliance. Each judicial district is required to develop an annual plan to manage its allocated detention beds in accordance with these guidelines. The statutes specify that moneys appropriated through the formula established in Section 19-2-212 shall be expended in each judicial district for services intended to prevent detention, reduce detention length, or support alternative sentencing options. Juveniles committed to the Department of Human Services shall not be placed in detention beds unless subject to an active proceeding under article 3 of the title, and sentencing provisions establish limitations on detention periods based on offense classification.
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Text version
Exhibit A
CYDC/Senate Bill 94 Statutes
CYDC/Senate Bill is guided by the Colorado Revised Statutes. Statutes govern planning, policy, detention cap and other requirements. Cites are summarized here:
19-2-211 C.R.S. - Local juvenile services planning committee - creation -duties.
If all of the boards of commissioners of each county or the city council of each city and county in a judicial district agree, there shall be created in such judicial district a local juvenile services planning committee that shall be appointed by the chief judge of the judicial district or, for the second judicial district, the presiding judge of the Denver juvenile court from persons recommended by the boards of commissioners of each county or the city council of each city and county within the judicial district. The committee, if practicable, shall include but not be limited to a representative from the county department of social services, a local school district, a local law enforcement agency, a local probation department, the division of youth corrections, private citizens, the district attorney's office, and the public defender's office and a community mental health representative and a representative of the concerns of municipalities. The committee, if created, shall meet as necessary to develop a plan for the allocation of resources for local juvenile services within the judicial district for the fiscal year. The Department of Human Services shall approve such plan. A local juvenile services planning committee may be consolidated with other local advisory boards pursuant to section 24-1.7-103, C.R.S.
19-2-212 C.R.S. Working group for criteria for placement of juvenile offenders -establishment of formula - review of criteria.
(1) The executive director of the Department of Human Services and the state court administrator of the judicial department, or any designees of such persons, in consultation with the Division of Criminal Justice of the Department of Public Safety, the Office of State Planning and Budgeting, the Colorado district attorneys council, law enforcement representatives, and representatives of local and county governments, shall form a working group that shall carry out the following duties:
(a) To establish a set of criteria for both detention and commitment for the purposes of determining which juvenile offenders are appropriate for placement in the physical or legal custody of the Department of Human Services. Such criteria shall conform to section 19-2-508.
This set of criteria, when adopted by the Department of Human Services and the judicial department, shall be used to promote a more uniform system of determining which juveniles should be placed in the physical custody of the Department of Human Services or in the legal custody of the Department of Human Services so that decisions for such placement of a juvenile are made based upon a uniform set of criteria throughout the state. In developing such set of criteria, the working group shall utilize any existing risk scale devised by the Department of Human Services or any other measures to determine when it is appropriate to place a juvenile in the physical custody of the Department of Human Services or in the legal custody of the Department of Human Services. The working group established pursuant to this subsection (1) shall hold a meeting once each year to review and propose revision to the criteria established pursuant to this paragraph (a) and the formula created pursuant to paragraph (b) of this subsection (1).
(b) To establish a formula for the purpose of allocating funds by each judicial district in the State of Colorado for alternative services to placing juveniles in the physical custody of the Department of Human Services or in the legal custody of the Department of Human Services.
Such allocation shall take into consideration such factors as the population of the judicial district, the incidence of offenses committed by juveniles in such judicial district, and such other factors as deemed appropriate. The working group shall consider and take into account whether any federal moneys or matching funds are available to cover the costs of juveniles within the system, including parent fees and third-party reimbursement as authorized by law or reimbursements under Title IV-E of the federal "Social Security Act", as amended.
(2) Of the members of the working group established pursuant to subsection (1) of this section, the executive director of the Department of Human Services and the state court administrator of the judicial department, or any designees of such persons, shall have final authority to carry out the duty of creating the set of criteria pursuant to paragraph (a) of subsection (1) of this section and creating the formula pursuant to paragraph (b) of subsection (1) of this section. This authority shall be exercised after working with and participating in the working group process established in this section.
19-2-302 C.R.S. - Preadjudication service program created - community advisory board established - duties of board.
(1) The chief judge to any judicial district may issue an order that any juvenile who applies for preadjudication release be evaluated for placement by a preadjudication service program established pursuant to this section. In evaluating the juvenile, the service agency shall follow criteria for the placement of a juvenile established pursuant to section 19-2-212 C.R.S. Upon evaluation, the service agency shall make a recommendation to the court concerning placement of the juvenile with a preadjudication service program.
(2) Any county or city and county or judicial district in the state may establish a preadjudication service program for use by the district court for the county or city and county or judicial district.
Such program shall be established in accordance with a local justice plan developed pursuant to section 19-2-211C.R.S.
(3) The local justice plan shall provide for the assessment of juveniles taken into custody and detained by law enforcement officers, which assessment shall be based on criteria for the placement of juveniles established pursuant to section 19-2-212 C.R.S., so that relevant information may be presented to the judge presiding over the detention hearing. The information provided to the court through the screening process, which information shall include the record of any prior adjudication of the juvenile, is intended to enhance the court's ability to make a more appropriate detention and bond decision, based on facts relative to the juvenile's welfare or the juvenile's risk of danger to the community.
(4) The plan may include different methods and levels of community-based supervision as conditions for pre-adjudication release. The plan may provide for the use of the same supervision methods that have been established for adult defendants as a pretrial release method to reduce pretrial incarceration or that have been established as sentencing alternatives for juvenile or adult offenders placed on probation or parole. The use of such supervision methods is intended to reduce pre-adjudication detentions without sacrificing the protection of the community from juveniles who may be risks to the public. The plan may provide for the use of any of the following supervision methods as conditions of pre-adjudication release:
(a) Periodic telephone communications with the juvenile;
(b) Periodic office visits by the juvenile to the pre-adjudication service agency;
(c) Periodic home visits to the juvenile's home;
(d) Periodic drug testing of the juvenile;
(e) Periodic visits to the juvenile's school;
(f) Mental health or substance abuse treatment for the juvenile, which treatment may include residential treatment;
(g) Domestic violence or child abuse counseling for the juvenile, if applicable;
(h) Electronic monitoring of the juvenile;
(i) Work release for the juvenile, if school attendance is not applicable or appropriate under the circumstances; or
(j) Juvenile day reporting and day treatment programs.
19-2-310 C.R.S. - Appropriations to Department of Human services for Services to juveniles.
The general assembly shall appropriate moneys for the provision of services to juveniles to the Department of Human Services which shall allocate such moneys by each judicial district in the state. Such appropriation and allocation shall be made based upon the formula developed in section 19-2-212 (1) (b) C.R.S.. The Department of Human Services shall administer such appropriated moneys. The moneys appropriated to the Department of Human Services for allocation by each judicial district shall be expended in such judicial district by the Department of Human Services for services to juveniles that are intended to prevent the juvenile from being held in detention prior to adjudication, sentenced to detention, or committed to the Department of Human Services or to reduce the length of time the juvenile is held in preadjudication or postadjudication detention or held in a commitment facility operated under section 19-2-403 C.R.S.. If a judicial district has a local juvenile services planning committee, the expenditure of moneys for juvenile services in such judicial district shall be made in accordance with the plan developed pursuant to section 19-2- 211C.R.S..
19-2-911 C.R.S. - Sentencing - alternative services - detention.
( l ) Except as otherwise provided in section 19-2-601C.R.S. for an aggravated juvenile offender and except as provided in subsection (2) of this section, the court may sentence the juvenile to alternative services funded through section l 9-2-212 C.R.S. or other alternative services programs. If a juvenile who is twelve years of age or older fails to make satisfactory progress in the alternative services to which he or she is sentenced or if the court finds that a sentence to alternative services would be contrary to the community interest, the court may sentence any juvenile adjudicated for an offense that would constitute a class 3, class 4, class 5, or class 6 felony or misdemeanor if committed by an adult to detention for a period not to exceed forty-five days. Release for purposes of work, therapy, education, or other good cause may be granted by the court. The court may not sentence to detention any juvenile adjudicated for an offense that would constitute a class l or class 2 felonies if committed by an adult.
(2) In the case of a juvenile who has been adjudicated a juvenile delinquent for the commission of one of the misdemeanor offenses described in section 19-2-508 (3) (a) (III) (C) C.R.S. the court shall sentence the juvenile to a minimum mandatory period of detention of not less than five days.
Detention Cap Statutes
19-2-1201 C.R.S. – Juvenile detention bed cap.
For the fiscal year 2003-04 and each fiscal year thereafter, the number of available juvenile detention beds statewide shall be limited to four hundred seventy-nine.
19-2-1202 C.R.S. –Working group – allocation of beds.
The executive director of the Department of Human Services and the state court administrator in the judicial department, or a designee of such persons, in consultation with the division of criminal justice in the department of public safety, the office of state planning and budgeting, the Colorado district attorneys council, and law enforcement representatives shall form a working group which shall carry out the following duties:
(a) The working group established pursuant to this subsection (1) shall annually allocate the number of juvenile detention beds to each catchment area in the state created pursuant to section 19-2-402.5 C.R.S., based on the number of juvenile beds established pursuant to section 19-2-1201 C.R.S. Once the allocation of the juvenile detention beds is made to the catchment areas, the working group shall allocate detention beds within the catchment areas to the judicial districts within each catchment area. Judicial districts shall not exceed the number of beds allocated to them except for circumstances provided for in paragraph (b) of this subsection (1).
(b) The working group shall develop a mechanism for judicial districts within the same catchment area to loan detention beds to other judicial districts within the catchment area in cases of need.
The working group shall develop emergency release guidelines that shall be used by each judicial district to prevent placement of a juvenile in a juvenile detention facility in excess of the number of beds allocated to the judicial district.
The working group shall develop juvenile detention placement guidelines for each judicial district to use in complying with the number of juvenile detention beds allocated to the judicial district.
19-2-1203 C.R.S. Judicial districts – plans for the cap.
Each judicial district shall annually develop a plan to manage the limit on the number of juvenile detention beds allocated to the judicial district by the working group pursuant to section 19-2-1202 (1) (a) C.R.S. The judicial district shall consider the emergency release guidelines and placement guidelines developed pursuant to section 19-2-1202 C.R.S. in its annual plan to manage the limit. The annual plan developed by the judicial district shall ensure the judicial district does not exceed the number of juvenile detention beds allocated to it pursuant to section 19-2-1202 C.R.S.
19-2-1204 C.R.S. Use of juvenile detention beds.
A juvenile committed to the department of human services pursuant to article 3 of this title shall not be placed in a juvenile detention bed unless the juvenile is subject to an action proceeding under this article.
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