Colorado § 19-2.5-304 - Limitations on detention.

§ 19-2.5-304. Limitations on detention.

(1) Detention is not permitted for the following:

(a) Juveniles who have not committed, or have not been accused of committing, a delinquent act unless otherwise found in contempt of court;

(b) Delinquent and nondelinquent juveniles who have been placed in the legal custody of a county department of human or social services pursuant to a petition in dependency or neglect and are solely awaiting out-of-home placement;

(c) Juveniles who at admission require medical care, are intoxicated, or are under the influence of drugs, to an extent that custody of the juvenile is beyond the scope of the detention facility's medical service capacity;

(d) Juveniles who are solely assessed as suicidal or exhibit behavior placing them at imminent risk of suicide; and

(e) Juveniles who have not committed a delinquent act but present an imminent danger to self or others or appear to be gravely disabled as a result of a mental health disorder or an intellectual and developmental disability.

(2) A juvenile court shall not order a juvenile who is ten years of age and older but less than thirteen years of age to detention unless the juvenile has been arrested for a felony or weapons charge pursuant to section 18-12-102, 18-12-105, 18-12-106, or 18-12-108.5. A preadjudication service program created pursuant to section 19-2.5-606 shall evaluate a juvenile described in this subsection (2). The evaluation may result in the juvenile:

(a) Remaining in the custody of a parent or legal guardian;

(b) Being placed in the temporary legal custody of kin, for purposes of a kinship foster care home or noncertified kinship care placement, as defined in section 19-1-103, or other suitable person under such conditions as the court may impose;

(c) Being placed in a temporary shelter facility; or

(d) Being referred to a local county department of human or social services for assessment for placement.

(3) A juvenile shall not be placed in detention solely:

(a) Due to lack of supervision alternatives, service options, or more appropriate facilities;

(b) Due to the community's inability to provide treatment or services;

(c) Due to a lack of supervision in the home or community;

(d) In order to allow a parent, guardian, or legal custodian to avoid legal responsibility;

(e) Due to a risk of the juvenile's self-harm;

(f) In order to attempt to punish, treat, or rehabilitate the juvenile;

(g) Due to a request by a victim, law enforcement, or the community;

(h) In order to permit more convenient administrative access to the juvenile;

(i) In order to facilitate further interrogation or investigation; or

(j) As a response to technical violations of probation unless the results of a detention screening instrument indicate that the juvenile poses a substantial risk of serious harm to others or if the applicable graduated responses system adopted pursuant to section 19-2.5-1108 allows for such a placement.

(4) The placement of a juvenile in a state-owned psychiatric residential treatment facility, as defined in section 26-6-903, is not considered detention for the purposes of this section.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 578, § 2, effective October 1. L. 2025: (4) added, (HB 25-1172), ch. 155, p. 627, § 2, effective August 6.

Editor's note: This section is similar to former § 19-2-507.5 as it existed prior to 2021.