Juvenile Detention Bed Cap

Under current law, there exists a working group formed by the department of human services and the state court administrator in the judicial department to perform various duties related to the allocation of juvenile detention beds. The act amends these duties.

Under current law, 22 emergency detention beds are available statewide. The act expands this to 39 emergency detention beds available statewide.

The act requires the department of human services to publish a monthly report concerning the status of all youth who are in detention and 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.

The act requires the division of youth services to:

• Publish a report by July 1, 2027, concerning available placements for juveniles who are awaiting mitigating services in the state; and
• Establish a pilot program for certain staff members to wear a body-worn camera while in a facility while interacting with youth.

The act requires a court to dismiss a delinquency petition or charges against a juvenile if the court determines that the juvenile is incompetent to proceed and the highest charged act constitutes a class 2 misdemeanor, petty offense, drug misdemeanor, or traffic offense. The act amends and expands considerations for a juvenile's case management plan, if the court determines that a juvenile is incompetent to proceed.

The act creates the deflection and community investment grant program in the division of criminal justice to provide grants to eligible applicants to implement a mixed-delivery system of trauma-informed health and development deflection programs for youth, including Native American youth. The grant program repeals on January 1, 2031.

For the 2025-26 state fiscal year, the act:

• Appropriates $6,854,420 from the general fund to the department of human services to implement the act;
• Reappropriates $122,279 of general funds to the department of education to the department of human services for use by the division of youth services to implement the act;
• Appropriates $437,264 from the general fund to the department of public safety for use by the division of criminal justice to implement the act; and
• Appropriates $2,708,316 from the general fund to the department of public safety for use by the division of criminal justice for the deflection and community investment grant program.
  (Note: This summary applies to this bill as enacted.)