A federal lawsuit says Colorado unconstitutionally holds young people in state custody past their authorized release dates.

The lawsuit, filed Wednesday in U.S. District Court in Colorado by disability and youth advocates on behalf of plaintiffs, says state officials responsible for finding placement outside of incarceration for youths accused of crimes have not been able to do so. The extra time youths spend in detention centers due to a lack of placement options adversely affects the youths’ rehabilitation, according to the lawsuit. The two plaintiffs are youths between age 10 and 18 with disabilities who need additional support.

“Youth with disabilities are among the most vulnerable in detention facilities and face some of the greatest harm when systems fail,” Emily Harvey, co-legal director for Disability Law Colorado, which is co-representing the plaintiffs, said in a statement. “This lawsuit underscores Colorado’s failure to provide the community-based services these children need.”

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The lawsuit says Colorado officials have publicly acknowledged the inadequacies of the state’s youth detention services for years but have taken no action to improve conditions. Youth detention centers are highly restrictive and punitive environments similar to county jails and deprive youth of their liberties, according to the complaint. 

Organizations supporting the lawsuit include Disability Law Colorado, the American Civil Liberties Union, national advocacy group Children’s Rights and law firm Ropes & Gray. Defendants include Colorado Governor Jared Polis and Michelle Barnes, the Colorado Department of Human Services executive director.

A statement from the department said that while it cannot comment on specifics of the case, the Division of Youth Services’ top priority is the safety and security of youth in the department’s care. It says youth stay in the division’s care “until at least all court-ordered requirements are fulfilled.”

The plaintiffs, identified as Isaac N. and Tony S. in the lawsuit, have not been convicted of any crimes but remained in state custody for several weeks after a judge deemed them releasable. Both were charged with juvenile delinquency.

Isaac, 17, has remained incarcerated two months after a judge ordered him returned to the community. He has witnessed staff use force to restrain other youths in custody and racial slurs against youth, the lawsuit says. He is diagnosed with post-traumatic stress disorder and attention-deficit/hyperactivity disorder. He wants to finish high school and pursue a trade.

Tony, 12, has been in detention for six months after a judge deemed him releasable because the state has not been able to find him an appropriate foster home. He is in legal custody of the Department of Human Services, which is responsible for placing him in a home. He is diagnosed with autism spectrum disorder as well as a medical condition that causes “cognitive impairments, behavioral issues, and development delays,” according to the lawsuit.

Colorado law says children cannot be placed in detention solely because of a lack of other supervision alternatives, according to the lawsuit.

The lawsuit, which proposes a class action, says the plaintiffs’ incarceration violates their rights under the 14th Amendment, the Americans with Disabilities Act and the Rehabilitation Act of 1973. It seeks court action declaring their rights have been violated and requiring defendants to develop and implement clear procedures to ensure timely release for plaintiffs and class members.

No hearings have been scheduled in the case yet. It has been assigned to Magistrate Judge Cyrus Chung.