Senate Bill 26-014 Introduced

A Bill for an Act

• Page 1, Line 101Concerning modifications to the affirmative defense of not

• Page 1, Line 102guilty by reason of insanity.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)

Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems. Current law requires the defense to furnish a copy of any report of examination of the defendant that is made at the instance of the defense to the prosecution in a reasonable amount of time in advance of trial. The bill requires a copy of the report to also be furnished to the court who, upon receipt of the copy, shall provide a copy to the department of human services.

The bill authorizes community placement of a defendant for treatment and rehabilitation.

The bill clarifies the legal standard for a defendant's conditional or unconditional release from the department.

The bill makes technical corrections.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 16-8-108, amend (2)

• Page 2, Line 3as follows:

• Page 2, Line 416-8-108.  Examination at instance of defendant.

• Page 2, Line 5(2)  A copy of any report of examination of the defendant made at

• Page 2, Line 6the instance of the defense shall must be furnished to the court and the

• Page 2, Line 7prosecution in a reasonable time in advance of trial. Upon receipt of the

• Page 2, Line 8report of examination, the court shall provide a copy of the

• Page 2, Line 9report to the department of human services.

• Page 2, Line 10SECTION 2.  In Colorado Revised Statutes, 16-8-115, amend

• Page 2, Line 11(1)(a)(I) and add (1)(b.5) as follows:

• Page 2, Line 1216-8-115.  Release from commitment after verdict of not guilty

• Page 2, Line 13by reason of insanity or not guilty by reason of impaired mental

• Page 2, Line 14condition - definitions.

• Page 2, Line 15(1) (a) (I)  Upon an initial commitment following a finding of not

• Page 2, Line 16guilty by reason of insanity pursuant to section 16-8-105.5 (4)(b), or upon

• Page 2, Line 17delaying final entry of the finding of not guilty by reason of insanity

• Page 2, Line 18pursuant to section 16-8.5-105.5 (4)(a) section 16-8-105.5 (4)(a), the

• Page 2, Line 19court shall schedule an initial release hearing no later than one hundred

• Page 2, Line 20twenty days after the initial commitment. The court shall order the

• Page 2, Line 21department of human services to complete a release examination no later

• Page 2, Line 22than thirty days prior to the initial release hearing. The defendant may

• Page 3, Line 1request an additional release examination by a medical expert in mental

• Page 3, Line 2health disorders of the defendant's choosing pursuant to section 16-8-108.

• Page 3, Line 3The court may continue the hearing beyond one hundred and twenty days

• Page 3, Line 4upon a finding of good cause or if necessary to conduct a second

• Page 3, Line 5evaluation of the defendant.

• Page 3, Line 6(b.5)  At any unconditional release hearing for a

• Page 3, Line 7defendant who is on any conditional release, if any evidence is

• Page 3, Line 8introduced that shows the defendant is ineligible for

• Page 3, Line 9conditional release, the defendant has the burden of proving by

• Page 3, Line 10a preponderance of the evidence that the defendant meets the

• Page 3, Line 11applicable test for unconditional release pursuant to section

• Page 3, Line 1216-8-120. If the court finds the defendant eligible for

• Page 3, Line 13unconditional release, the court shall order the unconditional

• Page 3, Line 14release of the defendant. If the court finds the defendant

• Page 3, Line 15ineligible for unconditional release, the court shall continue

• Page 3, Line 16the conditional release and may impose or modify such terms

• Page 3, Line 17and conditions as the court determines are in the best interest

• Page 3, Line 18of the defendant and the community.

• Page 3, Line 19SECTION 3.  In Colorado Revised Statutes, amend 16-8-117 as

• Page 3, Line 20follows:

• Page 3, Line 2116-8-117.  Advisement on matters to be determined.

• Page 3, Line 22When a determination is to be made as to a defendant's eligibility

• Page 3, Line 23for conditional or unconditional release, the court shall explain to

• Page 3, Line 24the defendant the nature and consequences of the proceeding and the

• Page 3, Line 25rights of the defendant pursuant to this section, including the defendant's

• Page 3, Line 26right to a jury trial upon the question of eligibility for conditional or

• Page 3, Line 27unconditional release. The defendant if the defendant wishes to contest

• Page 4, Line 1the question, may request a hearing that must be granted as a matter of

• Page 4, Line 2right. At the hearing, the defendant and the prosecuting attorney are

• Page 4, Line 3entitled to be present in person, to examine any reports of examination or

• Page 4, Line 4other matter to be considered by the court as bearing upon the

• Page 4, Line 5determination, to introduce evidence, summon witnesses, cross-examine

• Page 4, Line 6witnesses for the other side or the court, and to make opening and closing

• Page 4, Line 7statements and argument. The court may examine or cross-examine any

• Page 4, Line 8witness called by the defendant or prosecuting attorney and may summon

• Page 4, Line 9and examine witnesses on its own motion.

• Page 4, Line 10SECTION 4.  In Colorado Revised Statutes, 16-8-118, amend (1)

• Page 4, Line 11introductory portion, (1)(a), (2)(a) introductory portion, (2)(a.5), (2)(b),

• Page 4, Line 12(2)(c), and (2)(d)(I) as follows:

• Page 4, Line 1316-8-118.  Temporary removal and community placement for

• Page 4, Line 14treatment and rehabilitation.

• Page 4, Line 15(1)  The chief officer of the institution where a defendant has been

• Page 4, Line 16committed under pursuant to this article 8 or article 8.5 of this title 16,

• Page 4, Line 17or the chief officer's designee, may authorize treatment and rehabilitation

• Page 4, Line 18activities involving community placement of the defendant or

• Page 4, Line 19temporary physical removal of the defendant from the institution where

• Page 4, Line 20the defendant has been placed, if prior to the authorization the following

• Page 4, Line 21procedures are carried out:

• Page 4, Line 22(a)  The chief officer, or the chief officer's designee, shall give

• Page 4, Line 23written notice by certified mail, with return receipt requested, to the

• Page 4, Line 24committing court and the district attorney that on or after thirty-five days

• Page 4, Line 25from the date of mailing the notice, the chief officer, or the chief officer's

• Page 4, Line 26designee, will authorize treatment and rehabilitation activities involving

• Page 4, Line 27community placement of the defendant or temporary physical

• Page 5, Line 1removal of the defendant from the institution, unless the chief officer,

• Page 5, Line 2or the chief officer's designee, receives written objections to the

• Page 5, Line 3authorization are received by the chief officer, or the chief officer's

• Page 5, Line 4designee, within thirty-five days from after the date of mailing the

• Page 5, Line 5notice.

• Page 5, Line 6(2) (a)  A court shall order any a defendant who receives treatment

• Page 5, Line 7and rehabilitation activities involving community placement of the

• Page 5, Line 8defendant or temporary physical removal of the defendant from the

• Page 5, Line 9institution to register with the local law enforcement agency of the

• Page 5, Line 10jurisdiction in which where the defendant resides if the court finds that:

• Page 5, Line 11(a.5)  A court may order any a defendant who receives treatment

• Page 5, Line 12and rehabilitation activities involving community placement of the

• Page 5, Line 13defendant or temporary physical removal of the defendant from the

• Page 5, Line 14institution to register with the local law enforcement agency of the

• Page 5, Line 15jurisdiction where the defendant resides if the court finds that the chief

• Page 5, Line 16officer of the institution where the defendant has been committed, or the

• Page 5, Line 17chief officer's designee, recommends registration based on information

• Page 5, Line 18obtained from the defendant during the course of treatment that indicates

• Page 5, Line 19the defendant has committed an offense involving unlawful sexual

• Page 5, Line 20behavior.

• Page 5, Line 21(b)  Prior to community placement or temporary physical

• Page 5, Line 22removal from the institution of any a defendant who is required to

• Page 5, Line 23register pursuant to this subsection (2), the department of human services

• Page 5, Line 24shall obtain from the defendant the address where the defendant plans to

• Page 5, Line 25reside and the department shall notify the local law enforcement agency

• Page 5, Line 26of the jurisdiction where the defendant plans to reside and the Colorado

• Page 5, Line 27bureau of investigation as provided in section 16-8-115 (4)(c).

• Page 6, Line 1(c)  Any A defendant required to register pursuant to this

• Page 6, Line 2subsection (2) shall register as provided in section 16-8-115 (4). The local

• Page 6, Line 3law enforcement agency shall transmit any registrations received pursuant

• Page 6, Line 4to this subsection (2) to the Colorado bureau of investigation within three

• Page 6, Line 5business days following after receipt. The Colorado bureau of

• Page 6, Line 6investigation shall include any registration information received pursuant

• Page 6, Line 7to this section in the central registry established pursuant to section

• Page 6, Line 816-22-110 and shall specify that the information applies to a defendant

• Page 6, Line 9required to register as a condition of community placement or

• Page 6, Line 10temporary physical removal from an institution. The forms completed by

• Page 6, Line 11defendants a defendant required to register pursuant to this subsection

• Page 6, Line 12(2) shall be are confidential and shall not be are not open to inspection

• Page 6, Line 13except as otherwise provided in section 16-8-115 (3)(e) for information

• Page 6, Line 14pertaining to persons granted conditional release and except as provided

• Page 6, Line 15for release of information to the public pursuant to sections 16-22-110 (6)

• Page 6, Line 16and 16-22-112.

• Page 6, Line 17(d) (I)  Any A defendant required to register pursuant to this

• Page 6, Line 18subsection (2), upon completion of a period of not less than twenty years

• Page 6, Line 19from after the date the defendant begins receiving treatment and

• Page 6, Line 20rehabilitation activities involving community placement of the

• Page 6, Line 21defendant or temporary physical removal of the defendant from the

• Page 6, Line 22institution, may petition the district court for an order that discontinues

• Page 6, Line 23the requirement for such registration and removes the defendant's name

• Page 6, Line 24from the central registry established pursuant to section 16-22-110. The

• Page 6, Line 25court may issue such an order only if the court makes written findings of

• Page 6, Line 26fact that the defendant has neither been convicted nor found not guilty by

• Page 6, Line 27reason of insanity of an offense involving unlawful sexual behavior

• Page 7, Line 1subsequent to such the community placement or temporary removal

• Page 7, Line 2and that the defendant would not pose an undue threat to the community

• Page 7, Line 3if allowed to live in the community without registration.

• Page 7, Line 4SECTION 5.  In Colorado Revised Statutes, 16-8-120, add (5) as

• Page 7, Line 5follows:

• Page 7, Line 616-8-120.  Applicable tests for release.

• Page 7, Line 7(5)  As to a person charged with a crime allegedly

• Page 7, Line 8committed on or after July 1, 2026:

• Page 7, Line 9(a)  The standard for unconditional release from

• Page 7, Line 10commitment is: The defendant has no abnormal mental condition

• Page 7, Line 11that would be likely to cause the defendant to be dangerous to

• Page 7, Line 12the defendant's self or others or to the community in the

• Page 7, Line 13reasonably foreseeable future, and the defendant is capable of

• Page 7, Line 14distinguishing right from wrong and has substantial capacity to

• Page 7, Line 15conform the defendant's conduct to requirements of law.

• Page 7, Line 16(b)  The standard for conditional release from

• Page 7, Line 17commitment is: Without the imposition of conditions, the

• Page 7, Line 18defendant is ineligible for release, but with the imposition of

• Page 7, Line 19conditions, the defendant has no abnormal mental condition

• Page 7, Line 20that would be likely to cause the defendant to be dangerous to

• Page 7, Line 21the defendant's self or others or to the community in the

• Page 7, Line 22reasonably foreseeable future, and the defendant is capable of

• Page 7, Line 23distinguishing right from wrong and has substantial capacity to

• Page 7, Line 24conform the defendant's conduct to the requirements of law.

• Page 7, Line 25SECTION 6.  Safety clause. The general assembly finds,

• Page 7, Line 26determines, and declares that this act is necessary for the immediate

• Page 7, Line 27preservation of the public peace, health, or safety or for appropriations for

• Page 8, Line 1the support and maintenance of the departments of the state and state

• Page 8, Line 2institutions.