House Committee of Reference Report
Committee on Appropriations
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All text that will be removed from the bill will be indicated by strikethrough as follows:
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This is text that is removed from law. -
Text that is added to a bill will be indicated by either all capitals or bold & italic as follows:
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- This all capitals text would be added to law.
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May 1, 2026
After consideration on the merits, the Committee recommends the following:
SB26-149 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend reengrossed bill, page 60, line 3, strike "may," and substitute
Page 1, Line 2"shall,".
Page 1, Line 3Page 60, strike lines 26 and 27.
Page 1, Line 4Page 61, strike lines 1 and 2 and substitute:
Page 1, Line 5"(2) (a) Except when the city and county of Denver has
Page 1, Line 6exclusive original jurisdiction over the appointment of a
Page 1, Line 7guardian pursuant to section 9 (3) of article VI of the state
Page 1, Line 8constitution, any interested person, including the defendant's
Page 1, Line 9attorney, may petition the criminal court for the appointment
Page 1, Line 10of an emergency guardian pursuant to section 15-14-312 by filing
Page 1, Line 11a petition into the criminal case that satisfies the requirements
Page 1, Line 12of section 15-14-312.
Page 1, Line 13(b) If the city and county of Denver does not have
Page 1, Line 14exclusive original jurisdiction over the appointment of a
Page 1, Line 15guardian pursuant to section 9 (3) of article VI of the state
Page 1, Line 16constitution, the court shall have jurisdiction over the petition
Page 1, Line 17and shall appoint an emergency guardian to the defendant upon
Page 1, Line 18satisfaction of the requirements of section 15-14-312 and this
Page 1, Line 19subsection (2).
Page 1, Line 20(c) At the next scheduled hearing in the presence of the
Page 1, Line 21defendant following the filing of a petition pursuant to section
Page 1, Line 2215-14-312, the court shall notify the defendant that a petition
Page 1, Line 23for emergency guardianship has been filed into the case
Page 1, Line 24pursuant to section 15-14-312 and advise the defendant of the
Page 1, Line 25following:
Page 2, Line 1(I) The authority that would be granted to the emergency
Page 2, Line 2guardian if the petition is granted;
Page 2, Line 3(II) The defendant's right to contest the appointment of
Page 2, Line 4an emergency guardian at a hearing; and
Page 2, Line 5(III) The defendant's right to a free attorney if the
Page 2, Line 6defendant chooses to contest the appointment of an emergency
Page 2, Line 7guardian.
Page 2, Line 8(d) Notwithstanding section 15-14-312, the court:
Page 2, Line 9(I) Shall not appoint an attorney to represent the
Page 2, Line 10defendant for the purpose of contesting the appointment of an
Page 2, Line 11emergency guardian unless the defendant wishes to contest the
Page 2, Line 12appointment and has not retained an attorney for that purpose;
Page 2, Line 13and
Page 2, Line 14(II) Is not required to provide the defendant further
Page 2, Line 15notice of the petition beyond what is required in this subsection
Page 2, Line 16(2).
Page 2, Line 17(e) The court shall not appoint the office of state public
Page 2, Line 18defender or the office of alternate defense counsel to
Page 2, Line 19represent a criminal defendant related to the appointment of an
Page 2, Line 20emergency guardian or a matter related to guardianship.".
Page 2, Line 21Renumber succeeding subsections accordingly.
Page 2, Line 22Page 62, line 8, strike "(3)(a)(II)" and substitute "(4)(a)(II)".
Page 2, Line 23Page 63, line 4, strike "(4)(a)(I)" and substitute "(5)(a)(I)".
Page 2, Line 24Page 64, line 13, strike "(3)(a)(I)" and substitute "(4)(a)(I)".
Page 2, Line 25Page 64, line 21, strike "(3) and (5)" and substitute "(4) and (6)".
Page 2, Line 26Page 65, line 26, strike "(7)," and substitute "(8),".
Page 2, Line 27Page 66, line 1, strike "(3)" and substitute "(4)".
Page 2, Line 28Page 66, lines 2 and 3, strike "(7)(b) or (6)(c)" and substitute "(8)(b) or
Page 2, Line 29(8)(c)".
Page 2, Line 30Page 66, line 4, strike "(5)(a)" and substitute "(6)(a)".
Page 2, Line 31Page 66, line 6, strike "(7)," and substitute "(8),".
Page 2, Line 32Page 66, line 12, strike "(3) or (5)" and substitute "(4) or (6)".
Page 3, Line 1Page 66, line 15, strike "(3) or (5)" and substitute "(4) or (6)".
Page 3, Line 2Page 67, line 2, strike "(9)" and substitute "(10)".
Page 3, Line 3Page 69, strike line 6 and substitute "section 16-8.5-117 (2).".
Page 3, Line 4Page 84, after line 20 insert:
Page 3, Line 5"(18) CDHS shall publicly post on CDHS's website the
Page 3, Line 6following information on a quarterly basis:
Page 3, Line 7(a) The actual and projected number of persons who are
Page 3, Line 8incompetent and unrestorable and who are or may be placed in
Page 3, Line 9CDHS's custody for a civil commitment or enhanced protective
Page 3, Line 10placement; and
Page 3, Line 11(b) The actual and projected costs that CDHS will or may
Page 3, Line 12incur for services related to CDHS's obligations pursuant to
Page 3, Line 13sections 27-65-201 and 25.5-10-507.".
Page 3, Line 14Renumber succeeding subsection accordingly.
Page 3, Line 15Page 131, line 6, after "(1)(i)" insert "and (1)(j)".
Page 3, Line 16Page 131, line 22, strike "and".
Page 3, Line 17Page 131, strike lines 23 through 26 and substitute:
Page 3, Line 18"(i) Information regarding certifications for short-term
Page 3, Line 19outpatient treatment filed pursuant to section 27-65-109.5,
Page 3, Line 20including:
Page 3, Line 21(I) The number of signed outpatient certifications:
Page 3, Line 22(A) That identified a designated provider to hold the
Page 3, Line 23outpatient certification;
Page 3, Line 24(B) That did not identify a designated provider initially
Page 3, Line 25but identified a designated provider within seven days after the
Page 3, Line 26signed outpatient certification was filed;
Page 3, Line 27(C) That did not identify a designated provider initially
Page 3, Line 28but identified a provider more than seven days after the signed
Page 3, Line 29outpatient certification was filed;
Page 3, Line 30(D) That did not identify a designated provider and a
Page 3, Line 31provider was never designated;
Page 3, Line 32(II) The average amount of time it took to identify a
Page 3, Line 33designated provider to hold the outpatient certification if a
Page 3, Line 34designated provider was not initially identified but was later
Page 4, Line 1identified; and
Page 4, Line 2(III) Any available information on the frequency and
Page 4, Line 3reasons for denials and barriers to identifying a designated
Page 4, Line 4provider to hold outpatient certifications; and
Page 4, Line 5(j) Information regarding the frequency of denials and
Page 4, Line 6barriers to placements identified by CDHS when providing care
Page 4, Line 7coordination pursuant to section 27-65-108.5. CDHS shall
Page 4, Line 8provide this information to the BHA at least annually.".
Page 4, Line 9Page 138, strike lines 16 through 26 and substitute:
Page 4, Line 10"(a) The provider's opinion about whether the respondent
Page 4, Line 11is appropriately placed and meets the criteria for termination
Page 4, Line 12of the civil commitment pursuant to section 27-65-202;".
Page 4, Line 13Page 140, line 2, strike "commitment." and substitute "commitment,
Page 4, Line 14but the court shall not require a provider to submit progress
Page 4, Line 15reports more frequently than every ninety days.".
Page 4, Line 16Page 140, strike line 4 and substitute "order CDHS to facilitate an
Page 4, Line 17examination by a professional person".
Page 4, Line 18Page 140, line 10, strike "27-65-202." and substitute "27-65-202, unless
Page 4, Line 19CDHS has facilitated a similar examination of the respondent in
Page 4, Line 20the past one hundred twenty days.".
Page 4, Line 21Page 141, line 6, after "(2)" insert "(a)".
Page 4, Line 22Page 141, after line 16 insert:
Page 4, Line 23"(b) The determination reported pursuant to subsection
Page 4, Line 24(2)(a) of this section must include:
Page 4, Line 25(I) The treatment provider's opinion that the respondent
Page 4, Line 26meets the criteria for termination of the civil commitment
Page 4, Line 27pursuant to subsection (1) of this section;
Page 4, Line 28(II) An assessment of the respondent's risk of harm to
Page 4, Line 29others; and
Page 4, Line 30(III) Specific facts and evidence supporting each opinion in
Page 4, Line 31the report, including a summary of the materials reviewed,
Page 4, Line 32assessments conducted, and other bases of opinions rendered.".
Page 4, Line 33Page 142, line 19, after "evaluation." insert "The cost of the
Page 4, Line 34independent evaluation must be paid for by the requesting
Page 5, Line 1party.".
Page 5, Line 2Page 153, strike lines 14 through 24 and substitute:
Page 5, Line 3"(11) (a) Unless an appropriate provider has already been
Page 5, Line 4identified and is willing to accept the protective placement, the
Page 5, Line 5court shall notify HCPF regarding the need for care
Page 5, Line 6coordination.
Page 5, Line 7(b) Once HCPF is notified pursuant to subsection (11)(a) of
Page 5, Line 8this section, HCPF shall make diligent efforts to find a provider
Page 5, Line 9for the respondent, assist with intensive coordination, and
Page 5, Line 10mitigate barriers to appropriate placement. HCPF shall
Page 5, Line 11collaborate and coordinate with other state executive
Page 5, Line 12agencies, law enforcement, the court, the parties, community
Page 5, Line 13partners, regional accountable entities, and case management
Page 5, Line 14agencies to identify an appropriate placement for the
Page 5, Line 15respondent, which placement is subject to medicaid
Page 5, Line 16reimbursement.
Page 5, Line 17(c) The case management agency must provide case
Page 5, Line 18management services, as defined in section 25.5-6-1702.
Page 5, Line 19(d) HCPF shall keep the court informed, in writing, of
Page 5, Line 20efforts made to find an appropriate placement for the
Page 5, Line 21respondent.".
Page 5, Line 22Page 155, line 18, strike "The department of health care policy and
Page 5, Line 23financing," and substitute "HCPF,".
Page 5, Line 24Page 155, line 19, strike "a" and substitute "an appropriate".
Page 5, Line 25Page 156, line 15, strike "BHA for".
Page 5, Line 26Page 156, strike lines 16 through 20 and substitute "provider or
Page 5, Line 27placement identified pursuant to subsection (1)(b) of this
Page 5, Line 28section.".
Page 5, Line 29Page 158, line 7, strike "BHA" and substitute "court".
Page 5, Line 30Page 158, line 21, strike "the BHA" and substitute "HCPF".
Page 5, Line 31Page 166, strike lines 2 through 12 and substitute:
Page 5, Line 32"(a) The provider's opinion about whether the respondent
Page 5, Line 33is appropriately placed and meets the criteria for termination
Page 6, Line 1of the enhanced protective placement pursuant to section
Page 6, Line 225.5-10-508;".
Page 6, Line 3Page 167, strike line 17 and substitute "placement, but the court
Page 6, Line 4shall not require a provider to submit progress reports more
Page 6, Line 5frequently than every ninety days.".
Page 6, Line 6Page 167, strike line 19 and substitute "order CDHS to facilitate an
Page 6, Line 7examination by a professional person".
Page 6, Line 8Page 167, line 25, strike "25.5-10-508." and substitute "25.5-10-508,
Page 6, Line 9unless CDHS has facilitated a similar examination of the
Page 6, Line 10respondent in the past one hundred twenty days.".
Page 6, Line 11Page 168, line 21, after "(2)" insert "(a)".
Page 6, Line 12Page 169, after line 4 insert:
Page 6, Line 13"(b) The determination reported pursuant to subsection
Page 6, Line 14(2)(a) of this section must include:
Page 6, Line 15(I) The treatment provider's opinion that the respondent
Page 6, Line 16meets the criteria for termination of the enhanced protective
Page 6, Line 17placement pursuant to subsection (1) of this section;
Page 6, Line 18(II) An assessment of the respondent's risk of harm to
Page 6, Line 19others; and
Page 6, Line 20(III) Specific facts and evidence supporting each opinion in
Page 6, Line 21the report, including a summary of the materials reviewed,
Page 6, Line 22assessments conducted, and other bases of opinions rendered.".
Page 6, Line 23Page 170, line 7, after "evaluation." insert "The cost of the
Page 6, Line 24independent evaluation must be paid for by the requesting
Page 6, Line 25party.".
Page 6, Line 26Page 186, line 8, after "court" insert "or another court with
Page 6, Line 27jurisdiction".
Page 6, Line 28Page 194, after line 3 insert:
Page 6, Line 29"SECTION 40. In Colorado Revised Statutes, amend 16-18-101,
Page 6, Line 30as follows:
Page 6, Line 3116-18-101. Costs in criminal cases.
Page 6, Line 32(1) The state shall pay the costs in of criminal cases shall be
Page 6, Line 33paid by the state pursuant to section 13-3-104 C.R.S., when if the
Page 7, Line 1defendant is acquitted or when if the defendant is convicted and the court
Page 7, Line 2determines he the defendant is unable to pay them the costs.
Page 7, Line 3(2) The costs of preliminary hearings, including any reporters'
Page 7, Line 4transcripts thereof ordered by a defendant, shall must be paid pursuant
Page 7, Line 5to subsection (1) of this section. Unless otherwise ordered by the
Page 7, Line 6court, the prosecution shall pay for reporters' transcripts of
Page 7, Line 7preliminary hearings which that are ordered by the prosecution. shall be
Page 7, Line 8paid for by the prosecution, unless otherwise ordered by the court.
Page 7, Line 9(3) The department of corrections, from annual appropriations
Page 7, Line 10made by the general assembly, shall reimburse the county or counties in
Page 7, Line 11a judicial district for the costs of prosecuting any crime alleged to have
Page 7, Line 12been committed by a person in the custody of the department. The county
Page 7, Line 13or counties shall certify these the costs to the department, and upon
Page 7, Line 14approval of the executive director of the department, the department
Page 7, Line 15shall pay the costs. shall be paid. The provisions of This subsection (3)
Page 7, Line 16shall apply applies to costs that are not otherwise paid by the state.
Page 7, Line 17(4) The state shall pay the costs of a civil commitment
Page 7, Line 18trial and enhanced protective placement trial conducted
Page 7, Line 19pursuant to section 16-8.5-118, the costs of initiating a
Page 7, Line 20short-term certification pursuant to article 65 of title 27, and
Page 7, Line 21the costs of an independent examination and termination
Page 7, Line 22hearing conducted pursuant to section 27-65-202 or 25.5-10-508,
Page 7, Line 23including any reporters' transcripts ordered by a defendant.
Page 7, Line 24Unless otherwise ordered by the court, the prosecution shall
Page 7, Line 25pay for reporters' transcripts of preliminary hearings that are
Page 7, Line 26ordered by the prosecution.".
Page 7, Line 27Renumber succeeding sections accordingly.
Page 7, Line 28Page 195, after line 5 insert:
Page 7, Line 29"SECTION 43. In Colorado Revised Statutes, 20-1-111, amend
Page 7, Line 30(4)(c) as follows:
Page 7, Line 3120-1-111. District attorneys may cooperate or contract -
Page 7, Line 32contents - appropriation.
Page 7, Line 33(4) (c) For state fiscal year 2026-27, and for each state
Page 7, Line 34fiscal year thereafter, the general assembly shall make an
Page 7, Line 35appropriation appropriate one hundred fifty thousand dollars to
Page 7, Line 36the department of law for state fiscal year 2019-20 for allocation to the
Page 7, Line 37statewide organization representing district attorneys for the public
Page 7, Line 38purpose of providing prosecution training seminars, continuing
Page 7, Line 39education programs, and other prosecution-related services on
Page 7, Line 40behalf of district attorneys who are members of the
Page 8, Line 1organization, including, but not limited to, costs and expenses
Page 8, Line 2for personnel, administration, materials, and travel, concerning
Page 8, Line 3any issues related to determinations of competency to proceed for
Page 8, Line 4juveniles and adults, competency evaluation reports, services to restore
Page 8, Line 5competency, civil commitments, protective placements, enhanced
Page 8, Line 6protective placements, and certification proceedings governed by
Page 8, Line 7article 65 of title 27.".
Page 8, Line 8Renumber succeeding sections accordingly.
Page 8, Line 9Page 196, after line 19 insert:
Page 8, Line 10"SECTION 47. In Colorado Revised Statutes, 24-75-111, add (7)
Page 8, Line 11as follows:
Page 8, Line 1224-75-111. Additional authority for controller to allow
Page 8, Line 13expenditures in excess of appropriations - limitations -
Page 8, Line 14appropriations for subsequent fiscal year restricted.
Page 8, Line 15(7) (a) In addition to any overexpenditure allowed
Page 8, Line 16pursuant to section 24-75-109, the controller may allow the
Page 8, Line 17department of human services to make an expenditure in excess
Page 8, Line 18of the amount authorized by an item of appropriation for such a
Page 8, Line 19fiscal year if the expenditure is for persons found incompetent
Page 8, Line 20to proceed who are placed or may be placed under a civil
Page 8, Line 21commitment or enhanced protective placement and:
Page 8, Line 22(I) The overexpenditure is necessary due to unforeseen
Page 8, Line 23circumstances arising while the general assembly is not meeting
Page 8, Line 24in regular or special session during which such overexpenditure
Page 8, Line 25can be legislatively addressed;
Page 8, Line 26(II) The request for the overexpenditure has been
Page 8, Line 27submitted to the office of state planning and budgeting for
Page 8, Line 28approval and the office of state planning and budgeting has
Page 8, Line 29approved the overexpenditure, in whole or in part;
Page 8, Line 30(III) The request for the overexpenditure has been
Page 8, Line 31submitted to the joint budget committee of the general assembly
Page 8, Line 32for approval; and
Page 8, Line 33(IV) The request for the overexpenditure has been
Page 8, Line 34approved, in whole or in part, by a majority vote of the members
Page 8, Line 35of the joint budget committee within two weeks after receiving
Page 8, Line 36the request from the office of state planning and budgeting and
Page 8, Line 37the controller has received written confirmation of the
Page 8, Line 38approval from the joint budget committee.
Page 8, Line 39(b) The joint budget committee shall notify the Colorado
Page 8, Line 40district attorneys' council and the office of state public
Page 9, Line 1defender of the outcome of the joint budget committee's vote.
Page 9, Line 2(c) If the request for overexpenditure is not approved by
Page 9, Line 3the joint budget committee, the department of human services
Page 9, Line 4shall convene a meeting with the district attorneys' council,
Page 9, Line 5the office of state public defender, and any other relevant
Page 9, Line 6parties to discuss what actions the department of human
Page 9, Line 7services and other agencies may take.".
Page 9, Line 8Renumber succeeding sections accordingly.
Page 9, Line 9Page 200, line 16, strike "$4,740,122" and substitute "$3,682,028".
Page 9, Line 10Page 200, line 22, strike "$160,081" and substitute "$245,458".
Page 9, Line 11Page 200, line 24, strike "1.5 FTE;" and substitute "2.1 FTE;".
Page 9, Line 12Page 200, line 25, strike "$1,113,774" and substitute "$1,113,744".
Page 9, Line 13Page 200, line 27, strike "$168,000" and substitute "$103,600".
Page 9, Line 14Page 201, line 2, strike "$555,000" and substitute "$310,800".
Page 9, Line 15Page 201, line 5, strike "$1,101,481" and substitute "$925,244".
Page 9, Line 16Page 201, line 7, strike "10.0 FTE;" and substitute "8.4 FTE;".
Page 9, Line 17Page 201, line 8, strike "$1,577,337" and substitute "$719,608".
Page 9, Line 18Page 201, line 7, strike "and".
Page 9, Line 19Page 201, line 9 strike "convictions." and substitute "convictions; and
Page 9, Line 20(h) $199,125 for use by trial courts for district attorney mandated
Page 9, Line 21costs.
Page 9, Line 22(2) For the 2026-27 state fiscal year, $26,296 is appropriated to the
Page 9, Line 23judicial department for use by state courts administration. This
Page 9, Line 24appropriation is from the judicial department information technology cash
Page 9, Line 25fund created in section 13-32-114 (1), C.R.S. To implement this act, state
Page 9, Line 26courts administration may use this appropriation for information
Page 9, Line 27technology infrastructure.".
Page 9, Line 28Renumber succeeding subsections accordingly.
Page 9, Line 29Page 202, line 3, strike "$458,898" and substitute "$335,378".
Page 10, Line 1Page 202, line 8, strike "4.3 FTE;" and substitute "3.3 FTE;".
Page 10, Line 2Page 202, line 9, strike "$33,504" and substitute "$25,224".
Page 10, Line 3Page 202, line 24, strike "$1,751,732" and substitute "$709,013".
Page 10, Line 4Page 203, line 5, strike "$1,751,732" and substitute "$709,013".
Page 10, Line 5Page 203, strike lines 9 through 27 and substitute:
Page 10, Line 6"SECTION 55. Appropriation. For the 2026-27 state fiscal year,
Page 10, Line 7$18,519,969 is appropriated to the department of human services, which
Page 10, Line 8amount is based on an assumption that the department will require an
Page 10, Line 9additional 61.1 FTE. This appropriation is from the general fund. To
Page 10, Line 10implement this act, the department may use this appropriation as follows:
Page 10, Line 11Executive director's office
Page 10, Line 12Health, life, and dental$1,019,191
Page 10, Line 13Short-term disability$3,022
Page 10, Line 14Paid family medical leave insurance$19,426
Page 10, Line 15Unfunded liability amortization payments$431,688
Page 10, Line 16Behavioral health administration
Page 10, Line 17Program administration$133,249 (1.0 FTE)
Page 10, Line 18Behavioral health safety net services$260,000
Page 10, Line 19Office of civil and forensic mental health
Page 10, Line 20Mental health institute at Pueblo; personal
Page 10, Line 21services$168,984 (2.0 FTE)
Page 10, Line 22Court services$238,293 (4.0 FTE)
Page 10, Line 23Purchased psychiatric bed capacity$6,657,600
Page 10, Line 24Outpatient competency restoration
Page 10, Line 25program$169,811 (3.0 FTE)
Page 10, Line 26Forensic services; competency navigation$835,898 (3.0 FTE)
Page 10, Line 27Contracted civil services$6,264,514 (32.0 FTE)
Page 10, Line 28Office of adults, aging, and disability services
Page 10, Line 29Wheat Ridge regional center intermediate
Page 10, Line 30care facility$767,434 (7.0 FTE)
Page 10, Line 31Pueblo regional center; cottage at
Page 10, Line 32Pueblo$1,550,859 (9.1 FTE)".
Page 10, Line 33Strike page 204.
Page 10, Line 34Page 205, strike lines 1 through 12.
Page 10, Line 35Page 206, after line 7 insert:
Page 11, Line 1"SECTION 58. Appropriation. For the 2026-27 state fiscal year,
Page 11, Line 2$150,000 is appropriated to the department of law. This appropriation is
Page 11, Line 3from the general fund. To implement this act, the department may use this
Page 11, Line 4appropriation for deputy district attorney training.".
Page 11, Line 5Renumber succeeding sections accordingly.