A Bill for an Act
Page 1, Line 101Concerning persons who may be incompetent to stand trial,
Page 1, Line 102and, in connection therewith, permitting certain
Page 1, Line 103services for persons who are incompetent to proceed,
Page 1, Line 104collecting residency information about persons who
Page 1, Line 105are incompetent to proceed, and requiring bond setting
Page 1, Line 106for persons who may be incompetent to proceed.
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. Under existing law, when criminal charges are dismissed against a person receiving inpatient restoration services from the department of human services (DHS), DHS must stop providing services to the person. The bill permits DHS to continue to provide services for up to 90 days after the person's case is dismissed because the person is incompetent to proceed. DHS is permitted to enter into an agreement with an organization to provide permanent supportive housing for a person whose case is dismissed because the person is incompetent to proceed or the person has successfully completed a bridges wraparound care program, and for a person who has been referred to the bridges wraparound care program.
The bill requires DHS to collect information for each person whose charges are dismissed following a determination by the court that the person is incompetent to proceed or following satisfactory completion of a bridges wraparound care program, or who has been referred to the bridges wraparound care program, concerning where the person lives or intends to live following the dismissal or referral. DHS shall share that information with the division of housing in the department of local affairs.
The bill requires the judicial department to develop a form for a court to use to notify DHS of the court's specific findings when the court denies a personal recognizance bond and orders inpatient restoration services for a defendant who is in custody for a misdemeanor, petty offense, or traffic offense, and who the court determines is incompetent to proceed but there is a substantial probability that the defendant, with restoration services, will attain competency in the reasonably foreseeable future.
The bill states that a defendant's competency status does not affect the defendant's eligibility for release on bond and is not a basis for a no-bond hold or mental health stay. A court shall not consider competency status as a factor in setting or modifying a monetary condition of bond. The bill requires a court to convert an order for in-custody or inpatient evaluation or restoration to an order for out-of-custody and outpatient evaluation or restoration if the defendant is released on bond while awaiting an in-custody or inpatient evaluation or restoration.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 27-60-105.5 as follows:
Page 2, Line 327-60-105.5. Post-dismissal services for persons receiving
Page 3, Line 1inpatient restoration services - continuation of services after dismissal
Page 3, Line 2- supportive housing - post-dismissal living information collection -
Page 3, Line 3definition. (1) As used in this section, unless the context
Page 3, Line 4otherwise requires, "bridges wraparound care program" means
Page 3, Line 5the bridges wraparound care program created in section 16-8.6-103.
Page 3, Line 6(2) If the charges against a person who is receiving
Page 3, Line 7inpatient restoration services, as described in article 8.5 of title
Page 3, Line 816, are dismissed pursuant to section 16-8.5-111 or 16-8.5-116.5
Page 3, Line 9following a determination by the court that the person is
Page 3, Line 10incompetent to proceed, the state department may continue to
Page 3, Line 11provide services to the person for up to ninety days after the
Page 3, Line 12charges are dismissed. A person is not required to be in custody
Page 3, Line 13to receive services from the state department pursuant to this
Page 3, Line 14subsection (2) after charges are dismissed, and a court shall not
Page 3, Line 15order a person to remain in custody as a condition of continuing to receive services from the state department.
Page 3, Line 16(3) The state department may enter into an agreement
Page 3, Line 17with an organization to provide permanent supportive housing
Page 3, Line 18for persons whose charges are dismissed pursuant to section
Page 3, Line 1916-8.5-111 or 16-8.5-116.5 following a determination by the court
Page 3, Line 20that the person is incompetent to proceed or pursuant to section
Page 3, Line 2116-8.6-110 following satisfactory completion of a bridges
Page 3, Line 22wraparound care program, or for persons who have been referred to the bridges wraparound care program.
Page 3, Line 23(4) (a) The state department shall collect information
Page 3, Line 24concerning where a person lives or intends to live after:
Page 4, Line 1(I) The charges against the person are dismissed pursuant
Page 4, Line 2to section 16-8.5-111 or 16-8.5-116.5 following a determination by the court that the person is incompetent to proceed;
Page 4, Line 3(II) The charges against the person are dismissed pursuant
Page 4, Line 4to section 16-8.6-110 following satisfactory completion of the bridges wraparound care program; or
Page 4, Line 5(III) The person has been referred to the bridges wraparound care program.
Page 4, Line 6(b) The state department shall share the information
Page 4, Line 7collected pursuant to subsection (4)(a) of this section with the
Page 4, Line 8division of housing in the department of local affairs on a
Page 4, Line 9schedule agreed upon by the departments, but at least quarterly.
Page 4, Line 10(c) The state department shall work with the office of
Page 4, Line 11bridges of Colorado established pursuant to section 13-95-103
Page 4, Line 12to collect the information described in subsection (4)(a) of this
Page 4, Line 13section, and the office of bridges of Colorado shall provide the information to the state department.
Page 4, Line 14SECTION 2. In Colorado Revised Statutes, 13-95-105, add (4) as follows:
Page 4, Line 1513-95-105. Bridges of Colorado - programs - administration.
Page 4, Line 16(4) The office shall provide information to the state department
Page 4, Line 17of human services about where persons who have been referred
Page 4, Line 18to the bridges wraparound care program live or intend to live, as described in section 27-60-105.5 (4).
Page 4, Line 19SECTION 3. In Colorado Revised Statutes, 16-8.5-105, amend
Page 4, Line 20(1)(a)(III) as follows:
Page 5, Line 116-8.5-105. Evaluations, locations, time frames, and report.
Page 5, Line 2(1) (a) (III) The court shall determine the type of bond and the conditions
Page 5, Line 3of release after consideration of the presumptions and factors enumerated
Page 5, Line 4in article 4 of this title 16, which include consideration of the information
Page 5, Line 5received from any pretrial services program pursuant to section 16-4-106
Page 5, Line 6and any information provided by the bridges court liaison hired or
Page 5, Line 7contracted pursuant to article 95 of title 13. As a condition of any bond,
Page 5, Line 8the court shall require the defendant's cooperation with the competency
Page 5, Line 9evaluation on an outpatient and out-of-custody basis. A court shall
Page 5, Line 10ensure that the defendant's right to have bond set is not
Page 5, Line 11interrupted while the defendant awaits competency evaluation.
Page 5, Line 12Except as permitted in subsection (1)(b) of this section, the
Page 5, Line 13defendant's status related to competency, including an order
Page 5, Line 14for in-custody or inpatient evaluation, does not affect the
Page 5, Line 15defendant's eligibility for release on bond and is not a basis for
Page 5, Line 16a no-bond hold or mental health stay. In setting the bond, the court
Page 5, Line 17shall not consider the need for the defendant to receive an evaluation
Page 5, Line 18pursuant to this article 8.5 as a factor in determining
anyPage 5, Line 19condition of bond; except that the court may remove or reduce a
Page 5, Line 20monetary condition of bond to allow the defendant to access an
Page 5, Line 21out-of-custody competency evaluation and any other necessary
Page 5, Line 22mental health services. If the defendant is released on bond
Page 5, Line 23while awaiting an in-custody or inpatient evaluation, the court
Page 5, Line 24shall convert the order for in-custody or inpatient evaluation to an order for out-of-custody and outpatient evaluation.
Page 5, Line 25SECTION 4. In Colorado Revised Statutes, 16-8.5-111, amend
Page 5, Line 26(2)(b); and add (2.5) as follows:
Page 6, Line 116-8.5-111. Procedure after determination of competency or
Page 6, Line 2incompetency - bond determinations. (2) Restoration services
Page 6, Line 3ordered. If the final determination made pursuant to section 16-8.5-103
Page 6, Line 4is that the defendant is incompetent to proceed and the court finds there
Page 6, Line 5is substantial probability that the defendant, with restoration services, will
Page 6, Line 6attain competency in the reasonably foreseeable future, the court has the following requirements and options:
Page 6, Line 7(b) If the court determines the defendant is incompetent to
Page 6, Line 8proceed and is in custody on a misdemeanor, petty offense, or traffic
Page 6, Line 9offense, the court
shallPage 6, Line 10after the court's final determination that the defendant is incompetent to
Page 6, Line 11proceed. At the bond hearing, there is a presumption that the court shall
Page 6, Line 12order a personal recognizance bond and enter an order for restoration
Page 6, Line 13services pursuant to subsection (2)(a) of this section. In order to deny the
Page 6, Line 14defendant a personal recognizance bond and enter an order to commit the
Page 6, Line 15defendant for inpatient restoration services pursuant to subsection (2)(c)
Page 6, Line 16of this section, the court shall make findings of fact that extraordinary
Page 6, Line 17circumstances exist to overcome the presumption of release by clear and
Page 6, Line 18convincing evidence. If the court denies a personal recognizance bond,
Page 6, Line 19the court
shallPage 6, Line 20court made to deny the personal recognizance bond. The judicial
Page 6, Line 21department shall develop a form for a court to use to notify the
Page 6, Line 22department of the court's findings that are required by this subsection (2)(b).
Page 6, Line 23(2.5) Article II, section 19 of the Colorado constitution,
Page 6, Line 24article 4 of this title 16, and the Colorado rules of criminal
Page 6, Line 25procedure determine eligibility for bail and the factors
Page 7, Line 1considered in setting monetary conditions of release. A court
Page 7, Line 2shall ensure that a defendant's right to have bond set is not
Page 7, Line 3interrupted while the defendant awaits competency evaluation,
Page 7, Line 4competency determination, or competency restoration. Except
Page 7, Line 5as permitted in section 16-8.5-105 (1)(b), a defendant's status
Page 7, Line 6related to competency, including an order for in-custody or
Page 7, Line 7inpatient evaluation, does not affect the defendant's eligibility
Page 7, Line 8for release on bond and is not a basis for a no-bond hold or
Page 7, Line 9mental health stay. A court shall not consider competency
Page 7, Line 10status as a factor in setting or modifying a monetary condition
Page 7, Line 11of bond; except that the court may remove or reduce a
Page 7, Line 12monetary condition of bond to allow a defendant to access an
Page 7, Line 13out-of-custody competency evaluation, restoration services,
Page 7, Line 14and any other necessary mental health services. If a defendant
Page 7, Line 15is released on bond while awaiting an in-custody or inpatient
Page 7, Line 16restoration, the court shall convert the order for in-custody
Page 7, Line 17or inpatient restoration to an order for out-of-custody and outpatient restoration.
Page 7, Line 18SECTION 5. Act subject to petition - effective date. This act
Page 7, Line 19takes effect at 12:01 a.m. on the day following the expiration of the
Page 7, Line 20ninety-day period after final adjournment of the general assembly; except
Page 7, Line 21that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 7, Line 22of the state constitution against this act or an item, section, or part of this
Page 7, Line 23act within such period, then the act, item, section, or part will not take
Page 7, Line 24effect unless approved by the people at the general election to be held in
Page 7, Line 25November 2026 and, in such case, will take effect on the date of the
Page 7, Line 26official declaration of the vote thereon by the governor.