Senate Committee of Reference Report
Committee on Judiciary
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April 20, 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 on Appropriations with favorable recommendation:
Page 1, Line 1Amend printed bill, page 5, strike lines 7 and 8 and substitute:
Page 1, Line 2"(a) A civil proceeding regarding certification for
Page 1, Line 3short-term treatment pursuant to section 27-65-108.5, 27-65-109,
Page 1, Line 4or 27-65-109.5;".
Page 1, Line 5Page 8, after line 7 insert:
Page 1, Line 6"(17.5) "Inpatient care at the discretion of CDHS or
Page 1, Line 7HCPF", or similar terminology, means placement at a facility:
Page 1, Line 8(a) Where the person is required to reside and is not
Page 1, Line 9permitted to leave unless accompanied and supervised by staff;
Page 1, Line 10(b) That agrees to supervise the person, that agrees to
Page 1, Line 11take appropriate measures to ensure the person complies with
Page 1, Line 12any court orders, and that has procedures in place that would
Page 1, Line 13result in a timely report to the court and authorities if the
Page 1, Line 14person absconded without permission;
Page 1, Line 15(c) Where a professional person, as defined in section
Page 1, Line 1627-65-102, who is employed by or contracted by CDHS, BHA, or
Page 1, Line 17HCPF, attests that the facility is medically appropriate and
Page 1, Line 18sufficiently protects victims and the community from the
Page 1, Line 19substantial risk of harm posed by the person; and
Page 1, Line 20(d) That is operated by, or has contracted with, CDHS,
Page 1, Line 21BHA or HCPF to provide services for CDHS, BHA, or HCPF.".
Page 1, Line 22Page 8, strike lines 17 through 19.
Page 1, Line 23Renumber succeeding subsections accordingly.
Page 2, Line 1Page 9, line 22, strike "subsection (26)(b)" and substitute "subsection
Page 2, Line 2(25)(b)".
Page 2, Line 3Page 15, lines 16 and 17, strike "office of civil and forensic mental
Page 2, Line 4health," and substitute "department,".
Page 2, Line 5Page 17, lines 2 and 3, strike "twenty-four hours" and substitute "two
Page 2, Line 6business days".
Page 2, Line 7Page 17, line 8, strike "two" and substitute "twenty-one".
Page 2, Line 8Page 21, strike lines 2 through 4 and substitute "restoration services
Page 2, Line 9provider.".
Page 2, Line 10Page 24, lines 16 and 17, strike "violence subject to the "Victim
Page 2, Line 11Rights Act", section 18-1.3-406;" and substitute "violence, as
Page 2, Line 12defined in section 18-1.3-406 (2);".
Page 2, Line 13Page 24, strike lines 20 through 22 and substitute "district attorney
Page 2, Line 14is aware of an act not charged in the current case that would
Page 2, Line 15qualify pursuant to section 16-8.5-118 (6)(b)(II).".
Page 2, Line 16Page 27, strike lines 19 through 25 and substitute:
Page 2, Line 17"(I) The competency evaluator's opinion as to whether
Page 2, Line 18diagnostic testing exists beyond what the competency
Page 2, Line 19evaluator can perform that is necessary to provide an opinion
Page 2, Line 20as to whether the defendant is incompetent to proceed or
Page 2, Line 21restorable; and".
Page 2, Line 22Page 28, strike lines 23 through 26.
Page 2, Line 23Page 48, lines 23 and 24, strike "violence subject to the "Victim
Page 2, Line 24Rights Act", section 18-1.3-406;" and substitute "violence, as
Page 2, Line 25defined in section 18-1.3-406 (2);".
Page 2, Line 26Page 49, strike lines 2 through 4 and substitute "to others because the
Page 2, Line 27prosecution is aware of an act not charged in the current case
Page 2, Line 28that would qualify pursuant to section 16-8.5-118 (6)(b)(II). If
Page 2, Line 29the prosecution requests an opinion".
Page 2, Line 30Page 50, strike lines 12 through 19 and substitute:
Page 2, Line 31
Page 3, Line 1"(c) If the court receives the competency evaluator's
Page 3, Line 2opinion that the defendant is unrestorable prior to entering an
Page 3, Line 3initial order for restoration services, the court shall set a
Page 3, Line 4restorability hearing in lieu of ordering restoration services.".
Page 3, Line 5Page 59, line 24, strike "shall" and substitute "shall, unless the
Page 3, Line 6court finds there is an acceptable care coordination
Page 3, Line 7alternative already in place,".
Page 3, Line 8Page 60, after line 6 insert:
Page 3, Line 9"(III) Identifying and informing the court and parties of
Page 3, Line 10appropriate long-term level of care recommendations and
Page 3, Line 11placement availability;".
Page 3, Line 12Renumber succeeding subparagraphs accordingly.
Page 3, Line 13Page 60, line 10, strike "or".
Page 3, Line 14Page 60, strike lines 11 through 13 and substitute:
Page 3, Line 15"(V) Coordinating, as needed, with the office of public
Page 3, Line 16guardianship, an appointed emergency guardian, CDHS, the
Page 3, Line 17department of health care policy and financing, or the
Page 3, Line 18behavioral health administration for the purpose of providing
Page 3, Line 19long-term continuum of care for the defendant.".
Page 3, Line 20Page 60, strike lines 14 and 15 and substitute:
Page 3, Line 21"(b) If the court determines that the appointment of an
Page 3, Line 22emergency guardian is appropriate pursuant to section 15-14-312
Page 3, Line 23(1), the court shall appoint the office of public guardianship as
Page 3, Line 24the defendant's emergency guardian.".
Page 3, Line 25Page 63, line 8, strike "the court".
Page 3, Line 26Page 64, after line 7 insert:
Page 3, Line 27"(6) Notwithstanding subsections (3) and (5) of this
Page 3, Line 28section, if an appointed emergency guardian believes in their
Page 3, Line 29professional judgment that a civil proceeding should be
Page 3, Line 30initiated, the court shall allow the emergency guardian to
Page 3, Line 31initiate the civil proceeding in lieu of ordering the county
Page 4, Line 1attorney to initiate the civil proceeding.".
Page 4, Line 2Renumber succeeding subsections accordingly.
Page 4, Line 3Page 65, line 7, strike "(6)," and substitute "(7),".
Page 4, Line 4Page 65, line 10, strike "(6)(b)" and substitute "(7)(b)".
Page 4, Line 5Page 65, line 14, strike "(6)," and substitute "(7),".
Page 4, Line 6Page 66, line 14, strike "(8)" and substitute "(9)".
Page 4, Line 7Page 66, strike line 18 and substitute "objection by".
Page 4, Line 8Page 67, line 14, strike "defendants." and substitute "defendants -
Page 4, Line 9report - repeal.".
Page 4, Line 10Page 68, line 10, after "parties;" insert "and".
Page 4, Line 11Page 68, line 14, strike "options; and" and substitute "options.".
Page 4, Line 12Page 68, strike lines 15 through 17.
Page 4, Line 13Page 69, after line 27 insert:
Page 4, Line 14"(5) (a) The defendant may request to stipulate that the
Page 4, Line 15court order civil commitment or enhanced protective placement
Page 4, Line 16rather than contesting the matter at a trial. The court shall
Page 4, Line 17allow the defendant to stipulate to the court ordering a civil
Page 4, Line 18commitment or enhanced protective placement only if:
Page 4, Line 19(I) The court confirms the defendant has been fully
Page 4, Line 20advised of the consequences and the rights the defendant is
Page 4, Line 21waiving, including the right to a court trial;
Page 4, Line 22(II) The stipulation is in writing and stated on the record
Page 4, Line 23at a hearing at which the defendant appears, with the consent of
Page 4, Line 24any guardian that has been appointed;
Page 4, Line 25(III) The court finds the defendant understands the
Page 4, Line 26stipulation and that the stipulation is voluntarily despite the
Page 4, Line 27defendant being incompetent to proceed; and
Page 4, Line 28(IV) The parties establish a factual basis.
Page 4, Line 29(b) Any stipulation or admission made as part of the
Page 4, Line 30stipulation to imposition of a civil commitment or enhanced
Page 4, Line 31protective placement is not admissible in any future criminal
Page 5, Line 1prosecution to prove any act alleged in the written notice
Page 5, Line 2seeking the civil commitment or enhanced protective
Page 5, Line 3placement.".
Page 5, Line 4Renumber succeeding subsections accordingly.
Page 5, Line 5Page 70, line 2, strike "that the defendant:" and substitute "that:".
Page 5, Line 6Page 70, line 3, strike "Has" and substitute "The defendant has".
Page 5, Line 7Page 70, strike lines 4 through 9 and substitute:
Page 5, Line 8"(b) (I) The defendant committed an act that, in the
Page 5, Line 9absence of any mental disability or developmental disability,
Page 5, Line 10would constitute:
Page 5, Line 11(A) Homicide pursuant to part 1 of article 3 of title 18;
Page 5, Line 12(B) A crime of violence, as defined in section 18-1.3-406 (2);
Page 5, Line 13or
Page 5, Line 14(C) A felony that constitutes unlawful sexual behavior,
Page 5, Line 15as defined in section 16-22-102; and
Page 5, Line 16(II) The act described in subsection (6)(b)(I) of this section
Page 5, Line 17that the defendant is alleged to have committed is or was
Page 5, Line 18charged in a criminal case in Colorado in which competency was
Page 5, Line 19raised; and".
Page 5, Line 20Page 70, line 10, strike "Poses" and substitute "The defendant poses".
Page 5, Line 21Page 71, lines 8 and 9, strike "charged and acquitted as the
Page 5, Line 22qualifying acts pursuant to this subsection (6)(c)," and substitute
Page 5, Line 23"acquitted or convicted as the qualifying acts satisfying the
Page 5, Line 24criteria listed in subsection (6)(b) of this section,".
Page 5, Line 25Page 71, lines 10 and 11, strike "charged and acquitted" and
Page 5, Line 26substitute "acquitted or convicted".
Page 5, Line 27Page 71, line 12, strike "evidence." and substitute "evidence and
Page 5, Line 28relevant to the criteria listed in subsection (6)(a) or (6)(c) of
Page 5, Line 29this section.".
Page 5, Line 30Page 71, after line 12 insert:
Page 5, Line 31"(d) (I) Prior to trial, the court shall find that the
Page 5, Line 32prosecution has met the requirements in subsection (6)(b)(II) of
Page 6, Line 1this section if an act alleged to satisfy the requirement of
Page 6, Line 2subsection (6)(b)(I) of this section is:
Page 6, Line 3(A) Charged in the current case; or
Page 6, Line 4(B) Charged in another pending case in the same
Page 6, Line 5jurisdiction and competency was raised in the case.
Page 6, Line 6(II) Prior to trial, the court may find that the prosecution
Page 6, Line 7has met the requirements in subsection (6)(b)(II) of this section
Page 6, Line 8if:
Page 6, Line 9(A) Without admitting to committing any acts, the
Page 6, Line 10defendant stipulates the defendant was charged with an act
Page 6, Line 11that meets the requirements of subsection (6)(b)(II) of this
Page 6, Line 12section; or
Page 6, Line 13(B) The prosecution files with the court certified court
Page 6, Line 14records from another criminal case, current or dismissed, that
Page 6, Line 15demonstrate by clear and convincing evidence that the
Page 6, Line 16requirements of subsection (6)(b)(II) of this section are
Page 6, Line 17satisfied.".
Page 6, Line 18Page 73, strike lines 7 through 27.
Page 6, Line 19Strike pages 74 through 79 and substitute:
Page 6, Line 20"(10) If the court finds that the prosecution did not meet
Page 6, Line 21one or more of the requirements described in subsection (6) of
Page 6, Line 22this section, the court shall deny the prosecution's request to
Page 6, Line 23civilly commit or order the enhanced protective placement of
Page 6, Line 24the defendant and shall dismiss the defendant's case; except
Page 6, Line 25that the court may consider whether to order other civil
Page 6, Line 26proceedings pursuant to section 16-8.5-117.
Page 6, Line 27(11) (a) If the court finds that the prosecution met the
Page 6, Line 28requirements described in subsection (6) of this section, the
Page 6, Line 29court shall:
Page 6, Line 30(I) Order the civil commitment or enhanced protective
Page 6, Line 31placement of the defendant in accordance with subsection (12)
Page 6, Line 32of this section;
Page 6, Line 33(II) Place the defendant and issue any related orders
Page 6, Line 34pursuant to subsection (13) of this section; and
Page 6, Line 35(III) Transfer jurisdiction of the civil commitment or
Page 6, Line 36enhanced protective placement to an appropriate civil court
Page 6, Line 37with jurisdiction and dismiss the case in accordance with
Page 6, Line 38subsection (14) of this section.
Page 6, Line 39(b) The court has seventy days to place the defendant and
Page 6, Line 40transfer jurisdiction to the appropriate civil court; except that
Page 7, Line 1the court may extend the time limit with the consent of the
Page 7, Line 2defendant. The court shall order the placement and transfer
Page 7, Line 3jurisdiction as soon as practicable.
Page 7, Line 4(12) (a) If the court finds that the prosecution met the
Page 7, Line 5requirements described in subsection (6) of this section or if the
Page 7, Line 6court accepts the defendant's stipulation to civil commitment or
Page 7, Line 7enhanced protective placement, the court shall make a finding
Page 7, Line 8of the defendant's primary diagnosis that constitutes the
Page 7, Line 9mental disability or developmental disability. The court shall
Page 7, Line 10order the defendant civilly committed to the legal custody of
Page 7, Line 11CDHS and supervised pursuant to section 27-65-201, unless the
Page 7, Line 12defendant's primary diagnosis is an intellectual and
Page 7, Line 13developmental disability or a neurocognitive disorder, as those
Page 7, Line 14terms are defined in section 25.5-10-501, in which case, the court
Page 7, Line 15shall order an enhanced protective placement and legal
Page 7, Line 16custody of the defendant to the department of health care
Page 7, Line 17policy and financing and supervised pursuant to section
Page 7, Line 1825.5-10-507. At any time prior to transferring jurisdiction to a
Page 7, Line 19civil court, the court may, upon a recommendation from CDHS,
Page 7, Line 20change the designation of the primary diagnosis and convert the
Page 7, Line 21order to civil commitment or enhanced protective placement, as
Page 7, Line 22appropriate, based on the determination of CDHS.
Page 7, Line 23(b) The court shall issue its findings and orders pursuant
Page 7, Line 24to this section in writing. When the court transfers jurisdiction
Page 7, Line 25to a civil court pursuant to section 27-65-113 or 25.5-10-509, the
Page 7, Line 26court shall send the civil court receiving jurisdiction all the
Page 7, Line 27written findings and orders entered pursuant to this section.
Page 7, Line 28(13) (a) When the court orders a civil commitment or
Page 7, Line 29enhanced protective placement, if CDHS proposes placing the
Page 7, Line 30defendant into inpatient care, the court shall order, without
Page 7, Line 31further court review, the defendant placed into inpatient care
Page 7, Line 32at the discretion of CDHS if the court ordered a civil
Page 7, Line 33commitment or at the discretion of HCPF if the court ordered an
Page 7, Line 34enhanced protective placement. If CDHS has identified an
Page 7, Line 35appropriate provider that does not meet the definition of
Page 7, Line 36inpatient care but is willing and able to accept placement of the
Page 7, Line 37defendant, the court shall set a review hearing as soon as
Page 7, Line 38practicable while ensuring the parties, any appointed emergency
Page 7, Line 39guardian, and victims are given sufficient notice and
Page 7, Line 40opportunity to prepare and appear.
Page 7, Line 41(b) When the court orders a civil commitment or enhanced
Page 7, Line 42protective placement, if CDHS has not identified an appropriate
Page 7, Line 43provider that is willing to accept placement of the defendant,
Page 8, Line 1the court shall:
Page 8, Line 2(I) Set a review hearing within thirty-five days after the
Page 8, Line 3order for civil commitment or enhanced protective placement;
Page 8, Line 4and
Page 8, Line 5(II) Prior to the review hearing, order CDHS, in
Page 8, Line 6consultation with the behavioral health administration, to
Page 8, Line 7identify at least one appropriate provider that is willing to
Page 8, Line 8immediately accept placement of the defendant.
Page 8, Line 9(c) At the review hearing, if CDHS proposes placing the
Page 8, Line 10defendant into inpatient care, the court shall order, without
Page 8, Line 11further court review, the defendant placed into inpatient care
Page 8, Line 12at the discretion of CDHS if the court ordered a civil
Page 8, Line 13commitment or at the discretion of HCPF if the court ordered an
Page 8, Line 14enhanced protective placement. If CDHS does not propose
Page 8, Line 15placing the defendant into inpatient care, the court shall
Page 8, Line 16review any placement identified by CDHS to ensure it is
Page 8, Line 17appropriate and sufficiently protects victims and the community
Page 8, Line 18from the substantial risk of serious harm to others posed by the
Page 8, Line 19defendant. The court may continue the review hearing or order
Page 8, Line 20an additional review hearing within the time frame set forth in
Page 8, Line 21subsection (11)(b) of this section.
Page 8, Line 22(d) When considering the appropriateness of the
Page 8, Line 23placement for the defendant, victims, and the community, the
Page 8, Line 24court shall:
Page 8, Line 25(I) Allow CDHS, the parties, and any appointed emergency
Page 8, Line 26guardian to be heard regarding the defendant's placement;
Page 8, Line 27(II) Give deference to CDHS's recommendation on any
Page 8, Line 28issue related to the defendant's primary diagnosis;
Page 8, Line 29(III) Give deference to CDHS and the opinion of a medical
Page 8, Line 30professional on the appropriateness of the provider and
Page 8, Line 31placement for the defendant;
Page 8, Line 32(IV) Not give deference to CDHS or a medical
Page 8, Line 33professional as to whether the placement sufficiently protects
Page 8, Line 34victims and the community from the substantial risk of serious
Page 8, Line 35harm to others posed by the defendant; and
Page 8, Line 36(V) Consider the totality of the circumstances, including:
Page 8, Line 37(A) The defendant's statements and whether the
Page 8, Line 38defendant lacks insight into the defendant's mental disability
Page 8, Line 39or developmental disability;
Page 8, Line 40(B) The defendant's clinical diagnosis and prognosis,
Page 8, Line 41including any opinions that the defendant and the defendant's
Page 8, Line 42current mental state and behaviors pose risks to others;
Page 8, Line 43(C) The defendant's refusal to voluntarily seek and
Page 9, Line 1comply with a treatment plan in the recent past, including in the
Page 9, Line 2defendant's most recent period of being in the community;
Page 9, Line 3(D) Recent overt acts by the defendant to threaten,
Page 9, Line 4cause, or attempt to cause harm to the defendant's self or
Page 9, Line 5others;
Page 9, Line 6(E) Any previous patterns of decompensation or
Page 9, Line 7deterioration that resulted in the defendant's hospitalization,
Page 9, Line 8arrest, or certification for short-term treatment and that
Page 9, Line 9demonstrate a risk of likely future decompensation;
Page 9, Line 10(F) When the defendant was last out of custody and
Page 9, Line 11whether the defendant was found in a condition in which the
Page 9, Line 12defendant was not able to care for the defendant's own basic
Page 9, Line 13needs in order to avoid the risk of serious physical harm;
Page 9, Line 14(G) The frequency, recency, and severity of the
Page 9, Line 15considerations described in subsections (13)(d)(V)(B) to
Page 9, Line 16(13)(d)(V)(F) of this section, such that the circumstances are
Page 9, Line 17present in a manner that requires inpatient treatment or that
Page 9, Line 18the circumstances are absent in a manner that allows for
Page 9, Line 19community-based placement;
Page 9, Line 20(H) Whether the defendant opposes the placement;
Page 9, Line 21(I) Whether community-based placement can be
Page 9, Line 22reasonably accommodated;
Page 9, Line 23(J) The limited resources of the state and the needs of
Page 9, Line 24others; and
Page 9, Line 25(K) The placement recommendations of any treating
Page 9, Line 26professionals.
Page 9, Line 27(e) The court shall not order or permit a defendant to be
Page 9, Line 28placed into a community-based setting outside of inpatient care
Page 9, Line 29unless the court finds the risk of harm posed by the defendant
Page 9, Line 30to victims and the community can be reasonably mitigated in the
Page 9, Line 31community-based setting and until after providing victims with
Page 9, Line 32notice and an opportunity to be heard.
Page 9, Line 33(f) After reviewing the providers, if the court finds that
Page 9, Line 34multiple providers are appropriate for the defendant, victims,
Page 9, Line 35and the community, the court shall order the defendant be
Page 9, Line 36placed in the least-restrictive setting that is adequate to
Page 9, Line 37protect the victims and the community and to provide, to the
Page 9, Line 38greatest extent possible, the appropriate level of care for,
Page 9, Line 39treatment for, and supervision of the defendant. If more than
Page 9, Line 40one equally restrictive placement is available and appropriate,
Page 9, Line 41the court shall order the defendant be placed into a setting
Page 9, Line 42that is best suited for the defendant's treatment needs and
Page 9, Line 43supervision, as determined by CDHS.
Page 10, Line 1(g) If CDHS does not propose placing the defendant into
Page 10, Line 2inpatient care and CDHS has not identified any other
Page 10, Line 3appropriate placement with sufficient time to review and place
Page 10, Line 4the defendant within the time frame set forth in subsection
Page 10, Line 5(11)(b) of this section, the court shall order the defendant
Page 10, Line 6placed into inpatient care at the discretion of CDHS if the court
Page 10, Line 7ordered a civil commitment or at the discretion of HCPF if the
Page 10, Line 8court ordered an enhanced protective placement.
Page 10, Line 9(h) In addition to any orders issued pursuant to this
Page 10, Line 10section, the court shall issue any orders necessary to mitigate
Page 10, Line 11the defendant's risk to victims and the community, including
Page 10, Line 12ordering a provider that has accepted placement of the
Page 10, Line 13defendant to take reasonable and practicable protective
Page 10, Line 14measures to prevent the defendant from contacting any victims;
Page 10, Line 15except that the court shall not order the defendant to comply
Page 10, Line 16with any conditions that are not necessary to mitigate the
Page 10, Line 17defendant's risk or with which the defendant cannot comply.
Page 10, Line 18(i) After the court orders placement of the defendant:
Page 10, Line 19(I) The court, the district attorney, and CDHS shall
Page 10, Line 20transmit all necessary information, including the defendant's
Page 10, Line 21medical records, competency evaluations, materials used during
Page 10, Line 22the competency process, and restoration records, to the county
Page 10, Line 23attorney within three business days after the order for
Page 10, Line 24placement. The district attorney and CDHS shall provide
Page 10, Line 25additional necessary information upon request of the county
Page 10, Line 26attorney.
Page 10, Line 27(II) The court shall, unless other appropriate
Page 10, Line 28transportation has been approved by the court, order the
Page 10, Line 29sheriff to securely transport the defendant to the ordered
Page 10, Line 30placement as soon as practicable. The court shall set any
Page 10, Line 31review hearings necessary to ensure the defendant is
Page 10, Line 32transported to the initial placement. The court may delay
Page 10, Line 33transportation if a bed at a placement is not available but will
Page 10, Line 34be available within the next thirty days.
Page 10, Line 35(14) After the defendant has been transported to the
Page 10, Line 36placement ordered by the court, the court shall:
Page 10, Line 37(a) Transfer jurisdiction of the civil commitment to a civil
Page 10, Line 38court with jurisdiction pursuant to section 27-65-113 or
Page 10, Line 39transfer jurisdiction of the enhanced protective placement to
Page 10, Line 40a civil court with jurisdiction pursuant to section 25.5-10-507;
Page 10, Line 41(b) Notify CDHS and the county attorney; and
Page 10, Line 42(c) Dismiss the criminal case against the defendant. The
Page 10, Line 43court shall note in the court's final order dismissing the case
Page 11, Line 1that the charges may be refiled, but the prosecution is not
Page 11, Line 2precluded from refiling merely because the court did not state
Page 11, Line 3so in the order.".
Page 11, Line 4Renumber succeeding subsections accordingly.
Page 11, Line 5Page 81, after line 4 insert:
Page 11, Line 6"(17) (a) No later than January 2030, CDHS shall include,
Page 11, Line 7as part of its presentation during its "SMART Act" hearing
Page 11, Line 8required by section 2-7-203, information concerning protective
Page 11, Line 9placements, enhanced protective placements, and civil
Page 11, Line 10commitments sought pursuant to this section. At a minimum, the
Page 11, Line 11presentation must include the following information from July
Page 11, Line 121, 2026, to July 1, 2029:
Page 11, Line 13(I) The number of petitions filed for protective
Page 11, Line 14placements, enhanced protective placements, and civil
Page 11, Line 15commitments;
Page 11, Line 16(II) The number of petitions that were granted for
Page 11, Line 17protective placements, enhanced protective placements, and
Page 11, Line 18civil commitments;
Page 11, Line 19(III) The average length of time and longest length of
Page 11, Line 20time a person was certified or placed under a protective
Page 11, Line 21placement, enhanced protective placement, and civil
Page 11, Line 22commitment;
Page 11, Line 23(IV) The number of people who had a placement other than
Page 11, Line 24inpatient care and the number of people who defaulted to
Page 11, Line 25placement in inpatient care; and
Page 11, Line 26(V) The average length of time and longest length of time
Page 11, Line 27a person was certified or placed under a protective placement,
Page 11, Line 28enhanced protective placement, and civil commitment and
Page 11, Line 29remained in jail.
Page 11, Line 30(b) The department of health care policy and financing
Page 11, Line 31and the judicial department shall provide any necessary
Page 11, Line 32information to assist CDHS in its presentation.
Page 11, Line 33(18) This section is repealed, effective July 1, 2031.".
Page 11, Line 34Page 84, line 9, strike "OCFMH's" and substitute "CDHS's".
Page 11, Line 35Page 85, after line 4 insert:
Page 11, Line 36"SECTION 2. In Colorado Revised Statutes, add 27-65-101.5 as
Page 11, Line 37follows:
Page 12, Line 127-65-101.5. Nonapplicability of article if individual has
Page 12, Line 2intellectual and developmental disability or neurocognitive disorder.
Page 12, Line 3The provisions of part 5 of article 10 of title 25.5 apply and
Page 12, Line 4this article 65 does not apply if a person has an intellectual and
Page 12, Line 5developmental disability or a neurocognitive disorder, as those
Page 12, Line 6terms are defined in section 25.5-10-501, without any other
Page 12, Line 7mental health disorder that is not an intellectual and
Page 12, Line 8developmental disability or neurocognitive disorder and that
Page 12, Line 9substantially contributes to whether the respondent is a
Page 12, Line 10danger to the respondent's self or a danger to others, or is
Page 12, Line 11gravely disabled.".
Page 12, Line 12Renumber succeeding sections accordingly.
Page 12, Line 13Page 85, line 6, after "(11)," insert "(21),".
Page 12, Line 14Page 85, strike lines 9 through 21 and substitute:
Page 12, Line 15"(10) "Danger to the person's self or others" means
Page 12, Line 16(a) A person poses a substantial risk of physical harm to the
Page 12, Line 17person's self as manifested by evidence of recent threats of or attempts at
Page 12, Line 18suicide or serious bodily harm to the person's self; or
Page 12, Line 19(b) a person poses a substantial risk of physical harm to another
Page 12, Line 20person or persons, as manifested by evidence of recent homicidal or other
Page 12, Line 21violent behavior by the person in question, or by evidence that others are
Page 12, Line 22placed in reasonable fear of violent behavior and serious physical harm
Page 12, Line 23to them, as evidenced by a recent overt act, attempt, or threat to do serious
Page 12, Line 24physical harm by the person in question.".
Page 12, Line 25Page 86, after line 1 insert:
Page 12, Line 26"(21) "Lay person" means a person identified by another person
Page 12, Line 27who is detained on an involuntary emergency mental health hold pursuant
Page 12, Line 28to section 27-65-106, certified for short-term treatment pursuant to
Page 12, Line 29section 27-65-109 section 27-65-108.5, 27-65-109, or 27-65-109.5, or
Page 12, Line 30certified for long-term care and treatment pursuant to section 27-65-110
Page 12, Line 31who is authorized to participate in activities related to the person's
Page 12, Line 32involuntary emergency mental health hold, short-term treatment, or
Page 12, Line 33long-term treatment, including court appearances, discharge planning, and
Page 12, Line 34grievances. The person may rescind the lay person's authorization at any
Page 12, Line 35time.".
Page 12, Line 36Page 86, strike lines 12 through 14.
Page 13, Line 1Page 87, line 8, after "act" insert "against a person".
Page 13, Line 2Page 87, strike lines 10 through 12 and substitute "another person, or
Page 13, Line 3is likely to cause serious emotional distress to a reasonable
Page 13, Line 4person.".
Page 13, Line 5Page 90, line 12, after "reason;" insert "or".
Page 13, Line 6Page 90, strike lines 13 through 15.
Page 13, Line 7Renumber succeeding subparagraph accordingly.
Page 13, Line 8Page 92, line 25, strike "jail, lockup, or another" and substitute
Page 13, Line 9"jail,".
Page 13, Line 10Page 92, strike line 26.
Page 13, Line 11Page 92, line 27, strike "a penal offense,".
Page 13, Line 12Page 93, strike lines 9 and 10 and substitute "charge in jail may be
Page 13, Line 13placed only".
Page 13, Line 14Page 94, strike lines 13 through 15 and substitute "for a criminal
Page 13, Line 15charge in jail.".
Page 13, Line 16Page 97, strike lines 4 through 27.
Page 13, Line 17Strike pages 98 through 107.
Page 13, Line 18Page 108, strike lines 1 through 20.
Page 13, Line 19Renumber succeeding sections accordingly.
Page 13, Line 20Page 108, strike lines 26 and 27.
Page 13, Line 21Page 109, strike lines 1 through 18 and substitute:
Page 13, Line 22"(1) A respondent may be certified for short-term
Page 13, Line 23treatment pursuant to section 27-65-108.5, 27-65-109, or
Page 13, Line 2427-65-109.5, or certified for long-term care and treatment
Page 13, Line 25pursuant to section 27-65-110, if:
Page 13, Line 26(a) The respondent has been advised of the availability of,
Page 13, Line 27but has not accepted, voluntary treatment;
Page 14, Line 1(b) With the consideration of all reasonably available
Page 14, Line 2information, including the relevant history of the respondent,
Page 14, Line 3there are reasonable grounds to believe that the respondent
Page 14, Line 4will not remain in a voluntary treatment program;
Page 14, Line 5(c) The respondent, by clear and convincing evidence, has
Page 14, Line 6a mental health disorder and, as a result of the mental health
Page 14, Line 7disorder, the respondent is a danger to the respondent's self, a
Page 14, Line 8danger to others, or gravely disabled; or
Page 14, Line 9(d) The respondent, by clear and convincing evidence, has
Page 14, Line 10a persistent mental health disorder.".
Page 14, Line 11Page 111, line 5, strike "(2.6), (2.7), and (7.5)" and substitute "(7.1), (7.5),
Page 14, Line 12and (13)".
Page 14, Line 13Strike page 113.
Page 14, Line 14Page 114, strike lines 1 through 18.
Page 14, Line 15Page 115, strike lines 1 through 8 and substitute "criminal case and any
Page 14, Line 16attorney appointed pursuant to section 27-65-113 section 27-65-113.5.
Page 14, Line 17The court shall ask the respondent to designate one other person whom
Page 14, Line 18the respondent wants to be informed regarding the petition. If the
Page 14, Line 19respondent is incapable of making such a designation at the time the
Page 14, Line 20petition is delivered, the court may ask the respondent to designate such
Page 14, Line 21person as soon as the respondent is capable.
Page 14, Line 22(7) The respondent may knowingly and voluntarily consent in
Page 14, Line 23writing to the petition.
Page 14, Line 24(7.1) (a) If the respondent is certified for short-term".
Page 14, Line 25Page 117, strike lines 6 through 27.
Page 14, Line 26Strike page 118 through 127.
Page 14, Line 27Page 128, strike lines 1 through 26 and substitute:
Page 14, Line 28"SECTION 10. In Colorado Revised Statutes, 27-65-109, amend
Page 14, Line 29(1), (2) introductory portion, (2)(a), and (9); repeal (7); and add (11) as
Page 14, Line 30follows:
Page 14, Line 3127-65-109. Certification for short-term treatment - procedure.
Page 14, Line 32(1) A person may be certified for not more than three months for
Page 14, Line 33short-term treatment under the following conditions:
Page 14, Line 34(a) The professional staff of the facility detaining the person on
Page 14, Line 35an emergency mental health hold has evaluated the person and has found
Page 15, Line 1the person has a mental health disorder and, as a result of the mental
Page 15, Line 2health disorder, is a danger to the person's self or others or is gravely
Page 15, Line 3disabled meets the criteria for certification for short-term
Page 15, Line 4treatment pursuant to section 27-65-108.3 (1);
Page 15, Line 5(b) The person has been advised of the availability of, but has not
Page 15, Line 6accepted, voluntary treatment; but, if reasonable grounds exist to believe
Page 15, Line 7that the person will not remain in a voluntary treatment program, the
Page 15, Line 8person's acceptance of voluntary treatment does not preclude certification;
Page 15, Line 9(c) (b) The facility or community provider that will provide
Page 15, Line 10short-term treatment has been designated by the commissioner to provide
Page 15, Line 11such treatment; and
Page 15, Line 12(d) (c) The person, the person's legal guardian, and the person's
Page 15, Line 13lay person, if applicable, have been advised of the person's right to an
Page 15, Line 14attorney and to contest the certification for short-term treatment.
Page 15, Line 15(2) The notice of certification must be signed by a professional
Page 15, Line 16person who participated in the evaluation conducted pursuant to
Page 15, Line 17subsection (1)(a) of this section. The notice of certification must:
Page 15, Line 18(a) State facts sufficient to establish reasonable grounds to believe
Page 15, Line 19that the respondent has a mental health disorder and, as a result of the
Page 15, Line 20mental health disorder, is a danger to the respondent's self or others or is
Page 15, Line 21gravely disabled meets the criteria for certification for
Page 15, Line 22short-term treatment pursuant to section 27-65-108.3 (1);
Page 15, Line 23(7) Records and papers in proceedings pursuant to this section
Page 15, Line 24must be maintained separately by the clerks of the several courts. Upon
Page 15, Line 25the release of any respondent in accordance with section 27-65-112, the
Page 15, Line 26facility shall notify the clerk of the court within five days after the release,
Page 15, Line 27and the clerk shall immediately seal the record in the case and omit the
Page 15, Line 28name of the respondent from the index of cases in the court until and
Page 15, Line 29unless the respondent becomes subject to an order of certification for
Page 15, Line 30long-term care and treatment pursuant to section 27-65-110 or until and
Page 15, Line 31unless the court orders the records opened for good cause shown. In the
Page 15, Line 32event a petition is filed pursuant to section 27-65-110, the certification
Page 15, Line 33record may be opened and become a part of the record in the long-term
Page 15, Line 34care and treatment case and the name of the respondent indexed.
Page 15, Line 35(9) In accordance with the procedures described in section
Page 15, Line 3627-65-112, a respondent certified for short-term treatment may be
Page 15, Line 37discharged upon the signature of the treating medical professional and the
Page 15, Line 38medical director of the facility. A respondent certified for short-term
Page 15, Line 39treatment on an outpatient basis may be discharged upon the signature of
Page 15, Line 40the approved professional person overseeing the respondent's treatment,
Page 15, Line 41and the professional person shall notify the BHA prior to the discharge.
Page 15, Line 42A facility or program shall make the respondent's discharge instructions
Page 15, Line 43available to the respondent, the respondent's attorney, and the
Page 16, Line 1respondent's legal guardian, if applicable, within seven days after
Page 16, Line 2discharge, if requested. A facility or program that is transferring a
Page 16, Line 3respondent to a different treatment facility or to an outpatient provider
Page 16, Line 4shall provide all treatment records to the facility or provider accepting the
Page 16, Line 5respondent at least twenty-four hours prior to the transfer.
Page 16, Line 6(11) The department and the BHA may receive and possess
Page 16, Line 7all information relevant to the proceedings held pursuant to
Page 16, Line 8this section, including competency and mental health
Page 16, Line 9evaluations; any medical and mental health records for which
Page 16, Line 10a waiver or privilege has been found in proceedings held
Page 16, Line 11pursuant to this section or pursuant to article 8 or 8.5 of title
Page 16, Line 1216; and relevant criminal justice records, including any
Page 16, Line 13criminal history of the respondent. The department may share
Page 16, Line 14and discuss the relevant information with the parties to the
Page 16, Line 15proceedings.
Page 16, Line 16SECTION 11. In Colorado Revised Statutes, add 27-65-109.5 as
Page 16, Line 17follows:
Page 16, Line 1827-65-109.5. Certification for short-term outpatient treatment.
Page 16, Line 19(1) A person may be certified for not more than three
Page 16, Line 20months for short-term outpatient treatment if a professional
Page 16, Line 21person or intervening professional acting within the scope of
Page 16, Line 22their authority and licensure:
Page 16, Line 23(a) Has an established treatment relationship with the
Page 16, Line 24person, including having provided care to the person in the past
Page 16, Line 25three months, which care forms the basis for requesting the
Page 16, Line 26outpatient certification;
Page 16, Line 27(b) Has evaluated the person within the past three months
Page 16, Line 28and opined that the person meets the criteria for certification
Page 16, Line 29for short-term treatment pursuant to section 27-65-108.3 (1);
Page 16, Line 30and
Page 16, Line 31(c) Files with the court a signed outpatient certification.
Page 16, Line 32(2) (a) The professional person or intervening professional
Page 16, Line 33acting within the scope of their authority and licensure is the
Page 16, Line 34petitioner.
Page 16, Line 35(b) Prior to filing the petition, the petitioner shall:
Page 16, Line 36(I) Ask the respondent to designate a lay person whom the
Page 16, Line 37respondent wishes to be informed regarding the outpatient
Page 16, Line 38certification;
Page 16, Line 39(II) Provide the respondent with a copy of the outpatient
Page 16, Line 40certification; and
Page 16, Line 41(III) Provide the respondent with the contact information
Page 16, Line 42for the court in which the outpatient certification will be filed
Page 16, Line 43and for any designated provider that is willing to hold the
Page 17, Line 1outpatient certification and that has been identified by the
Page 17, Line 2commissioner to provide treatment.
Page 17, Line 3(3) The signed outpatient certification must:
Page 17, Line 4(a) State sufficient facts to establish reasonable grounds
Page 17, Line 5that the respondent meets the criteria set forth in section
Page 17, Line 627-65-108.3;
Page 17, Line 7(b) Be filed with the court within fourteen days,
Page 17, Line 8excluding Saturdays, Sundays, and court holidays, after the
Page 17, Line 9initiating party received the court order from the criminal
Page 17, Line 10court initiating the outpatient certification, and a copy must be
Page 17, Line 11provided to CDHS and the BHA within twenty-four hours after
Page 17, Line 12filing the outpatient certification;
Page 17, Line 13(c) Provide all contact information that the petitioner
Page 17, Line 14has for the respondent;
Page 17, Line 15(d) Provide the name and contact information for the lay
Page 17, Line 16person designated by the respondent, or for any family or
Page 17, Line 17friends of the respondent if the respondent was unwilling or
Page 17, Line 18incapable of designating a lay person; and
Page 17, Line 19(e) Identify any designated provider that is willing to
Page 17, Line 20hold the outpatient certification and that has been identified by
Page 17, Line 21the commissioner to provide treatment, or include a statement
Page 17, Line 22that a designated provider needs to be identified.
Page 17, Line 23(4) Once the BHA receives the notice of outpatient
Page 17, Line 24certification, if no designated provider has been identified, the
Page 17, Line 25BHA shall provide care coordination pursuant to section
Page 17, Line 2627-65-108, which includes making diligent efforts to identify a
Page 17, Line 27designated provider to hold the outpatient certification and
Page 17, Line 28provide care to the respondent. The BHA shall keep the court,
Page 17, Line 29petitioner, and county attorney informed in writing regarding
Page 17, Line 30any designated provider that will hold the outpatient
Page 17, Line 31certification and provide care to the respondent.
Page 17, Line 32(5) If the respondent has not designated a lay person
Page 17, Line 33whom the respondent wishes to be informed regarding the
Page 17, Line 34outpatient certification, the respondent must be asked and
Page 17, Line 35allowed to designate a lay person as soon as the respondent is
Page 17, Line 36capable and willing to do so.
Page 17, Line 37(6) Whenever an outpatient certification is filed with the
Page 17, Line 38court by a professional person or intervening professional, the
Page 17, Line 39court shall immediately appoint an attorney to represent the
Page 17, Line 40respondent. The respondent has the right to an attorney for all
Page 17, Line 41proceedings conducted pursuant to this section, including any
Page 17, Line 42appeals. The attorney representing the respondent must be
Page 17, Line 43provided with a copy of the outpatient certification and all
Page 18, Line 1supporting documentation immediately upon the attorney's
Page 18, Line 2appointment. The respondent may only waive counsel when the
Page 18, Line 3respondent makes a knowing and intelligent waiver in front of
Page 18, Line 4the court.
Page 18, Line 5(7) The respondent or the respondent's attorney may at
Page 18, Line 6any time file a written request that the certification for
Page 18, Line 7short-term treatment or the treatment be reviewed by the
Page 18, Line 8court or that the treatment be on an outpatient basis. If a
Page 18, Line 9review is requested, the court shall hear the matter within ten
Page 18, Line 10days after the request, and the court shall give notice to the
Page 18, Line 11respondent and the respondent's attorney and the certifying
Page 18, Line 12and treating professional person or intervening professional of
Page 18, Line 13the time and place of the hearing. The hearing must be held in
Page 18, Line 14accordance with section 27-65-113.1. At the conclusion of the
Page 18, Line 15hearing, the court may enter or confirm the outpatient
Page 18, Line 16certification for short-term treatment, discharge the
Page 18, Line 17respondent, or enter any other appropriate order.
Page 18, Line 18(8) This section does not require a court appearance if the
Page 18, Line 19respondent does not contest the outpatient certification and a
Page 18, Line 20designated provider is identified to hold the outpatient
Page 18, Line 21certification and the designated provider makes contact with
Page 18, Line 22the respondent within seven days after the designated provider
Page 18, Line 23begins holding the outpatient certification.
Page 18, Line 24(9) The court shall set a hearing if:
Page 18, Line 25(a) The respondent requests to contest, modify, or
Page 18, Line 26terminate the outpatient certification;
Page 18, Line 27(b) The outpatient certification was filed and a
Page 18, Line 28designated provider was not identified within seven days after
Page 18, Line 29the filing of the outpatient certification; or
Page 18, Line 30(c) The designated provider did not make contact with the
Page 18, Line 31respondent within seven days after the designated provider
Page 18, Line 32began holding the outpatient certification.
Page 18, Line 33(10) The court may set a court review or hearing for good
Page 18, Line 34cause shown at any time upon the request of a party, the county
Page 18, Line 35attorney responsible for proceedings, or the court's own
Page 18, Line 36motion.
Page 18, Line 37(11) The BHA may receive and possess all information
Page 18, Line 38relevant to the proceedings pursuant to this section, including
Page 18, Line 39competency and mental health evaluations; any medical and
Page 18, Line 40mental health records for which a waiver or privilege has been
Page 18, Line 41found in proceedings pursuant to this section or pursuant to
Page 18, Line 42article 8 or 8.5 of title 16; and relevant criminal justice
Page 18, Line 43records, including any criminal history of the respondent. The
Page 19, Line 1BHA may share and discuss the relevant information with the
Page 19, Line 2parties to the proceedings.
Page 19, Line 3(12) In accordance with the procedures described in
Page 19, Line 4section 27-65-112, a respondent certified for short-term
Page 19, Line 5treatment on an outpatient basis may be discharged upon the
Page 19, Line 6signature of the approved professional person overseeing the
Page 19, Line 7respondent's treatment, and the professional person shall
Page 19, Line 8notify the BHA prior to the discharge. A facility or program
Page 19, Line 9shall make the respondent's discharge instructions available to
Page 19, Line 10the respondent, the respondent's attorney, and the respondent's
Page 19, Line 11legal guardian, if applicable, within seven days after discharge,
Page 19, Line 12if requested. A facility or program that is transferring a
Page 19, Line 13respondent to a different treatment facility or to an outpatient
Page 19, Line 14provider shall provide all treatment records to the facility or
Page 19, Line 15provider accepting the respondent at least twenty-four hours
Page 19, Line 16prior to the transfer.
Page 19, Line 17(13) If the professional person in charge of the evaluation
Page 19, Line 18and treatment believes that a period longer than three months
Page 19, Line 19is necessary to treat the respondent, the professional person
Page 19, Line 20shall file with the court an extended certification at least
Page 19, Line 21thirty days prior to the expiration date of the original
Page 19, Line 22certification. An extended certification for treatment must not
Page 19, Line 23be for a period of more than three months. The respondent is
Page 19, Line 24entitled to a hearing on the extended certification under the
Page 19, Line 25same conditions as an original certification. The attorney
Page 19, Line 26initially representing the respondent shall continue to
Page 19, Line 27represent the respondent, unless the court appoints another
Page 19, Line 28attorney.
Page 19, Line 29(14) This section does not preclude any proceedings or
Page 19, Line 30actions pursuant to section 27-65-106, 27-65-108.5, or 27-65-109.".
Page 19, Line 31Renumber succeeding sections accordingly.
Page 19, Line 32Page 133, strike lines 8 through 27.
Page 19, Line 33Page 134, strike lines 1 through 8 and substitute:
Page 19, Line 34"(1) (a) An original or extended certification for short-term
Page 19, Line 35treatment issued pursuant to section 27-65-108.5 or 27-65-109
Page 19, Line 3627-65-108.5, 27-65-109, or 27-65-109.5, or an order or extension for
Page 19, Line 37certification for long-term care and treatment pursuant to section
Page 19, Line 3827-65-110, terminates as soon as when the professional person in charge
Page 19, Line 39of treatment of the respondent and the BHA, after a reasonable
Page 20, Line 1observation and treatment period, determine the respondent has
Page 20, Line 2received sufficient benefit from the treatment for the respondent to end
Page 20, Line 3involuntary treatment. Whenever a certification or extended certification
Page 20, Line 4is terminated pursuant to this section, the professional person in charge
Page 20, Line 5of providing treatment shall notify the court in writing within five days
Page 20, Line 6after the termination no longer meets the criteria for certification
Page 20, Line 7for short-term treatment pursuant to section 27-65-108.3 (1).
Page 20, Line 8(b) The professional person in charge of the respondent's
Page 20, Line 9care shall not approve the termination of the certification
Page 20, Line 10unless two professional persons independently evaluate the
Page 20, Line 11respondent and independently opine that the respondent no
Page 20, Line 12longer meets the criteria for certification for short-term
Page 20, Line 13treatment. One of the opinions must be from the professional
Page 20, Line 14person who is most responsible for interacting with and
Page 20, Line 15providing direct care and treatment to the respondent. This
Page 20, Line 16requirement does not apply if a provider employs and contracts
Page 20, Line 17with only one professional person.".
Page 20, Line 18Page 139, line 9, after "27-65-109," insert "27-65-109.5,".
Page 20, Line 19Page 140, strike lines 14 through 22 and substitute "16-8.5-118, unless
Page 20, Line 20expressly relieved or modified by statute;
Page 20, Line 21(b) To assist a nonprofessional individual who is
Page 20, Line 22attempting to initiate a request to the court for an evaluation,
Page 20, Line 23pursuant to section 27-65-106 (1)(b), of a person whom the
Page 20, Line 24nonprofessional individual believes meets the criteria for a
Page 20, Line 25certification by providing information and assisting in making
Page 20, Line 26filings to the court;".
Page 20, Line 27Page 142, line 12, strike "and (10)" and substitute "(10), and (11)".
Page 20, Line 28Page 144, after line 17 insert:
Page 20, Line 29"(11) The district attorney may provide information to a
Page 20, Line 30victim when necessary to comply with the "Victim Rights Act",
Page 20, Line 31part 3 of article 4.1 of title 24.".
Page 20, Line 32Page 145, after line 12 insert:
Page 20, Line 33"SECTION 21. In Colorado Revised Statutes, add part 2 to
Page 20, Line 34article 65 of title 27 as follows:
Page 20, Line 35PART 2
Page 20, Line 36CIVIL COMMITMENT OF INCOMPETENT AND
Page 21, Line 1UNRESTORABLE PERSON
Page 21, Line 227-65-201. Court supervision of incompetent and unrestorable
Page 21, Line 3person ordered into civil commitment - repeal.
Page 21, Line 4(1) Once a criminal court has transferred jurisdiction of
Page 21, Line 5a civil commitment pursuant to section 16-8.5-118 to a civil court
Page 21, Line 6with jurisdiction pursuant to section 27-65-113, the civil court
Page 21, Line 7has exclusive jurisdiction over the civil commitment.
Page 21, Line 8(2) Upon receiving jurisdiction of a civil commitment, the
Page 21, Line 9civil court shall:
Page 21, Line 10(a) Notify the county attorney;
Page 21, Line 11(b) Appoint an attorney to represent the respondent and
Page 21, Line 12provide copies of any documents sent from the criminal court to
Page 21, Line 13the respondent's attorney; and
Page 21, Line 14(c) Set a review hearing and order the respondent
Page 21, Line 15brought before the court.
Page 21, Line 16(3) At the review hearing, the court shall:
Page 21, Line 17(a) Ensure the respondent is represented by counsel; and
Page 21, Line 18(b) Advise the respondent of the following rights:
Page 21, Line 19(I) The right to appear in person at any proceeding, unless
Page 21, Line 20waived by the respondent;
Page 21, Line 21(II) The right to be represented by privately retained
Page 21, Line 22counsel, or court-appointed counsel if the respondent does not
Page 21, Line 23have privately retained counsel, during any proceeding held
Page 21, Line 24pursuant to this article 65, including any appeals;
Page 21, Line 25(III) The right to request modification of the terms of the
Page 21, Line 26civil commitment; and
Page 21, Line 27(IV) The right to periodic review of the civil commitment
Page 21, Line 28and the right to contest, including by trial, whether the
Page 21, Line 29respondent qualifies for termination of civil commitment.
Page 21, Line 30(4) At any time during the civil commitment, the court
Page 21, Line 31may:
Page 21, Line 32(a) Modify any court order or any term of the civil
Page 21, Line 33commitment upon request of the parties after giving the parties
Page 21, Line 34an opportunity to object and be heard;
Page 21, Line 35(b) Issue a warrant for the respondent's arrest and order
Page 21, Line 36the respondent be brought before the court if the court
Page 21, Line 37determines the respondent has failed to comply with any of the
Page 21, Line 38court's orders, including the respondent's unauthorized
Page 21, Line 39departure from the physical custody of a provider;
Page 21, Line 40(c) Order CDHS to provide to the court:
Page 21, Line 41(I) An updated opinion on whether the respondent meets
Page 21, Line 42the criteria for termination of civil commitment pursuant to
Page 21, Line 43section 27-65-202; and
Page 22, Line 1(II) An opinion on whether the respondent has an
Page 22, Line 2intellectual and developmental disability or neurocognitive
Page 22, Line 3disorder, as those terms are defined in section 25.5-10-501,
Page 22, Line 4without having any other mental health disorder that is not an
Page 22, Line 5intellectual and developmental disability or neurocognitive
Page 22, Line 6disorder and that substantially contributes to whether the
Page 22, Line 7respondent is a danger to the respondent's self or a danger to
Page 22, Line 8others, or is gravely disabled.
Page 22, Line 9(d) Upon the request of any party, the request of the
Page 22, Line 10individual or entity with physical care and custody of the
Page 22, Line 11respondent, or the court's own motion, conduct a review of the
Page 22, Line 12respondent's placement and enter any orders necessary for
Page 22, Line 13sharing or receiving information necessary to review and modify
Page 22, Line 14the placement, unless the respondent is placed into inpatient
Page 22, Line 15care at the discretion of CDHS or HCPF;
Page 22, Line 16(e) Order, as necessary, appropriate entities, including the
Page 22, Line 17sheriff, to bring the respondent before the court or take the
Page 22, Line 18respondent to the placement where physical custody of the
Page 22, Line 19respondent has been ordered;
Page 22, Line 20(f) Appoint a legal guardian pursuant to article 14 of
Page 22, Line 21title 15; or
Page 22, Line 22(g) Issue orders as necessary to effectuate and enforce
Page 22, Line 23the court's powers and responsibilities pursuant to this section,
Page 22, Line 24including authorization for the reasonable use of force,
Page 22, Line 25warrants for the arrest of the respondent, or contempt
Page 22, Line 26proceedings against a noncompliant individual or entity.
Page 22, Line 27(5) (a) The court shall ensure the respondent is placed in
Page 22, Line 28the least-restrictive placement adequate to protect the victim
Page 22, Line 29and the community and provide, to the greatest extent possible,
Page 22, Line 30the appropriate level of care, treatment, and supervision of the
Page 22, Line 31respondent.
Page 22, Line 32(b) If the respondent is not placed into inpatient care at
Page 22, Line 33the discretion of CDHS or HCPF or if CDHS or HCPF proposes to
Page 22, Line 34move the respondent into or out of inpatient care, the court
Page 22, Line 35shall, prior to modifying the civil commitment to change the
Page 22, Line 36respondent's provider or placement, review the appropriateness
Page 22, Line 37of the proposed provider or placement, including whether the
Page 22, Line 38provider fits the respondent's diagnosis and treatment needs and
Page 22, Line 39whether the placement sufficiently protects the community
Page 22, Line 40from the substantial risk of serious harm to others posed by the
Page 22, Line 41respondent.
Page 22, Line 42(c) Upon request, the court shall permit CDHS, the
Page 22, Line 43parties, or the appointed legal guardian the opportunity to
Page 23, Line 1object and be heard prior to the court's decision. The court may
Page 23, Line 2permit testimony if the court believes it would be helpful to the
Page 23, Line 3court's decision.
Page 23, Line 4(d) When deciding whether to approve the new provider or
Page 23, Line 5placement, the court shall give due deference to CDHS and the
Page 23, Line 6opinion of any medical professional on the appropriateness of
Page 23, Line 7the provider and placement for the respondent, victims, and
Page 23, Line 8community, but deference must not be given to CDHS or a
Page 23, Line 9medical professional as to whether the placement sufficiently
Page 23, Line 10protects any victims and the community from the substantial
Page 23, Line 11risk of serious harm to others posed by the respondent. When
Page 23, Line 12considering the appropriateness of the placement for the
Page 23, Line 13respondent, victims, and community, the court shall consider
Page 23, Line 14the totality of the circumstances, including:
Page 23, Line 15(I) The respondent's statements and insights into the
Page 23, Line 16respondent's mental health disorder;
Page 23, Line 17(II) The clinical diagnosis and clinical perspective on the
Page 23, Line 18respondent's current mental state and prognosis;
Page 23, Line 19(III) The respondent's willingness and demonstrated
Page 23, Line 20ability to voluntarily seek and comply with a treatment plan in
Page 23, Line 21the reasonably foreseeable future;
Page 23, Line 22(IV) Recent overt acts by the respondent to threaten,
Page 23, Line 23cause, or attempt to cause harm to the respondent's self or
Page 23, Line 24others;
Page 23, Line 25(V) Previous patterns of deterioration that resulted in
Page 23, Line 26the respondent's hospitalization, arrest, or certification for
Page 23, Line 27short-term treatment;
Page 23, Line 28(VI) Whether the respondent was found in a condition
Page 23, Line 29where the respondent was not able to care for the respondent's
Page 23, Line 30own basic needs in order to avoid the risk of serious physical
Page 23, Line 31harm;
Page 23, Line 32(VII) The frequency, recency, and severity of the
Page 23, Line 33considerations described in subsections (5)(d)(II) to (5)(d)(VI) of
Page 23, Line 34this section and the likelihood that the conditions and events
Page 23, Line 35will reoccur without inpatient treatment;
Page 23, Line 36(VIII) Whether the respondent opposes the placement;
Page 23, Line 37(IX) Whether community-based placement can be
Page 23, Line 38reasonably accommodated;
Page 23, Line 39(X) The limited resources of the state and the needs of
Page 23, Line 40others; and
Page 23, Line 41(XI) The placement recommendations of any treating
Page 23, Line 42professionals.
Page 23, Line 43(e) The court shall not permit or order a respondent to be
Page 24, Line 1placed into a community-based setting outside of inpatient care
Page 24, Line 2for the first time since being civilly committed unless:
Page 24, Line 3(I) Any victims have been notified of a critical stage, as
Page 24, Line 4defined in section 24-4.1-302 (2)(q.3), and given the opportunity to
Page 24, Line 5be heard; and
Page 24, Line 6(II) The district attorney in the case that sought civil
Page 24, Line 7commitment or enhanced protective placement has been notified
Page 24, Line 8and given an opportunity to object and be heard.
Page 24, Line 9(f) If the court modifies the respondent's provider or
Page 24, Line 10placement, the court shall issue any orders necessary to
Page 24, Line 11mitigate the respondent's risk to any victims or the community,
Page 24, Line 12including ordering the provider to take reasonable and
Page 24, Line 13practicable protective measures to prevent the respondent from
Page 24, Line 14contacting any victims; except that the court shall not order
Page 24, Line 15the respondent to comply with any conditions that are not
Page 24, Line 16necessary to mitigate the respondent's risk or with which the
Page 24, Line 17respondent cannot comply.
Page 24, Line 18(6) (a) If the court orders the respondent to be placed into
Page 24, Line 19inpatient care at the discretion of CDHS or HCPF, the executive
Page 24, Line 20director of CDHS shall designate the state facility at which the
Page 24, Line 21respondent is held for care and treatment and may transfer the
Page 24, Line 22respondent from one facility to another if, in the opinion of the
Page 24, Line 23executive director, it is appropriate to do so in the interest of
Page 24, Line 24the proper care, custody, and treatment of the respondent or
Page 24, Line 25for the protection of the public or personnel at the facilities in
Page 24, Line 26question.
Page 24, Line 27(b) Notwithstanding subsection (6)(a) of this section,
Page 24, Line 28CDHS shall:
Page 24, Line 29(I) Ensure the respondent is placed in the
Page 24, Line 30least-restrictive placement adequate to protect the victim and
Page 24, Line 31the community and provide, to the greatest extent possible, the
Page 24, Line 32appropriate level of care, treatment, and supervision of the
Page 24, Line 33respondent; and
Page 24, Line 34(II) Not place the respondent in a community-based
Page 24, Line 35setting outside of inpatient care for the first time since the
Page 24, Line 36respondent was civilly committed without prior approval of the
Page 24, Line 37court pursuant to subsection (5) of this section.
Page 24, Line 38(7) Termination of the civil commitment is governed by
Page 24, Line 39section 27-65-202.
Page 24, Line 40(8) The provider charged with the physical care and
Page 24, Line 41custody of the respondent shall submit a report to the court
Page 24, Line 42and the parties annually by the date the respondent was civilly
Page 24, Line 43committed unless a substantially similar examination was
Page 25, Line 1ordered by the court within the previous twelve months. The
Page 25, Line 2report must include:
Page 25, Line 3(a) The provider's opinion about whether the respondent:
Page 25, Line 4(I) Meets the criteria for short-term certification
Page 25, Line 5pursuant to section 27-65-108.3 (1) or short-term protective
Page 25, Line 6placement pursuant to section 25.5-10-503 (1);
Page 25, Line 7(II) Continues to meet the criteria for civil commitment
Page 25, Line 8pursuant to section 16-8.5-118;
Page 25, Line 9(III) Meets the criteria for enhanced protective
Page 25, Line 10placement pursuant to section 16-8.5-118;
Page 25, Line 11(IV) Is appropriately placed; and
Page 25, Line 12(V) Meets the criteria for termination of the civil
Page 25, Line 13commitment pursuant to section 27-65-202;
Page 25, Line 14(b) A summary of the materials reviewed, assessments
Page 25, Line 15conducted, and other bases of opinions rendered;
Page 25, Line 16(c) The respondent's diagnosis and whether the
Page 25, Line 17respondent's symptoms are in remission;
Page 25, Line 18(d) A summary of the services or treatment provided to
Page 25, Line 19the respondent since the last report and the respondent's
Page 25, Line 20progress;
Page 25, Line 21(e) A summary of the respondent's compliance with
Page 25, Line 22treatment or services, including information about medications
Page 25, Line 23currently prescribed to the respondent and whether the
Page 25, Line 24respondent is compliant with taking the prescribed medications;
Page 25, Line 25(f) An assessment of the respondent's risk of harm to
Page 25, Line 26others;
Page 25, Line 27(g) A summary of the respondent's treatment or service
Page 25, Line 28needs by utilizing evidence-based standards of individualized
Page 25, Line 29treatment and management of individuals civilly committed;
Page 25, Line 30(h) A summary of the specific treatment or service options
Page 25, Line 31available to the respondent in the community and the specific
Page 25, Line 32treatment or service options available to the respondent at a
Page 25, Line 33facility designated by the executive director of CDHS;
Page 25, Line 34(i) A summary of whether and how ongoing risks could be
Page 25, Line 35mitigated if the respondent were placed in the community; and
Page 25, Line 36(j) Specific facts and evidence supporting each opinion
Page 25, Line 37made pursuant to subsection (8)(a) of this section.
Page 25, Line 38(9) The court may order any treatment or service
Page 25, Line 39provider who has agreed or who has been ordered to provide
Page 25, Line 40services or treatment to the respondent to issue regular
Page 25, Line 41progress reports containing information required pursuant to
Page 25, Line 42subsection (8) of this section or other information deemed
Page 25, Line 43necessary for the court's supervision of the civil commitment.
Page 26, Line 1(10) (a) The court may, upon a showing of good cause,
Page 26, Line 2order an examination by a psychologist or psychiatrist
Page 26, Line 3regarding the respondent's progress with treatment and
Page 26, Line 4whether the respondent meets the criteria for conversion of the
Page 26, Line 5civil commitment to an enhanced protective placement,
Page 26, Line 6certification for short-term treatment, or short-term
Page 26, Line 7protective placement, or meets the criteria for termination of
Page 26, Line 8the civil commitment pursuant to section 27-65-202. The
Page 26, Line 9respondent shall cooperate with any examinations ordered
Page 26, Line 10pursuant to this subsection (10)(a).
Page 26, Line 11(b) Statements made by the respondent during an
Page 26, Line 12examination conducted pursuant to this subsection (10) must not
Page 26, Line 13be used in any criminal prosecution.
Page 26, Line 14(c) Good cause includes a respondent's timely request for
Page 26, Line 15an evaluation that allows a competency evaluator to provide
Page 26, Line 16a second opinion in response to the report provided pursuant to
Page 26, Line 17subsection (8) of this section that opines that the respondent
Page 26, Line 18does not meet the criteria for termination.
Page 26, Line 19(11) This section is repealed, effective July 1, 2030.
Page 26, Line 2027-65-202. Termination of civil commitment - repeal.
Page 26, Line 21(1) The court shall terminate a respondent's civil
Page 26, Line 22commitment ordered pursuant to section 27-65-201 if the
Page 26, Line 23respondent:
Page 26, Line 24(a) No longer poses a substantial risk of serious harm to
Page 26, Line 25others; or
Page 26, Line 26(b) Does not have a mental health disorder that is likely
Page 26, Line 27to cause the respondent to be a danger to the respondent's self
Page 26, Line 28or a danger to others and the respondent has demonstrated
Page 26, Line 29sufficient capacity and willingness to conform the respondent's
Page 26, Line 30conduct to the requirements of the law.
Page 26, Line 31(2) If a treatment provider charged with the physical care
Page 26, Line 32and custody of the respondent determines that the respondent
Page 26, Line 33meets the standard for termination from civil commitment
Page 26, Line 34pursuant to subsection (1) of this section, the provider or the
Page 26, Line 35provider's designee shall report the determination to the court
Page 26, Line 36that placed the respondent into the provider's care and custody,
Page 26, Line 37the county attorney, and the district attorney who originally
Page 26, Line 38sought civil commitment or an enhanced protective placement
Page 26, Line 39pursuant to section 16-8.5-118. The court shall furnish a copy of
Page 26, Line 40any reports received to the respondent and the respondent's
Page 26, Line 41counsel.
Page 26, Line 42(3) (a) The respondent may request termination of the civil
Page 26, Line 43commitment in writing at any time the respondent would not be
Page 27, Line 1prohibited from having a subsequent termination trial pursuant
Page 27, Line 2to subsection (7) of this section.
Page 27, Line 3(b) The court shall deny the request unless the request
Page 27, Line 4for termination includes an opinion from a professional person
Page 27, Line 5that the respondent currently meets the criteria for
Page 27, Line 6termination of the civil commitment pursuant to subsection (1)
Page 27, Line 7of this section.
Page 27, Line 8(4) (a) If the court does not deny the request for
Page 27, Line 9termination without a hearing, the court shall permit the
Page 27, Line 10county attorney and the district attorney who originally
Page 27, Line 11sought civil commitment or enhanced protective placement
Page 27, Line 12pursuant to section 16-8.5-118 fourteen days to object to
Page 27, Line 13termination or request an opportunity to conduct an
Page 27, Line 14independent evaluation by an expert of the county attorney's or
Page 27, Line 15district attorney's own choosing and expense.
Page 27, Line 16(b) If neither the county attorney nor the district
Page 27, Line 17attorney object or request an opportunity to request an
Page 27, Line 18independent evaluation, the court shall terminate the
Page 27, Line 19respondent's civil commitment.
Page 27, Line 20(c) If either the county attorney or the district attorney
Page 27, Line 21request an opportunity to conduct an independent evaluation,
Page 27, Line 22the court shall grant that request, order the respondent to
Page 27, Line 23comply with the evaluation, and permit the county attorney or
Page 27, Line 24district attorney a reasonable period of time to identify an
Page 27, Line 25expert, conduct the evaluation, and issue a report. If both the
Page 27, Line 26county attorney and district attorney request an independent
Page 27, Line 27evaluation, the court shall treat the request as a joint request
Page 27, Line 28for a single independent evaluation.
Page 27, Line 29(d) If the respondent does not cooperate with the
Page 27, Line 30evaluation, the court may grant additional time or deny the
Page 27, Line 31respondent's request for termination.
Page 27, Line 32(e) Upon receipt of the independent evaluation report, the
Page 27, Line 33county attorney or district attorney must provide a copy to
Page 27, Line 34respondent's counsel and the court within fourteen days.
Page 27, Line 35(f) If neither the county attorney nor district attorney
Page 27, Line 36object within the time permitted by the court, the court shall
Page 27, Line 37terminate the respondent's civil commitment.
Page 27, Line 38(5) (a) If either the county attorney or district attorney
Page 27, Line 39timely objects, the court shall, as soon as practicable, bring the
Page 27, Line 40respondent before the court, ensure the respondent and the
Page 27, Line 41respondent's counsel received a copy of the report, and advise
Page 27, Line 42the respondent of the right to demand a trial by the court or
Page 27, Line 43the right to demand, in writing, a jury trial of not more than six
Page 28, Line 1individuals to determine whether the respondent meets the
Page 28, Line 2criteria for termination pursuant to subsection (1) of this
Page 28, Line 3section.
Page 28, Line 4(b) If the respondent demands a trial before the court, the
Page 28, Line 5court shall schedule the trial to begin within thirty-five days
Page 28, Line 6after the demand. If the respondent demands a jury trial, the
Page 28, Line 7court shall schedule the trial to begin within seventy-two days
Page 28, Line 8after the demand. A delay attributable to the respondent is
Page 28, Line 9excluded from the time limitations in this subsection (5)(b). If the
Page 28, Line 10court does not begin the trial within the time permitted
Page 28, Line 11pursuant to this subsection (5)(b), the court shall terminate the
Page 28, Line 12civil commitment and release the respondent from the provider's
Page 28, Line 13care and custody.
Page 28, Line 14(c) If the county attorney does not object to termination
Page 28, Line 15but the district attorney does, the district attorney has
Page 28, Line 16standing to serve as the county attorney for the limited purpose
Page 28, Line 17of trial and any appeals related to the trial. The county
Page 28, Line 18attorney shall timely provide the district attorney all
Page 28, Line 19information and records relevant to the trial in the county
Page 28, Line 20attorney's possession or control without subpoena or court
Page 28, Line 21order. The district attorney's limited standing does not extend
Page 28, Line 22to any other matters related to the civil commitment and
Page 28, Line 23terminates upon resolution of the trial and any related appeals.
Page 28, Line 24(6) (a) At the trial, if any evidence is introduced that
Page 28, Line 25shows the respondent does not meet the criteria for termination
Page 28, Line 26of the civil commitment pursuant to subsection (1) of this
Page 28, Line 27section, the respondent has the burden to show by a
Page 28, Line 28preponderance of the evidence that the respondent meets the
Page 28, Line 29criteria for termination pursuant to subsection (1) of this
Page 28, Line 30section.
Page 28, Line 31(b) If the trier of fact finds, by a preponderance of the
Page 28, Line 32evidence, that the respondent meets the criteria for termination
Page 28, Line 33pursuant to subsection (1) of this section, the court shall order
Page 28, Line 34the respondent released from the provider's care and custody
Page 28, Line 35and terminate the respondent's civil commitment. If the trier of
Page 28, Line 36fact finds, by a preponderance of the evidence, that the
Page 28, Line 37respondent does not meet the criteria for termination pursuant
Page 28, Line 38to subsection (1) of this section, the court shall continue the
Page 28, Line 39civil commitment and may enter or modify any orders to assist
Page 28, Line 40in progressing the treatment of the respondent or that are
Page 28, Line 41necessary to protect the public.
Page 28, Line 42(7) If the trier of fact finds the respondent does not meet
Page 28, Line 43the criteria for termination pursuant to subsection (1) of this
Page 29, Line 1section, the respondent is not entitled to another termination
Page 29, Line 2trial within one year after the conclusion of the previous trial
Page 29, Line 3for termination.
Page 29, Line 4(8) If the respondent does not meet the criteria for
Page 29, Line 5termination pursuant to subsection (1) of this section and has a
Page 29, Line 6mental health disorder that is an intellectual and
Page 29, Line 7developmental disability or a neurocognitive disorder, as those
Page 29, Line 8terms are defined in section 25.5-10-501, without having any
Page 29, Line 9other mental health disorder that is not an intellectual and
Page 29, Line 10developmental disability or neurocognitive disorder and that
Page 29, Line 11substantially contributes to whether the respondent is a
Page 29, Line 12danger to the respondent's self or a danger to others, or is
Page 29, Line 13gravely disabled, the court shall convert the civil commitment
Page 29, Line 14to an enhanced protective placement and may modify the terms
Page 29, Line 15of the enhanced protective placement in accordance with
Page 29, Line 16section 25.5-10-507.
Page 29, Line 17(9) If the defendant does not meet the criteria for
Page 29, Line 18termination pursuant to subsection (1) of this section and has
Page 29, Line 19co-occurring mental health disorders that include an
Page 29, Line 20intellectual and developmental disability or a neurocognitive
Page 29, Line 21disorder, as those terms are defined in section 25.5-10-501, the
Page 29, Line 22court may, upon the recommendation of CDHS, convert a civil
Page 29, Line 23commitment to an enhanced protective placement and modify
Page 29, Line 24the terms of the enhanced protective placement in accordance
Page 29, Line 25with section 25.5-10-507.
Page 29, Line 26(10) This section is repealed, effective July 1, 2030.".
Page 29, Line 27Renumber succeeding sections accordingly.
Page 29, Line 28Page 147, strike lines 1 through 7 and substitute:
Page 29, Line 29"(1) The court may order the protective placement of a
Page 29, Line 30respondent if:
Page 29, Line 31(a) The respondent, by clear and convincing evidence, has
Page 29, Line 32a neurocognitive disorder;
Page 29, Line 33(b) With the consideration of all reasonably available
Page 29, Line 34information, including the relevant history of the respondent,
Page 29, Line 35there are reasonable grounds to believe that the respondent
Page 29, Line 36will not remain in a voluntary treatment program; and
Page 29, Line 37(c) The respondent, by clear and convincing evidence, is a
Page 29, Line 38danger to the respondent's self or a danger to others.".
Page 29, Line 39Page 148, strike lines 18 through 27.
Page 30, Line 1Strike pages 149 through 153.
Page 30, Line 2Page 154, strike lines 1 through 21 and substitute:
Page 30, Line 3"25.5-10-503. Short-term protective placement for
Page 30, Line 4incompetent defendants in a criminal matter.
Page 30, Line 5(1) Upon petition of a professional person or intervening
Page 30, Line 6professional acting within the scope of their authority and
Page 30, Line 7licensure, an appointed legal guardian, or a representative of
Page 30, Line 8the BHA or HCPF, a court may certify a person for short-term
Page 30, Line 9protective placement for not more than three months under the
Page 30, Line 10following conditions:
Page 30, Line 11(a) The person is a respondent in a criminal matter in which
Page 30, Line 12the person has been found incompetent to proceed;
Page 30, Line 13(b) The court hearing the criminal matter referred the
Page 30, Line 14matter for filing of a petition pursuant to section 16-8.5-117;
Page 30, Line 15(c) A professional person or intervening professional
Page 30, Line 16acting within the scope of their authority and licensure:
Page 30, Line 17(I) Has an established treatment relationship with the
Page 30, Line 18person, including having provided care to the person in the past
Page 30, Line 19three months, which care forms the basis for requesting the
Page 30, Line 20short-term protective placement; and
Page 30, Line 21(II) Has evaluated the person within the past three
Page 30, Line 22months and produced a written opinion that the person meets
Page 30, Line 23the criteria for protective placement pursuant to section
Page 30, Line 2425.5-10-502;
Page 30, Line 25(d) There is a skilled nursing facility, a regional center,
Page 30, Line 26or another placement willing to accept care and custody of the
Page 30, Line 27respondent and to hold the protective placement; and
Page 30, Line 28(e) The person, the person's legal guardian, and the
Page 30, Line 29person's lay person, if applicable, have been advised of the
Page 30, Line 30person's right to an attorney and to contest the short-term
Page 30, Line 31protective placement.
Page 30, Line 32(2) The petition filed pursuant to subsection (1) of this
Page 30, Line 33section must:
Page 30, Line 34(a) State sufficient facts to establish reasonable grounds
Page 30, Line 35that the respondent meets the criteria for short-term
Page 30, Line 36protective placement pursuant to section 25.5-10-502, including
Page 30, Line 37attaching the professional person's or intervening
Page 30, Line 38professional's written opinion produced pursuant to subsection
Page 30, Line 39(1)(c)(II) of this section;
Page 30, Line 40(b) Be filed within fourteen days after the initiating party
Page 30, Line 41received the court order from the criminal court initiating the
Page 31, Line 1short-term protective placement; and
Page 31, Line 2(c) Be filed with the court in the county where the
Page 31, Line 3respondent resided or was physically present immediately prior
Page 31, Line 4to the filing of the petition; except that, if the person was
Page 31, Line 5arrested for the prior case and held in custody, the petition may
Page 31, Line 6be filed in the county where the respondent resided or was
Page 31, Line 7physically present immediately prior to the respondent's arrest.
Page 31, Line 8(3) Within twenty-four hours after certification, copies
Page 31, Line 9of the short-term protective placement must be personally
Page 31, Line 10delivered to the respondent and HCPF who shall retain a copy
Page 31, Line 11of the certification as part of the respondent's record. If the
Page 31, Line 12criminal case is pending, or not yet dismissed, the petitioning
Page 31, Line 13party shall provide notice of the filing of the petition to the
Page 31, Line 14criminal court. The criminal court shall provide the notice to
Page 31, Line 15the prosecuting and defense attorneys in the criminal case and
Page 31, Line 16any attorney appointed the respondent pursuant to subsection
Page 31, Line 17(5) of this section.
Page 31, Line 18(4) The petitioner shall ask the respondent to designate
Page 31, Line 19one other person whom the respondent wants to be informed
Page 31, Line 20regarding the petition. If the respondent is incapable of making
Page 31, Line 21a designation at the time the petition is delivered, the court may
Page 31, Line 22ask the respondent to designate a person as soon as the
Page 31, Line 23respondent is capable. If the petitioner fails to ask the
Page 31, Line 24respondent to designate a person, the respondent's attorney
Page 31, Line 25appointed pursuant to subsection (5) of this section shall report
Page 31, Line 26to the court any person whom the respondent wants to be
Page 31, Line 27informed regarding the petition.
Page 31, Line 28(5) Whenever a petition is filed pursuant to this section,
Page 31, Line 29the court shall immediately appoint an attorney to represent
Page 31, Line 30the respondent. The court shall provide the respondent with a
Page 31, Line 31written notice that the respondent has a right to a hearing on
Page 31, Line 32the petition and may make a written request for a jury trial. The
Page 31, Line 33respondent has the right to an attorney for all proceedings
Page 31, Line 34conducted pursuant to this section, including any appeals. The
Page 31, Line 35attorney representing the respondent must be provided with a
Page 31, Line 36copy of the petition and any supporting materials immediately
Page 31, Line 37upon the attorney's appointment. The respondent may only waive
Page 31, Line 38counsel when the respondent makes a knowing and voluntary
Page 31, Line 39waiver in front of the court.
Page 31, Line 40(6) Upon filing a petition pursuant to this section and
Page 31, Line 41affording the respondent a chance to contest the petition, the
Page 31, Line 42court may grant or deny the protective placement based on the
Page 31, Line 43facts established in the petition, subject to the court's further
Page 32, Line 1review or a jury trial.
Page 32, Line 2(7) Within fourteen days after receipt of the petition filed
Page 32, Line 3pursuant to this section, the respondent, or the respondent's
Page 32, Line 4attorney, may request a jury trial by filing a written motion
Page 32, Line 5with the court.
Page 32, Line 6(8) The respondent may knowingly and voluntarily
Page 32, Line 7consent to the petition in writing.
Page 32, Line 8(9) The respondent or the respondent's attorney may, at
Page 32, Line 9any time, file a written request for the court to review the
Page 32, Line 10short-term protective placement. If a review is requested, the
Page 32, Line 11court shall hear the matter within fourteen days after the
Page 32, Line 12request, and the court shall give notice to the respondent, the
Page 32, Line 13respondent's attorney, HCPF, and the community or facility
Page 32, Line 14provider who is or will provide treatment. The hearing must be
Page 32, Line 15held in accordance with section 25.5-10-510. At the conclusion
Page 32, Line 16of the hearing, the court may enter or confirm the short-term
Page 32, Line 17protective placement, discharge the respondent, or enter any
Page 32, Line 18other appropriate order.
Page 32, Line 19(10) (a) The BHA, HCPF, the department of human services,
Page 32, Line 20and care providers may share information with each other and
Page 32, Line 21the parties as necessary. The BHA, HCPF, the department of
Page 32, Line 22human services, and care providers may receive and possess all
Page 32, Line 23information relevant to the proceedings held pursuant to this
Page 32, Line 24section, including any evaluations; any medical and mental
Page 32, Line 25health records for which a waiver or privilege has been found
Page 32, Line 26in proceedings held pursuant to this part 5, article 65 of title 27,
Page 32, Line 27or article 8 or 8.5 of title 16; and relevant criminal justice
Page 32, Line 28records, including any criminal history of the respondent.
Page 32, Line 29(b) The court may order the district attorney responsible
Page 32, Line 30for prosecuting a criminal case that led to proceedings
Page 32, Line 31pursuant to this section or section 16-8.5-117 to send relevant
Page 32, Line 32records to HCPF within seven days after the court's order.
Page 32, Line 33(c) Any current or former attorney who represented the
Page 32, Line 34respondent in any proceeding shall send materials to HCPF with
Page 32, Line 35the respondent's consent.
Page 32, Line 36(11) (a) The department of health care policy and
Page 32, Line 37financing is responsible for finding an appropriate provider and
Page 32, Line 38inpatient placement for the respondent.
Page 32, Line 39(b) After a petition is filed, unless an appropriate provider
Page 32, Line 40has already been identified and is willing to accept the
Page 32, Line 41short-term protective placement, the court shall order HCPF
Page 32, Line 42to provide care coordination and make diligent efforts to find
Page 32, Line 43a provider for the respondent.
Page 33, Line 1(c) The department of health care policy and financing
Page 33, Line 2shall keep the court informed, in writing, of efforts made to find
Page 33, Line 3an appropriate provider for the respondent.
Page 33, Line 4(12) Upon ordering a short-term protective placement of
Page 33, Line 5the respondent, the provider ordered to receive the respondent
Page 33, Line 6has care and physical custody of the respondent.
Page 33, Line 7(13) Whenever it appears to the court that a respondent
Page 33, Line 8in a short-term protective placement should be transferred to
Page 33, Line 9another provider for treatment and the safety of the
Page 33, Line 10respondent or the public requires that the respondent be
Page 33, Line 11transported by a secure transportation provider or a law
Page 33, Line 12enforcement agency, the court may issue an order directing the
Page 33, Line 13law enforcement agency where the respondent resides or secure
Page 33, Line 14transportation provider to deliver the respondent to the
Page 33, Line 15designated provider.
Page 33, Line 16(14) In accordance with the procedures described in
Page 33, Line 17section 25.5-10-506, a short-term protective placement may be
Page 33, Line 18terminated upon the signature of the treating medical
Page 33, Line 19professional and the medical director of the facility. A facility
Page 33, Line 20or program shall make the respondent's discharge instructions
Page 33, Line 21available to the respondent, the respondent's attorney, and the
Page 33, Line 22respondent's legal guardian.
Page 33, Line 23(15) If the professional person in charge of the
Page 33, Line 24respondent's evaluation and treatment believes that a period
Page 33, Line 25longer than three months is necessary to treat the respondent,
Page 33, Line 26the professional person shall file with the court a request for
Page 33, Line 27an extended protective placement at least thirty days prior to
Page 33, Line 28the expiration date of the original protective placement. An
Page 33, Line 29extended protective placement for treatment must not be for a
Page 33, Line 30period of more than three months. The respondent is entitled to
Page 33, Line 31a hearing on the extended protective placement under the same
Page 33, Line 32conditions as an original protective placement. The attorney
Page 33, Line 33initially representing the respondent shall continue to
Page 33, Line 34represent the respondent, unless the court appoints another
Page 33, Line 35attorney.".
Page 33, Line 36Page 156, lines 9 and 10, strike "BHA, in cooperation with HCPF" and
Page 33, Line 37substitute "BHA".
Page 33, Line 38Page 157, line 27, strike "and HCPF".
Page 33, Line 39Page 158, strike line 9 through 27.
Page 33, Line 40
Page 34, Line 1Strike page 159 and 160.
Page 34, Line 2Page 161, strike lines 1 through 10 and substitute:
Page 34, Line 3"25.5-10-505. Connect respondent to home- and
Page 34, Line 4community-based services.
Page 34, Line 5When a respondent is discharged from a protective
Page 34, Line 6placement or a protective placement is terminated, the BHA
Page 34, Line 7shall refer the respondent to any home- and community-based
Page 34, Line 8services for which the respondent may be eligible and shall
Page 34, Line 9make diligent efforts to connect the respondent with home- and
Page 34, Line 10community-based services.".
Page 34, Line 11Page 161, lines 14 and 15, strike "respondent and HCPF," and
Page 34, Line 12substitute "respondent,".
Page 34, Line 13Page 161, line 16, strike "determine" and substitute "determines".
Page 34, Line 14Page 161, strike lines 18 through 27.
Page 34, Line 15Page 162, strike lines 1 through 6 and substitute:
Page 34, Line 16"(2) The professional person in charge of the respondent's
Page 34, Line 17care shall not approve the termination of the protective
Page 34, Line 18placement unless two professional persons independently
Page 34, Line 19evaluate the respondent and independently opine that the
Page 34, Line 20respondent no longer meets the criteria for protective
Page 34, Line 21placement treatment. One of the opinions must be from the
Page 34, Line 22professional person who is most responsible for interacting with
Page 34, Line 23and providing direct care and treatment to the respondent. This
Page 34, Line 24requirement does not apply if a provider employs and contracts
Page 34, Line 25with only one professional person.".
Page 34, Line 26Page 163, strike lines 26 and 27 and substitute "disorder".
Page 34, Line 27Page 164, line 1, strike "neurocognitive disorder and".
Page 34, Line 28Page 164, line 9, strike "placement;" and substitute "placement,
Page 34, Line 29unless the respondent is placed into inpatient care at the
Page 34, Line 30discretion of CDHS or HCPF;".
Page 34, Line 31Page 164, line 26, strike "Prior" and substitute "If the respondent is
Page 34, Line 32not placed into inpatient care at the discretion of CDHS or
Page 35, Line 1HCPF or if CDHS or HCPF proposes to move the respondent into
Page 35, Line 2or out of inpatient care, the court shall, prior".
Page 35, Line 3Page 164, line 27, strike "the court".
Page 35, Line 4Page 165, line 1, strike "shall".
Page 35, Line 5Page 166, line 12, strike "and".
Page 35, Line 6Page 166, line 16, strike "treatment." and substitute "treatment;".
Page 35, Line 7Page 166, strike lines 17 through 26 substitute:
Page 35, Line 8"(VIII) Whether the respondent opposes the placement;
Page 35, Line 9(IX) Whether community-based placement can be
Page 35, Line 10reasonably accommodated;
Page 35, Line 11(X) The limited resources of the state and the needs of
Page 35, Line 12others; and
Page 35, Line 13(XI) The placement recommendations of any treating
Page 35, Line 14professionals.".
Page 35, Line 15Reletter succeeding paragraphs accordingly.
Page 35, Line 16Page 167, line 1, after "setting" insert "outside of inpatient care, as
Page 35, Line 17defined in section 16-8.5-101,".
Page 35, Line 18Page 167, line 19, strike "within HCPF," and substitute "into inpatient
Page 35, Line 19care, as defined in section 16-8.5-101, at the discretion of CDHS
Page 35, Line 20or HCPF,".
Page 35, Line 21Page 168, line 7, after "setting" insert "outside of inpatient care, as
Page 35, Line 22defined in section 16-8.5-101,".
Page 35, Line 23Page 170, after line 19 insert:
Page 35, Line 24"(c) Good cause includes a respondent's timely request for
Page 35, Line 25an evaluation that allows a competency evaluator to provide
Page 35, Line 26a second opinion in response to the report provided pursuant to
Page 35, Line 27subsection (8) of this section that opines that the respondent
Page 35, Line 28does not meet the criteria for termination.".
Page 35, Line 29Page 171, after line 15 insert:
Page 35, Line 30
Page 36, Line 1"(3) (a) The respondent may request termination of the
Page 36, Line 2enhanced protective placement in writing at any time the
Page 36, Line 3respondent would not be prohibited from having a subsequent
Page 36, Line 4termination trial pursuant to subsection (7) of this section.
Page 36, Line 5(b) The court shall deny the request unless the request
Page 36, Line 6for termination includes an opinion from a professional person
Page 36, Line 7that the respondent currently meets the criteria for
Page 36, Line 8termination of the enhanced protective placement pursuant to
Page 36, Line 9subsection (1) of this section.
Page 36, Line 10(4) (a) If the court does not deny the request for
Page 36, Line 11termination without a hearing, the court shall permit the
Page 36, Line 12county attorney and the district attorney who originally
Page 36, Line 13sought enhanced protective placement pursuant to section
Page 36, Line 1416-8.5-118 fourteen days to object to termination or request an
Page 36, Line 15opportunity to conduct an independent evaluation by an expert
Page 36, Line 16of the county attorney's or district attorney's own choosing
Page 36, Line 17and expense.
Page 36, Line 18(b) If neither the county attorney nor the district
Page 36, Line 19attorney object or request an opportunity to request an
Page 36, Line 20independent evaluation, the court shall terminate the
Page 36, Line 21respondent's enhanced protective placement.
Page 36, Line 22(c) If either the county attorney or the district attorney
Page 36, Line 23request an opportunity to conduct an independent evaluation,
Page 36, Line 24the court shall grant that request, order the respondent to
Page 36, Line 25comply with the evaluation, and permit the county attorney or
Page 36, Line 26district attorney a reasonable period of time to identify an
Page 36, Line 27expert, conduct the evaluation, and issue a report. If both the
Page 36, Line 28county attorney and district attorney request an independent
Page 36, Line 29evaluation, the court shall treat the request as a joint request
Page 36, Line 30for a single independent evaluation.
Page 36, Line 31(d) If the respondent does not cooperate with the
Page 36, Line 32evaluation, the court may grant additional time or deny the
Page 36, Line 33respondent's request for termination.
Page 36, Line 34(e) Upon receipt of the independent evaluation report, the
Page 36, Line 35county attorney or district attorney must provide a copy to
Page 36, Line 36respondent's counsel and the court within fourteen days.
Page 36, Line 37(f) If neither the county attorney nor district attorney
Page 36, Line 38object within the time permitted by the court, the court shall
Page 36, Line 39terminate the respondent's enhanced protective placement.".
Page 36, Line 40Renumber succeeding subsections accordingly.
Page 36, Line 41Page 171, strike lines 16 through 19 and substitute:
Page 37, Line 1"(5) (a) If either the county attorney or district attorney
Page 37, Line 2timely objects, the court shall, as soon as practicable, bring the
Page 37, Line 3respondent before the".
Page 37, Line 4Page 171, line 21, strike "the report," and substitute "any reports
Page 37, Line 5received,".
Page 37, Line 6Page 172, line 4, strike "(3)(b)." and substitute "(5)(b).".
Page 37, Line 7Page 172, line 6, strike "(3)(b)," and substitute "(5)(b),".
Page 37, Line 8Page 172, strike lines 9 through 12 and substitute:
Page 37, Line 9"(c) If the county attorney does not object to termination
Page 37, Line 10but the district attorney does, the district attorney has
Page 37, Line 11standing to serve as the county attorney for the limited purpose
Page 37, Line 12of trial and any appeals related to the trial. The county
Page 37, Line 13attorney shall timely provide the district attorney all
Page 37, Line 14information and records relevant to the trial in the county
Page 37, Line 15attorney's possession or control without subpoena or court
Page 37, Line 16order. The district attorney's limited standing does not extend
Page 37, Line 17to any other matters related to the enhanced protective
Page 37, Line 18placement and terminates upon resolution of the trial and any
Page 37, Line 19related appeals.".
Page 37, Line 20Page 177, strike lines 4 through 10.
Page 37, Line 21Reletter succeeding paragraphs accordingly.
Page 37, Line 22Page 183, line 5, after "HCPF," insert "the BHA, the department of
Page 37, Line 23human services,".
Page 37, Line 24Page 183, line 9, after "HCPF," insert "the BHA, the department of
Page 37, Line 25human services,".
Page 37, Line 26Page 183, after line 14 insert:
Page 37, Line 27"(8) The district attorney may provide information to a
Page 37, Line 28victim when necessary to comply with the "Victim Rights Act",
Page 37, Line 29part 3 of article 4.1 of title 24.".
Page 37, Line 30Page 183, after line 23 insert:
Page 37, Line 31
Page 38, Line 1"25.5-10-517. Authority to increase payments to nursing
Page 38, Line 2facility and regional center providers - rules.
Page 38, Line 3Subject to available appropriations and federal
Page 38, Line 4authorization, HCPF may increase payments to nursing facility
Page 38, Line 5providers and regional center providers for the purpose of
Page 38, Line 6achieving the least restrictive placement requirement for
Page 38, Line 7individuals subject to a protective placement pursuant to this
Page 38, Line 8part 5. HCPF shall adopted rules defining the qualifications and
Page 38, Line 9payment schedule for nursing facility providers and regional
Page 38, Line 10center providers that serve the individuals subject to a
Page 38, Line 11protective placement.
Page 38, Line 1225.5-10-518. Repeal of part.
Page 38, Line 13This part 5 is repealed, effective July 1, 2031.
Page 38, Line 14SECTION 23. In Colorado Revised Statutes, add 25.5-6-414 as
Page 38, Line 15follows:
Page 38, Line 1625.5-6-414. Delivery of services for individuals with serious
Page 38, Line 17mental illness - rules.
Page 38, Line 18(1) The state department is committed to improving access
Page 38, Line 19to, and the quality of services for, individuals with serious
Page 38, Line 20mental illness who are enrolled in the state medical assistance
Page 38, Line 21program.
Page 38, Line 22(2) The state department shall, in collaboration with the
Page 38, Line 23behavioral health administration, service providers,
Page 38, Line 24stakeholders, and individuals with lived experience,
Page 38, Line 25continuously evaluate and explore options to enhance the
Page 38, Line 26delivery of services for individuals with serious mental illness,
Page 38, Line 27which efforts may include, but are not limited to:
Page 38, Line 28(a) Expanding community-based service capacity and care
Page 38, Line 29coordination;
Page 38, Line 30(b) Improving transitions of care across settings;
Page 38, Line 31(c) Leveraging federal authorities, waivers, and financing
Page 38, Line 32mechanisms;
Page 38, Line 33(d) Advancing innovative service delivery models and
Page 38, Line 34value-based payment approaches; and
Page 38, Line 35(e) Identifying and addressing gaps in access, quality, and
Page 38, Line 36outcomes.
Page 38, Line 37(3) The state department shall consider opportunities to
Page 38, Line 38align financing, benefits, and service delivery systems to better
Page 38, Line 39meet the needs of individuals with serious mental illness, with
Page 38, Line 40the goals of improving health outcomes, reducing avoidable
Page 38, Line 41utilization of high-cost services, and supporting individuals to
Page 38, Line 42live in the least restrictive setting appropriate to meet the
Page 38, Line 43individual's needs.
Page 39, Line 1(4) The state department may adopt rules as necessary to
Page 39, Line 2implement this section.
Page 39, Line 3(5) This section does not create an entitlement to a
Page 39, Line 4specific service or level of care.
Page 39, Line 5SECTION 24. In Colorado Revised Statutes, 25.5-10-216,
Page 39, Line 6amend (7) as follows:
Page 39, Line 725.5-10-216. Imposition of legal disability - removal of legal
Page 39, Line 8right.
Page 39, Line 9(7) A person shall not be admitted to a regional center, as defined
Page 39, Line 10in section 27-10.5-102, C.R.S., without a court order issued pursuant to
Page 39, Line 11this section except in an emergency, if the person meets the criteria
Page 39, Line 12for an enhanced protective placement pursuant to section
Page 39, Line 1316-8.5-118, or for the purpose of temporary respite care.
Page 39, Line 14SECTION 25. In Colorado Revised Statutes, 27-10.5-110,
Page 39, Line 15amend (2) as follows:
Page 39, Line 1627-10.5-110. Imposition of legal disability - removal of legal
Page 39, Line 17right.
Page 39, Line 18(2) A person shall not be admitted to a regional center without a
Page 39, Line 19court order issued pursuant to section 25.5-10-216, C.R.S., except in an
Page 39, Line 20emergency, if the person meets the criteria for an enhanced
Page 39, Line 21protective placement pursuant to section 16-8.5-118, or for the
Page 39, Line 22purpose of temporary respite care.".
Page 39, Line 23Renumber succeeding sections accordingly.
Page 39, Line 24Page 184, after line 24 insert:
Page 39, Line 25"SECTION 28. In Colorado Revised Statutes, 24-75-109, add
Page 39, Line 26(1)(b)(III) as follows:
Page 39, Line 2724-75-109. Controller may allow expenditures in excess of
Page 39, Line 28appropriations - limitations - appropriations for subsequent fiscal
Page 39, Line 29year restricted - repeal.
Page 39, Line 30(1) For the purpose of closing the state's books, and subject to the
Page 39, Line 31provisions of this section, the controller may, on or after May 1 of any
Page 39, Line 32fiscal year and before the forty-fifth day after the close thereof, upon
Page 39, Line 33approval of the governor, allow any department, institution, or agency of
Page 39, Line 34the state, including any institution of higher education, to make an
Page 39, Line 35expenditure in excess of the amount authorized by an item of
Page 39, Line 36appropriation for such fiscal year if:
Page 39, Line 37(b) (III) The overexpenditure is by the department of
Page 39, Line 38human services for the purpose of placing individuals found
Page 39, Line 39incompetent to proceed and unrestorable who meet the criteria
Page 39, Line 40for civil commitment, protective placement, or enhanced
Page 40, Line 1protective placement pursuant to section 16-8.5-118 and are
Page 40, Line 2committed to the department of human services; or".
Page 40, Line 3Renumber succeeding sections accordingly.
Page 40, Line 4Page 186, line 14, after "(11)(b.8)," insert "(11)(b.9),".
Page 40, Line 5Page 186, strike line 19 and substitute "(2)(q.1), (2)(q.2), and (2)(q.3);
Page 40, Line 6(b.9) Any information received pursuant to subsection
Page 40, Line 7(14.8) of this section.".
Page 40, Line 8Page 187, line 10, strike "a victim" and substitute "the district
Page 40, Line 9attorney that sought civil commitment or enhanced protective
Page 40, Line 10placement pursuant to section 16-8.5-118".
Page 40, Line 11Page 187, line 19, after "commitment" insert "supervised".
Page 40, Line 12Page 187, line 20, after "placement" insert "supervised".
Page 40, Line 13Page 189, lines 12 and 13, strike "section 27-65-108.5 or 27-65-109" and
Page 40, Line 14substitute "section 27-65-108.5 or 27-65-109 sections 27-65-108.5,
Page 40, Line 1527-65-109, or 27-65-109.5".
Page 40, Line 16Page 193, lines 21 and 22, strike "section 27-65-109 (4) or 27-65-127,
Page 40, Line 17C.R.S. section 27-65-123 (7) or 25.5-10-515 (4)," and substitute "section
Page 40, Line 1827-65-109 (4) or 27-65-127, C.R.S. section 27-65-110 (4) or
Page 40, Line 1927-65-127,".
Page 40, Line 20Page 194, lines 9 and 10, strike "section 27-65-109 (4) or 27-65-127,
Page 40, Line 21C.R.S. section 27-65-123 (7) or 25.5-10-515 (4)," and substitute "section
Page 40, Line 2227-65-109 (4) or 27-65-127, C.R.S. section 27-65-110 (4) or
Page 40, Line 2327-65-127,".
Page 40, Line 24Strike "OCFMH" and substitute "CDHS" on: Page 61, lines 20 and 22;
Page 40, Line 25Page 64, lines 5 and 7; Page 67, lines 2 and 25; Page 68, lines 11 and 20;
Page 40, Line 26Page 80, line 24; Page 81, line 1; Page 111, line 14; Page 114, line 21;
Page 40, Line 27Page 115, lines 11, 24, and 27; Page 116, lines 2 and 11; Page 163, line
Page 40, Line 2820; Page 165, lines 6, 12, and 15; Page 173, line 24; and Page 178, line
Page 40, Line 2918.
Page 40, Line 30Strike "meets" and substitute "may meet" on: Page 27, lines 4, 10, and
Page 40, Line 3112; and Page 47, lines 1, 4, 10, and 11.
Page 40, Line 32
Page 41, Line 1Strike "(5)(a)" and substitute "(6)(a)" on: Page 72, lines 6 and 13.
Page 41, Line 2Strike "(5)(b)" and substitute "(6)(b)" on: Page 67, line 27; and Page 70,
Page 41, Line 3line 12.
Page 41, Line 4Strike "(6)" and substitute "(7)" on: Page 70, line 27; and Page 71, line
Page 41, Line 52.
Page 41, Line 6Strike "a temporary" and substitute "an" on: Page 7, line 20; and Page
Page 41, Line 768, line 21.
Page 41, Line 8Strike "temporary" on: Page 60, lines 18 and 19; Page 63, lines 9 and
Page 41, Line 925; Page 66, lines 11 and 16; Page 67, line 4; and Page 184, line 6.
Page 41, Line 10Strike "27-65-108.1" and substitute "27-65-201" on: Page 73, line 23;
Page 41, Line 11Page 132, lines 15 and 26; Page 133, line 3; Page 135, line 16; Page 136,
Page 41, Line 12line 12; Page 139, line 8; Page 143, line 1; Page 173, lines 16 and 26;
Page 41, Line 13Page 184, line 22; Page 185, line 11; Page 186, lines 3 and 24; and Page
Page 41, Line 14187, line 19.
Page 41, Line 15Strike "27-65-108.2" and substitute "27-65-202" on: Page 139, line 9;
Page 41, Line 16Page 142, line 21; and Page 185, line 8.
Page 41, Line 17Strike "information:" and substitute "information, if available:" on:
Page 41, Line 18Page 143, line 23; and Page 182, line 21.
Page 41, Line 19Strike "section 27-65-109 (10) section 27-65-109 (17)" and substitute
Page 41, Line 20"section 27-65-109 (10)" on: Page 129, line 5; Page 188, line 7; Page
Page 41, Line 21189, lines 4 and 5, 15 and 16, and 17 and 18; Page 190, line 4; and Page
Page 41, Line 22191, lines 1 and 2.
Page 41, Line 23After "27-65-109," insert "27-65-109.5," on: Page 96, line 23; and Page
Page 41, Line 2497, line 2.
Page 41, Line 25Strike "27-65-108.5 or 27-65-109" and substitute "27-65-108.5,
Page 41, Line 2627-65-109, or 27-65-109.5" on: Page 62, lines 12 and 13; and Page 196,
Page 41, Line 27line 19.
Page 41, Line 28Strike "section 27-65-108.5 or 27-65-109," and substitute "section
Page 41, Line 2927-65-108.5 or 27-65-109 sections 27-65-108.5, 27-65-109, or
Page 41, Line 3027-65-109.5," on: Page 188, line 5; Page 189, lines 3 and 14; and Page
Page 41, Line 31190, lines 2 and 27.
Page 41, Line 32
Page 42, Line 1Strike "or the appointed temporary emergency guardian" on: Page
Page 42, Line 260, lines 23 and 24; Page 63, line 1 and 2; Page 65, lines 19 and 20, 23
Page 42, Line 3and 24, and 26 and 27; Page 66, lines 2 and 3, 7 and 8, and 21 and 22;
Page 42, Line 4and Page 67, lines 9 and 10.