House Committee of Reference Report
Committee on Judiciary
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April 22, 2025
After consideration on the merits, the Committee recommends the following:
SB25-041 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend reengrossed bill, page 16, after line 21 insert:
Page 1, Line 2"SECTION 13. In Colorado Revised Statutes, 19-2.5-701.5,
Page 1, Line 3amend (1) and (6) as follows:
Page 1, Line 419-2.5-701.5. Definitions. As used in this part 7, unless the
Page 1, Line 5context otherwise requires:
Page 1, Line 6(1) "Competency evaluation" means an evaluation a
Page 1, Line 7court-ordered evaluation performed by the department, or a
Page 1, Line 8second evaluation conducted pursuant to section 19-2.5-707,
Page 1, Line 9conducted by a competency evaluator that meets the requirements
Page 1, Line 10described in section 19-2.5-703 (4). "Competency evaluation" includes
Page 1, Line 11both court-ordered evaluations performed by the department and second
Page 1, Line 12evaluations.
Page 1, Line 13(6) "Restoration evaluation" means an evaluation a
Page 1, Line 14court-ordered evaluation performed by the department, or a
Page 1, Line 15second evaluation conducted pursuant to section 19-2.5-707,
Page 1, Line 16conducted by a competency evaluator to determine if the juvenile has
Page 1, Line 17become competent to proceed or will be able to be restored to competency
Page 1, Line 18in the reasonably foreseeable future. "Restoration evaluation" includes
Page 1, Line 19both court-ordered evaluations by the department and second evaluations.
Page 1, Line 20SECTION 14. In Colorado Revised Statutes, 19-2.5-704, amend
Page 1, Line 21(2)(b) and (2)(c) as follows:
Page 1, Line 2219-2.5-704. Procedure after determination of competency or
Page 1, Line 23incompetency. (2) (b) Pursuant to section 27-60-105, the department is
Page 1, Line 24the entity responsible for the oversight of restoration education and
Page 1, Line 25coordination of services necessary to competency restoration. The
Page 1, Line 26department shall only conduct a restoration evaluation with
Page 1, Line 27a court order pursuant to subsection (2)(c) of this section.
Page 1, Line 28(c) (I) The court, or a party, or the department may raise, at any
Page 2, Line 1time, the need for a restoration evaluation of a juvenile's competency.
Page 2, Line 2The request must include the factual grounds that support the
Page 2, Line 3need for a restoration evaluation.
Page 2, Line 4(II) (A) The court must ensure prompt resolution of any
Page 2, Line 5request for a restoration evaluation.
Page 2, Line 6(B) The court shall order each party to state their
Page 2, Line 7position and provide input on the request no later than fourteen
Page 2, Line 8days after when the party was notified of the request; except if
Page 2, Line 9the juvenile is in custody or inpatient restoration, the court
Page 2, Line 10shall allow seven days for a party to object to the request. If
Page 2, Line 11the parties are before the court, the court may take positions on
Page 2, Line 12the record, or the court may order a written position from each
Page 2, Line 13party as necessary.
Page 2, Line 14(C) If no party objects, the court shall order the
Page 2, Line 15restoration evaluation forthwith.
Page 2, Line 16(D) If a party objects, the party shall state the grounds
Page 2, Line 17for their objection.
Page 2, Line 18(III) If raised a party timely objects to a restoration
Page 2, Line 19evaluation being ordered, the court shall order a restoration
Page 2, Line 20evaluation only when there is credible information that the juvenile's
Page 2, Line 21circumstances have changed, the court cannot fairly determine whether
Page 2, Line 22the juvenile has been restored to competency or will be able to be restored
Page 2, Line 23to competency in the reasonably foreseeable future without an
Page 2, Line 24evaluation, and the cause for a restoration evaluation outweighs the
Page 2, Line 25negative impact of a restoration evaluation upon the juvenile. and any
Page 2, Line 26delay that will be caused by a restoration evaluation. The court may
Page 2, Line 27rule on a request based on the information received with the
Page 2, Line 28request and with any objection without a hearing, or if the
Page 2, Line 29court finds a hearing is necessary to rule on the request, the
Page 2, Line 30court may hold a hearing within fourteen days after receiving an
Page 2, Line 31objection to determine if a restoration evaluation must be ordered. If the
Page 2, Line 32court orders a restoration evaluation, such evaluation must meet the
Page 2, Line 33requirements of section 19-2.5-703 (4).".
Page 2, Line 34Renumber succeeding section accordingly.