A Bill for an Act
Page 1, Line 101Concerning persons who may be incompetent to stand trial,
Page 1, Line 102and, in connection therewith, permitting certain
Page 1, Line 103services for persons who are incompetent to proceed,
Page 1, Line 104collecting residency information about persons who
Page 1, Line 105are incompetent to proceed, and requiring bond setting
Page 1, Line 106for persons who may be incompetent to proceed.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)
Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems. Under existing law, when criminal charges are dismissed against a person receiving inpatient restoration services from the department of human services (DHS), DHS must stop providing services to the person. The bill permits DHS to continue to provide services for up to 90 days after the person's case is dismissed because the person is incompetent to proceed. DHS is permitted to enter into an agreement with an organization to provide permanent supportive housing for a person whose case is dismissed because the person is incompetent to proceed or the person has successfully completed a bridges wraparound care program, and for a person who has been referred to the bridges wraparound care program.
The bill requires DHS to collect information for each person whose charges are dismissed following a determination by the court that the person is incompetent to proceed or following satisfactory completion of a bridges wraparound care program, or who has been referred to the bridges wraparound care program, concerning where the person lives or intends to live following the dismissal or referral. DHS shall share that information with the division of housing in the department of local affairs.
The bill requires the judicial department to develop a form for a court to use to notify DHS of the court's specific findings when the court denies a personal recognizance bond and orders inpatient restoration services for a defendant who is in custody for a misdemeanor, petty offense, or traffic offense, and who the court determines is incompetent to proceed but there is a substantial probability that the defendant, with restoration services, will attain competency in the reasonably foreseeable future.
The bill states that a defendant's competency status does not affect the defendant's eligibility for release on bond and is not a basis for a no-bond hold or mental health stay. A court shall not consider competency status as a factor in setting or modifying a monetary condition of bond. The bill requires a court to convert an order for in-custody or inpatient evaluation or restoration to an order for out-of-custody and outpatient evaluation or restoration if the defendant is released on bond while awaiting an in-custody or inpatient evaluation or restoration.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 27-60-105.5 as follows:
Page 2, Line 327-60-105.5. Post-dismissal services for persons receiving
Page 3, Line 1inpatient restoration services - continuation of services after dismissal
Page 3, Line 2- supportive housing - post-dismissal living information collection -
Page 3, Line 3definition. (1) As used in this section, unless the context
Page 3, Line 4otherwise requires, "bridges wraparound care program" means
Page 3, Line 5the bridges wraparound care program created in section 16-8.6-103.
Page 3, Line 6(2) If the charges against a person who is receiving
Page 3, Line 7inpatient restoration services, as described in article 8.5 of title
Page 3, Line 816, are dismissed following a determination by the court that
Page 3, Line 9the person is incompetent to proceed, the state department may
Page 3, Line 10continue to provide services to the person for up to ninety days
Page 3, Line 11after the charges are dismissed. A person is not required to be in
Page 3, Line 12custody to receive services from the state department pursuant
Page 3, Line 13to this subsection (2) after charges are dismissed, and a court
Page 3, Line 14shall not order a person to remain in custody as a condition of continuing to receive services from the state department.
Page 3, Line 15(3) The state department may enter into an agreement
Page 3, Line 16with an organization to provide permanent supportive housing
Page 3, Line 17for persons whose charges are dismissed following a
Page 3, Line 18determination by the court that the person is incompetent to
Page 3, Line 19proceed or pursuant to section 16-8.6-110 following
Page 3, Line 20satisfactory completion of a bridges wraparound care program,
Page 3, Line 21or for persons who have been referred to the bridges
Page 3, Line 22wraparound care program. The state department shall make
Page 3, Line 23efforts to collaborate with service providers, including the
Page 3, Line 24office of bridges of Colorado established pursuant to section
Page 3, Line 2513-95-103, to ensure continuity of care and service delivery in a manner that avoids duplication and bifurcation of services.
Page 4, Line 1(4) (a) The state department shall collect information concerning where a person lives or intends to live after:
Page 4, Line 2(I) The charges against the person are dismissed
Page 4, Line 3following a determination by the court that the person is incompetent to proceed;
Page 4, Line 4(II) The charges against the person are dismissed pursuant
Page 4, Line 5to section 16-8.6-110 following satisfactory completion of the bridges wraparound care program; or
Page 4, Line 6(III) The person has been referred to the bridges wraparound care program.
Page 4, Line 8(b) The state department shall work with the office of
Page 4, Line 9bridges of Colorado established pursuant to section 13-95-103
Page 4, Line 10to collect the information described in subsection (4)(a) of this
Page 4, Line 11section, and the office of bridges of Colorado shall provide the information to the state department.
Page 4, Line 12SECTION 2. In Colorado Revised Statutes, 13-95-105, add (4) as follows:
Page 4, Line 1313-95-105. Bridges of Colorado - programs - administration.
Page 4, Line 14(4) The office shall provide information to the state department
Page 4, Line 15of human services about where persons who have been referred
Page 4, Line 16to the bridges wraparound care program live or intend to live, as described in section 27-60-105.5 (4).
Page 4, Line 17SECTION 3. In Colorado Revised Statutes, 16-8.5-103, amend (3) and (4) as follows:
Page 4, Line 1816-8.5-103. Determination of competency to proceed.
Page 5, Line 1(3) Within
sevenPage 5, Line 2(4) If a party requests a second evaluation, any pending requests
Page 5, Line 3for a hearing must be continued until the receipt of the second evaluation
Page 5, Line 4report. The report of the expert conducting the second evaluation must be
Page 5, Line 5completed and filed with the court within thirty-five days after the court
Page 5, Line 6order allowing the second evaluation, unless the time period is extended
Page 5, Line 7by the court for good cause.
If a second evaluation is completed andPage 5, Line 8
restoration is ultimately ordered, thenmakePage 5, Line 9second evaluation
availablePage 5, Line 10department shall use the second evaluation to ensure that the
Page 5, Line 11department complies with its responsibilities, including
Page 5, Line 12reviewing and summarizing prior competency opinions as
Page 5, Line 13required in section 16-8.5-105 (5)(f). If the second evaluation is requested by the court, it must be paid for by the court.
Page 5, Line 14SECTION 4. In Colorado Revised Statutes, 16-8.5-105, amend (5)(f) as follows:
Page 5, Line 1516-8.5-105. Evaluations, locations, time frames, and report.
Page 5, Line 16(5) The competency evaluation and report must include, but need not be limited to:
Page 5, Line 17(f) An opinion as to whether there is a substantial probability that
Page 5, Line 18the defendant, with restoration services, will attain competency within the
Page 5, Line 19reasonably foreseeable future.
and:Page 5, Line 20the competency evaluator shall use due diligence in the review
Page 5, Line 21and summary of any prior competency opinions regarding the
Page 5, Line 22defendant. If the competency evaluator's opinion regarding
Page 5, Line 23restorability differs from opinions in past evaluations of the
Page 6, Line 1defendant, the competency evaluator shall explain the basis for their different opinion.
Page 6, Line 2
(I) If any court within the previous five years found the defendantPage 6, Line 3
incompetent to proceed and that the defendant would not attainPage 6, Line 4
competency within the reasonably foreseeable future, an opinion as toPage 6, Line 5
why the defendant's current circumstances are different from the prior court's findings; andPage 6, Line 6
(II) If the defendant has been found incompetent to proceed afterPage 6, Line 7
being found competent to proceed three or more times within the previousPage 6, Line 8
five years, an opinion as to whether, even if restored, the defendant will maintain competency throughout the current case.Page 6, Line 9SECTION 5. In Colorado Revised Statutes, 16-8.5-106, amend (2) as follows:
Page 6, Line 1016-8.5-106. Evaluation at request of defendant. (2) The
Page 6, Line 11defendant shall provide a copy of the second evaluation
shall bePage 6, Line 12
furnishedPage 6, Line 13in advance of the competency or restoration hearing. Upon receipt of
Page 6, Line 14the second evaluation, the court shall furnish the second evaluation to the department.
Page 6, Line 15SECTION 6. In Colorado Revised Statutes, 16-8.5-111, amend
Page 6, Line 16(2)(b), (3)(a)(III), (3)(b)(IV), (3)(b)(V) introductory portion, (4)(a), (4)(b), and (7) as follows:
Page 6, Line 1816-8.5-111. Procedure after determination of competency or
Page 6, Line 19incompetency - bond determinations. (2) Restoration services
Page 6, Line 20ordered. If the final determination made pursuant to section 16-8.5-103
Page 6, Line 21is that the defendant is incompetent to proceed and the court finds there
Page 7, Line 1is substantial probability that the defendant, with restoration services, will
Page 7, Line 2attain competency in the reasonably foreseeable future, the court has the following requirements and options:
Page 7, Line 3(b) If the court determines the defendant is incompetent to
Page 7, Line 4proceed and is in custody on a misdemeanor, petty offense, or traffic
Page 7, Line 5offense, the court
shallPage 7, Line 6after the court's final determination that the defendant is incompetent to
Page 7, Line 7proceed. At the bond hearing, there is a presumption that the court shall
Page 7, Line 8order a personal recognizance bond and enter an order for restoration
Page 7, Line 9services pursuant to subsection (2)(a) of this section. In order to deny the
Page 7, Line 10defendant a personal recognizance bond and enter an order to commit the
Page 7, Line 11defendant for inpatient restoration services pursuant to subsection (2)(c)
Page 7, Line 12of this section, the court shall make findings of fact that extraordinary
Page 7, Line 13circumstances exist to overcome the presumption of release by clear and
Page 7, Line 14convincing evidence. If the court denies a personal recognizance bond,
Page 7, Line 15the court
shallPage 7, Line 16court made to deny the personal recognizance bond. The judicial
Page 7, Line 17department shall develop a form for a court to use to notify the
Page 7, Line 18department of the court's findings that are required by this subsection (2)(b).
Page 7, Line 19(3) Certification for short-term treatment. (a) (III) The court
Page 7, Line 20may order initiation of certification for short-term treatment pursuant to this subsection (3) only:
Page 7, Line 21(A) Upon a specific request from a person authorized to make the request pursuant to subsection (3)(a)(I) of this section;
Page 7, Line 22
(A)Page 7, Line 23defendant meets the standard for a certification for short-term treatment pursuant to section 27-65-108.5 or 27-65-109; and
Page 8, Line 1
(B)Page 8, Line 2offense, traffic offense, or misdemeanor offense, or with the agreement of the prosecuting attorney, regardless of the severity of the charge.
Page 8, Line 3(b) If the court requires the requesting party to initiate certification for short-term treatment pursuant to subsection (3)(a) of this section:
Page 8, Line 4(IV) If the defendant's highest charged offense is a
Page 8, Line 5misdemeanor that is not subject to dismissal pursuant to
Page 8, Line 6subsection (1.6) of this section, the court may, upon the court's own
Page 8, Line 7motion, forgo an order for restoration services and dismiss the charges
Page 8, Line 8against the defendant without prejudice when the certification for
Page 8, Line 9short-term treatment is initiated;
if the highest charged offense is a petty offense, traffic offense, or misdemeanor offense;Page 8, Line 10(V) If the defendant's highest charged offense is a felony,
Page 8, Line 11the court may, only with the agreement of the prosecuting attorney and
Page 8, Line 12defendant, stay the restoration order to allow certification for short-term
Page 8, Line 13treatment proceedings to occur and to allow the district attorney to
Page 8, Line 14consider whether dismissal of the case is appropriate. In determining
Page 8, Line 15whether dismissal is appropriate while the criminal matter is pending, the
Page 8, Line 16defendant, the defendant's attorney in the criminal matter, and the
Page 8, Line 17prosecuting attorney in the criminal matter have access to limited
Page 8, Line 18information about any civil proceedings against the defendant pursuant
Page 8, Line 19to sections 27-65-108.5, 27-65-109, 27-65-110, and 27-65-111. Any
Page 8, Line 20information obtained must be kept confidential unless disclosure is
Page 8, Line 21otherwise authorized by law. The court shall not extend the defendant's
Page 8, Line 22criminal case past the time limits set forth in section 16-8.5-116.5. The
Page 8, Line 23limited information that the defendant, defendant's attorney, and prosecuting attorney may access includes:
Page 9, Line 1(4) Restoration hearing. (a) (I) If the final determination made
Page 9, Line 2pursuant to section 16-8.5-103 is that the defendant is incompetent to
Page 9, Line 3proceed and the evaluator opines at any time that there is not a substantial
Page 9, Line 4probability that the defendant, with restoration services, will attain
Page 9, Line 5competency within the reasonably foreseeable future, the court shall set
Page 9, Line 6a hearing within the time frame set forth in section 16-8.5-113 (5). If the
Page 9, Line 7court receives the evaluator's opinion pursuant to this subsection (4) prior
Page 9, Line 8to entering a restoration order and a party requests a hearing, the court shall set the hearing in lieu of ordering restoration treatment.
Page 9, Line 9(II) Within fourteen days after receipt of a court-ordered
Page 9, Line 10report regarding the defendant's competency, either party may
Page 9, Line 11request a hearing or a second evaluation. If a party requests a
Page 9, Line 12second evaluation, the court shall continue the hearing until
Page 9, Line 13the court receives the second report. The expert conducting the
Page 9, Line 14second evaluation shall complete and file the expert's report
Page 9, Line 15with the court within thirty-five days after the court order
Page 9, Line 16allowing the second evaluation, unless the court extends the
Page 9, Line 17time period after a finding of good cause. The court shall
Page 9, Line 18provide the second evaluation to the parties and the department.
Page 9, Line 19(b) If the final determination made pursuant to section 16-8.5-103
Page 9, Line 20is that the defendant is incompetent to proceed and the evaluator opines,
Page 9, Line 21pursuant to section 16-8.5-105 (5)(e)(I)(B), or another qualified expert
Page 9, Line 22opines that the defendant's diagnosis likely includes a moderate to severe
Page 9, Line 23intellectual or developmental disability, acquired traumatic brain injury,
Page 9, Line 24or dementia, which either alone or together with a co-occurring mental
Page 10, Line 1illness affects the defendant's ability to gain or maintain competency, the
Page 10, Line 2court shall set a hearing within the time frame set forth in section
Page 10, Line 316-8.5-113 (5) on the issue of whether there is a substantial probability
Page 10, Line 4that the defendant will be restored to competency in the reasonably
Page 10, Line 5foreseeable future. If the court receives the evaluator's opinion pursuant
Page 10, Line 6to this subsection (4) prior to entering a restoration order and a party
Page 10, Line 7requests a hearing, the court shall set a hearing in lieu of ordering restoration treatment.
Page 10, Line 8(7) (a) Outpatient restoration services. If the defendant is out of
Page 10, Line 9custody and the court has ordered restoration services pursuant to subsection (2)(a) of this section:
Page 10, Line 10
(a)Page 10, Line 11responsible for the coordination of all competency restoration services, including the oversight of restoration education;
Page 10, Line 12
(b)Page 10, Line 13department shall notify the court, the department, the bridges court
Page 10, Line 14liaison, and any other designated agency within twenty-one days after the
Page 10, Line 15court's order if restoration services have not started and include a
Page 10, Line 16description of the efforts that have been made to engage the defendant in services; and
Page 10, Line 17
(c)Page 10, Line 18unable, within a reasonable time, to provide restoration services on an
Page 10, Line 19outpatient basis, the department shall notify the court within fourteen days
Page 10, Line 20after the department's determination, at which point the court shall review
Page 10, Line 21the case and determine what interim mental health services the
Page 10, Line 22department or a community provider can provide to the defendant. If a
Page 10, Line 23bridges court liaison is appointed, the department shall report to the
Page 11, Line 1bridges court liaison every twenty-eight days concerning the availability of restoration services on an outpatient basis to the defendant.
Page 11, Line 2(b) If, in the process of coordinating outpatient
Page 11, Line 3restoration services for a defendant, the department
Page 11, Line 4determines that the defendant meets the standard for a
Page 11, Line 5certification for short-term treatment pursuant to section
Page 11, Line 627-65-108.5 and that initiating a petition for an outpatient
Page 11, Line 7certification is appropriate, the department may request, in
Page 11, Line 8writing, that the court refer the matter for filing of a petition
Page 11, Line 9for short-term treatment pursuant to 27-65-108.5 in a court with
Page 11, Line 10jurisdiction and authorize the department to file the petition.
Page 11, Line 11After receiving a written request, the court shall hear and
Page 11, Line 12consider any objections from the defendant prior to ruling on the request.
Page 11, Line 13SECTION 7. In Colorado Revised Statutes, 16-8.5-113, amend (2) and (3) as follows:
Page 11, Line 1416-8.5-113. Restoration to competency. (2) Within fourteen
Page 11, Line 15days after receipt of a report from the department or other court-approved
Page 11, Line 16
provider of restoration servicesPage 11, Line 17the defendant is competent to proceed, either party may request a hearing
Page 11, Line 18or a second evaluation. The court shall determine whether to allow the
Page 11, Line 19second evaluation or proceed to a hearing on competency. If the second
Page 11, Line 20evaluation is requested by the court or by an indigent defendant, the evaluation must be paid for by the court.
Page 11, Line 21(3) If a second evaluation is allowed, any pending requests for a
Page 11, Line 22hearing must be continued until receipt of the second evaluation report.
Page 11, Line 23The report of the expert conducting the second evaluation report must be
Page 12, Line 1completed and filed with the court within thirty-five days after the court
Page 12, Line 2order allowing the second evaluation, unless the time period is extended
Page 12, Line 3by the court after a finding of good cause. The court shall provide the second evaluation to the parties and the department.
Page 12, Line 4SECTION 8. In Colorado Revised Statutes, 16-8.5-116, amend (2)(c)(V) and (2)(c)(VI); and repeal (2)(c)(VII) as follows:
Page 12, Line 516-8.5-116. Certification - reviews - rules. (2) (c) At least ten
Page 12, Line 6days before each review, the department treating team shall provide to the court an additional report that summarizes:
Page 12, Line 7(V) The opinion of the treating team on the defendant's mental
Page 12, Line 8health functioning and ability to function on an outpatient basis for restoration services; and
Page 12, Line 9(VI) Whether the defendant, based on observations of the
Page 12, Line 10defendant's behavior in the facility, presents a substantial risk to the
Page 12, Line 11physical safety of the defendant's self, of another person, or of the community if released for community restoration.
andPage 12, Line 12(VII)
Any opinions which would be required during an initial evaluation pursuant to section 16-8.5-105 (5)(f).Page 12, Line 13SECTION 9. In Colorado Revised Statutes, 16-8.5-116.5, amend (1)(b) and (7) as follows:
Page 12, Line 1416-8.5-116.5. Restoration - time limits - dismissal of charges -
Page 12, Line 15exceptions - rules. (1) To ensure compliance with relevant constitutional
Page 12, Line 16principles, for any offense for which the defendant is ordered to receive
Page 12, Line 17competency restoration services in an inpatient or outpatient setting, if the
Page 12, Line 18court determines, based on available evidence, that there is not a
Page 12, Line 19substantial probability that the defendant, with restoration services, will
Page 12, Line 20be restored to competency within the reasonably foreseeable future, the court:
Page 13, Line 1(b) May, if after giving due weight to the opinion of a
Page 13, Line 2professional person, as defined in section 27-65-102, employed by
Page 13, Line 3or under contract with the office of civil and forensic mental
Page 13, Line 4health, the court finds reasonable grounds to believe that the
Page 13, Line 5defendant meets criteria for a certification for short term
Page 13, Line 6treatment pursuant to section 27-65-108.5 or section 27-65-109,
Page 13, Line 7order one of the following persons to initiate, in a court with
Page 13, Line 8jurisdiction, a proceeding for a certification for short-term
Page 13, Line 9treatment of the defendant pursuant to section 27-65-108.5 or
Page 13, Line 1027-65-109: The district attorney, or upon request from the district
Page 13, Line 11attorney; a professional person, as defined in section 27-65-102, who is
Page 13, Line 12not employed by or under contract with the behavioral health
Page 13, Line 13administration in the department or the office of civil and
Page 13, Line 14forensic mental health; a representative
ofPage 13, Line 15behavioral health administration in the department, or a representative
ofPage 13, Line 16designated by the office of civil and forensic mental health.
to initiate,Page 13, Line 17
in a court with jurisdiction, a proceeding for a certification for short-termPage 13, Line 18
treatment of the defendant pursuant to section 27-65-108.5 or 27-65-109.Page 13, Line 19
If the court finds reasonable grounds to believe the defendant meetsPage 13, Line 20
criteria for a certification for short-term treatment pursuant to sectionPage 13, Line 21
27-65-108.5 or 27-65-109.Page 13, Line 22pursuant to this subsection (1)(b), a court shall not order a
Page 13, Line 23person to initiate a proceeding pursuant to this subsection (1)(b)
Page 13, Line 24if initiating a proceeding would contradict the person's
Page 13, Line 25professional medical opinion or otherwise violate the person's
Page 13, Line 26professional conduct rules.
Page 14, Line 1(7) (a) Prior to the dismissal of charges pursuant to this section or
Page 14, Line 2section 16-8.5-111 (5),
unless the court has already ordered a person toPage 14, Line 3
initiate proceedings for a certification for short-term treatment,Page 14, Line 4shall make findings about whether there are reasonable grounds to
Page 14, Line 5believe the person meets the standard for a certification for short-term
Page 14, Line 6treatment. If the court finds there are reasonable grounds, the court may
Page 14, Line 7stay the dismissal for thirty-five days, set a review hearing, and notify
Page 14, Line 8any professional person, as defined in section 27-65-102; a representative
Page 14, Line 9
ofPage 14, Line 10or a representative
ofPage 14, Line 11mental health who has recently treated or interacted with the defendant
Page 14, Line 12that there are reasonable grounds for short-term treatment and afford the
Page 14, Line 13person an opportunity to pursue certification proceedings or to arrange necessary services.
Page 14, Line 14(b) The court shall grant thirty-five day extensions of the stay described in subsection (7)(a) of this section:
Page 14, Line 15(I) Any number of times with the consent of the defendant; and
Page 14, Line 16(II) Regardless of the defendant's consent, upon request of the prosecution if the court finds good cause:
Page 14, Line 17(A) Up to four times, in addition to the initial stay
Page 14, Line 18authorized in subsection (7)(a) of this section, but not to exceed
Page 14, Line 19one hundred seventy-five days in total, if the defendant is
Page 14, Line 20charged with a crime of violence, as defined in section 18-1.3-406,
Page 14, Line 21or for felony unlawful sexual behavior as defined in section 16-22-102; or
Page 14, Line 22(B) Once, in addition to the initial stay authorized in
Page 15, Line 1subsection (7)(a) of this section, but not to exceed seventy days
Page 15, Line 2in total, if the defendant is not charged with a crime of violence,
Page 15, Line 3as defined in section 18-1.3-406, or for felony unlawful sexual behavior as defined in section 16-22-102.
Page 15, Line 4(c) For the purposes of subsection (7)(b) of this section,
Page 15, Line 5good cause does not include a person's refusal or failure to timely file a petition pursuant to section 27-65-108.5.
Page 15, Line 6(d) When a defendant's charges are dismissed pursuant to
Page 15, Line 7this section or section 16-8.5-111(5), the court shall notify the
Page 15, Line 8department in writing that the charges were dismissed and the reason for the dismissal.
Page 15, Line 9SECTION 10. In Colorado Revised Statutes, add 16-8.6-113 as follows:
Page 15, Line 1016-8.6-113. Effect of acceptance.A court shall vacate any
Page 15, Line 11existing order and shall not enter a new order directing the
Page 15, Line 12department to conduct a competency evaluation or provide
Page 15, Line 13restoration services to a defendant if the defendant was accepted to participate in the bridges wraparound care program.
Page 15, Line 14SECTION 11. In Colorado Revised Statutes, 16-5-401, add (2.5) as follows:
Page 15, Line 1516-5-401. Limitation for commencing criminal proceedings,
Page 15, Line 16civil infraction proceedings, and juvenile delinquency proceedings -
Page 15, Line 17definitions. (2.5) (a) (I) The time limitations imposed by this section
Page 15, Line 18are tolled while the offender is in a competency-related diversion or deflection program.
Page 15, Line 19(II) As used in this subsection (2.5)(a), "competency-related
Page 15, Line 20diversion or deflection program" means a program that offers
Page 16, Line 1a potentially incompetent offender the opportunity to avoid the
Page 16, Line 2filing or re-filing of charges in exchange for the offender's
Page 16, Line 3participation and successful completion of a program designed for potentially incompetent persons.
Page 16, Line 4(b) The time limitations imposed by this section are tolled
Page 16, Line 5beginning when a defendant's case is dismissed without prejudice
Page 16, Line 6for the purpose of facilitating certification for short-term
Page 16, Line 7treatment pursuant to section 16-8.5-111 (3) until either the
Page 16, Line 8defendants criminal case is re-filed or six months has passed since the case was dismissed, whichever is earlier.
Page 16, Line 9SECTION 12. In Colorado Revised Statutes, 27-65-110, amend (1) introductory portion as follows:
Page 16, Line 1027-65-110. Long-term care and treatment of persons with
Page 16, Line 11mental health disorders - procedure. (1) Whenever a respondent has
Page 16, Line 12received an extended certification for treatment pursuant section
Page 16, Line 1327-65-109 (10), including as it is applied to court-ordered
Page 16, Line 14certification pursuant to section 27-65-108.5 (9), the professional
Page 16, Line 15person in charge of the certification for short-term treatment or the BHA
Page 16, Line 16may file a petition with the court at least thirty days prior to the expiration
Page 16, Line 17date of the extended certification for long-term care and treatment of the respondent under the following conditions:
Page 16, Line 18SECTION 13. In Colorado Revised Statutes, 19-2.5-701.5, amend (1) and (6) as follows:
Page 16, Line 1919-2.5-701.5. Definitions. As used in this part 7, unless the context otherwise requires:
Page 16, Line 20(1) "Competency evaluation" means
an evaluationPage 16, Line 21court-ordered evaluation performed by the department, or a
Page 17, Line 1second evaluation conducted pursuant to section 19-2.5-707,
Page 17, Line 2conducted by a competency evaluator that meets the requirements
Page 17, Line 3described in section 19-2.5-703 (4).
"Competency evaluation" includesPage 17, Line 4
both court-ordered evaluations performed by the department and second evaluations.Page 17, Line 5(6) "Restoration evaluation" means
an evaluationPage 17, Line 6court-ordered evaluation performed by the department, or a
Page 17, Line 7second evaluation conducted pursuant to section 19-2.5-707,
Page 17, Line 8conducted by a competency evaluator to determine if the juvenile has
Page 17, Line 9become competent to proceed or will be able to be restored to competency
Page 17, Line 10in the reasonably foreseeable future.
"Restoration evaluation" includes both court-ordered evaluations by the department and second evaluations.Page 17, Line 11SECTION 14. In Colorado Revised Statutes, 19-2.5-704, amend (2)(b) and (2)(c) as follows:
Page 17, Line 1219-2.5-704. Procedure after determination of competency or
Page 17, Line 13incompetency. (2) (b) Pursuant to section 27-60-105, the department is
Page 17, Line 14the entity responsible for the oversight of restoration education and
Page 17, Line 15coordination of services necessary to competency restoration. The
Page 17, Line 16department shall only conduct a restoration evaluation with a court order pursuant to subsection (2)(c) of this section.
Page 17, Line 17(c) (I) The court,
orPage 17, Line 18time, the need for a restoration evaluation of a juvenile's competency.
Page 17, Line 19The request must include the factual grounds that support the need for a restoration evaluation.
Page 17, Line 20(II) (A) The court must ensure prompt resolution of any request for a restoration evaluation.
Page 17, Line 21(B) The court shall order each party to state their
Page 18, Line 1position and provide input on the request no later than fourteen
Page 18, Line 2days after when the party was notified of the request; except if
Page 18, Line 3the juvenile is in custody or inpatient restoration, the court
Page 18, Line 4shall allow seven days for a party to object to the request. If
Page 18, Line 5the parties are before the court, the court may take positions on
Page 18, Line 6the record, or the court may order a written position from each party as necessary.
Page 18, Line 7(C) If no party objects, the court shall order the restoration evaluation forthwith.
Page 18, Line 8(D) If a party objects, the party shall state the grounds for their objection.
Page 18, Line 9(III) If
raisedPage 18, Line 10evaluation being ordered, the court shall order a restoration
Page 18, Line 11evaluation only when there is credible information that the juvenile's
Page 18, Line 12circumstances have changed, the court cannot fairly determine whether
Page 18, Line 13the juvenile has been restored to competency or will be able to be restored
Page 18, Line 14to competency in the reasonably foreseeable future without an
Page 18, Line 15evaluation, and the cause for a restoration evaluation outweighs the
Page 18, Line 16negative impact of a restoration evaluation upon the juvenile.
and anyPage 18, Line 17
delay that will be caused by a restoration evaluation.Page 18, Line 18rule on a request based on the information received with the
Page 18, Line 19request and with any objection without a hearing, or if the
Page 18, Line 20court finds a hearing is necessary to rule on the request, the
Page 18, Line 21court may hold a hearing within fourteen days after receiving an
Page 18, Line 22objection to determine if a restoration evaluation must be ordered. If the
Page 18, Line 23court orders a restoration evaluation, such evaluation must meet the
Page 18, Line 24requirements of section 19-2.5-703 (4).
Page 19, Line 1SECTION 15. Act subject to petition - effective date. This act
Page 19, Line 2takes effect at 12:01 a.m. on the day following the expiration of the
Page 19, Line 3ninety-day period after final adjournment of the general assembly; except
Page 19, Line 4that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 19, Line 5of the state constitution against this act or an item, section, or part of this
Page 19, Line 6act within such period, then the act, item, section, or part will not take
Page 19, Line 7effect unless approved by the people at the general election to be held in
Page 19, Line 8November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.