House Bill 25-1058 Reengrossed

A Bill for an Act

• Page 1, Line 101Concerning modifications to the affirmative defense of not

• Page 1, Line 102guilty by reason of insanity.

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. When a plea of not guilty by reason of insanity is accepted by a court, the bill requires the court, in consultation with the department of human services (CDHS) and the parties, to determine whether a sanity examination requires the defendant to stay overnight for an extended examination and the number of days of the extended examination. If the defendant is in custody, the bill authorizes the sanity examination to be conducted at the jail or place of confinement or at a facility operated by or under contract with CDHS. If the defendant is at liberty on summons or on bond, the bill prohibits the court from ordering the defendant into custody in order to conduct the sanity examination (section 11).

If a sanity examination is recorded, the bill prohibits a defendant from being dressed in prison or jail clothing and prohibits restraints on the defendant from being visible on the recording (section 12).

Current law authorizes psychiatrists, forensic psychologists, and other personnel conducting a sanity examination to conduct a narcoanalytic interview of the defendant with drugs that are medically appropriate, to subject the defendant to a polygraph examination, and to testify to the results of the procedures, statements, and reactions of the defendant. The bill repeals this provision (section 12).

The bill makes conforming amendments and technical corrections.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 16-8-101, amend (3);

• Page 2, Line 3and repeal (2) as follows:

• Page 2, Line 416-8-101.  Insanity defined - offenses committed before July 1,

• Page 2, Line 51995. (2)  The term "diseased or defective in mind", as used in subsection

• Page 2, Line 6(1) of this section, does not refer to an abnormality manifested only by

• Page 2, Line 7repeated criminal or otherwise antisocial conduct.

• Page 2, Line 8(3)  This section shall apply applies to offenses committed before

• Page 2, Line 9July 1, 1995.

• Page 2, Line 10SECTION 2.  In Colorado Revised Statutes, 16-8-101.5, amend

• Page 2, Line 11(3); and repeal (2) as follows:

• Page 2, Line 1216-8-101.5.  Insanity defined - offenses committed on and after

• Page 2, Line 13July 1, 1995. (2)  As used in this section:

• Page 2, Line 14(a)  "Diseased or defective in mind" does not refer to an

• Page 2, Line 15abnormality manifested only by repeated criminal or otherwise antisocial

• Page 2, Line 16conduct. Evidence of knowledge or awareness of the victim's actual or

• Page 3, Line 1perceived gender, gender identity, gender expression, or sexual

• Page 3, Line 2orientation shall not constitute inability to distinguish right from wrong.

• Page 3, Line 3(b)  "Gender identity" and "gender expression" have the same

• Page 3, Line 4meaning as in section 18-1-901 (3)(h.5).

• Page 3, Line 5(c)  "Mental disease or defect" includes only those severely

• Page 3, Line 6abnormal mental conditions that grossly and demonstrably impair a

• Page 3, Line 7person's perception or understanding of reality and that are not

• Page 3, Line 8attributable to the voluntary ingestion of alcohol or any other

• Page 3, Line 9psychoactive substance but does not include an abnormality manifested

• Page 3, Line 10only by repeated criminal or otherwise antisocial conduct.

• Page 3, Line 11(d)  "Sexual orientation" has the same meaning as in section

• Page 3, Line 1218-9-121 (5)(b).

• Page 3, Line 13(3)  This section shall apply applies to offenses committed on or

• Page 3, Line 14after July 1, 1995.

• Page 3, Line 15SECTION 3.  In Colorado Revised Statutes, amend 16-8-102 as

• Page 3, Line 16follows:

• Page 3, Line 1716-8-102.  Definitions. As used in this article article 8, unless

• Page 3, Line 18the context otherwise requires:

• Page 3, Line 19(1) and (2)  Repealed.

• Page 3, Line 20(1)  "Diseased or defective in mind" does not refer to an

• Page 3, Line 21abnormality manifested only by repeated criminal or otherwise

• Page 3, Line 22antisocial conduct. Evidence of knowledge or awareness of the

• Page 3, Line 23victim's actual or perceived gender, gender identity, gender

• Page 3, Line 24expression, or sexual orientation does not constitute an

• Page 3, Line 25inability to distinguish right from wrong.

• Page 3, Line 26(2.5)  (2)  "Forensic psychologist" means a licensed psychologist

• Page 3, Line 27who is board certified in forensic psychology by the American board of

• Page 4, Line 1professional psychology or who has completed a fellowship in forensic

• Page 4, Line 2psychology meeting criteria established by the American board of

• Page 4, Line 3forensic psychology.

• Page 4, Line 4(3)  "Gender identity" and "gender expression" have the

• Page 4, Line 5same meaning as set forth in section 18-1-901.

• Page 4, Line 6(2.7)  (4) (a)  "Impaired mental condition" means a condition of

• Page 4, Line 7mind, caused by mental disease or defect that prevents the person from

• Page 4, Line 8forming the culpable mental state that is an essential element of any crime

• Page 4, Line 9charged. For the purposes of this subsection (2.7), "mental disease or

• Page 4, Line 10defect" includes only those severely abnormal mental conditions which

• Page 4, Line 11grossly and demonstrably impair a person's perception or understanding

• Page 4, Line 12of reality and which are not attributable to the voluntary ingestion of

• Page 4, Line 13alcohol or any other psychoactive substance; except that it does not

• Page 4, Line 14include an abnormality manifested only by repeated criminal or otherwise

• Page 4, Line 15antisocial conduct.

• Page 4, Line 16(b)  This subsection (2.7) shall apply only subsection (4) applies

• Page 4, Line 17to offenses committed before July 1, 1995.

• Page 4, Line 18(3)  Repealed.

• Page 4, Line 19(4)  (5)  "Ineligible for release" means the defendant is suffering

• Page 4, Line 20from a mental disease or defect which is likely to cause him the

• Page 4, Line 21defendant to be dangerous to himself the defendant's self, to others,

• Page 4, Line 22or to the community, in the reasonably foreseeable future, if he the

• Page 4, Line 23defendant is permitted to remain at liberty.

• Page 4, Line 24(4.5)  (6)  "Ineligible to remain on conditional release" means the

• Page 4, Line 25defendant has violated one or more conditions in his the defendant's

• Page 4, Line 26release, or the defendant is suffering from a mental disease or defect

• Page 4, Line 27which is likely to cause him the defendant to be dangerous to himself

• Page 5, Line 1the defendant's self, to others, or to the community in the reasonably

• Page 5, Line 2foreseeable future, if he the defendant is permitted to remain on

• Page 5, Line 3conditional release.

• Page 5, Line 4(4.7)  (7)  "Mental disease or defect" means only those severely

• Page 5, Line 5abnormal mental conditions that grossly and demonstrably impair a

• Page 5, Line 6person's perception or understanding of reality and that are not

• Page 5, Line 7attributable to the voluntary ingestion of alcohol or any other

• Page 5, Line 8psychoactive substance; except that it does not include an abnormality

• Page 5, Line 9manifested only by repeated criminal or otherwise antisocial conduct.

• Page 5, Line 10(5)  (8)  "Release examination" means a court-ordered examination

• Page 5, Line 11of a defendant directed to developing evidence relevant to determining

• Page 5, Line 12whether he the defendant is eligible for release.

• Page 5, Line 13(6)  (9)  "Release hearing" means a hearing for the purpose of

• Page 5, Line 14determining whether a defendant previously committed to the department

• Page 5, Line 15of human services, following a verdict of not guilty by reason of insanity,

• Page 5, Line 16has become eligible for release.

• Page 5, Line 17(7)  Repealed.

• Page 5, Line 18(8)  (10)  "Sanity examination" means a court-ordered examination

• Page 5, Line 19of a defendant who has entered a plea of not guilty by reason of insanity,

• Page 5, Line 20directed to developing information relevant to determining the sanity or

• Page 5, Line 21insanity of the defendant at the time of the commission of the act with

• Page 5, Line 22which he the defendant is charged and also his the defendant's

• Page 5, Line 23competency to proceed.

• Page 5, Line 24(11)  "Sexual orientation" has the same meaning as set

• Page 5, Line 25forth in section 18-9-121.

• Page 5, Line 26SECTION 4.  In Colorado Revised Statutes, amend 16-8-103 as

• Page 5, Line 27follows:

• Page 6, Line 116-8-103.  Pleading insanity as a defense. (1) (a)  The defense of

• Page 6, Line 2insanity may only be raised by a specific plea entered at the time of

• Page 6, Line 3arraignment; except that the court, for good cause shown, may permit the

• Page 6, Line 4plea to be entered at any time prior to trial. The form of the plea shall be

• Page 6, Line 5is: "Not guilty by reason of insanity"; and it must be pleaded orally either

• Page 6, Line 6by the defendant or by the defendant's counsel. A defendant who does not

• Page 6, Line 7raise the defense as provided in this section shall is not be permitted to

• Page 6, Line 8rely upon insanity as a defense to the crime charged but, when charged

• Page 6, Line 9with a crime requiring a specific intent as an element thereof, may

• Page 6, Line 10introduce evidence of the defendant's mental condition as bearing upon

• Page 6, Line 11his or her the defendant's capacity to form the required specific intent.

• Page 6, Line 12The plea of not guilty by reason of insanity includes the plea of not guilty.

• Page 6, Line 13(b)  This subsection (1) shall apply only applies to offenses

• Page 6, Line 14committed before July 1, 1995.

• Page 6, Line 15(1.5) (a)  The defense of insanity may only be raised by a specific

• Page 6, Line 16plea entered at the time of arraignment; except that the court, for good

• Page 6, Line 17cause shown, may permit the plea to be entered at any time prior to trial.

• Page 6, Line 18The form of the plea shall be is: "Not guilty by reason of insanity"; and

• Page 6, Line 19it must be pleaded orally either by the defendant or by the defendant's

• Page 6, Line 20counsel. The plea of not guilty by reason of insanity includes the plea of

• Page 6, Line 21not guilty.

• Page 6, Line 22(b)  This subsection (1.5) shall apply applies to offenses

• Page 6, Line 23committed on or after July 1, 1995.

• Page 6, Line 24(2)  If counsel for the defendant believes that a plea of not guilty

• Page 6, Line 25by reason of insanity should be entered on behalf of the defendant but the

• Page 6, Line 26defendant refuses to permit the entry of the plea, counsel may so inform

• Page 6, Line 27the court. The court shall then conduct such an investigation as it deems

• Page 7, Line 1proper, which may include the appointment of psychiatrists or forensic

• Page 7, Line 2psychologists to assist in examining the defendant and advising the court.

• Page 7, Line 3After its investigation, the court shall conduct a hearing to determine

• Page 7, Line 4whether the plea should be entered. If the court finds that the entry of a

• Page 7, Line 5plea of not guilty by reason of insanity is necessary for a just

• Page 7, Line 6determination of the charge against the defendant, it the court shall

• Page 7, Line 7enter the plea on behalf of the defendant, and the plea so entered shall

• Page 7, Line 8have has the same effect as though it had been voluntarily entered by the

• Page 7, Line 9defendant. himself or herself.

• Page 7, Line 10(3)  If there has been no a grand jury indictment or preliminary

• Page 7, Line 11hearing has not been held prior to the entry of the plea of not guilty by

• Page 7, Line 12reason of insanity, the court shall hold a preliminary hearing prior to the

• Page 7, Line 13trial of the insanity issue. If probable cause is not established, the case

• Page 7, Line 14shall must be dismissed, but the court may order the district attorney to

• Page 7, Line 15institute civil proceedings pursuant to article 65 of title 27 C.R.S., if it

• Page 7, Line 16appears that the protection of the public or the accused requires it a civil

• Page 7, Line 17proceeding.

• Page 7, Line 18(4)  Before accepting a plea of not guilty by reason of insanity, the

• Page 7, Line 19court shall advise the defendant of the effect and consequences of the

• Page 7, Line 20plea.

• Page 7, Line 21SECTION 5.  In Colorado Revised Statutes, amend 16-8-103.5

• Page 7, Line 22as follows:

• Page 7, Line 2316-8-103.5.  Impaired mental condition - when raised -

• Page 7, Line 24procedure - legislative intent. (1)  If the defendant intends to assert the

• Page 7, Line 25affirmative defense of impaired mental condition, he the defendant

• Page 7, Line 26shall indicate that intention to the court and to the prosecution at the time

• Page 7, Line 27of arraignment; except that the court, for good cause shown, shall permit

• Page 8, Line 1the defendant to inform the court and the prosecution of his the

• Page 8, Line 2defendant's intention to assert the affirmative defense of impaired

• Page 8, Line 3mental condition at any time prior to trial.

• Page 8, Line 4(2)  If counsel for the defendant believes that an assertion of the

• Page 8, Line 5affirmative defense of impaired mental condition should be entered on

• Page 8, Line 6behalf of the defendant but the defendant refuses to permit counsel to

• Page 8, Line 7offer such evidence, counsel may so inform the court. The court shall then

• Page 8, Line 8conduct such an investigation as it deems proper, which may include the

• Page 8, Line 9appointment of psychiatrists or forensic psychologists to assist in

• Page 8, Line 10examining the defendant and advising the court. After its investigation,

• Page 8, Line 11the court shall conduct a hearing to determine whether evidence of

• Page 8, Line 12impaired mental condition should be offered at trial. If the court finds that

• Page 8, Line 13such a the defense of impaired mental condition is necessary for a

• Page 8, Line 14just determination of the charge against the defendant, it the court shall

• Page 8, Line 15inform the prosecution that such the defense shall must be asserted at

• Page 8, Line 16trial by the defendant and shall order the defendant's counsel to present

• Page 8, Line 17evidence at trial on the defense of impaired mental condition.

• Page 8, Line 18(3)  At the time at which when the defendant announces his the

• Page 8, Line 19defendant's intention to assert the affirmative defense of impaired

• Page 8, Line 20mental condition, the court shall advise the defendant of the effect and

• Page 8, Line 21consequences of asserting the defense.

• Page 8, Line 22(4)  When the defendant indicates his the defendant's intention

• Page 8, Line 23to assert the defense of impaired mental condition, the court shall order

• Page 8, Line 24an examination of the defendant pursuant to section 16-8-106. The court

• Page 8, Line 25shall order both the prosecutor and the defendant to exchange the names,

• Page 8, Line 26addresses, reports, and statements of persons, other than medical experts

• Page 8, Line 27subject to the provisions of section 16-8-103.6, whom the parties intend

• Page 9, Line 1to call as witnesses with regard to the affirmative defense of impaired

• Page 9, Line 2mental condition.

• Page 9, Line 3(5)  If the trier of fact finds the defendant not guilty by reason of

• Page 9, Line 4impaired mental condition, pursuant to section 18-1-803 (3), C.R.S., the

• Page 9, Line 5court shall commit the defendant to the custody of the department of

• Page 9, Line 6human services until such time as he the defendant is found eligible for

• Page 9, Line 7release, pursuant to the standards set forth in sections 16-8-115 and

• Page 9, Line 816-8-120. The executive director of the department of human services

• Page 9, Line 9shall designate the state facility at which where the defendant shall be

• Page 9, Line 10held for care and psychiatric treatment and may transfer the defendant

• Page 9, Line 11from one institution to another if, in the opinion of the executive

• Page 9, Line 12director, it transferring the defendant is desirable to do so in the

• Page 9, Line 13interest of the defendant's proper care, custody, and treatment of the

• Page 9, Line 14defendant or the protection of the public or the personnel of the facilities

• Page 9, Line 15in question.

• Page 9, Line 16(6)  It is the intent of the general assembly that the assertion of the

• Page 9, Line 17affirmative defense of impaired mental condition not be made in such a

• Page 9, Line 18fashion a manner that it is used to circumvent the requirements of

• Page 9, Line 19disclosure specified in rule 16 of the Colorado rules of criminal

• Page 9, Line 20procedure.

• Page 9, Line 21(7)  A defendant may raise impaired mental condition only through

• Page 9, Line 22an assertion of affirmative defense.

• Page 9, Line 23(8)  This section shall apply only applies to offenses committed

• Page 9, Line 24before July 1, 1995.

• Page 9, Line 25SECTION 6.  In Colorado Revised Statutes, amend 16-8-103.6

• Page 9, Line 26as follows:

• Page 9, Line 2716-8-103.6.  Waiver of privilege. (1) (a)  A defendant who places

• Page 10, Line 1his or her the defendant's mental condition at issue by pleading not

• Page 10, Line 2guilty by reason of insanity pursuant to section 16-8-103, or asserting the

• Page 10, Line 3affirmative defense of impaired mental condition pursuant to section

• Page 10, Line 416-8-103.5, or disclosing witnesses who may provide evidence

• Page 10, Line 5concerning the defendant's mental condition during a sentencing hearing

• Page 10, Line 6held pursuant to section 18-1.3-1201 for an offense charged prior to July

• Page 10, Line 71, 2020, or pursuant to section 18-1.3-1302 for an offense charged prior

• Page 10, Line 8to July 1, 2020, waives any claim of confidentiality or privilege as to

• Page 10, Line 9communications made by the defendant to a physician or psychologist in

• Page 10, Line 10the course of an examination or treatment for the mental condition for the

• Page 10, Line 11purpose of any trial or hearing on the issue of the mental condition, or

• Page 10, Line 12sentencing hearing conducted pursuant to section 18-1.3-1201 for an

• Page 10, Line 13offense charged prior to July 1, 2020, or pursuant to section 18-1.3-1302

• Page 10, Line 14for an offense charged prior to July 1, 2020. The court shall order both the

• Page 10, Line 15prosecutor and the defendant to exchange the names, addresses, reports,

• Page 10, Line 16and statements of any physician or psychologist who has examined or

• Page 10, Line 17treated the defendant for the mental condition.

• Page 10, Line 18(b)  This subsection (1) shall apply only applies to offenses

• Page 10, Line 19committed before July 1, 1995.

• Page 10, Line 20(2) (a)  A defendant who places his or her the defendant's

• Page 10, Line 21mental condition at issue by pleading not guilty by reason of insanity

• Page 10, Line 22pursuant to section 16-8-103 or disclosing witnesses who may provide

• Page 10, Line 23evidence concerning the defendant's mental condition during a sentencing

• Page 10, Line 24hearing held pursuant to section 18-1.3-1201 for an offense charged prior

• Page 10, Line 25to July 1, 2020, or pursuant to section 18-1.4-102; or, for offenses

• Page 10, Line 26committed on or after July 1, 1999, by seeking to introduce evidence

• Page 10, Line 27concerning his or her the defendant's mental condition pursuant to

• Page 11, Line 1section 16-8-107 (3) waives any claim of confidentiality or privilege as

• Page 11, Line 2to communications made by the defendant to a physician or psychologist

• Page 11, Line 3in the course of an examination or treatment for the mental condition for

• Page 11, Line 4the purpose of any trial or hearing on the issue of the mental condition,

• Page 11, Line 5or sentencing hearing conducted pursuant to section 18-1.3-1201 for an

• Page 11, Line 6offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102.

• Page 11, Line 7The court shall order both the prosecutor and the defendant to exchange

• Page 11, Line 8the names, addresses, reports, and statements of any physician or

• Page 11, Line 9psychologist who has examined or treated the defendant for the mental

• Page 11, Line 10condition.

• Page 11, Line 11(b)  This subsection (2) shall apply applies to offenses committed

• Page 11, Line 12on or after July 1, 1995.

• Page 11, Line 13SECTION 7.  In Colorado Revised Statutes, amend 16-8-103.7

• Page 11, Line 14as follows:

• Page 11, Line 1516-8-103.7.  Examination after entry of defenses of insanity

• Page 11, Line 16and impaired mental condition. (1) (a)  When, at the time of

• Page 11, Line 17arraignment, the defense of insanity is raised pursuant to section

• Page 11, Line 1816-8-103, and the defendant asserts his or her the defendant's intention

• Page 11, Line 19to raise the affirmative defense of impaired mental condition pursuant to

• Page 11, Line 20section 16-8-103.5, the court shall order one examination of the defendant

• Page 11, Line 21with regard to both defenses pursuant to section 16-8-106.

• Page 11, Line 22(b)  This subsection (1) shall apply only applies to offenses

• Page 11, Line 23committed before July 1, 1995.

• Page 11, Line 24(2) (a)  When, at the time of arraignment, the defense of insanity

• Page 11, Line 25is raised pursuant to section 16-8-103, the court shall order an

• Page 11, Line 26examination of the defendant with regard to the insanity defense pursuant

• Page 11, Line 27to section 16-8-106.

• Page 12, Line 1(b)  This subsection (2) shall apply applies to offenses committed

• Page 12, Line 2on or after July 1, 1995.

• Page 12, Line 3(3) (a)  When the defendant gives notice pursuant to section

• Page 12, Line 416-8-107 (3) that he or she the defendant intends to introduce evidence

• Page 12, Line 5in the nature of expert opinion concerning his or her the defendant's

• Page 12, Line 6mental condition, the court shall order an examination of the defendant

• Page 12, Line 7pursuant to section 16-8-106.

• Page 12, Line 8(b)  The provisions of This subsection (3) shall apply applies to

• Page 12, Line 9offenses committed on or after July 1, 1999.

• Page 12, Line 10SECTION 8.  In Colorado Revised Statutes, amend 16-8-104 as

• Page 12, Line 11follows:

• Page 12, Line 1216-8-104.  Separate trial of issues. The issues raised by the plea

• Page 12, Line 13of not guilty by reason of insanity shall must be tried separately to

• Page 12, Line 14different juries, and the sanity of the defendant shall must be tried first.

• Page 12, Line 15This section shall apply only applies to offenses committed before July

• Page 12, Line 161, 1995.

• Page 12, Line 17SECTION 9.  In Colorado Revised Statutes, amend 16-8-104.5

• Page 12, Line 18as follows:

• Page 12, Line 1916-8-104.5.  Single trial of issues. (1)  The issues raised by the

• Page 12, Line 20plea of not guilty by reason of insanity shall must be treated as an

• Page 12, Line 21affirmative defense and shall must be tried at the same proceeding and

• Page 12, Line 22before the same trier of fact as the charges to which not guilty by reason

• Page 12, Line 23of insanity is offered as a defense.

• Page 12, Line 24(2)  This section shall apply applies to offenses committed on or

• Page 12, Line 25after July 1, 1995.

• Page 12, Line 26SECTION 10.  In Colorado Revised Statutes, 16-8-105, amend

• Page 12, Line 27(1), (4), and (5) as follows:

• Page 13, Line 116-8-105.  Procedure after plea for offenses committed before

• Page 13, Line 2July 1, 1995. (1)  When a plea of not guilty by reason of insanity is

• Page 13, Line 3accepted, the court shall forthwith commit order the defendant for to

• Page 13, Line 4undergo a sanity examination, specifying the place and period of

• Page 13, Line 5commitment where the examination must be conducted.

• Page 13, Line 6(4)  If the trier of fact finds the defendant not guilty by reason of

• Page 13, Line 7insanity, the court shall commit the defendant to the custody of the

• Page 13, Line 8department of human services until such time as he the defendant is

• Page 13, Line 9found eligible for release. The executive director of the department of

• Page 13, Line 10human services shall designate the state facility at which the defendant

• Page 13, Line 11shall be held for care and psychiatric treatment and may transfer the

• Page 13, Line 12defendant from one institution to another if, in the opinion of the

• Page 13, Line 13executive director, it is desirable to do so in the interest of the

• Page 13, Line 14defendant's proper care, custody, and treatment of the defendant or the

• Page 13, Line 15protection of the public or the personnel of the facilities in question.

• Page 13, Line 16(5)  This section shall apply applies to offenses committed before

• Page 13, Line 17July 1, 1995.

• Page 13, Line 18SECTION 11.  In Colorado Revised Statutes, 16-8-105.5, amend

• Page 13, Line 19(1), (2), and (3) as follows:

• Page 13, Line 2016-8-105.5.  Procedure after plea for offenses committed on or

• Page 13, Line 21after July 1, 1995. (1) (a)  When a plea of not guilty by reason of insanity

• Page 13, Line 22is accepted, the court shall forthwith commit order the defendant for to

• Page 13, Line 23undergo a sanity examination, specifying the place and period of

• Page 13, Line 24commitment where the examination must be conducted. The

• Page 13, Line 25court, in consultation with the department of human services

• Page 13, Line 26and the parties, shall determine whether the examination

• Page 13, Line 27requires the defendant to stay overnight for an extended

• Page 14, Line 1examination and the number of days of the extended

• Page 14, Line 2examination.

• Page 14, Line 3(b) (I)  If the defendant is in custody, the examination may

• Page 14, Line 4be conducted at the jail or place of confinement or at a facility

• Page 14, Line 5operated by or under contract with the department of human

• Page 14, Line 6services. If the defendant is in custody and the court determines

• Page 14, Line 7the examination must be conducted at a facility operated by or

• Page 14, Line 8under contract with the department of human services, the

• Page 14, Line 9court shall order the department of human services to take

• Page 14, Line 10custody of the defendant to conduct the examination and

• Page 14, Line 11return the defendant to the original place of custody after the

• Page 14, Line 12examination is complete.

• Page 14, Line 13(II)  If the defendant is at liberty on summons or on bond,

• Page 14, Line 14the examination may be conducted at a facility operated by or

• Page 14, Line 15contracted with the department of human services or at an

• Page 14, Line 16out-of-custody location that the court and department of

• Page 14, Line 17human services determine is appropriate.

• Page 14, Line 18(2)  Upon receiving the report of the sanity examination, the court

• Page 14, Line 19shall immediately set the case for trial. Every person is presumed to be

• Page 14, Line 20sane; but, once any evidence of insanity is introduced, the people have

• Page 14, Line 21prosecution has the burden of proving sanity beyond a reasonable

• Page 14, Line 22doubt.

• Page 14, Line 23(3)  When the affirmative defense of not guilty by reason of

• Page 14, Line 24insanity has been raised, the jury shall must be given special verdict

• Page 14, Line 25forms containing interrogatories. The trier of fact shall decide first the

• Page 14, Line 26question of guilt as to felony charges that are before the court. If the trier

• Page 14, Line 27of fact concludes that guilt has been proven beyond a reasonable doubt as

• Page 15, Line 1to one or more of the felony charges submitted for consideration, the

• Page 15, Line 2special interrogatories shall must not be answered. Upon completion of

• Page 15, Line 3its deliberations on the felony charges as previously set forth in this

• Page 15, Line 4subsection (3), the trier of fact shall consider any other charges before the

• Page 15, Line 5court in a similar manner; except that it the trier of fact shall not

• Page 15, Line 6answer the special interrogatories regarding such the charges if it the

• Page 15, Line 7trier of fact has previously found guilt beyond a reasonable doubt with

• Page 15, Line 8respect to one or more felony charges. The interrogatories shall must

• Page 15, Line 9provide for specific findings of the jury with respect to the affirmative

• Page 15, Line 10defense of not guilty by reason of insanity. When the court sits as the trier

• Page 15, Line 11of fact, it the court shall enter appropriate specific findings with respect

• Page 15, Line 12to the affirmative defense of not guilty by reason of insanity.

• Page 15, Line 13SECTION 12.  In Colorado Revised Statutes, 16-8-106, amend

• Page 15, Line 14(1)(a), (1)(b), (2)(a), (2)(b), (3), and (7) introductory portion as follows:

• Page 15, Line 1516-8-106.  Examinations and report. (1) (a)  All examinations

• Page 15, Line 16ordered by the court in criminal cases shall must be accomplished by the

• Page 15, Line 17entry of an order of the court specifying the place where such the

• Page 15, Line 18examination is to be conducted and the period of time allocated for such

• Page 15, Line 19the examination. The defendant may be committed for such the

• Page 15, Line 20examination to the Colorado psychiatric hospital in Denver, the Colorado

• Page 15, Line 21mental health institute at Pueblo a state-run mental health hospital,

• Page 15, Line 22the place where he or she the defendant is in custody, or such any

• Page 15, Line 23other public institution designated by the court. In determining the place

• Page 15, Line 24where such the examination is to be conducted, the court shall give

• Page 15, Line 25priority to the place where the defendant is in custody, unless the nature

• Page 15, Line 26and circumstances of the examination require designation of a different

• Page 15, Line 27facility. One or more psychiatrists or forensic psychologists

• Page 16, Line 1shall observe the defendant shall be observed and examined by one or

• Page 16, Line 2more psychiatrists or forensic psychologists during such a period as the

• Page 16, Line 3court directs. For good cause shown, upon motion of the prosecution or

• Page 16, Line 4defendant, or upon the court's own motion, the court may order such any

• Page 16, Line 5further or other examination as is advisable under the circumstances.

• Page 16, Line 6Nothing in This section shall does not abridge the right of the defendant

• Page 16, Line 7to procure an examination as provided in section 16-8-108.

• Page 16, Line 8(b) (I)  An interview conducted pursuant to this section in any

• Page 16, Line 9case that includes a class 1 or class 2 felony charge or a felony sex

• Page 16, Line 10offense charge described in section 18-3-402, 18-3-404, 18-3-405, or

• Page 16, Line 1118-3-405.5 C.R.S., pursuant to this section must be video and audio

• Page 16, Line 12recorded and preserved, except as provided in subsection (1)(c) of

• Page 16, Line 13this section. The court shall advise the defendant that any examination

• Page 16, Line 14with a psychiatrist or forensic psychologist may be video and audio

• Page 16, Line 15recorded. A copy of the recording must be provided to all parties and the

• Page 16, Line 16court with the examination report. Any jail or other facility where the

• Page 16, Line 17court orders the examination to take place must shall permit the

• Page 16, Line 18recording to occur and must shall provide the space and equipment

• Page 16, Line 19necessary for such the recording. If space and equipment are not

• Page 16, Line 20available, the sheriff or facility director shall attempt to coordinate a

• Page 16, Line 21location and the availability of equipment with the court, which and the

• Page 16, Line 22court may consult with the district attorney and defense counsel for an

• Page 16, Line 23agreed-upon location. If no an agreement is not reached, and upon the

• Page 16, Line 24request of either the defense counsel or district attorney, the court shall

• Page 16, Line 25order the location of the examination, which may include the Colorado

• Page 16, Line 26mental health institute at Pueblo a state-run mental health hospital.

• Page 16, Line 27(II)  In order to protect the presumption of innocence, if

• Page 17, Line 1the examination is recorded, the defendant must not be dressed

• Page 17, Line 2in prison or jail clothing. This subsection (1)(b)(II) does not

• Page 17, Line 3require or prohibit the use of restraints, and the examination

• Page 17, Line 4may be stopped or paused in order to apply restraints on the

• Page 17, Line 5defendant to ensure the safety of the evaluator, the defendant,

• Page 17, Line 6or others, as long as the restraints are not visible on the

• Page 17, Line 7recording.

• Page 17, Line 8(2) (a)  The defendant shall have has a privilege against

• Page 17, Line 9self-incrimination during the course of an examination under conducted

• Page 17, Line 10pursuant to this section. The fact of the defendant's noncooperation

• Page 17, Line 11with psychiatrists, forensic psychologists, and other personnel conducting

• Page 17, Line 12the examination may be admissible in the defendant's trial on the issue of

• Page 17, Line 13insanity or impaired mental condition and in any sentencing hearing held

• Page 17, Line 14pursuant to section 18-1.3-1201 or 18-1.3-1302. C.R.S. This paragraph

• Page 17, Line 15(a) shall apply only subsection (2)(a) applies to offenses committed

• Page 17, Line 16before July 1, 1995.

• Page 17, Line 17(b)  The defendant shall have has a privilege against

• Page 17, Line 18self-incrimination during the course of an examination under conducted

• Page 17, Line 19pursuant to this section. The fact of the defendant's noncooperation

• Page 17, Line 20with psychiatrists, forensic psychologists, and other personnel conducting

• Page 17, Line 21the examination may be admissible in the defendant's trial on the issue of

• Page 17, Line 22insanity and in any sentencing hearing held pursuant to section

• Page 17, Line 2318-1.3-1201 or 18-1.4-102. C.R.S. This paragraph (b) shall apply

• Page 17, Line 24subsection (2)(b) applies to offenses committed on or after July 1,

• Page 17, Line 251995, but prior to July 1, 1999.

• Page 17, Line 26(3) (a)  To aid in forming an opinion as to regarding the

• Page 17, Line 27defendant's mental condition, of the defendant, it is permissible in the

• Page 18, Line 1course of an examination under conducted pursuant to this section to

• Page 18, Line 2use the defendant's confessions and admissions of the defendant and

• Page 18, Line 3any other evidence of the circumstances surrounding the commission of

• Page 18, Line 4the offense, as well as the defendant's medical and social history of the

• Page 18, Line 5defendant, in questioning the defendant. When the defendant is

• Page 18, Line 6noncooperative with psychiatrists, forensic psychologists, and other

• Page 18, Line 7personnel conducting the examination, an opinion of the defendant's

• Page 18, Line 8mental condition of the defendant may be rendered by such the

• Page 18, Line 9psychiatrists, forensic psychologists, or other personnel based upon such

• Page 18, Line 10the defendant's confessions and admissions and any other evidence of

• Page 18, Line 11the circumstances surrounding the commission of the offense, as well as

• Page 18, Line 12the defendant's known medical and social history, of the defendant, and

• Page 18, Line 13such the opinion may be admissible into evidence at trial and in any

• Page 18, Line 14sentencing hearing held pursuant to section 18-1.3-1201 or 18-1.3-1302.

• Page 18, Line 15C.R.S. It shall also be permissible to conduct a narcoanalytic interview of

• Page 18, Line 16the defendant with such drugs as are medically appropriate and to subject

• Page 18, Line 17the defendant to polygraph examination. In any trial or hearing on the

• Page 18, Line 18issue of the defendant's sanity, eligibility for release, or impaired mental

• Page 18, Line 19condition, and in any sentencing hearing held pursuant to section

• Page 18, Line 2018-1.3-1201 or 18-1.3-1302, C.R.S., the physicians and other personnel

• Page 18, Line 21conducting the examination may testify to the results of any such

• Page 18, Line 22procedures and the statements and reactions of the defendant insofar as

• Page 18, Line 23the same entered into the formation of their opinions as to the mental

• Page 18, Line 24condition of the defendant both at the time of the commission of the

• Page 18, Line 25alleged offense and at the present time. This paragraph (a) shall apply

• Page 18, Line 26only This subsection (3)(a) applies to offenses committed before July

• Page 18, Line 271, 1995.

• Page 19, Line 1(b)  To aid in forming an opinion as to regarding the

• Page 19, Line 2defendant's mental condition, of the defendant, it is permissible in the

• Page 19, Line 3course of an examination under conducted pursuant to this section to

• Page 19, Line 4use the defendant's confessions and admissions of the defendant and

• Page 19, Line 5any other evidence of the circumstances surrounding the commission of

• Page 19, Line 6the offense, as well as the defendant's medical and social history of the

• Page 19, Line 7defendant, in questioning the defendant. When the defendant is

• Page 19, Line 8noncooperative with psychiatrists, forensic psychologists, and other

• Page 19, Line 9personnel conducting the examination, an opinion of the defendant's

• Page 19, Line 10mental condition of the defendant may be rendered by such the

• Page 19, Line 11psychiatrists, forensic psychologists, or other personnel based upon such

• Page 19, Line 12the defendant's confessions and admissions and any other evidence of

• Page 19, Line 13the circumstances surrounding the commission of the offense, as well as

• Page 19, Line 14the defendant's known medical and social history, of the defendant, and

• Page 19, Line 15such the opinion may be admissible into evidence at trial and in any

• Page 19, Line 16sentencing hearing held pursuant to section 18-1.3-1201 for an offense

• Page 19, Line 17charged prior to July 1, 2020, or pursuant to section 18-1.4-102. It shall

• Page 19, Line 18also be permissible to conduct a narcoanalytic interview of the defendant

• Page 19, Line 19with such drugs as are medically appropriate and to subject the defendant

• Page 19, Line 20to polygraph examination. In any trial or hearing on the issue of the

• Page 19, Line 21defendant's sanity or eligibility for release, and in any sentencing hearing

• Page 19, Line 22held pursuant to section 18-1.3-1201 for an offense charged prior to July

• Page 19, Line 231, 2020, or pursuant to section 18-1.4-102, the physicians and other

• Page 19, Line 24personnel conducting the examination may testify to the results of any

• Page 19, Line 25such procedures and the statements and reactions of the defendant insofar

• Page 19, Line 26as the same entered into the formation of their opinions as to the mental

• Page 19, Line 27condition of the defendant both at the time of the commission of the

• Page 20, Line 1alleged offense and at the present time. This subsection (3)(b) applies to

• Page 20, Line 2offenses committed on or after July 1, 1995.

• Page 20, Line 3(c)  For offenses committed on or after July 1, 1999, when a

• Page 20, Line 4defendant undergoes an examination pursuant to the provisions of

• Page 20, Line 5paragraph (b) of this subsection (3) subsection (3)(b) of this section

• Page 20, Line 6because the defendant has given notice pursuant to section 16-8-107 (3)

• Page 20, Line 7that he or she the defendant intends to introduce expert opinion

• Page 20, Line 8evidence concerning his or her the defendant's mental condition, the

• Page 20, Line 9physicians, forensic psychologists, and other personnel conducting the

• Page 20, Line 10examination may testify to the results of any such procedures and the

• Page 20, Line 11defendant's statements and reactions of the defendant insofar as such

• Page 20, Line 12if the statements and reactions entered into the formation of their the

• Page 20, Line 13experts' opinions as to regarding the defendant's mental condition.

• Page 20, Line 14of the defendant.

• Page 20, Line 15(7)  With respect to offenses committed on or after July 1, 1999,

• Page 20, Line 16when a defendant has undergone an examination pursuant to the

• Page 20, Line 17provisions of this section because the defendant has given notice pursuant

• Page 20, Line 18to section 16-8-107 (3) that he or she the defendant intends to

• Page 20, Line 19introduce expert opinion evidence concerning his or her the

• Page 20, Line 20defendant's mental condition, the report of shall examination report

• Page 20, Line 21must include, but is not limited to, the items described in subsections

• Page 20, Line 22(5)(a), (5)(b), and (5)(c) of this section, and:

• Page 20, Line 23SECTION 13.  In Colorado Revised Statutes, 16-8-107, amend

• Page 20, Line 24(1)(a), (1)(c), (1.5)(a), (1.5)(c), (3)(b), and (3)(c) as follows:

• Page 20, Line 2516-8-107.  Evidence. (1) (a)  Except as provided in this subsection

• Page 20, Line 26(1), no evidence acquired directly or indirectly for the first time from a

• Page 20, Line 27communication derived from the defendant's mental processes during the

• Page 21, Line 1course of a court-ordered examination under pursuant to section

• Page 21, Line 216-8-106 or acquired pursuant to section 16-8-103.6 is not admissible

• Page 21, Line 3against the defendant on the issues raised by a plea of not guilty, if the

• Page 21, Line 4defendant is put to trial on those issues, except to rebut evidence of his or

• Page 21, Line 5her the defendant's mental condition introduced by the defendant to

• Page 21, Line 6show incapacity to form a culpable mental state; and, in such case, that

• Page 21, Line 7evidence may be considered by the trier of fact only as bearing upon the

• Page 21, Line 8question of capacity to form a culpable mental state, and the jury, at the

• Page 21, Line 9request of either party, shall must be so instructed.

• Page 21, Line 10(c)  If the defendant testifies in his or her on the defendant's

• Page 21, Line 11own behalf upon the trial of the issues raised by the plea of not guilty, or

• Page 21, Line 12at a sentencing hearing held pursuant to section 18-1.3-1201 for an

• Page 21, Line 13offense charged prior to July 1, 2020, or pursuant to section 18-1.3-1302

• Page 21, Line 14for an offense charged prior to July 1, 2020, or pursuant to section

• Page 21, Line 1518-1.4-102, the provisions of this section shall does not bar any evidence

• Page 21, Line 16used to impeach or rebut the defendant's testimony.

• Page 21, Line 17(1.5) (a)  Except as otherwise provided in this subsection (1.5),

• Page 21, Line 18evidence acquired directly or indirectly for the first time from a

• Page 21, Line 19communication derived from the defendant's mental processes during the

• Page 21, Line 20course of a court-ordered examination pursuant to section 16-8-106 or

• Page 21, Line 21acquired pursuant to section 16-8-103.6 is admissible only as to the issues

• Page 21, Line 22raised by the defendant's plea of not guilty by reason of insanity, and the

• Page 21, Line 23jury, at the request of either party, shall must be so instructed; except

• Page 21, Line 24that, for offenses committed on or after July 1, 1999, such the evidence

• Page 21, Line 25shall is also be admissible as to the defendant's mental condition if the

• Page 21, Line 26defendant undergoes the examination because the defendant has given

• Page 21, Line 27notice pursuant to subsection (3) of this section that he or she the

• Page 22, Line 1defendant intends to introduce expert opinion evidence concerning his

• Page 22, Line 2or her the defendant's mental condition.

• Page 22, Line 3(c)  If the defendant testifies in his or her on the defendant's

• Page 22, Line 4own behalf, the provisions of this section shall does not bar any evidence

• Page 22, Line 5used to impeach or rebut the defendant's testimony. This subsection (1.5)

• Page 22, Line 6shall apply applies to offenses committed on or after July 1, 1995.

• Page 22, Line 7(3) (b)  Regardless of whether a defendant enters a plea of not

• Page 22, Line 8guilty by reason of insanity pursuant to section 16-8-103, the defendant

• Page 22, Line 9shall not be is not permitted to introduce evidence in the nature of expert

• Page 22, Line 10opinion concerning his or her the defendant's mental condition without

• Page 22, Line 11having first given notice to the court and the prosecution of his or her the

• Page 22, Line 12defendant's intent to introduce such the evidence and without having

• Page 22, Line 13undergone a court-ordered examination pursuant to section 16-8-106. A

• Page 22, Line 14defendant who places his or her the defendant's mental condition at

• Page 22, Line 15issue by giving such notice waives any claim of confidentiality or

• Page 22, Line 16privilege as provided in section 16-8-103.6. Such The notice shall must

• Page 22, Line 17be given at the time of arraignment; except that the court, for good cause

• Page 22, Line 18shown, shall permit the defendant to inform the court and prosecution of

• Page 22, Line 19the intent to introduce such evidence at any time prior to trial. Any period

• Page 22, Line 20of delay caused by the examination and report provided for in section

• Page 22, Line 2116-8-106 shall must be excluded, as provided in section 18-1-405 (6)(a),

• Page 22, Line 22C.R.S., from the time within which the defendant must be brought to trial.

• Page 22, Line 23(c)  The provisions of This subsection (3) shall apply applies to

• Page 22, Line 24offenses committed on or after July 1, 1999.

• Page 22, Line 25SECTION 14.  In Colorado Revised Statutes, 16-8-108, amend

• Page 22, Line 26(1)(a) as follows:

• Page 22, Line 2716-8-108.  Examination at instance of defendant. (1) (a)  If the

• Page 23, Line 1defendant wishes to be examined by a psychiatrist, psychologist, or other

• Page 23, Line 2expert of his the defendant's own choice in connection with any

• Page 23, Line 3proceeding under this article article 8, the court, upon timely motion,

• Page 23, Line 4shall order that the examiner chosen by the defendant be given reasonable

• Page 23, Line 5opportunity to conduct the examination. An interview conducted pursuant

• Page 23, Line 6to a court order under this section must be video and audio recorded and

• Page 23, Line 7preserved, except as provided in subsection (1)(b) of this section.

• Page 23, Line 8The court shall advise the defendant that any examination with a

• Page 23, Line 9psychiatrist or forensic psychologist may be audio and video recorded. A

• Page 23, Line 10copy of the recording must be provided to the prosecution with the

• Page 23, Line 11examination report. Any jail or other facility where the court orders the

• Page 23, Line 12examination to take place must shall permit the recording to occur and

• Page 23, Line 13must shall provide the space and equipment necessary for such the

• Page 23, Line 14recording, if available. If space and equipment are not available, the

• Page 23, Line 15sheriff or facility director shall attempt to coordinate a location and the

• Page 23, Line 16availability of equipment with the court, which and the court may

• Page 23, Line 17consult with the district attorney and defense counsel for an agreed-upon

• Page 23, Line 18location. If no an agreement is not reached, and upon the request of

• Page 23, Line 19either the defense counsel or district attorney, the court shall order the

• Page 23, Line 20location of the examination, which may include the Colorado mental

• Page 23, Line 21health institute at Pueblo a state-run mental health hospital.

• Page 23, Line 22SECTION 15.  In Colorado Revised Statutes, amend 16-8-109 as

• Page 23, Line 23follows:

• Page 23, Line 2416-8-109.  Testimony of lay witnesses. In any trial or hearing in

• Page 23, Line 25which the defendant's mental condition of the defendant is an issue,

• Page 23, Line 26witnesses a witness not specially trained in psychiatry or psychology

• Page 23, Line 27may testify as to their the witness's observation of the defendant's

• Page 24, Line 1actions and conduct, and as to conversations which they have that the

• Page 24, Line 2witness has had with him the defendant bearing upon his the

• Page 24, Line 3defendant's mental condition, and they shall the witness must be

• Page 24, Line 4permitted to give their opinions or conclusions concerning the

• Page 24, Line 5defendant's mental condition. of the defendant.

• Page 24, Line 6SECTION 16.  In Colorado Revised Statutes, 16-8-114, amend

• Page 24, Line 7(3) as follows:

• Page 24, Line 816-8-114.  Evidence concerning competency - inadmissibility.

• Page 24, Line 9(3) (a)  Evidence of any determination as to the defendant's competency

• Page 24, Line 10or incompetency is not admissible on the issues raised by the pleas of not

• Page 24, Line 11guilty or not guilty by reason of insanity or the affirmative defense of

• Page 24, Line 12impaired mental condition. This paragraph (a) shall apply only

• Page 24, Line 13subsection (3)(a) applies to offenses committed before July 1, 1995.

• Page 24, Line 14(b)  Evidence of any determination as to the defendant's

• Page 24, Line 15competency or incompetency is not admissible on the issues raised by the

• Page 24, Line 16pleas of not guilty or not guilty by reason of insanity. This paragraph (b)

• Page 24, Line 17shall apply subsection (3)(b) applies to offenses committed on or after

• Page 24, Line 18July 1, 1995.

• Page 24, Line 19SECTION 17.  In Colorado Revised Statutes, 16-8-115, amend

• Page 24, Line 20(1)(b), (1)(c), (1.5), (2), (3)(b), (3)(c), (4)(a.5), (4)(f), (4)(g)(XXI), and

• Page 24, Line 21(4)(i)(I) as follows:

• Page 24, Line 2216-8-115.  Release from commitment after verdict of not guilty

• Page 24, Line 23by reason of insanity or not guilty by reason of impaired mental

• Page 24, Line 24condition - definitions. (1) (b)  Following the initial release hearing

• Page 24, Line 25pursuant to subsection (1)(a) of this section, the court may order a release

• Page 24, Line 26hearing at any time on its own motion, on motion of the prosecuting

• Page 24, Line 27attorney, or on motion of the defendant. The court shall order a release

• Page 25, Line 1hearing upon receipt of the report of the chief officer of the institution in

• Page 25, Line 2which hospital where the defendant is committed, or the chief

• Page 25, Line 3officer's designee, that the defendant no longer requires hospitalization,

• Page 25, Line 4as provided in section 16-8-116. Except for the initial release hearing,

• Page 25, Line 5unless the court for good cause shown permits, the defendant is not

• Page 25, Line 6entitled to a hearing within one year subsequent to a previous hearing.

• Page 25, Line 7(c)  Beginning September 1, 2022, the chief officer of the

• Page 25, Line 8institution in which hospital where the defendant is committed, or the

• Page 25, Line 9chief officer's designee, shall annually submit a release examination

• Page 25, Line 10report to the court certifying whether the defendant continues to meet the

• Page 25, Line 11criteria for ongoing inpatient hospitalization or meets the applicable test

• Page 25, Line 12for release pursuant to section 16-8-120. The report must be submitted

• Page 25, Line 13each year by the date on which the defendant was initially committed for

• Page 25, Line 14inpatient hospitalization unless another release examination is ordered

• Page 25, Line 15within the twelve months preceding such the date. The release

• Page 25, Line 16examination report must include the information required for a release

• Page 25, Line 17examination pursuant to subsection (2.5) of this section. The institution

• Page 25, Line 18hospital shall provide a copy of the report to the defendant, the

• Page 25, Line 19prosecuting attorney, and any other attorney of record. Upon receipt and

• Page 25, Line 20after review of the report, the court may order a release hearing on its

• Page 25, Line 21own motion, on motion of the prosecuting attorney, or on motion of the

• Page 25, Line 22defendant.

• Page 25, Line 23(1.5) (a)  Any victim of any crime or any member of such the

• Page 25, Line 24victim's immediate family, if the victim has died or is a minor, the

• Page 25, Line 25perpetrator of which has been found not guilty by reason of insanity or

• Page 25, Line 26not guilty by reason of impaired mental condition, shall be notified by the

• Page 25, Line 27court in a timely manner prior to any hearing for release of the perpetrator

• Page 26, Line 1held pursuant to subsection (1) of this section, if such the victim or

• Page 26, Line 2family member can reasonably be located. This paragraph (a) shall apply

• Page 26, Line 3only subsection (1.5)(a) applies to offenses committed before July 1,

• Page 26, Line 41995.

• Page 26, Line 5(b)  Any victim of any crime or any member of such the victim's

• Page 26, Line 6immediate family, if the victim has died or is a minor, the perpetrator of

• Page 26, Line 7which has been found not guilty by reason of insanity, shall be notified by

• Page 26, Line 8the court in a timely manner prior to any hearing for release of the

• Page 26, Line 9perpetrator held pursuant to subsection (1) of this section, if such the

• Page 26, Line 10victim or family member can reasonably be located. This paragraph (b)

• Page 26, Line 11shall apply subsection (1.5)(b) applies to offenses committed on or

• Page 26, Line 12after July 1, 1995.

• Page 26, Line 13(2) (a)  The court shall order a release examination of the

• Page 26, Line 14defendant when a current one has not already been furnished or when

• Page 26, Line 15either the prosecution or defense moves for an examination of the

• Page 26, Line 16defendant at a different institution hospital or by different experts. The

• Page 26, Line 17court may order any additional or supplemental examination,

• Page 26, Line 18investigation, or study that it the court deems necessary to a proper

• Page 26, Line 19consideration and determination of the question of eligibility for release.

• Page 26, Line 20The court shall set the matter for release hearing after it the court has

• Page 26, Line 21received all of the reports that it the court has ordered under pursuant

• Page 26, Line 22to this section. When none of said the reports indicates that the

• Page 26, Line 23defendant is eligible for release, the defendant's request for a release

• Page 26, Line 24hearing shall be denied by the court if the defendant is unable to show by

• Page 26, Line 25way of an offer of proof any evidence by a medical expert in mental

• Page 26, Line 26disorders that would indicate that the defendant is eligible for release. For

• Page 26, Line 27the purposes of this subsection (2), "medical expert in mental disorders"

• Page 27, Line 1means a physician licensed under the provisions of pursuant to article

• Page 27, Line 2240 of title 12, a psychologist licensed under the provisions of pursuant

• Page 27, Line 3to article 245 of title 12, a psychiatric technician licensed under the

• Page 27, Line 4provisions of pursuant to article 295 of title 12, a registered

• Page 27, Line 5professional nurse, as defined in section 12-255-104 (11), who by reason

• Page 27, Line 6of postgraduate education and additional nursing preparation has gained

• Page 27, Line 7knowledge, judgment, and skill in psychiatric or mental health nursing,

• Page 27, Line 8or a social worker licensed under the provisions of pursuant to part 4

• Page 27, Line 9of article 245 of title 12. The release hearing shall be to the court or, on

• Page 27, Line 10demand by the defendant, to a jury of not to exceed composed of not

• Page 27, Line 11more than six persons. At the release hearing, if any evidence of

• Page 27, Line 12insanity is introduced, the defendant has the burden of proving restoration

• Page 27, Line 13of sanity by a preponderance of the evidence; if any evidence of

• Page 27, Line 14ineligibility for release by reason of impaired mental condition is

• Page 27, Line 15introduced, the defendant has the burden of proving, by a preponderance

• Page 27, Line 16of the evidence, that the defendant is eligible for release by no longer

• Page 27, Line 17having an impaired mental condition. This subsection (2)(a) shall apply

• Page 27, Line 18only applies to offenses committed before July 1, 1995.

• Page 27, Line 19(b)  The court shall order a release examination of the defendant

• Page 27, Line 20when a current one has not already been furnished or when either the

• Page 27, Line 21prosecution or defense moves for an examination of the defendant at a

• Page 27, Line 22different institution hospital or by different experts. The court may order

• Page 27, Line 23any additional or supplemental examination, investigation, or study that

• Page 27, Line 24it the court deems necessary to a proper consideration and

• Page 27, Line 25determination of the question of eligibility for release. The court shall set

• Page 27, Line 26the matter for release hearing after it the court has received all of the

• Page 27, Line 27reports that it has the court ordered under pursuant to this section.

• Page 28, Line 1When none of the reports indicates that the defendant is eligible for

• Page 28, Line 2release, the court shall deny the defendant's request for a release

• Page 28, Line 3hearing shall be denied by the court if the defendant is unable to show by

• Page 28, Line 4way of an offer of proof any evidence by a medical expert in mental

• Page 28, Line 5disorders that would indicate that the defendant is eligible for release. For

• Page 28, Line 6the purposes of this subsection (2), "medical expert in mental disorders"

• Page 28, Line 7means a physician licensed under the provisions of pursuant to article

• Page 28, Line 8240 of title 12, a psychologist licensed under the provisions of pursuant

• Page 28, Line 9to article 245 of title 12, a psychiatric technician licensed under the

• Page 28, Line 10provisions of pursuant to article 295 of title 12, a registered

• Page 28, Line 11professional nurse as, defined in section 12-255-104 (11), who by reason

• Page 28, Line 12of postgraduate education and additional nursing preparation has gained

• Page 28, Line 13knowledge, judgment, and skill in psychiatric or mental health nursing,

• Page 28, Line 14or a social worker licensed under the provisions of pursuant to part 4

• Page 28, Line 15of article 245 of title 12. The release hearing shall be to the court or, on

• Page 28, Line 16demand by the defendant, to a jury composed of not more than six

• Page 28, Line 17persons. At the release hearing, if any evidence that the defendant does

• Page 28, Line 18not meet the release criteria is introduced, the defendant has the burden

• Page 28, Line 19of proving by a preponderance of the evidence that the defendant has no

• Page 28, Line 20does not have an abnormal mental condition that would be likely to

• Page 28, Line 21cause the defendant to be dangerous either to himself or herself the

• Page 28, Line 22defendant's self or to others or to the community in the reasonably

• Page 28, Line 23foreseeable future. This subsection (2)(b) shall apply applies to offenses

• Page 28, Line 24committed on or after July 1, 1995.

• Page 28, Line 25(3) (b)  When a defendant is conditionally released, the chief

• Page 28, Line 26officer of the institution in which hospital where the defendant is

• Page 28, Line 27committed, or the chief officer's designee, shall forthwith give written

• Page 29, Line 1notice of the terms and conditions of such the release to the executive

• Page 29, Line 2director of the department of human services and to the director of any

• Page 29, Line 3behavioral health safety net provider that may be charged with the

• Page 29, Line 4defendant's continued treatment. of the defendant. The director of such

• Page 29, Line 5the behavioral health safety net provider shall make written reports every

• Page 29, Line 6three months to the executive director of the department of human

• Page 29, Line 7services and to the district attorney for the judicial district where the

• Page 29, Line 8defendant was committed and to the district attorney for any judicial

• Page 29, Line 9district where the defendant may be required to receive treatment

• Page 29, Line 10concerning the defendant's treatment and status. of the defendant. Such

• Page 29, Line 11The reports shall must include all known violations of the terms and

• Page 29, Line 12conditions of the defendant's release and any changes in the defendant's

• Page 29, Line 13mental status that would indicate that the defendant has become ineligible

• Page 29, Line 14to remain on conditional release. as defined in section 16-8-102 (4.5).

• Page 29, Line 15(c)  A defendant who has been conditionally released remains

• Page 29, Line 16under the supervision of the department of human services until the

• Page 29, Line 17committing court enters a final order of unconditional release. When a

• Page 29, Line 18defendant fails to comply with any conditions of his the defendant's

• Page 29, Line 19release requiring him the defendant to establish, maintain, and reside

• Page 29, Line 20at a specific residence and his the defendant's whereabouts have

• Page 29, Line 21therefore become unknown to the authorities charged with his the

• Page 29, Line 22defendant's supervision or when the defendant leaves the state of

• Page 29, Line 23Colorado without the consent of the committing court, the defendant's

• Page 29, Line 24absence from supervision shall constitute constitutes unauthorized

• Page 29, Line 25absence, as defined in section 18-8-208.2. Such offense occurs in the

• Page 29, Line 26county in which the defendant is authorized to reside.

• Page 29, Line 27(4) (a.5)  In addition to any terms and conditions of release

• Page 30, Line 1imposed pursuant to subsection (3) of this section, a court may order a

• Page 30, Line 2defendant, as a condition of release, to register with the local law

• Page 30, Line 3enforcement agency of the jurisdiction in which the defendant resides if

• Page 30, Line 4the court finds that the chief officer of the institution in which hospital

• Page 30, Line 5where the defendant has been committed, or the chief officer's

• Page 30, Line 6designee, recommends registration based on information obtained from

• Page 30, Line 7the defendant during the course of treatment that indicates the defendant

• Page 30, Line 8has committed an offense involving unlawful sexual behavior.

• Page 30, Line 9(f)  The local law enforcement agency shall transmit any

• Page 30, Line 10registrations received pursuant to paragraph (e) of this subsection (4)

• Page 30, Line 11subsection (4)(e) of this section to the Colorado bureau of

• Page 30, Line 12investigation within three business days following receipt of the

• Page 30, Line 13registration. The Colorado bureau of investigation shall include any

• Page 30, Line 14registration information received pursuant to this section in the central

• Page 30, Line 15registry established pursuant to section 16-22-110 and shall specify that

• Page 30, Line 16the information applies to a defendant required to register as a condition

• Page 30, Line 17of release pursuant to this section. The forms completed by defendants a

• Page 30, Line 18defendant required to register as a condition of release pursuant to this

• Page 30, Line 19subsection (4) shall be are confidential and shall must not be open to

• Page 30, Line 20inspection except as provided in paragraph (e) of subsection (3)

• Page 30, Line 21subsection (3)(e) of this section and except as provided for release of

• Page 30, Line 22information to the public pursuant to sections 16-22-110 (6) and

• Page 30, Line 2316-22-112.

• Page 30, Line 24(g)  As used in this subsection (4), "an offense involving unlawful

• Page 30, Line 25sexual behavior" means any of the following offenses:

• Page 30, Line 26(XXI)  Criminal attempt, conspiracy, or solicitation to commit any

• Page 30, Line 27of the offenses specified in this paragraph (g) subsection (4)(g).

• Page 31, Line 1(i) (I)  Any defendant required to register as a condition of release

• Page 31, Line 2pursuant to this subsection (4), upon completion of a period of not less

• Page 31, Line 3than twenty years from the date the defendant is placed on conditional

• Page 31, Line 4release, may petition the district court for an order that discontinues the

• Page 31, Line 5requirement for such registration and removes the defendant's name from

• Page 31, Line 6the central registry established pursuant to section 16-22-110. The court

• Page 31, Line 7may issue such an order only if the court makes written findings of fact

• Page 31, Line 8that the defendant has neither been convicted nor found not guilty by

• Page 31, Line 9reason of insanity of an offense involving unlawful sexual behavior

• Page 31, Line 10subsequent to his or her the defendant's conditional release and that the

• Page 31, Line 11defendant would not pose an undue threat to the community if allowed to

• Page 31, Line 12live in the community without registration.

• Page 31, Line 13SECTION 18.  In Colorado Revised Statutes, 16-8-115.5, amend

• Page 31, Line 14(3), (4), (5), (6)(a), (6)(b), and (8) as follows:

• Page 31, Line 1516-8-115.5.  Enforcement and revocation of conditional release

• Page 31, Line 16from commitment. (3)  Whenever the superintendent of the Colorado

• Page 31, Line 17mental health institute at Pueblo director of forensic services in the

• Page 31, Line 18department of human services, or the director's designee, has

• Page 31, Line 19probable cause to believe that such the defendant has become ineligible

• Page 31, Line 20to remain on conditional release, as defined in section 16-8-102 (4.5), said

• Page 31, Line 21superintendent the director, or the director's designee, shall notify

• Page 31, Line 22the district attorney for the judicial district where the defendant was

• Page 31, Line 23committed. The superintendent director, or the director's designee,

• Page 31, Line 24or the district attorney shall apply for a warrant to be directed to the

• Page 31, Line 25sheriff or a peace officer in the jurisdiction in which where the defendant

• Page 31, Line 26resides or may be found, commanding such the sheriff or peace officer

• Page 31, Line 27to take custody of the defendant. The application shall must include the

• Page 32, Line 1order conditionally releasing the defendant pursuant to section 16-8-115

• Page 32, Line 2(3) and supporting documentation showing that the defendant has

• Page 32, Line 3become ineligible to remain on conditional release. as defined in section

• Page 32, Line 416-8-102 (4.5). The committing court and the district court for the tenth

• Page 32, Line 5judicial district are authorized to issue such a warrant pursuant to the

• Page 32, Line 6provisions of section 16-1-106. The superintendent director, or the

• Page 32, Line 7director's designee, shall mail a copy of the application to the

• Page 32, Line 8committing court and the district attorney in the committing jurisdiction.

• Page 32, Line 9(4)  The sheriff or peace officer to whom the warrant is directed

• Page 32, Line 10pursuant to subsection (3) of this section shall take all necessary legal

• Page 32, Line 11action to take custody of the defendant. A sheriff shall deliver the

• Page 32, Line 12defendant immediately to the Colorado mental health institute at Pueblo,

• Page 32, Line 13which hospital where the defendant was committed, and the

• Page 32, Line 14hospital shall provide care and security for the defendant. If any other

• Page 32, Line 15peace officer takes custody of the defendant, such the peace officer shall

• Page 32, Line 16deliver the defendant to the custody of the sheriff of the jurisdiction in

• Page 32, Line 17which where the defendant was found, and such the sheriff shall comply

• Page 32, Line 18with the provisions of this subsection (4).

• Page 32, Line 19(5)  The Colorado mental health institute at Pueblo hospital

• Page 32, Line 20where the defendant was committed shall examine the defendant to

• Page 32, Line 21evaluate the defendant's ability to remain on conditional release. The

• Page 32, Line 22examination shall must be consistent with the procedure provided in

• Page 32, Line 23section 16-8-106. If the defendant refuses to submit to and cooperate with

• Page 32, Line 24the examination, the committing court shall revoke the conditional

• Page 32, Line 25release. The examination shall must be completed within twenty-one

• Page 32, Line 26days after the defendant has been delivered to the institute hospital as

• Page 32, Line 27a result of the defendant's arrest. The institute hospital shall mail or

• Page 33, Line 1deliver a written report of the examination to the committing court and

• Page 33, Line 2the district attorney in the committing jurisdiction promptly after the

• Page 33, Line 3examination is completed. The defendant may request an examination as

• Page 33, Line 4provided in section 16-8-108.

• Page 33, Line 5(6) (a)  The district attorney for the judicial district where the

• Page 33, Line 6defendant was committed may file in the committing court a petition for

• Page 33, Line 7the revocation of the defendant's conditional release. The petition shall

• Page 33, Line 8must set forth the name of the defendant, an allegation that the defendant

• Page 33, Line 9has become ineligible to remain on conditional release, as defined in

• Page 33, Line 10section 16-8-102 (4.5), and the substance of the evidence sustaining the

• Page 33, Line 11allegation.

• Page 33, Line 12(b)  If the district attorney for the committing judicial district does

• Page 33, Line 13not file a petition for revocation, as provided in paragraph (a) of this

• Page 33, Line 14subsection (6) subsection (6)(a) of this section, within ten days after

• Page 33, Line 15the defendant is delivered to the Colorado mental health institute at

• Page 33, Line 16Pueblo hospital where the defendant was committed, the defendant

• Page 33, Line 17shall must be immediately released from custody; except that, upon a

• Page 33, Line 18showing of good cause by the district attorney, the court may grant a

• Page 33, Line 19reasonable extension of time to file the petition for revocation.

• Page 33, Line 20(8)  Within thirty-five days after the defendant is delivered to the

• Page 33, Line 21Colorado mental health institute in Pueblo hospital where the

• Page 33, Line 22defendant was committed pursuant to subsection (4) of this section,

• Page 33, Line 23and if the defendant is not released from custody pursuant to paragraph

• Page 33, Line 24(b) of subsection (6) subsection (6)(b) of this section, the committing

• Page 33, Line 25court shall hold a hearing on the petition for revocation of conditional

• Page 33, Line 26release. At such the hearing, any evidence having probative value shall

• Page 33, Line 27be is admissible, but the defendant shall be is permitted to offer testimony

• Page 34, Line 1and to call, confront, and cross-examine witnesses. If the court finds by

• Page 34, Line 2a preponderance of the evidence that the defendant has become ineligible

• Page 34, Line 3to remain on conditional release, as defined in section 16-8-102 (4.5), it

• Page 34, Line 4shall the court must enter an order revoking the defendant's conditional

• Page 34, Line 5release and recommitting the defendant. At any time thereafter, the

• Page 34, Line 6defendant may be afforded a release hearing as provided in section

• Page 34, Line 716-8-115. If the court does not find by a preponderance of the evidence

• Page 34, Line 8that the defendant has become ineligible to remain on conditional release,

• Page 34, Line 9as defined in section 16-8-102 (4.5), it the court shall dismiss the

• Page 34, Line 10petition and reinstate or modify the original order of conditional release.

• Page 34, Line 11SECTION 19.  In Colorado Revised Statutes, amend 16-8-116 as

• Page 34, Line 12follows:

• Page 34, Line 1316-8-116.  Release by department of human services authority.

• Page 34, Line 14(1)  After a finding of not guilty by reason of insanity, when the

• Page 34, Line 15chief officer of the institution in which hospital where a defendant has

• Page 34, Line 16been committed, after a finding of not guilty by reason of insanity or the

• Page 34, Line 17chief officer's designee, or the director of forensic services in

• Page 34, Line 18the department of human services, or the director's designee,

• Page 34, Line 19who has been supervising the defendant's conditional release,

• Page 34, Line 20determines that the defendant no longer requires hospitalization or

• Page 34, Line 21supervision because he the defendant no longer suffers from a mental

• Page 34, Line 22disease or defect which that is likely to cause him the defendant to be

• Page 34, Line 23dangerous to himself a danger to the defendant's self, to others, or

• Page 34, Line 24to the community in the reasonably foreseeable future, such the chief

• Page 34, Line 25officer or the chief officer's designee, or the director or the

• Page 34, Line 26director's designee, shall report this the determination to the court that

• Page 34, Line 27committed the defendant and the prosecuting attorney, including in the

• Page 35, Line 1report a report of examination equivalent to a release examination. The

• Page 35, Line 2clerk of the court shall forthwith furnish a copy of the report to counsel

• Page 35, Line 3for the defendant.

• Page 35, Line 4(2)  Within thirty-five days after receiving the report of the chief

• Page 35, Line 5officer of the institution having custody of the defendant or the chief

• Page 35, Line 6officer's designee, or the director or the director's designee, the

• Page 35, Line 7court shall set a hearing on the discharge of the defendant in accordance

• Page 35, Line 8with section 16-8-115, whether or not such the report is contested.

• Page 35, Line 9(3)  Repealed.

• Page 35, Line 10SECTION 20.  In Colorado Revised Statutes, amend 16-8-117 as

• Page 35, Line 11follows:

• Page 35, Line 1216-8-117.  Advisement on matters to be determined. When a

• Page 35, Line 13determination is to be made as to a defendant's eligibility for release, the

• Page 35, Line 14court shall explain to the defendant the nature and consequences of the

• Page 35, Line 15proceeding and the rights of the defendant under pursuant to this

• Page 35, Line 16section, including his or her the defendant's right to a jury trial upon

• Page 35, Line 17the question of eligibility for release. The defendant, if he or she the

• Page 35, Line 18defendant wishes to contest the question, may request a hearing which

• Page 35, Line 19shall then that must be granted as a matter of right. At the hearing, the

• Page 35, Line 20defendant and the prosecuting attorney are entitled to be present in

• Page 35, Line 21person, to examine any reports of examination or other matter to be

• Page 35, Line 22considered by the court as bearing upon the determination, to introduce

• Page 35, Line 23evidence, summon witnesses, cross-examine witnesses for the other side

• Page 35, Line 24or the court, and to make opening and closing statements and argument.

• Page 35, Line 25The court may examine or cross-examine any witness called by the

• Page 35, Line 26defendant or prosecuting attorney and may summon and examine

• Page 35, Line 27witnesses on its own motion.

• Page 36, Line 1SECTION 21.  In Colorado Revised Statutes, 16-8-118, amend

• Page 36, Line 2(1), (1.5), (2)(a.5), and (2)(b) as follows:

• Page 36, Line 316-8-118.  Temporary removal for treatment and

• Page 36, Line 4rehabilitation. (1)  The chief officer of the institution in which where

• Page 36, Line 5a defendant has been committed under this article article 8 or article 8.5

• Page 36, Line 6of this title title 16, or the chief officer's designee, may authorize

• Page 36, Line 7treatment and rehabilitation activities involving temporary physical

• Page 36, Line 8removal of such person the defendant from the institution in which

• Page 36, Line 9where the defendant has been placed, if prior to such the authorization

• Page 36, Line 10the following procedures are carried out:

• Page 36, Line 11(a)  Such The chief officer, or the chief officer's designee,

• Page 36, Line 12shall give written notice by certified mail, with return receipt requested,

• Page 36, Line 13to the committing court and the district attorney that on or after thirty-five

• Page 36, Line 14days from the date of mailing such the notice, he or she the chief

• Page 36, Line 15officer, or the chief officer's designee, will authorize treatment and

• Page 36, Line 16rehabilitation activities involving temporary physical removal of the

• Page 36, Line 17defendant from the institution, unless written objections to such the

• Page 36, Line 18authorization are received by him or her the chief officer, or the chief

• Page 36, Line 19officer's designee, within thirty-five days from the date of mailing such

• Page 36, Line 20the notice.

• Page 36, Line 21(b)  The clerk of the committing court shall deliver a copy of the

• Page 36, Line 22notice mentioned in paragraph (a) of this subsection (1) described in

• Page 36, Line 23subsection (1)(a) of this section to the attorney of record for the

• Page 36, Line 24defendant. The district attorney or the attorney of record for the defendant

• Page 36, Line 25may file objections with the clerk of the committing court to the proposed

• Page 36, Line 26action of the chief officer of the institution in which such where the

• Page 36, Line 27defendant is held, or the chief officer's designee. The party making

• Page 37, Line 1the objections shall deliver a copy of any such the objections, shall

• Page 37, Line 2be delivered by the party making such objections, either by mail or by

• Page 37, Line 3personal service, to such the chief officer, or the chief officer's

• Page 37, Line 4designee, prior to the expiration of thirty-five days from the mailing of

• Page 37, Line 5the notice by the chief officer of the institution, or the chief officer's

• Page 37, Line 6designee.

• Page 37, Line 7(c)  In the event that objections are filed and served as provided in

• Page 37, Line 8paragraphs (a) and (b) of this subsection (1) subsections (1)(a) and

• Page 37, Line 9(1)(b) of this section, the committing court shall fix a time for a hearing

• Page 37, Line 10upon the objections, and no removal of the defendant from the institution

• Page 37, Line 11in which he where the defendant is held shall be is authorized unless

• Page 37, Line 12and until approval thereof is given by the committing court following

• Page 37, Line 13such the hearing.

• Page 37, Line 14(1.5)  The chief officer of the institution, or the chief officer's

• Page 37, Line 15designee, is authorized to allow a defendant, without court authorization

• Page 37, Line 16as set forth described in subsection (1) of this section, to leave the

• Page 37, Line 17physical premises of the treatment or habilitation facility for needed

• Page 37, Line 18medical treatment at a hospital, clinic, or other health-care facility, so

• Page 37, Line 19long as the defendant is accompanied by staff from the facility.

• Page 37, Line 20(2) (a.5)  A court may order any defendant who receives treatment

• Page 37, Line 21and rehabilitation activities involving temporary physical removal of the

• Page 37, Line 22defendant from the institution to register with the local law enforcement

• Page 37, Line 23agency of the jurisdiction in which where the defendant resides if the

• Page 37, Line 24court finds that the chief officer of the institution in which where the

• Page 37, Line 25defendant has been committed, or the chief officer's designee,

• Page 37, Line 26recommends registration based on information obtained from the

• Page 37, Line 27defendant during the course of treatment that indicates the defendant has

• Page 38, Line 1committed an offense involving unlawful sexual behavior.

• Page 38, Line 2(b)  Prior to temporary physical removal from the institution of any

• Page 38, Line 3defendant who is required to register pursuant to this subsection (2), the

• Page 38, Line 4department of human services shall obtain from the defendant the address

• Page 38, Line 5at which where the defendant plans to reside and the department shall

• Page 38, Line 6notify the local law enforcement agency of the jurisdiction in which

• Page 38, Line 7where the defendant plans to reside and the Colorado bureau of

• Page 38, Line 8investigation as provided in section 16-8-115 (4)(c).

• Page 38, Line 9SECTION 22.  In Colorado Revised Statutes, amend 16-8-119 as

• Page 38, Line 10follows:

• Page 38, Line 1116-8-119.  Counsel and physicians for indigent defendants. In

• Page 38, Line 12all proceedings under this article brought pursuant to this article 8,

• Page 38, Line 13upon motion of the defendant and proof that he the defendant is

• Page 38, Line 14indigent and without funds to employ physicians, psychologists, or

• Page 38, Line 15attorneys to which he the defendant is entitled under this article

• Page 38, Line 16article 8, the court shall appoint such the physicians, psychologists, or

• Page 38, Line 17attorneys for him the defendant at state expense.

• Page 38, Line 18SECTION 23.  In Colorado Revised Statutes, amend 16-8-120 as

• Page 38, Line 19follows:

• Page 38, Line 2016-8-120.  Applicable tests for release. (1)  As to any person

• Page 38, Line 21charged with any crime allegedly committed on or after June 2, 1965, the

• Page 38, Line 22test for determination of a defendant's sanity for release from

• Page 38, Line 23commitment, or his the defendant's eligibility for conditional release,

• Page 38, Line 24shall be is: "That the defendant has no abnormal mental condition which

• Page 38, Line 25would be likely to cause him the defendant to be dangerous either to

• Page 38, Line 26himself the defendant's self or to others or to the community in the

• Page 38, Line 27reasonably foreseeable future".

• Page 39, Line 1(2)  As to any person charged with any crime allegedly committed

• Page 39, Line 2prior to June 2, 1965, the test for determination of a defendant's sanity for

• Page 39, Line 3release from commitment, or his the defendant's eligibility for

• Page 39, Line 4conditional release, shall be is the test provided by law at the time of the

• Page 39, Line 5alleged crime to determine the sanity or insanity of such the defendant.

• Page 39, Line 6(3)  As to any person charged with any crime allegedly committed

• Page 39, Line 7on or after July 1, 1983, the test for determination of a defendant's sanity

• Page 39, Line 8for release from commitment, or his the defendant's eligibility for

• Page 39, Line 9conditional release, shall be is: "That the defendant has no abnormal

• Page 39, Line 10mental condition which that would be likely to cause him the

• Page 39, Line 11defendant to be dangerous either to himself the defendant's self or

• Page 39, Line 12others or to the community in the reasonably foreseeable future, and is

• Page 39, Line 13capable of distinguishing right from wrong and has substantial capacity

• Page 39, Line 14to conform his the defendant's conduct to requirements of law".

• Page 39, Line 15(4)  As to any person charged with any crime allegedly committed

• Page 39, Line 16on or after July 1, 1983, but before July 1, 1995, resulting in commitment

• Page 39, Line 17by reason of impaired mental condition, the test for determination of a

• Page 39, Line 18defendant's mental condition for release from commitment, or a

• Page 39, Line 19defendant's eligibility for conditional release, shall be is: "That the

• Page 39, Line 20defendant has no abnormal mental condition which that would be likely

• Page 39, Line 21to cause the defendant to be dangerous either to himself or herself the

• Page 39, Line 22defendant's self or to others or to the community in the reasonably

• Page 39, Line 23foreseeable future".

• Page 39, Line 24SECTION 24.  In Colorado Revised Statutes, amend 16-8-121 as

• Page 39, Line 25follows:

• Page 39, Line 2616-8-121.  Escape - return to institution. (1)  If any defendant,

• Page 39, Line 27confined in an institution for the care and treatment of persons with

• Page 40, Line 1behavioral or mental health disorders or intellectual and developmental

• Page 40, Line 2disabilities under the supervision of the executive director of the

• Page 40, Line 3department of human services, escapes from such the institution, it is the

• Page 40, Line 4duty of the chief officer to apply forthwith to the district court for the

• Page 40, Line 5county in which the hospital or institution is located for a warrant of

• Page 40, Line 6arrest directed to the sheriff of the county, commanding him or her the

• Page 40, Line 7sheriff forthwith to take all necessary legal action to effect the arrest of

• Page 40, Line 8the defendant and to return him or her the defendant promptly to the

• Page 40, Line 9institution. The fact of an escape becomes a part of the official record of

• Page 40, Line 10a defendant and must be certified to the committing court as part of the

• Page 40, Line 11record in any proceeding to determine whether the defendant is eligible

• Page 40, Line 12for release from commitment or eligible for conditional release.

• Page 40, Line 13(2)  If any defendant committed to the custody of the executive

• Page 40, Line 14director of the department of human services and placed in an institution

• Page 40, Line 15under his or her the executive director's supervision has escaped from

• Page 40, Line 16an institution for the care and treatment of persons with behavioral,

• Page 40, Line 17mental health, or substance use disorders in another state, the chief officer

• Page 40, Line 18is authorized to return the defendant to the institution from which he or

• Page 40, Line 19she the defendant escaped. The chief officer is further authorized to

• Page 40, Line 20effect the return at the expense of the state of Colorado and under such

• Page 40, Line 21terms and conditions as the chief officer deems suitable.

• Page 40, Line 22SECTION 25.  In Colorado Revised Statutes, 18-1-803, amend

• Page 40, Line 23(1) as follows:

• Page 40, Line 2418-1-803.  Impaired mental condition. (1)  Evidence of an

• Page 40, Line 25impaired mental condition, as defined in section 16-8-102 (2.7), C.R.S.

• Page 40, Line 26(4), though not legal insanity may be offered in a proper case as bearing

• Page 40, Line 27upon the capacity of the accused to form the culpable mental state which

• Page 41, Line 1is an element of the offense charged.

• Page 41, Line 2SECTION 26.  In Colorado Revised Statutes, 25.5-10-237,

• Page 41, Line 3amend (1) as follows:

• Page 41, Line 425.5-10-237.  Terminology. (1)  Whenever the terms "insane",

• Page 41, Line 5"insanity", "mentally or mental incompetent", "mental incompetency", or

• Page 41, Line 6"of unsound mind" are used in the laws of the state of Colorado, they

• Page 41, Line 7shall be deemed to refer to the insane, as defined in section 16-8-101,

• Page 41, Line 8C.R.S. sections 16-8-101 and 16-8-101.5, or to a person with an

• Page 41, Line 9intellectual and developmental disability, as defined in section

• Page 41, Line 1025.5-10-202, as the context of the particular law requires.

• Page 41, Line 11SECTION 27.  In Colorado Revised Statutes, 27-65-127, amend

• Page 41, Line 12(1)(a) as follows:

• Page 41, Line 1327-65-127.  Imposition of legal disability - deprivation of legal

• Page 41, Line 14right - restoration - repeal. (1) (a)  When an interested person wishes to

• Page 41, Line 15obtain a determination as to the imposition of a legal disability or the

• Page 41, Line 16deprivation of a legal right for a person who has a mental health disorder

• Page 41, Line 17and who is a danger to the person's self or others, is gravely disabled, or

• Page 41, Line 18is insane, as defined in section 16-8-101 sections 16-8-101 and

• Page 41, Line 1916-8-101.5, and who is not then subject to proceedings pursuant to this

• Page 41, Line 20article 65 or part 3 or part 4 of article 14 of title 15, the interested person

• Page 41, Line 21may petition the court for a specific finding as to the legal disability or

• Page 41, Line 22deprivation of a legal right. Actions commenced pursuant to this

• Page 41, Line 23subsection (1) may include but are not limited to actions to determine

• Page 41, Line 24contractual rights and rights with regard to the operation of motor

• Page 41, Line 25vehicles.

• Page 41, Line 26SECTION 28.  Act subject to petition - effective date. This act

• Page 41, Line 27takes effect at 12:01 a.m. on the day following the expiration of the

• Page 42, Line 1ninety-day period after final adjournment of the general assembly; except

• Page 42, Line 2that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 42, Line 3of the state constitution against this act or an item, section, or part of this

• Page 42, Line 4act within such period, then the act, item, section, or part will not take

• Page 42, Line 5effect unless approved by the people at the general election to be held in

• Page 42, Line 6November 2026 and, in such case, will take effect on the date of the

• Page 42, Line 7official declaration of the vote thereon by the governor.