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April 22, 2022 HB 22-1386
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-1024
Rep. Amabile; Soper
Sen. Hansen; Gardner
Date:
Bill Status:
Fiscal Analyst:
April 22, 2022
House Judiciary
Erin Reynolds | 303-866-4146
Erin.Reynolds@state.co.us
Bill Topic: COMPETENCY TO PROCEED & RESTORATION TO COMPETENCY
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill clarifies and modifies state laws regarding competency evaluations and
proceedings. It will impact state and local government workloads beginning in
FY 2022-23.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Summary of Legislation
The bill makes clarifications and modifications to competency evaluations and proceedings.
Availability of second evaluations. Under current law, in a dispute over a defendant's competency,
a party may request a second evaluation. The bill requires that if a second evaluation is completed
and restoration is ordered, the court must make the second evaluation available to the Department of
Human Services (CDHS).
Court-ordered inpatient competency evaluations. The bill permits the court to order a defendant to
be placed in the CDHS’s custody for the time necessary to conduct an inpatient competency evaluation
if the court finds the department’s initial competency evaluation and report to be insufficient in
meeting statutory requirements.
Procedures after competency determination. For a defendant whose highest charge is a
misdemeanor, with some exceptions, the bill requires the court to order outpatient restoration services
and grant the defendant a personal recognizance bond, unless the defendant meets certification
criteria or the court finds by clear and convincing evidence that extraordinary circumstances exist that
make release inappropriate and that inpatient restoration services are appropriate. If the defendant
is in custody and the court’s recommendation is that inpatient restoration services are not clinically Page 2
April 22, 2022 HB 22-1386
appropriate to restore the defendant to competency, the bill directs the court to consider releasing the
defendant on bond. The bill limits outpatient restoration services to a defendant or juvenile who is a
Colorado resident and requires the services be provided in Colorado. The bill also eliminates the
requirement for an opinion on whether there is a substantial probability that the defendant will be
restored to competency and remain competent with the use of medication or not remain competent
without the use of forced medication.
Court competency reviews. After the court has conducted at least four competency reviews, the bill
requires the court to conduct a competency review every 91 days, increased from 63 days in current
law. The bill requires the court to dismiss the defendant's case if there is not a substantial probability
that the defendant will be restored to competency in the reasonably foreseeable future.
Juveniles. Under current law, when a court determines that an adult defendant is incompetent to
proceed and orders the defendant to undergo restoration treatment, any claim of privilege or
confidentiality by the defendant is deemed waived. The bill creates the same waiver for a juvenile
defendant who is determined to be incompetent to proceed and is ordered to undergo restoration
treatment. A court may order a restoration progress review hearing for a juvenile defendant at any
time on the motion of any party or the court. The bill requires that when a court orders a restoration
to competency evaluation for a juvenile that the evaluation be completed by the department.
State Expenditures
Department of Human Services. The fiscal note anticipates that the CDHS can manage any additional
inpatient competency evaluations and outpatient treatment services within its current budget
utilizing existing contracts. The bill will not result in a change to any of CDHS's formal policies;
however, workload will increase for the Office of Behavioral Health's Division of Forensics Services
to ensure procedural alignment with the Judicial Department.
Judicial Department. The fiscal note anticipates that the Judicial Department can manage the bill’s
procedural changes within existing appropriations. Any workload impact to the independent
agencies of the Judicial Department, including the Office of the State Public Defender, the Office of
Alternative Defense Counsel, and the Office of the Child’s Representative, is similarly expected to be
accomplished within existing appropriations.
Local Government
The impact on county jails is expected to be neutral. If inpatient evaluation placement availability is
unavailable, the bill may increase the amount of time defendants remain in jail. Conversely, the bill
may result in defendants released on bond or to outpatient care, decreasing time spent in jail.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
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April 22, 2022 HB 22-1386
State and Local Government Contacts
Human Services Information Technology
Judicial Law
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.