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April 30, 2022 HB 22-1386
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated April 22, 2022)
Drafting Number:
Prime Sponsors:
LLS 22-1024
Rep. Amabile; Soper
Sen. Hansen; Gardner
Date:
Bill Status:
Fiscal Analyst:
April 30, 2022
Senate 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 also requires funding for inpatient beds and a feasibility study related
to facility renovation. It will increase state expenditures and may impact local
government workload beginning in FY 2022-23.
Appropriation
Summary:
For FY 2022-23, the bill includes an appropriation of $29.4 million to the Department
of Human Services.
Fiscal Note
Status:
The revised fiscal note reflects the reengrossed bill.
Table 1
State Fiscal Impacts Under HB 22-1386
Budget Year
FY 2022-23
Out Year
FY 2023-24
Revenue
- -
Expenditures Cash Funds $29,362,828 -
Transfers - -
Other Budget Impacts - -
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April 30, 2022 HB 22-1386
Summary of Legislation
The bill makes clarifications and modifications to competency evaluations and proceedings. It also
appropriates $29.4 million from the Economic Recovery and Relief Cash Fund to contract for
additional inpatient beds as well as a feasibility study related to a potential inpatient bed facility.
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
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.
Funding. From the Economic Recovery and Relief Cash Fund, the bill appropriates $28.6 million to
the CDHS to contract for inpatient beds for competency services or mental health care and treatment,
which is further appropriated in FY 2023-24. It also appropriates $800,000 to contract for a feasibility
study of renovating a hospital facility in Adams County to provide inpatient beds for competency
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April 30, 2022 HB 22-1386
State Expenditures
Department of Human Services. The CDHS will utilize $29.4 million to contract for beds around the
state and for a feasibility study. The department has existing bed contracts in place, with a daily rate
ranging from $950 to $1000. It is assumed that the funding in the bill will provide for approximately
90 beds in FY 2022-23 through contracts with providers.
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 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.
State Appropriations
For FY 2022-23, the bill includes an appropriation of $29,362,828 to the CDHS from the Economic
Recovery and Relief Cash Fund, including $28,562,828 for contract beds and $800,000 for a feasibility
study. Any portion of the $28.6 million that is unexpended in FY 2022-23 is further appropriated to
the CDHS in FY 2023-24.
State and Local Government Contacts
Counties 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.