First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 23-0179.02 Jane Ritter x4342
HOUSE BILL 23-1138
House Committees Senate Committees
Judiciary
Appropriations
A BILL FOR AN ACT
C
ONCERNING PROCEDURES RELATED TO ADULT COMPETENCY101
PROCEEDINGS.102
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
.)
The bill removes the requirement that if a defendant is in jail or an
inpatient setting, a finding that the defendant is an imminent danger to the
defendant's self or others is required for the competency evaluation and
report. If the competency evaluation determines that the defendant meets
the criteria for civil certification and inpatient services, the behavioral
health administration (BHA) shall, directly or through a contract, provide
HOUSE
3rd Reading Unamended
April 21, 2023
HOUSE
Amended 2nd Reading
April 18, 2023
HOUSE SPONSORSHIP
Amabile and Soper, Bacon, Bird, Boesenecker, Brown, deGruy Kennedy, Dickson, Epps,
Froelich, Gonzales-Gutierrez, Herod, Lieder, Lindsay, Mabrey, McCluskie, McCormick,
McLachlan, Michaelson Jenet, Ricks, Sirota, Snyder, Story, Weissman, Young
SENATE SPONSORSHIP
Rodriguez,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. care coordination services for the defendant. If the court orders, as a
condition of bond, that restoration to competency take place on an
outpatient basis, the department of human services is responsible for the
oversight of restoration education and coordination of services.
Under specific conditions, the bill allows that upon petition of the
district attorney, a professional person, a representative of the BHA, a
representative of the office of civil and forensic mental health, or other
responsible person (responsible party), a court may certify a respondent
for short-term treatment in the custody of the BHA for not more than 3
months without requiring an emergency 72-hour hold. A court shall not
accept a petition for certification for short-term treatment unless the
respondent has a documented refusal to certified treatment.
Upon filing of the petition, the court shall immediately appoint an
attorney to represent the respondent. The respondent's attorney may
request a jury trial within 14 days after receipt of the petition. The
respondent has the right to an attorney for all proceedings conducted
related to the respondent's competency and certification for treatment and
services.
The respondent may, at any time, file a written request to contest
the petition, in which case the court shall set the hearing no later than 14
days after the petition was filed. If, after hearing all of the relevant
evidence, the court finds grounds for certification have been established
by clear and convincing evidence and that the BHA is able to provide
adequate and appropriate treatment for the respondent that will likely be
beneficial to the respondent's recovery, the court shall commit the
respondent to the BHA's custody.
The act takes effect January 1, 2024.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 16-8.5-105, amend2
(4) and (5)(h) as follows:3
16-8.5-105. Evaluations, locations, time frames, and report.4
(4) A written report of the evaluation shall
MUST be prepared in triplicate5
and delivered to the clerk of the court that ordered it. The clerk shall6
provide a copy of the report both to the prosecuting attorney and the7
counsel for the defendant. T
HE DEPARTMENT MAY UTILIZE THE E -FILING8
SYSTEM TO DELIVER THE REPORT TO THE COURT AND SERVE IT UPON THE9
PARTIES. WITHOUT REDUCING ANY OTHER TIMELINES SET FORTH IN THIS10
1138-2- ARTICLE 8.5, THE COMPETENCY EVALUATOR SHALL PROVIDE THE WRITTEN1
REPORT TO THE COURT WITHIN FOURTEEN DAYS AFTER FINISHING MEETING2
OR ATTEMPTING TO MEET WITH TH E RESPONDENT TO EVALUATE THE3
RESPONDENT'S COMPETENCY.4
(5) On and after July 1, 2020, the competency evaluation and5
report must include, but need not be limited to:6
(h) The competency evaluator's opinion
AND THE INFORMATION7
AND FACTORS CONSIDERED IN MAKING DETERMINATIONS as to whether the8
defendant: meets the criteria for certification pursuant to article 65 of title
9
27 or whether the defendant is eligible for services pursuant to article 1010
of title 25.5 or article 10.5 of title 27, including the factors considered in11
making either determination.12
(I) M
EETS THE CRITERIA FOR AN EMERGENCY MENTAL HEALTH13
HOLD PURSUANT TO SECTION 27-65-106;14
(II) M
EETS THE CRITERIA FOR A CERTIFICATION FOR SHORT-TERM15
TREATMENT PURSUANT TO SECTION 27-65-108.5 OR 27-65-109 AND, IF THE16
DEFENDANT MEETS SUCH CRITERIA , WHETHER THE EVALUATOR BELIEVES17
THE DEFENDANT COULD BE TREATED ON AN OUTPATIENT BASIS PURSUANT18
TO SECTION 27-65-111. IN ASSESSING WHETHER THE DEFENDANT WITH A19
PENDING CRIMINAL CHARGE IS A DANGER TO SELF OR OTHERS OR IS20
GRAVELY DISABLED, IF THE PERSON IS INCARCERATED, THE COMPETENCY21
EVALUATOR OR PROFESSIONAL PERSON , AS DEFINED IN SECTION22
27-65-102,
AND THE COURT SHALL NOT RELY ON THE FACT THAT THE23
DEFENDANT IS INCARCERATED OR IS AN INPATIENT IN A MEDICAL FACILITY24
TO ESTABLISH THAT THE DEFENDANT IS NOT A DANGER TO SELF OR OTHERS25
OR IS NOT GRAVELY DISABLED.
IF IT IS THE EVALUATOR'S OPINION THAT26
THE DEFENDANT MEETS CRITERIA FOR CERTIFICATION FOR SHORT-TERM27
1138
-3- TREATMENT PURSUANT TO SECTION 27-65-108.5 OR 27-65-109, THE1
EVALUATOR IS NOT REQUIRED TO REQUEST A PETITION FOR CERTIFICATION2
FOR SHORT-TERM TREATMENT OF THE DEFENDANT IN A COURT WITH3
JURISDICTION PURSUANT TO SECTION 16-8.5-111 (2)(a).4
(III) HAS AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY , AS5
DEFINED IN SECTION 25.5-10-202, AND IF THE DEFENDANT DOES HAVE6
SUCH A DISABILITY, WHETHER THE DEFENDANT MAY BE ELIGIBLE FOR ANY7
ADDITIONAL SERVICES PURSUANT TO ARTICLE 10 OF TITLE 25.5 OR8
ARTICLE 10.5 OF TITLE 27.9
SECTION 2. In Colorado Revised Statutes, 16-8.5-111, amend10
(2)(a) and (2)(b)(II)(B); and add (2)(a.2) and (2)(a.3) as follows:11
16-8.5-111. Procedure after determination of competency or12
incompetency. (2) If the final determination made pursuant to section13
16-8.5-103 is that the defendant is incompetent to proceed, the court has14
the following options:15
(a) U
PON A REQUEST FROM THE DISTRICT ATTORNEY , A16
PROFESSIONAL PERSON , AS DEFINED IN SECTION 27-65-102, A17
REPRESENTATIVE OF THE BEHAVIORAL HEALTH ADMINISTRATION IN THE18
DEPARTMENT, OR A REPRESENTATIVE OF THE OFFICE OF CIVIL AND19
FORENSIC MENTAL HEALTH, if the defendant is charged with an offense as20
outlined in section 16-8.5-116 (7) and the competency evaluation has
21
determined that the defendant meets the standard for civil certification22
pursuant to article 65 of title 27, the court may forgo any order of23
restoration and immediately order that proceedings be initiated by the24
county attorney or district attorney required to conduct proceedings25
pursuant to section 27-65-113 (6) for the civil certification of the26
defendant and dismiss the charges without prejudice in the interest of27
1138
-4- justice once civil certification proceedings have been initiated THE1
PROSECUTING ATTORNEY AGREES , AND THE COURT FINDS REASONABLE2
GROUNDS TO BELIEVE THE DEFENDANT MEETS THE STANDARD FOR A3
CERTIFICATION FOR SHORT-TERM TREATMENT PURSUANT TO SECTION4
27-65-108.5
OR 27-65-109, THE COURT MAY ORDER THAT, PURSUANT TO5
THIS SUBSECTION (2) OR SECTION 16-8.5-116, THE REQUESTING PARTY6
INITIATE A PETITION FOR A CERTIFICATION FOR SHORT-TERM TREATMENT7
OF THE DEFENDANT IN A COURT WITH JURISDICTION . THE COURT SHALL8
HEAR AND CONSIDER ANY OBJECTIONS FROM THE DEFENDANT PRIOR TO9
ORDERING THE REFERRING PARTY TO INITIATE SUCH PROCEEDINGS . THE10
PROSECUTING ATTORNEY AND DEPARTMENT SHALL TRANSMIT ANY11
NECESSARY INFORMATION, INCLUDING MEDICAL RECORDS, COMPETENCY12
EVALUATIONS, MATERIALS USED IN THE COMPETENCY PROCESS , AND13
RESTORATION RECORDS, AND COOPERATE WITH THE REQUESTING PARTY14
IN FILING A PETITION PURSUANT TO SECTION 27-65-108.5. WITH THE15
DEFENDANT'S CONSENT, THE DEFENSE ATTORNEY REPRESENTING THE16
DEFENDANT MAY TRANSMIT ANY INFORMATION AND COOPERATE IN THE17
SHORT-TERM CERTIFICATION PROCESS. THE REQUESTING PARTY SHALL18
FILE NOTICE IN THE CRIMINAL CASE WHEN THE CERTIFICATION FOR19
SHORT-TERM TREATMENT IS FILED. UPON THE FILING OF A CERTIFICATION20
FOR SHORT-TERM TREATMENT PURSUANT TO SECTION 27-65-108.5, THE21
BEHAVIORAL HEALTH ADMINISTRATION IN THE DEPARTMENT SHALL ,22
DIRECTLY OR THROUGH A CONTRACT , PROVIDE CARE COORDINATION23
SERVICES PURSUANT TO SECTION 27-65-108.24
(a.2) T
HE COURT MAY FORGO ANY ORDER OF RESTORATION AND25
DISMISS THE CHARGES WITHOUT PREJUDICE IN THE INTEREST OF JUSTICE 26
WHEN A CERTIFICATION FOR SHORT -TERM TREATMENT PROCEEDINGS IS27
1138
-5- INITIATED AND WHEN ALL OF THE DEFENDANT 'S CHARGES ARE SUBJECT TO1
SECTION 16-8.5-116 (7).2
(a.3) I
F THE COURT ORDERS THE INITIATION OF CERTIFICATION FOR3
SHORT-TERM TREATMENT PROCEEDINGS AND ANY CHARGE AGAINST THE4
DEFENDANT IS NOT SUBJECT TO SECTION 16-8.5-116 (7) OR THE COURT5
DOES NOT ORDER DISMISSAL OF THE CASE PURSUANT TO SUBSECTION (1)6
OF THIS SECTION, WITH AGREEMENT OF THE PARTIES , THE COURT MAY7
STAY THE RESTORATION ORDER TO ALLOW CERTIFICATION FOR8
SHORT-TERM TREATMENT PROCEEDINGS TO OCCUR AND TO ALLOW THE9
DISTRICT ATTORNEY TO CONSIDER WHETHER DISMISSAL OF THE CASE IS10
APPROPRIATE. TO ENABLE EVALUATION OF WHETHER DISMISSAL IS11
APPROPRIATE WHILE THE CRIMINAL MATTER IS PENDING , THE DEFENDANT,12
THE DEFENDANT'S ATTORNEY IN THE CRIMINAL MATTER , AND THE13
PROSECUTING ATTORNEY IN THE CRIMINAL MATTER IN WHICH14
COMPETENCY IS PENDING SHALL HAVE ACCESS TO THE FOLLOWING15
LIMITED INFORMATION ABOUT ANY PROCEEDINGS PURSUANT TO SECTION16
27-65-108.5,
27-65-109, 27-65-110, OR 27-65-111. THE INFORMATION17
MUST BE KEPT CONFIDENTIAL UNLESS DISCLOSURE IS OTHERWISE18
AUTHORIZED BY LAW. THE COURT SHALL NOT EXTEND THE CRIMINAL CASE19
PAST THE TIME LIMITS SET FORTH IN SECTION 16-8.5-116, AND20
INFORMATION MUST NOT BE SHARED PURSUANT TO THIS SUBSECTION21
(2)(a.3)
AFTER DISMISSAL OF THE CRIMINAL CASE UNLESS OTHERWISE22
ALLOWED BY SECTION 27-65-123 OR OTHER LAW . THE LIMITED23
INFORMATION ALLOWED TO BE SHARED WITH THE DEFENDANT , THE24
DEFENDANT'S CRIMINAL ATTORNEY, OR THE PROSECUTING ATTORNEY25
PURSUANT TO THIS SUBSECTION (2)(a.3) INCLUDES:26
(I) W
HETHER CIVIL PROCEEDINGS ARE PENDING OR ONGOING ;27
1138
-6- (II) WHETHER THE DEFENDANT IS SUBJECT TO A CERTIFICATION1
FOR SHORT-TERM OR LONG-TERM TREATMENT AND WHETHER THE2
DEFENDANT IS BEING TREATED IN AN INPATIENT OR OUTPATIENT SETTING ;3
(III) W
HEN PROCEEDINGS ARE OCCURRING , EVEN IF THE4
PROCEEDINGS ARE CONFIDENTIAL OR CLOSED TO THE PROSECUTING5
ATTORNEY OR DEFENDANT 'S CRIMINAL ATTORNEY; AND6
(IV) T
HE ULTIMATE OUTCOME OF THE PROCEEDING .7
(b) (II) (B) As a condition of bond, the court shall order that the8
restoration take place on an outpatient basis. Pursuant to section9
27-60-105, the behavioral health administration in the
department is the10
entity responsible for the oversight of restoration education and11
coordination of all competency restoration services. As a condition of12
release for outpatient restoration services, the court may require pretrial13
services, if available, to work with the behavioral health administration14
THE DEPARTMENT and the restoration services provider under contract15
with the behavioral health administration to assist in securing appropriate16
support and care management services, which may include housing17
resources. The individual agency responsible for providing outpatient18
restoration services for the defendant shall notify the court or other19
designated agency within twenty-one days if restoration services have not20
commenced
AND SHALL NOTIFY THE COURT OF EFFORTS THAT HAVE BEEN21
MADE TO ENGAGE THE DEFENDANT IN SERVICES .22
SECTION 3. In Colorado Revised Statutes, 16-8.5-116, amend23
(2)(b)(IV), (6)(b), and (10); and add (2)(b)(IV.3) and (2)(b)(IV.5) as24
follows:25
16-8.5-116. Certification - reviews - termination of26
proceedings - rules. (2) (b) On and after July 1, 2020, at least ten days27
1138
-7- before each review, the individual or entity evaluating the defendant1
shall provide the court with a report describing:2
(IV) Whether the defendant meets the requirements for3
certification set forth in article 65 of title 27 or is eligible for services4
pursuant to article 10.5 of title 27 MEETS THE CRITERIA FOR AN5
EMERGENCY MENTAL HEALTH HOLD PURSUANT TO SECTION 27-65-106;6
(IV.3) W
HETHER THE DEFENDANT M EETS THE CRITERIA FOR A7
CERTIFICATION FOR SHORT-TERM TREATMENT PURSUANT TO SECTION8
27-65-108.5
OR 27-65-109 AND, IF THE DEFENDANT MEETS SUCH CRITERIA,9
WHETHER THE EVALUATOR BELIEVES THE DEFENDANT COULD BE TREATED10
ON AN OUTPATIENT BASIS PURSUANT TO SECTION 27-65-111. IN ASSESSING11
WHETHER A DEFENDANT WITH A PENDING CRIMINAL CHARGE IS A DANGER12
TO SELF OR OTHERS OR IS GRAVELY DISABLED , IF THE PERSON IS13
INCARCERATED, THE EVALUATOR SHALL NOT RELY ON THE FACT THAT THE14
DEFENDANT IS INCARCERATED OR IS AN INPATIENT IN A MEDICAL FACILITY15
TO ESTABLISH THE DEFENDANT IS NOT A DANGER TO SELF OR OTHERS OR16
IS NOT GRAVELY DISABLED.17
(IV.5) W
HETHER THE DEFENDANT HAS AN INTELLECTUAL AND18
DEVELOPMENTAL DISABILITY , AS DEFINED IN SECTION 25.5-10-202, AND19
IF THE DEFENDANT DOES HAVE SUCH A DISABILITY , WHETHER THE20
DEFENDANT
MAY BE ELIGIBLE FOR ANY ADDITIONAL SERVICES PURSUANT21
TO ARTICLE 10 OF TITLE 25.5 OR ARTICLE 10.5 OF TITLE 27.22
(6) Notwithstanding the time periods provided in subsections (7),23
(8), and (9) of this section and to ensure compliance with relevant24
constitutional principles, for any offense for which the defendant is25
ordered to receive competency restoration services in an inpatient or26
outpatient setting, if the court determines, based on available evidence,27
1138
-8- that there is not a substantial probability that the defendant will be1
restored to competency within the reasonably foreseeable future, the court2
may order the defendant's release from commitment pursuant to this3
article 8.5 through one or more of the following means:4
(b) I
F THE COURT FINDS REASONABLE GROUNDS TO BELIEVE THE5
DEFENDANT MEETS CRITERIA FOR A CERTIFICATION FOR SHORT -TERM6
TREATMENT PURSUANT TO SECTION 27-65-108.5 OR 27-65-109, the court7
may in coordination with the county attorney or district attorney required
8
to conduct proceedings pursuant to section 27-65-113 (6) for the county9
in which the defendant is charged, order the commencement of10
certification proceedings pursuant to the provisions of article 65 of title11
27 if the defendant meets the requirements for certification pursuant to12
article 65 of title 27 ORDER THE DISTRICT ATTORNEY, OR UPON REQUEST13
FROM THE DISTRICT ATTORNEY, A PROFESSIONAL PERSON, AS DEFINED IN14
SECTION 27-65-102, A REPRESENTATIVE OF THE BEHAVIORAL HEALTH15
ADMINISTRATION IN THE DEPARTMENT , OR A REPRESENTATIVE OF THE16
OFFICE OF CIVIL AND FORENSIC MENTAL HEALTH TO INITIATE , IN A COURT17
WITH JURISDICTION, A PROCEEDING FOR A CERTIFICATION FOR18
SHORT-TERM TREATMENT OF THE DEFENDANT PURSUANT TO SECTION19
27-65-108.5
OR 27-65-109;20
(10) Prior to the dismissal of charges pursuant to subsection (1),21
(4), (6), (7), (8), or (9) of this section, the court shall identify whether the
22
defendant meets the requirements for certification pursuant to article 6523
of title 27, or for the provision of services pursuant to article 10.5 of title24
27, or whether the defendant will agree to a voluntary commitment25
UNLESS THE COURT HAS ALREADY ORDERED A PERSON TO INITIATE26
PROCEEDINGS FOR A CERTIFICATION FOR SHORT -TERM TREATMENT, THE27
1138
-9- COURT SHALL MAKE FINDINGS WHETHER THERE ARE REASONABLE1
GROUNDS TO BELIEVE THE PERSON MEETS THE STANDARD FOR A2
CERTIFICATION FOR SHORT-TERM TREATMENT. If the court finds the3
requirements for certification or provision of services are met or the4
defendant does not agree to a voluntary commitment THERE ARE5
REASONABLE GROUNDS , the court may stay the dismissal for twenty-one6
THIRTY-FIVE days and notify the department and county attorney or7
district attorney required to conduct proceedings pursuant to section8
27-65-113 (6) in the relevant jurisdiction of the pending dismissal so as9
to provide the department and the county attorney or district attorney with10
the ANY PROFESSIONAL PERSON , AS DEFINED IN SECTION 27-65-102, A11
REPRESENTATIVE OF THE BEHAVIORAL HEALTH ADMINISTRATION IN THE12
DEPARTMENT, OR A REPRESENTATIVE OF THE OFFICE OF CIVIL AND13
FORENSIC MENTAL HEALTH WHO HAS RECENTLY TREATED OR INTERACTED14
WITH THE DEFENDANT THAT THERE ARE REASONABLE GROUNDS FOR15
SHORT-TERM TREATMENT AND AFFORD THE PERSON AN opportunity to16
pursue certification proceedings or the provision of TO ARRANGE17
necessary services.18
SECTION 4. In Colorado Revised Statutes, 19-2.5-704, amend19
(2)(b) as follows:20
19-2.5-704. Procedure after determination of competency or21
incompetency. (2) (b) Pursuant to section 27-60-105, the behavioral22
health administration in the department of human services is the entity23
responsible for the oversight of restoration education and coordination of24
services necessary to competency restoration.25
SECTION 5. In Colorado Revised Statutes, add 27-65-108.5 as26
follows:27
1138
-10- 27-65-108.5. Court-ordered certification for short-term1
treatment for incompetent defendants in a criminal matter - contents2
of petition - procedure to contest petition - commitment to behavioral3
health administration - definition. (1) U
PON PETITION OF THE DISTRICT4
ATTORNEY, A PROFESSIONAL PERSON, A REPRESENTATIVE OF THE BHA, OR5
A REPRESENTATIVE OF THE OFFICE OF CIVIL AND FORENSIC MENTAL6
HEALTH, A COURT MAY CERTIFY A PERSON FOR SHORT -TERM TREATMENT7
FOR NOT MORE THAN THREE MONTHS UNDER THE FOLLOWING CONDITIONS :8
(a) T
HE PERSON IS A RESPONDENT IN A CRIMINAL MATTER IN WHICH9
THE PERSON HAS BEEN FOUND INCOMPETENT TO PROCEED ;10
(b) T
HE COURT HEARING THE CRIMINAL MATTER REFERRED THE11
MATTER FOR FILING OF A PETITION PURSUANT TO SECTION 16-8.5-111 OR12
16-8.5-116;13
(c) T
HE PERSON HAS BEEN ADVISED OF THE AVAILABILITY OF , BUT14
HAS NOT ACCEPTED , VOLUNTARY TREATMENT , OR, IF REASONABLE15
GROUNDS EXIST TO BELIEVE THAT THE PERSON WILL NOT REMAIN IN A16
VOLUNTARY TREATMENT PROGRAM , THE PERSON'S ACCEPTANCE OF17
VOLUNTARY TREATMENT DOES NOT PRECLUDE CERTIFICATION ;18
(d) T
HE FACILITY OR COMMUNITY PROVIDER THAT WILL PROVIDE19
SHORT-TERM TREATMENT HAS BEEN DESIGNATED OR APPROVED BY THE20
COMMISSIONER TO PROVIDE SUCH TREATMENT ; AND21
(e) T
HE PERSON, THE PERSON'S LEGAL GUARDIAN, AND THE22
PERSON'S LAY PERSON, IF APPLICABLE, HAVE BEEN ADVISED OF THE23
PERSON'S RIGHT TO AN ATTORNEY AND TO CONTEST THE CERTIFICATION24
FOR SHORT-TERM TREATMENT.25
(2) T
HE PETITION FILED PURSUANT TO SUBSECTION (1) OF THIS26
SECTION MUST:27
1138
-11- (a) STATE SUFFICIENT FACTS TO ESTABLISH REASONABLE GROUNDS1
THAT THE RESPONDENT HAS A MENTAL HEALTH DISORDER AND , AS A2
RESULT OF THE MENTAL HEALTH DISORDER , IS A DANGER TO THE3
RESPONDENT'S SELF OR OTHERS OR IS GRAVELY DISABLED;4
(b) B
E ACCOMPANIED BY A REPORT OF THE COMPETENCY5
EVALUATOR OR PROFESSIONAL PERSON WHO HAS EVALUATED THE6
RESPONDENT WITHIN FIFTY -SIX DAYS BEFORE SUBMISSION OF THE7
PETITION, UNLESS THE RESPONDENT WHOSE CERTIFICATION IS S OUGHT HAS8
REFUSED TO SUBMIT TO AN EVALUATION OR THE RESPONDENT CANNOT BE9
EVALUATED DUE TO THE RESPONDENT 'S CONDITION;10
(c) B
E FILED WITHIN FOURTEEN DAYS AFTER THE INITIATING PARTY11
RECEIVED THE COURT ORDER FROM THE CRIMINAL COURT INITIATING THE12
PROCESS;13
(d) B
E FILED WITH THE COURT IN THE COUNTY WHERE THE14
RESPONDENT RESIDED OR WAS PHYSICALLY PRESENT IMMEDIATELY PRIOR15
TO THE FILING OF THE PETITION; EXCEPT THAT IF THE PERSON WAS16
ARRESTED FOR THE PRIOR CASE AND HELD IN CUSTODY , THE PETITION MAY17
BE FILED IN THE COUNTY WHERE THE RESPONDENT RESIDED OR WAS18
PHYSICALLY PRESENT IMMEDIATELY PRIOR TO THE RESPONDENT 'S ARREST;19
AND20
(e) P
ROVIDE RECOMMENDATIONS IF ANY CERTIFICATION SHOULD21
OCCUR ON AN INPATIENT OR OUTPATIENT BASIS .22
(3) W
ITHIN TWENTY-FOUR HOURS AFTER CERTIFICATION , COPIES23
OF THE CERTIFICATION MUST BE PERSONALLY DELIVERED TO THE24
RESPONDENT, THE BHA, OR THE OFFICE OF CIVIL AND FORENSIC MENTAL25
HEALTH. THE DEPARTMENT SHALL RETAIN A COPY AS PART OF THE26
RESPONDENT'S RECORD. IF THE CRIMINAL CASE IS PENDING, OR NOT YET27
1138
-12- DISMISSED, NOTICE OF THE FILING OF THE PETITION SHOULD BE GIVEN BY1
THE PETITIONING PARTY TO THE CRIMINAL COURT , WHICH SHALL PROVIDE2
SUCH NOTICE TO THE PROSECUTING AND DEFENSE ATTORNEYS IN THE3
CRIMINAL CASE AND ANY ATTORNEY APPOINTED PURS UANT TO SECTION4
27-65-113.
THE COURT SHALL ASK THE RESPONDENT TO DESIGNATE ONE5
OTHER PERSON WHOM THE RESPONDENT WANTS TO BE INFORMED6
REGARDING THE PETITION. IF THE RESPONDENT IS INCAPABLE OF MAKING7
SUCH A DESIGNATION AT THE TIME THE PETITION IS DELIVERED, THE COURT8
MAY ASK THE RESPONDENT TO DESIGNATE SUCH PERSON AS SOON AS THE9
RESPONDENT IS CAPABLE.10
(4) W
HENEVER A PETITION IS FILED PURSUANT TO THIS SECTION ,11
THE COURT SHALL IMMEDIATELY APPOINT AN ATTORNEY TO REPRESENT12
THE RESPONDENT. THE COURT SHALL PROVIDE THE RESPONDENT WITH A13
WRITTEN NOTICE THAT THE RESPONDENT HAS A RIGHT TO A HEARING ON14
THE PETITION AND MAY MAKE A WRITTEN REQUEST FOR A JURY TRIAL . THE15
RESPONDENT HAS THE RIGHT TO AN ATTORNEY FOR ALL PROCEEDINGS16
CONDUCTED PURSUANT TO THIS SECTION , INCLUDING ANY APPEALS. THE17
ATTORNEY REPRESENTING THE RESPONDENT MUST BE PROVIDED WITH A18
COPY OF THE PETITION AND ANY SUPPORTING MATERIALS IMMEDIATELY19
UPON THE ATTORNEY'S APPOINTMENT. THE RESPONDENT MAY ONLY WAIVE20
COUNSEL WHEN THE RESPONDENT MAKES A KNOWING AND VOLUNTARY21
WAIVER IN FRONT OF THE COURT.22
(5) U
PON THE FILING OF THE PETITION PURSUANT TO THIS SECTION23
AND AFFORDING THE RESPONDENT A CHANCE TO CONTEST THE PETITION ,24
THE COURT MAY GRANT OR DENY CERTIFICATION BASED ON THE FACTS25
ESTABLISHED IN THE PETITION, SUBJECT TO THE COURT'S FURTHER REVIEW26
OR A JURY TRIAL.27
1138
-13- (6) WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE PETITION FILED1
PURSUANT TO THIS SECTION, THE RESPONDENT, OR THE RESPONDENT'S2
ATTORNEY, MAY REQUEST A JURY TRIAL BY FILING A WRITTEN MOTION3
WITH THE COURT.4
(7) T
HE RESPONDENT MAY KNOWINGLY AND VOLUNTARILY5
CONSENT IN WRITING TO THE PETITION.6
(8) T
HE RESPONDENT OR THE RESPONDENT 'S ATTORNEY MAY, AT7
ANY TIME, FILE A WRITTEN REQUEST FOR THE COURT TO REVIEW8
SHORT-TERM CERTIFICATION OR REQUEST THAT INPATIENT CERTIFICATION9
BE CHANGED TO OUTPATIENT TREATMENT . IF THE REVIEW IS REQUESTED,10
THE COURT SHALL HEAR THE MATTER WITHIN FOURTEEN DAYS AFTER THE11
REQUEST, AND THE COURT SHALL GIVE NOTICE TO THE RESPONDENT , THE12
RESPONDENT'S ATTORNEY, THE DEPARTMENT, AND THE COMMUNITY OR13
FACILITY PROVIDER WHO IS OR WILL PROVIDE TREATMENT . THE HEARING14
MUST BE HELD IN ACCORDANCE WITH SECTION 27-65-113. AT THE15
CONCLUSION OF THE HEARING, THE COURT MAY ENTER OR CONFIRM THE16
CERTIFICATION FOR SHORT -TERM TREATMENT , DISCHARGE THE17
RESPONDENT, OR ENTER ANY OTHER APPROPRIATE ORDER .18
(9) S
ECTION 27-65-109 (7) TO (10) APPLIES TO PROCEEDINGS HELD19
PURSUANT TO THIS SECTION.20
(10) I
N ASSESSING WHETHER THE RESPONDENT WITH A PENDING21
CRIMINAL CHARGE IS A DANGER TO SELF OR OTHERS OR IS GRAVELY22
DISABLED, IF THE PERSON IS INCARCERATED, THE PROFESSIONAL PERSON23
AND COURT SHALL NOT RELY UPON THE FACT THAT THE PERSON IS24
INCARCERATED TO ESTABLISH THAT THE RESPONDENT IS NOT A DANGER25
TO SELF OR OTHERS OR IS NOT GRAVELY DISABLED .26
(11) A
N EMERGENCY MENTAL HEALTH HOLD PURSUANT TO27
1138
-14- SECTION 27-65-106 IS NOT A PREREQUISITE TO A PROCEEDING PURSUANT1
TO THIS SECTION.2
(12) F
OR THE PURPOSES OF THIS SECTION ONLY , "RESPONDENT"3
MEANS THE DEFENDANT IN THE REFERRING CRIMINAL MATTER .4 SECTION 6. In Colorado Revised Statutes, 13-5-142, amend5
(1)(c) as follows:6
13-5-142. National instant criminal background check system7
- reporting. (1) On and after March 20, 2013, the state court8
administrator shall send electronically the following information to the9
Colorado bureau of investigation created pursuant to section 24-33.5-401,10
referred to in this section as the "bureau":11
(c) The name of each person with respect to whom the court has12
entered an order for involuntary certification for short-term treatment of13
a mental health disorder pursuant to section 27-65-108.5 OR 27-65-109,14
for extended certification for treatment of a mental health disorder15
pursuant to section 27-65-109 (10), or for long-term care and treatment16
of a mental health disorder pursuant to section 27-65-110.17
SECTION 7. In Colorado Revised Statutes, 13-5-142.5, amend18
(2)(a)(III) as follows:19
13-5-142.5. National instant criminal background check20
system - judicial process for awarding relief from federal21
prohibitions - legislative declaration. (2) Eligibility. A person may22
petition for relief pursuant to this section if:23
(a) (III) The court has entered an order for the person's involuntary24
certification for short-term treatment of a mental health disorder pursuant25
to section 27-65-108.5 OR 27-65-109, for extended certification for26
treatment of a mental health disorder pursuant to section 27-65-109 (10),27
1138
-15- or for long-term care and treatment of a mental health disorder pursuant1
to section 27-65-110; and2
SECTION 8. In Colorado Revised Statutes, amend 13-5-142.83
as follows:4
13-5-142.8. Notice by professional persons. Under sections5
13-9-123 (1), 13-9-124 (2), 13-5-142 (1), and 13-5-142.5 (2), an order for6
involuntary certification for short-term treatment of a mental health7
disorder pursuant to section 27-65-108.5 OR 27-65-109 must also include8
a notice filed by a professional person pursuant to section 27-65-108.5 OR9
27-65-109, and an order for extended certification for treatment of a10
mental health disorder pursuant to section 27-65-109 (10) must also11
include a notice filed by a professional person pursuant to section12
27-65-109 (10).13
SECTION 9. In Colorado Revised Statutes, 13-9-123, amend14
(1)(c) as follows:15
13-9-123. National instant criminal background check system16
- reporting. (1) On and after March 20, 2013, the state court17
administrator shall send electronically the following information to the18
Colorado bureau of investigation created pursuant to section 24-33.5-401,19
referred to in this section as the "bureau":20
(c) The name of each person with respect to whom the court has21
entered an order for involuntary certification for short-term treatment of22
a mental health disorder pursuant to section 27-65-108.5 OR 27-65-109,23
for extended certification for treatment of a mental health disorder24
pursuant to section 27-65-109 (10), or for long-term care and treatment25
of a mental health disorder pursuant to section 27-65-110.26
SECTION 10. In Colorado Revised Statutes, 13-9-124, amend27
1138
-16- (2)(a)(III) as follows:1
13-9-124. National instant criminal background check system2
- judicial process for awarding relief from federal prohibitions -3
legislative declaration. (2) Eligibility. A person may petition for relief4
pursuant to this section if:5
(a) (III) The court has entered an order for the person's involuntary6
certification for short-term treatment of a mental health disorder pursuant7
to section 27-65-108.5 OR 27-65-109, for extended certification for8
treatment of a mental health disorder pursuant to section 27-65-109 (10),9
or for long-term care and treatment of a mental health disorder pursuant10
to section 27-65-110; and11
SECTION 11. In Colorado Revised Statutes, 25-3-102.1, amend12
(1)(c) as follows:13
25-3-102.1. Deemed status for certain facilities. (1) (c) Upon14
submission of a completed application for license renewal, the department15
of public health and environment shall accept proof of the accreditation16
in lieu of licensing inspections or other requirements. Nothing in this17
section exempts an accredited health facility from inspections or from18
other forms of oversight by the department as necessary to ensure public19
health and safety. Nothing in this section prevents the department of20
public health and environment from conducting an inspection of a21
hospital or other health facility described in section 25-3-101 to22
investigate a complaint regarding the provisions of section 27-65-106,23
27-65-107, 27-65-108.5, 27-65-109, 27-65-110, or 27-65-119 to the24
extent the complaint is applicable to health facilities licensed by the25
department of public health and environment.26
SECTION 12. In Colorado Revised Statutes, 26-20-103, amend27
1138
-17- (3) as follows:1
26-20-103. Basis for use of restraint or seclusion. (3) In2
addition to the circumstances described in subsection (1) of this section,3
a facility, as defined in section 27-65-102, that is designated by the4
commissioner of the behavioral health administration in the state5
department to provide treatment pursuant to section 27-65-106,6
27-65-108, 27-65-108.5, 27-65-109, or 27-65-110 to an individual with7
a mental health disorder, as defined in section 27-65-102, may use8
seclusion to restrain an individual with a mental health disorder when the9
seclusion is necessary to eliminate a continuous and serious disruption of10
the treatment environment.11
SECTION 13. In Colorado Revised Statutes, amend as it will12
become effective July 1, 2024, 27-65-108 as follows:13
27-65-108. Care coordination for persons certified or in need14
of ongoing treatment. (1) A facility designated by the commissioner15
shall notify and engage the BHA prior to terminating or transferring a16
person certified pursuant to section 27-65-108.5, 27-65-109, 27-65-110,17
or 27-65-111. The BHA may provide care coordination services to18
support a person whose certification is terminated but who is in need of19
ongoing treatment and services.20
(2) The BHA shall, directly or through
A contract, provide care21
coordination services to a person certified pursuant to section22
27-65-108.5, 27-65-109, 27-65-110, or 27-65-111 and determined by the23
designated facility and the BHA to need care coordination services.24
SECTION
14. In Colorado Revised Statutes, 27-65-111, amend25
as it will become effective July 1, 2024, (1) introductory portion and26
(5)(a)(I) as follows:27
1138
-18- 27-65-111. Certification on an outpatient basis - short-term1
and long-term care. (1) Any respondent certified pursuant to section2
27-65-108.5, 27-65-109, or 27-65-110 may be provided treatment on an3
outpatient basis. The outpatient treatment provider shall develop a4
treatment plan for the respondent receiving treatment on an outpatient5
basis with the goal of the respondent finding and sustaining recovery. The6
treatment plan must include measures to keep the respondent or others7
safe, as informed by the respondent's need for certification. The treatment8
plan may include, but is not limited to:9
(5) (a) In addition to any other limitation on liability, a person10
providing care to a respondent placed on short-term or long-term11
certification on an outpatient basis is only liable for harm subsequently12
caused by or to a respondent who:13
(I) Has been terminated from certification despite meeting14
statutory criteria for certification pursuant to section 27-65-108.5,15
27-65-109, or 27-65-110; or16
SECTION 15. In Colorado Revised Statutes, 27-65-112, amend17
as it will become effective July 1, 2024, (1) as follows:18
27-65-112. Termination of certification for short-term and19
long-term treatment. (1) An original or extended certification for20
short-term treatment issued pursuant to section 27-65-108.5 OR21
27-65-109, or an order or extension for certification for long-term care22
and treatment pursuant to section 27-65-110 terminates as soon as the23
professional person in charge of treatment of the respondent and the BHA24
determine the respondent has received sufficient benefit from the25
treatment for the respondent to end involuntary treatment. Whenever a26
certification or extended certification is terminated pursuant to this27
1138
-19- section, the professional person in charge of providing treatment shall1
notify the court in writing within five days after the termination.2
SECTION 16. In Colorado Revised Statutes, 27-65-113, amend3
(1), (5)(a), and (5)(b) as follows:4
27-65-113. Hearing procedures - jurisdiction. (1) Hearings5
before the court pursuant to section 27-65-108.5, 27-65-109, or6
27-65-110 are conducted in the same manner as other civil proceedings7
before the court. The burden of proof is on the person or facility seeking8
to detain the respondent. The court or jury shall determine that the9
respondent is in need of care and treatment only if the court or jury finds10
by clear and convincing evidence that the respondent has a mental health11
disorder and, as a result of the mental health disorder, is a danger to the12
respondent's self or others or is gravely disabled.13
(5) (a) In the event that a respondent or a person found not guilty14
by reason of impaired mental condition pursuant to section 16-8-103.515
(5), or by reason of insanity pursuant to section 16-8-105 (4) or16
16-8-105.5, refuses to accept medication, the court having jurisdiction of17
the action pursuant to subsection (4) of this section, the court committing18
the person or defendant to the custody of the BHA DEPARTMENT pursuant19
to section 16-8-103.5 (5), 16-8-105 (4), or 16-8-105.5, or the court of20
the jurisdiction in which the designated facility treating the respondent or21
person is located has jurisdiction and venue to accept a petition by a22
treating physician and to enter an order requiring that the respondent or23
person accept such treatment or, in the alternative, that the medication be24
forcibly administered to the respondent or person. The court of the25
jurisdiction in which the designated facility is located shall not exercise26
its jurisdiction without the permission of the court that committed the27
1138
-20- person to the custody of the BHA DEPARTMENT. Upon the filing of such1
a petition, the court shall appoint an attorney, if one has not been2
appointed, to represent the respondent or person and hear the matter3
within ten days.4
(b) In any case brought pursuant to subsection (5)(a) of this5
section in a court for the county in which the treating facility is located,6
the county where the proceeding was initiated pursuant to subsection (4)7
of this section or the court committing the person to the custody of the8
BHA DEPARTMENT pursuant to section 16-8-103.5 (5), 16-8-105 (4), or9
16-8-105.5 shall either reimburse the county in which the proceeding10
pursuant to this subsection (5) was filed and in which the proceeding was11
held for the reasonable costs incurred in conducting the proceeding or12
conduct the proceeding itself using its own personnel and resources,13
including its own district or county attorney, as the case may be.14
SECTION 17. In Colorado Revised Statutes, 27-65-119, amend15
as it will become effective July 1, 2023, (1) introductory portion as16
follows:17
27-65-119. Rights of respondents certified for short-term18
treatment or long-term care and treatment. (1) Each EACH respondent19
certified for short-term treatment or long-term care and treatment on an20
inpatient basis pursuant to sections 27-65-108.5, 27-65-109, and21
27-65-110 has the following rights and shall be advised of such rights by22
the facility:23
SECTION 18. In Colorado Revised Statutes, 27-66.5-102,24
amend (3)(a)(II) as follows:25
27-66.5-102. Definitions. As used in this article 66.5, unless the26
context otherwise requires:27
1138
-21- (3) "High-risk individual" means a person who:1
(a) Has a significant mental health or substance use disorder, as2
evidenced by:3
(II) A certification for short-term treatment or extended short-term4
treatment pursuant to section 27-65-108.5 OR 27-65-109;5
SECTION 19. In Colorado Revised Statutes, 27-80-303, amend6
(3)(c) as follows:7
27-80-303. Office of ombudsman for behavioral health access8
to care - creation - appointment of ombudsman - duties. (3) The9
ombudsman shall:10
(c) Receive and assist consumers and providers in reporting11
concerns and filing complaints with appropriate regulatory or oversight12
agencies relating to inappropriate care, a procedure for an emergency13
mental health hold pursuant to section 27-65-106, a certification for14
short-term treatment pursuant to section 27-65-108.5 OR 27-65-109, or a15
certification for long-term care and treatment pursuant to section16
27-65-110;17
SECTION 20. In Colorado Revised Statutes, 27-65-123, add (6)18
as follows:19
27-65-123. Records. (6) N
OTHING IN THIS SECTION PROHIBITS20
THE LIMITED DISCLOSURE OF NECESSARY INFORMATION TO THE21
PROSECUTING ATTORNEY AND CRIMINAL DEFENSE COUNSEL IF A CRIMINAL22
CASE IS STILL PENDING AGAINST THE PERSON.23
SECTION
21. Act subject to petition - effective date. This act24
takes effect July 1, 2024; except that, if a referendum petition is filed25
pursuant to section 1 (3) of article V of the state constitution against this26
act or an item, section, or part of this act within the ninety-day period27
1138
-22- after final adjournment of the general assembly, then the act, item,1
section, or part will not take effect unless approved by the people at the2
general election to be held in November 2024 and, in such case, will take3
effect on the date of the official declaration of the vote thereon by the4
governor.5
1138
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