Colorado 2023 Regular Session

Colorado House Bill HB1138 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0179.02 Jane Ritter x4342
1	8		HOUSE BILL 23-1138
2		-	BY REPRESENTATIVE(S) Amabile and Soper, Bacon, Bird,
3		-	Boesenecker, Brown, deGruy Kennedy, Dickson, Epps, Froelich,
4		-	Gonzales-Gutierrez, Herod, Lieder, Lindsay, Mabrey, McCormick,
5		-	McLachlan, Michaelson Jenet, Ricks, Sirota, Snyder, Story, Weissman,
6		-	Young, McCluskie, English, Garcia, Joseph, Sharbini, Valdez;
7		-	also SENATOR(S) Rodriguez, Buckner, Coleman, Cutter, Kolker, Moreno.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
8	13		C
9		-	ONCERNING PROCEDURES RELATED TO ADULT COMPETENCY PROCEEDINGS .
10		-
11		-	Be it enacted by the General Assembly of the State of Colorado:
12		-	SECTION 1. In Colorado Revised Statutes, 16-8.5-105, amend (4)
13		-	and (5)(h) as follows:
14		-	16-8.5-105. Evaluations, locations, time frames, and report.
	14	+	ONCERNING PROCEDURES RELATED TO ADULT COMPETENCY101
	15	+	PROCEEDINGS.102
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	The bill removes the requirement that if a defendant is in jail or an
	24	+	inpatient setting, a finding that the defendant is an imminent danger to the
	25	+	defendant's self or others is required for the competency evaluation and
	26	+	report. If the competency evaluation determines that the defendant meets
	27	+	the criteria for civil certification and inpatient services, the behavioral
	28	+	health administration (BHA) shall, directly or through a contract, provide
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	May 3, 2023
	32	+	SENATE
	33	+	Amended 2nd Reading
	34	+	May 2, 2023
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	April 21, 2023
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	April 18, 2023
	41	+	HOUSE SPONSORSHIP
	42	+	Amabile and Soper, Bacon, Bird, Boesenecker, Brown, deGruy Kennedy, Dickson, Epps,
	43	+	Froelich, Gonzales-Gutierrez, Herod, Lieder, Lindsay, Mabrey, McCluskie, McCormick,
	44	+	McLachlan, Michaelson Jenet, Ricks, Sirota, Snyder, Story, Weissman, Young
	45	+	SENATE SPONSORSHIP
	46	+	Rodriguez, Buckner, Coleman, Cutter, Kolker, Moreno
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. care coordination services for the defendant. If the court orders, as a
	50	+	condition of bond, that restoration to competency take place on an
	51	+	outpatient basis, the department of human services is responsible for the
	52	+	oversight of restoration education and coordination of services.
	53	+	Under specific conditions, the bill allows that upon petition of the
	54	+	district attorney, a professional person, a representative of the BHA, a
	55	+	representative of the office of civil and forensic mental health, or other
	56	+	responsible person (responsible party), a court may certify a respondent
	57	+	for short-term treatment in the custody of the BHA for not more than 3
	58	+	months without requiring an emergency 72-hour hold. A court shall not
	59	+	accept a petition for certification for short-term treatment unless the
	60	+	respondent has a documented refusal to certified treatment.
	61	+	Upon filing of the petition, the court shall immediately appoint an
	62	+	attorney to represent the respondent. The respondent's attorney may
	63	+	request a jury trial within 14 days after receipt of the petition. The
	64	+	respondent has the right to an attorney for all proceedings conducted
	65	+	related to the respondent's competency and certification for treatment and
	66	+	services.
	67	+	The respondent may, at any time, file a written request to contest
	68	+	the petition, in which case the court shall set the hearing no later than 14
	69	+	days after the petition was filed. If, after hearing all of the relevant
	70	+	evidence, the court finds grounds for certification have been established
	71	+	by clear and convincing evidence and that the BHA is able to provide
	72	+	adequate and appropriate treatment for the respondent that will likely be
	73	+	beneficial to the respondent's recovery, the court shall commit the
	74	+	respondent to the BHA's custody.
	75	+	The act takes effect January 1, 2024.
	76	+	Be it enacted by the General Assembly of the State of Colorado:1
	77	+	SECTION 1. In Colorado Revised Statutes, 16-8.5-105, amend2
	78	+	(4) and (5)(h) as follows:3
	79	+	16-8.5-105. Evaluations, locations, time frames, and report.4
15	80		(4) A written report of the evaluation shall
16		-	MUST be prepared in triplicate
17		-	and delivered to the clerk of the court that ordered it. The clerk shall
18		-	provide a copy of the report both to the prosecuting attorney and the counsel
19		-	for the defendant. T
20		-	HE DEPARTMENT MAY UTILIZE THE E-FILING SYSTEM TO
21		-	DELIVER THE REPORT TO THE COURT AND SERVE IT UPON THE PARTIES
22		-	.
23		-	W
24		-	ITHOUT REDUCING ANY OTHER TIMELINES SET FORTH IN THIS ARTICLE 8.5,
25		-	THE COMPETENCY EVALUATOR SHALL PROVIDE THE WRI TTEN REPORT TO THE
26		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
27		-	officers and the Governor. To determine whether the Governor has signed the bill
28		-	or taken other action on it, please consult the legislative status sheet, the legislative
29		-	history, or the Session Laws.
30		-	________
31		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32		-	through words or numbers indicate deletions from existing law and such material is not part of
33		-	the act. COURT WITHIN FOURTEEN DAYS AFTER FINISHING MEETING OR ATTEMPTING
34		-	TO MEET WITH THE RESPONDENT TO EVALUATE THE RESPONDENT
35		-	'S
36		-	COMPETENCY
37		-	.
38		-	(5) On and after July 1, 2020, the competency evaluation and report
39		-	must include, but need not be limited to:
	81	+	MUST be prepared in triplicate5
	82	+	and delivered to the clerk of the court that ordered it. The clerk shall6
	83	+	provide a copy of the report both to the prosecuting attorney and the7
	84	+	counsel for the defendant. T
	85	+	HE DEPARTMENT MAY UTILIZE THE E -FILING8
	86	+	SYSTEM TO DELIVER THE REPORT TO THE COURT AND SERVE IT UPON THE9
	87	+	PARTIES. WITHOUT REDUCING ANY OTHER TIMELINES SET FORTH IN THIS10
	88	+	1138-2- ARTICLE 8.5, THE COMPETENCY EVALUATOR SHALL PROVIDE THE WRITTEN1
	89	+	REPORT TO THE COURT WITHIN FOURTEEN DAYS AFTER FINISHING MEETING2
	90	+	OR ATTEMPTING TO MEET WITH TH E RESPONDENT TO EVALUATE THE3
	91	+	RESPONDENT'S COMPETENCY.4
	92	+	(5) On and after July 1, 2020, the competency evaluation and5
	93	+	report must include, but need not be limited to:6
40	94		(h) The competency evaluator's opinion
41		-	AND THE INFORMATION AND
42		-	FACTORS CONSIDERED IN MAKING DETERMINATIONS
43		-	as to whether the
	95	+	AND THE INFORMATION7
	96	+	AND FACTORS CONSIDERED IN MAKING DETERMINATIONS as to whether the8
44	97		defendant: meets the criteria for certification pursuant to article 65 of title
45		-	27 or whether the defendant is eligible for services pursuant to article 10 of
46		-	title 25.5 or article 10.5 of title 27, including the factors considered in
47		-	making either determination.
48		-	(I) MEETS THE CRITERIA FOR AN EMERGENCY MENTAL HEALTH HOLD
49		-	PURSUANT TO SECTION
50		-	27-65-106;
	98	+	9
	99	+	27 or whether the defendant is eligible for services pursuant to article 1010
	100	+	of title 25.5 or article 10.5 of title 27, including the factors considered in11
	101	+	making either determination.12
	102	+	(I) M
	103	+	EETS THE CRITERIA FOR AN EMERGENCY MENTAL HEALTH13
	104	+	HOLD PURSUANT TO SECTION 27-65-106;14
51	105		(II) M
52		-	EETS THE CRITERIA FOR A CERTIFICATION FOR SHORT -TERM
53		-	TREATMENT PURSUANT TO SECTION
54		-	27-65-108.5 OR 27-65-109 AND, IF THE
55		-	DEFENDANT MEETS SUCH CRITERIA
56		-	, WHETHER THE EVALUATOR BELIEVES
57		-	THE DEFENDANT COULD BE TREATED ON AN OUTPATIENT BASIS PURSUANT
58		-	TO SECTION
59		-	27-65-111. IN ASSESSING WHETHER THE DEFENDANT WITH A
60		-	PENDING CRIMINAL CHARGE IS A DANGER TO SELF OR OTHERS OR IS GRAVELY
61		-	DISABLED
62		-	, IF THE PERSON IS INCARCERATED, THE COMPETENCY EVALUATOR
63		-	OR PROFESSIONAL PERSON
64		-	, AS DEFINED IN SECTION 27-65-102, AND THE
65		-	COURT SHALL NOT RELY ON THE FACT THAT THE DEFENDANT IS
66		-	INCARCERATED OR IS AN INPATIENT IN A MEDICAL FACILITY TO ESTABLISH
67		-	THAT THE DEFENDANT IS NOT A DANGER TO SELF OR OTHERS OR IS NOT
68		-	GRAVELY DISABLED
69		-	. IF IT IS THE EVALUATOR 'S OPINION THAT THE
70		-	DEFENDANT MEETS CRITERIA FOR CERTIFICATION FOR SHORT
71		-	-TERM
72		-	TREATMENT PURSUANT TO SECTION
73		-	27-65-108.5 OR 27-65-109, THE
74		-	EVALUATOR IS NOT REQUIRED TO REQUEST A PETITION FOR CERTIFICATION
75		-	FOR SHORT
76		-	-TERM TREATMENT OF THE DEFENDANT IN A COURT WITH
77		-	JURISDICTION PURSUANT TO SECTION
78		-	16-8.5-111 (2)(a).
79		-	(III) H
80		-	AS AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY , AS
81		-	DEFINED IN SECTION
82		-	25.5-10-202, AND IF THE DEFENDANT DOES HAVE SUCH
83		-	A DISABILITY
84		-	, WHETHER THE DEFENDANT MAY BE ELIGIBLE FOR ANY
85		-	ADDITIONAL SERVICES PURSUANT TO ARTICLE
86		-	10 OF TITLE 25.5 OR ARTICLE
87		-	10.5 OF TITLE 27.
88		-	PAGE 2-HOUSE BILL 23-1138 SECTION 2. In Colorado Revised Statutes, 16-8.5-111, amend
89		-	(2)(a) and (2)(b)(II)(B); and add (2)(a.2) and (2)(a.3) as follows:
90		-	16-8.5-111. Procedure after determination of competency or
91		-	incompetency. (2) If the final determination made pursuant to section
92		-	16-8.5-103 is that the defendant is incompetent to proceed, the court has the
93		-	following options:
	106	+	EETS THE CRITERIA FOR A CERTIFICATION FOR SHORT-TERM15
	107	+	TREATMENT PURSUANT TO SECTION 27-65-108.5 OR 27-65-109 AND, IF THE16
	108	+	DEFENDANT MEETS SUCH CRITERIA , WHETHER THE EVALUATOR BELIEVES17
	109	+	THE DEFENDANT COULD BE TREATED ON AN OUTPATIENT BASIS PURSUANT18
	110	+	TO SECTION 27-65-111. IN ASSESSING WHETHER THE DEFENDANT WITH A19
	111	+	PENDING CRIMINAL CHARGE IS A DANGER TO SELF OR OTHERS OR IS20
	112	+	GRAVELY DISABLED, IF THE PERSON IS INCARCERATED, THE COMPETENCY21
	113	+	EVALUATOR OR PROFESSIONAL PERSON , AS DEFINED IN SECTION22
	114	+	27-65-102,
	115	+	AND THE COURT SHALL NOT RELY ON THE FACT THAT THE23
	116	+	DEFENDANT IS INCARCERATED OR IS AN INPATIENT IN A MEDICAL FACILITY24
	117	+	TO ESTABLISH THAT THE DEFENDANT IS NOT A DANGER TO SELF OR OTHERS25
	118	+	OR IS NOT GRAVELY DISABLED.
	119	+	IF IT IS THE EVALUATOR'S OPINION THAT26
	120	+	THE DEFENDANT MEETS CRITERIA FOR CERTIFICATION FOR SHORT-TERM27
	121	+	1138
	122	+	-3- TREATMENT PURSUANT TO SECTION 27-65-108.5 OR 27-65-109, THE1
	123	+	EVALUATOR IS NOT REQUIRED TO REQUEST A PETITION FOR CERTIFICATION2
	124	+	FOR SHORT-TERM TREATMENT OF THE DEFENDANT IN A COURT WITH3
	125	+	JURISDICTION PURSUANT TO SECTION 16-8.5-111 (2)(a).4
	126	+	(III) HAS AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY , AS5
	127	+	DEFINED IN SECTION 25.5-10-202, AND IF THE DEFENDANT DOES HAVE6
	128	+	SUCH A DISABILITY, WHETHER THE DEFENDANT MAY BE ELIGIBLE FOR ANY7
	129	+	ADDITIONAL SERVICES PURSUANT TO ARTICLE 10 OF TITLE 25.5 OR8
	130	+	ARTICLE 10.5 OF TITLE 27.9
	131	+	SECTION 2. In Colorado Revised Statutes, 16-8.5-111, amend10
	132	+	(2)(a) and (2)(b)(II)(B); and add (2)(a.2) and (2)(a.3) as follows:11
	133	+	16-8.5-111. Procedure after determination of competency or12
	134	+	incompetency. (2) If the final determination made pursuant to section13
	135	+	16-8.5-103 is that the defendant is incompetent to proceed, the court has14
	136	+	the following options:15
94	137		(a) U
95		-	PON A REQUEST FROM THE DISTRICT ATTORNEY , A
96		-	PROFESSIONAL PERSON
97		-	, AS DEFINED IN SECTION 27-65-102, A
98		-	REPRESENTATIVE OF THE BEHAVIORAL HEALTH ADMINISTRATION IN THE
99		-	DEPARTMENT
100		-	, OR A REPRESENTATIVE OF THE OFFICE OF CIVIL AND FORENSIC
101		-	MENTAL HEALTH
102		-	, if the defendant is charged with an offense as outlined in
103		-	section 16-8.5-116 (7) and the competency evaluation has determined that
104		-	the defendant meets the standard for civil certification pursuant to article 65
105		-	of title 27, the court may forgo any order of restoration and immediately
106		-	order that proceedings be initiated by the county attorney or district attorney
107		-	required to conduct proceedings pursuant to section 27-65-113 (6) for the
108		-	civil certification of the defendant and dismiss the charges without
109		-	prejudice in the interest of justice once civil certification proceedings have
110		-	been initiated OR THE PROSECUTING ATTORNEY AGREES , AND THE COURT
111		-	FINDS REASONABLE GROUNDS TO BELIEVE THE DEFENDANT MEETS THE
112		-	STANDARD FOR A CERTIFICATION FOR SHORT
113		-	-TERM TREATMENT PURSUANT
114		-	TO SECTION
115		-	27-65-108.5 OR 27-65-109, THE COURT MAY ORDER THAT ,
116		-	PURSUANT TO THIS SUBSECTION (2) OR SECTION 16-8.5-116, THE
117		-	REQUESTING PARTY INITIATE A PETITION FOR A CERTIFICATION FOR
118		-	SHORT
119		-	-TERM TREATMENT OF THE DEFENDANT IN A COURT WITH
120		-	JURISDICTION
121		-	. THE COURT SHALL HEAR AND CONSIDER ANY OBJECTIONS
122		-	FROM THE DEFENDANT PRIOR TO ORDERING THE REFERRING PARTY TO
123		-	INITIATE SUCH PROCEEDINGS
124		-	. THE PROSECUTING ATTORNEY AND
125		-	DEPARTMENT SHALL TRANSMIT ANY NECESSARY INFORMATION
126		-	, INCLUDING
127		-	MEDICAL RECORDS
128		-	, COMPETENCY EVALUATIONS , MATERIALS USED IN THE
129		-	COMPETENCY PROCESS
130		-	, AND RESTORATION RECORDS, AND COOPERATE WITH
131		-	THE REQUESTING PARTY IN FILING A PETITION PURSUANT TO SECTION
132		-	27-65-108.5. WITH THE DEFENDANT'S CONSENT, THE DEFENSE ATTORNEY
133		-	REPRESENTING THE DEFENDANT MAY TRANSMIT ANY INFORMATION AND
134		-	COOPERATE IN THE SHORT
135		-	-TERM CERTIFICATION PROCESS. THE REQUESTING
136		-	PARTY SHALL FILE NOTICE IN THE CRIMINAL CASE WHEN THE CERTIFICATION
137		-	FOR SHORT
138		-	-TERM TREATMENT IS FILED . UPON THE FILING OF A
139		-	CERTIFICATION FOR SHORT
140		-	-TERM TREATMENT PURSUANT TO SECTION
141		-	PAGE 3-HOUSE BILL 23-1138 27-65-108.5, THE BEHAVIORAL HEALTH ADMINISTRATION IN THE
142		-	DEPARTMENT SHALL
143		-	, DIRECTLY OR THROUGH A CONTRACT , PROVIDE CARE
144		-	COORDINATION SERVICES PURSUANT TO SECTION
145		-	27-65-108.
	138	+	PON A REQUEST FROM THE DISTRICT ATTORNEY , A16
	139	+	PROFESSIONAL PERSON , AS DEFINED IN SECTION 27-65-102, A17
	140	+	REPRESENTATIVE OF THE BEHAVIORAL HEALTH ADMINISTRATION IN THE18
	141	+	DEPARTMENT, OR A REPRESENTATIVE OF THE OFFICE OF CIVIL AND19
	142	+	FORENSIC MENTAL HEALTH, if the defendant is charged with an offense as20
	143	+	outlined in section 16-8.5-116 (7) and
	144	+	the competency evaluation has21
	145	+	determined that the defendant meets the standard for civil certification22
	146	+	pursuant to article 65 of title 27, the court may forgo any order of23
	147	+	restoration and immediately order that proceedings be initiated by the24
	148	+	county attorney or district attorney required to conduct proceedings25
	149	+	pursuant to section 27-65-113 (6) for the civil certification of the26
	150	+	defendant and dismiss the charges without prejudice in the interest of27
	151	+	1138
	152	+	-4- justice once civil certification proceedings have been initiated OR THE1
	153	+	PROSECUTING ATTORNEY AGREES , AND THE COURT FINDS REASONABLE2
	154	+	GROUNDS TO BELIEVE THE DEFENDANT MEETS THE STANDARD FOR A3
	155	+	CERTIFICATION FOR SHORT-TERM TREATMENT PURSUANT TO SECTION4
	156	+	27-65-108.5
	157	+	OR 27-65-109, THE COURT MAY ORDER THAT, PURSUANT TO5
	158	+	THIS SUBSECTION (2) OR SECTION 16-8.5-116, THE REQUESTING PARTY6
	159	+	INITIATE A PETITION FOR A CERTIFICATION FOR SHORT-TERM TREATMENT7
	160	+	OF THE DEFENDANT IN A COURT WITH JURISDICTION . THE COURT SHALL8
	161	+	HEAR AND CONSIDER ANY OBJECTIONS FROM THE DEFENDANT PRIOR TO9
	162	+	ORDERING THE REFERRING PARTY TO INITIATE SUCH PROCEEDINGS . THE10
	163	+	PROSECUTING ATTORNEY AND DEPARTMENT SHALL TRANSMIT ANY11
	164	+	NECESSARY INFORMATION, INCLUDING MEDICAL RECORDS, COMPETENCY12
	165	+	EVALUATIONS, MATERIALS USED IN THE COMPETENCY PROCESS , AND13
	166	+	RESTORATION RECORDS, AND COOPERATE WITH THE REQUESTING PARTY14
	167	+	IN FILING A PETITION PURSUANT TO SECTION 27-65-108.5. WITH THE15
	168	+	DEFENDANT'S CONSENT, THE DEFENSE ATTORNEY REPRESENTING THE16
	169	+	DEFENDANT MAY TRANSMIT ANY INFORMATION AND COOPERATE IN THE17
	170	+	SHORT-TERM CERTIFICATION PROCESS. THE REQUESTING PARTY SHALL18
	171	+	FILE NOTICE IN THE CRIMINAL CASE WHEN THE CERTIFICATION FOR19
	172	+	SHORT-TERM TREATMENT IS FILED. UPON THE FILING OF A CERTIFICATION20
	173	+	FOR SHORT-TERM TREATMENT PURSUANT TO SECTION 27-65-108.5, THE21
	174	+	BEHAVIORAL HEALTH ADMINISTRATION IN THE DEPARTMENT SHALL ,22
	175	+	DIRECTLY OR THROUGH A CONTRACT , PROVIDE CARE COORDINATION23
	176	+	SERVICES PURSUANT TO SECTION 27-65-108.24
146	177		(a.2) T
147		-	HE COURT MAY FORGO ANY ORDER OF RESTORATION AND
148		-	DISMISS THE CHARGES WITHOUT PREJUDICE IN THE INTEREST OF JUSTICE
149		-	WHEN A CERTIFICATION FOR SHORT
150		-	-TERM TREATMENT PROCEEDINGS IS
151		-	INITIATED AND WHEN ALL OF THE DEFENDANT
152		-	'S CHARGES ARE SUBJECT TO
	178	+	HE COURT MAY FORGO ANY ORDER OF RESTORATION AND25
	179	+	DISMISS THE CHARGES WITHOUT PREJUDICE IN THE INTEREST OF JUSTICE 26
	180	+	WHEN A CERTIFICATION FOR SHORT -TERM TREATMENT PROCEEDINGS IS27
	181	+	1138
	182	+	-5- INITIATED AND WHEN ALL OF THE DEFENDANT 'S CHARGES ARE SUBJECT TO1
	183	+	SECTION 16-8.5-116 (7).2
	184	+	(a.3) I
	185	+	F THE COURT ORDERS THE INITIATION OF CERTIFICATION FOR3
	186	+	SHORT-TERM TREATMENT PROCEEDINGS AND ANY CHARGE AGAINST THE4
	187	+	DEFENDANT IS NOT SUBJECT TO SECTION 16-8.5-116 (7) OR THE COURT5
	188	+	DOES NOT ORDER DISMISSAL OF THE CASE PURSUANT TO SUBSECTION (1)6
	189	+	OF THIS SECTION, WITH AGREEMENT OF THE PARTIES , THE COURT MAY7
	190	+	STAY THE RESTORATION ORDER TO ALLOW CERTIFICATION FOR8
	191	+	SHORT-TERM TREATMENT PROCEEDINGS TO OCCUR AND TO ALLOW THE9
	192	+	DISTRICT ATTORNEY TO CONSIDER WHETHER DISMISSAL OF THE CASE IS10
	193	+	APPROPRIATE. TO ENABLE EVALUATION OF WHETHER DISMISSAL IS11
	194	+	APPROPRIATE WHILE THE CRIMINAL MATTER IS PENDING , THE DEFENDANT,12
	195	+	THE DEFENDANT'S ATTORNEY IN THE CRIMINAL MATTER , AND THE13
	196	+	PROSECUTING ATTORNEY IN THE CRIMINAL MATTER IN WHICH14
	197	+	COMPETENCY IS PENDING SHALL HAVE ACCESS TO THE FOLLOWING15
	198	+	LIMITED INFORMATION ABOUT ANY PROCEEDINGS PURSUANT TO SECTION16
	199	+	27-65-108.5,
	200	+	27-65-109, 27-65-110, OR 27-65-111. THE INFORMATION17
	201	+	MUST BE KEPT CONFIDENTIAL UNLESS DISCLOSURE IS OTHERWISE18
	202	+	AUTHORIZED BY LAW. THE COURT SHALL NOT EXTEND THE CRIMINAL CASE19
	203	+	PAST THE TIME LIMITS SET FORTH IN SECTION 16-8.5-116, AND20
	204	+	INFORMATION MUST NOT BE SHARED PURSUANT TO THIS SUBSECTION21
	205	+	(2)(a.3)
	206	+	AFTER DISMISSAL OF THE CRIMINAL CASE UNLESS OTHERWISE22
	207	+	ALLOWED BY SECTION 27-65-123 OR OTHER LAW . THE LIMITED23
	208	+	INFORMATION ALLOWED TO BE SHARED WITH THE DEFENDANT , THE24
	209	+	DEFENDANT'S CRIMINAL ATTORNEY, OR THE PROSECUTING ATTORNEY25
	210	+	PURSUANT TO THIS SUBSECTION (2)(a.3) INCLUDES:26
	211	+	(I) W
	212	+	HETHER CIVIL PROCEEDINGS ARE PENDING OR ONGOING ;27
	213	+	1138
	214	+	-6- (II) WHETHER THE DEFENDANT IS SUBJECT TO A CERTIFICATION1
	215	+	FOR SHORT-TERM OR LONG-TERM TREATMENT AND WHETHER THE2
	216	+	DEFENDANT IS BEING TREATED IN AN INPATIENT OR OUTPATIENT SETTING ;3
	217	+	(III) W
	218	+	HEN PROCEEDINGS ARE OCCURRING , EVEN IF THE4
	219	+	PROCEEDINGS ARE CONFIDENTIAL OR CLOSED TO THE PROSECUTING5
	220	+	ATTORNEY OR DEFENDANT 'S CRIMINAL ATTORNEY; AND6
	221	+	(IV) T
	222	+	HE ULTIMATE OUTCOME OF THE PROCEEDING .7
	223	+	(b) (II) (B) As a condition of bond, the court shall order that the8
	224	+	restoration take place on an outpatient basis. Pursuant to section9
	225	+	27-60-105, the behavioral health administration in the
	226	+	department is the10
	227	+	entity responsible for the oversight of restoration education and11
	228	+	coordination of all competency restoration services. As a condition of12
	229	+	release for outpatient restoration services, the court may require pretrial13
	230	+	services, if available, to work with the behavioral health administration14
	231	+	THE DEPARTMENT and the restoration services provider under contract15
	232	+	with the behavioral health administration to assist in securing appropriate16
	233	+	support and care management services, which may include housing17
	234	+	resources. The individual agency responsible for providing outpatient18
	235	+	restoration services for the defendant shall notify the court or other19
	236	+	designated agency within twenty-one days if restoration services have not20
	237	+	commenced
	238	+	AND SHALL NOTIFY THE COURT OF EFFORTS THAT HAVE BEEN21
	239	+	MADE TO ENGAGE THE DEFENDANT IN SERVICES .22
	240	+	SECTION 3. In Colorado Revised Statutes, 16-8.5-116, amend23
	241	+	(2)(b)(IV), (6)(b), and (10); and add (2)(b)(IV.3) and (2)(b)(IV.5) as24
	242	+	follows:25
	243	+	16-8.5-116. Certification - reviews - termination of26
	244	+	proceedings - rules. (2) (b) On and after July 1, 2020, at least ten days27
	245	+	1138
	246	+	-7- before each review, the individual or entity evaluating the defendant1
	247	+	shall provide the court with a report describing:2
	248	+	(IV) Whether the defendant meets the requirements for3
	249	+	certification set forth in article 65 of title 27 or is eligible for services4
	250	+	pursuant to article 10.5 of title 27 MEETS THE CRITERIA FOR AN5
	251	+	EMERGENCY MENTAL HEALTH HOLD PURSUANT TO SECTION 27-65-106;6
	252	+	(IV.3) W
	253	+	HETHER THE DEFENDANT M EETS THE CRITERIA FOR A7
	254	+	CERTIFICATION FOR SHORT-TERM TREATMENT PURSUANT TO SECTION8
	255	+	27-65-108.5
	256	+	OR 27-65-109 AND, IF THE DEFENDANT MEETS SUCH CRITERIA,9
	257	+	WHETHER THE EVALUATOR BELIEVES THE DEFENDANT COULD BE TREATED10
	258	+	ON AN OUTPATIENT BASIS PURSUANT TO SECTION 27-65-111. IN ASSESSING11
	259	+	WHETHER A DEFENDANT WITH A PENDING CRIMINAL CHARGE IS A DANGER12
	260	+	TO SELF OR OTHERS OR IS GRAVELY DISABLED , IF THE PERSON IS13
	261	+	INCARCERATED, THE EVALUATOR SHALL NOT RELY ON THE FACT THAT THE14
	262	+	DEFENDANT IS INCARCERATED OR IS AN INPATIENT IN A MEDICAL FACILITY15
	263	+	TO ESTABLISH THE DEFENDANT IS NOT A DANGER TO SELF OR OTHERS OR16
	264	+	IS NOT GRAVELY DISABLED.17
	265	+	(IV.5) W
	266	+	HETHER THE DEFENDANT HAS AN INTELLECTUAL AND18
	267	+	DEVELOPMENTAL DISABILITY , AS DEFINED IN SECTION 25.5-10-202, AND19
	268	+	IF THE DEFENDANT DOES HAVE SUCH A DISABILITY , WHETHER THE20
	269	+	DEFENDANT
	270	+	MAY BE ELIGIBLE FOR ANY ADDITIONAL SERVICES PURSUANT21
	271	+	TO ARTICLE 10 OF TITLE 25.5 OR ARTICLE 10.5 OF TITLE 27.22
	272	+	(6) Notwithstanding the time periods provided in subsections (7),23
	273	+	(8), and (9) of this section and to ensure compliance with relevant24
	274	+	constitutional principles, for any offense for which the defendant is25
	275	+	ordered to receive competency restoration services in an inpatient or26
	276	+	outpatient setting, if the court determines, based on available evidence,27
	277	+	1138
	278	+	-8- that there is not a substantial probability that the defendant will be1
	279	+	restored to competency within the reasonably foreseeable future, the court2
	280	+	may order the defendant's release from commitment pursuant to this3
	281	+	article 8.5 through one or more of the following means:4
	282	+	(b) I
	283	+	F THE COURT FINDS REASONABLE GROUNDS TO BELIEVE THE5
	284	+	DEFENDANT MEETS CRITERIA FOR A CERTIFICATION FOR SHORT -TERM6
	285	+	TREATMENT PURSUANT TO SECTION 27-65-108.5 OR 27-65-109, the court7
	286	+	may in coordination with the county attorney or district attorney required
	287	+	8
	288	+	to conduct proceedings pursuant to section 27-65-113 (6) for the county9
	289	+	in which the defendant is charged, order the commencement of10
	290	+	certification proceedings pursuant to the provisions of article 65 of title11
	291	+	27 if the defendant meets the requirements for certification pursuant to12
	292	+	article 65 of title 27 ORDER THE DISTRICT ATTORNEY, OR UPON REQUEST13
	293	+	FROM THE DISTRICT ATTORNEY, A PROFESSIONAL PERSON, AS DEFINED IN14
	294	+	SECTION 27-65-102, A REPRESENTATIVE OF THE BEHAVIORAL HEALTH15
	295	+	ADMINISTRATION IN THE DEPARTMENT , OR A REPRESENTATIVE OF THE16
	296	+	OFFICE OF CIVIL AND FORENSIC MENTAL HEALTH TO INITIATE , IN A COURT17
	297	+	WITH JURISDICTION, A PROCEEDING FOR A CERTIFICATION FOR18
	298	+	SHORT-TERM TREATMENT OF THE DEFENDANT PURSUANT TO SECTION19
	299	+	27-65-108.5
	300	+	OR 27-65-109;20
	301	+	(10) Prior to the dismissal of charges pursuant to subsection (1),21
	302	+	(4), (6), (7), (8), or (9) of this section, the court shall identify whether the
	303	+	22
	304	+	defendant meets the requirements for certification pursuant to article 6523
	305	+	of title 27, or for the provision of services pursuant to article 10.5 of title24
	306	+	27, or whether the defendant will agree to a voluntary commitment25
	307	+	UNLESS THE COURT HAS ALREADY ORDERED A PERSON TO INITIATE26
	308	+	PROCEEDINGS FOR A CERTIFICATION FOR SHORT -TERM TREATMENT, THE27
	309	+	1138
	310	+	-9- COURT SHALL MAKE FINDINGS WHETHER THERE ARE REASONABLE1
	311	+	GROUNDS TO BELIEVE THE PERSON MEETS THE STANDARD FOR A2
	312	+	CERTIFICATION FOR SHORT-TERM TREATMENT. If the court finds the3
	313	+	requirements for certification or provision of services are met or the4
	314	+	defendant does not agree to a voluntary commitment THERE ARE5
	315	+	REASONABLE GROUNDS , the court may stay the dismissal for twenty-one6
	316	+	THIRTY-FIVE days and notify the department and county attorney or7
	317	+	district attorney required to conduct proceedings pursuant to section8
	318	+	27-65-113 (6) in the relevant jurisdiction of the pending dismissal so as9
	319	+	to provide the department and the county attorney or district attorney with10
	320	+	the ANY PROFESSIONAL PERSON , AS DEFINED IN SECTION 27-65-102, A11
	321	+	REPRESENTATIVE OF THE BEHAVIORAL HEALTH ADMINISTRATION IN THE12
	322	+	DEPARTMENT, OR A REPRESENTATIVE OF THE OFFICE OF CIVIL AND13
	323	+	FORENSIC MENTAL HEALTH WHO HAS RECENTLY TREATED OR INTERACTED14
	324	+	WITH THE DEFENDANT THAT THERE ARE REASONABLE GROUNDS FOR15
	325	+	SHORT-TERM TREATMENT AND AFFORD THE PERSON AN opportunity to16
	326	+	pursue certification proceedings or the provision of TO ARRANGE17
	327	+	necessary services.18
	328	+	SECTION 4. In Colorado Revised Statutes, 19-2.5-704, amend19
	329	+	(2)(b) as follows:20
	330	+	19-2.5-704. Procedure after determination of competency or21
	331	+	incompetency. (2) (b) Pursuant to section 27-60-105, the behavioral22
	332	+	health administration in the department of human services is the entity23
	333	+	responsible for the oversight of restoration education and coordination of24
	334	+	services necessary to competency restoration.25
	335	+	SECTION 5. In Colorado Revised Statutes, add 27-65-108.5 as26
	336	+	follows:27
	337	+	1138
	338	+	-10- 27-65-108.5. Court-ordered certification for short-term1
	339	+	treatment for incompetent defendants in a criminal matter - contents2
	340	+	of petition - procedure to contest petition - commitment to behavioral3
	341	+	health administration - definition. (1) U
	342	+	PON PETITION OF THE DISTRICT4
	343	+	ATTORNEY, A PROFESSIONAL PERSON, A REPRESENTATIVE OF THE BHA, OR5
	344	+	A REPRESENTATIVE OF THE OFFICE OF CIVIL AND FORENSIC MENTAL6
	345	+	HEALTH, A COURT MAY CERTIFY A PERSON FOR SHORT -TERM TREATMENT7
	346	+	FOR NOT MORE THAN THREE MONTHS UNDER THE FOLLOWING CONDITIONS :8
	347	+	(a) T
	348	+	HE PERSON IS A RESPONDENT IN A CRIMINAL MATTER IN WHICH9
	349	+	THE PERSON HAS BEEN FOUND INCOMPETENT TO PROCEED ;10
	350	+	(b) T
	351	+	HE COURT HEARING THE CRIMINAL MATTER REFERRED THE11
	352	+	MATTER FOR FILING OF A PETITION PURSUANT TO SECTION 16-8.5-111 OR12
	353	+	16-8.5-116;13
	354	+	(c) T
	355	+	HE PERSON HAS BEEN ADVISED OF THE AVAILABILITY OF , BUT14
	356	+	HAS NOT ACCEPTED , VOLUNTARY TREATMENT , OR, IF REASONABLE15
	357	+	GROUNDS EXIST TO BELIEVE THAT THE PERSON WILL NOT REMAIN IN A16
	358	+	VOLUNTARY TREATMENT PROGRAM , THE PERSON'S ACCEPTANCE OF17
	359	+	VOLUNTARY TREATMENT DOES NOT PRECLUDE CERTIFICATION ;18
	360	+	(d) T
	361	+	HE FACILITY OR COMMUNITY PROVIDER THAT WILL PROVIDE19
	362	+	SHORT-TERM TREATMENT HAS BEEN DESIGNATED OR APPROVED BY THE20
	363	+	COMMISSIONER TO PROVIDE SUCH TREATMENT ; AND21
	364	+	(e) T
	365	+	HE PERSON, THE PERSON'S LEGAL GUARDIAN, AND THE22
	366	+	PERSON'S LAY PERSON, IF APPLICABLE, HAVE BEEN ADVISED OF THE23
	367	+	PERSON'S RIGHT TO AN ATTORNEY AND TO CONTEST THE CERTIFICATION24
	368	+	FOR SHORT-TERM TREATMENT.25
	369	+	(2) T
	370	+	HE PETITION FILED PURSUANT TO SUBSECTION (1) OF THIS26
	371	+	SECTION MUST:27
	372	+	1138
	373	+	-11- (a) STATE SUFFICIENT FACTS TO ESTABLISH REASONABLE GROUNDS1
	374	+	THAT THE RESPONDENT HAS A MENTAL HEALTH DISORDER AND , AS A2
	375	+	RESULT OF THE MENTAL HEALTH DISORDER , IS A DANGER TO THE3
	376	+	RESPONDENT'S SELF OR OTHERS OR IS GRAVELY DISABLED;4
	377	+	(b) B
	378	+	E ACCOMPANIED BY A REPORT OF THE COMPETENCY5
	379	+	EVALUATOR OR PROFESSIONAL PERSON WHO HAS EVALUATED THE6
	380	+	RESPONDENT WITHIN FIFTY -SIX DAYS BEFORE SUBMISSION OF THE7
	381	+	PETITION, UNLESS THE RESPONDENT WHOSE CERTIFICATION IS S OUGHT HAS8
	382	+	REFUSED TO SUBMIT TO AN EVALUATION OR THE RESPONDENT CANNOT BE9
	383	+	EVALUATED DUE TO THE RESPONDENT 'S CONDITION;10
	384	+	(c) B
	385	+	E FILED WITHIN FOURTEEN DAYS AFTER THE INITIATING PARTY11
	386	+	RECEIVED THE COURT ORDER FROM THE CRIMINAL COURT INITIATING THE12
	387	+	PROCESS;13
	388	+	(d) B
	389	+	E FILED WITH THE COURT IN THE COUNTY WHERE THE14
	390	+	RESPONDENT RESIDED OR WAS PHYSICALLY PRESENT IMMEDIATELY PRIOR15
	391	+	TO THE FILING OF THE PETITION; EXCEPT THAT IF THE PERSON WAS16
	392	+	ARRESTED FOR THE PRIOR CASE AND HELD IN CUSTODY , THE PETITION MAY17
	393	+	BE FILED IN THE COUNTY WHERE THE RESPONDENT RESIDED OR WAS18
	394	+	PHYSICALLY PRESENT IMMEDIATELY PRIOR TO THE RESPONDENT 'S ARREST;19
	395	+	AND20
	396	+	(e) P
	397	+	ROVIDE RECOMMENDATIONS IF ANY CERTIFICATION SHOULD21
	398	+	OCCUR ON AN INPATIENT OR OUTPATIENT BASIS .22
	399	+	(3) W
	400	+	ITHIN TWENTY-FOUR HOURS AFTER CERTIFICATION , COPIES23
	401	+	OF THE CERTIFICATION MUST BE PERSONALLY DELIVERED TO THE24
	402	+	RESPONDENT, THE BHA, OR THE OFFICE OF CIVIL AND FORENSIC MENTAL25
	403	+	HEALTH. THE DEPARTMENT SHALL RETAIN A COPY AS PART OF THE26
	404	+	RESPONDENT'S RECORD. IF THE CRIMINAL CASE IS PENDING, OR NOT YET27
	405	+	1138
	406	+	-12- DISMISSED, NOTICE OF THE FILING OF THE PETITION SHOULD BE GIVEN BY1
	407	+	THE PETITIONING PARTY TO THE CRIMINAL COURT , WHICH SHALL PROVIDE2
	408	+	SUCH NOTICE TO THE PROSECUTING AND DEFENSE ATTORNEYS IN THE3
	409	+	CRIMINAL CASE AND ANY ATTORNEY APPOINTED PURS UANT TO SECTION4
	410	+	27-65-113.
	411	+	THE COURT SHALL ASK THE RESPONDENT TO DESIGNATE ONE5
	412	+	OTHER PERSON WHOM THE RESPONDENT WANTS TO BE INFORMED6
	413	+	REGARDING THE PETITION. IF THE RESPONDENT IS INCAPABLE OF MAKING7
	414	+	SUCH A DESIGNATION AT THE TIME THE PETITION IS DELIVERED, THE COURT8
	415	+	MAY ASK THE RESPONDENT TO DESIGNATE SUCH PERSON AS SOON AS THE9
	416	+	RESPONDENT IS CAPABLE.10
	417	+	(4) W
	418	+	HENEVER A PETITION IS FILED PURSUANT TO THIS SECTION ,11
	419	+	THE COURT SHALL IMMEDIATELY APPOINT AN ATTORNEY TO REPRESENT12
	420	+	THE RESPONDENT. THE COURT SHALL PROVIDE THE RESPONDENT WITH A13
	421	+	WRITTEN NOTICE THAT THE RESPONDENT HAS A RIGHT TO A HEARING ON14
	422	+	THE PETITION AND MAY MAKE A WRITTEN REQUEST FOR A JURY TRIAL . THE15
	423	+	RESPONDENT HAS THE RIGHT TO AN ATTORNEY FOR ALL PROCEEDINGS16
	424	+	CONDUCTED PURSUANT TO THIS SECTION , INCLUDING ANY APPEALS. THE17
	425	+	ATTORNEY REPRESENTING THE RESPONDENT MUST BE PROVIDED WITH A18
	426	+	COPY OF THE PETITION AND ANY SUPPORTING MATERIALS IMMEDIATELY19
	427	+	UPON THE ATTORNEY'S APPOINTMENT. THE RESPONDENT MAY ONLY WAIVE20
	428	+	COUNSEL WHEN THE RESPONDENT MAKES A KNOWING AND VOLUNTARY21
	429	+	WAIVER IN FRONT OF THE COURT.22
	430	+	(5) U
	431	+	PON THE FILING OF THE PETITION PURSUANT TO THIS SECTION23
	432	+	AND AFFORDING THE RESPONDENT A CHANCE TO CONTEST THE PETITION ,24
	433	+	THE COURT MAY GRANT OR DENY CERTIFICATION BASED ON THE FACTS25
	434	+	ESTABLISHED IN THE PETITION, SUBJECT TO THE COURT'S FURTHER REVIEW26
	435	+	OR A JURY TRIAL.27
	436	+	1138
	437	+	-13- (6) WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE PETITION FILED1
	438	+	PURSUANT TO THIS SECTION, THE RESPONDENT, OR THE RESPONDENT'S2
	439	+	ATTORNEY, MAY REQUEST A JURY TRIAL BY FILING A WRITTEN MOTION3
	440	+	WITH THE COURT.4
	441	+	(7) T
	442	+	HE RESPONDENT MAY KNOWINGLY AND VOLUNTARILY5
	443	+	CONSENT IN WRITING TO THE PETITION.6
	444	+	(8) T
	445	+	HE RESPONDENT OR THE RESPONDENT 'S ATTORNEY MAY, AT7
	446	+	ANY TIME, FILE A WRITTEN REQUEST FOR THE COURT TO REVIEW8
	447	+	SHORT-TERM CERTIFICATION OR REQUEST THAT INPATIENT CERTIFICATION9
	448	+	BE CHANGED TO OUTPATIENT TREATMENT . IF THE REVIEW IS REQUESTED,10
	449	+	THE COURT SHALL HEAR THE MATTER WITHIN FOURTEEN DAYS AFTER THE11
	450	+	REQUEST, AND THE COURT SHALL GIVE NOTICE TO THE RESPONDENT , THE12
	451	+	RESPONDENT'S ATTORNEY, THE DEPARTMENT, AND THE COMMUNITY OR13
	452	+	FACILITY PROVIDER WHO IS OR WILL PROVIDE TREATMENT . THE HEARING14
	453	+	MUST BE HELD IN ACCORDANCE WITH SECTION 27-65-113. AT THE15
	454	+	CONCLUSION OF THE HEARING, THE COURT MAY ENTER OR CONFIRM THE16
	455	+	CERTIFICATION FOR SHORT -TERM TREATMENT , DISCHARGE THE17
	456	+	RESPONDENT, OR ENTER ANY OTHER APPROPRIATE ORDER .18
	457	+	(9) S
	458	+	ECTION 27-65-109 (7) TO (10) APPLIES TO PROCEEDINGS HELD19
	459	+	PURSUANT TO THIS SECTION.20
	460	+	(10) I
	461	+	N ASSESSING WHETHER THE RESPONDENT WITH A PENDING21
	462	+	CRIMINAL CHARGE IS A DANGER TO SELF OR OTHERS OR IS GRAVELY22
	463	+	DISABLED, IF THE PERSON IS INCARCERATED, THE PROFESSIONAL PERSON23
	464	+	AND COURT SHALL NOT RELY UPON THE FACT THAT THE PERSON IS24
	465	+	INCARCERATED TO ESTABLISH THAT THE RESPONDENT IS NOT A DANGER25
	466	+	TO SELF OR OTHERS OR IS NOT GRAVELY DISABLED .26
	467	+	(11) A
	468	+	N EMERGENCY MENTAL HEALTH HOLD PURSUANT TO27
	469	+	1138
	470	+	-14- SECTION 27-65-106 IS NOT A PREREQUISITE TO A PROCEEDING PURSUANT1
	471	+	TO THIS SECTION.2
	472	+	(12) F
	473	+	OR THE PURPOSES OF THIS SECTION ONLY , "RESPONDENT"3
	474	+	MEANS THE DEFENDANT IN THE REFERRING CRIMINAL MATTER .4 SECTION 6. In Colorado Revised Statutes, 13-5-142, amend5
	475	+	(1)(c) as follows:6
	476	+	13-5-142. National instant criminal background check system7
	477	+	- reporting. (1) On and after March 20, 2013, the state court8
	478	+	administrator shall send electronically the following information to the9
	479	+	Colorado bureau of investigation created pursuant to section 24-33.5-401,10
	480	+	referred to in this section as the "bureau":11
	481	+	(c) The name of each person with respect to whom the court has12
	482	+	entered an order for involuntary certification for short-term treatment of13
	483	+	a mental health disorder pursuant to section 27-65-108.5 OR 27-65-109,14
	484	+	for extended certification for treatment of a mental health disorder15
	485	+	pursuant to section 27-65-109 (10), or for long-term care and treatment16
	486	+	of a mental health disorder pursuant to section 27-65-110.17
	487	+	SECTION 7. In Colorado Revised Statutes, 13-5-142.5, amend18
	488	+	(2)(a)(III) as follows:19
	489	+	13-5-142.5. National instant criminal background check20
	490	+	system - judicial process for awarding relief from federal21
	491	+	prohibitions - legislative declaration. (2) Eligibility. A person may22
	492	+	petition for relief pursuant to this section if:23
	493	+	(a) (III) The court has entered an order for the person's involuntary24
	494	+	certification for short-term treatment of a mental health disorder pursuant25
	495	+	to section 27-65-108.5 OR 27-65-109, for extended certification for26
	496	+	treatment of a mental health disorder pursuant to section 27-65-109 (10),27
	497	+	1138
	498	+	-15- or for long-term care and treatment of a mental health disorder pursuant1
	499	+	to section 27-65-110; and2
	500	+	SECTION 8. In Colorado Revised Statutes, amend 13-5-142.83
	501	+	as follows:4
	502	+	13-5-142.8. Notice by professional persons. Under sections5
	503	+	13-9-123 (1), 13-9-124 (2), 13-5-142 (1), and 13-5-142.5 (2), an order for6
	504	+	involuntary certification for short-term treatment of a mental health7
	505	+	disorder pursuant to section 27-65-108.5 OR 27-65-109 must also include8
	506	+	a notice filed by a professional person pursuant to section 27-65-108.5 OR9
	507	+	27-65-109, and an order for extended certification for treatment of a10
	508	+	mental health disorder pursuant to section 27-65-109 (10) must also11
	509	+	include a notice filed by a professional person pursuant to section12
	510	+	27-65-109 (10).13
	511	+	SECTION 9. In Colorado Revised Statutes, 13-9-123, amend14
	512	+	(1)(c) as follows:15
	513	+	13-9-123. National instant criminal background check system16
	514	+	- reporting. (1) On and after March 20, 2013, the state court17
	515	+	administrator shall send electronically the following information to the18
	516	+	Colorado bureau of investigation created pursuant to section 24-33.5-401,19
	517	+	referred to in this section as the "bureau":20
	518	+	(c) The name of each person with respect to whom the court has21
	519	+	entered an order for involuntary certification for short-term treatment of22
	520	+	a mental health disorder pursuant to section 27-65-108.5 OR 27-65-109,23
	521	+	for extended certification for treatment of a mental health disorder24
	522	+	pursuant to section 27-65-109 (10), or for long-term care and treatment25
	523	+	of a mental health disorder pursuant to section 27-65-110.26
	524	+	SECTION 10. In Colorado Revised Statutes, 13-9-124, amend27
	525	+	1138
	526	+	-16- (2)(a)(III) as follows:1
	527	+	13-9-124. National instant criminal background check system2
	528	+	- judicial process for awarding relief from federal prohibitions -3
	529	+	legislative declaration. (2) Eligibility. A person may petition for relief4
	530	+	pursuant to this section if:5
	531	+	(a) (III) The court has entered an order for the person's involuntary6
	532	+	certification for short-term treatment of a mental health disorder pursuant7
	533	+	to section 27-65-108.5 OR 27-65-109, for extended certification for8
	534	+	treatment of a mental health disorder pursuant to section 27-65-109 (10),9
	535	+	or for long-term care and treatment of a mental health disorder pursuant10
	536	+	to section 27-65-110; and11
	537	+	SECTION 11. In Colorado Revised Statutes, 25-3-102.1, amend12
	538	+	(1)(c) as follows:13
	539	+	25-3-102.1. Deemed status for certain facilities. (1) (c) Upon14
	540	+	submission of a completed application for license renewal, the department15
	541	+	of public health and environment shall accept proof of the accreditation16
	542	+	in lieu of licensing inspections or other requirements. Nothing in this17
	543	+	section exempts an accredited health facility from inspections or from18
	544	+	other forms of oversight by the department as necessary to ensure public19
	545	+	health and safety. Nothing in this section prevents the department of20
	546	+	public health and environment from conducting an inspection of a21
	547	+	hospital or other health facility described in section 25-3-101 to22
	548	+	investigate a complaint regarding the provisions of section 27-65-106,23
	549	+	27-65-107, 27-65-108.5, 27-65-109, 27-65-110, or 27-65-119 to the24
	550	+	extent the complaint is applicable to health facilities licensed by the25
	551	+	department of public health and environment.26
	552	+	SECTION 12. In Colorado Revised Statutes, 26-20-103, amend27
	553	+	1138
	554	+	-17- (3) as follows:1
	555	+	26-20-103. Basis for use of restraint or seclusion. (3) In2
	556	+	addition to the circumstances described in subsection (1) of this section,3
	557	+	a facility, as defined in section 27-65-102, that is designated by the4
	558	+	commissioner of the behavioral health administration in the state5
	559	+	department to provide treatment pursuant to section 27-65-106,6
	560	+	27-65-108, 27-65-108.5, 27-65-109, or 27-65-110 to an individual with7
	561	+	a mental health disorder, as defined in section 27-65-102, may use8
	562	+	seclusion to restrain an individual with a mental health disorder when the9
	563	+	seclusion is necessary to eliminate a continuous and serious disruption of10
	564	+	the treatment environment.11
	565	+	SECTION 13. In Colorado Revised Statutes, amend as it will12
	566	+	become effective July 1, 2024, 27-65-108 as follows:13
	567	+	27-65-108. Care coordination for persons certified or in need14
	568	+	of ongoing treatment. (1) A facility designated by the commissioner15
	569	+	shall notify and engage the BHA prior to terminating or transferring a16
	570	+	person certified pursuant to section 27-65-108.5, 27-65-109, 27-65-110,17
	571	+	or 27-65-111. The BHA may provide care coordination services to18
	572	+	support a person whose certification is terminated but who is in need of19
	573	+	ongoing treatment and services.20
	574	+	(2) The BHA shall, directly or through
	575	+	A contract, provide care21
	576	+	coordination services to a person certified pursuant to section22
	577	+	27-65-108.5, 27-65-109, 27-65-110, or 27-65-111 and determined by the23
	578	+	designated facility and the BHA to need care coordination services.24
153	579		SECTION
154		-	16-8.5-116 (7).
155		-	(a.3) I
156		-	F THE COURT ORDERS THE INITIATION OF CERTIFICATION FOR
157		-	SHORT
158		-	-TERM TREATMENT PROCEEDINGS AND ANY CHARGE AGAINST THE
159		-	DEFENDANT IS NOT SUBJECT TO SECTION
160		-	16-8.5-116 (7) OR THE COURT DOES
161		-	NOT ORDER DISMISSAL OF THE CASE PURSUANT TO SUBSECTION
162		-	(1) OF THIS
	580	+	14. In Colorado Revised Statutes, 27-65-111, amend25
	581	+	as it will become effective July 1, 2024, (1) introductory portion and26
	582	+	(5)(a)(I) as follows:27
	583	+	1138
	584	+	-18- 27-65-111. Certification on an outpatient basis - short-term1
	585	+	and long-term care. (1) Any respondent certified pursuant to section2
	586	+	27-65-108.5, 27-65-109, or 27-65-110 may be provided treatment on an3
	587	+	outpatient basis. The outpatient treatment provider shall develop a4
	588	+	treatment plan for the respondent receiving treatment on an outpatient5
	589	+	basis with the goal of the respondent finding and sustaining recovery. The6
	590	+	treatment plan must include measures to keep the respondent or others7
	591	+	safe, as informed by the respondent's need for certification. The treatment8
	592	+	plan may include, but is not limited to:9
	593	+	(5) (a) In addition to any other limitation on liability, a person10
	594	+	providing care to a respondent placed on short-term or long-term11
	595	+	certification on an outpatient basis is only liable for harm subsequently12
	596	+	caused by or to a respondent who:13
	597	+	(I) Has been terminated from certification despite meeting14
	598	+	statutory criteria for certification pursuant to section 27-65-108.5,15
	599	+	27-65-109, or 27-65-110; or16
	600	+	SECTION 15. In Colorado Revised Statutes, 27-65-112, amend17
	601	+	as it will become effective July 1, 2024, (1) as follows:18
	602	+	27-65-112. Termination of certification for short-term and19
	603	+	long-term treatment. (1) An original or extended certification for20
	604	+	short-term treatment issued pursuant to section 27-65-108.5 OR21
	605	+	27-65-109, or an order or extension for certification for long-term care22
	606	+	and treatment pursuant to section 27-65-110 terminates as soon as the23
	607	+	professional person in charge of treatment of the respondent and the BHA24
	608	+	determine the respondent has received sufficient benefit from the25
	609	+	treatment for the respondent to end involuntary treatment. Whenever a26
	610	+	certification or extended certification is terminated pursuant to this27
	611	+	1138
	612	+	-19- section, the professional person in charge of providing treatment shall1
	613	+	notify the court in writing within five days after the termination.2
	614	+	SECTION 16. In Colorado Revised Statutes, 27-65-113, amend3
	615	+	(1), (5)(a), and (5)(b) as follows:4
	616	+	27-65-113. Hearing procedures - jurisdiction. (1) Hearings5
	617	+	before the court pursuant to section 27-65-108.5, 27-65-109, or6
	618	+	27-65-110 are conducted in the same manner as other civil proceedings7
	619	+	before the court. The burden of proof is on the person or facility seeking8
	620	+	to detain the respondent. The court or jury shall determine that the9
	621	+	respondent is in need of care and treatment only if the court or jury finds10
	622	+	by clear and convincing evidence that the respondent has a mental health11
	623	+	disorder and, as a result of the mental health disorder, is a danger to the12
	624	+	respondent's self or others or is gravely disabled.13
	625	+	(5) (a) In the event that a respondent or a person found not guilty14
	626	+	by reason of impaired mental condition pursuant to section 16-8-103.515
	627	+	(5), or by reason of insanity pursuant to section 16-8-105 (4) or16
	628	+	16-8-105.5, refuses to accept medication, the court having jurisdiction of17
	629	+	the action pursuant to subsection (4) of this section, the court committing18
	630	+	the person or defendant to the custody of the BHA DEPARTMENT pursuant19
	631	+	to section 16-8-103.5 (5), 16-8-105 (4), or 16-8-105.5, or the court of20
	632	+	the jurisdiction in which the designated facility treating the respondent or21
	633	+	person is located has jurisdiction and venue to accept a petition by a22
	634	+	treating physician and to enter an order requiring that the respondent or23
	635	+	person accept such treatment or, in the alternative, that the medication be24
	636	+	forcibly administered to the respondent or person. The court of the25
	637	+	jurisdiction in which the designated facility is located shall not exercise26
	638	+	its jurisdiction without the permission of the court that committed the27
	639	+	1138
	640	+	-20- person to the custody of the BHA DEPARTMENT. Upon the filing of such1
	641	+	a petition, the court shall appoint an attorney, if one has not been2
	642	+	appointed, to represent the respondent or person and hear the matter3
	643	+	within ten days.4
	644	+	(b) In any case brought pursuant to subsection (5)(a) of this5
	645	+	section in a court for the county in which the treating facility is located,6
	646	+	the county where the proceeding was initiated pursuant to subsection (4)7
	647	+	of this section or the court committing the person to the custody of the8
	648	+	BHA DEPARTMENT pursuant to section 16-8-103.5 (5), 16-8-105 (4), or9
	649	+	16-8-105.5 shall either reimburse the county in which the proceeding10
	650	+	pursuant to this subsection (5) was filed and in which the proceeding was11
	651	+	held for the reasonable costs incurred in conducting the proceeding or12
	652	+	conduct the proceeding itself using its own personnel and resources,13
	653	+	including its own district or county attorney, as the case may be.14
	654	+	SECTION 17. In Colorado Revised Statutes, 27-65-119, amend15
	655	+	as it will become effective July 1, 2023, (1) introductory portion as16
	656	+	follows:17
	657	+	27-65-119. Rights of respondents certified for short-term18
	658	+	treatment or long-term care and treatment. (1) Each EACH respondent19
	659	+	certified for short-term treatment or long-term care and treatment on an20
	660	+	inpatient basis pursuant to sections 27-65-108.5, 27-65-109, and21
	661	+	27-65-110 has the following rights and shall be advised of such rights by22
	662	+	the facility:23
	663	+	SECTION 18. In Colorado Revised Statutes, 27-66.5-102,24
	664	+	amend (3)(a)(II) as follows:25
	665	+	27-66.5-102. Definitions. As used in this article 66.5, unless the26
	666	+	context otherwise requires:27
	667	+	1138
	668	+	-21- (3) "High-risk individual" means a person who:1
	669	+	(a) Has a significant mental health or substance use disorder, as2
	670	+	evidenced by:3
	671	+	(II) A certification for short-term treatment or extended short-term4
	672	+	treatment pursuant to section 27-65-108.5 OR 27-65-109;5
	673	+	SECTION 19. In Colorado Revised Statutes, 27-80-303, amend6
	674	+	(3)(c) as follows:7
	675	+	27-80-303. Office of ombudsman for behavioral health access8
	676	+	to care - creation - appointment of ombudsman - duties. (3) The9
	677	+	ombudsman shall:10
	678	+	(c) Receive and assist consumers and providers in reporting11
	679	+	concerns and filing complaints with appropriate regulatory or oversight12
	680	+	agencies relating to inappropriate care, a procedure for an emergency13
	681	+	mental health hold pursuant to section 27-65-106, a certification for14
	682	+	short-term treatment pursuant to section 27-65-108.5 OR 27-65-109, or a15
	683	+	certification for long-term care and treatment pursuant to section16
	684	+	27-65-110;17
	685	+	SECTION 20. In Colorado Revised Statutes, 27-65-123, add (6)18
	686	+	as follows:19
	687	+	27-65-123. Records. (6) N
	688	+	OTHING IN THIS SECTION PROHIBITS20
	689	+	THE LIMITED DISCLOSURE OF NECESSARY INFORMATION TO THE21
	690	+	PROSECUTING ATTORNEY AND CRIMINAL DEFENSE COUNSEL IF A CRIMINAL22
	691	+	CASE IS STILL PENDING AGAINST THE PERSON.23
163	692		SECTION
164		-	, WITH AGREEMENT OF THE PARTIES , THE COURT MAY STAY THE
165		-	RESTORATION ORDER TO ALLOW CERTIFICATION FOR SHORT
166		-	-TERM
167		-	TREATMENT PROCEEDINGS TO OCCUR AND TO ALLOW THE DISTRICT
168		-	ATTORNEY TO CONSIDER WHETHER DISMISSAL OF THE CASE IS APPROPRIATE
169		-	.
170		-	T
171		-	O ENABLE EVALUATION OF WHETHER DISMISSAL IS APPROPRIATE WHILE THE
172		-	CRIMINAL MATTER IS PENDING
173		-	, THE DEFENDANT, THE DEFENDANT'S
174		-	ATTORNEY IN THE CRIMINAL MATTER
175		-	, AND THE PROSECUTING ATTORNEY IN
176		-	THE CRIMINAL MATTER IN WHICH COMPETENCY IS PENDING SHALL HAVE
177		-	ACCESS TO THE FOLLOWING LIMITED INFORMATION ABOUT ANY
178		-	PROCEEDINGS PURSUANT TO SECTION
179		-	27-65-108.5, 27-65-109, 27-65-110,
180		-	OR 27-65-111. THE INFORMATION MUST BE KEPT CONFIDENTIAL UNLESS
181		-	DISCLOSURE IS OTHERWISE AUTHORIZED BY LAW
182		-	. THE COURT SHALL NOT
183		-	EXTEND THE CRIMINAL CASE PAST THE TIME LIMITS SET FORTH IN SECTION
184		-	16-8.5-116, AND INFORMATION MUST NOT BE SHARED PURSUANT TO THIS
185		-	SUBSECTION
186		-	(2)(a.3) AFTER DISMISSAL OF THE CRIMINAL CASE UNLESS
187		-	OTHERWISE ALLOWED BY SECTION
188		-	27-65-123 OR OTHER LAW. THE LIMITED
189		-	INFORMATION ALLOWED TO BE SHARED WITH THE DEFENDANT
190		-	, THE
191		-	DEFENDANT
192		-	'S CRIMINAL ATTORNEY , OR THE PROSECUTING ATTORNEY
193		-	PURSUANT TO THIS SUBSECTION
194		-	(2)(a.3) INCLUDES:
195		-	(I) W
196		-	HETHER CIVIL PROCEEDINGS ARE PENDING OR ONGOING ;
197		-	(II) W
198		-	HETHER THE DEFENDANT IS SUBJECT TO A CERTIFICATION FOR
199		-	SHORT
200		-	-TERM OR LONG-TERM TREATMENT AND WHETHER THE DEFENDANT IS
201		-	BEING TREATED IN AN INPATIENT OR OUTPATIENT SETTING
202		-	;
203		-	PAGE 4-HOUSE BILL 23-1138 (III) WHEN PROCEEDINGS ARE OCCURRING , EVEN IF THE
204		-	PROCEEDINGS ARE CONFIDENTIAL OR CLOSED TO THE PROSECUTING
205		-	ATTORNEY OR DEFENDANT
206		-	'S CRIMINAL ATTORNEY; AND
207		-	(IV) THE ULTIMATE OUTCOME OF THE PROCEEDING .
208		-	(b) (II) (B) As a condition of bond, the court shall order that the
209		-	restoration take place on an outpatient basis. Pursuant to section 27-60-105,
210		-	the behavioral health administration in the
211		-	department is the entity
212		-	responsible for the oversight of restoration education and coordination of
213		-	all competency restoration services. As a condition of release for outpatient
214		-	restoration services, the court may require pretrial services, if available, to
215		-	work with the behavioral health administration
216		-	THE DEPARTMENT and the
217		-	restoration services provider under contract with the behavioral health
218		-	administration to assist in securing appropriate support and care
219		-	management services, which may include housing resources. The individual
220		-	agency responsible for providing outpatient restoration services for the
221		-	defendant shall notify the court or other designated agency within
222		-	twenty-one days if restoration services have not commenced
223		-	AND SHALL
224		-	NOTIFY THE COURT OF EFFORTS THAT HAVE BEEN MADE TO ENGAGE THE
225		-	DEFENDANT IN SERVICES
226		-	.
227		-	SECTION 3. In Colorado Revised Statutes, 16-8.5-116, amend
228		-	(2)(b)(IV), (6)(b), and (10); and add (2)(b)(IV.3) and (2)(b)(IV.5) as
229		-	follows:
230		-	16-8.5-116. Certification - reviews - termination of proceedings
231		-	- rules. (2) (b) On and after July 1, 2020, at least ten days before each
232		-	review, the individual or entity evaluating the defendant
233		-	shall provide the court with a report describing:
234		-	(IV) Whether the defendant meets the requirements for certification
235		-	set forth in article 65 of title 27 or is eligible for services pursuant to article
236		-	10.5 of title 27 MEETS THE CRITERIA FOR AN EMERGENCY MENTAL HEALTH
237		-	HOLD PURSUANT TO SECTION
238		-	27-65-106;
239		-	(IV.3) W
240		-	HETHER THE DEFENDANT M EETS THE CRITERIA FOR A
241		-	CERTIFICATION FOR SHORT
242		-	-TERM TREATMENT PURSUANT TO SECTION
243		-	27-65-108.5 OR 27-65-109 AND, IF THE DEFENDANT MEETS SUCH CRITERIA,
244		-	WHETHER THE EVALUATOR BELIEVES THE DEFENDANT COULD BE TREATED
245		-	PAGE 5-HOUSE BILL 23-1138 ON AN OUTPATIENT BASIS PURSUANT TO SECTION 27-65-111. IN ASSESSING
246		-	WHETHER A DEFENDANT WITH A PENDING CRIMINAL CHARGE IS A DANGER TO
247		-	SELF OR OTHERS OR IS GRAVELY DISABLED
248		-	, IF THE PERSON IS INCARCERATED,
249		-	THE EVALUATOR SHALL NOT RELY ON THE FACT THAT THE DEFENDANT IS
250		-	INCARCERATED OR IS AN INPATIENT IN A MEDICAL FACILITY TO ESTABLISH
251		-	THE DEFENDANT IS NOT A DANGER TO SELF OR OTHERS OR IS NOT GRAVELY
252		-	DISABLED
253		-	.
254		-	(IV.5) W
255		-	HETHER THE DEFENDANT HAS AN INTELLECTUAL AND
256		-	DEVELOPMENTAL DISABILITY
257		-	, AS DEFINED IN SECTION 25.5-10-202, AND IF
258		-	THE DEFENDANT DOES HAVE SUCH A DISABILITY
259		-	, WHETHER THE DEFENDANT
260		-	MAY BE ELIGIBLE FOR ANY ADDITIONAL SERVICES PURSUANT TO ARTICLE
261		-	10
262		-	OF TITLE 25.5 OR ARTICLE 10.5 OF TITLE 27.
263		-	(6) Notwithstanding the time periods provided in subsections (7),
264		-	(8), and (9) of this section and to ensure compliance with relevant
265		-	constitutional principles, for any offense for which the defendant is ordered
266		-	to receive competency restoration services in an inpatient or outpatient
267		-	setting, if the court determines, based on available evidence, that there is not
268		-	a substantial probability that the defendant will be restored to competency
269		-	within the reasonably foreseeable future, the court may order the
270		-	defendant's release from commitment pursuant to this article 8.5 through
271		-	one or more of the following means:
272		-	(b) I
273		-	F THE COURT FINDS REASONABLE GROUNDS TO BELIEVE THE
274		-	DEFENDANT MEETS CRITERIA FOR A CERTIFICATION FOR SHORT
275		-	-TERM
276		-	TREATMENT PURSUANT TO SECTION
277		-	27-65-108.5 OR 27-65-109, the court
278		-	may in coordination with the county attorney or district attorney required to
279		-	conduct proceedings pursuant to section 27-65-113 (6) for the county in
280		-	which the defendant is charged, order the commencement of certification
281		-	proceedings pursuant to the provisions of article 65 of title 27 if the
282		-	defendant meets the requirements for certification pursuant to article 65 of
283		-	title 27 ORDER THE DISTRICT ATTORNEY , OR UPON REQUEST FROM THE
284		-	DISTRICT ATTORNEY
285		-	, A PROFESSIONAL PERSON, AS DEFINED IN SECTION
286		-	27-65-102, A REPRESENTATIVE OF THE BEHAVIORAL HEALTH
287		-	ADMINISTRATION IN THE DEPARTMENT
288		-	, OR A REPRESENTATIVE OF THE OFFICE
289		-	OF CIVIL AND FORENSIC MENTAL HEALTH TO INITIATE
290		-	, IN A COURT WITH
291		-	JURISDICTION
292		-	, A PROCEEDING FOR A CERTIFICATION FOR SHORT -TERM
293		-	TREATMENT OF THE DEFENDANT PURSUANT TO SECTION
294		-	27-65-108.5 OR
295		-	27-65-109;
296		-	PAGE 6-HOUSE BILL 23-1138 (10) Prior to the dismissal of charges pursuant to subsection (1), (4),
297		-	(6), (7), (8), or (9) of this section, the court shall identify whether the
298		-	defendant meets the requirements for certification pursuant to article 65 of
299		-	title 27, or for the provision of services pursuant to article 10.5 of title 27,
300		-	or whether the defendant will agree to a voluntary commitment UNLESS THE
301		-	COURT HAS ALREADY ORDERED A PERSON TO INITIATE PROCEEDINGS FOR A
302		-	CERTIFICATION FOR SHORT
303		-	-TERM TREATMENT, THE COURT SHALL MAKE
304		-	FINDINGS WHETHER THERE ARE REASONABLE GROUNDS TO BELIEVE THE
305		-	PERSON MEETS THE STANDARD FOR A CERTIFICATION FOR SHORT
306		-	-TERM
307		-	TREATMENT
308		-	. If the court finds the requirements for certification orprovision of services are met or the defendant does not agree to a voluntary
309		-	commitment THERE ARE REASONABLE GROUNDS , the court may stay the
310		-	dismissal for twenty-one THIRTY-FIVE days and notify the department and
311		-	county attorney or district attorney required to conduct proceedings
312		-	pursuant to section 27-65-113 (6) in the relevant jurisdiction of the pending
313		-	dismissal so as to provide the department and the county attorney or district
314		-	attorney with the ANY PROFESSIONAL PERSON , AS DEFINED IN SECTION
315		-	27-65-102, A REPRESENTATIVE OF THE BEHAVIORAL HEALTH
316		-	ADMINISTRATION IN THE DEPARTMENT
317		-	, OR A REPRESENTATIVE OF THE OFFICE
318		-	OF CIVIL AND FORENSIC MENTAL HEALTH WHO HAS RECENTLY TREATED OR
319		-	INTERACTED WITH THE DEFENDANT THAT THERE ARE REAS ONABLE GROUNDS
320		-	FOR SHORT
321		-	-TERM TREATMENT AND AFFORD THE PERSON AN opportunity to
322		-	pursue certification proceedings or the provision of
323		-	TO ARRANGE necessary
324		-	services.
325		-	SECTION 4. In Colorado Revised Statutes, 19-2.5-704, amend
326		-	(2)(b) as follows:
327		-	19-2.5-704. Procedure after determination of competency or
328		-	incompetency. (2) (b) Pursuant to section 27-60-105, the behavioral health
329		-	administration in the department of human services is the entity responsible
330		-	for the oversight of restoration education and coordination of services
331		-	necessary to competency restoration.
332		-	SECTION 5. In Colorado Revised Statutes, add 27-65-108.5 as
333		-	follows:
334		-	27-65-108.5. Court-ordered certification for short-term
335		-	treatment for incompetent defendants in a criminal matter - contents
336		-	of petition - procedure to contest petition - commitment to behavioral
337		-	PAGE 7-HOUSE BILL 23-1138 health administration - definition. (1) U PON PETITION OF THE DISTRICT
338		-	ATTORNEY
339		-	, A PROFESSIONAL PERSON, A REPRESENTATIVE OF THE BHA, OR
340		-	A REPRESENTATIVE OF THE OFFICE OF CIVIL AND FORENSIC MENTAL HEALTH
341		-	,
342		-	A COURT MAY CERTIFY A PERSON FOR SHORT -TERM TREATMENT FOR NOT
343		-	MORE THAN THREE MONTHS UNDER THE FOLLOWING CONDITIONS
344		-	:
345		-	(a) T
346		-	HE PERSON IS A RESPONDENT IN A CRIMINAL MATTER IN WHICH
347		-	THE PERSON HAS BEEN FOUND INCOMPETENT TO PROCEED
348		-	;
349		-	(b) T
350		-	HE COURT HEARING THE CRIMINAL MATTER REFERRED THE
351		-	MATTER FOR FILING OF A PETITION PURSUANT TO SECTION
352		-	16-8.5-111 OR
353		-	16-8.5-116;
354		-	(c) T
355		-	HE PERSON HAS BEEN ADVISED OF THE AVAILABILITY OF , BUT
356		-	HAS NOT ACCEPTED
357		-	, VOLUNTARY TREATMENT, OR, IF REASONABLE GROUNDS
358		-	EXIST TO BELIEVE THAT THE PERSON WILL NOT REMAIN IN A VOLUNTARY
359		-	TREATMENT PROGRAM
360		-	, THE PERSON'S ACCEPTANCE OF VOLUNTARY
361		-	TREATMENT DOES NOT PRECLUDE CERTIFICATION
362		-	;
363		-	(d) T
364		-	HE FACILITY OR COMMUNITY PROVIDER THAT WILL PROVIDE
365		-	SHORT
366		-	-TERM TREATMENT HAS BEEN DESIGNATED OR APPROVED BY THE
367		-	COMMISSIONER TO PROVIDE SUCH TREATMENT
368		-	; AND
369		-	(e) THE PERSON, THE PERSON'S LEGAL GUARDIAN, AND THE PERSON'S
370		-	LAY PERSON
371		-	, IF APPLICABLE, HAVE BEEN ADVISED OF THE PERSON'S RIGHT TO
372		-	AN ATTORNEY AND TO CONTEST THE CERTIFICATION FOR SHORT
373		-	-TERM
374		-	TREATMENT
375		-	.
376		-	(2) T
377		-	HE PETITION FILED PURSUANT TO SUBSECTION (1) OF THIS
378		-	SECTION MUST
379		-	:
380		-	(a) S
381		-	TATE SUFFICIENT FACTS TO ESTABLISH REASONABLE GROUNDS
382		-	THAT THE RESPONDENT HAS A MENTAL HEALTH DISORDER AND
383		-	, AS A RESULT
384		-	OF THE MENTAL HEALTH DISORDER
385		-	, IS A DANGER TO THE RESPONDENT'S SELF
386		-	OR OTHERS OR IS GRAVELY DISABLED
387		-	;
388		-	(b) B
389		-	E ACCOMPANIED BY A REPORT OF THE COMPETENCY
390		-	EVALUATOR OR PROFESSIONAL PERSON WHO HAS EVALUATED THE
391		-	RESPONDENT WITHIN FIFTY
392		-	-SIX DAYS BEFORE SUBMISSION OF THE PETITION,
393		-	UNLESS THE RESPONDENT WHOSE CERTIFICATION IS SOUGHT HAS REFUSED
394		-	PAGE 8-HOUSE BILL 23-1138 TO SUBMIT TO AN EVALUATION OR THE RESPONDENT CANNOT BE EVALUATED
395		-	DUE TO THE RESPONDENT
396		-	'S CONDITION;
397		-	(c) B
398		-	E FILED WITHIN FOURTEEN DAYS AFTER THE INITIATING PARTY
399		-	RECEIVED THE COURT ORDER FROM THE CRIMINAL COURT INITIATING THE
400		-	PROCESS
401		-	;
402		-	(d) B
403		-	E FILED WITH THE COURT IN THE COUNTY WHERE THE
404		-	RESPONDENT RESIDED OR WAS PHYSICALLY PRESENT IMMEDIATELY PRIOR TO
405		-	THE FILING OF THE PETITION
406		-	; EXCEPT THAT IF THE PERSON WAS ARRESTED
407		-	FOR THE PRIOR CASE AND HELD IN CUSTODY
408		-	, THE PETITION MAY BE FILED IN
409		-	THE COUNTY WHERE THE RESPONDENT RESIDED OR WAS PHYSICALLY
410		-	PRESENT IMMEDIATELY PRIOR TO THE RESPONDENT
411		-	'S ARREST; AND
412		-	(e) PROVIDE RECOMMENDATIONS IF ANY CERTIFICATION SHOULD
413		-	OCCUR ON AN INPATIENT OR OUTPATIENT BASIS
414		-	.
415		-	(3) W
416		-	ITHIN TWENTY-FOUR HOURS AFTER CERTIFICATION, COPIES OF
417		-	THE CERTIFICATION MUST BE PERSONALLY DELIVERED TO THE RESPONDENT
418		-	,
419		-	THE BHA, OR THE OFFICE OF CIVIL AND FORENSIC MENTAL HEALTH . THE
420		-	DEPARTMENT SHALL RETAIN A COPY AS PART OF THE RESPONDENT
421		-	'S RECORD.
422		-	I
423		-	F THE CRIMINAL CASE IS PENDING, OR NOT YET DISMISSED, NOTICE OF THE
424		-	FILING OF THE PETITION SHOULD BE GIVEN BY THE PETITIONING PARTY TO
425		-	THE CRIMINAL COURT
426		-	, WHICH SHALL PROVIDE SUCH NOTICE TO THE
427		-	PROSECUTING AND DEFENSE ATTORNEYS IN THE CRIMINAL CASE AND ANY
428		-	ATTORNEY APPOINTED PURSUANT TO SECTION
429		-	27-65-113. THE COURT SHALL
430		-	ASK THE RESPONDENT TO DESIGNATE ONE OTHER PERSON WHOM THE
431		-	RESPONDENT WANTS TO BE INFORMED REGARDING THE PETITION
432		-	. IF THE
433		-	RESPONDENT IS INCAPABLE OF MAKING SUCH A DESIGNATION AT THE TIME
434		-	THE PETITION IS DELIVERED
435		-	, THE COURT MAY ASK THE RESPONDENT TO
436		-	DESIGNATE SUCH PERSON AS SOON AS THE RESPONDENT IS CAPABLE
437		-	.
438		-	(4) W
439		-	HENEVER A PETITION IS FILED PURSUANT TO THIS SECTION, THE
440		-	COURT SHALL IMMEDIATELY APPOINT AN ATTORNEY TO REPRESENT THE
441		-	RESPONDENT
442		-	. THE COURT SHALL PROVIDE THE RESPONDENT WITH A WRITTEN
443		-	NOTICE THAT THE RESPONDENT HAS A RIGHT TO A HEARING ON THE PETITION
444		-	AND MAY MAKE A WRITTEN REQUEST FOR A JURY TRIAL
445		-	. THE RESPONDENT
446		-	HAS THE RIGHT TO AN ATTORNEY FOR ALL PROCEEDINGS CONDUCTED
447		-	PURSUANT TO THIS SECTION
448		-	, INCLUDING ANY APPEALS. THE ATTORNEY
449		-	REPRESENTING THE RESPONDENT MUST BE PROVIDED WITH A COPY OF THE
450		-	PAGE 9-HOUSE BILL 23-1138 PETITION AND ANY SUPPORTING MATERIALS IMMEDIATELY UPON THE
451		-	ATTORNEY
452		-	'S APPOINTMENT. THE RESPONDENT MAY ONLY WAIVE COUNSEL
453		-	WHEN THE RESPONDENT MAKES A KNOWING AND VOLUNTARY WAIVER IN
454		-	FRONT OF THE COURT
455		-	.
456		-	(5) U
457		-	PON THE FILING OF THE PETITION PURSUANT TO THIS SECTION
458		-	AND AFFORDING THE RESPONDENT A CHANCE TO CONTEST THE PETITION
459		-	, THE
460		-	COURT MAY GRANT OR DENY CERTIFICATION BASED ON THE FACTS
461		-	ESTABLISHED IN THE PETITION
462		-	, SUBJECT TO THE COURT'S FURTHER REVIEW
463		-	OR A JURY TRIAL
464		-	.
465		-	(6) W
466		-	ITHIN FOURTEEN DAYS AFTER RECEIPT OF THE PETITION FILED
467		-	PURSUANT TO THIS SECTION
468		-	, THE RESPONDENT, OR THE RESPONDENT'S
469		-	ATTORNEY
470		-	, MAY REQUEST A JURY TRIAL BY FILING A WRITTEN MOTION WITH
471		-	THE COURT
472		-	.
473		-	(7) T
474		-	HE RESPONDENT MAY KNOWINGLY AND VOLUNTARILY CONSENT
475		-	IN WRITING TO THE PETITION
476		-	.
477		-	(8) T
478		-	HE RESPONDENT OR THE RESPONDENT 'S ATTORNEY MAY, AT ANY
479		-	TIME
480		-	, FILE A WRITTEN REQUEST FOR THE COURT TO REVIEW SHORT -TERM
481		-	CERTIFICATION OR REQUEST THAT INPATIENT CERTIFICATION BE CHANGED
482		-	TO OUTPATIENT TREATMENT
483		-	. IF THE REVIEW IS REQUESTED, THE COURT
484		-	SHALL HEAR THE MATTER WITHIN FOURTEEN DAYS AFTER THE REQUEST
485		-	, AND
486		-	THE COURT SHALL GIVE NOTICE TO THE RESPONDENT
487		-	, THE RESPONDENT'S
488		-	ATTORNEY
489		-	, THE DEPARTMENT, AND THE COMMUNITY OR FACILITY PROVIDER
490		-	WHO IS OR WILL PROVIDE TREATMENT
491		-	. THE HEARING MUST BE HELD IN
492		-	ACCORDANCE WITH SECTION
493		-	27-65-113. AT THE CONCLUSION OF THE
494		-	HEARING
495		-	, THE COURT MAY ENTER OR CONFIRM THE CERTIFICATION FOR
496		-	SHORT
497		-	-TERM TREATMENT, DISCHARGE THE RESPONDENT , OR ENTER ANY
498		-	OTHER APPROPRIATE ORDER
499		-	.
500		-	(9) S
501		-	ECTION 27-65-109 (7) TO (10) APPLIES TO PROCEEDINGS HELD
502		-	PURSUANT TO THIS SECTION
503		-	.
504		-	(10) I
505		-	N ASSESSING WHETHER THE RESPONDENT WITH A PENDING
506		-	CRIMINAL CHARGE IS A DANGER TO SELF OR OTHERS OR IS GRAVELY
507		-	DISABLED
508		-	, IF THE PERSON IS INCARCERATED, THE PROFESSIONAL PERSON AND
509		-	COURT SHALL NOT RELY UPON THE FACT THAT THE PERSON IS INCARCERATED
510		-	TO ESTABLISH THAT THE RESPONDENT IS NOT A DANGER TO SELF OR OTHERS
511		-	PAGE 10-HOUSE BILL 23-1138 OR IS NOT GRAVELY DISABLED.
512		-	(11) A
513		-	N EMERGENCY MENTAL HEALTH HOLD PURSUANT TO SECTION
514		-	27-65-106 IS NOT A PREREQUISITE TO A PROCEEDING PURSUANT TO THIS
515		-	SECTION
516		-	.
517		-	(12) F
518		-	OR THE PURPOSES OF THIS SECTION ONLY , "RESPONDENT"
519		-	MEANS THE DEFENDANT IN THE REFERRING CRIMINAL MATTER .
520		-	SECTION 6. In Colorado Revised Statutes, 13-5-142, amend (1)(c)
521		-	as follows:
522		-	13-5-142. National instant criminal background check system -
523		-	reporting. (1) On and after March 20, 2013, the state court administrator
524		-	shall send electronically the following information to the Colorado bureau
525		-	of investigation created pursuant to section 24-33.5-401, referred to in this
526		-	section as the "bureau":
527		-	(c) The name of each person with respect to whom the court has
528		-	entered an order for involuntary certification for short-term treatment of a
529		-	mental health disorder pursuant to section 27-65-108.5
530		-	OR 27-65-109, for
531		-	extended certification for treatment of a mental health disorder pursuant to
532		-	section 27-65-109 (10), or for long-term care and treatment of a mental
533		-	health disorder pursuant to section 27-65-110.
534		-	SECTION 7. In Colorado Revised Statutes, 13-5-142.5, amend
535		-	(2)(a)(III) as follows:
536		-	13-5-142.5. National instant criminal background check system
537		-	- judicial process for awarding relief from federal prohibitions -
538		-	legislative declaration. (2) Eligibility. A person may petition for relief
539		-	pursuant to this section if:
540		-	(a) (III) The court has entered an order for the person's involuntary
541		-	certification for short-term treatment of a mental health disorder pursuant
542		-	to section 27-65-108.5
543		-	OR 27-65-109, for extended certification for
544		-	treatment of a mental health disorder pursuant to section 27-65-109 (10), or
545		-	for long-term care and treatment of a mental health disorder pursuant to
546		-	section 27-65-110; and
547		-	PAGE 11-HOUSE BILL 23-1138 SECTION 8. In Colorado Revised Statutes, amend 13-5-142.8 as
548		-	follows:
549		-	13-5-142.8. Notice by professional persons. Under sections
550		-	13-9-123 (1), 13-9-124 (2), 13-5-142 (1), and 13-5-142.5 (2), an order for
551		-	involuntary certification for short-term treatment of a mental health disorder
552		-	pursuant to section 27-65-108.5
553		-	OR 27-65-109 must also include a notice
554		-	filed by a professional person pursuant to section 27-65-108.5
555		-	OR
556		-	27-65-109, and an order for extended certification for treatment of a mental
557		-	health disorder pursuant to section 27-65-109 (10) must also include a
558		-	notice filed by a professional person pursuant to section 27-65-109 (10).
559		-	SECTION 9. In Colorado Revised Statutes, 13-9-123, amend (1)(c)
560		-	as follows:
561		-	13-9-123. National instant criminal background check system -
562		-	reporting. (1) On and after March 20, 2013, the state court administrator
563		-	shall send electronically the following information to the Colorado bureau
564		-	of investigation created pursuant to section 24-33.5-401, referred to in this
565		-	section as the "bureau":
566		-	(c) The name of each person with respect to whom the court has
567		-	entered an order for involuntary certification for short-term treatment of a
568		-	mental health disorder pursuant to section 27-65-108.5
569		-	OR 27-65-109, for
570		-	extended certification for treatment of a mental health disorder pursuant to
571		-	section 27-65-109 (10), or for long-term care and treatment of a mental
572		-	health disorder pursuant to section 27-65-110.
573		-	SECTION 10. In Colorado Revised Statutes, 13-9-124, amend
574		-	(2)(a)(III) as follows:
575		-	13-9-124. National instant criminal background check system -
576		-	judicial process for awarding relief from federal prohibitions -
577		-	legislative declaration. (2) Eligibility. A person may petition for relief
578		-	pursuant to this section if:
579		-	(a) (III) The court has entered an order for the person's involuntary
580		-	certification for short-term treatment of a mental health disorder pursuant
581		-	to section 27-65-108.5
582		-	OR 27-65-109, for extended certification for
583		-	treatment of a mental health disorder pursuant to section 27-65-109 (10), or
584		-	PAGE 12-HOUSE BILL 23-1138 for long-term care and treatment of a mental health disorder pursuant to
585		-	section 27-65-110; and
586		-	SECTION 11. In Colorado Revised Statutes, 25-3-102.1, amend
587		-	(1)(c) as follows:
588		-	25-3-102.1. Deemed status for certain facilities. (1) (c) Upon
589		-	submission of a completed application for license renewal, the department
590		-	of public health and environment shall accept proof of the accreditation in
591		-	lieu of licensing inspections or other requirements. Nothing in this section
592		-	exempts an accredited health facility from inspections or from other forms
593		-	of oversight by the department as necessary to ensure public health and
594		-	safety. Nothing in this section prevents the department of public health and
595		-	environment from conducting an inspection of a hospital or other health
596		-	facility described in section 25-3-101 to investigate a complaint regarding
597		-	the provisions of section 27-65-106, 27-65-107, 27-65-108.5, 27-65-109,
598		-	27-65-110, or 27-65-119 to the extent the complaint is applicable to health
599		-	facilities licensed by the department of public health and environment.
600		-	SECTION 12. In Colorado Revised Statutes, 26-20-103, amend (3)
601		-	as follows:
602		-	26-20-103. Basis for use of restraint or seclusion. (3) In addition
603		-	to the circumstances described in subsection (1) of this section, a facility,
604		-	as defined in section 27-65-102, that is designated by the commissioner of
605		-	the behavioral health administration in the state department to provide
606		-	treatment pursuant to section 27-65-106, 27-65-108, 27-65-108.5,
607		-	27-65-109, or 27-65-110 to an individual with a mental health disorder, as
608		-	defined in section 27-65-102, may use seclusion to restrain an individual
609		-	with a mental health disorder when the seclusion is necessary to eliminate
610		-	a continuous and serious disruption of the treatment environment.
611		-	SECTION 13. In Colorado Revised Statutes, amend as it will
612		-	become effective July 1, 2024, 27-65-108 as follows:
613		-	27-65-108. Care coordination for persons certified or in need of
614		-	ongoing treatment. (1) A facility designated by the commissioner shall
615		-	notify and engage the BHA prior to terminating or transferring a person
616		-	certified pursuant to section 27-65-108.5, 27-65-109, 27-65-110, or
617		-	27-65-111. The BHA may provide care coordination services to support a
618		-	PAGE 13-HOUSE BILL 23-1138 person whose certification is terminated but who is in need of ongoing
619		-	treatment and services.
620		-	(2) The BHA shall, directly or through
621		-	A contract, provide care
622		-	coordination services to a person certified pursuant to section 27-65-108.5,
623		-	27-65-109, 27-65-110, or 27-65-111 and determined by the designated
624		-	facility and the BHA to need care coordination services.
625		-	SECTION 14. In Colorado Revised Statutes, 27-65-111, amend as
626		-	it will become effective July 1, 2024, (1) introductory portion and (5)(a)(I)
627		-	as follows:
628		-	27-65-111. Certification on an outpatient basis - short-term and
629		-	long-term care. (1) Any respondent certified pursuant to section
630		-	27-65-108.5, 27-65-109, or 27-65-110 may be provided treatment on an
631		-	outpatient basis. The outpatient treatment provider shall develop a treatment
632		-	plan for the respondent receiving treatment on an outpatient basis with the
633		-	goal of the respondent finding and sustaining recovery. The treatment plan
634		-	must include measures to keep the respondent or others safe, as informed
635		-	by the respondent's need for certification. The treatment plan may include,
636		-	but is not limited to:
637		-	(5) (a) In addition to any other limitation on liability, a person
638		-	providing care to a respondent placed on short-term or long-term
639		-	certification on an outpatient basis is only liable for harm subsequently
640		-	caused by or to a respondent who:
641		-	(I) Has been terminated from certification despite meeting statutory
642		-	criteria for certification pursuant to section 27-65-108.5, 27-65-109, or
643		-	27-65-110; or
644		-	SECTION 15. In Colorado Revised Statutes, 27-65-112, amend as
645		-	it will become effective July 1, 2024, (1) as follows:
646		-	27-65-112. Termination of certification for short-term and
647		-	long-term treatment. (1) An original or extended certification for
648		-	short-term treatment issued pursuant to section 27-65-108.5
649		-	OR 27-65-109,
650		-	or an order or extension for certification for long-term care and treatment
651		-	pursuant to section 27-65-110 terminates as soon as the professional person
652		-	in charge of treatment of the respondent and the BHA determine the
653		-	PAGE 14-HOUSE BILL 23-1138 respondent has received sufficient benefit from the treatment for the
654		-	respondent to end involuntary treatment. Whenever a certification or
655		-	extended certification is terminated pursuant to this section, the professional
656		-	person in charge of providing treatment shall notify the court in writing
657		-	within five days after the termination.
658		-	SECTION 16. In Colorado Revised Statutes, 27-65-113, amend
659		-	(1), (5)(a), and (5)(b) as follows:
660		-	27-65-113. Hearing procedures - jurisdiction. (1) Hearings before
661		-	the court pursuant to section 27-65-108.5, 27-65-109, or 27-65-110 are
662		-	conducted in the same manner as other civil proceedings before the court.
663		-	The burden of proof is on the person or facility seeking to detain the
664		-	respondent. The court or jury shall determine that the respondent is in need
665		-	of care and treatment only if the court or jury finds by clear and convincing
666		-	evidence that the respondent has a mental health disorder and, as a result of
667		-	the mental health disorder, is a danger to the respondent's self or others or
668		-	is gravely disabled.
669		-	(5) (a) In the event that a respondent or a person found not guilty by
670		-	reason of impaired mental condition pursuant to section 16-8-103.5 (5), or
671		-	by reason of insanity pursuant to section 16-8-105 (4) or 16-8-105.5, refuses
672		-	to accept medication, the court having jurisdiction of the action pursuant to
673		-	subsection (4) of this section, the court committing the person or defendant
674		-	to the custody of the BHA
675		-	DEPARTMENT pursuant to section 16-8-103.5 (5),
676		-	16-8-105 (4), or 16-8-105.5, or the court of the jurisdiction in which the
677		-	designated facility treating the respondent or person is located has
678		-	jurisdiction and venue to accept a petition by a treating physician and to
679		-	enter an order requiring that the respondent or person accept such treatment
680		-	or, in the alternative, that the medication be forcibly administered to the
681		-	respondent or person. The court of the jurisdiction in which the designated
682		-	facility is located shall not exercise its jurisdiction without the permission
683		-	of the court that committed the person to the custody of the BHA
684		-	DEPARTMENT. Upon the filing of such a petition, the court shall appoint an
685		-	attorney, if one has not been appointed, to represent the respondent or
686		-	person and hear the matter within ten days.
687		-	(b) In any case brought pursuant to subsection (5)(a) of this section
688		-	in a court for the county in which the treating facility is located, the county
689		-	where the proceeding was initiated pursuant to subsection (4) of this section
690		-	PAGE 15-HOUSE BILL 23-1138 or the court committing the person to the custody of the BHA DEPARTMENT
691		-	pursuant to section 16-8-103.5 (5), 16-8-105 (4), or 16-8-105.5 shall either
692		-	reimburse the county in which the proceeding pursuant to this subsection
693		-	(5) was filed and in which the proceeding was held for the reasonable costs
694		-	incurred in conducting the proceeding or conduct the proceeding itself using
695		-	its own personnel and resources, including its own district or county
696		-	attorney, as the case may be.
697		-	SECTION 17. In Colorado Revised Statutes, 27-65-119, amend as
698		-	it will become effective July 1, 2023, (1) introductory portion as follows:
699		-	27-65-119. Rights of respondents certified for short-term
700		-	treatment or long-term care and treatment. (1) Each
701		-	EACH respondent
702		-	certified for short-term treatment or long-term care and treatment on an
703		-	inpatient basis pursuant to sections 27-65-108.5, 27-65-109, and 27-65-110
704		-	has the following rights and shall be advised of such rights by the facility:
705		-	SECTION 18. In Colorado Revised Statutes, 27-66.5-102, amend
706		-	(3)(a)(II) as follows:
707		-	27-66.5-102. Definitions. As used in this article 66.5, unless the
708		-	context otherwise requires:
709		-	(3) "High-risk individual" means a person who:
710		-	(a) Has a significant mental health or substance use disorder, as
711		-	evidenced by:
712		-	(II) A certification for short-term treatment or extended short-term
713		-	treatment pursuant to section 27-65-108.5
714		-	OR 27-65-109;
715		-	SECTION 19. In Colorado Revised Statutes, 27-80-303, amend
716		-	(3)(c) as follows:
717		-	27-80-303. Office of ombudsman for behavioral health access to
718		-	care - creation - appointment of ombudsman - duties. (3) The
719		-	ombudsman shall:
720		-	(c) Receive and assist consumers and providers in reporting
721		-	concerns and filing complaints with appropriate regulatory or oversight
722		-	PAGE 16-HOUSE BILL 23-1138 agencies relating to inappropriate care, a procedure for an emergency
723		-	mental health hold pursuant to section 27-65-106, a certification for
724		-	short-term treatment pursuant to section 27-65-108.5
725		-	OR 27-65-109, or a
726		-	certification for long-term care and treatment pursuant to section 27-65-110;
727		-	SECTION 20. In Colorado Revised Statutes, 27-65-123, add (6) as
728		-	follows:
729		-	27-65-123. Records. (6) N
730		-	OTHING IN THIS SECTION PROHIBITS THE
731		-	LIMITED DISCLOSURE OF NECESSARY INFORMATION TO THE PROSECUTING
732		-	ATTORNEY AND CRIMINAL DEFENSE COUNSEL IF A CRIMINAL CASE IS STILL
733		-	PENDING AGAINST THE PERSON
734		-	.
735		-	SECTION 21. Act subject to petition - effective date. This act
736		-	takes effect July 1, 2024; except that, if a referendum petition is filed
737		-	pursuant to section 1 (3) of article V of the state constitution against this act
738		-	or an item, section, or part of this act within the ninety-day period after final
739		-	adjournment of the general assembly, then the act, item, section, or part will
740		-	not take effect unless approved by the people at the general election to be
741		-	PAGE 17-HOUSE BILL 23-1138 held in November 2024 and, in such case, will take effect on the date of the
742		-	official declaration of the vote thereon by the governor.
743		-	____________________________ ____________________________
744		-	Julie McCluskie Steve Fenberg
745		-	SPEAKER OF THE HOUSE PRESIDENT OF
746		-	OF REPRESENTATIVES THE SENATE
747		-	____________________________ ____________________________
748		-	Robin Jones Cindi L. Markwell
749		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
750		-	OF REPRESENTATIVES THE SENATE
751		-	APPROVED________________________________________
752		-	(Date and Time)
753		-	_________________________________________
754		-	Jared S. Polis
755		-	GOVERNOR OF THE STATE OF COLORADO
756		-	PAGE 18-HOUSE BILL 23-1138
	693	+	21. Act subject to petition - effective date. This act24
	694	+	takes effect July 1, 2024; except that, if a referendum petition is filed25
	695	+	pursuant to section 1 (3) of article V of the state constitution against this26
	696	+	act or an item, section, or part of this act within the ninety-day period27
	697	+	1138
	698	+	-22- after final adjournment of the general assembly, then the act, item,1
	699	+	section, or part will not take effect unless approved by the people at the2
	700	+	general election to be held in November 2024 and, in such case, will take3
	701	+	effect on the date of the official declaration of the vote thereon by the4
	702	+	governor.5
	703	+	1138
	704	+	-23-