HOUSE BILL 24-1034
BY REPRESENTATIVE(S) Amabile and Bradfield, English, Bacon, Bird,
Boesenecker, Brown, Clifford, deGruy Kennedy, Duran, Epps, Froelich,
Hernandez, Herod, Joseph, Lindsay, Mabrey, McCormick, McLachlan,
Parenti, Ricks, Rutinel, Sirota, Weissman, Young, McCluskie, Daugherty,
Kipp, Lieder, Marshall, Ortiz, Snyder, Titone, Valdez, Vigil;
also SENATOR(S) Fields, Rodriguez, Gonzales, Michaelson Jenet,
Zenzinger.
C
ONCERNING ADULT COMPETENCY TO STAND TRIAL .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 16-8.5-102, amend (1),
(2)(a), (2)(b), (2)(d), and (3) as follows:
16-8.5-102. Competency to proceed - how and when raised.
(1) While a defendant is incompetent to proceed, the defendant shall
MUST
not be tried or sentenced, nor shall the court consider or decide pretrial
matters that are not susceptible of fair determination without the personal
participation of the defendant. However, a determination that a defendant
is incompetent to proceed shall
DOES not preclude the furtherance of the
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. proceedings by the court to consider and decide matters, including a
preliminary hearing and motions, that are susceptible of fair determination
prior to trial and without the personal participation of the defendant. Those
proceedings may be later reopened if, in the discretion of the court,
substantial new evidence is discovered after and as a result of the
DEFENDANT'S restoration to competency. of the defendant.
(2) The question of a defendant's competency to proceed must be
raised in only one of the following manners:
(a) If the judge has reason to believe that the defendant is
incompetent to proceed, it is the judge's duty to THE JUDGE SHALL suspend
the proceeding and determine the competency or incompetency of the
defendant pursuant to section 16-8.5-103;
(b) If either the defense or the prosecution has reason to believe that
the defendant is incompetent to proceed, either party may file a motion in
advance of the commencement of the particular proceeding. A motion to
determine competency shall be in writing and contain a certificate of
counsel stating that the motion is based on a good faith doubt that the
defendant is competent to proceed. The motion shall
MUST set forth the
specific facts that have formed the basis for the motion. The
COURT MUST
SEAL THE
motion. shall be sealed by the court.
If the motion is made by the
prosecution, the prosecution shall provide to the defense a copy of the
motion. If the motion is made by the defense, the defense shall provide to
the prosecution notice of the filing of the motion at the time of filing, and if the defense requests a hearing, the defense shall provide the motion to the prosecution at the time the hearing is requested. The motion may be filed after the commencement of the proceeding if, for good cause shown, the
DEFENDANT'S mental disability or developmental disability of the defendant
was not known or apparent before the commencement of the proceeding.
(d) By the state board of parole when a board member has a
substantial and good-faith reason to believe that the offender is incompetent
to proceed as defined in section 16-8.5-101 (12), at a parole hearing
conducted pursuant to section 17-22.5-403.5 PUBLIC DEFENDER LIAISON, AS
DESCRIBED IN SECTION
21-1-104 (6), OR AN ATTORNEY REPRESENTING THE
OFFENDER IN A PAROLE PROCEEDING
.
(3) Notwithstanding any provision of this article
ARTICLE 8.5 to the
PAGE 2-HOUSE BILL 24-1034 contrary, the question of whether a convicted person is mentally
incompetent to be executed shall MUST be raised and determined as
provided in PURSUANT TO part 14 of article 1.3 of title 18. C.R.S.
SECTION 2. In Colorado Revised Statutes, 16-8.5-103, amend
(1)(b) and (8) as follows:
16-8.5-103. Determination of competency to proceed. (1) (b) On
or before the date when a court orders that a defendant be evaluated for
competency, a
BRIDGES court liaison for the district hired or contracted
pursuant to article 95 of title 13 may be assigned to the defendant.
(8) If the question of the defendant's incompetency to proceed is
raised after a jury is impaneled to try the issues raised by a plea of not guilty
and the court determines that the defendant is incompetent to proceed or
orders a court-ordered competency evaluation, the court may declare a
mistrial. Declaration of a mistrial under these circumstances does not
constitute jeopardy, nor does it prohibit the trial or sentencing of the
defendant for the same offense after he or she
THE DEFENDANT has been
found restored to competency.
SECTION 3. In Colorado Revised Statutes, 16-8.5-104, amend (1)
introductory portion, (3), (4), and (6); and add (4.5) as follows:
16-8.5-104. Waiver of privilege. (1) When a defendant raises the
issue of competency to proceed, or when the court determines that the
defendant is incompetent to proceed, and orders that the defendant undergo
restoration treatment any claim by the defendant to confidentiality or
privilege is deemed waived and IN THE CASE IN WHICH COMPETENCY IS
RAISED AND FOR RECORDS OR INFORMATION FROM ANY PRIOR CRIMINAL
CASE IN WHICH THE DEFENDANT RAISED THE ISSUE OF COMPETENCY OR IN
WHICH THE COURT DETERMINED THAT THE DEFENDANT WAS INCOMPETENT
TO PROCEED
. The district attorney, the defense attorney, THE BRIDGES COURT
LIAISON
, and the court are granted access, without written consent of the
defendant or further order of the court, to:
(3) An evaluator or a facility providing competency evaluation or
restoration treatment services pursuant to a court order issued pursuant to
this article is authorized to provide, and
ARTICLE 8.5 shall provide
procedural information to the court,
BRIDGES COURT LIAISON, district
PAGE 3-HOUSE BILL 24-1034 attorney, or defense counsel, concerning the defendant's location, the
defendant's hospital or facility admission status, the status of evaluation
procedures, and other procedural information relevant to the case.
(4) Nothing in this section limits the court's ability to order that
information in addition to that set forth
THE INFORMATION DESCRIBED in
subsections (1) and (3) of this section be provided to the evaluator, or to
either party to the case, nor does it limit the information that is available
after the written consent of the defendant.
(4.5) T
HE COURT MAY, UPON THE REQUEST OF EITHER PARTY, ISSUE
AN ORDER TO ASSIST A PARTY IN ACCESSING
, RECEIVING COPIES OF, OR
DISCUSSING WITH AN EVALUATOR OR TREATMENT PROVIDER INFORMATION
OR RECORDS WHICH THE PARTY HAS THE RIGHT TO ACCESS PURSUANT TO THE
DEFENDANT
'S WAIVER OF PRIVILEGE. IF A PARTY REQUESTS SUCH AN ORDER,
THE COURT SHALL ALLOW THE OPPOSING PARTY TO MAKE ANY LEGAL
OBJECTION
, INCLUDING WHETHER THE REQUESTED INFORMATION IS WITHIN
THE SCOPE OF THE DEFENDANT
'S WAIVER OF PRIVILEGE, AND CONSIDER ANY
REQUESTS FOR PROTECTIVE ORDERS PRIOR TO ISSUING THE COURT ORDER
.
T
HIS SECTION DOES NOT LIMIT THE COURT'S ABILITY TO ORDER INFORMATION
BE PROVIDED TO A PARTY WITH THE WRITTEN CONSENT OF THE DEFENDANT
.
(6) Statements made by the defendant in the course of any
evaluation shall
MUST be protected as provided IN ACCORDANCE WITH
section 16-8.5-108.
SECTION 4. In Colorado Revised Statutes, 16-8.5-105, amend
(1)(a)(I), (1)(a)(III), (1)(b.7), (1)(d), (5) introductory portion, (5)(d), (5)(e),
(5)(f), and (6); amend as they will become effective July 1, 2024, (4) and
(5)(h)(II); and add (1)(b.6) as follows:
16-8.5-105. Evaluations, locations, time frames, and report.
(1) (a) (I) The court shall order that the competency evaluation be
conducted on an outpatient basis or, if the defendant is unable to post the
monetary condition of bond or is ineligible to be released on bond, at the
place where the defendant is in-custody, except as provided in subsection
(1)(b) of this section. If the department conducts the evaluation on an
in-custody basis, the department shall begin the evaluation as soon as
practicable after the department's receipt of a court order directing the
evaluation. After July 1, 2020,
If the evaluation is conducted on an
PAGE 4-HOUSE BILL 24-1034 in-custody basis, the department shall complete the evaluation no later than
twenty-one days after receipt of the order and the collateral materials. On
and after July 1, 2020, If the evaluation is conducted on an out-of-custody
basis, the department shall complete the evaluation within forty-two days
after receipt of the order and collateral materials, unless the court extends
the time upon a showing of good cause.
(III) The court shall determine the type of bond and the conditions
of release after consideration of the presumptions and factors enumerated
in article 4 of this title 16, which include consideration of the information
received from any pretrial services program pursuant to the provisions of
section 16-4-106 and any information provided by the BRIDGES court liaison
hired or contracted pursuant to article 95 of title 13. As a condition of any
bond, the court shall require the defendant's cooperation with the
competency evaluation on an outpatient and out-of-custody basis. In setting
the bond, the court shall not consider the need for the defendant to receive
an evaluation pursuant to this article 8.5 as a factor in determining any
monetary condition of bond.
(b.6) I
F THE EVALUATOR HAS CONCLUDED THAT THE DEFENDANT IS
INCOMPETENT TO PROCEED AND THAT INPATIENT RESTORATION SERVICES
ARE NOT CLINICALLY APPROPRIATE
, THE DEPARTMENT SHALL DETAIL THE
OUTPATIENT AND OUT
-OF-CUSTODY RESTORATION SERVICES AVAILABLE TO
THE DEFENDANT
.
(b.7) On and after July 1, 2020, When the court orders an inpatient
evaluation, the defendant must be offered admission to the hospital or other
inpatient program within fourteen days after receipt of the court order and
collateral materials. The court shall review the case in twenty-one days to
determine if transportation to the hospital or program has been completed
or if further orders are necessary.
(d) If a defendant is in the department's custody for purposes of the
competency evaluation ordered pursuant to this article 8.5 and the defendant
has completed the competency evaluation and the evaluator has concluded
that the defendant is competent to proceed, the department may return the
defendant to a county jail or to the community, as determined by the
defendant's bond status. If the evaluator has concluded that the defendant
is incompetent to proceed and that inpatient restoration services are not
clinically appropriate, and outpatient restoration services are available to the
PAGE 5-HOUSE BILL 24-1034 defendant in the community, the department shall notify the court and the
BRIDGES court liaison, and the department shall develop a discharge plan
and a plan for community-based restoration services in coordination with
the community restoration services provider. The court shall hold a hearing
within seven days after receiving the notice, at which the department shall
provide to the court the plan for community-based restoration services, and
the court may enter any appropriate orders regarding the custody of the
defendant and his or her
the DEFENDANT'S bond status. The department shall
advise the defendant of the date and time of the court hearing. If the
department is returning the defendant to a county jail, the county sheriff in
the jurisdiction where the defendant must return shall take custody of the
defendant within seventy-two hours after receiving notification from the
department that the defendant's evaluation is completed. At the time the
department notifies the sheriff, the department shall also notify the court
and the
BRIDGES court liaison that the department is returning the defendant
to the custody of the jail.
(4) A written report of the evaluation must be prepared in triplicate
and delivered AND THE DEPARTMENT SHALL ELECTRONICALLY DELIVER THE
REPORT
to the COURT clerk of the court
that ordered it. The clerk shall
provide a copy of the report both to the prosecuting attorney ATTORNEY,
THE BRIDGES COURT LIAISON, and the DEFENSE counsel for the defendant.
The department may utilize USING the e-filing system. to deliver the report
to the court and serve it upon the parties. Without reducing any other
timelines set forth in this article 8.5, the competency evaluator shall provide
the written report to the court within fourteen days after finishing meeting
or attempting to meet with the respondent
DEFENDANT to evaluate the
respondent's DEFENDANT'S competency.
(5) On and after July 1, 2020, The competency evaluation and report
must include, but need not be limited to:
(d) An opinion as to whether the defendant
CURRENTLY suffers from
a mental disability or developmental disability. I
F THE OPINION OF THE
COMPETENCY EVALUATOR IS THAT THE DEFENDANT SUFFERS FROM A
MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY
, THEN THE REPORT
MUST INCLUDE AN OPINION AS TO THE DIAGNOSIS AND THE PROGNOSIS OF
THE DEFENDANT
'S MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY .
(e) An opinion as to whether the defendant is competent to proceed
PAGE 6-HOUSE BILL 24-1034 OR INCOMPETENT TO PROCEED . If the opinion of the competency evaluator
is that the defendant is incompetent to proceed, then
THE REPORT MUST
INCLUDE
:
(I) (A) If possible,
An opinion as to whether there is a substantial
probability that the defendant, with restoration services, will attain
competency within the reasonably foreseeable future;
AND
(B) When, pursuant to the requirements of subsection (5)(f) of this
section, the evaluator is aware that any court within the previous five years
has found the defendant is incompetent to proceed and there is a substantial
probability that with restoration services the defendant will not attain
competency within the reasonably foreseeable future, the evaluator shall
provide an opinion regarding the probability of restoration pursuant to this
subsection (5)(e)(I) and, when the opinion is that there is a substantial
probability of attaining competency within the reasonably foreseeable
future, the evaluator shall state why the defendant's circumstances are
different from the prior court's finding;
(C) (B) IF POSSIBLE, when the defendant is diagnosed with a
moderate to severe intellectual or developmental disability, acquired or
traumatic brain injury, or dementia, which either alone or together with a
co-occurring mental illness affects the defendant's ability to gain or
maintain competency, the evaluator shall provide an opinion as to whether
there is a substantial probability that the defendant with restoration services
will attain competency within the reasonably foreseeable future. When the
opinion is that there is a substantial probability of attaining competency, the
evaluator shall specifically state whether the evaluator believes there are
unique or different services outside the standard competency restoration
curriculum developed by the department that the defendant may need in
order to be restored to competency within the reasonably foreseeable future.
(D) When the defendant has been found incompetent to proceed
pursuant to section 16-8.5-103 three or more times over the previous three
years in the current case or any other case, even if the defendant is later
restored, the evaluator shall specifically identify those instances of findings
of incompetency as a part of the review required pursuant to subsection
(5)(f) of this section. The evaluator shall provide an opinion as to whether
there is a substantial probability that the defendant with restoration services
will attain competency within the reasonably foreseeable future and
PAGE 7-HOUSE BILL 24-1034 maintain competency throughout the case.
(II) A recommendation AN OPINION as to whether inpatient
restoration services are clinically appropriate to restore the defendant to
competency. If inpatient restoration services are not clinically appropriate,
the department must detail the outpatient and out-of-custody restoration
services available to the defendant. For evaluation reports filed on or after
January 1, 2021, the recommendations must be based upon the restoration
placement guideline developed pursuant to section 16-8.5-121, prior to its
repeal.
(f) If available within the records of the department, a description
of all competency evaluations or restoration services that were previously
provided to the defendant, including a list of recent voluntary or involuntary
medications administered or administered through a forced medication
order; AN OPINION AS TO WHETHER THERE IS A SUBSTANTIAL PROBABILITY
THAT THE DEFENDANT
, WITH RESTORATION SERVICES , WILL ATTAIN
COMPETENCY WITHIN THE REAS ONABLY FORESEEABLE FUTURE
, AND:
(I) I
F ANY COURT WITHIN THE PREVIOUS FIVE YEARS FOUND THE
DEFENDANT INCOMPETENT TO PROCEED AND THAT THE DEFENDANT WOULD
NOT ATTAIN COMPETENCY WITHIN THE REASONABLY FORESEEABLE FUTURE
,
AN OPINION AS TO WHY THE DEFENDANT 'S CURRENT CIRCUMSTANCES ARE
DIFFERENT FROM THE PRIOR COURT
'S FINDINGS; AND
(II) IF THE DEFENDANT HAS BEEN FOUND INCOMPETENT TO PROCEED
AFTER BEING FOUND COMPETENT TO PROCEED THREE OR MORE TIMES WITHIN
THE PREVIOUS FIVE YEARS
, AN OPINION AS TO WHETHER, EVEN IF RESTORED,
THE DEFENDANT WILL MAINTAIN CO MPETENCY THROUGHOUT THE CURRENT
CASE
.
(h) The competency evaluator's opinion and the information and
factors considered in making determinations as to whether the defendant:
(II) Meets the criteria for a certification for short-term treatment
pursuant to section 27-65-108.5 or 27-65-109 and, if the defendant meets
such criteria, whether the evaluator believes the defendant could be treated
on an outpatient basis pursuant to section 27-65-111. In assessing whether
the defendant with a pending criminal charge is a danger to self or others
or is gravely disabled, if the person is incarcerated, the competency
PAGE 8-HOUSE BILL 24-1034 evaluator or professional person, as defined in section 27-65-102, and the
court shall not rely on the fact that the defendant is incarcerated or is an
inpatient in a medical facility to establish that the defendant is not a danger
to self or others or is not gravely disabled. If it is the evaluator's opinion that
the defendant meets criteria for certification for short-term treatment
pursuant to section 27-65-108.5 or 27-65-109, the evaluator is not required
to request a petition for certification for short-term treatment of the
defendant in a court with jurisdiction pursuant to section 16-8.5-111 (2)(a)
SECTION 16-8.5-111 (3).
(6) Whenever a competency evaluation is ordered upon the request
of either party, the court may notify the county attorney or district attorney
required to conduct proceedings pursuant to section 27-65-113 (6) for the
county in which the charges are pending and the
BRIDGES court liaison hired
or contracted pursuant to article 95 of title 13 of all court dates for return of
the report on competency to ensure that all parties are on notice of the
expected need for coordinated services and planning with consideration of
possible civil certification.
SECTION 5. In Colorado Revised Statutes, amend 16-8.5-107 as
follows:
16-8.5-107. Counsel and evaluators for indigent defendants. In
all proceedings under this article
BROUGHT PURSUANT TO THIS ARTICLE 8.5,
the court shall appoint
A competency evaluators or attorneys
EVALUATOR OR
AN ATTORNEY
for a
THE defendant at state THE STATE'S expense upon
motion of the defendant with proof that he or she THE DEFENDANT is
indigent and without funds MONEY to employ A competency evaluators or
attorneys EVALUATOR OR ATTORNEY to which he or she THE DEFENDANT is
entitled under PURSUANT TO this article ARTICLE 8.5. THE COURT SHALL PAY
FOR A SECOND EVALUATION
if a second evaluation is requested by an
indigent defendant. it shall be paid for by the court.
SECTION 6. In Colorado Revised Statutes, 16-8.5-108, amend
(1)(c) and (2) as follows:
16-8.5-108. Evidence. (1) (c) If the defendant testifies on his or her
THE DEFENDANT'S own behalf upon the trial of the issues raised by the plea
of not guilty or, for offenses that occurred before July 1, 1995, a plea of not
guilty by reason of impaired mental condition, or at a sentencing hearing
PAGE 9-HOUSE BILL 24-1034 held pursuant to section 18-1.3-1201 for an offense charged prior to July 1,
2020, or pursuant to section 18-1.3-1302 for an offense charged prior to
July 1, 2020, or pursuant to section 18-1.4-102, the provisions of
this
section shall DOES not bar any evidence used to impeach or rebut the
defendant's testimony.
(2) In any hearing concerning competency to proceed or restoration
to competency, competency evaluators and other experts may testify as to
their
THE conclusions reached from their examination of hospital records,
laboratory reports, X rays, electroencephalograms, and psychological test
results if the material that they
THE EVALUATORS OR EXPERTS examined in
reaching their conclusions is produced at the time of the hearing. Nothing
in this section prevents the parties from obtaining the information
authorized by section 16-8.5-104 prior to the hearing.
SECTION 7. In Colorado Revised Statutes, 16-8.5-109, amend (1),
(2)(b), and (3) as follows:
16-8.5-109. Advisement on matters to be determined. (1) When
a determination is to be made as to a defendant's competency to proceed, the
court shall explain to the defendant the nature and consequences of the
proceeding and the rights of the defendant under this section. The
defendant, if he or she
THE DEFENDANT wishes to contest the question, may
request a competency hearing that
THE COURT shall then be granted
GRANT
as a matter of right.
(2) At a competency hearing, the defendant and the prosecuting
attorney are entitled:
(b) To examine any reports of the
COMPETENCY evaluation or other
matter to be considered by the court as bearing upon the determination;
(3) The court may examine or cross-examine any witness called by
the defendant or prosecuting attorney at a competency hearing and may
summon and examine witnesses on its
THE COURT'S own motion.
SECTION 8. In Colorado Revised Statutes, amend 16-8.5-110 as
follows:
16-8.5-110. Testimony of lay witnesses. In any hearing at which
PAGE 10-HOUSE BILL 24-1034 the competency of the defendant is an issue, witnesses not specially trained
in psychiatry or psychology and not testifying as expert witnesses may
testify as to their
THE WITNESS'S observation of the defendant's actions and
conduct and as to conversations that they have THE WITNESS had with the
defendant bearing upon the defendant's mental condition. Any such
witnesses, as part of their
THE WITNESS'S testimony, shall MUST be permitted
to give their opinions or conclusions concerning the competency of the
defendant.
SECTION 9. In Colorado Revised Statutes, repeal and reenact,
with amendments, 16-8.5-111 as follows:
16-8.5-111. Procedure after determination of competency or
incompetency. (1) Competent to proceed. I
F THE FINAL DETERMINATION
MADE PURSUANT TO SECTION
16-8.5-103 IS THAT THE DEFENDANT IS
COMPETENT TO PROCEED
, THE JUDGE SHALL ORDER THAT THE SUSPENDED
PROCEEDING CONTINUE OR
, IF A MISTRIAL WAS DECLARED, SHALL RESET THE
CASE FOR TRIAL AT THE EARLIEST POSSIBLE DATE
.
(2) Restoration services ordered. I
F THE FINAL DETERMINATION
MADE PURSUANT TO SECTION
16-8.5-103 IS THAT THE DEFENDANT IS
INCOMPETENT TO PROCEED AND THE COUR T FINDS THERE IS SUBSTANTIAL
PROBABILITY THAT THE DEFENDANT
, WITH RESTORATION SERVICES, WILL
ATTAIN COMPETENCY IN THE REAS ONABLY FORESEEABLE FUTURE
, THE
COURT HAS THE FOLLOWING REQUIREMENTS AND OPTIONS
:
(a) I
F THE DEFENDANT IS OUT OF CUSTODY OR WILL BE RELEASED
SOON
, THE COURT SHALL ORDER THE RESTORATION SERVICES TAKE PLACE ON
AN OUTPATIENT BASIS UNLESS THE RECOMMENDATION FROM THE
DEPARTMENT IS THAT INPATIENT RESTORATION SERVICES ARE CLINICALLY
APPROPRIATE AND
:
(I) T
HE COURT SHALL ORDER THAT THE DEFENDANT PARTICIPATE IN
RESTORATION SERVICES AS A CONDITION OF ANY BOND
;
(II) T
HE COURT MAY APPOINT A BRIDGES COURT LIAISON OR MAY
ORDER THAT THE DEFENDANT COOPERATE WITH PRETRIAL SERVICES
, IF
AVAILABLE
, AND THE COURT MAY ORDER PRETRIAL SERVICES OR A BRIDGES
COURT LIAISON
, OR BOTH, TO WORK WITH THE DEFENDANT , THE
DEPARTMENT
, AND THE RESTORATION SERVICES PROVIDER UNDER
PAGE 11-HOUSE BILL 24-1034 CONTRACT WITH THE DEPARTMENT TO ASSIST IN SECURING APPROPRIATE
SUPPORT AND CARE MANAGEMENT SERVICES FOR THE DEFENDANT
, WHICH
MAY INCLUDE HOUSING RESOURCES
; AND
(III) THE COURT SHALL CONDUCT A NONAPPEARANCE REVIEW
FOURTEEN DAYS AFTER THE DEFENDANT
'S RELEASE FROM CUSTODY TO
ENSURE THE DEFENDANT HAS BEEN RELEASED
. IF THE DEFENDANT IS NOT
RELEASED BY THE DATE OF THE NONAPPEARANCE REVIEW
, THE COURT SHALL
SET A HEARING TO DETERMINE WHETHER THE DEFE NDANT WILL BE RELEASED
OR TO ENTER AN ORDER PURSUANT TO SUBSECTION
(2)(c) OF THIS SECTION.
(b) I
F THE COURT DETERMINES THE DEFENDANT IS INCOMPETENT TO
PROCEED AND IS IN CUSTODY ON A MISDEMEANOR
, PETTY OFFENSE, OR
TRAFFIC OFFENSE
, THE COURT SHALL SET A HEARING ON BOND WITHIN SEVEN
DAYS AFTER THE COURT
'S FINAL DETERMINATION THAT THE DEFENDANT IS
INCOMPETENT TO PROCEED
. AT THE BOND HEARING , THERE IS A
PRESUMPTION THAT THE COURT SHA LL ORDER A PERSONAL RECOGNIZANCE
BOND AND ENTER AN ORDER FOR RESTORATION SERVICES PURSUANT TO
SUBSECTION
(2)(a) OF THIS SECTION. IN ORDER TO DENY THE DEFENDANT A
PERSONAL RECOGNIZANCE B OND AND ENTER AN ORDER TO COMMIT THE
DEFENDANT FOR INPATIENT RESTORATION SERVICES PURSUANT TO
SUBSECTION
(2)(c) OF THIS SECTION, THE COURT SHALL MAKE FINDINGS OF
FACT THAT EXTRAORDINARY CIRCUMSTANCES EXIST TO OVERCOME THE
PRESUMPTION OF RELEASE BY CLEAR AND CONVINCING EVIDENCE
. IF THE
COURT DENIES A PERSONAL RECOGNIZANCE BOND
, THE COURT SHALL NOTIFY
THE DEPARTMENT OF THE SPECIFIC FINDINGS THE COURT MADE TO DENY THE
PERSONAL RECOGNIZANCE BOND
.
(c) I
F THE COURT FINDS THAT THE DEFENDANT IS NOT ELIGIBLE FOR
RELEASE FROM CUSTODY OR NOT ABLE TO POST THE MONETARY CONDITION
OF BOND
, OR THE COURT APPROVES A RECOMMENDATION FROM THE
DEPARTMENT THAT INPATIENT RESTORATION SERVICES ARE CLINICALLY
APPROPRIATE
, THE COURT SHALL COMMIT THE DEFENDANT TO THE CUSTODY
OF THE DEPARTMENT AND ORDER INPATIENT RESTORATION SERVICES
.
(3) Certification for short-term treatment. (a) (I) I
F THE FINAL
DETERMINATION MADE PURSUANT TO SECTION
16-8.5-103 IS THAT THE
DEFENDANT IS INCOMPETENT TO PROCEED
, REGARDLESS OF WHETHER THE
COURT FINDS THAT THERE IS A SUBSTANTIAL PROBABILITY THAT THE
DEFENDANT
, WITH RESTORATION SERVICES , WILL ATTAIN COMPETENCY
PAGE 12-HOUSE BILL 24-1034 WITHIN THE REASONABLY FORESEEABLE FUTURE , THE DISTRICT ATTORNEY;
A PROFESSIONAL PERSON , AS DEFINED IN SECTION 27-65-102; A
REPRESENTATIVE OF THE BEHAVIORAL HEALTH ADMINISTRATION IN THE
DEPARTMENT
; OR A REPRESENTATIVE OF THE OFFICE OF CIVIL AND FORENSIC
MENTAL HEALTH MAY REQUEST TO INITIATE A PETITION FOR CERTIFICATION
FOR SHORT
-TERM TREATMENT OF THE DEFENDANT IN A COURT WITH
JURISDICTION
.
(II) T
HE COURT SHALL HEAR AND CONSIDER ANY OBJECTIONS FROM
THE DEFENDANT PRIOR TO ORDERING THE REQUESTING PARTY TO INITIATE
A PETITION FOR CERTIFICATION FOR SHORT
-TERM TREATMENT PURSUANT TO
SUBSECTION
(3)(a)(I) OF THIS SECTION.
(III) T
HE COURT MAY ORDER INITIATION OF CERTIFICATION FOR
SHORT
-TERM TREATMENT ONLY :
(A)
IF THE COURT FINDS REASONABLE GROUNDS TO BELIEVE THAT
THE DEFENDANT MEETS THE STANDARD FOR A CERTIFICATION FOR
SHORT
-TERM TREATMENT PURSUANT TO SECTION 27-65-108.5 OR 27-65-109;
AND
(B) IF THE DEFENDANT'S HIGHEST CHARGED OFFENSE IS A PETTY
OFFENSE
, TRAFFIC OFFENSE, OR MISDEMEANOR OFFENSE , OR WITH THE
AGREEMENT OF THE PROSECUTING ATTORNEY
, REGARDLESS OF THE
SEVERITY OF THE CHARGE
.
(b) I
F THE COURT REQUIRES THE REQUESTING PARTY TO INITIATE
CERTIFICATION FOR SHORT
-TERM TREATMENT PURSUANT TO SUBSECTION
(3)(a) OF THIS SECTION:
(I) T
HE PROSECUTING ATTORNEY AND THE DEPARTMENT SHALL
TRANSMIT ANY NECESSARY INFORMATION
, INCLUDING MEDICAL RECORDS,
COMPETENCY EVALUATIONS , MATERIALS USED IN THE COMPETENCY
PROCESS
, AND RESTORATION RECORDS , TO THE REQUESTING PARTY AND
SHALL COOPERATE WITH THE REQUESTING PARTY IN FILING A PETITION FOR
CERTIFICATION FOR SHORT
-TERM TREATMENT PURSUANT TO SECTION
27-65-108.5 OR 27-65-109;
(II) T
HE REQUESTING PARTY SHALL FILE A NOTICE IN THE CRIMINAL
CASE WHEN THE PETITION FOR CERTIFICATION FOR SHORT
-TERM TREATMENT
PAGE 13-HOUSE BILL 24-1034 IS FILED PURSUANT TO SECTION 27-65-108.5 OR 27-65-109;
(III) T
HE BEHAVIORAL HEALTH ADMINISTRATION IN THE
DEPARTMENT SHALL
, DIRECTLY OR THROUGH A CONTRACT , PROVIDE CARE
COORDINATION SERVICES PURSUANT TO SECTION
27-65-108 AFTER THE
CERTIFICATION FOR SHORT
-TERM TREATMENT IS FILED PURSUANT TO
SECTION
27-65-108.5 OR 27-65-109; AND
(IV) THE COURT MAY, UPON THE COURT'S OWN MOTION, FORGO AN
ORDER FOR RESTORATION SERVICES AND DISMISS THE CHARGES AGAINST THE
DEFENDANT WITHOUT PREJUDICE WHEN THE CERTIFICATION FOR
SHORT
-TERM TREATMENT IS INITIATED IF THE HIGHEST CHARGED OFFENSE IS
A PETTY OFFENSE
, TRAFFIC OFFENSE, OR MISDEMEANOR OFFENSE; OR
(V) THE COURT MAY, WITH THE AGREEMENT OF THE PROSECUTING
ATTORNEY AND DEFENDANT
, STAY THE RESTORATION ORDER TO ALLOW
CERTIFICATION FOR SHORT
-TERM TREATMENT PROCEEDINGS TO OCCUR AND
TO ALLOW THE DISTRICT ATTORNEY TO CONSIDER WHETHER DISMISSAL OF
THE CASE IS APPROPRIATE
. IN DETERMINING WHETHER DISMISSAL IS
APPROPRIATE WHILE THE CRIMINAL MATTER IS PENDING
, THE DEFENDANT,
THE DEFENDANT'S ATTORNEY IN THE CRIMINAL MATTER , AND THE
PROSECUTING ATTORNEY IN THE CRIMINAL MATTER HAVE ACCESS TO
LIMITED INFORMATION ABOUT ANY CIVIL PROCEEDINGS AGAINST THE
DEFENDANT PURSUANT TO SECTIONS
27-65-108.5, 27-65-109, 27-65-110,
AND 27-65-111. ANY INFORMATION OBTAINED MUST BE KEPT CONFIDENTIAL
UNLESS DISCLOSURE IS OTHERWISE AUTHORIZED BY LAW
. THE COURT SHALL
NOT EXTEND THE DEFENDANT
'S CRIMINAL CASE PAST THE TIME LIMITS SET
FORTH IN SECTION
16-8.5-116.5. THE LIMITED INFORMATION THAT THE
DEFENDANT
, DEFENDANT'S ATTORNEY, AND PROSECUTING ATTORNEY MAY
ACCESS INCLUDES
:
(A) W
HETHER CIVIL PROCEEDINGS ARE PENDING OR ONGOING ;
(B) W
HETHER THE DEFENDANT IS SUBJECT TO CERTIFICATION FOR
SHORT
-TERM OR LONG-TERM TREATMENT AND WHETHER THE DEFENDANT IS
BEING TREATED IN AN INPATIENT OR OUTPATIENT SETTING
;
(C) T
HE DATE AND TIME OF THE PROCEEDINGS , EVEN IF THE
PROCEEDINGS ARE CONFIDENTIAL OR CLOSED TO THE PROSECUTING
ATTORNEY OR THE DEFENDANT
'S CRIMINAL ATTORNEY; AND
PAGE 14-HOUSE BILL 24-1034 (D) THE FINAL DISPOSITION OF THE PROCEEDING.
(4) Restoration hearing. (a) I
F THE FINAL DETERMINATION MADE
PURSUANT TO SECTION
16-8.5-103 IS THAT THE DEFENDANT IS INCOMPETENT
TO PROCEED AND THE EVALUATOR OPINES AT ANY TIME THAT THERE IS NOT
A SUBSTANTIAL PROBABILITY THAT THE DEFENDANT
, WITH RESTORATION
SERVICES
, WILL ATTAIN COMPETENCY WITHIN THE REASONABLY
FORESEEABLE FUTURE
, THE COURT SHALL SET A HEARING WITHIN THE TIME
FRAME SET FORTH IN SECTION
16-8.5-113 (5). IF THE COURT RECEIVES THE
EVALUATOR
'S OPINION PURSUANT TO THIS SUBSECTION (4) PRIOR TO
ENTERING A RESTORATION ORDER
, THE COURT SHALL SET THE HEARING IN
LIEU OF ORDERING RESTORATION TREATMENT
.
(b) I
F THE FINAL DETERMINATION MADE PURSUANT TO SECTION
16-8.5-103 IS THAT THE DEFENDANT IS INCOMPETENT TO PROCEED AND THE
EVALUATOR OPINES
, PURSUANT TO SECTION 16-8.5-105 (5)(e)(I)(B), OR
ANOTHER QUALIFIED EXPERT OPINES THAT THE DEFENDANT
'S DIAGNOSIS
LIKELY INCLUDES A MODERATE TO SEVERE INTELLECTUAL OR
DEVELOPMENTAL DISABILITY
, ACQUIRED TRAUMATIC BRAIN INJURY , OR
DEMENTIA
, WHICH EITHER ALONE OR TOGETHER WITH A CO -OCCURRING
MENTAL ILLNESS AFFECTS THE DEFENDANT
'S ABILITY TO GAIN OR MAINTAIN
COMPETENCY
, THE COURT SHALL SET A HEARING WITHIN THE TIME FRAME
SET FORTH IN SECTION
16-8.5-113 (5) ON THE ISSUE OF WHETHER THERE IS
A SUBSTANTIAL PROBABILITY THAT THE DEFENDANT WILL BE RESTORED TO
COMPETENCY IN THE REASONABLY FORESEEABLE FUTURE
. IF THE COURT
RECEIVES THE EVALUATOR
'S OPINION PURSUANT TO THIS SUBSECTION (4)
PRIOR TO ENTERING A RESTORATION ORDER , THE COURT SHALL SET A
HEARING IN LIEU OF ORDERING RESTORATION TREATMENT
.
(c) A
T ANY HEARING CONDUCTED PURSUANT TO SUBSECTION (4)(a)
OR (4)(b) OF THIS SECTION:
(I) A
N ADMITTED REPORT OR TESTIMONY FROM A QUALIFIED EXPERT
OPINING THAT THE DEFENDANT IS INCOMPETENT TO PROCEED AND THAT
THERE IS NOT A SUBSTANTIAL PROBABILITY THAT THE DEFENDANT
, WITH
RESTORATION SERVICES
, WILL ATTAIN COMPETENCY WITHIN THE
REASONABLY FORESEEABLE FUTURE IS PRIMA FACIE EVIDENCE THAT
CREATES A PRESUMPTION OF FACT
. AN ADMITTED REPORT OR TESTIMONY
FROM A QUALIFIED EXPERT WHO OPINES THAT THE DEFENDANT
'S DIAGNOSIS
LIKELY INCLUDES A NEUROCOGNITIVE OR NEURODEVELOPMENTAL
PAGE 15-HOUSE BILL 24-1034 IMPAIRMENT THAT EITHER ALONE OR TOGETHER WITH A CO -OCCURRING
MENTAL ILLNESS AFFECTS THE DEFENDANT
'S ABILITY TO GAIN OR MAINTAIN
COMPETENCY
, IS PRIMA FACIE EVIDENCE OF AND CREATES A PRESUMPTION
THAT THE DEFENDANT IS INCOMPETENT TO PROCEED AND THERE IS NOT A
SUBSTANTIAL PROBABILITY THAT THE DEFENDANT
, WITH RESTORATION
SERVICES
, WILL ATTAIN COMPETENCY WITHIN THE REASONABLY
FORESEEABLE FUTURE
.
(II) I
F THE COURT HAS NOT YET ORDERED RESTORATION SERVICES
AND RESTORATION SERVICES HAVE NOT BEEN PROVIDED
, A PARTY
ATTEMPTING TO OVERCOME THE PRESUMPTION MUST PROVE BY A
PREPONDERANCE OF THE EVIDENCE THAT THERE IS A VIABLE RESTORATION
TREATMENT THAT WILL RESTORE THE DEFENDANT TO COMPETENCY AND A
SUBSTANTIAL PROBABILITY THAT RESTORATION EFFORTS WILL BE
SUCCESSFUL WITHIN THE REASONABLY FORESEEABLE FUTURE
;
(III) I
F THE DEFENDANT'S DIAGNOSIS INCLUDES A NEUROCOGNITIVE
OR NEURODEVELOPMENTAL IMPAIRMENT
, WHETHER OR NOT CO-OCCURING
WITH A MENTAL ILLNESS THAT SUBSTANTIALLY AFFECTS THE DEFENDANT
'S
ABILITY TO GAIN OR MAINTAIN COMPETENCY
, THE PARTY ATTEMPTING TO
OVERCOME THE PRESUMPTION MUST SHOW BY CLEAR AND CONVINCING
EVIDENCE THAT THERE IS A VIABLE RESTORATION TREATMENT THAT IS
SUBSTANTIALLY LIKELY TO RESTORE THE DEFENDANT TO COMPETENCY IN
THE REASONABLY FORESEEABLE FUTURE
; AND
(IV) IF THE COURT HAS ORDERED RESTORATION SERVICES AND THE
COURT FINDS RECENT RESTORATION SERVICES HAVE BEEN ATTEMPTED AND
THE DEFENDANT WAS NOT RESTORED TO COMPETENCY
, A PARTY
ATTEMPTING TO OVERCOME THE PRESUMPTION MUST PROVE BY CLEAR AND
CONVINCING EVIDENCE THAT THE DEFE NDANT
, WITH CONTINUED
RESTORATION SERVICES
, WILL ATTAIN COMPETENCY IN THE REASONABLY
FORESEEABLE FUTURE AND THAT THE DEFENDANT CAN MAINTAIN
COMPETENCY THROUGH THE ADJUDICATION OF THE CASE
.
(d) A
T THE CONCLUSION OF ANY HEARING SET PURSUANT TO
SUBSECTION
(4)(a) OR (4)(b) OF THIS SECTION:
(I) I
F THE COURT DOES NOT FIND THAT THE PARTY ASSERTING THAT
THERE IS A SUBSTANTIAL PROBABILITY THAT THE DEFENDANT
, WITH
RESTORATION SERVICES
, WILL ATTAIN COMPETENCY IN THE REASONABLY
PAGE 16-HOUSE BILL 24-1034 FORESEEABLE FUTURE HAS OVERCOME THE PRESUMPTION , THE COURT SHALL
DISMISS THE CASE PURSUANT TO SECTION
16-8.5-116.5 (1)(a); EXCEPT THAT
THE COURT MAY STAY THE DISMISSAL
, IF APPROPRIATE, AS PROVIDED IN
SECTION
16-8.5-116.5 (7); AND
(II) IF THE COURT FINDS THAT THE PARTY ASSERTING THAT THERE IS
A SUBSTANTIAL PROBABILITY THAT THE DEFENDANT
, WITH RESTORATION
SERVICES
, WILL ATTAIN COMPETENCY IN THE REASONABLY FORESEEABLE
FUTURE HAS OVERCOME THE PRESUMPTION
, THE COURT SHALL ORDER
APPROPRIATE RESTORATION SERVICES AND SET A REVIEW
.
(5) Dismissal of charges. T
O ENSURE COMPLIANCE WITH RELEVANT
CONSTITUTIONAL PRINCIPLES
, IF THE COURT AT ANY POINT DETERMINES
THAT THERE IS NOT A SUBSTANTIAL PROBABILITY THAT THE DEFENDANT
WILL BE RESTORED TO COMPETENCY WITHIN THE REASONABLY FORESEEABLE
FUTURE
, THE COURT SHALL, UPON MOTION OF THE DISTRICT ATTORNEY, THE
DEFENDANT
, OR ON ITS OWN MOTION, DISMISS THE CRIMINAL PROCEEDINGS
PURSUANT TO SECTION
16-8.5-116.5 (1)(a). SUBJECT TO THE PROVISIONS
AND PRESUMPTIONS OF THIS SECTION THAT MAY APPLY
, A COURT SHALL NOT
CONTINUE CRIMINAL PROCEEDINGS AGAINST AN INCOMPETENT DEFENDANT
,
EXCEPT TO STAY A DISMISSAL PURSUANT TO SECTION 16-8.5-116.5 (7),
UNLESS, AFTER PROPER EVALUATION , THE COURT FINDS IT MORE LIKELY
THAN NOT THAT THE DEFENDANT WILL BE RESTORED TO COMPETENCY IN THE
REASONABLY FORESEEABLE FUTURE
.
(6) Defendant's volitional lack of cooperation or unwillingness
to participate - definition. (a) N
OTHING IN THIS ARTICLE 8.5 PROHIBITS
THE COURT FROM FINDING THAT THE DEFENDANT IS RESTORABLE TO
COMPETENCY IN THE REASONABLY FORESEEABLE FUTURE BASED ON THE
DEFENDANT
'S VOLITIONAL LACK OF COOPERATION OR UNWILLINGNESS TO
PARTICIPATE IN RESTORATION SERVICES AND TREATMENT IF THE DEFENDANT
COULD BE RESTORED TO COMPETENCY IN THE REASONABLY FORESEEABLE
FUTURE IF THE DEFENDANT COOPERATED AND PARTICIPATED IN THE
RESTORATION SERVICES AND TREATMENT
.
(b) F
OR THE PURPOSES OF THIS SUBSECTION (6), "VOLITIONAL LACK
OF COOPERATION OR UNWILLINGNESS TO PARTICIPATE
" INCLUDES THE
DEFENDANT NOT ATTENDING RESTORATION SERVICES OR THE DEFENDANT
'S
REFUSAL TO TAKE PRESCRIBED MEDICATIONS
, ESPECIALLY WHEN THE
DEFENDANT INTENDS TO AVOID OR DELAY THE COURT CASE FROM
PAGE 17-HOUSE BILL 24-1034 PROCEEDING. "VOLITIONAL LACK OF COOPERATION OR UNWILLINGNESS TO
PARTICIPATE
" DOES NOT INCLUDE ACTS THAT RESULT FROM THE BONA FIDE
MEDICAL OR MENTAL HEALTH DISORDER FOR WHICH THE DEFENDANT IS
INCOMPETENT OR A DEFENDANT
'S ATTEMPT TO RAISE A BONA FIDE , GOOD
FAITH CONCERN ABOUT MEDICATION SIDE EFFECTS AND RISKS
.
(7) Outpatient restoration services. I
F THE DEFENDANT IS OUT OF
CUSTODY AND THE COURT HAS ORDERED RESTORATION SERVICES PURSUANT
TO SUBSECTION
(2)(a) OF THIS SECTION:
(a) P
URSUANT TO SECTION 27-60-105, THE DEPARTMENT IS THE
ENTITY RESPONSIBLE FOR THE COORDINATION OF ALL COMPETENCY
RESTORATION SERVICES
, INCLUDING THE OVERSIGHT OF RESTORATION
EDUCATION
;
(b) T
HE RESTORATION SERVICES PROVIDER UNDER CONTRACT WITH
THE DEPARTMENT SHALL NOTIFY THE COURT
, THE DEPARTMENT, THE
BRIDGES COURT LIAISON
, AND ANY OTHER DESIGNATED AGENCY WITHIN
TWENTY
-ONE DAYS AFTER THE COURT'S ORDER IF RESTORATION SERVICES
HAVE NOT STARTED AND INCLUDE A DESCRIPTION OF THE EFFORTS THAT
HAVE BEEN MADE TO ENGAGE THE DEFENDANT IN SERVICES
; AND
(c) IF THE DEPARTMENT DETERMINES THAT THE DEPARTMENT IS
UNABLE
, WITHIN A REASONABLE TIME, TO PROVIDE RESTORATION SERVICES
ON AN OUTPATIENT BASIS
, THE DEPARTMENT SHALL NOTIFY THE COURT
WITHIN FOURTEEN DAYS AFTER THE DEPARTMENT
'S DETERMINATION, AT
WHICH POINT THE COURT SHALL REVIEW THE CASE AND DETERMINE WHAT
INTERIM MENTAL HEALTH SERVICES THE DEPARTMENT OR A COMMUNITY
PROVIDER CAN PROVIDE TO THE DEFENDANT
. IF A BRIDGES COURT LIAISON
IS APPOINTED
, THE DEPARTMENT SHALL REPORT TO THE BRIDGES COURT
LIAISON EVERY TWENTY
-EIGHT DAYS CONCERNING THE AVAILABILITY OF
RESTORATION SERVICES ON AN OUTPATIENT BASIS TO THE DEFENDANT
.
(8) Inpatient restoration services. (a) I
F THE COURT COMMITS THE
DEFENDANT TO THE CUSTODY OF THE DEPARTMENT AND ORDERS INPATIENT
RESTORATION SERVICES
:
(I) T
HE EXECUTIVE DIRECTOR SHALL DESIGNATE A STATE FACILITY
OR FACILITIES WHERE THE DEFENDANT IS HELD FOR CARE AND PSYCHIATRIC
TREATMENT AND RECEIVES RESTORATION SERVICES
, AND MAY TRANSFER
PAGE 18-HOUSE BILL 24-1034 THE DEFENDANT FROM ONE FACILITY TO ANOTHER IF , IN THE OPINION OF THE
DIRECTOR
, DOING SO IS IN THE BEST INTEREST OF PROPER CARE, CUSTODY,
AND TREATMENT OF THE DEFENDANT OR THE PROTECTION OF THE PUBLIC OR
THE PERSONNEL OF THE FACILITIES IN QUESTION
. THE DEPARTMENT SHALL
PROVIDE RESTORATION SERVICES AT AN APPROPRIATE INPATIENT PROGRAM
.
T
HE DEPARTMENT SHALL NOTIFY THE COURT , THE BRIDGES COURT LIAISON,
THE PROSECUTING ATTORNEY , AND THE DEFENSE ATTORNEY WHEN THE
DEFENDANT IS PLACED OR MOVED TO A DIFFERENT PROGRAM
.
(II) T
HE DEPARTMENT SHALL ADMIT TIER 1 DEFENDANTS FOR
RESTORATION SERVICES WITHIN SEVEN DAYS AFTER RECEIPT OF THE COURT
ORDER AND COLLATERAL MATERIALS
;
(III) T
HE DEPARTMENT SHALL ADMIT TIER 2 DEFENDANTS FOR
RESTORATION SERVICES WITHIN TWENTY
-EIGHT DAYS AFTER RECEIPT OF THE
COURT ORDER AND COLLATERAL MATERIALS AND SHALL ADVISE THE COURT
AND THE BRIDGES COURT LIAISON
, IF APPLICABLE, EVERY TWENTY-EIGHT
DAYS AFTER THE INITIAL TWENTY
-EIGHT-DAY PERIOD REGARDING THE
AVAILABILITY OF AN INPATIENT BED AND WHEN ADMISSION WILL BE OFFERED
TO THE DEFENDANT
.
(b) I
F A DEFENDANT IS RECEIVING INPATIENT RESTORATION SERVICES
AND THE EXECUTIVE DIRECTOR CONCLUDES THAT
:
(I) A
LESS-RESTRICTIVE FACILITY WOULD BE MORE CLINICALLY
APPROPRIATE
, THE EXECUTIVE DIRECTOR, WITH PROPER NOTICE TO THE
COURT AND CONSISTENT WITH THE PROVISIONS OF PART
3 OF ARTICLE 4.1 OF
TITLE
24, MAY MOVE THE DEFENDANT TO A LESS -RESTRICTIVE FACILITY IF,
IN THE EXECUTIVE DIRECTOR 'S OPINION, THE DEFENDANT IS NOT YET
RESTORED TO COMPETENCY BUT COULD BE PROPERLY RESTORED TO
COMPETENCY IN A LESS
-RESTRICTIVE FACILITY. IF THE DEFENDANT IS NOT
RELEASED FROM CUSTODY
, THE COURT SHALL ORDER THE DEPARTMENT TO
PROVIDE INPATIENT SERVICES AT A LOCATION DETERMINED BY THE
DEPARTMENT
.
(II) O
UTPATIENT RESTORATION SERVICES WOULD BE MORE
CLINICALLY APPROPRIATE
, THE DEPARTMENT SHALL:
(A) N
OTIFY THE COURT AND REQUEST THAT THE DEFENDANT BE
CONSIDERED FOR RELEASE ON A NONMONETARY BOND IF THE DEFENDANT IS
PAGE 19-HOUSE BILL 24-1034 NOT CURRENTLY RELEASED ON BOND ; AND
(B) PROVIDE TO THE COURT INFORMATION REGARDING THE
APPROPRIATE OUTPATIENT RESTORATION SERVICES
, DEVELOPED IN
CONJUNCTION WITH THE BRIDGES COURT LIAISON
, WHEN ASSIGNED, AND THE
REASONS WHY THE DEFENDANT COULD BE PROPERLY RESTORED TO
COMPETENCY ON AN OUTPATIENT BASIS
.
(c) I
F THE DEFENDANT POSTS BOND OR THE COURT ORDERS
OUTPATIENT RESTORATION SERVICES IN LIEU OF CONTINUED INPATIENT
SERVICES
, OR IF THE DEPARTMENT BELIEVES THAT THE DEFENDANT IS
RESTORED TO COMPETENCY AND THE DEFE NDANT IS TO BE RELEASED TO THE
COMMUNITY RATHER THAN JAIL UPON DISCHARGE
, THE DEPARTMENT SHALL:
(I) A
SSIST THE DEFENDANT WITH ANY NECESSARY TRANSPORTATION ;
(II) P
ROVIDE THE NECESSARY CASE AND MEDICATION INFORMATION
FOR THE DEFENDANT TO THE BRIDGES COURT LIAISON AND THE COMMUNITY
AGENCY THAT WILL PROVIDE CONTINUED RESTORATION
, IF APPLICABLE, OR
SERVICES
;
(III) N
OTIFY THE COURT AND THE BRIDGES COURT LIAISON THAT THE
DEFENDANT WAS RELEASED AND THE DEFENDANT
'S COMMUNITY BOND
STATUS
; AND
(IV) COORDINATE WITH THE COURT ; PRETRIAL SERVICES, IF
APPLICABLE
; AND THE BRIDGES COURT LIAISON TO ENSURE THE DEFENDANT
RECEIVES WRITTEN NOTICE OF THE DEFENDANT
'S NEXT COURT APPEARANCE
AND BOND CONDITIONS
.
(d) I
F THE DEFENDANT IS DISCHARGED FROM THE DEPARTMENT 'S
CUSTODY AFTER RECEIVING INPATIENT RESTORATION SERVICES AND THE
DEFENDANT IS TO BE RETURNED TO THE CUSTODY OF THE COUNTY JAIL
, THE
DEPARTMENT SHALL
:
(I) N
OTIFY THE SHERIFF OF THE JURISDICTION WHERE THE
DEFENDANT IS TO BE RETURNED
;
(II) N
OTIFY THE COURT AND THE BRIDGES COURT LIAISON THAT THE
DEPARTMENT IS RETURNING THE DEFENDANT TO THE CUSTODY OF THE
PAGE 20-HOUSE BILL 24-1034 COUNTY JAIL; AND
(III) WORK WITH THE SHERIFF, THE BRIDGES COURT LIAISON, AND
ANY BEHAVIORAL HEALTH PROVIDERS IN THE COUNTY JAIL TO ENSURE THAT
THE COUNTY JAIL HAS THE NECESSARY INFORMATION TO PREVENT ANY
DECOMPENSATION BY THE DEFENDANT WHILE THE DEFENDANT IS IN THE
COUNTY JAIL
, WHICH MUST INCLUDE MEDICATION INFORMATION WHEN
CLINICALLY APPROPRIATE
.
(9) Return to custody of county jail. W
HEN THE DEPARTMENT
SUBMITS A REPORT TO THE COURT THAT THE DEPARTMENT
'S POSITION IS
THAT THE DEFENDANT IS RESTORED TO COMPETENCY
, THE DEFENDANT MAY
BE RETURNED TO THE CUSTODY OF THE COUNTY JAIL
. THE SHERIFF SHALL
RETURN THE DEFENDANT TO THE CUSTODY OF THE COUNTY JAIL WITHIN
SEVENTY
-TWO HOURS AFTER RECEIPT OF THE DEPARTMENT 'S NOTICE.
SECTION 10. In Colorado Revised Statutes, 16-8.5-112, amend
(1), (2), and (3) as follows:
16-8.5-112. Venue for collateral hearings. (1) If a defendant
committed to the custody of the department for evaluation or for restoration
treatment meets the constitutional requirements for the administration of
involuntary medication, the defendant's treating physician may petition the
court for an order requiring that the defendant accept the treatment or,
alternatively, that the medication be forcibly administered to the defendant.
The department shall, prior to the hearing on the petition, deliver a copy of
the petition to the court that committed the defendant to the custody of the
department, the prosecuting attorney, and the defendant's legal
representation in the criminal case, if such representation exists, and to the
defendant directly if he or she
THE DEFENDANT does not have legal
representation. A physician shall assess and document the defendant's
mental status prior to the administration of medication.
(2) A petition for involuntary treatment shall
MUST be heard in the
court of the jurisdiction where the defendant is located. The department
shall promptly deliver a copy of the order granting or denying the petition
to the court that committed the defendant to the custody of the department,
the prosecuting attorney, and the defendant's legal representation in the
criminal case, if such representation exists, and to the defendant directly if
he or she
THE DEFENDANT does not have legal representation.
PAGE 21-HOUSE BILL 24-1034 (3) If the committing court elects to transfer venue for medication
hearings to the court of the jurisdiction in which WHERE the defendant is
located, the committing county shall reimburse the county in which WHERE
the proceeding is heard for the reasonable costs incurred in conducting the proceeding. Alternatively, the district attorney for the committing county, or in any county or any city and county having a population exceeding fifty thousand persons
PEOPLE, the county attorney for the committing county,
may prosecute the proceeding as the proponent of the physician's petition.
SECTION 11. In Colorado Revised Statutes, 16-8.5-113, amend
(1), (2), (5), and (6) as follows:
16-8.5-113. Restoration to competency. (1) The court may order
a restoration hearing at any time on its own motion, on motion of the
prosecuting attorney, or on motion of the defendant;
EXCEPT THAT THE
COURT SHALL ORDER A RESTORATION HEARING WHEN REQUIRED PURSUANT
TO SECTION
16-8.5-111 (4)(a) OR (4)(b).
(2) Within fourteen days after receipt of a report from the
department or other court-approved provider of restoration services
certifying that the defendant is competent to proceed, either party may
request a hearing or a second evaluation. The court shall determine whether
to allow the second evaluation or proceed to a hearing on competency. If the
second evaluation is requested by the court or by an indigent defendant, it
THE EVALUATION must be paid for by the court.
(5) If a party makes a timely request for a hearing, the hearing shall
MUST be held within thirty-five days after the request for a hearing or, if
applicable, within thirty-five days after the filing of the second evaluation
report, unless the time is extended by the court after a finding of good
cause.
(6) At the hearing,
THE PARTY ASSERTING THAT THE DEFENDANT IS
COMPETENT HAS THE BURDEN OF PROOF BY A PREPONDERANCE OF THE
EVIDENCE AND
the burden of submitting evidence. and the burden of proofby a preponderance of the evidence shall be upon the party asserting that the
defendant is competent. At the hearing, the court shall determine whether
the defendant is restored to competency.
SECTION 12. In Colorado Revised Statutes, 16-8.5-116, amend
PAGE 22-HOUSE BILL 24-1034 (2)(b) introductory portion, (2)(c) introductory portion, (2)(c)(V),
(2)(c)(VI), (3), and (5); repeal (1) and (4); and add (2)(c)(VII) as follows:
16-8.5-116. Certification - reviews - rules. (1) Subject to the time
periods and legal standards set forth in this section, whichever is shortest,
a defendant committed to the custody of the department or otherwise
confined as a result of a determination of incompetency to proceed must not
remain confined for a period in excess of the maximum term of
confinement that could be imposed for only the single most serious offense
with which the defendant is charged, less thirty percent for a misdemeanor
offense and less fifty percent for a felony offense. At the end of such time
period, the court shall dismiss the charges, and certification proceedings or
provision of services, if any, are governed by article 65 or 10.5 of title 27.
(2) (b) On and after July 1, 2020, At least ten days before each
review, the individual or entity evaluating the defendant shall provide the
court with a report describing:
(c) Additionally, on and after July 1, 2020,
At least ten days before
each review, the department treating team shall provide to the court an
additional report that summarizes:
(V) The opinion of the treating team on the defendant's mental
health functioning and ability to function on an outpatient basis for
restoration services; and
(VI) Whether the defendant, based on observations of the
defendant's behavior in the facility, presents a substantial risk to the
physical safety of himself or herself
THE DEFENDANT'S SELF, of another
person, or of the community if released for community restoration;
AND
(VII) ANY OPINIONS WHICH WOULD BE REQUIRED DURING AN INITIAL
EVALUATION PURSUANT TO SECTION
16-8.5-105 (5)(f).
(3) After the initial review pursuant to subsection (2)(a) of this
section, the court shall review the case of the defendant every ninety-one
days. thereafter until four reviews have been conducted. At least ten days
before each review, the individual or entity evaluating the defendant shall
provide the court with an updated report as described in subsection (2)(b)
of this section and the treatment staff shall provide an updated summary of
PAGE 23-HOUSE BILL 24-1034 observations as described in subsection (2)(c) of this section.
(4) After the fourth review, the court shall review the competency
of the defendant every ninety-one days until the defendant is restored to
competency or the court determines, based on available evidence, that there
is not a substantial probability that the defendant will be restored to
competency in the reasonably foreseeable future. If the court determines
based on available evidence there is not a substantial probability that the
defendant will be restored to competency in the reasonably foreseeable
future, the court shall dismiss the case subject to the provisions of
subsection (10) of this section.
(5) The court shall forward a copy of each report and summary
received pursuant to subsections (2), (3), and (4) SUBSECTIONS (2) AND (3)
of this section to the county attorney or district attorney required to conduct
proceedings pursuant to section 27-65-113 (6) for the county in which the
case is pending and, when a
BRIDGES court liaison is appointed, to the
BRIDGES court liaison.
SECTION 13. In Colorado Revised Statutes, add with amended
and relocated provisions 16-8.5-116.5 as follows:
16-8.5-116.5. Restoration - time limits - dismissal of charges -
exceptions - rules. (1) [Formerly 16-8.5-116 IP(6)] Notwithstanding the
time periods provided in subsections (7), (8), and (9) of this section and To
ensure compliance with relevant constitutional principles, for any offense
for which the defendant is ordered to receive competency restoration
services in an inpatient or outpatient setting, if the court determines, based
on available evidence, that there is not a substantial probability that the
defendant,
WITH RESTORATION SERVICES, will be restored to competency
within the reasonably foreseeable future, the court: may order the
defendant's release from commitment pursuant to this article 8.5 through
one or more of the following means:
(a) [Formerly 16-8.5-116 (6)(a)] Upon motion of the district
attorney, the defendant, or on its own motion, the court may terminate
SHALL DISMISS the criminal proceedings, the commitment, or the restoration
services order
UPON MOTION OF THE DISTRICT ATTORNEY , THE DEFENDANT,
OR ON ITS OWN MOTION;
PAGE 24-HOUSE BILL 24-1034 (b) [Formerly 16-8.5-116 (6)(b) as it will become effective July 1,
2024] If the court finds reasonable grounds to believe the defendant meets
criteria for a certification for short-term treatment pursuant to section
27-65-108.5 or 27-65-109, the court May order the district attorney, or upon
request from the district attorney, a professional person, as defined in
section 27-65-102; a representative of the behavioral health administration
in the department; or a representative of the office of civil and forensic
mental health to initiate, in a court with jurisdiction, a proceeding for a
certification for short-term treatment of the defendant pursuant to section
27-65-108.5 or 27-65-109
IF THE COURT FINDS REASONABLE GROUNDS TO
BELIEVE THE DEFENDANT MEETS CRITERIA FOR A CERTIFICATION FOR
SHORT
-TERM TREATMENT PURSUANT TO SECTION 27-65-108.5 OR 27-65-109;
(c) [Formerly 16-8.5-116 (6)(c)] In the case of a defendant who has
been found eligible for services pursuant to article 10.5 of title 27 due to an
intellectual and developmental disability, the court MAY, or a party may,
initiate an action to restrict the rights of the defendant pursuant to article
10.5 of title 27
IN THE CASE OF A DEFENDANT WHO HAS BEEN FOUND
ELIGIBLE FOR SERVICES PURSUANT TO ARTICLE
10.5 OF TITLE 27 DUE TO AN
INTELLECTUAL AND DEVELOPMENTAL DISABILITY
; or
(d) [Formerly 16-8.5-116 (6)(d)] On and after July 1, 2020, the
department shall SHALL REQUIRE THE DEPARTMENT TO ensure that case
management services and support are made available to any defendant
released from commitment pursuant to this article 8.5 due to the substantial
probability that the defendant will not be restored to competency in the
reasonable
REASONABLY foreseeable future.
(2) [Formerly 16-8.5-116 (7)] At any A review hearing held
concerning the defendant's competency to proceed, the court shall dismiss
the charges against the defendant and release the defendant from
confinement subject to the provisions of subsection (10)
PURSUANT TO
SUBSECTION
(7) of this section if:
(a) The defendant:
(I) Is charged with a misdemeanor, a misdemeanor drug offense, a
petty offense, or a traffic offense;
(II) Has been committed to the custody of the department or
PAGE 25-HOUSE BILL 24-1034 otherwise confined as a result of a determination of incompetency to
proceed;
(III) Has received competency restoration services while committed
or otherwise confined for an aggregate time of six months; and THE
DEFENDANT
'S HIGHEST CHARGED OFFENSE IS A CLASS 1 MISDEMEANOR OR IS
A LEVEL
4 DRUG FELONY AND THE DEFENDANT HAS BEEN IN THE
DEPARTMENT
'S CUSTODY FOR RESTORATION SERVICES OR HAS BEEN
CONFINED IN A JAIL OR OTHER DETENTION FACILITY AWAITING TRANSPORT
TO THE DEPARTMENT FOR COURT
-ORDERED RESTORATION FOR AN
AGGREGATE TIME OF SIX MONTHS
; AND
(b) The court determines, based on available evidence, that the
defendant remains incompetent to proceed.
(3) [Formerly 16-8.5-116 (8)] At any
A review hearing held
concerning the defendant's competency to proceed, the court shall dismiss
the charges against the defendant and release the defendant from
confinement subject to the provisions of subsection (10)
PURSUANT TO
SUBSECTION
(7) of this section if:
(a) The defendant:
(I) Is charged with a class 5 or class 6 felony, except for those
offenses enumerated in section 24-4.1-302 (1), or with a level 3 or level 4
drug felony;
(II) Has been committed to the custody of the department or
otherwise confined as a result of a determination of incompetency to
proceed; and
(III) Has received competency restoration services while committed
or otherwise confined for an aggregate time of one year; and THE
DEFENDANT
'S HIGHEST CHARGED OFFENSE IS A CLASS 5 OR CLASS 6 FELONY
OR A LEVEL
3 DRUG FELONY AND THE DEFENDANT HAS BEEN IN THE
DEPARTMENT
'S CUSTODY FOR RESTORATION SERVICES OR HAS BEEN
CONFINED IN A JAIL OR OTHER DETENTION FACILITY AWAITING TRANSPORT
TO THE DEPARTMENT FOR COURT
-ORDERED RESTORATION FOR AN
AGGREGATE PERIOD OF ONE YEAR
; AND
PAGE 26-HOUSE BILL 24-1034 (b) The court determines, based on available evidence, that the
defendant remains incompetent to proceed.
(4) A
T A REVIEW HEARING HELD CONCERNING THE DEFENDANT 'S
COMPETENCY TO PROCEED
, THE COURT SHALL DISMISS THE CHARGES
AGAINST THE DEFE NDANT AND RELEASE THE DEFE NDANT FROM
CONFINEMENT PURSUANT TO SUBSECTION
(7) OF THIS SECTION, IF:
(a) T
HE DEFENDANT'S HIGHEST CHARGED OFFENSE IS A CLASS 4
FELONY AND THE DEFENDANT HAS BEEN IN THE DEPARTMENT 'S CUSTODY FOR
RESTORATION SERVICES OR HAS BEEN CONFINED IN A JAIL OR OTHER
DETENTION FACILITY AWAITING TRANSPORT TO THE DEPARTMENT FOR
COURT
-ORDERED RESTORATION FOR AN AGGREGATE PERIOD OF TWO YEARS ;
AND
(b) THE COURT DETERMINES, BASED ON AVAILABLE EVIDENCE, THAT
THE DEFENDANT REMAINS INCOMPETENT TO PROCEED
.
(5) [Formerly 16-8.5-116 (9)] S
UBSECTIONS (2), (3), AND (4) OF THIS
SECTION DO NOT APPLY
if the defendant is charged with any other felony
offense except a class 1, 2, or 3 felony offense; a sex offense as defined in
section 18-1.3-1003 (5); a crime of violence as defined in section
18-1.3-406 (2); or a level 1 or level 2 drug felony. and has been committed
to the custody of the department or otherwise confined as a result of a
determination of incompetency to proceed the following provisions apply:
(a) If the defendant has received competency restoration services
while committed or otherwise confined for an aggregate time of two years
and the court determines, based on available evidence, that the defendant
is not restored to competency, then the court shall dismiss the charges
against the defendant, subject to the provisions of subsection (10) of this
section, unless any party objects to dismissal.
(b) If a party objects to dismissal of charges pursuant to subsection
(9)(a) of this section, the court shall set the matter for a hearing. Upon
completion of the hearing, the court shall dismiss the charges unless the
court determines that the party objecting to the dismissal establishes by
clear and convincing evidence that there is a compelling public interest in
continuing the prosecution and there is a substantial probability that the
defendant will attain competency in the foreseeable future. If the court
PAGE 27-HOUSE BILL 24-1034 declines to dismiss the charges, the court shall address the appropriateness
of continued confinement and may alter or reduce bond if appropriate
pursuant to article 4 of this title 16 or the decision to commit the defendant
to the department pursuant to section 16-8.5-111.
(6) THE COURT SHALL DISMISS THE DEFENDANT 'S CASE IF:
(a) T
HE DEFENDANT IS FOUND INCOMPETENT TO PROCEED ;
(b) T
HE CHARGES AGAINST THE DEFENDANT HAVE NOT BEEN
DISMISSED PURSUANT TO THIS SECTION
; AND
(c) THE DEFENDANT'S PRESENTENCE CONFINEMENT CREDIT ,
INCLUDING ANY TIME PERIOD THE DEFENDANT WAS COMMITTED FOR
INPATIENT RESTORATION
, OR CONFINED IN JAIL OR ANOTHER DETENTION
FACILITY AWAITING INPATIENT RESTORATION SERVICES
, EXCEEDS THE
MAXIMUM SENTENCE FOR THE DEFENDANT
'S HIGHEST CHARGED OFFENSE.
(7) [Formerly 16-8.5-116 (10) as it will become effective July 1,
2024] Prior to the dismissal of charges pursuant to subsection (1), (4), (6),
(7), (8), or (9) of this section OR SECTION 16-8.5-111 (5), unless the court
has already ordered a person to initiate proceedings for a certification for
short-term treatment, the court shall make findings whether there are
reasonable grounds to believe the person meets the standard for a
certification for short-term treatment. If the court finds there are reasonable
grounds, the court may stay the dismissal for thirty-five days and notify any
professional person, as defined in section 27-65-102, a representative of the
behavioral health administration in the department, or a representative of
the office of civil and forensic mental health who has recently treated or
interacted with the defendant that there are reasonable grounds for
short-term treatment and afford the person an opportunity to pursue
certification proceedings or to arrange necessary services.
(8) P
RIOR TO THE DISMISSAL OF CHARGES PURSUANT TO SECTION
16-8.5-111 (5), WHEN THE DEFENDANT 'S DIAGNOSIS INCLUDES A
NEUROCOGNITIVE OR NEURODEVELOPMENTAL IMPAIRMENT
, THE COURT MAY
STAY THE DISMISSAL FOR THIRTY
-FIVE DAYS. IF THE COURT STAYS THE
DISMISSAL
, THE COURT MAY ORDER THE BRIDGES COURT LIAISON TO ASSIST
WITH CASE PLANNING AND COORDINATING WITH SERVICES
, INCLUDING
COORDINATING WITH GOVERNMENT ENTITIES OR COMMUNITY
-BASED
PAGE 28-HOUSE BILL 24-1034 ORGANIZATIONS THAT ARE CAPABLE OF PROVIDING RESOURCES TO THE
DEFENDANT UPON DISMISSAL OF CHARGES
.
(9) [Formerly 16-8.5-116 (11)] In any circumstance where
WHEN the
defendant's case was dismissed or the defendant was released from
confinement, the court shall enter a written decision explaining why the
court did or did not terminate the criminal proceeding or the commitment
or restoration order.
(10) [Formerly 16-8.5-116 (12)] If charges against a defendant are
dismissed pursuant to this section
OR SECTION 16-8.5-111 (5), such charges
are not eligible for sealing pursuant to section 24-72-705.
(11) [Formerly 16-8.5-116 (13)] The department shall promulgate
such rules as necessary to consistently enforce the provisions of this article
8.5.
(12) [Formerly 16-8.5-116 (14)] On and after July 1, 2020,
The
court may, at any time of SHALL, AT AN APPROPRIATE TIME IN the restoration
process, order the department
OR THE APPOINTED BRIDGES COURT LIAISON ,
AS DEFINED IN SECTION 13-95-102, to provide the court with an appropriate
INDIVIDUALIZED release plan DEVELOPED IN CONJUNCTION WITH ANY
NECESSARY COMMUNITY PROVIDERS OR RESOURCES
for the reintegration of
the defendant into the community with appropriate services.
(13) [Formerly 16-8.5-116 (15)] When the defendant is charged
with an offense in municipal court and the defendant is found incompetent
to proceed, or when civil commitment proceedings are initiated pursuant to
article 65 of title 27, the municipal court shall dismiss the case.
(14) I
F A DEFENDANT IS IN CUSTODY AND THE DEPARTMENT DOES
NOT COMPLY WITH THE TIME LIMITS SET FORTH IN SECTION
16-8.5-111, THE
DEFENDANT IS SUBJECT TO THE TIME LIMITS SET FORTH IN SUBSECTIONS
(2),
(3),
AND (4) OF THIS SECTION AND, BASED UPON THE BEST AVAILABLE
EVIDENCE
, THE DEFENDANT WILL NOT BE ADMITTED TO AN INPATIENT
FACILITY TO BEGIN RESTORATION WITHIN THE TIME LIMITS DESCRIBED IN THE
APPLICABLE SUBSECTION
, THE COURT MAY RELEASE THE DEFENDANT OR
DISMISS THE CASE IN LIEU OF THE DEFENDANT REMAINING IN CUSTODY ON A
WAIT LIST FOR RESTORATION SERVICES
.
PAGE 29-HOUSE BILL 24-1034 (15) WHEN A DEFENDANT IS IN CUSTODY AND IS F OUND
INCOMPETENT TO PROCEED
, AT EVERY SUBSEQUENT REVIEW OF THE
DEFENDANT
'S CASE, THE COURT SHALL MAKE A FINDING ON THE RECORD
REGARDING THE EXPIRATION OF APPLICABLE TIME LIMITS SET FORTH IN THIS
SECTION
.
(16) I
F A DEFENDANT FILES A MOTION ALLEGING THE COURT IS
REQUIRED TO DISMISS THE CASE BECAUSE A TIME LIMIT IN THIS SECTION HAS
EXPIRED
, THE DEFENDANT IS ENTITLED TO A TIMELY HEARING AND RULING
ON THE MOTION
.
SECTION 14. In Colorado Revised Statutes, amend 16-8.5-117 as
follows:
16-8.5-117. Escape - return to institution. If a defendant
committed to the custody of the executive director for a competency
evaluation or for restoration to competency escapes from the institution or
hospital, it is the duty of
the chief officer of the institution or hospital to
SHALL apply to the district court for the county in which the institution or
hospital is located for a warrant of arrest directed to the sheriff of the
county, commanding him or her
THE SHERIFF to take all necessary legal
action to effect the arrest of the defendant and to return the defendant
promptly to the institution or hospital. The fact of an escape becomes a part
of the official record of the defendant and shall
MUST be certified to the
committing court as part of the record in any proceeding to determine
whether the defendant is eligible for release on bond or from custody.
SECTION 15. In Colorado Revised Statutes, amend 16-8.5-118 as
follows:
16-8.5-118. Temporary removal for treatment and
rehabilitation. The chief officer of an institution in which
WHERE a
defendant has been committed under this article PURSUANT TO THIS ARTICLE
8.5 may authorize treatment and rehabilitation activities involving temporary physical removal of the person
DEFENDANT from the institution
in which WHERE the defendant has been placed according to IN
ACCORDANCE WITH
the procedures and requirements of section 16-8-118.
SECTION 16. In Colorado Revised Statutes, 27-60-105, amend (2)
as follows:
PAGE 30-HOUSE BILL 24-1034 27-60-105. Outpatient restoration to competency services -
jail-based behavioral health services - responsible entity - duties -
report - legislative declaration. (2) The state department serves as a
central organizing structure and responsible entity for the provision of
competency restoration education services and coordination of competency
restoration services ordered by the court pursuant to section 16-8.5-111
(2)(b) or 19-2.5-704 (2) SECTION 16-8.5-111 (2) OR 19-2.5-704 (2), and the
behavioral health administration serves as the central organizing structure
and responsible entity for jail-based behavioral health services pursuant to
section 27-60-106.
SECTION 17. In Colorado Revised Statutes, 27-65-108.5, amend
(1)(b) as follows:
27-65-108.5. Court-ordered certification for short-term
treatment for incompetent defendants in a criminal matter - contents
of petition - procedure to contest petition - commitment to behavioral
health administration - definition. (1) Upon petition of the district
attorney, a professional person, a representative of the BHA, or a
representative of the office of civil and forensic mental health, a court may
certify a person for short-term treatment for not more than three months
under the following conditions:
(b) The court hearing the criminal matter referred the matter for
filing of a petition pursuant to section 16-8.5-111 or 16-8.5-116
16-8.5-116.5;
SECTION 18. In Colorado Revised Statutes, repeal of relocated
provisions in this act, 16-8.5-116 IP(6), (6)(a), (6)(c), (6)(d), (7), (8), (9),
(11), (12), (13), (14), and (15) and 16-8.5-116 (6)(b) and (10) as they will
become effective July 1, 2024.
SECTION 19. Effective date. Section 9 of this act takes effect July
1, 2024.
SECTION 20. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 31-HOUSE BILL 24-1034 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 32-HOUSE BILL 24-1034