First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0116.01 Conrad Imel x2313
SENATE BILL 25-041
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING PERSONS WHO MAY BE INCOMPETENT TO STAND TRIAL ,101
AND, IN CONNECTION THEREWITH , PERMITTING CERTAIN102
SERVICES FOR PERSONS WHO ARE INCOMPETENT TO PROCEED ,103
COLLECTING RESIDENCY INFORMATION ABOUT PERSONS WHO104
ARE INCOMPETENT TO PROCEED , AND REQUIRING BOND SETTING105
FOR PERSONS WHO MAY BE INCOMPETENT TO PROCEED .106
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Legislative Oversight Committee Concerning the Treatment
SENATE SPONSORSHIP
Michaelson Jenet and Amabile, Cutter
HOUSE SPONSORSHIP
Bradfield and English,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. of Persons with Behavioral Health Disorders in the Criminal and
Juvenile Justice Systems. Under existing law, when criminal charges are
dismissed against a person receiving inpatient restoration services from
the department of human services (DHS), DHS must stop providing
services to the person. The bill permits DHS to continue to provide
services for up to 90 days after the person's case is dismissed because the
person is incompetent to proceed. DHS is permitted to enter into an
agreement with an organization to provide permanent supportive housing
for a person whose case is dismissed because the person is incompetent
to proceed or the person has successfully completed a bridges wraparound
care program, and for a person who has been referred to the bridges
wraparound care program.
The bill requires DHS to collect information for each person
whose charges are dismissed following a determination by the court that
the person is incompetent to proceed or following satisfactory completion
of a bridges wraparound care program, or who has been referred to the
bridges wraparound care program, concerning where the person lives or
intends to live following the dismissal or referral. DHS shall share that
information with the division of housing in the department of local
affairs.
The bill requires the judicial department to develop a form for a
court to use to notify DHS of the court's specific findings when the court
denies a personal recognizance bond and orders inpatient restoration
services for a defendant who is in custody for a misdemeanor, petty
offense, or traffic offense, and who the court determines is incompetent
to proceed but there is a substantial probability that the defendant, with
restoration services, will attain competency in the reasonably foreseeable
future.
The bill states that a defendant's competency status does not affect
the defendant's eligibility for release on bond and is not a basis for a
no-bond hold or mental health stay. A court shall not consider
competency status as a factor in setting or modifying a monetary
condition of bond. The bill requires a court to convert an order for
in-custody or inpatient evaluation or restoration to an order for
out-of-custody and outpatient evaluation or restoration if the defendant
is released on bond while awaiting an in-custody or inpatient evaluation
or restoration.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 27-60-105.5 as2
follows:3
27-60-105.5. Post-dismissal services for persons receiving4
SB25-041-2- inpatient restoration services - continuation of services after dismissal1
- supportive housing - post-dismissal living information collection -2
definition. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT3
OTHERWISE REQUIRES, "BRIDGES WRAPAROUND CARE PROGRAM " MEANS4
THE BRIDGES WRAPAROUND CARE PROGRAM CREATED IN SECTION5
16-8.6-103.6
(2) I
F THE CHARGES AGAINST A PERSON WHO IS RECEIVING7
INPATIENT RESTORATION SERVICES, AS DESCRIBED IN ARTICLE 8.5 OF TITLE8
16,
ARE DISMISSED PURSUANT TO SECTION 16-8.5-111 OR 16-8.5-116.59
FOLLOWING A DETERMINATION BY THE COURT THAT THE PERSON IS10
INCOMPETENT TO PROCEED, THE STATE DEPARTMENT MAY CONTINUE TO11
PROVIDE SERVICES TO THE PERSON FOR UP TO NINETY DAYS AFTER THE12
CHARGES ARE DISMISSED. A PERSON IS NOT REQUIRED TO BE IN CUSTODY13
TO RECEIVE SERVICES FROM THE STATE DEPARTMENT PURSUANT TO THIS14
SUBSECTION (2) AFTER CHARGES ARE DISMISSED, AND A COURT SHALL NOT15
ORDER A PERSON TO REMAIN IN CUSTODY AS A CONDITION OF CONTINUING16
TO RECEIVE SERVICES FROM THE STATE DEPARTMENT .17
(3) T
HE STATE DEPARTMENT MAY ENTER INTO AN AGREEMENT18
WITH AN ORGANIZATION TO PROVIDE PERMANENT SUPPORTIVE HOUSING19
FOR PERSONS WHOSE CHARGES ARE DISMISSED PURSUANT TO SECTION20
16-8.5-111
OR 16-8.5-116.5 FOLLOWING A DETERMINATION BY THE COURT21
THAT THE PERSON IS INCOMPETENT TO PROCEED OR PURSUANT TO SECTION22
16-8.6-110
FOLLOWING SATISFACTORY COMPLETION OF A BRIDGES23
WRAPAROUND CARE PROGRAM , OR FOR PERSONS WHO HAVE BEEN24
REFERRED TO THE BRIDGES WRAPAROUND CARE PROGRAM .25
(4) (a) T
HE STATE DEPARTMENT SHALL COLLECT INFORMATION26
CONCERNING WHERE A PERSON LIVES OR INTENDS TO LIVE AFTER :27
SB25-041
-3- (I) THE CHARGES AGAINST THE PERSON ARE DISMISSED PURSUANT1
TO SECTION 16-8.5-111 OR 16-8.5-116.5 FOLLOWING A DETERMINATION BY2
THE COURT THAT THE PERSON IS INCOMPETENT TO PROCEED ;3
(II) T
HE CHARGES AGAINST THE PERSON ARE DISMISSED PURSUANT4
TO SECTION 16-8.6-110 FOLLOWING SATISFACTORY COMPLETION OF THE5
BRIDGES WRAPAROUND CARE PROGRAM ; OR6
(III) T
HE PERSON HAS BEEN REFERRED TO THE BRIDGES7
WRAPAROUND CARE PROGRAM .8
(b) T
HE STATE DEPARTMENT SHALL SHARE THE INFORMATION9
COLLECTED PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION WITH THE10
DIVISION OF HOUSING IN THE DEPARTMENT OF LOCAL AFFAIRS ON A11
SCHEDULE AGREED UPON BY THE DEPARTMENTS , BUT AT LEAST12
QUARTERLY.13
(c) T
HE STATE DEPARTMENT SHALL WORK WITH THE OFFICE OF14
BRIDGES OF COLORADO ESTABLISHED PURSUANT TO SECTION 13-95-10315
TO COLLECT THE INFORMATION DESCRIBED IN SUBSECTION (4)(a) OF THIS16
SECTION, AND THE OFFICE OF BRIDGES OF COLORADO SHALL PROVIDE THE17
INFORMATION TO THE STATE DEPARTMENT .18
SECTION 2. In Colorado Revised Statutes, 13-95-105, add (4)19
as follows:20
13-95-105. Bridges of Colorado - programs - administration.21
(4) T
HE OFFICE SHALL PROVIDE INFORMATION TO THE STATE DEPARTMENT22
OF HUMAN SERVICES ABOUT WHERE PERSONS WHO HAVE BEEN REFERRED23
TO THE BRIDGES WRAPAROUND CARE PROGRAM LIVE OR INTEND TO LIVE ,24
AS DESCRIBED IN SECTION 27-60-105.5 (4).25
SECTION 3. In Colorado Revised Statutes, 16-8.5-105, amend26
(1)(a)(III) as follows:27
SB25-041
-4- 16-8.5-105. Evaluations, locations, time frames, and report.1
(1) (a) (III) The court shall determine the type of bond and the conditions2
of release after consideration of the presumptions and factors enumerated3
in article 4 of this title 16, which include consideration of the information4
received from any pretrial services program pursuant to section 16-4-1065
and any information provided by the bridges court liaison hired or6
contracted pursuant to article 95 of title 13. As a condition of any bond,7
the court shall require the defendant's cooperation with the competency8
evaluation on an outpatient and out-of-custody basis. A
COURT SHALL9
ENSURE THAT THE DEFENDANT 'S RIGHT TO HAVE BOND SET IS NOT10
INTERRUPTED WHILE THE DEFENDANT AWAITS COMP ETENCY EVALUATION .11
E
XCEPT AS PERMITTED IN SUBSECTION (1)(b) OF THIS SECTION, THE12
DEFENDANT'S STATUS RELATED TO COMPETENCY , INCLUDING AN ORDER13
FOR IN-CUSTODY OR INPATIENT EVALUATION , DOES NOT AFFECT THE14
DEFENDANT'S ELIGIBILITY FOR RELEASE ON BOND AND IS NOT A BASIS FOR15
A NO-BOND HOLD OR MENTAL HEALTH STAY . In setting the bond, the court16
shall not consider the need for the defendant to receive an evaluation17
pursuant to this article 8.5 as a factor in determining any
A monetary18
condition of bond;
EXCEPT THAT THE COURT MAY REMOVE OR REDUCE A19
MONETARY CONDITION OF BOND TO ALLOW THE DEFE NDANT TO ACCESS AN20
OUT-OF-CUSTODY COMPETENCY EVALUAT ION AND ANY OTHER NECESSARY21
MENTAL HEALTH SERVICES . IF THE DEFENDANT IS RELEASED ON BOND22
WHILE AWAITING AN IN-CUSTODY OR INPATIENT EVALUATION , THE COURT23
SHALL CONVERT THE ORDER FOR IN-CUSTODY OR INPATIENT EVALUATION24
TO AN ORDER FOR OUT-OF-CUSTODY AND OUTPATIENT EVALUATION .25
SECTION 4. In Colorado Revised Statutes, 16-8.5-111, amend26
(2)(b); and add (2.5) as follows:27
SB25-041
-5- 16-8.5-111. Procedure after determination of competency or1
incompetency - bond determinations. (2) Restoration services2
ordered. If the final determination made pursuant to section 16-8.5-1033
is that the defendant is incompetent to proceed and the court finds there4
is substantial probability that the defendant, with restoration services, will5
attain competency in the reasonably foreseeable future, the court has the6
following requirements and options:7
(b) If the court determines the defendant is incompetent to8
proceed and is in custody on a misdemeanor, petty offense, or traffic9
offense, the court shall MUST set a hearing on bond within seven days10
after the court's final determination that the defendant is incompetent to11
proceed. At the bond hearing, there is a presumption that the court shall12
order a personal recognizance bond and enter an order for restoration13
services pursuant to subsection (2)(a) of this section. In order to deny the14
defendant a personal recognizance bond and enter an order to commit the15
defendant for inpatient restoration services pursuant to subsection (2)(c)16
of this section, the court shall make findings of fact that extraordinary17
circumstances exist to overcome the presumption of release by clear and18
convincing evidence. If the court denies a personal recognizance bond,19
the court shall MUST notify the department of the specific findings the20
court made to deny the personal recognizance bond. T
HE JUDICIAL21
DEPARTMENT SHALL DEVELOP A FORM FOR A COURT TO USE TO NOTIFY THE22
DEPARTMENT OF THE COURT 'S FINDINGS THAT ARE REQUIRED BY THIS23
SUBSECTION (2)(b).24
(2.5) A
RTICLE II, SECTION 19 OF THE COLORADO CONSTITUTION,25
ARTICLE 4 OF THIS TITLE 16, AND THE COLORADO RULES OF CRIMINAL26
PROCEDURE DETERMINE ELIGIBILITY FOR BAIL AND THE FACTORS27
SB25-041
-6- CONSIDERED IN SETTING MONETARY CONDITIONS OF RELEASE . A COURT1
SHALL ENSURE THAT A DEFENDANT 'S RIGHT TO HAVE BOND SET IS NOT2
INTERRUPTED WHILE THE DEFENDANT AWAITS COMPETENCY EVALUATION ,3
COMPETENCY DETERMINATION , OR COMPETENCY RESTORATION . EXCEPT4
AS PERMITTED IN SECTION 16-8.5-105 (1)(b), A DEFENDANT'S STATUS5
RELATED TO COMPETENCY , INCLUDING AN ORDER FOR IN-CUSTODY OR6
INPATIENT EVALUATION, DOES NOT AFFECT THE DEFENDANT'S ELIGIBILITY7
FOR RELEASE ON BOND AND IS NOT A BASIS FOR A NO -BOND HOLD OR8
MENTAL HEALTH STAY . A COURT SHALL NOT CONSIDER COMPETENCY9
STATUS AS A FACTOR IN SETTING OR MODIFYING A MONETARY CONDITION10
OF BOND; EXCEPT THAT THE COURT MAY REMOVE OR REDUCE A11
MONETARY CONDITION OF BOND TO ALLOW A DEFENDANT TO ACCESS AN12
OUT-OF-CUSTODY COMPETENCY EVALUATION , RESTORATION SERVICES,13
AND ANY OTHER NECESSARY MENTAL HEALTH SERVICES . IF A DEFENDANT14
IS RELEASED ON BOND WHILE AWAITING AN IN -CUSTODY OR INPATIENT15
RESTORATION, THE COURT SHALL CONVERT THE ORDER FOR IN -CUSTODY16
OR INPATIENT RESTORATION TO AN ORDER FOR OUT -OF-CUSTODY AND17
OUTPATIENT RESTORATION.18
SECTION 5. Act subject to petition - effective date. This act19
takes effect at 12:01 a.m. on the day following the expiration of the20
ninety-day period after final adjournment of the general assembly; except21
that, if a referendum petition is filed pursuant to section 1 (3) of article V22
of the state constitution against this act or an item, section, or part of this23
act within such period, then the act, item, section, or part will not take24
effect unless approved by the people at the general election to be held in25
November 2026 and, in such case, will take effect on the date of the26
official declaration of the vote thereon by the governor.27
SB25-041
-7-