SB 25-041
Fiscal Note
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
SB 25-041: COMPETENCY IN CRIM JUSTICE SYSTEM SERVICES & BAIL
Prime Sponsors:
Sen. Michaelson Jenet; Amabile
Rep. Bradfield; English
Published for: Senate Appropriations
Drafting number: LLS 25-0116
Fiscal Analyst:
Aaron Carpenter, 303-866-4918
aaron.carpenter@coleg.gov
Version: First Revised Note
Date: March 11, 2025
Fiscal note status: This revised fiscal note reflects the introduced bill, as amended by the Senate Judiciary
Committee. The bill was recommended by the Legislative Oversight Committee Concerning the Treatment
of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems.
Summary Information
Overview. This bill requires courts to notify the Department of Human Services when denying bail and
makes other changes to competency hearings, evaluations, statute of limitations, and services.
Types of impacts. The bill is projected to affect the following areas:
State Expenditures
Appropriations. For FY 2025-26, the bill requires an appropriation of at least $94,349 to the Department
of Local Affairs. See State Appropriations section.
Table 1
State Fiscal Impacts
Type of Impact1
Budget Year
FY 2025-26
Out Year
FY 2026-27
State Revenue $0 $0
State Expenditures $94,349 $16,039
Transferred Funds $0 $0
Change in TABOR Refunds $0 $0
Change in State FTE 0.0 FTE 0.0 FTE
1
Table 1 shows only the required expenditures under the bill. See Tables 2 and 2B for more detail on
permitted Department of Human Services expenditures under the bill. Page 2
March 11, 2025 SB 25-041
Summary of Legislation
The bill requires courts to notify the Department of Human Services (CDHS) when bail is denied;
makes updates to competency hearings and evaluations; provides clarification on when a court
may seek certification for short-term care; pauses the statute of limitations for those in
competency diversion programs; and allows the defendant to receive inpatient services from the
CDHS for additional time after charges are dropped.
Bond Setting
If the court denies a personal recognizance bond, the bill requires the court to notify the CDHS
of the reasons using a newly required form.
Updates to Competency Hearings and Evaluations
The bill makes several updates to competency hearings and evaluations. The bill increases the
deadline for either party to request a hearing or second evaluation from 7 to 14 days. When a
second evaluation is conducted, the defendant must provide a copy to the court and
prosecution and the court must furnish it to the CDHS. The CDHS must use it to ensure that it
complies with its responsibilities for reviewing and summarizing a prior competency opinion.
During a restoration hearing, a party may request a hearing or second evaluation 14 days after
receipt of a court ordered report. A restoration hearing must be continued until a second
evaluation is completed, which is subject to a 35-day deadline unless extended by the court for
good cause.
Certification for Short-Term Treatment
Under current law, a petition for certification of short-term treatment may be initiated by certain
parties or the court when a defendant is found incompetent to proceed. The bill clarifies that,
when the highest charged offense is a felony, the court only needs agreement of the
prosecuting attorney and defendant to stay the restoration order to allow for certification of
short-term treatment. If the charge is a misdemeanor and not already subject to dismissal, the
court may forgo an order for restoration and dismiss the charges on its own motion when
certification is initiated. The bill also clarifies that a court must not order certain persons to
initiate certification for short-term treatment if it such a proceeding would contradict their
professional medical opinion or violate their professional conduct rules. The bill also allows the
court to grant 35 day extensions of stays for dismissal of charges due if there are reasonable
grounds for short-term treatment. The court may grant this extension any number of times with
consent of the defendant and up to four times upon request of the prosecution if the court finds
good cause depending on the charges against the defendant. If charges are dismissed, the court
must notify the CDHS. Finally, the bill removes the requirement that the CDHS report for
certification of short-term treatment include any opinions required during an initial evaluation.
Bridges Program
The bill requires the court to vacate any existing order and prohibits orders for new evaluations
or restoration services if a defendant has been accepted to participate in the Bridges Program. Page 3
March 11, 2025 SB 25-041
Criminal Statute of Limitation
When an offender is in a competency-related diversion or defection program, the bill tolls, or
pauses, the statute of limitation while the offender is in the program. The time limitations are
tolled beginning when a defendant’s case is dismissed for the purpose of facilitating certification
for short-term treatment until either the defendant’s criminal case is re-filed or six months has
passed, whichever is earlier.
Competency Services
If criminal charges are dropped against a defendant receiving inpatient services from the CDHS,
the bill allows the defendant to receive inpatient services for an additional 90 days. The bill also
allows but does not require the CDHS to enter into agreements with organizations to provide
permanent supportive housing for persons whose charges are dismissed or who completed the
Bridges Program. The department must collect data on the individuals who receive housing and
share the information with the Department of Local Affairs (DOLA). Finally, the bill also requires
the Bridges Program to share information with the CDHS.
State Expenditures
The bill increases state expenditures in DOLA by at least $94,000 in FY 2025-26 and $16,000 in
FY 2026-27, paid from the General Fund. Additionally, CDHS may have expenditures of about
$106,000 in FY 2025-26 and $125,000 in FY 2026-27 and ongoing to administer housing
contracts, paid from the General Fund. The bill will also increase workload in the Bridges
Program and the Judicial Department.
Table 2
State Expenditures
All Departments
Department
Budget Year
FY 2025-26
Out Year
FY 2026-27
Department of Local Affairs $94,349 $16,039
Department of Human Services (permissive) $106,197 $124,409
Total Costs up to $200,546 up to $140,448
Department of Local Affairs
Expenditures in DOLA will increase by at least $94,000 in FY 2025-26 and $16,000 in FY 2026-27
to develop and maintain a cloud-based software to share data between the CDHS and DOLA.
This allows for the secure transfer of potentially sensitive data between agencies. Costs in
FY 2025-26 assume 11 weeks of development, testing, and support for the software. In addition,
the fiscal note assumes that because the bill only requires CDHS to share data with DOLA, that
DOLA will take a passive role in administering the bill. Page 4
March 11, 2025 SB 25-041
Table 2A
State Expenditures
Department of Local Affairs
Cost Component
Budget Year
FY 2025-26
Out Year
FY 2026-27
Computer Programming $94,349 $16,039
Total Costs $94,349 $16,039
Department of Human Services
Starting in FY 2025-26, if CDHS is to administer more contracts for housing services, the Office
of Civil and Forensic Mental Health requires 1.0 FTE to liaise with other state agencies, find and
work with new vendors, and to oversee the various contracts. This would increase expenditures
by $106,000 in FY 2025-26 and $124,000 in FY 2026-27, assuming that the CDHS will utilize
existing grant funding for contracted services. Because the bill is permissive, these costs are at
the discretion of the General Assembly.
Table 2B
State Expenditures
Department of Human Services
(permitted, but not required, by the bill)
Cost Component
Budget Year
FY 2025-26
Out Year
FY 2026-27
Personal Services $80,969 $101,211
Operating Expenses $1,024 $1,280
Capital Outlay Costs $6,670 $0
Centrally Appropriated Costs $17,534 $21,918
Total Costs $106,197 $124,409
Total FTE 0.8 FTE 1.0 FTE
Bridges of Colorado Program
Starting in FY 2025-26, workload to the Bridges Program in the Judicial Department will increase
to provide any required data to the CDHS. In addition, workload will increase to attend
additional hearings. This work can be accomplished within existing resources.
Judicial Department
Workload in the trial courts will increase to develop a new form, process additional evaluations
allowed by the bill, issue stay orders, and to vacate orders for defendants in the Bridges
Program. The additional form will not cause significantly more workload to courtroom staff, and
because these changes impact a narrow scope of cases, this work can be accomplished within
existing resources. Page 5
March 11, 2025 SB 25-041
Centrally Appropriated Costs
Pursuant to a Joint Budget Committee policy, certain costs associated with this bill are
addressed through the annual budget process and centrally appropriated in the Long Bill or
supplemental appropriations bills, rather than in this bill. These costs, which include employee
insurance and supplemental employee retirement payments, are shown in the expenditure
tables above.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming
no referendum petition is filed.
State Appropriations
For FY 2025-26, the bill requires a General Fund appropriation of $94,349 to the Department of
Local Affairs, which is fully reappropriated to the Office of Information Technology.
A FY 2025-26 appropriation of $88,663 to the Department of Human Services, and 0.8 FTE, is
required to enter into additional contracts and oversee organizations offering supportive
housing. As described in the State Expenditures section, this appropriation is permitted but not
required by the bill and is at the discretion of the General Assembly.
State and Local Government Contacts
Behavioral Health Administration
Bridges
District Attorneys
Human Services
Information Technology
Judicial
Local Affairs
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.