First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 25-0116.01 Conrad Imel x2313
SENATE BILL 25-041
Senate Committees House Committees
Judiciary
Appropriations
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
3rd Reading Unamended
March 31, 2025
SENATE
Amended 2nd Reading
March 28, 2025
SENATE SPONSORSHIP
Michaelson Jenet and Amabile, Cutter, Ball, Gonzales J., Hinrichsen, Kipp, Kolker,
Rodriguez, Wallace, Weissman
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
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
FOLLOWING A DETERMINATION BY THE COURT THAT9
THE PERSON IS INCOMPETENT TO PROCEED , THE STATE DEPARTMENT MAY10
CONTINUE TO PROVIDE SERVICES TO THE PERSON FOR UP TO NINETY DAYS11
AFTER THE CHARGES ARE DISMISSED. A PERSON IS NOT REQUIRED TO BE IN12
CUSTODY TO RECEIVE SERVICES FROM THE STATE DEPARTMENT PURSUANT13
TO THIS SUBSECTION (2) AFTER CHARGES ARE DISMISSED, AND A COURT14
SHALL NOT ORDER A PERSON TO REMAIN IN CUSTODY AS A CONDITION OF15
CONTINUING TO RECEIVE SERVICES FROM THE STATE DEPARTMENT .16
(3) T
HE STATE DEPARTMENT MAY ENTER INTO AN AGREEMENT17
WITH AN ORGANIZATION TO PROVIDE PERMANENT SUPPORTIVE HOUSING18
FOR PERSONS WHOSE CHARGES ARE DISMISSED
FOLLOWING A19
DETERMINATION BY THE COURT THAT THE PERSON IS INCOMPETENT TO20
PROCEED OR PURSUANT TO SECTION 16-8.6-110 FOLLOWING21
SATISFACTORY COMPLETION OF A BRIDGES WRAPAROUND CARE PROGRAM ,22
OR FOR PERSONS WHO HAVE BEEN REFERRED TO THE BRIDGES23
WRAPAROUND CARE PROGRAM . THE STATE DEPARTMENT SHALL MAKE 24
EFFORTS TO COLLABORATE WITH SERVICE PROVIDERS , INCLUDING THE25
OFFICE OF BRIDGES OF COLORADO ESTABLISHED PURSUANT TO SECTION26
13-95-103,
TO ENSURE CONTINUITY OF CARE AND SERVICE DELIVERY IN A
27
041
-3- MANNER THAT AVOIDS DUPLICATION AND BIFURCATION OF SERVICES .1
(4) (a) T
HE STATE DEPARTMENT SHALL COLLECT INFORMATION2
CONCERNING WHERE A PERSON LIVES OR INTENDS TO LIVE AFTER :3
(I) T
HE CHARGES AGAINST THE PERSON ARE DISMISSED
4
FOLLOWING A DETERMINATION BY THE COURT THAT THE PERSON IS5
INCOMPETENT TO PROCEED;6
(II) T
HE CHARGES AGAINST THE PERSON ARE DISMISSED PURSUANT7
TO SECTION 16-8.6-110 FOLLOWING SATISFACTORY COMPLETION OF THE8
BRIDGES WRAPAROUND CARE PROGRAM ; OR9
(III) T
HE PERSON HAS BEEN REFERRED TO THE BRIDGES10
WRAPAROUND CARE PROGRAM .11
12
(b) THE STATE DEPARTMENT SHALL WORK WITH THE OFFICE OF13
BRIDGES OF COLORADO ESTABLISHED PURSUANT TO SECTION 13-95-10314
TO COLLECT THE INFORMATION DESCRIBED IN SUBSECTION (4)(a) OF THIS15
SECTION, AND THE OFFICE OF BRIDGES OF COLORADO SHALL PROVIDE THE16
INFORMATION TO THE STATE DEPARTMENT .17
SECTION 2. In Colorado Revised Statutes, 13-95-105, add (4)18
as follows:19
13-95-105. Bridges of Colorado - programs - administration.20
(4) T
HE OFFICE SHALL PROVIDE INFORMATION TO THE STATE DEPARTMENT21
OF HUMAN SERVICES ABOUT WHERE PERSONS WHO HAVE BEEN REFERRED22
TO THE BRIDGES WRAPAROUND CARE PROGRAM LIVE OR INTEND TO LIVE ,23
AS DESCRIBED IN SECTION 27-60-105.5 (4).24
SECTION 3. In Colorado Revised Statutes, 16-8.5-103, amend
25
(3) and (4) as follows:26
16-8.5-103. Determination of competency to proceed.27
041
-4- (3) Within seven FOURTEEN days after receipt of the court-ordered report,1
either party may request a hearing or a second evaluation.2
(4) If a party requests a second evaluation, any pending requests3
for a hearing must be continued until the receipt of the second evaluation4
report. The report of the expert conducting the second evaluation must be5
completed and filed with the court within thirty-five days after the court6
order allowing the second evaluation, unless the time period is extended7
by the court for good cause. If a second evaluation is completed and8
restoration is ultimately ordered, then The court shall make PROVIDE the9
second evaluation available to THE PARTIES AND the department. THE10
DEPARTMENT SHALL USE THE SECOND EVALUATION TO ENSURE THAT THE11
DEPARTMENT COMPLIES WITH ITS RESPONSIBILITIES , INCLUDING12
REVIEWING AND SUMMARIZING PRIOR COMPETENCY OPINIONS AS13
REQUIRED IN SECTION 16-8.5-105 (5)(f). If the second evaluation is14
requested by the court, it must be paid for by the court.15
SECTION 4. In Colorado Revised Statutes, 16-8.5-105, amend16
(5)(f) as follows:17
16-8.5-105. Evaluations, locations, time frames, and report.18
(5) The competency evaluation and report must include, but need not be19
limited to:20
(f) An opinion as to whether there is a substantial probability that21
the defendant, with restoration services, will attain competency within the22
reasonably foreseeable future. and: AS PART OF FORMING THEIR OPINION,23
THE COMPETENCY EVALUATOR SHALL USE DUE DILIGENCE IN THE REVIEW24
AND SUMMARY OF ANY PRIOR COMPETENCY OPINIONS REGARDING THE25
DEFENDANT. IF THE COMPETENCY EVALUATOR 'S OPINION REGARDING26
RESTORABILITY DIFFERS FROM OPINIONS IN PAST EVALUATIONS OF THE27
041
-5- DEFENDANT, THE COMPETENCY EVALUATOR SHALL EXPLAIN THE BASIS1
FOR THEIR DIFFERENT OPINION.2
(I) If any court within the previous five years found the defendant3
incompetent to proceed and that the defendant would not attain4
competency within the reasonably foreseeable future, an opinion as to5
why the defendant's current circumstances are different from the prior6
court's findings; and7
(II) If the defendant has been found incompetent to proceed after8
being found competent to proceed three or more times within the previous9
five years, an opinion as to whether, even if restored, the defendant will10
maintain competency throughout the current case.11
SECTION 5. In Colorado Revised Statutes, 16-8.5-106, amend12
(2) as follows:13
16-8.5-106. Evaluation at request of defendant. (2) T
HE
14
DEFENDANT SHALL PROVIDE a copy of the second evaluation shall be15
furnished to the COURT AND prosecution in a reasonable amount of time16
in advance of the competency or restoration hearing. U
PON RECEIPT OF
17
THE SECOND EVALUATION , THE COURT SHALL FURNISH THE SECOND18
EVALUATION TO THE DEPARTMENT .19
SECTION 6. In Colorado Revised Statutes, 16-8.5-111, amend20
(2)(b), (3)(a)(III), (3)(b)(IV), (3)(b)(V) introductory portion, (4)(a), (4)(b),21
and (7) as follows:22
23
16-8.5-111. Procedure after determination of competency or24
incompetency - bond determinations. (2) Restoration services25
ordered. If the final determination made pursuant to section 16-8.5-10326
is that the defendant is incompetent to proceed and the court finds there27
041
-6- is substantial probability that the defendant, with restoration services, will1
attain competency in the reasonably foreseeable future, the court has the2
following requirements and options:3
(b) If the court determines the defendant is incompetent to4
proceed and is in custody on a misdemeanor, petty offense, or traffic5
offense, the court shall MUST set a hearing on bond within seven days6
after the court's final determination that the defendant is incompetent to7
proceed. At the bond hearing, there is a presumption that the court shall8
order a personal recognizance bond and enter an order for restoration9
services pursuant to subsection (2)(a) of this section. In order to deny the10
defendant a personal recognizance bond and enter an order to commit the11
defendant for inpatient restoration services pursuant to subsection (2)(c)12
of this section, the court shall make findings of fact that extraordinary13
circumstances exist to overcome the presumption of release by clear and14
convincing evidence. If the court denies a personal recognizance bond,15
the court shall MUST notify the department of the specific findings the16
court made to deny the personal recognizance bond. T
HE JUDICIAL17
DEPARTMENT SHALL DEVELOP A FORM FOR A COURT TO USE TO NOTIFY THE18
DEPARTMENT OF THE COURT 'S FINDINGS THAT ARE REQUIRED BY THIS19
SUBSECTION (2)(b).20
(3) Certification for short-term treatment. (a) (III) The court
21
may order initiation of certification for short-term treatment
PURSUANT TO
22
THIS SUBSECTION (3) only:23
(A) U
PON A SPECIFIC REQUEST FROM A PERSON AUTHORIZED TO
24
MAKE THE REQUEST PURSUANT TO SUBSECTION (3)(a)(I) OF THIS SECTION;25
(A) (B) If the court finds reasonable grounds to believe that the26
defendant meets the standard for a certification for short-term treatment27
041
-7- pursuant to section 27-65-108.5 or 27-65-109; and1
(B) (C) If the defendant's highest charged offense is a petty2
offense, traffic offense, or misdemeanor offense, or with the agreement3
of the prosecuting attorney, regardless of the severity of the charge.4
(b) If the court requires the requesting party to initiate certification5
for short-term treatment pursuant to subsection (3)(a) of this section:6
(IV) I
F THE DEFENDANT'S HIGHEST CHARGED OFFENSE IS A
7
MISDEMEANOR THAT IS NOT SUBJECT TO DISMISSAL PURSUANT TO8
SUBSECTION (1.6) OF THIS SECTION, the court may, upon the court's own9
motion, forgo an order for restoration services and dismiss the charges10
against the defendant without prejudice when the certification for11
short-term treatment is initiated; if the highest charged offense is a petty12
offense, traffic offense, or misdemeanor offense; or13
(V) I
F THE DEFENDANT'S HIGHEST CHARGED OFFENSE IS A FELONY,
14
the court may,
ONLY with the agreement of the prosecuting attorney and
15
defendant, stay the restoration order to allow certification for short-term16
treatment proceedings to occur and to allow the district attorney to17
consider whether dismissal of the case is appropriate. In determining18
whether dismissal is appropriate while the criminal matter is pending, the19
defendant, the defendant's attorney in the criminal matter, and the20
prosecuting attorney in the criminal matter have access to limited21
information about any civil proceedings against the defendant pursuant22
to sections 27-65-108.5, 27-65-109, 27-65-110, and 27-65-111. Any23
information obtained must be kept confidential unless disclosure is24
otherwise authorized by law. The court shall not extend the defendant's25
criminal case past the time limits set forth in section 16-8.5-116.5. The26
limited information that the defendant, defendant's attorney, and27
041
-8- prosecuting attorney may access includes:1
(4) Restoration hearing. (a) (I) If the final determination made2
pursuant to section 16-8.5-103 is that the defendant is incompetent to3
proceed and the evaluator opines at any time that there is not a substantial4
probability that the defendant, with restoration services, will attain5
competency within the reasonably foreseeable future, the court shall set6
a hearing within the time frame set forth in section 16-8.5-113 (5). If the7
court receives the evaluator's opinion pursuant to this subsection (4) prior8
to entering a restoration order
AND A PARTY REQUESTS A HEARING , the
9
court shall set the hearing in lieu of ordering restoration treatment.10
(II) W
ITHIN FOURTEEN DAYS AFTER RECEIPT OF A COURT-ORDERED
11
REPORT REGARDING THE DEFENDANT 'S COMPETENCY, EITHER PARTY MAY12
REQUEST A HEARING OR A SECOND EVALUATION . IF A PARTY REQUESTS A13
SECOND EVALUATION, THE COURT SHALL CONTINUE THE HEARING UNTIL14
THE COURT RECEIVES THE SECOND REPORT . THE EXPERT CONDUCTING THE15
SECOND EVALUATION SHALL COMPL ETE AND FILE THE EXPERT 'S REPORT16
WITH THE COURT WITHIN THIRTY -FIVE DAYS AFTER THE COURT ORDER17
ALLOWING THE SECOND EVALUATION , UNLESS THE COURT EXTENDS THE18
TIME PERIOD AFTER A FINDING OF GOOD CAUSE . THE COURT SHALL19
PROVIDE THE SECOND EVALUATION TO THE PARTIES AND THE20
DEPARTMENT.21
(b) If the final determination made pursuant to section 16-8.5-10322
is that the defendant is incompetent to proceed and the evaluator opines,23
pursuant to section 16-8.5-105 (5)(e)(I)(B), or another qualified expert24
opines that the defendant's diagnosis likely includes a moderate to severe25
intellectual or developmental disability, acquired traumatic brain injury,26
or dementia, which either alone or together with a co-occurring mental27
041
-9- illness affects the defendant's ability to gain or maintain competency, the1
court shall set a hearing within the time frame set forth in section2
16-8.5-113 (5) on the issue of whether there is a substantial probability3
that the defendant will be restored to competency in the reasonably4
foreseeable future. If the court receives the evaluator's opinion pursuant5
to this subsection (4) prior to entering a restoration order
AND A PARTY
6
REQUESTS A HEARING, the court shall set a hearing in lieu of ordering7
restoration treatment.8
(7) (a) Outpatient restoration services. If the defendant is out of9
custody and the court has ordered restoration services pursuant to10
subsection (2)(a) of this section:11
(a) (I) Pursuant to section 27-60-105, the department is the entity12
responsible for the coordination of all competency restoration services,13
including the oversight of restoration education;14
(b) (II) The restoration services provider under contract with the15
department shall notify the court, the department, the bridges court16
liaison, and any other designated agency within twenty-one days after the17
court's order if restoration services have not started and include a18
description of the efforts that have been made to engage the defendant in19
services; and20
(c) (III) If the department determines that the department is21
unable, within a reasonable time, to provide restoration services on an22
outpatient basis, the department shall notify the court within fourteen days23
after the department's determination, at which point the court shall review24
the case and determine what interim mental health services the25
department or a community provider can provide to the defendant. If a26
bridges court liaison is appointed, the department shall report to the27
041
-10- bridges court liaison every twenty-eight days concerning the availability1
of restoration services on an outpatient basis to the defendant.2
(b) I
F, IN THE PROCESS OF COORDINATING OUTPATIENT
3
RESTORATION SERVICES FOR A DEFENDANT , THE DEPARTMENT4
DETERMINES THAT THE DEFENDANT MEETS THE ST ANDARD FOR A5
CERTIFICATION FOR SHORT-TERM TREATMENT PURSUANT TO SECTION6
27-65-108.5
AND THAT INITIATING A PETITION FOR AN OUTPATIENT
7
CERTIFICATION IS APPROPRIATE, THE DEPARTMENT MAY REQUEST , IN8
WRITING, THAT THE COURT REFER THE MATTER FOR FILING OF A PETITION9
FOR SHORT-TERM TREATMENT PURSUANT TO 27-65-108.5 IN A COURT WITH10
JURISDICTION AND AUTHORIZE THE DEPARTMENT TO FILE THE PETITION .11
A
FTER RECEIVING A WRITTEN REQUEST , THE COURT SHALL HEAR AND
12
CONSIDER ANY OBJECTIONS FROM THE DEFEN DANT PRIOR TO RULING ON13
THE REQUEST.14
SECTION 7. In Colorado Revised Statutes, 16-8.5-113, amend15
(2) and (3) as follows:16
16-8.5-113. Restoration to competency. (2) Within fourteen17
days after receipt of a report from the department or other court-approved18
provider of restoration services COMPETENCY EVALUATOR certifying that19
the defendant is competent to proceed, either party may request a hearing20
or a second evaluation. The court shall determine whether to allow the21
second evaluation or proceed to a hearing on competency. If the second22
evaluation is requested by the court or by an indigent defendant, the23
evaluation must be paid for by the court.24
(3) If a second evaluation is allowed, any pending requests for a25
hearing must be continued until receipt of the second evaluation report.26
The report of the expert conducting the second evaluation report must be27
041
-11- completed and filed with the court within thirty-five days after the court1
order allowing the second evaluation, unless the time period is extended2
by the court after a finding of good cause. T
HE COURT SHALL PROVIDE THE
3
SECOND EVALUATION TO THE PARTIES AND THE DEPARTMENT .4
SECTION 8. In Colorado Revised Statutes, 16-8.5-116, amend5
(2)(c)(V) and (2)(c)(VI); and repeal (2)(c)(VII) as follows:6
16-8.5-116. Certification - reviews - rules. (2) (c) At least ten7
days before each review, the department treating team shall provide to the8
court an additional report that summarizes:9
(V) The opinion of the treating team on the defendant's mental10
health functioning and ability to function on an outpatient basis for11
restoration services;
AND
12
(VI) Whether the defendant, based on observations of the13
defendant's behavior in the facility, presents a substantial risk to the14
physical safety of the defendant's self, of another person, or of the15
community if released for community restoration. and16
(VII) Any opinions which would be required during an initial17
evaluation pursuant to section 16-8.5-105 (5)(f).18
SECTION 9. In Colorado Revised Statutes, 16-8.5-116.5, amend19
(1)(b) and (7) as follows:20
16-8.5-116.5. Restoration - time limits - dismissal of charges -21
exceptions - rules. (1) To ensure compliance with relevant constitutional22
principles, for any offense for which the defendant is ordered to receive23
competency restoration services in an inpatient or outpatient setting, if the24
court determines, based on available evidence, that there is not a25
substantial probability that the defendant, with restoration services, will26
be restored to competency within the reasonably foreseeable future, the27
041
-12- court:1
(b) May,
IF AFTER GIVING DUE WEIGHT TO THE OPINION OF A
2
PROFESSIONAL PERSON, AS DEFINED IN SECTION 27-65-102, EMPLOYED BY3
OR UNDER CONTRACT WITH THE OFFICE OF CIVIL AND FORENSIC MENTAL4
HEALTH, THE COURT FINDS REASONABLE GROUNDS TO BELIEVE THAT THE5
DEFENDANT MEETS CRITERIA FOR A CERTIFICATION FOR SHORT TERM6
TREATMENT PURSUANT TO SECTION 27-65-108.5 OR SECTION 27-65-109,7
ORDER ONE OF THE FOLLOWING PERSONS TO INITIATE , IN A COURT WITH8
JURISDICTION, A PROCEEDING FOR A CERTIFICATION FOR SHORT -TERM9
TREATMENT OF THE DEFENDANT PURSUANT TO SECTION 27-65-108.5 OR10
27-65-109: The district attorney, or upon request from the district11
attorney; a professional person, as defined in section 27-65-102,
WHO IS
12
NOT EMPLOYED BY OR UNDER CONTRACT WITH THE BEHAVIORAL HEALTH13
ADMINISTRATION IN THE DEPARTMENT OR THE OFFICE OF CIVIL AND14
FORENSIC MENTAL HEALTH ; a representative of DESIGNATED BY the15
behavioral health administration in the department, or a representative of16
DESIGNATED BY the office of civil and forensic mental health. to initiate,17
in a court with jurisdiction, a proceeding for a certification for short-term18
treatment of the defendant pursuant to section 27-65-108.5 or 27-65-109.19
If the court finds reasonable grounds to believe the defendant meets20
criteria for a certification for short-term treatment pursuant to section21
27-65-108.5 or 27-65-109. NOTWITHSTANDING THE AUTHORITY GRANTED22
PURSUANT TO THIS SUBSECTION (1)(b), A COURT SHALL NOT ORDER A23
PERSON TO INITIATE A PROCEEDING PURSUANT TO THIS SUBSECTION (1)(b)24
IF INITIATING A PROCEEDING WOULD CONTRADICT THE PERSON 'S25
PROFESSIONAL MEDICAL OPINION OR OTHERWISE VIOLATE THE PERSON 'S26
PROFESSIONAL CONDUCT RULES .27
041
-13- (7) (a) Prior to the dismissal of charges pursuant to this section or1
section 16-8.5-111 (5), unless the court has already ordered a person to2
initiate proceedings for a certification for short-term treatment, the court3
shall make findings
ABOUT whether there are reasonable grounds to
4
believe the person meets the standard for a certification for short-term5
treatment. If the court finds there are reasonable grounds, the court may6
stay the dismissal for thirty-five days,
SET A REVIEW HEARING, and notify
7
any professional person, as defined in section 27-65-102; a representative8
of DESIGNATED BY the behavioral health administration in the department;9
or a representative of DESIGNATED BY the office of civil and forensic10
mental health who has recently treated or interacted with the defendant11
that there are reasonable grounds for short-term treatment and afford the12
person an opportunity to pursue certification proceedings or to arrange13
necessary services.14
(b) T
HE COURT SHALL GRANT THIRTY -FIVE DAY EXTENSIONS OF
15
THE STAY DESCRIBED IN SUBSECTION (7)(a) OF THIS SECTION:16
(I) A
NY NUMBER OF TIMES WITH THE CONSENT OF THE DEFENDANT ;
17
AND18
(II) R
EGARDLESS OF THE DEFENDANT 'S CONSENT, UPON REQUEST
19
OF THE PROSECUTION IF THE COURT FINDS GOOD CAUSE :20
(A) U
P TO FOUR TIMES, IN ADDITION TO THE INITIAL STAY
21
AUTHORIZED IN SUBSECTION (7)(a) OF THIS SECTION, BUT NOT TO EXCEED22
ONE HUNDRED SEVENTY -FIVE DAYS IN TOTAL, IF THE DEFENDANT IS23
CHARGED WITH A CRIME OF VIOLENCE, AS DEFINED IN SECTION 18-1.3-406,24
OR FOR FELONY UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN SECTION25
16-22-102;
OR
26
(B) O
NCE, IN ADDITION TO THE INITIAL STAY AUTHORIZED IN
27
041
-14- SUBSECTION (7)(a) OF THIS SECTION, BUT NOT TO EXCEED SEVENTY DAYS1
IN TOTAL, IF THE DEFENDANT IS NOT CHARGED WITH A CRIME OF VIOLENCE,2
AS DEFINED IN SECTION 18-1.3-406, OR FOR FELONY UNLAWFUL SEXUAL3
BEHAVIOR AS DEFINED IN SECTION 16-22-102.4
(c) F
OR THE PURPOSES OF SUBSECTION (7)(b) OF THIS SECTION,
5
GOOD CAUSE DOES NOT INCLUDE A PERSON 'S REFUSAL OR FAILURE TO6
TIMELY FILE A PETITION PURSUANT TO SECTION 27-65-108.5.7
(d) W
HEN A DEFENDANT'S CHARGES ARE DISMISSED PURSUANT TO
8
THIS SECTION OR SECTION 16-8.5-111(5), THE COURT SHALL NOTIFY THE9
DEPARTMENT IN WRITING THAT THE CHARGES WERE DISMISSED AND THE10
REASON FOR THE DISMISSAL.11
SECTION 10. In Colorado Revised Statutes, add 16-8.6-113 as12
follows:13
16-8.6-113. Effect of acceptance. A
COURT SHALL VACATE ANY
14
EXISTING ORDER AND SHALL NOT ENTER A NEW ORDER DIRECTING THE15
DEPARTMENT TO CONDUCT A COMPETENCY EVALUATION OR PROVIDE16
RESTORATION SERVICES TO A DEFENDANT IF THE DEFENDANT WAS17
ACCEPTED TO PARTICIPATE IN THE BRIDGES WRAPAROUND CARE PROGRAM .18
SECTION 11. In Colorado Revised Statutes, 16-5-401, add (2.5)19
as follows:20
16-5-401. Limitation for commencing criminal proceedings,21
civil infraction proceedings, and juvenile delinquency proceedings -22
definitions. (2.5) (a) (I) T
HE TIME LIMITATIONS IMPOSED BY THIS SECTION
23
ARE TOLLED WHILE THE OFFENDER IS IN A COMPETENCY -RELATED24
DIVERSION OR DEFLECTION PROGRAM .25
(II) A
S USED IN THIS SUBSECTION (2.5)(a), "COMPETENCY-RELATED
26
DIVERSION OR DEFLECTION PROGRAM " MEANS A PROGRAM THAT OFFERS27
041
-15- A POTENTIALLY INCOMPETENT OFFENDER THE OPPORTUNITY TO AVOID THE1
FILING OR RE-FILING OF CHARGES IN EXCHANGE FOR THE OFFENDER 'S2
PARTICIPATION AND SUCCESSFUL COMPLETION OF A PROGRAM DESIGNED3
FOR POTENTIALLY INCOMPETENT PERSONS .4
(b) T
HE TIME LIMITATIONS IMPOSED BY THIS SECTION ARE TOLLED
5
BEGINNING WHEN A DEFENDANT 'S CASE IS DISMISSED WITHOUT PREJUDICE6
FOR THE PURPOSE OF FACILITATING CERTIFICATION FOR SHORT -TERM7
TREATMENT PURSUANT TO SECTION 16-8.5-111 (3) UNTIL EITHER THE8
DEFENDANTS CRIMINAL CASE IS RE -FILED OR SIX MONTHS HAS PASSED9
SINCE THE CASE WAS DISMISSED, WHICHEVER IS EARLIER.10
SECTION 12. In Colorado Revised Statutes, 27-65-110, amend11
(1) introductory portion as follows:12
27-65-110. Long-term care and treatment of persons with13
mental health disorders - procedure. (1) Whenever a respondent has14
received an extended certification for treatment pursuant section15
27-65-109 (10),
INCLUDING AS IT IS APPLIED TO COURT -ORDERED
16
CERTIFICATION PURSUANT TO SECTION 27-65-108.5 (9), the professional17
person in charge of the certification for short-term treatment or the BHA18
may file a petition with the court at least thirty days prior to the expiration19
date of the extended certification for long-term care and treatment of the20
respondent under the following conditions: 21
SECTION 13. Act subject to petition - effective date. This act22
takes effect at 12:01 a.m. on the day following the expiration of the23
ninety-day period after final adjournment of the general assembly; except24
that, if a referendum petition is filed pursuant to section 1 (3) of article V25
of the state constitution against this act or an item, section, or part of this26
act within such period, then the act, item, section, or part will not take27
041
-16- effect unless approved by the people at the general election to be held in1
November 2026 and, in such case, will take effect on the date of the2
official declaration of the vote thereon by the governor.3
041
-17-