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Colorado Senate Bill SB041

Colorado 2025 Regular Session

Colorado Senate Bill SB041 Compare Versions

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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
4-REENGROSSED
5-This Version Includes All Amendments
6-Adopted in the House of Introduction
4+ENGROSSED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the House of Introduction
77 LLS NO. 25-0116.01 Conrad Imel x2313
88 SENATE BILL 25-041
99 Senate Committees House Committees
1010 Judiciary
1111 Appropriations
1212 A BILL FOR AN ACT
1313 C
1414 ONCERNING PERSONS WHO MAY BE INCOMPETENT TO STAND TRIAL ,101
1515 AND, IN CONNECTION THEREWITH , PERMITTING CERTAIN102
1616 SERVICES FOR PERSONS WHO ARE INCOMPETENT TO PROCEED ,103
1717 COLLECTING RESIDENCY INFORMATION ABOUT PERSONS WHO104
1818 ARE INCOMPETENT TO PROCEED , AND REQUIRING BOND SETTING105
1919 FOR PERSONS WHO MAY BE INCOMPETENT TO PROCEED .106
2020 Bill Summary
2121 (Note: This summary applies to this bill as introduced and does
2222 not reflect any amendments that may be subsequently adopted. If this bill
2323 passes third reading in the house of introduction, a bill summary that
2424 applies to the reengrossed version of this bill will be available at
2525 http://leg.colorado.gov/
2626 .)
2727 Legislative Oversight Committee Concerning the Treatment
2828 SENATE
29-3rd Reading Unamended
30-March 31, 2025
31-SENATE
3229 Amended 2nd Reading
3330 March 28, 2025
3431 SENATE SPONSORSHIP
35-Michaelson Jenet and Amabile, Cutter, Ball, Gonzales J., Hinrichsen, Kipp, Kolker,
36-Rodriguez, Wallace, Weissman
32+Michaelson Jenet and Amabile, Cutter
3733 HOUSE SPONSORSHIP
3834 Bradfield and English,
3935 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
4036 Capital letters or bold & italic numbers indicate new material to be added to existing law.
4137 Dashes through the words or numbers indicate deletions from existing law. of Persons with Behavioral Health Disorders in the Criminal and
4238 Juvenile Justice Systems. Under existing law, when criminal charges are
4339 dismissed against a person receiving inpatient restoration services from
4440 the department of human services (DHS), DHS must stop providing
4541 services to the person. The bill permits DHS to continue to provide
4642 services for up to 90 days after the person's case is dismissed because the
4743 person is incompetent to proceed. DHS is permitted to enter into an
4844 agreement with an organization to provide permanent supportive housing
4945 for a person whose case is dismissed because the person is incompetent
5046 to proceed or the person has successfully completed a bridges wraparound
5147 care program, and for a person who has been referred to the bridges
5248 wraparound care program.
5349 The bill requires DHS to collect information for each person
5450 whose charges are dismissed following a determination by the court that
5551 the person is incompetent to proceed or following satisfactory completion
5652 of a bridges wraparound care program, or who has been referred to the
5753 bridges wraparound care program, concerning where the person lives or
5854 intends to live following the dismissal or referral. DHS shall share that
5955 information with the division of housing in the department of local
6056 affairs.
6157 The bill requires the judicial department to develop a form for a
6258 court to use to notify DHS of the court's specific findings when the court
6359 denies a personal recognizance bond and orders inpatient restoration
6460 services for a defendant who is in custody for a misdemeanor, petty
6561 offense, or traffic offense, and who the court determines is incompetent
6662 to proceed but there is a substantial probability that the defendant, with
6763 restoration services, will attain competency in the reasonably foreseeable
6864 future.
6965 The bill states that a defendant's competency status does not affect
7066 the defendant's eligibility for release on bond and is not a basis for a
7167 no-bond hold or mental health stay. A court shall not consider
7268 competency status as a factor in setting or modifying a monetary
7369 condition of bond. The bill requires a court to convert an order for
7470 in-custody or inpatient evaluation or restoration to an order for
7571 out-of-custody and outpatient evaluation or restoration if the defendant
7672 is released on bond while awaiting an in-custody or inpatient evaluation
7773 or restoration.
7874 Be it enacted by the General Assembly of the State of Colorado:1
7975 SECTION 1. In Colorado Revised Statutes, add 27-60-105.5 as2
8076 follows:3
8177 27-60-105.5. Post-dismissal services for persons receiving4
8278 041-2- inpatient restoration services - continuation of services after dismissal1
8379 - supportive housing - post-dismissal living information collection -2
8480 definition. (1) A
8581 S USED IN THIS SECTION, UNLESS THE CONTEXT3
8682 OTHERWISE REQUIRES, "BRIDGES WRAPAROUND CARE PROGRAM " MEANS4
8783 THE BRIDGES WRAPAROUND CARE PROGRAM CREATED IN SECTION5
8884 16-8.6-103.6
8985 (2) I
9086 F THE CHARGES AGAINST A PERSON WHO IS RECEIVING7
9187 INPATIENT RESTORATION SERVICES, AS DESCRIBED IN ARTICLE 8.5 OF TITLE8
9288 16,
9389 ARE DISMISSED
9490 FOLLOWING A DETERMINATION BY THE COURT THAT9
9591 THE PERSON IS INCOMPETENT TO PROCEED , THE STATE DEPARTMENT MAY10
9692 CONTINUE TO PROVIDE SERVICES TO THE PERSON FOR UP TO NINETY DAYS11
9793 AFTER THE CHARGES ARE DISMISSED. A PERSON IS NOT REQUIRED TO BE IN12
9894 CUSTODY TO RECEIVE SERVICES FROM THE STATE DEPARTMENT PURSUANT13
9995 TO THIS SUBSECTION (2) AFTER CHARGES ARE DISMISSED, AND A COURT14
10096 SHALL NOT ORDER A PERSON TO REMAIN IN CUSTODY AS A CONDITION OF15
10197 CONTINUING TO RECEIVE SERVICES FROM THE STATE DEPARTMENT .16
10298 (3) T
10399 HE STATE DEPARTMENT MAY ENTER INTO AN AGREEMENT17
104100 WITH AN ORGANIZATION TO PROVIDE PERMANENT SUPPORTIVE HOUSING18
105101 FOR PERSONS WHOSE CHARGES ARE DISMISSED
106102 FOLLOWING A19
107103 DETERMINATION BY THE COURT THAT THE PERSON IS INCOMPETENT TO20
108104 PROCEED OR PURSUANT TO SECTION 16-8.6-110 FOLLOWING21
109105 SATISFACTORY COMPLETION OF A BRIDGES WRAPAROUND CARE PROGRAM ,22
110106 OR FOR PERSONS WHO HAVE BEEN REFERRED TO THE BRIDGES23
111107 WRAPAROUND CARE PROGRAM . THE STATE DEPARTMENT SHALL MAKE 24
112108 EFFORTS TO COLLABORATE WITH SERVICE PROVIDERS , INCLUDING THE25
113109 OFFICE OF BRIDGES OF COLORADO ESTABLISHED PURSUANT TO SECTION26
114110 13-95-103,
115111 TO ENSURE CONTINUITY OF CARE AND SERVICE DELIVERY IN A
116112 27
117113 041
118114 -3- MANNER THAT AVOIDS DUPLICATION AND BIFURCATION OF SERVICES .1
119115 (4) (a) T
120116 HE STATE DEPARTMENT SHALL COLLECT INFORMATION2
121117 CONCERNING WHERE A PERSON LIVES OR INTENDS TO LIVE AFTER :3
122118 (I) T
123119 HE CHARGES AGAINST THE PERSON ARE DISMISSED
124120 4
125121 FOLLOWING A DETERMINATION BY THE COURT THAT THE PERSON IS5
126122 INCOMPETENT TO PROCEED;6
127123 (II) T
128124 HE CHARGES AGAINST THE PERSON ARE DISMISSED PURSUANT7
129125 TO SECTION 16-8.6-110 FOLLOWING SATISFACTORY COMPLETION OF THE8
130126 BRIDGES WRAPAROUND CARE PROGRAM ; OR9
131127 (III) T
132128 HE PERSON HAS BEEN REFERRED TO THE BRIDGES10
133129 WRAPAROUND CARE PROGRAM .11
134130
135131 12
136132 (b) THE STATE DEPARTMENT SHALL WORK WITH THE OFFICE OF13
137133 BRIDGES OF COLORADO ESTABLISHED PURSUANT TO SECTION 13-95-10314
138134 TO COLLECT THE INFORMATION DESCRIBED IN SUBSECTION (4)(a) OF THIS15
139135 SECTION, AND THE OFFICE OF BRIDGES OF COLORADO SHALL PROVIDE THE16
140136 INFORMATION TO THE STATE DEPARTMENT .17
141137 SECTION 2. In Colorado Revised Statutes, 13-95-105, add (4)18
142138 as follows:19
143139 13-95-105. Bridges of Colorado - programs - administration.20
144140 (4) T
145141 HE OFFICE SHALL PROVIDE INFORMATION TO THE STATE DEPARTMENT21
146142 OF HUMAN SERVICES ABOUT WHERE PERSONS WHO HAVE BEEN REFERRED22
147143 TO THE BRIDGES WRAPAROUND CARE PROGRAM LIVE OR INTEND TO LIVE ,23
148144 AS DESCRIBED IN SECTION 27-60-105.5 (4).24
149145 SECTION 3. In Colorado Revised Statutes, 16-8.5-103, amend
150146 25
151147 (3) and (4) as follows:26
152148 16-8.5-103. Determination of competency to proceed.27
153149 041
154150 -4- (3) Within seven FOURTEEN days after receipt of the court-ordered report,1
155151 either party may request a hearing or a second evaluation.2
156152 (4) If a party requests a second evaluation, any pending requests3
157153 for a hearing must be continued until the receipt of the second evaluation4
158154 report. The report of the expert conducting the second evaluation must be5
159155 completed and filed with the court within thirty-five days after the court6
160156 order allowing the second evaluation, unless the time period is extended7
161157 by the court for good cause. If a second evaluation is completed and8
162158 restoration is ultimately ordered, then The court shall make PROVIDE the9
163159 second evaluation available to THE PARTIES AND the department. THE10
164160 DEPARTMENT SHALL USE THE SECOND EVALUATION TO ENSURE THAT THE11
165161 DEPARTMENT COMPLIES WITH ITS RESPONSIBILITIES , INCLUDING12
166162 REVIEWING AND SUMMARIZING PRIOR COMPETENCY OPINIONS AS13
167163 REQUIRED IN SECTION 16-8.5-105 (5)(f). If the second evaluation is14
168164 requested by the court, it must be paid for by the court.15
169165 SECTION 4. In Colorado Revised Statutes, 16-8.5-105, amend16
170166 (5)(f) as follows:17
171167 16-8.5-105. Evaluations, locations, time frames, and report.18
172168 (5) The competency evaluation and report must include, but need not be19
173169 limited to:20
174170 (f) An opinion as to whether there is a substantial probability that21
175171 the defendant, with restoration services, will attain competency within the22
176172 reasonably foreseeable future. and: AS PART OF FORMING THEIR OPINION,23
177173 THE COMPETENCY EVALUATOR SHALL USE DUE DILIGENCE IN THE REVIEW24
178174 AND SUMMARY OF ANY PRIOR COMPETENCY OPINIONS REGARDING THE25
179175 DEFENDANT. IF THE COMPETENCY EVALUATOR 'S OPINION REGARDING26
180176 RESTORABILITY DIFFERS FROM OPINIONS IN PAST EVALUATIONS OF THE27
181177 041
182178 -5- DEFENDANT, THE COMPETENCY EVALUATOR SHALL EXPLAIN THE BASIS1
183179 FOR THEIR DIFFERENT OPINION.2
184180 (I) If any court within the previous five years found the defendant3
185181 incompetent to proceed and that the defendant would not attain4
186182 competency within the reasonably foreseeable future, an opinion as to5
187183 why the defendant's current circumstances are different from the prior6
188184 court's findings; and7
189185 (II) If the defendant has been found incompetent to proceed after8
190186 being found competent to proceed three or more times within the previous9
191187 five years, an opinion as to whether, even if restored, the defendant will10
192188 maintain competency throughout the current case.11
193189 SECTION 5. In Colorado Revised Statutes, 16-8.5-106, amend12
194190 (2) as follows:13
195191 16-8.5-106. Evaluation at request of defendant. (2) T
196192 HE
197193 14
198194 DEFENDANT SHALL PROVIDE a copy of the second evaluation shall be15
199195 furnished to the COURT AND prosecution in a reasonable amount of time16
200196 in advance of the competency or restoration hearing. U
201197 PON RECEIPT OF
202198 17
203199 THE SECOND EVALUATION , THE COURT SHALL FURNISH THE SECOND18
204200 EVALUATION TO THE DEPARTMENT .19
205201 SECTION 6. In Colorado Revised Statutes, 16-8.5-111, amend20
206202 (2)(b), (3)(a)(III), (3)(b)(IV), (3)(b)(V) introductory portion, (4)(a), (4)(b),21
207203 and (7) as follows:22
208204 23
209205 16-8.5-111. Procedure after determination of competency or24
210206 incompetency - bond determinations. (2) Restoration services25
211207 ordered. If the final determination made pursuant to section 16-8.5-10326
212208 is that the defendant is incompetent to proceed and the court finds there27
213209 041
214210 -6- is substantial probability that the defendant, with restoration services, will1
215211 attain competency in the reasonably foreseeable future, the court has the2
216212 following requirements and options:3
217213 (b) If the court determines the defendant is incompetent to4
218214 proceed and is in custody on a misdemeanor, petty offense, or traffic5
219215 offense, the court shall MUST set a hearing on bond within seven days6
220216 after the court's final determination that the defendant is incompetent to7
221217 proceed. At the bond hearing, there is a presumption that the court shall8
222218 order a personal recognizance bond and enter an order for restoration9
223219 services pursuant to subsection (2)(a) of this section. In order to deny the10
224220 defendant a personal recognizance bond and enter an order to commit the11
225221 defendant for inpatient restoration services pursuant to subsection (2)(c)12
226222 of this section, the court shall make findings of fact that extraordinary13
227223 circumstances exist to overcome the presumption of release by clear and14
228224 convincing evidence. If the court denies a personal recognizance bond,15
229225 the court shall MUST notify the department of the specific findings the16
230226 court made to deny the personal recognizance bond. T
231227 HE JUDICIAL17
232228 DEPARTMENT SHALL DEVELOP A FORM FOR A COURT TO USE TO NOTIFY THE18
233229 DEPARTMENT OF THE COURT 'S FINDINGS THAT ARE REQUIRED BY THIS19
234230 SUBSECTION (2)(b).20
235231 (3) Certification for short-term treatment. (a) (III) The court
236232 21
237233 may order initiation of certification for short-term treatment
238234 PURSUANT TO
239235 22
240236 THIS SUBSECTION (3) only:23
241237 (A) U
242238 PON A SPECIFIC REQUEST FROM A PERSON AUTHORIZED TO
243239 24
244240 MAKE THE REQUEST PURSUANT TO SUBSECTION (3)(a)(I) OF THIS SECTION;25
245241 (A) (B) If the court finds reasonable grounds to believe that the26
246242 defendant meets the standard for a certification for short-term treatment27
247243 041
248244 -7- pursuant to section 27-65-108.5 or 27-65-109; and1
249245 (B) (C) If the defendant's highest charged offense is a petty2
250246 offense, traffic offense, or misdemeanor offense, or with the agreement3
251247 of the prosecuting attorney, regardless of the severity of the charge.4
252248 (b) If the court requires the requesting party to initiate certification5
253249 for short-term treatment pursuant to subsection (3)(a) of this section:6
254250 (IV) I
255251 F THE DEFENDANT'S HIGHEST CHARGED OFFENSE IS A
256252 7
257253 MISDEMEANOR THAT IS NOT SUBJECT TO DISMISSAL PURSUANT TO8
258254 SUBSECTION (1.6) OF THIS SECTION, the court may, upon the court's own9
259255 motion, forgo an order for restoration services and dismiss the charges10
260256 against the defendant without prejudice when the certification for11
261257 short-term treatment is initiated; if the highest charged offense is a petty12
262258 offense, traffic offense, or misdemeanor offense; or13
263259 (V) I
264260 F THE DEFENDANT'S HIGHEST CHARGED OFFENSE IS A FELONY,
265261 14
266262 the court may,
267263 ONLY with the agreement of the prosecuting attorney and
268264 15
269265 defendant, stay the restoration order to allow certification for short-term16
270266 treatment proceedings to occur and to allow the district attorney to17
271267 consider whether dismissal of the case is appropriate. In determining18
272268 whether dismissal is appropriate while the criminal matter is pending, the19
273269 defendant, the defendant's attorney in the criminal matter, and the20
274270 prosecuting attorney in the criminal matter have access to limited21
275271 information about any civil proceedings against the defendant pursuant22
276272 to sections 27-65-108.5, 27-65-109, 27-65-110, and 27-65-111. Any23
277273 information obtained must be kept confidential unless disclosure is24
278274 otherwise authorized by law. The court shall not extend the defendant's25
279275 criminal case past the time limits set forth in section 16-8.5-116.5. The26
280276 limited information that the defendant, defendant's attorney, and27
281277 041
282278 -8- prosecuting attorney may access includes:1
283279 (4) Restoration hearing. (a) (I) If the final determination made2
284280 pursuant to section 16-8.5-103 is that the defendant is incompetent to3
285281 proceed and the evaluator opines at any time that there is not a substantial4
286282 probability that the defendant, with restoration services, will attain5
287283 competency within the reasonably foreseeable future, the court shall set6
288284 a hearing within the time frame set forth in section 16-8.5-113 (5). If the7
289285 court receives the evaluator's opinion pursuant to this subsection (4) prior8
290286 to entering a restoration order
291287 AND A PARTY REQUESTS A HEARING , the
292288 9
293289 court shall set the hearing in lieu of ordering restoration treatment.10
294290 (II) W
295291 ITHIN FOURTEEN DAYS AFTER RECEIPT OF A COURT-ORDERED
296292 11
297293 REPORT REGARDING THE DEFENDANT 'S COMPETENCY, EITHER PARTY MAY12
298294 REQUEST A HEARING OR A SECOND EVALUATION . IF A PARTY REQUESTS A13
299295 SECOND EVALUATION, THE COURT SHALL CONTINUE THE HEARING UNTIL14
300296 THE COURT RECEIVES THE SECOND REPORT . THE EXPERT CONDUCTING THE15
301297 SECOND EVALUATION SHALL COMPL ETE AND FILE THE EXPERT 'S REPORT16
302298 WITH THE COURT WITHIN THIRTY -FIVE DAYS AFTER THE COURT ORDER17
303299 ALLOWING THE SECOND EVALUATION , UNLESS THE COURT EXTENDS THE18
304300 TIME PERIOD AFTER A FINDING OF GOOD CAUSE . THE COURT SHALL19
305301 PROVIDE THE SECOND EVALUATION TO THE PARTIES AND THE20
306302 DEPARTMENT.21
307303 (b) If the final determination made pursuant to section 16-8.5-10322
308304 is that the defendant is incompetent to proceed and the evaluator opines,23
309305 pursuant to section 16-8.5-105 (5)(e)(I)(B), or another qualified expert24
310306 opines that the defendant's diagnosis likely includes a moderate to severe25
311307 intellectual or developmental disability, acquired traumatic brain injury,26
312308 or dementia, which either alone or together with a co-occurring mental27
313309 041
314310 -9- illness affects the defendant's ability to gain or maintain competency, the1
315311 court shall set a hearing within the time frame set forth in section2
316312 16-8.5-113 (5) on the issue of whether there is a substantial probability3
317313 that the defendant will be restored to competency in the reasonably4
318314 foreseeable future. If the court receives the evaluator's opinion pursuant5
319315 to this subsection (4) prior to entering a restoration order
320316 AND A PARTY
321317 6
322318 REQUESTS A HEARING, the court shall set a hearing in lieu of ordering7
323319 restoration treatment.8
324320 (7) (a) Outpatient restoration services. If the defendant is out of9
325321 custody and the court has ordered restoration services pursuant to10
326322 subsection (2)(a) of this section:11
327323 (a) (I) Pursuant to section 27-60-105, the department is the entity12
328324 responsible for the coordination of all competency restoration services,13
329325 including the oversight of restoration education;14
330326 (b) (II) The restoration services provider under contract with the15
331327 department shall notify the court, the department, the bridges court16
332328 liaison, and any other designated agency within twenty-one days after the17
333329 court's order if restoration services have not started and include a18
334330 description of the efforts that have been made to engage the defendant in19
335331 services; and20
336332 (c) (III) If the department determines that the department is21
337333 unable, within a reasonable time, to provide restoration services on an22
338334 outpatient basis, the department shall notify the court within fourteen days23
339335 after the department's determination, at which point the court shall review24
340336 the case and determine what interim mental health services the25
341337 department or a community provider can provide to the defendant. If a26
342338 bridges court liaison is appointed, the department shall report to the27
343339 041
344340 -10- bridges court liaison every twenty-eight days concerning the availability1
345341 of restoration services on an outpatient basis to the defendant.2
346342 (b) I
347343 F, IN THE PROCESS OF COORDINATING OUTPATIENT
348344 3
349345 RESTORATION SERVICES FOR A DEFENDANT , THE DEPARTMENT4
350346 DETERMINES THAT THE DEFENDANT MEETS THE ST ANDARD FOR A5
351347 CERTIFICATION FOR SHORT-TERM TREATMENT PURSUANT TO SECTION6
352348 27-65-108.5
353349 AND THAT INITIATING A PETITION FOR AN OUTPATIENT
354350 7
355351 CERTIFICATION IS APPROPRIATE, THE DEPARTMENT MAY REQUEST , IN8
356352 WRITING, THAT THE COURT REFER THE MATTER FOR FILING OF A PETITION9
357353 FOR SHORT-TERM TREATMENT PURSUANT TO 27-65-108.5 IN A COURT WITH10
358354 JURISDICTION AND AUTHORIZE THE DEPARTMENT TO FILE THE PETITION .11
359355 A
360356 FTER RECEIVING A WRITTEN REQUEST , THE COURT SHALL HEAR AND
361357 12
362358 CONSIDER ANY OBJECTIONS FROM THE DEFEN DANT PRIOR TO RULING ON13
363359 THE REQUEST.14
364360 SECTION 7. In Colorado Revised Statutes, 16-8.5-113, amend15
365361 (2) and (3) as follows:16
366362 16-8.5-113. Restoration to competency. (2) Within fourteen17
367363 days after receipt of a report from the department or other court-approved18
368364 provider of restoration services COMPETENCY EVALUATOR certifying that19
369365 the defendant is competent to proceed, either party may request a hearing20
370366 or a second evaluation. The court shall determine whether to allow the21
371367 second evaluation or proceed to a hearing on competency. If the second22
372368 evaluation is requested by the court or by an indigent defendant, the23
373369 evaluation must be paid for by the court.24
374370 (3) If a second evaluation is allowed, any pending requests for a25
375371 hearing must be continued until receipt of the second evaluation report.26
376372 The report of the expert conducting the second evaluation report must be27
377373 041
378374 -11- completed and filed with the court within thirty-five days after the court1
379375 order allowing the second evaluation, unless the time period is extended2
380376 by the court after a finding of good cause. T
381377 HE COURT SHALL PROVIDE THE
382378 3
383379 SECOND EVALUATION TO THE PARTIES AND THE DEPARTMENT .4
384380 SECTION 8. In Colorado Revised Statutes, 16-8.5-116, amend5
385381 (2)(c)(V) and (2)(c)(VI); and repeal (2)(c)(VII) as follows:6
386382 16-8.5-116. Certification - reviews - rules. (2) (c) At least ten7
387383 days before each review, the department treating team shall provide to the8
388384 court an additional report that summarizes:9
389385 (V) The opinion of the treating team on the defendant's mental10
390386 health functioning and ability to function on an outpatient basis for11
391387 restoration services;
392388 AND
393389 12
394390 (VI) Whether the defendant, based on observations of the13
395391 defendant's behavior in the facility, presents a substantial risk to the14
396392 physical safety of the defendant's self, of another person, or of the15
397393 community if released for community restoration. and16
398394 (VII) Any opinions which would be required during an initial17
399395 evaluation pursuant to section 16-8.5-105 (5)(f).18
400396 SECTION 9. In Colorado Revised Statutes, 16-8.5-116.5, amend19
401397 (1)(b) and (7) as follows:20
402398 16-8.5-116.5. Restoration - time limits - dismissal of charges -21
403399 exceptions - rules. (1) To ensure compliance with relevant constitutional22
404400 principles, for any offense for which the defendant is ordered to receive23
405401 competency restoration services in an inpatient or outpatient setting, if the24
406402 court determines, based on available evidence, that there is not a25
407403 substantial probability that the defendant, with restoration services, will26
408404 be restored to competency within the reasonably foreseeable future, the27
409405 041
410406 -12- court:1
411407 (b) May,
412408 IF AFTER GIVING DUE WEIGHT TO THE OPINION OF A
413409 2
414410 PROFESSIONAL PERSON, AS DEFINED IN SECTION 27-65-102, EMPLOYED BY3
415411 OR UNDER CONTRACT WITH THE OFFICE OF CIVIL AND FORENSIC MENTAL4
416412 HEALTH, THE COURT FINDS REASONABLE GROUNDS TO BELIEVE THAT THE5
417413 DEFENDANT MEETS CRITERIA FOR A CERTIFICATION FOR SHORT TERM6
418414 TREATMENT PURSUANT TO SECTION 27-65-108.5 OR SECTION 27-65-109,7
419415 ORDER ONE OF THE FOLLOWING PERSONS TO INITIATE , IN A COURT WITH8
420416 JURISDICTION, A PROCEEDING FOR A CERTIFICATION FOR SHORT -TERM9
421417 TREATMENT OF THE DEFENDANT PURSUANT TO SECTION 27-65-108.5 OR10
422418 27-65-109: The district attorney, or upon request from the district11
423419 attorney; a professional person, as defined in section 27-65-102,
424420 WHO IS
425421 12
426422 NOT EMPLOYED BY OR UNDER CONTRACT WITH THE BEHAVIORAL HEALTH13
427423 ADMINISTRATION IN THE DEPARTMENT OR THE OFFICE OF CIVIL AND14
428424 FORENSIC MENTAL HEALTH ; a representative of DESIGNATED BY the15
429425 behavioral health administration in the department, or a representative of16
430426 DESIGNATED BY the office of civil and forensic mental health. to initiate,17
431427 in a court with jurisdiction, a proceeding for a certification for short-term18
432428 treatment of the defendant pursuant to section 27-65-108.5 or 27-65-109.19
433429 If the court finds reasonable grounds to believe the defendant meets20
434430 criteria for a certification for short-term treatment pursuant to section21
435431 27-65-108.5 or 27-65-109. NOTWITHSTANDING THE AUTHORITY GRANTED22
436432 PURSUANT TO THIS SUBSECTION (1)(b), A COURT SHALL NOT ORDER A23
437433 PERSON TO INITIATE A PROCEEDING PURSUANT TO THIS SUBSECTION (1)(b)24
438434 IF INITIATING A PROCEEDING WOULD CONTRADICT THE PERSON 'S25
439435 PROFESSIONAL MEDICAL OPINION OR OTHERWISE VIOLATE THE PERSON 'S26
440436 PROFESSIONAL CONDUCT RULES .27
441437 041
442438 -13- (7) (a) Prior to the dismissal of charges pursuant to this section or1
443439 section 16-8.5-111 (5), unless the court has already ordered a person to2
444440 initiate proceedings for a certification for short-term treatment, the court3
445441 shall make findings
446442 ABOUT whether there are reasonable grounds to
447443 4
448444 believe the person meets the standard for a certification for short-term5
449445 treatment. If the court finds there are reasonable grounds, the court may6
450446 stay the dismissal for thirty-five days,
451447 SET A REVIEW HEARING, and notify
452448 7
453449 any professional person, as defined in section 27-65-102; a representative8
454450 of DESIGNATED BY the behavioral health administration in the department;9
455451 or a representative of DESIGNATED BY the office of civil and forensic10
456452 mental health who has recently treated or interacted with the defendant11
457453 that there are reasonable grounds for short-term treatment and afford the12
458454 person an opportunity to pursue certification proceedings or to arrange13
459455 necessary services.14
460456 (b) T
461457 HE COURT SHALL GRANT THIRTY -FIVE DAY EXTENSIONS OF
462458 15
463459 THE STAY DESCRIBED IN SUBSECTION (7)(a) OF THIS SECTION:16
464460 (I) A
465461 NY NUMBER OF TIMES WITH THE CONSENT OF THE DEFENDANT ;
466462 17
467463 AND18
468464 (II) R
469465 EGARDLESS OF THE DEFENDANT 'S CONSENT, UPON REQUEST
470466 19
471467 OF THE PROSECUTION IF THE COURT FINDS GOOD CAUSE :20
472468 (A) U
473469 P TO FOUR TIMES, IN ADDITION TO THE INITIAL STAY
474470 21
475471 AUTHORIZED IN SUBSECTION (7)(a) OF THIS SECTION, BUT NOT TO EXCEED22
476472 ONE HUNDRED SEVENTY -FIVE DAYS IN TOTAL, IF THE DEFENDANT IS23
477473 CHARGED WITH A CRIME OF VIOLENCE, AS DEFINED IN SECTION 18-1.3-406,24
478474 OR FOR FELONY UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN SECTION25
479475 16-22-102;
480476 OR
481477 26
482478 (B) O
483479 NCE, IN ADDITION TO THE INITIAL STAY AUTHORIZED IN
484480 27
485481 041
486482 -14- SUBSECTION (7)(a) OF THIS SECTION, BUT NOT TO EXCEED SEVENTY DAYS1
487483 IN TOTAL, IF THE DEFENDANT IS NOT CHARGED WITH A CRIME OF VIOLENCE,2
488484 AS DEFINED IN SECTION 18-1.3-406, OR FOR FELONY UNLAWFUL SEXUAL3
489485 BEHAVIOR AS DEFINED IN SECTION 16-22-102.4
490486 (c) F
491487 OR THE PURPOSES OF SUBSECTION (7)(b) OF THIS SECTION,
492488 5
493489 GOOD CAUSE DOES NOT INCLUDE A PERSON 'S REFUSAL OR FAILURE TO6
494490 TIMELY FILE A PETITION PURSUANT TO SECTION 27-65-108.5.7
495491 (d) W
496492 HEN A DEFENDANT'S CHARGES ARE DISMISSED PURSUANT TO
497493 8
498494 THIS SECTION OR SECTION 16-8.5-111(5), THE COURT SHALL NOTIFY THE9
499495 DEPARTMENT IN WRITING THAT THE CHARGES WERE DISMISSED AND THE10
500496 REASON FOR THE DISMISSAL.11
501497 SECTION 10. In Colorado Revised Statutes, add 16-8.6-113 as12
502498 follows:13
503499 16-8.6-113. Effect of acceptance. A
504500 COURT SHALL VACATE ANY
505501 14
506502 EXISTING ORDER AND SHALL NOT ENTER A NEW ORDER DIRECTING THE15
507503 DEPARTMENT TO CONDUCT A COMPETENCY EVALUATION OR PROVIDE16
508504 RESTORATION SERVICES TO A DEFENDANT IF THE DEFENDANT WAS17
509505 ACCEPTED TO PARTICIPATE IN THE BRIDGES WRAPAROUND CARE PROGRAM .18
510506 SECTION 11. In Colorado Revised Statutes, 16-5-401, add (2.5)19
511507 as follows:20
512508 16-5-401. Limitation for commencing criminal proceedings,21
513509 civil infraction proceedings, and juvenile delinquency proceedings -22
514510 definitions. (2.5) (a) (I) T
515511 HE TIME LIMITATIONS IMPOSED BY THIS SECTION
516512 23
517513 ARE TOLLED WHILE THE OFFENDER IS IN A COMPETENCY -RELATED24
518514 DIVERSION OR DEFLECTION PROGRAM .25
519515 (II) A
520516 S USED IN THIS SUBSECTION (2.5)(a), "COMPETENCY-RELATED
521517 26
522518 DIVERSION OR DEFLECTION PROGRAM " MEANS A PROGRAM THAT OFFERS27
523519 041
524520 -15- A POTENTIALLY INCOMPETENT OFFENDER THE OPPORTUNITY TO AVOID THE1
525521 FILING OR RE-FILING OF CHARGES IN EXCHANGE FOR THE OFFENDER 'S2
526522 PARTICIPATION AND SUCCESSFUL COMPLETION OF A PROGRAM DESIGNED3
527523 FOR POTENTIALLY INCOMPETENT PERSONS .4
528524 (b) T
529525 HE TIME LIMITATIONS IMPOSED BY THIS SECTION ARE TOLLED
530526 5
531527 BEGINNING WHEN A DEFENDANT 'S CASE IS DISMISSED WITHOUT PREJUDICE6
532528 FOR THE PURPOSE OF FACILITATING CERTIFICATION FOR SHORT -TERM7
533529 TREATMENT PURSUANT TO SECTION 16-8.5-111 (3) UNTIL EITHER THE8
534530 DEFENDANTS CRIMINAL CASE IS RE -FILED OR SIX MONTHS HAS PASSED9
535531 SINCE THE CASE WAS DISMISSED, WHICHEVER IS EARLIER.10
536532 SECTION 12. In Colorado Revised Statutes, 27-65-110, amend11
537533 (1) introductory portion as follows:12
538534 27-65-110. Long-term care and treatment of persons with13
539535 mental health disorders - procedure. (1) Whenever a respondent has14
540536 received an extended certification for treatment pursuant section15
541537 27-65-109 (10),
542538 INCLUDING AS IT IS APPLIED TO COURT -ORDERED
543539 16
544540 CERTIFICATION PURSUANT TO SECTION 27-65-108.5 (9), the professional17
545541 person in charge of the certification for short-term treatment or the BHA18
546542 may file a petition with the court at least thirty days prior to the expiration19
547543 date of the extended certification for long-term care and treatment of the20
548544 respondent under the following conditions: 21
549545 SECTION 13. Act subject to petition - effective date. This act22
550546 takes effect at 12:01 a.m. on the day following the expiration of the23
551547 ninety-day period after final adjournment of the general assembly; except24
552548 that, if a referendum petition is filed pursuant to section 1 (3) of article V25
553549 of the state constitution against this act or an item, section, or part of this26
554550 act within such period, then the act, item, section, or part will not take27
555551 041
556552 -16- effect unless approved by the people at the general election to be held in1
557553 November 2026 and, in such case, will take effect on the date of the2
558554 official declaration of the vote thereon by the governor.3
559555 041
560556 -17-