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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0902.01 Anna Petrini x5497 HOUSE BILL 26-1343
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
CONCERNING EXPANDING THE USE OF ELECTRONIC PROCESSES IN101
PROCEEDINGS INVOLVING ADMINISTRATIVE DETERMINATIONS,102
AND, IN CONNECTION THEREWITH , EXPANDING THE USE OF103
ELECTRONIC FILING RELA TED TO THE COMPETENCY OF104
CRIMINAL DEFENDANTS AND IN "STATE ADMINISTRATIVE105
PROCEDURE ACT" PROCEEDINGS.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.)
Current law requires a court to allow the department of human
HOUSE SPONSORSHIP
Mauro and Clifford,
SENATE SPONSORSHIP
(None),
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.
services (department) to submit a competency evaluation for a criminal
defendant (evaluation) to the court through electronic means. The bill
expands the use of electronic processes in competency proceedings by
clarifying that the court must permit the department's evaluation
submission via e-filing and by directing the department to:
! Accept, by electronic means, a court order to conduct an
evaluation; and
! Electronically deliver an evaluation to interested parties
through the e-filing system.
Current law generally requires an administrative agency that is
conducting an adjudicatory hearing (agency) to serve any person entitled
to notice of that hearing either personally or by first-class mail. The bill
permits an agency to serve notice of the hearing by electronic means,
upon a documented request or with the documented consent of the person
to be notified. The bill similarly authorizes electronic service with respect
to an agency's final decision or the initial decision by an administrative
law judge or hearing officer.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 16-8.5-105, amend2
(1)(a)(I), (1)(d), (4), and (7) as follows:3
16-8.5-105. Evaluations, locations, time frames, and report.4
(1) (a) (I) The court shall order that the competency evaluation be5
conducted on an outpatient basis or, if the defendant is unable to post the6
monetary condition of bond or is ineligible to be released on bond, at the7
place where the defendant is in-custody, except as provided in subsection8
(1)(b) of this section. If the department conducts the evaluation on an9
in-custody basis, the department shall begin the evaluation as soon as10
practicable after the department's receipt of a court order directing the11
evaluation. If the evaluation is conducted on an in-custody basis, the12
department shall complete the evaluation no later than twenty-one days13
after receipt of the order and the collateral materials. If the evaluation is14
conducted on an out-of-custody basis, the department shall complete the15
evaluation within forty-two days after receipt of the order and collateral16
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materials, unless the court extends the time upon a showing of good1
cause. I F THE PARTIES OF THE CASE ARE COMMUNICATING WITH THE2
COURT BY ELECTRONIC MEANS, AND THE ORDER IS ISSUED BY ELECTRONIC3
MEANS, THE DEPARTMENT SHALL ACCEPT THE ORDER BY THE SAME4
ELECTRONIC MEANS.5
(d) If a defendant is in the department's custody for purposes of6
the competency evaluation ordered pursuant to this article 8.5 and the7
defendant has completed the competency evaluation and the evaluator has8
concluded that the defendant is competent to proceed, the department may9
return the defendant to a county jail or to the community, as determined10
by the defendant's bond status. If the evaluator has concluded that the11
defendant is incompetent to proceed and that inpatient restoration services12
are not clinically appropriate, and outpatient restoration services are13
available to the defendant in the community, the department shall notify14
the court and the bridges court liaison BY ELECTRONIC MEANS , and the15
department shall develop a discharge plan and a plan for16
community-based restoration services in coordination with the community17
restoration services provider. The court shall hold a hearing within seven18
days after receiving the notice, at which the department shall provide to19
the court the plan for community-based restoration services, and the court20
may enter any appropriate orders regarding the custody of the defendant21
and the defendant's bond status. The department shall advise the22
defendant of the date and time of the court hearing. If the department is23
returning the defendant to a county jail, the county sheriff in the24
jurisdiction where the defendant must return shall take custody of the25
defendant within seventy-two hours after receiving notification from the26
department that the defendant's evaluation is completed. At the time the27
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department notifies the sheriff, the department shall also notify the court1
and the bridges court liaison that the department is returning the2
defendant to the custody of the jail.3
(4) A written report of the evaluation must be prepared, and the4
department shall electronically deliver the report to the court clerk who5
ordered it. The clerk shall provide a copy of the report to the prosecuting6
attorney, the bridges court liaison and the defense counsel using an7
e-filing system AS ORDERED USING AN E -FILING SYSTEM RECORD IN THE8
MATTER. Without reducing any other timelines set forth in this article 8.5,9
the competency evaluator shall provide the written report to the court10
within fourteen days after finishing meeting or attempting to meet with11
the defendant to evaluate the defendant's competency.12
(7) Each court shall allow for any competency evaluation13
conducted pursuant to the provisions of this section or section 16-8.5-10614
to be submitted to the court through electronic means, INCLUDING15
THROUGH AN E -FILING SYSTEM IF THE ORDER FOR THE EVALUATION IS16
ISSUED TO THE DEPARTMENT THROUGH AN E-FILING SYSTEM.17
SECTION 2. In Colorado Revised Statutes, 24-4-105, amend18
(2)(a), (2)(b), and (16)(a) as follows:19
24-4-105. Hearings and determinations.20
(2) (a) In any such proceeding in which an opportunity for agency21
adjudicatory hearing is required under the state constitution or by this or22
any other statute, the parties are entitled to a hearing and decision in23
conformity with this section. Any person entitled to notice of a hearing24
shall be given timely notice of the time, place, and nature thereof, the25
legal authority and jurisdiction under which it is to be held, and the26
matters of fact and law asserted. Unless otherwise provided by law, such27
HB26-1343-4-
THE notice shall be served personally; BY ELECTRONIC MEANS, UPON THE1
DOCUMENTED REQUEST OR CONSENT OF THE PERSON TO BE NOTIFIED ; or2
by mailing by first-class mail to the last address furnished TO the agency3
by the person to be notified at least thirty days prior to the hearing. In4
fixing the time and place for a hearing, due regard shall be had for the5
convenience and necessity of the parties and their representatives.6
(b) Any person given such notice PURSUANT TO SUBSECTION (2)(a)7
OF THIS SECTION shall file a written answer thirty days after the service,8
ELECTRONIC DELIVERY, or mailing of such THE notice. If such THE person9
fails to answer, any agency, administrative law judge, or hearing officer,10
upon motion, may enter a default. For good cause shown, the entry of11
default may be set aside within ten days after the date of such entry.12
(16) (a) Each decision and initial decision shall be served on each13
party by personal service; BY ELECTRONIC MEANS , UPON THE14
DOCUMENTED REQUEST OR CONSENT OF THE PARTY TO BE SERVED; or by15
mailing by first-class mail to the last address furnished TO the agency by16
such THE party and, except as provided in paragraph (b) of this subsection17
(16) SUBSECTION (16)(b) OF THIS SECTION, shall be effective as to such18
THE party on the date mailed, PROVIDED ELECTRONICALLY, or such THE19
later date as is stated in the decision.20
SECTION 3. Act subject to petition - effective date. This act21
takes effect at 12:01 a.m. on the day following the expiration of the22
ninety-day period after final adjournment of the general assembly (August23
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a24
referendum petition is filed pursuant to section 1 (3) of article V of the25
state constitution against this act or an item, section, or part of this act26
within such period, then the act, item, section, or part will not take effect27
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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
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