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SB26-014 • 2026

Modification to Defense of Not Guilty by Reason of Insanity

Current law requires the defense to furnish a copy of any report of examination of the defendant that is made at the instance of the defense to the prosecution in a reasonable amount of time in advanc

Crime
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Sen. J. Amabile, Rep. G. Rydin, Rep. M. Soper, Sen. J. Coleman, Sen. L. Cutter, Sen. J. Gonzales, Sen. C. Kipp, Sen. M. Snyder, Sen. K. Wallace, Rep. J. Bacon, Rep. C. Clifford, Rep. E. Hamrick, Rep. J. Jackson, Rep. J. McCluskie
Last action
2026-04-20
Official status
Governor Signed
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Modification to Defense of Not Guilty by Reason of Insanity

Current law requires the defense to furnish a copy of any report of examination of the defendant that is made at the instance of the defense to the prosecution in a reasonable amount of time in advance of trial.

What This Bill Does

  • Current law requires the defense to furnish a copy of any report of examination of the defendant that is made at the instance of the defense to the prosecution in a reasonable amount of time in advance of trial.
  • The act requires a copy of the report to also be furnished to the court who, upon receipt of the copy, shall provide a copy to the department of human services.
  • The act authorizes community placement of a defendant for treatment and rehabilitation.
  • For a defendant who was charged with a crime allegedly committed on or after July 1, 2026, the act clarifies the legal standard for a defendant's conditional or unconditional release from the department.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.001

SEN Judiciary

Passed [*]

Plain English: SB014_L.001 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.

  • SB014_L.001 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.
  • SB26-014 be amended as follows: 1 Amend printed bill, page 3, line 9, strike "CONDITIONAL" and substitute 2 "UNCONDITIONAL".
  • 3 Page 7, line 17, after "OF" insert "AND COMPLIANCE WITH".
  • 4 Page 7, line 18, after "OF" insert "AND COMPLIANCE WITH".
L.002

Second Reading

Lost [**]

Plain English: SB014_L.002 Amendment No.

  • SB014_L.002 Amendment No.
  • ___________ SB26-014 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Carson 1 Amend printed bill, page 3, line 18, after "COMMUNITY." add "A 2 DEFENDANT WHO IS FOUND NOT GUILTY BY REASON OF INSANITY FOR A 3 CRIME THAT IS A CLASS 1, CLASS 2, OR CLASS 3 FELONY, IS INELIGIBLE FOR 4 UNCONDITIONAL RELEASE.".
  • ** *** ** *** ** LLS: Owen Hatch x2698
L.003

Second Reading

Lost [**]

Plain English: SB014_L.003 Amendment No.

  • SB014_L.003 Amendment No.
  • ___________ SB26-014 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Carson 1 Amend printed bill, page 4, line 12, strike "(2)(d)(I)" and substitute 2 "(2)(d)(I); and add (1)(d)".
  • 3 Page 5, after line 5, add: 4 "(d) A DEFENDANT WITH A DOCUMENTED HISTORY OF VIOLENCE IN 5 THE TWO YEARS PRIOR TO COMMITTING THE CURRENT OFFENSE FOR WHICH 6 THE DEFENDANT WAS FOUND NOT GUILTY BY REASON OF INSANITY IS 7 INELIGIBLE FOR COMMUNITY PLACEMENT OR TEMPORARY PHYSICAL 8 REMOVAL PURSUANT TO THIS SECTION.".
  • ** *** ** *** ** LLS: Owen Hatch x2698
L.004

Second Reading

Lost [**]

Plain English: SB014_L.004 Amendment No.

  • SB014_L.004 Amendment No.
  • ___________ SB26-014 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Carson 1 Amend printed bill, page 2, line 11, after "(1)(b.5)" insert "and (1.5)(c)".
  • 2 Page 3, after line 18, add: 3 "(1.5) (c) THE PROSECUTION SHALL PROVIDE THE VICTIM TIMELY 4 NOTICE OF ALL SUBSTANTIVE DEFENSE FILINGS CONCERNING 5 COMMITMENT, CONDITIONAL RELEASE, OR MODIFICATION OF PLACEMENT, 6 DEFINED PURSUANT TO SECTION 24-4.1-302 (2)(j.3), AFTER A DEFENDANT 7 HAS BEEN FOUND NOT GUILTY BY REASON OF INSANITY.
  • THIS SUBSECTION 8 (1.5)(C) APPLIES TO OFFENSES COMMITTED ON OR AFTER JULY 1, 2026.".
L.005

Second Reading

Lost [**]

Plain English: SB014_L.005 SB26-014 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Carson 1 Amend printed bill, page 4, line 12, strike "(2)(d)(I)" and substitute 2 "(2)(d)(I); and add (2)(e)".

  • SB014_L.005 SB26-014 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Carson 1 Amend printed bill, page 4, line 12, strike "(2)(d)(I)" and substitute 2 "(2)(d)(I); and add (2)(e)".
  • 3 Page 7, after line 3, add: 4 "(e) (I) THE TRIAL COURT WITH CONTINUING JURISDICTION OVER 5 THE DEFENDANT WHILE THE DEFENDANT IS RECEIVING TREATMENT AND 6 ENGAGING IN REHABILITATION ACTIVITIES INVOLVING COMMUNITY 7 PLACEMENT OR TEMPORARY PHYSICAL REMOVAL FROM THE INSTITUTION 8 SHALL HOLD A HEARING AT LEAST ONCE EVERY TWELVE MONTHS WHILE 9 THE DEFENDANT IS IN COMMUNITY PLACEMENT OR TEMPORARILY 10 PHYSICALLY REMOVED FROM THE INSTITUTION.
  • THE COURT SHALL 11 CONSIDER THE REPORT PREPARED BY THE DEPARTMENT OF HUMAN 12 SERVICES PURSUANT TO SUBSECTION (2)(e)(II) OF THIS SECTION AND ANY 13 OTHER RELEVANT TESTIMONY OR INFORMATION.
  • 14 (II) THE COURT SHALL ORDER THE DEPARTMENT OF HUMAN 15 SERVICES TO PREPARE A WRITTEN REPORT CONTAINING INFORMATION 16 PROVIDED BY THE MENTAL HEALTH PROFESSIONALS THAT ARE TREATING 17 THE DEFENDANT, DETAILING THE DEFENDANT'S COMPLIANCE WITH THEIR 18 TREATMENT PROGRAM, THE DEFENDANT'S CURRENT RISK FACTORS, AND 19 A MENTAL HEALTH EVALUATION OF THE DEFENDANT.".
L.006

Second Reading

Passed [**]

Plain English: SB014_L.006 Amendment No.

  • SB014_L.006 Amendment No.
  • ___________ SB26-014 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Rydin 1 Amend reengrossed bill, page 3, line 15, strike "CONTINUE" and substitute 2 "ORDER".
  • 3 Page 3, line 16, strike "THE" and substitute "CONTINUED".
  • 4 Page 3, line 18, strike "COMMUNITY." and substitute "COMMUNITY AND 5 SHALL NOTIFY THE DISTRICT ATTORNEY OF THE ORDER.".
L.010

Second Reading

Lost [**]

Plain English: SB014_L.010 Amendment No.

  • SB014_L.010 Amendment No.
  • ___________ SB26-014 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE DeGraaf 1 Amend reengrossed bill, page 7, after line 25 insert: 2 "(c) NOTWITHSTANDING SUBSECTION (5)(a) OF THIS SECTION, THE 3 STANDARD FOR UNCONDITIONAL RELEASE FOR A PERSON CHARGED WITH 4 A CRIME OF VIOLENCE PURSUANT TO SECTION 18-1.3-406; A SEX OFFENSE 5 PURSUANT TO SECTION 16-11.7-102; OR A CLASS 1, CLASS 2, OR CLASS 3 6 FELONY IS: CONSIDERING THE DEFENDANT'S CLINICAL HISTORY, 7 COMPLIANCE WITH TREATMENT, AND ANY HISTORY OF VIOLENCE, THE 8 DEFENDANT HAS SHOWN BY CLEAR AND CONVINCING EVIDENCE THAT THE 9 DEFENDANT DOES NOT PRESENT A SUBSTANTIAL RISK TO THE 10 COMMUNITY.".
  • ** *** ** *** ** LLS: Owen Hatch x2698

Bill History

  1. 2026-04-20 Governor

    Governor Signed

  2. 2026-04-08 Governor

    Sent to the Governor

  3. 2026-04-07 House

    Signed by the Speaker of the House

  4. 2026-04-07 Senate

    Signed by the President of the Senate

  5. 2026-04-06 Senate

    Senate Considered House Amendments - Result was to Concur - Repass

  6. 2026-04-02 House

    House Third Reading Passed - No Amendments

  7. 2026-03-31 House

    House Third Reading Laid Over Daily - No Amendments

  8. 2026-03-30 House

    House Second Reading Special Order - Passed with Amendments - Floor

  9. 2026-03-23 House

    House Second Reading Laid Over Daily - No Amendments

  10. 2026-03-18 House

    House Committee on Judiciary Refer Unamended to House Committee of the Whole

  11. 2026-02-11 House

    Introduced In House - Assigned to Judiciary

  12. 2026-02-10 Senate

    Senate Third Reading Passed - No Amendments

  13. 2026-02-09 Senate

    Senate Second Reading Passed with Amendments - Committee

  14. 2026-02-04 Senate

    Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole

  15. 2026-01-14 Senate

    Introduced In Senate - Assigned to Judiciary

Official Summary Text

Current law requires the defense to furnish a copy of any report of examination of the defendant that is made at the instance of the defense to the prosecution in a reasonable amount of time in advance of trial. The act requires a copy of the report to also be furnished to the court who, upon receipt of the copy, shall provide a copy to the department of human services.
The act authorizes community placement of a defendant for treatment and rehabilitation.
For a defendant who was charged with a crime allegedly committed on or after July 1, 2026, the act clarifies the legal standard for a defendant's conditional or unconditional release from the department. The standard for unconditional release is that the defendant has no abnormal mental condition that would be likely to cause the defendant to be dangerous to the defendant's self or others or to the community in the reasonably foreseeable future, is capable of distinguishing right from wrong, and has substantial capacity to conform their conduct to the law. The standard for conditional release is that the defendant can satisfy the standard for unconditional release but with the imposition of and compliance with conditions. At an unconditional release hearing for a defendant who is on conditional release, if any evidence is introduced that shows the defendant is ineligible for unconditional release, the defendant has the burden of proving that the defendant meets the applicable test for unconditional release.
(Note: This summary applies to this bill as enacted.)