Pathways for Individuals with Mental Health Disorder

SENATE BILL 26-149
BY SENATOR(S) Amabile and Simpson, Baisley, Ball, Bright, Carson,
Catlin, Gonzales J., Jodeh, Kipp, Kirkmeyer, Kolker, Marchman, Pelton B.,
Pelton R., Rich, Wallace, Zamora Wilson, Coleman;
also REPRESENT ATIVE(S) Caldwell and McCluskie, Bacon, Barron,
Boesenecker, Brown, Camacho, Clifford, Duran, English, Espenoza,
Flanell, Froelich, Garcia, Garcia Sander, Gilchrist, Goldstein, Gonzalez R.,
Hamrick, Hartsook, Jackson, Joseph, Keltie, Lieder, Lindsay, Lukens,
Marshall, Martinez, Mauro, McCormick, Nguyen, Paschal, Phillips, Ricks,
Rutinel, Sirota, Smith, Soper, Stewart K., Stewart R., Story, Suckla,
Taggart, Titone, Valdez, Winter T., Woog.
CONCERNING PATHWAYS FOR INDIVIDUALS WITH MENTAL HEALTH
DISORDERS, AND, IN CONNECTION THEREWITH, MAKING AN
APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, amend with relocated
provisions article 8.5 of title 16 as follows:
16-8.5-101. Definitions.
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
As used in this article 8.5, unless the context otherwise requires:
(1) "BEHAVIORALHEALTHADMINISTRATION" OR "BHA" MEANS THE
BEHA VIORALHEALTH ADMINISTRATION ESTABLISHED IN SECTION 27-60-203.
(2) "CIVIL PROCEEDING" MEANS:
(a) A CIVIL PROCEEDING REGARDING CERTIFICATION FOR
SHORT-TERM TREATMENT PURSUANT TO SECTION 27-65-108.5, 27-65-109,
OR 27-65-109.5;
(b) A CIVIL PROCEEDING TO IMPOSE A LEGAL DISABILITY OR
REMOVAL OF A LEGAL RIGHT PURSUANT TO ARTICLE 10 OF TITLE 25 .5; OR
( c) A CIVIL PROCEEDING FOR A PROTECTIVE PLACEMENT PURSUANT
TO PART 5 OF ARTICLE 10 OF TITLE 25.5.
ffi (3) "Collateral materials" means the relevant police incident
reports and the charging documents, either the criminal information or
indictment.
00 (4) "Competency evaluation" includes both court-ordered
competency evaluations and second evaluations.
ffl (5) "Competency evaluator" means a licensed physician who is
a psychiatrist or a licensed psychologist, each of whom is trained in forensic
competency assessments, or a psychiatrist who is in forensic training and
practicing under the supervision of a psychiatrist with expertise in forensic
psychiatry, or a psychologist who is in forensic training and is practicing
under the supervision of a licensed psychologist with expertise in forensic
psychology.
f41 ( 6) "Competency hearing" means a hearing to determine whether
a defendant is competent to proceed.
t5} (7) "Competent to proceed" means that the defendant does not
have a mental disability or developmental disability that prevents the
defendant from having sufficient present ability to consult with the
defendant's lawyer with a reasonable degree of rational understanding in
order to assist in the defense or THAT prevents the defendant from having
PAGE 2-SENATE BILL 26-149
a rational and factual understanding of the criminal proceedings.
(8) "COUNTY ATTORNEY" MEANS A COUNTY ATTORNEY OR A
QUALIFIEDATTORNEYACTINGFORACOUNTYATTORNEYAPPOINTEDBYTHE
DISTRICT COURT OR, IN ANY COUNTY OR CITY AND COUNTY WITH A
POPULATION EQUAL TO OR LESS THAN FIFTY THOUSAND PEOPLE, THE
DISTRICT ATTORNEY OR QUALIFIED ATTORNEY ACTING FOR THE DISTRICT
ATTORNEY APPOINTED BY THE DISTRICT COURT.
t6J (9) "Court-ordered competency evaluation" means a
court-ordered examination of a defendant either before, during, or after
trial, directed to developing information relevant to a determination of the
defendant's competency to proceed at a particular stage of the criminal
proceeding, that is performed by a competency evaluator and includes
evaluations concerning restoration to competency.
ffl (10) "Court-ordered report" means a report of an evaluation,
conducted by or under the direction of the department CDHS, that is the
statutory obligation of the department CDHS to prepare when requested to
do so by the court.
t8} ( 11) "Criminal proceedings" means trial, sentencing, satisfaction
of the sentence, execution, and any pretrial matter that is not susceptible of
fair determination without the personal participation of the defendant.
ffl (12) "Department" OR "CDHS" means the department of human
services.
t+6} (13) "Developmental disability" means a disability that has
manifested before the person reaches twenty-two years of age OLD,
constitutes a substantial disability to the affected individual PERSON, and is
attributable to an intellectual disability or other neurological conditions
when sueh THE conditions result in impairment of general intellectual
functioning or adaptive behavior similar to that of a person with an
intellectual disability. Unless otherwise specifically stated, the federal
definition of "developmental disability", 42 U.S.C. sec. 15002 (8), shalt
DOES not apply.
ft+) ( 14) "Executive director" means the executive director of the
department of human services.
PAGE 3-SENATE BILL 26-149
(15) "GUARDIAN" MEANS A GUARDIAN APPOINTED FOR THE
DEFENDANT PURSUANT TO ARTICLE 14 OF TITLE 15 OR AN EMERGENCY
GUARDIAN APPOINTEDPURSUANTTOTHISARTICLE 8.5, ARTICLE65 OF TITLE
27, OR ARTICLE 10 OF TITLE 25 .5.
(16) "DEPARTMENT OF HEALTH CARE POLICY AND FINANCING" OR
"HCPF" MEANS THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING
CREATED IN SECTION 24-1-119.5.
ftz} ( 17) "Incompetent to proceed" means that, as a result of a
mental disability or developmental disability, the defendant does not have
sufficient present ability to consult with the defendant's lawyer with a
reasonable degree of rational understanding in order to assist in the defense,
or that, as a result of a mental disability or developmental disability, the
defendant does not have a rational and factual understanding of the criminal
proceedings.
f-l--3} (18) "In-custody" means in prison, in a jail, or in any other
locked detention facility that does not meet the definition of "inpatient".
ft47 (19) "Inpatient" means in the custody of the department CDHS,
either in a hospital or in a full-time, jail-based restoration program
developed by the department CDHS.
(20) "INPATIENT CARE AT THE DISCRETION OF CDHS" MEANS
PLACEMENT AT A FACILITY:
(a) WHERE THE PERSON IS REQUIRED TO RESIDE AND IS NOT
PERMITTED TO LEAVE UNLESS ACCOMPANIED AND SUPERVISED BY STAFF;
(b) THAT AGREES TO SUPERVISE THE PERSON, THAT AGREES TO TAKE
APPROPRIATE MEASURES TO ENSURE THE PERSON COMPLIES WITH ANY
COURT ORDERS, AND THAT HAS PROCEDURES IN PLACE THAT WOULD RESULT
IN A TIMELY REPORT TO THE COURT, LICENSING AUTHORITIES, AND LAW
ENFORCEMENT IF THE PERSON ABSCONDED WITHOUT PERMISSION;
(c) WHERE A PROFESSIONAL PERSON, AS DEFINED IN SECTION
27-65-102, WHO IS EMPLOYED BY OR CONTRACTED WITH CDHS, BHA, OR
HCPF, ATTESTS THAT THE FACILITY IS MEDICALLY APPROPRIATE AND
SUFFICIENTLY PROTECTS VICTIMS AND THE COMMUNITY FROM THE
PAGE 4-SENATE BILL 26-149
SUBSTANTIAL RISK OF HARM POSED BY THE PERSON; AND
( d) THAT IS OPERA TED BY, OR HAS CONTRACTED WITH, CDHS, BHA,
OR HCPF TO PROVIDE SERVICES FOR CDHS, BHA, OR HCPF.
ft-51 (21) "Mental disability" means a substantial disorder of
thought, mood, perception, or cognitive ability that results in marked
functional disability, significantly interfering with adaptive behavior.
"Mental disability" does not include acute intoxication from alcohol or other
substances, or any condition manifested only by antisocial behavior, or any
substance abuse impairment resulting from recent use or withdrawal.
However, substance abuse that results in a long-term, substantial disorder
of thought, mood, or cognitive ability may constitute a mental disability.
ft-61 (22) "Outpatient" means a location outside of the custody of the
department CDHS. "Outpatient" does not include a jail, prison, or other
detention facility where the defendant is in-custody.
(23) "RESTORABLE" MEANS THERE IS A SUBSTANTIAL PROBABILITY
THAT A DEFENDANT, WITH RESTORATION SERVICES, WILL ATTAIN
COMPETENCY IN THE REASONABLY FORESEEABLE FUTURE.
(24) "RESTORABILITY" MEANS THE LEGAL QUESTION OF WHETHER A
DEFENDANT IS RESTORABLE OR UNRESTORABLE.
(25) "RESTORABILITY HEARING" MEANS A HEARING TO DETERMINE
WHETHER A DEFENDANT WHO IS INCOMPETENT TO PROCEED IS RESTORABLE
OR UNRESTORABLE.
fl-91 (26) "Restoration hearing" means a hearing to determine
whether a defendant who has previously been determined to be incompetent
to proceed has become competent to proceed.
t+8, (27) "Second evaluation" means an A COMPETENCY evaluation
requested by the court, the district attorney, or the defendant that is
performed by a competency evaluator and that is not performed by or under
the direction of, or paid for by, the department CDHS.
tf-9} (28) "Tier 1" means a defendant:
PAGE 5-SENATE BILL 26-149
(a) Who has been ordered to receive inpatient restorative treatment
RESTORATION SERVICES;
(b) For whom a competency evaluator has determined either that the
defendant:
(I) Appears to have a mental health disorder and, as a result of the
mental health disorder, appears to be a danger to THE DEFENDANT'S SELF, A
DANGER TO others, or to himself or herself or appears to be gravely
disabled; or
(II) Has a mental health disorder; and
( c) For whom, as a result of the determination made pursuant to
subsection ( 19)(1,J SUBSECTION (28)(b) of this section, delaying inpatient
hospitalization beyond seven days would cause harm to the defendant or
others.
fz07 (29) "Tier 2" means a defendant who has been ordered to
receive inpatient restmative treatment RESTORATION SERVICES and who
does not meet the criteria to be a tier 1 defendant.
(30) "UNRESTORABLE" MEANS THERE IS NOT A SUBSTANTIAL
PROBABILITY THAT A DEFENDANT, WITH RESTORATION SERVICES, WILL
ATTAIN COMPETENCY IN THE REASONABLY FORESEEABLE FUTURE.
(31) "VOLITIONAL LACK OF COOPERATION OR UNWILLINGNESS TO
PARTICIPATE" MEANS THE DEFENDANT HAS NOT ATTENDED RESTORATION
SERVICES OR THE DEFENDANT REFUSES TO TAKE PRESCRIBED MEDICATIONS,
ESPECIALLY WHEN THE DEFENDANT INTENDS TO A VOID OR DELAY THE COURT
CASE FROM PROCEEDING. "VOLITIONAL LACK OF COOPERATION OR
UNWILLINGNESSTOPARTICIPATE"DOESNOTINCLUDEACTSTHATPRIMARILY
RESULT FROM THE BONA FIDE MEDICAL OR MENTAL HEALTH DISORDER FOR
WHICH THE DEFENDANT IS INCOMPETENT OR A DEFENDANT'S ATTEMPT TO
RAISE A BONA FIDE GOOD FAITH CONCERN ABOUT MEDICATION SIDE EFFECTS
AND RISKS.
16-8.5-102. Competency to proceed - how and when raised.
( 1) While a defendant is incompetent to proceed, the defendant must
PAGE 6-SENATE BILL 26-149
not be tried or sentenced, nor shall the court consider or decide pretrial
matters that are not susceptible of fair determination without the personal
participation of the defendant. However, a determination that a defendant
is incompetent to proceed does not preclude the furtherance of the
ADDITIONAL proceedings by the court to consider and decide matters,
including a preliminary hearing and motions, that are susceptible of fair
determination prior to trial and without the personal participation of the
defendant. Those proceedings may be later reopened if, in the discretion of
the court, substantial new evidence is discovered after and as a result of the
defendant's restoration to competency.
(2) The question of a defendant's competency to proceed must be
raised in only one of the following manners:
(a) If the judge has reason to believe that the defendant is
incompetent to proceed, the judge shall suspend the proceeding and
determine the competency or incompetency of the defendant pursuant to
section 16-8.5-103;
(b) If either the defense or the prosecution has reason to believe that
the defendant is incompetent to proceed, either party may file a motion in
advance of the commencement of the particular proceeding. A motion to
determine competency shalt MUST be in writing and contain a certificate of
counsel stating that the motion is based on a good faith doubt that the
defendant is competent to proceed. The motion must set forth the specific
facts that have fom1ed the basis for the motion. The court must SHALL seal
the motion. If the motion is made by the prosecution, the prosecution shall
provide the defense a copy of the motion. If the motion is made by the
defense, the defense shall provide the prosecution notice of the filing of the
motion at the time of filing, and if the defense requests a hearing, the
defense shall provide the motion to the prosecution at the time the hearing
is requested. The motion may be filed after the commencement of the
proceeding if, for good cause shown, the defendant's mental disability or
developmental disability was not known or apparent before the
commencement of the proceeding.
(c) Repealed.
td} ( c) By the public defender liaison, as described in section
21-1-104 ( 6), or an attorney representing the offender in a parole
PAGE 7-SENATE BILL 26-149
proceeding.
(3) [Formerly 16-8.5-109 (l)] When a determination is to be made
as-to a defendant's eonipeteney THE ISSUE OF WHETHER A DEFENDANT IS
INCOMPETENT to proceed IS RAISED, the court shall explain to the defendant
the nature and consequences of the proceeding and the DEFENDANT'S rights
of the defendant under this section. The defendant, PURSUANT TO SECTION
16-8.5-108 (2) AND (3). If the defendant wishes to contest the question, THE
DEFENDANT may request a competency hearing that the court shall grant as
a matter of right.
ffl (4) Notwithstanding any pro"Vision of this article 8.5, to the
contrary; the question of whether a convicted person is mentally
incompetent to be executed must be raised and determined pursuant to part
14 of article 1.3 of title 18.
t41 (5) If a defendant is eligible for referral to the bridges
wraparound care program pursuant article 8.6 of this title 16, the court may
ask the parties whether the defendant should be referred for participation in
the program. With the agreement of the parties, the court may delay making
determinations regarding the defendant's competency to allow a bridges
wraparound care coordinator to conduct an initial intake of the defendant
pursuant to section 16-8.6-108 to determine whether the bridges
wraparound care program is appropriate for the defendant.
16-8.5-103. Determination of competency to proceed.
(1) (a) Whenever the question of a defendant's competency to
proceed is raised, by either party or on the court's own motion, the court
may make a preliminary finding of competency or incompetency to proceed,
which is a final determination unless a party to the case objects within seven
days after the court's preliminary finding.
(b) On or before the date when a court orders that a defendant be
evaluated for competency, a bridges court liaison for the district hired or
contracted pursuant to article 95 of title 13 may be assigned to the
defendant.
(2) If either party objects to the court's preliminary finding, or if the
court determines that it has insufficient information to make a preliminary
PAGE 8-SENATE BILL 26-149
finding, the court shall order that the defendant be evaluated for
competency by the department CDHS and that the department CDHS
prepare a court-ordered report.
(3) Within f-ourteen days afte1 1eceipt of the court-01de1ed 1eport,
eithe1 party may 1equest a heating 01 a second evaluation.
(4) Ifa party 1equests a second evaluation, any pending 1equests f-o1
a heating must be continued until the I eeeipt of the second evaluation
1eport. The 1eport of the expert conducting the second evaluation must be
completed and filed with the court within thirty-five days afte1 the court
01 de1 allowing the second evaluation, unless the time pet iod is extended by
the court f-o1 good cause. The court shall prn'1ide the second evaluation to
the pat ties and the department. The depa1 tinent shall use the second
evaluation to ensme that the department complies with its 1esponsibilities,
including 1eviewing and summadzing ptim competency opinions as
1equiied by section 16-8.5-105 (5)(f). If the second evaluation is 1equested
by the court, it must be paid f-o1 by the court.
t5} (3) If neither party requests a hearing PURSUANT TO SECTION
16-8.5-108 or a second evaluation PURSUANT TO SECTION 16-8.5-111,
within the applicable time frame, the court shall enter a final determination,
based on the information then available to the court, whether the defendant
is or is not competent to proceed.
(6) If a party makes a tinrely I equest f-ot a heating, the heating shall
be held within thirty-five days after the request f-ot a heating 01, if
applicable, within thirty-five days afte1 the filing of the second evaluation
1eport, unless the time is extended by the court afte1 a finding of good
cause.
(7) At any heating held pm suant to this section, the party asserting
the incompetency of the defendant shall have the burden of submitting
evidence and the bmden ofprnofby a ptepondeiance of the evidence.
t8) ( 4) If the question of the defendant's incompetency to proceed
is raised after a jury is impaneled to try the issues raised by a plea of not
guilty and the court determines that the defendant is incompetent to proceed
or orders a court-ordered competency evaluation, the court may declare a
mistrial. Declaration of a mistrial under these circumstances does not
PAGE 9-SENATE BILL 26-149
constitute jeopardy, nor does it prohibit the trial or sentencing of the
defendant for the same offense after the defendant has been found restored
to competency.
t9} ( 5) In all proceedings ttnder BROUGHT PURSUANT TO this article
8.5, when competency has been raised by the parole board pursuant to
section 16-8.5-102 (2)(d) SECTION 17-22.5-403.5 (4)(f), the court shall pay
for any evaluation to determine competency pursuant to this section, and the
COMPETENCY evaluation must be conducted at the place where the
defendant is in custody.
16-8.5-104. Defendant's waiver of privilege.
( 1) When a defendant raises the issue of competency to proceed, or
when the court determines that the defendant is incompetent to proceed, any
claim by the defendant to confidentiality or privilege is deemed waived in
the case in which competency is raised and for records or information from
any prior criminal case in which the defendant raised the issue of
competency or in which the court determined that the defendant was
incompetent to proceed. The district attorney, the defense attorney, the
bridges court liaison, and the court are granted access, without written
consent of the defendant or further order of the court, to:
(a) Reports of competency evaluations, including second
evaluations;
(b) Information and documents relating to the competency
evaluation that are created by, obtained by, reviewed by, or relied on by an
A COMPETENCY evaluator; pe1f-o1ming a court-ordered evaluation, and
(c) The COMPETENCY evaluator, for the purpose of discussing the
competency evaluation.
(2) Upon a request by either party or the court for the information
described in subsection ( 1) of this section, the COMPETENCY evaluator or
treatment provider shall provide the information for use in preparing for a
COMPETENCY hearing, on competency RESTORABILITY HEARING, or
restoration HEARING and for use during such a THE hearing.
(3) An e v aluatm m a facility pt o v iding competency evaluation or
PAGE IO-SENATE BILL 26-149
restoration treatment services CDHS, A COMPETENCY EVALUATOR, OR A
RESTORATION SERVICE PROVIDER THAT IS PERFORMING WORK pursuant to a
court order issued pursuant to this article 8.5 shall provide procedural
information to the court, bridges court liaison, district attorney, or defense
counsel concerning the defendant's location, the defendant's hospital or
facility admission status, the status of ANY COMPETENCY evaluation
procedures, and other procedural inforination relevant to the case THE
STATUS OF ANY RESTORATION SERVICES.
( 4) Nothing in This section limits DOES NOT LIMIT the court's ability
to order that information, in addition to the information described in
subsections ( 1) and (3) of this section, be provided to the COMPETENCY
evaluator, or to either party to the case, nor does it limit the information that
is available after the written consent of the defendant.
f4:51 (5) The court may, upon the request of either party, issue an
order to assist a party in accessing, receiving copies of, or discussing with
an A COMPETENCY evaluator or treatment provider information or records
that the party has the right to access pursuant to the defendant's waiver of
privilege. If a party requests such an order, the court shall allow the
opposing party to make any legal objection, including whether the requested
information is within the scope of the defendant's waiver of privilege, and
SHALL consider any requests for protective orders prior to issuing the court
order. This section does not limit the court's ability to order information be
provided to a party with the written consent of the defendant.
t5} ( 6) The court shall order both the prosecutor and the defendant
or the defendant's counsel to exchange the names, addresses, reports, and
statements of each physician or psychologist who has examined or treated
the defendant for competency.
t6J (7) Statements made by the defendant in the course of any
COMPETENCY evaluation must be protected in accordance with section
16-8.5-108 SECTION 16-8.5-107.
16-8.5-105. Competency evaluations, locations, time frames, and
report.
(1) (a) (I) The court shall order that the competency evaluation be
conducted on an outpatient basis or, if the defendant is unable to post the
PAGE I I-SENATE BILL 26-149
monetary condition of bond or is ineligible to be released on bond, at the
place where the defendant is in-custody, except as provided in subsection
( 1 )(b) of this section. WHEN THE COURT ORDERS A COMPETENCY
EVALUATION, THE COURT SHALL ALSO ORDER THE APPROPRIATE PARTY TO
TRANSMIT THE COLLATERAL MATERIALS TO CDHS WITHIN TWO BUSINESS
DAYS AFTER THE ORDER FOR A COMPETENCY EVALUATION, WITH A
CERTIFICATE OF SERVICE OF THE COLLATERAL MATERIALS PROVIDED TO THE
COURT AND OTHER NECESSARY PARTIES. IF THE PARTIES ARE
COMMUNICATING WITH THE COURT BY ELECTRONIC MEANS AND THE ORDER
FOR A COMPETENCY EVALUATION IS ISSUED BY ELECTRONIC MEANS, CDHS
SHALL ACCEPT THE ORDER BY THE SAME ELECTRONIC MEANS.
(II) If the department CDHS conducts the COMPETENCY evaluation
on an in-custody basis, the department CDHS shall begin the COMPETENCY
evaluation as soon as practicable, BUT SHALL COMPLETE THE COMPETENCY
EVALUATION NO LATER THAN TWENTY-ONE DAYS after the department's
receipt of a RECEIVING THE COLLATERAL MATERIALS AND court order
directing the COMPETENCY evaluation If the evaluation is conducted on an
in-custody basis, the department shall complete the evaluation no later than
twenty-one days after receipt of the order and the collateral materials BE
COMPLETED.
(Ill) If CDHS CONDUCTS the COMPETENCY evaluation is conducted
on an out-of-custody basis, the departnrent CDHS shall complete the
COMPETENCY evaluation within forty-two days after receipt of the order and
THE collateral materials, unless the court extends the time upon a showing
of good cause. THE COURT SHALL DETERMINE THE TYPE OF BOND AND THE
CONDITIONS OF RELEASE AFTER CONSIDERATION OF THE PRESUMPTIONS AND
FACTORS ENUMERATED IN ARTICLE 4 OF THIS TITLE 16, WHICH INCLUDE
CONSIDERATION OF THE INFORMATION RECEIVED FROM ANY PRETRIAL
SERVICES PROGRAM PURSUANT TO SECTION 16-4-106 AND ANY
INFORMATION PROVIDED BY THE BRIDGES COURT LIAISON HIRED OR
CONTRACTED PURSUANT TO ARTICLE 95 OF TITLE 13. AS A CONDITION OF
ANY BOND, THE COURT SHALL REQUIRE THE DEFENDANT'S COOPERATION
WITH THE COMPETENCY EVALUATION ON AN OUTPATIENT BASIS. IN SETTING
THE BOND, THE COURT SHALL NOT CONSIDER THE NEED FOR THE DEFENDANT
TO RECEIVE AN EVALUATION PURSUANT TO THIS ARTICLE 8.5 AS A FACTOR
IN DETERMINING ANY MONETARY CONDITION OF BOND.
(II) At the time any evaluation is ordered, the court shall order that
PAGE 12-SENATE BILL 26-149
the collate1 al inate1 ials be t1 ansmitted to the department within tw ency-four
hom s after the 01 de1 by the appt opt iate party with a certificate of se1 vice of
the matetials p10 v ided to the court and othet necessary parties by the party
01de1ed to t1ansinit the collate1al mate1ials.
(111) The court shall determine the type of bond and the conditions
of I elease aftet consideration of the pt esumptions and factors enume1 ated
in article 4 of this title 16, which include consideration of the info1mation
received fi:om any p1ettial set vices p10gram pmsuant to section 16-4-106
and any information p10vided by the btidges court liaison hired 01
contracted pmsuant to article 95 of title 13. As a condition of any bond, the
court shall requite the defendant's cooperntion with the competency
evaluation on an outpatient and out-of-custody basis. In setting the bond,
the court shall not considet the need fut the defendant to 1 eceiv e an
evaluation pmsuant to this article 8.5 as a factor in determining any
monetary condition of bond.
(IV) Nothing in This subsection ( 1 )(a) limits the av ail ability of DOES
NOT LIMIT A PERSON'S ABILITY TO SEEK a court-ordered evaluation for a
person with a mental health disorder or invokes TO INITIATE the procedure
for an emergency mental health hold set forth in PURSUANT TO section
27-65-106.
(b) (I) Notwithstanding the p10\jisions of subsection (l)(a) of this
section, the court may order the defendant placed in the department's
CDHS's custody for the time necessary to conduct the AN inpatient
competency evaluation if:
ffl (A) The department CDHS provides a recommendation to the
court, after consultation CONSULTING with the defendant and teview of
REVIEWING any clinical or collateral materials, that conducting the
competency evaluation on an inpatient basis is clinically appropriate;
tH} (B) The court finds that the competency evaluation and report
provided by the department CDHS is insufficient because it does not meet
statutory requirements pursuant to subsection (5) of this section or that two
or more conflicting competency evaluations and reports have been
completed; or
tHI} (C) Extraordinary circumstances relating to the case or the
PAGE 13-SENATE BILL 26-149
defendant make conducting the competency evaluation on an inpatient basis
necessary and appropriate.
(IV) and (V) (Deleted b' amendment, L. 2019.)
tb:3-} (11) Upon entry of a court order pursuant to subsection (lJfbJ
SUBSECTION (1 )(b )(I) of this section, the department CDHS has the same
authority with respect to custody as provided for in section 16-8-105.5 (4).
(b:5-) (III) When the court orders an inpatient COMPETENCY
evaluation, the court shall advise the defendant that restoration services may
commence immediately if the COMPETENCY evaluation concludes OPINES
that the defendant is incompetent to proceed, unless either party objects at
the time of the advisement, or within seventy-two hours after the receipt of
the written REPORT OF THE COMPETENCY evaluation submitted to the court.
The court shall record any objection to the order of commitment to the
dcpartnrcnt CDHS.
(b.6) lfthc c~aluatot concludes that the defendant is incompetent to
prncccd and that inpatient t cstot ation set vices at c not clinican, apprnptiatc,
the department shall detail the outpatient and out-of-custoci, t cstot ation
sci vices a~ ailablc to the defendant.
tb:1} (IV) When the court orders an inpatient COMPETENCY
evaluation, the defendant must be offered admission to the hospital or other
inpatient program within fourteen days after receipt of the court order and
collateral materials. The court shall review the case in twenty-one days to
determine if transportation to the hospital or program has been completed
or if further orders are necessary.
(c) (Deleted b, amendment, L. 2019.)
(c) [Formerly 16-8.5-105 (l)(b.6)] If the COMPETENCY evaluator
concludes OPINES that the defendant is incompetent to proceed and that
inpatient restoration services are not clinically appropriate, the department
CDHS shall detail the outpatient and out-of-custoci, restoration services
available to the defendant.
(d) (I) If a defendant is in the department's CDHS's custody for
purposes of the competency evaluation ordered pursuant to this article 8.5
PAGE 14-SENATE BILL 26-149
and the defendant has completed the competency evaluation and the
COMPETENCY evaluator has concluded OPINED that:
(A) The defendant is competent to proceed, the department CDHS
may return the defendant to a county jail or to the community, as
determined by the defendant's bond status; If the evaluatot has concluded
that
(B) The defendant is incompetent to proceed and that inpatient
restoration services are not clinically appropriate, and outpatient restoration
services are available to the defendant in the community, the department
CDHS shall notify the court and the bridges court liaison BY ELECTRONIC
MEANS, and the department CDHS shall develop a discharge plan and a plan
for community-based restoration services in coordination with the
community restoration services provider.
(II) The court shall hold a hearing within seven days after receiving
the notice PURSUANT TO SUBSECTION (l)(d)(l)(B) OF THIS SECTION, at which
the department CDHS shall provide to the court the plan for
community-based restoration services, and the court may enter any
appropriate orders regarding the custody of the defendant and the
defendant's bond status. The department CDHS shall advise the defendant
of the date and time of the court hearing. If the department CDHS is
returning the defendant to a county jail, the county sheriff in the jurisdiction
where the defendant must return shall take custody of the defendant within
seventy-two hours after receiving notification from the department CDHS
that the defendant's COMPETENCY evaluation is completed. At the time the
department CDHS notifies the sheriff, the department CDHS shall also
notify the court and the bridges court liaison that the department CDHS is
returning the defendant to the custody of the jail.
( e) Nothing in This section t estt iets DOES NOT RESTRICT the right of
the defendant to procure a competency evaluation as ptovided in section
16-8.5-106 AT THE DEFENDANT'S REQUEST PURSUANT TO SECTION
16-8.5-111 (1).
(2) The defendant shalt MUST cooperate with the competency
evaluator and with other personnel providing ancillary services such as
testing and radiological services. Statements made by the defendant in the
course of the COMPETENCY evaluation shall be ARE protected as provided
PAGE 15-SENATE BILL 26-149
m section 16-8.5-108 SECTION 16-8.5-107. If the defendant does not
cooperate with the competency evaluator and other personnel providing
ancillary services and the lack of cooperation is not the result of a
developmental disability or a mental disability, the fact of the defendant's
noncooperation with the competency evaluator and other personnel
providing ancillary services may be admissible in the defendant's
competency HEARING, RESTORABILITY HEARING, or restoration hearing to
rebut any evidence introduced by the defendant with regard to the
defendant's competency.
(3) To aid in forming an opinion as to the conipctcncy of the
defendant DEFENDANT'S COMPETENCY, it is permissible in the course of an
A COMPETENCY evaluation under PURSUANT TO this section to use THE
DEFENDANT'S confessions and admissions of the defendant and any other
evidence of the circumstances surrounding the commission of the offense,
as well as the DEFENDANT'S medical and social history, of the defendant in
questioning the defendant. When the defendant is noncooperative with the
competency evaluator or personnel providing ancillary services, THE
COMPETENCY EVALUATOR MA y RENDER an opinion of the DEFENDANT'S
competency ofthc defendant may be rendered by the competency evaluator
based upon confessions, admissions, and any other evidence of the
circumstances surrounding the commission of the offense, as well as the
DEFENDANT'S known medical and social history, of the defendant, and the
opinion may be admissible into evidence at the defendant's competency or
restoration hearing.
( 4) THE COMPETENCY EVALUATOR SHALL PREPARE a written report
of the COMPETENCY evaluation, must be pr cpared and the department CDHS
shall electronically deliver the report to the court clerk who ordered it. The
clerk shall provide a copy of the report to the prosecuting attomcy, the
br idgcs court liaison, and the defense-counsel using an c-filing system AS
ORDERED USING AN E-FILJNG SYSTEM RECORD IN THE MA TIER. Without
reducing any other timelines set forth in this article 8.5, the competency
evaluator shall provide the written report to the court within fourteen days
after finishing meeting, or attempting to meet, with the defendant to
evaluate the defendant's competency.
(5) The competency evaluation and report must include, but need
not be ARE NOT limited to:
PAGE 16-SENATE BILL 26-149
(a) The name of each physician, psychologist, or other expert who
examined the defendant;
(b) A description of the nature, content, extent, and results of the
competency evaluation and any tests conducted, which must include, but
need not be IS NOT limited to, the information reviewed and relied upon in
conducting the competency evaluation and specific tests conducted by the
competency evaluator;
(c) A diagnosis and pt ognosis of the defendant's mental disability
01 developmental disability,
td1 ( C) An THE COMPETENCY EVALUATOR'S opinion as to whether the
defendant currently suffers from a mental disability or developmental
disability, OR BOTH. If the opinion of the competency evaluator is that the
defendant suffers from a mental disability or developmental disability, then
the report must include an opinion as to the diagnosis and the prognosis of
the defendant's mental disability or developmental disability.
tCJ ( d) An THE COMPETENCY EVALUATOR'S opinion as to whether the
defendant is competent to proceed or incompetent to proceed. If the opinion
oftl cc competency c valuator is that the defendant is incompetent to proceed,
then the report must include:
(I) (A) An THE COMPETENCY EVALUATOR'S opinion as to whether
there is a substantial probability that the defendant, with restoration
set vices, will attain competency within the reasonably f-orcsccable futmc,
and THE DEFENDANT IS RESTORABLE OR UNRESTORABLE. AS PART OF
FORMING THE OPINION, THE COMPETENCY EVALUATOR SHALL USE DUE
DILIGENCE IN REVIEWING AND SUMMARIZING ANY PRIOR COMPETENCY
OPINIONS REGARDING THE DEFENDANT. IF THE OPINION REGARDING
RESTORABILITY DIFFERS FROM OPINIONS IN PAST EVALUATIONS OF THE
DEFENDANT, THE COMPETENCY EVALUATOR SHALL EXPLAIN THE BASIS FOR
THE COMPETENCY EVALUATOR'S DIFFERING OPINIONS.
(B) THE COMPETENCY EVALUATOR'S OPINION AS TO WHETHER THE
DEFENDANT POSES A SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS, AS
DEFINED IN SECTION 27-65-102, IF THE OPINION IS THAT THE DEFENDANT IS
UNRESTORABLE AND THE DEFENDANT IS EITHER CHARGED WITH HOMICIDE
PURSUANT TO PART 1 OF ARTICLE 3 OF TITLE 18; A CRIME OF VIOLENCE, AS
PAGE 17-SENATE BILL 26-149
DEFINED IN SECTION 18-1.3-406 (2); OR A FELONY THAT CONSTITUTES
UNLAWFUL SEXUAL BEHAVIOR, AS DEFINED IN SECTION 16-22-102; OR THE
DISTRICT ATTORNEY PROVIDED NOTICE THAT THE DISTRICT ATTORNEY IS
A WARE OF AN ACT DESCRIBED IN SECTION 16-8 .5-118 ( 6)(b )(I) THAT IS NOT
CHARGED IN THE CURRENT CASE THE DEFENDANT IS ALLEGED TO HA VE
COMMITTED AND IS OR WAS CHARGED IN A CRIMINAL CASE IN COLORADO IN
WHICH COMPETENCY WAS RAISED.
tB} (C) If possible, when the defendant is diagnosed with a
moderate to severe intellectual 01 developmental disability acquit cd 01
traumatic brain injury' OI dementia OR A NEUROCOGNITIVE DISORDER, AS
DEFINED IN SECTION 25.5-10-501, which either alone or together with a
co-occurring mental illness DISABILITY affects the defendant's ability to gain
or maintain competency, the cvaluato1 shall prn\Jidc an opinion as to
w hcthct thct c is a substantial pt obability that the defendant with I cstoi ation
set vices will attain competency within the 1easonably fmeseeable futme.
When AND the opinion is that thete is a substantial ptobability of attaining
competency THE DEFENDANT IS RESTORABLE, the COMPETENCY evaluator
shall specifically state whether the COMPETENCY evaluator believes there
are unique or different services outside the standard competency restoration
curriculum developed by the department CDHS that the defendant may need
in order to be restored to competency within the reasonably foreseeable
future.
(JI) An IF THE COMPETENCY EVALUATOR'S OPINION PURSUANT TO
SUBSECTION (5)(d)(I)(A) OF THIS SECTION IS THAT THE DEFENDANT IS
RESTORABLE, AN opinion as to whether inpatient restoration services are
clinically appropriate to restore the defendant to competency.
(f) An opinion as to whethet thetc is a substantial prnbabilicy that
the defendant, with I cstot ation set vices, will attain competency within the
reasonably futeseeable futme. As part of futming theh opinion, the
competency evaluato1 shall use due diligence in the tevicw and summary of
any ptiot competency opinions 1ega1ding the defendant. If the competency
evaluatot's opinion 1ega1ding 1cstorabilicy diffcts from opinions in past
evaluations of the defendant, the competency e v aluatot shall explain the
basis fm theiI diffe1cnt opinion.
fg} ( e) The competency evaluator's opinion as to whether the
defendant meets the criteria for a tier-I TIER 1 or tier-ff TIER 2 designation;
PAGE 18-SENATE BILL 26-149
as defined in section 16-8.5-101 (19) and (20), and
th} (f) The competency evaluator's opinion and the information and
factors considered in making determinations as to whether the defendant:
(I) Meets the criteria for an emergency mental health hold pursuant
to section 27-65-106;
(II) Meets the criteria for a certification for short-term treatment
pursuant to section 27-65-108.5 or 27-65-109 and, if the defendant meets
such THE criteria, whether the COMPETENCY evaluator believes the
defendant could be treated on an outpatient basis pursuant to section
27-65-111. IF THE DEFENDANT IS INCARCERATED OR IS INPATIENT IN A
MEDICAL FACILITY AND HAS A PENDING CRIMINAL CHARGE, in assessing
whether the defendant with a pending criminal charge is a danger to self or
THE DEFENDANT'S SELF, A DANGER TO others, or is gravely disabled, ifthe
person is incar CCI ated AS THOSE TERMS ARE DEFINED IN SECTION 27-65-102,
the COURT, competency evaluator, or professional person, as defined in
section 27-65-102, and the court shall not rely on the fact that the defendant
is incarcerated or is an inpatient in a medical facility to establish that the
defendant is not a danger to self, or to others, or is not OR gravely disabled.
Ifit is the COMPETENCY evaluator's opinion that the defendant meets criteria
for certification for short-term treatment pursuant to section 27-65-108.5 or
27-65-109, the COMPETENCY evaluator is not required to request a petition
for certification for short-term treatment of the defendant. in a court with
jmisdiction pmsuant to section 16-8.5-111 (3).
(III) Has an intellectual and developmental disability, as defined in
section 25.5-10-202, and if the defendant does have sueh-a AN
INTELLECTUAL AND DEVELOPMENT AL disability:
(A) Whether the defendant ALSO HAS A MENTAL HEALTH DISORDER,
AS DEFINED IN SECTION 27-65-102, AND, IF THE DEFENDANT DOES HA VE A
CO-OCCURRING INTELLECTUAL AND DEVELOPMENTAL DISABILITY AND A
MENTAL HEALTH DISORDER, THE PRIMARY DIAGNOSIS, IF DETERMINABLE;
AND
(B) WHETHER THE DEFENDANT may be eligible for any additional
services pursuant to article 10 of title 25.5 or article 10.5 of title 27, OR MAY
MEET THE CRITERIA FOR A CIVIL PROCEEDING; OR
PAGE 19-SENATE BILL 26-149
(IV) HAS A NEUROCOGNITIVE DISORDER, AS DEFINED IN SECTION
25.5-10-501, AND IF THE DEFENDANT DOES HAVE A NEUROCOGNITIVE
DISORDER, WHETHER THE DEFENDANT ALSO HAS A MENTAL HEALTH
DISORDER, AND WHETHER THE DEFENDANT MAY MEET THE CRITERIA FOR
PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-502. IF THE
COMPETENCY EVALUATOR'S OPINION IS THAT THE DEFENDANT MAY MEET
THE CRITERIA FOR PROTECTIVE PLACEMENT, THE COMPETENCY EVALUATOR
IS NOT REQUIRED TO PETITION THE COURT FOR PROTECTIVE PLACEMENT.
(g) WHEN THE COMPETENCY EVALUATOR HAS REASON TO BELIEVE
THE DEFENDANT HAS A NEUROCOGNITIVE DISORDER, AS DEFINED IN SECTION
25.5-10-501, ORA DEVELOPMENTAL DISABILITY:
(I) THE COMPETENCY EVALUATOR'S OPINION AS TO WHETHER
DIAGNOSTIC TESTING EXISTS BEYOND WHAT THE COMPETENCY EVALUATOR
CAN PERFORM THAT IS NECESSARY TO PROVIDE AN OPINION AS TO WHETHER
THE DEFENDANT IS INCOMPETENT TO PROCEED OR RESTORABLE; AND
(II) THE COMPETENCY EVALUATOR'S OPINION AS TO THE
DEFENDANT'S PRIMARY DIAGNOSIS AND PROGNOSIS.
(6) Whenever a competency evaluation is ordered upon the request
of either party, the court may SHALL notify the county attorney or district
att01 ney required to conduct proceedings pursuant to section 27-65-113 (6)
SECTION 27-65-113 .5 for the county in which the charges are pending, and
the bridges court liaison hired or contracted pursuant to article 95 of title 13,
of all court dates for return of the COMPETENCY EVALUATION report. on
competency to ensure that all parties a1 e on notice of the expected need for
eoordinated sel'\7ices and planning with consideration of possible civil
certification.
(7) Each court shall allow for any competency evaluation conducted
pursuant to the provisions of this section or section 16-8.5-106 THIS
ARTICLE 8.5 to be submitted to the court through electronic means,
INCLUDING THROUGH AN E-FILING SYSTEM IF THE ORDER FOR THE
COMPETENCY EVALUATION IS ISSUED TO CDHS THROUGH AN E-FILING
SYSTEM.
(8) A competency evaluator is not liable for damages in any civil
action for failure to warn or protect a specific person or persons, including
PAGE 20-SENATE BILL 26-14-9
those identifiable by their association with a specific location or entity,
against the violent behavior of a defendant being evaluated by the
competency eyaluator, and any THE competency evaluator must not be held
civilly liable for failure to predict Stteh violent behavior, except where
WHEN the defendant has communicated to the competency evaluator a
serious threat of imminent physical violence against a specific person or
persons, including those identifiable by their association with a specific
location or entity.
16-8.5-106. [Formerly 16-8.5-112] Petition for involuntary
administration of medication -venue for collateral hearing.
( 1) If a defendant committed to the custody of the department CDHS
for A COMPETENCY evaluation, or for restoration treatment SERVICES, meets
the constitutional requirements for the administration of involuntary
medication, the defendant's treating physician may petition the court for an
order requiring that the defendant accept the treatment MEDICATION or,
alternatively, that the medication be forcibly administered to the defendant.
The department CDHS shall, prior to the hearing on the petition, deliver a
copy of the petition to the court that committed the defendant to the custody
of the department CDHS, the prosecuting attorney, and the defendant's legal
representation in the criminal case, if sueh LEGAL representation exists, and
to the defendant directly if the defendant does not have legal representation.
A physician shall assess and document the defendant's mental status prior
to the administration of medication.
(2) A petition fut involuntary treatment must be heard in The court
of the jurisdiction where the defendant is located The-department SHALL
HEAR A PETITION FOR INVOLUNTARY MEDICATION. CDHS shall promptly
deliver a copy of the order granting or denying the petition to the court that
committed the defendant to the custody of the department CDHS, the
prosecuting attorney, and the defendant's legal representation in the criminal
case, if sueh LEGAL representation exists, and to the defendant directly if the
defendant does not have legal representation.
(3) If the committing court elects to tr ans-fer venue fur medication
hearings to the court ofthejmisdiction where the defendant is located IF A
HEARING FOR ADMINISTRATION OF INVOLUNTARY MEDICATION IS HEARD IN
A DIFFERENT COUNTY THAN THE COUNTY WHERE THE COMMITTING COURT
IS LOCATED, the committing county shall reimburse the county where the
PAGE 21-SENATE BILL 26-149
proceeding is heard for the reasonable costs incurred in conducting the
proceeding. Alternatively, the district attorney OR COUNTY ATTORNEY for
the committing county or in any county or any city and county having a
population exceeding fifty thousand people, the county attorney fot the
committing county, may prosecute the proceeding as the proponent of the
physician's petition.
( 4) If a defendant committed to the custody of the department CDHS
for evaluation or for restoration treatment SERVICES is ordered by a court to
accept treatment MEDICATION as set forth in subsection (1) of this section
and is subsequently returned to jail for pending court proceedings, the
county jail may require the defendant to continue to receive the same
court-ordered treatment MEDICATION that was administered by the
department CDHS before the defendant was discharged from inpatient care,
or, alternatively, appropriate medical personnel provided by the jail may
forcibly administer such THE court-ordered medication to the defendant.
16-8.5-107. [Formerly 16-8.5-108 (l)] Use of defendant's
statements.
(1) ta} Except as otherwise provided in this subsection (1) SECTION,
evidence acquired directly or indirectly for the first time from a
communication derived from the defendant's mental processes during the
course of a competency evaluation or involuntary medication proceeding is
not admissible against the defendant on the issues raised by a plea of not
guilty, or, if the offense occurred before July 1, 1995, a plea of not guilty by
reason of impaired mental condition. Stteh THE evidence may be admissible
at trial to rebut evidence introduced by the defendant of the defendant's
mental condition to show incapacity of the defendartt THE DEFENDANT'S
INCAPACITY to form a culpable mental state; and, in such THAT case, the
evidence may only be considered by the trier of fact as bearing upon the
question of capacity to form a culpable mental state, and the jury shall be
so instructed at the request of either party.
th} (2) Evidence acquired directly or indirectly for the first time
from a communication derived from the defendant's mental processes
during the course of a competency evaluation or involuntary medication
proceeding is admissible at any sentencing hearing held pursuant to section
18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to
section 18-1.3-1302 for an offense charged prior to July 1, 2020, or
PAGE 22-SENATE BILL 26-149
pursuant to section 18-1.4-102 only to prove the existence or absence of any
mitigating factor.
ttj (3) If the defendant testifies on the defendant's own behalf upon
the trial of the issues raised by the plea of not guilty or, for offenses that
occurred before July 1, 1995, a plea of not guilty by reason of impaired
mental condition, or at a sentencing hearing held pursuant to section
18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to
section 18-1.3-1302 for an offense charged prior to July 1, 2020, or
pursuant to section 18-1.4-102, this section does not bar any evidence used
to impeach or rebut the defendant's testimony.
16-8.5-108. General hearing procedures and evidence.
(1) (a) A PARTY MUST REQUEST A COMPETENCY HEARING,
RESTORABILITY HEARING, OR RESTORATION HEARING WITHIN FOURTEEN
DAYS AFTER RECEIVING THE INITIAL OR UPDATED COURT-ORDERED
COMPETENCY EVALUATION REPORT; EXCEPT THAT, IF A PARTY REQUESTS A
SECOND EVALUATION PURSUANT TO SECTION 16-8.5-111, A PARTY MUST
REQUEST THE COMPETENCY HEARING, RESTORABILITY HEARING, OR
RESTORATION HEARING WITHIN FOURTEEN DAYS AFTER RECEIVING THE
SECOND EVALUATION REPORT.
(b) (I) A REQUEST FOR A COMPETENCY HEARING IS GOVERNED BY
SECTION 16-8.5-109.
(II) A REQUEST FOR A RESTORABILITY HEARING IS GOVERNED BY
SECTION 16-8.5-113.
(111) A REQUEST FOR A RESTORATION HEARING IS GOVERNED BY
SECTION 16-8.5-114.
(IV) A REQUEST FORA COMBINED RESTORABILITY AND RESTORATION
HEARING IS GOVERNED BY SECTIONS 16-8.5-113 AND 16-8.5-114.
(c) THE COURT SHALL GIVE THE NONMOVING PARTY AN
OPPORTUNITY TO OBJECT AND SHALL GRANT OR DENY THE REQUEST FOR A
COMPETENCY HEARING, RESTORABILITY HEARING, OR RESTORATION
HEARING IN ACCORDANCE WITH THE APPLICABLE GOVERNING ST A TUTES
WITHIN FOURTEEN DAYS AFTER THE REQUEST.
PAGE 23-SENATE BILL 26-149
( d) THE COMPETENCY HEARING, RESTORABILITY HEARING, OR
RESTORATION HEARING MUST BE HELD WITHIN THIRTY-FIVE DAYS AFTER THE
COURT'S ORDER GRANTING THE REQUEST, UNLESS THE TIME IS EXTENDED BY
THE COURT AFTER A FINDING OF GOOD CAUSE.
(2) (a) [Formerly 16-8.5-110] In any AT A COMPETENCY hearing, at
which the competency ofthe defendant is an issue RESTORABILITY HEARING,
OR RESTORATION HEARING, witnesses not specially trained in psychiatry or
psychology and not testifying as expert witnesses may testify as to the
witness's THEIR observation of the defendant's actions and conduct and as
to conversations that the witness THEY had with the defendant bearing upon
the defendant's mental condition. Any such witnesses, as part of the
witness's THEIR testimony, must be permitted to give opm10ns or
conclusions concerning the competency of the defendant.
(b) [Formerly 16-8.5-109 (3)] The court may examine or
cross-examine any witness WITNESSES called by the defendant or
prosecuting attorney at a competency hearing and may summon and
examine witnesses on the court's own motion.
(3) [Formerly 16-8.5-109 (2)] At a competency hearing,
RESTORABILITY HEARING, OR RESTORATION HEARING, the defendant and the
prosecuting attorney are entitled:
(a) To be present in person;
(b) To examine any reports of the competency evaluation or other
matter to be considered by the court as bearing upon the determination;
(c) To introduce evidence, summon witnesses, cross-examme
opposing witnesses or witnesses called by the court; and
(d) To make opening and closing statements and arguments.
(4) [Formerly 16-8.5-108 (2)] In any AT A COMPETENCY hearing,
concerning competency to prnceed ot t estot ation to competency
RESTORABILITY HEARING, OR RESTORATION HEARING, competency
evaluators and other experts may testify as to the conclusions reached from
their examination of hospital records, laboratory reports, X rays,
electroencephalograms, and psychological test results if the material that the
PAGE 24-SENATE BILL 26-149
COMPETENCY evaluators or experts examined in reaching their conclusions
is produced at the time of the hearing. Nothing in This section prevents
DOES NOT PREVENT the parties from obtaining the information authorized
by PURSUANT TO section 16-8.5-104 prior to the hearing.
(5) [Formerly 16-8.5-114 (3)] Evidence of any determination as to
the defendant's competency, or incompetency RESTORABILITY, OR
RESTORATION is not admissible on the issues raised by a plea of not guilty,
not guilty by reason of insanity, or, for offenses that occurred before July
1, 1995, the affirmative defense of impaired mental condition.
16-8.5-109. Competency hearing - procedure after
determination of competency or incompetency -mandatory dismissal
- refile of charges.
(1) Competency hearing.
(a) IF A PARTY MAKES A TIMELY REQUEST FOR A COMPETENCY
HEARING PURSUANT TO SECTION 16-8.5-108, THE COURT SHALL GRANT THE
REQUEST FOR A COMPETENCY HEARING.
·(b) [Formerly 16-8.5-103 (7)] At any A COMPETENCY hearing, held
pursuant to this section, the party asserting the incompetency of the
defendant shall have HAS the burden of submitting evidence and the burden
of proof by a preponderance of the evidence.
(2) [Formerly 16-8.5-111 (l)] Competent to proceed. If the final
determination made pursuant to section 16-8.5-103 is that the defendant is
competent to proceed, the jttdge COURT shall order that the suspended
proceeding continue or, if a mistrial was declared, shall reset the case for
trial at the earliest possible date.
(3) [Formerly 16-8.5-111 (1.5)] Referral to wraparound care
program or restoration services. If the final determination made pursuant
to section 16-8.5-103 is that the defendant is incompetent to proceed and the
defendant is eligible for referral to the bridges wraparound care program
pursuant to article 8.6 of this title 16, the court may ask the parties whether
the defendant should be referred for participation in the program. With the
agreement of the parties, the court may delay ordering restoration services
for the defendant to allow a bridges wraparound care coordinator to conduct
PAGE 25-SENA TE BILL 26-149
an initial intake of the defendant pursuant to section 16-8.6-108 to
determine whether the bridges wraparound care program is appropriate for
the defendant, or, EXCEPT AS PROVIDED IN SUBSECTION ( 4) OF THIS SECTION,
the court may order restoration services pursuant to ~
section SECTION 16-8.5-110.
(4) [Formerly 16-8.5-111 (1.6)) Mandatory dismissal of certain
charges after finding of incompetency.
ta} THE COURT SHALL DISMISS THE CHARGES AGAINST THE
DEFENDANT if the final determination made pursuant to section 16-8.5-103
is that the defendant is incompetent to proceed and if a defendant's highest
charged offense is a class 2 misdemeanor; a petty offense; a drug
misdemeanor; or a traffic offense, the court shall dismiss the charges
against the defendant unless the district attorney objects prim to the entry
of the order to dismiss and makes a ptima facie showing that the defendant
is a danger to the defendant's self ot others or is gravely disabled and there
is a t easonable belief that the defendant will be certified for treatment and
receive the necessary set vices pmsuant to article 65 oftitle 27 INFRACTION;
A MISDEMEANOR TRAFFIC OFFENSE; AN OFFENSE THAT CONSTITUTES AN
UNCLASSIFIED MISDEMEANOR WITHOUT SPECIFICATION PURSUANT TO
SECTION 18-1.3-504; OR AN OFFENSE THAT CONSTITUTES A DENOMINATED
MISDEMEANORANDNOPENALTYISFIXEDINSTATUTEPURSUANTTOSECTION
18-1.3-505, BUT NOT A MISDEMEANOR PURSUANT TO PART 13 OF ARTICLE4
OF TITLE 42 OR ANY OFFENSE CHARGED PURSUANT TO SECTION 42-4-1402
(2)(c).
(b) If the distt ict attorney makes the prima fa:cie showing pm suant
to subsection (1.6)(a) of this section, the court shall proceed pmsuant to
subsection (3) of this section or section 16-8.5-116.5 (7) and, upon
completion of the certification process, the court shall dismiss the charges
against the defendant:
(c) If the court does not t efet the defendant for cet tification pm suant
to subsection (3) of this section 01 section 16-8.5-116.5 (7), the court may
t efet the defendant to v oluntat ily participate and t eceiv e set vices in the
court liaison program pmsuant to article 95 of title 13.
16-8.5-110. Restoration services -inpatient and outpatient.
PAGE 26-SENATE BILL 26-149
(1) [Formerly 16-8.5-111 (2)] Order for restoration services. If
the final determination made pursuant to section 16-8.5-103 is that the
defendant is incompetent to proceed, and UNLESS the court finds there is
substantial prnbability that AFTER A RESTORABILITY HEARING HELD
PURSUANT TO SECTION 16-8.5-113 THAT the defendant with restoration
senices, will attain competency in the reasonably foreseeable ftttme IS
UNRESTORABLE, the court has the following requirements and options:
(a) If the defendant is out of custody or will be released soon, the
court shall order the restoration services take place on an outpatient basis,
unless the recommendation from the department CDHS is that inpatient
restoration services are clinically appropriate, and:
(I) The court shall order that the defendant participate in restoration
services as a condition of any bond;
(II) The court may appoint a bridges court liaison HIRED OR
CONTRACTED PURSUANT TO ARTICLE 95 OF TITLE 13 or may order that the
defendant cooperate with pretrial services, if available, and the court may
order pretrial services or a bridges court liaison, or both, to work with the
defendant, the department CDHS, and the restoration services provider
under contract with the department CDHS to assist in securing appropriate
support and care management services for the defendant, which may
include housing resources; and
(III) The court shall conduct a nonappearance review fourteen days
after the defendant's release from custody to ensure the defendant has been
released. If the defendant is not released by the date of the nonappearance
review, the court shall set a hearing to determine whether the defendant will
be released or to enter an order pursuant to subsection (2)(c) SUBSECTION
(l)(c) of this section.
(b) If the court determines the defendant is incompetent to prnceed
and DEFENDANT is in-custody on a CLASS 1 misdemeanor, petty offense, or
traffic offense A MISDEMEANOR DESCRIBED IN PART 13 OF ARTICLE 4 OF
TITLE42,ORANOFFENSECHARGEDPURSUANTTOSECTION42-4-1402(2)(c),
the court must SHALL set a hearing on bond within seven days after the
court's final determination that the defendant is incompetent to proceed. At
the bond hearing, there is a presumption that the court shalt order a personal
recognizance bond and enter an order for restoration services pursuant to
PAGE 27-SENATE BILL 26-149
subseetion (2)(a) SUBSECTION (l)(a) of this section. In order to deny the
defendant a personal recognizance bond and enter an order to commit the
defendant for inpatient restoration services pursuant to subsection (2)(c)
SUBSECTION (l)(c) of this section, the court shaH MUST make findings of
fact that extraordinary circumstances exist to overcome the presumption of
release by clear and convincing evidence. If the court denies a personal
recognizance bond, the court must SHALL notify the department CDHS of
the specific findings the court made to deny the personal recognizance
bond. The judicial department shall develop a form for a court to use to
notify the department CDHS of the court's findings that are required by this
subsection (2)(b) SUBSECTION ( 1 )(b ).
( c) If the court finds that the defendant is not eligible for release
from custody or not able to post the monetary condition of bond, or the
court approves a recommendation from the department CDHS that inpatient
restoration services are clinically appropriate, the court shall commit the
defendant to the custody of the department CDHS and order inpatient
restoration services.
(2) [Formerly 16-8.5-111 (7)] Outpatient restoration services.
(a) If the defendant is out of custody and the court has ordered
OUTPATIENT restoration services pursuant to subsection (2)(a) SUBSECTION
(l)(a) of this section:
(I) Pursuant to section 27-60-105, the department CDHS is the entity
responsible for the coordination of all competency restoration services,
including the oversight of restoration education; AND
(II) The restoration services provider under contract with the
department CDHS shall notify the court, the department CDHS, the bridges
court liaison, and any other designated agency within twenty-one days after
the court's order if restoration services have not started and include a
description of the efforts that have been made to engage the defendant in
services. and
(Ill) If the department determines that the department is mtable,
within a I easonable time, to provide I esto:r ation set vices on an outpatient
basis, the department shall notify the court within fourteen days after the
department's determination, at which point the court shall review the case
PAGE 28-SENATE BILL 26-149
and determine what interim mental health scr vices the department or a
community prov idcr can prov idc to the defendant. If a br idgc~ court liaison
is appointed, the department shall r cport to the br idgcs court liaison c v cry
twenty-eight days concerning the availability of restoration scr vices on an
outpatient basis to the defendant.
(b) If, in the process of coordinating outpatient restoration services
for a defendant, the department CDHS determines that the defendant meets
the standard for a certification for short-tctm ttcatmcnt pmsuant to section
27-65-108.5 and that initiating a petition fot an outpatient certification is
appropriate, the department CRITERIA FOR THE INITIATION OF A CIVIL
PROCEEDING, CDHS may request, in writing, that the court tcfer the matter
for filing of a petition for short-term ttcatmcnt pmsuant to 27-65-108.5 in
a court with jurisdiction and authoti:zc the department to file the petition.
Aftct tccciving a wtittcn tcqucst, the court shall hear and considet any
objections ftonr the defendant ptiot to mling on the tequest ORDER THE
INITIATION OF A CIVIL PROCEEDING PURSUANT TO SECTION 16-8.5-117.
( c) If the department CDHS determines that the department IT is
unable, within a reasonable time, to provide restoration services on an
outpatient basis, the department CDHS shall notify the court within fourteen
days after the department's ITS determination, at which point the court shall
review the case and determine what interim mental health services the
department CDHS or a community provider can provide to the defendant.
If a bridges court liaison is appointed, the department CDHS shall report to
the bridges court liaison every twenty-eight days concerning the availability
of restoration services on an outpatient basis to the defendant.
(3) [Formerly 16-8.5-111 (8)] Inpatient restoration services.
(a) If the court commits the defendant to the custody of the
department CDHS and orders inpatient restoration services:
(I) The executive director shall designate a state facility or facilities
where the defendant is held for care and psychiatric treatment and receives
restoration services, and THE EXECUTIVE DIRECTOR may EFFECTUATE THE
DEFENDANT'S transfer the defendant from one facility to another if, in the
opinion of the EXECUTIVE director, doing so is in the best interest of proper
care, custody, and treatment of the defendant or the protection of the public
or the persom1el of the facilities in question. The department CDHS shall
PAGE 29-SENATE BILL 26-149
provide restoration services at an appropriate inpatient program. The
department CDHS shall notify the court, the bridges com1 liaison, the
prosecuting attorney, and the defense attorney when the defendant is placed
or moved to a different program.
(II) The department CDHS shall admit tier 1 defendants for
INPATIENT restoration services within seven days after receipt of the court
order and collateral materials;
(111) The department CDHS shall admit tier 2 defendants for
INPATIENT restoration services within twenty-eight days after receipt of the
court order and collateral materials and shall advise the court and the
bridges court liaison, if applicable, every twenty-eight days after the initial
twenty-eight-day period regarding the availability of an inpatient bed and
when admission will be offered to the defendant.
(b) If a defendant is receiving inpatient restoration services and the
executive director concludes that:
(I) A less-restrictive facility would be more clinically appropriate,
the executive director, with proper notice to the com1 and consistent with
the provisions of part 3 of article 4.1 of title 24, may move the defendant to
a less-restrictive facility if, in the executive director's opinion, the defendant
is not yet restored to competency but could be properly restored to
competency in a less-restrictive facility. If the defendant is not released
from custody, the court shall order the department CDHS to provide
inpatient RESTORATION services at a location determined by the department
CDHS.
(II) Outpatient restoration services would be more clinically
appropriate, the department CDHS shall
~ notify the court; and request that the defendant be considered for
release on a nonmonetary bond if the defendant is not currently released on
bond;and
tBJ provide to the eourt information TO THE COURT regarding the
appropriate outpatient restoration services, developed in conjunction with
the bridges court liaison, when assigned, and the reasons why the defendant
could be properly restored to competency on an outpatient basis.
PAGE 30-SENATE BILL 26-149
( c) If the defendant posts bond or the court orders outpatient
restoration services in lieu of continued inpatient RESTORATION services, or
if the department CDHS believes that the defendant is restored to
competency and the defendant is to be released to the community rather
than jail upon discharge, the department CDHS shall:
(I) Assist the defendant with any necessary transportation;
(II) Provide the necessary case and medication information for the
defendant to the bridges court liaison and the community agency that will
provide continued restoration, if applicable, or services;
(III) Notify the court and the bridges court liaison that the defendant
was released and the defendant's community bond status; and
(IV) Coordinate with the court; pretrial services, if applicable; and
the bridges court liaison to ensure the defendant receives written notice of
the defendant's next court appearance and bond conditions.
( d) If the defendant is discharged from the department's CDHS's
custody after receiving inpatient restoration services and the defendant is to
be returned to the custody of the county jail, the department CDHS shall:
(I) Notify the sheriff of the jurisdiction where the defendant is to be
returned;
(II) Notify the court and the bridges court liaison that the department
CDHS is returning the defendant to the custody of the county jail; and
(III) Work with the sheriff, the bridges court liaison, and any
behavioral health providers in the county jail to ensure that the county jail
has the necessary information to prevent any decompensation by the
defendant while the defendant is in the county jail, which must include
medication information when clinically appropriate.
16-8.5-111. Second evaluation.
( 1) [Formerly 16-8.5-106 (1)] If a defendant wishes to be examined
by a competency evaluator of his or her THE DEFENDANT'S own choice in
connection with any proceeding under this article ARTICLE 8.5, the court,
PAGE 31-SENATE BILL 26-149
upon timely motion, shall 01 de1 that ENTER ANY ORDERS NECESSARY FOR the
competency evaluator chosen by the defendant TO be given reasonable
opportunity to conduct the A second evaluation. in aeeor dance with sections
16-8.5-103 and 16-8.5-111.
(2) EITHER PARTY HAS THE RIGHT TO REQUEST A SECOND
EVALUATION WITHIN FOURTEEN DAYS AFTER RECEIVING THE INITIAL OR
UPDATED COURT-ORDERED COMPETENCY EVALUATION REPORT, AND THE
COURT SHALL GRANT THE REQUEST. THE SECOND EV ALU A TI ON REPORT MUST
INCLUDE THE COMPETENCY EVALUATOR'S OPINION, IF APPLICABLE,
REGARDING:
(a) WHETHER THE DEFENDANT IS COMPETENT TO PROCEED OR
INCOMPETENT TO PROCEED;
(b) WHETHER THE DEFENDANT IS RESTORABLE; AND
(c) IF THE DEFENDANT IS RECEIVING RESTORATION SERVICES,
WHETHER THE DEFENDANT HAS BEEN RESTORED TO COMPETENCY.
(3) IF A RESTORATION HEARING IS COMBINED WITH A RESTORABILITY
HEARING, EITHER PARTY MAY REQUEST A SECOND EVALUATION THAT
ADDRESSES BOTH RESTORATION AND RESTORABILITY RATHER THAN A
SECOND EVALUATION FOR EACH ISSUE.
(4) [Formerly 16-8.5-103 (4)] If a party requests a second
evaluation, THE COURT SHALL CONTINUE any pending requests for a hearing
must be continued until the receipt of the second evaluation report. The
COMPETENCY EVALUATOR SHALL COMPLETE AND FILE THE report of the
expert conducting the second evaluation must be completed and filed with
the court within thirty-five days after the court order allowing the second
evaluation, unless the time period is extended by the court for good cause.
The court shall provide the second evaluation to CDHS AND the parties. and
the department. The department CDHS shall use the second evaluation to
ensure that the department CDHS complies with its responsibilities,
including reviewing and summarizing prior competency opinions as
requited by section 16-8.5-105 (5)(f) MADE PURSUANT TO SECTION
16-8.5-105 (5)(d)(I)(A). If the COURT REQUESTS THE second evaluation, is
1 equestcd by the coort; it must be paid for by the court.
PAGE 32-SENATE BILL 26-149
(5) [Formerly 16-8.5-107] In all proceedings brought pu1suant to
this article 8.5, the court shall appoint a competency evaluatot ot an
atto1 ney fut the defendant at the state's expense upon motion of the
defendant with proof that the defendant is indigent and without money to
employ a competency evaluato1 ot atto1ney to which the defendant is
entitled putsuant to this article 8.5. The court shall pay for a second
evaluation if a second evaluation is requested by an indigent defendant.
(6) ONCE THE COURT RECEIVES THE SECOND EVALUATION REPORT,
EITHER PARTY HAS THE RIGHT TO REQUEST A COMPETENCY HEARING,
RESTORABILITY HEARING, OR RESTORATION HEARING, AS APPLICABLE,
PURSUANT TO SECTION 16-8.5-108 (1).
16-8.5-112. [Formerly 16-8.5-116] Review hearing to determine
competency - report.
( 1) Repealed/(Deleted by amendment, L. 2024).
(2) (a) (1) (a) Within ninety-one days after the entry of the court's
order of commitment or order to receive outpatient restoration SERVICES,
the court shall SET A HEARING TO review the case of a defendant who has
been determined to be incompetent to proceed with regard to the pr ob ability
that WHETHER the defendant will be restored to competency within the
1casonably foreseeable future IS RESTORABLE OR UNRESTORABLE and with
regard to the justification for certification, confinement, or continued
restoration treatment SERVICES. The review HEARING may be held in
conjunction with a RESTORABILITY HEARING HELD PURSUANT TO SECTION
16-8.5-113 OR A restoration hearing held pursuant to section 16-8.5-113
SECTION 16-8.5-114. However, if at the review hearing there is a request by
the defendant for a restoration hearing pursuant to section 16-8.5-113
SECTION 16-8.5-114, the court shall set the restoration hearing within
thirty-five days after the request pursuant to the provisions of section
16-8.5-113 SECTION 16-8.5-114.
(b) At least ten days before each review HEARING, the individual or
entity e Valuating the defendant COMPETENCY EVALUATOR shall provide the
court with a report describing THAT INCLUDES:
(I) An THE COMPETENCY EVALUATOR'S opinion regarding the
defendant's competency;
PAGE 33-SENATE BILL 26-149
(II) IF THE COMPETENCY EVALUATOR OPINES THAT THE DEFENDANT
REMAINS INCOMPETENT, whether there is a substantial prnbability that the
defendant will be 1est01ed to competency within the reasonably f-o1eseeable
future IS RESTORABLE OR UNRESTORABLE;
(III) IF THE COMPETENCY EV ALU ATOR OPINES THAT THE DEFENDANT
IS RESTORABLE, whether there is a substantial probability that the defendant
will be restored to competency within the time periods established by this
section IN SECTION 16-8.5-116;
(IV) Whether the defendant meets the criteria for an emergency
mental health hold pursuant to section 27-65-106;
(IV.3) Whether the defendant meets the cdteda fut a certification
fut short-term treatment pmsuant te, section 27-65-108.5 01 27-65-109 and,
if the defendant meets such ct ite1 ia, whether the e v aluato1 believes the
defendant could be treated on an outpatient basis pursuant to section
27-65-111. In assessing whether a defendant with a pending criminal charge
is a danger to self 01 others 01 is gravely disabled, if the person is
inca1ce1ated, the evaluator shall not rely on the fact that the defendant is
incai cerated 01 is an inpatient in a medical facility to establish the defendant
is not a danger to self 01 others 01 is not gravely disabled.
(IV.5) Whether the defendant has an intellectual and developniental
disability, as defined in section 25 .5-10-202, and if the defendant does ha~e
such a disability, whether the defendant may be eligible fut any additional
set vices pmsuant to article 10 of title 25.5 01 article 10.5 of title 27.
(V) WHETHER THE DEFENDANT MEETS THE CRITERIA FOR
CERTIFICATION FOR SHORT-TERM TREATMENT PURSUANT TO SECTION
27-65-108.5, 27-65-109, OR 27-65-109.5 AND, IF THE DEFENDANT MEETS
THE CRITERIA, WHETHER THE COMPETENCY EVALUATOR BELIEVES THE
DEFENDANT COULD BE TREATED ON AN OUTPATIENT BASIS PURSUANT TO
SECTION 27-65-111. IF THE DEFENDANT IS INCARCERATED OR IS INPATIENT
IN A MEDICAL FACILITY AND HAS A PENDING CRIMINAL CHARGE, IN
ASSESSING WHETHER THE DEFENDANT IS A DANGER TO THE DEFENDANT'S
SELF, A DANGER TO OTHERS, OR GRAVELY DISABLED, AS THOSE TERMS ARE
DEFINED IN SECTION 27-65-102, THE COURT, COMPETENCY EVALUATOR, OR
PROFESSIONAL PERSON, AS DEFINED IN SECTION 27-65-102, SHALL NOT RELY
ON THE FACT THAT THE DEFENDANT IS INCARCERATED OR IS INPATIENT IN A
PAGE 34-SENATE BILL 26-149
MEDICAL FACILITY TO EST AB LISH THAT THE DEFENDANT IS NOT A DANGER
TO THE DEFENDANT'S SELF, A DANGER TO OTHERS, OR GRAVELY DISABLED.
IF IT IS THE COMPETENCY EVALUATOR'S OPINION THAT THE DEFENDANT
MEETS CRITERIA FOR CERTIFICATION FOR SHORT-TERM TREATMENT
PURSUANT TO SECTION 27-65-108.5, 27-65-109, OR 27-65-109.5, THE
COMPETENCY EV ALU ATOR IS NOT REQUIRED TO REQUEST A PETITION FOR
CERTIFICATION FOR SHORT-TERM TREATMENT OF THE DEFENDANT.
(VI) WHETHER THE DEFENDANT HAS A DEVELOPMENT AL DISABILITY,
AND IF THE DEFENDANT DOES HA VE A DEVELOPMENT AL DISABILITY,
WHETHER THE DEFENDANT ALSO HAS A MENTAL HEAL TH DISORDER, AS
DEFINED IN SECTION 27-65-102, AND WHETHER THE DEFENDANT MAY BE
ELIGIBLEFORANY ADDITIONALSERVICESPURSUANTTOARTICLE 10OFTITLE
25.5 OR ARTICLE 10.5 OF TITLE 27, OR MAY MEET THE CRITERIA FORA CIVIL
PROCEEDING FOR IMPOSITION OF A LEGAL DISABILITY OR REMOVAL OF A
LEGAL RIGHT PURSUANT TO SECTION 25.5-10-216. IF THE COMPETENCY
EVALUATOR'S OPINION IS THAT THE DEFENDANT MAY MEET THE CRITERIA,
THE COMPETENCY EVALUATOR IS NOT REQUIRED TO PETITION THE COURT
FOR IMPOSITION OF A LEGAL DISABILITY OR REMOVAL OF A LEGAL RIGHT.
(VII) WHETHER THE DEFENDANT HAS A NEUROCOGNITIVE DISORDER,
AS DEFINED IN SECTION 25.5-10-501, AND, IF THE DEFENDANT DOES HAVE A
NEUROCOGNITIVE DISORDER, WHETHER THE DEFENDANT MAY MEET THE
CRITERIAFORPROTECTIVEPLACEMENTPURSUANTTOSECTION25.5-10-502.
IF THE OPINION IS THAT THE DEFENDANT MAY MEET THE CRITERIA FOR
PROTECTIVE PLACEMENT, THE COMPETENCY EVALUATOR IS NOT REQUIRED
TO PETITION THE COURT FOR PROTECTIVE PLACEMENT.
M (VIII) A DESCRIPTION OF any and all efforts made for restoration
through medication, therapy, education, or other services and the outcome
of those efforts in relation to restoring the defendant to competency;
(VI) Repealed.
tVffl (IX) If the defendant has failed to cooperate with treatment
RESTORATION SERVICES, whether the incompetency and mental DISABILITY
or intellectual and developmental disability contributes to IS THE PRIMARY
REASON FOR the defendant's refusal or inability to cooperate with restoration
0t ptevents the ability of the defendant to cooperate with testorntion,
SERVICES; and
PAGE 35-SENATE BILL 26-149
(VIII) (X) A summary of the observations of the defendant by the
treating TREATMENT staff at the facility or other location where inpatient
RESTORATION services were delivered.
( c) At least ten days before each review HEARING, the department
treating CDHS TREATMENT team shall provide to the court an additional
report that summarizes:
(I) What restorative education has SERVICES HA VE been provided TO
THE DEFENDANT and the frequency of that THE education SERVICES;
(II) What medication has been administered TO THE DEFENDANT,
including voluntary or involuntary medications;
(III) What release plans have been made for the defendant after
release, including a discussion of the support from THE DEFENDANT'S family
members;
(IV) Whether or not the defendant would agree to voluntary
admission to the hospital for certification pursuant to article 65 of title 27;
(V) The opinion of the tr eating TREATMENT team on the defendant's
mental health functioning and ability to function on an outpatient basis for
restoration services; and
(VI) IF THE DEFENDANT IS CONTINUING TO RECEIVE INPATIENT
RESTORATION SERVICES, whether the defendant, based on observations of
the defendant's behavior in the facility, presents a substantial risk to the
physical safety of the defendant's self, of another person, or of the
community if released for community restoration SERVICES; AND
(VII) Repealed. WHETHER THE DEFENDANT POSES A SUBSTANTIAL
RISK OF SERIOUS HARM TO OTHERS, AS DEFINED IN SECTION 27-65-102, IF:
(A) THE DEFENDANT IS CHARGED WITH HOMICIDE PURSUANT TO
PART 1 OF ARTICLE 3 OF TITLE 18; A CRIME OF VIOLENCE, AS DEFINED IN
SECTION 18-1.3-406 (2); OR A FELONY THAT CONSTITUTES UNLAWFUL
SEXUAL BEi-iA VIOR, AS DEFINED IN SECTION 16-22-102; OR
(B) THE PROSECUTION REQUESTED AN OPINION REGARDING
PAGE 36-SENATE BILL 26-149
WHETHER THE DEFENDANT POSES A SUBSTANTIAL RISK OF SERIOUS HARM TO
OTHERS BECAUSE THE PROSECUTION IS A WARE OF AN ACT DESCRIBED IN
SECTION 16-8.5-118 (6)(b)(I) THAT IS NOT CHARGED IN THE CURRENT CASE
THE DEFENDANT IS ALLEGED TO HA VE COMMITTED AND IS OR WAS CHARGED
IN A CRIMINAL CASE IN COLORADO IN WHICH COMPETENCY WAS RAISED. IF
THE PROSECUTION REQUESTS AN OPINION PURSUANT TO THIS SUBSECTION
(l)(c)(VIl)(B), THE PROSECUTION SHALL DISCLOSE THE UNCHARGED ACTS
TO THE DEFENDANT.
ffl (2) After the initial review HEARING CONDUCTED pursuant to
subsection (2)(a) SUBSECTION (l)(a) of this section, the court shall review
the case of the defendant every ninety-one days. At least ten days before
each review, the indi\Jidual or entity evaluating the defendant COMPETENCY
EVALUATOR shall provide the court with an updated COMPETENCY
EVALUATION report as described in subsection (2)(b) SUBSECTION ( 1 )(b) of
this section and the treatment staff shall provide an updated summary of
observations as described in subsection (2)(c) SUBSECTION (l)(c) of this
section.
(4) Repealed.
t5} (3) The court shall forward a copy of each report and summary
received pursuant to subsections (2) and (3) SUBSECTIONS ( 1) AND (2) of this
section to the county attorney or district attorney required to conduct
proceedings pursuant to section 27-65-113 (6) SECTION 27-65-113 .5 for the
county in which the case is pending and, when a bridges court liaison is
appointed, to the bridges court liaison.
(6) to (15) Repealed.
16-8.5-113. Restorability hearing - burdens of proof -
determination -dismissal.
(1) (a) THE COURT MAY, UPON MOTION OF A PARTY AND UPON A
SHOWING OF GOOD CAUSE, SET A RESTORABILITY HEARING WITHIN THE TIME
FRAME SET FORTH IN SECTION 16-8.5-108 (l)(d).
(b) IF THE FINAL DETERMINATION MADE PURSUANT TO SECTION
16-8.5-103 IS THAT THE DEFENDANT IS INCOMPETENT TO PROCEED AND A
COMPETENCY EVALUATOR OPINES THAT THE DEFENDANT IS UNRESTORABLE,
PAGE 37-SENATE BILL 26-149
AND EITHER A RESTORABILITY HEARING HAS NOT BEEN HELD OR ONE
HUNDRED EIGHTY-TWO DAYS HAVE PASSED SINCE THE DEFENDANT BEGAN
RECEIVING RESTORATION SERVICES AFTER A FINDING OF RESTORABILITY, THE
COURT SHALL, UPON MOTION OF A PARTY, SET A RESTORABILITY HEARING
WITHIN THE TIME FRAME SET FORTH IN SECTION 16-8.5-108 (l)(d). A
RESTORABILITY HEARING MAY BE COMBINED WITH A RESTORATION HEARING,
IF APPROPRIATE.
(c) IFTHECOURTRECEIVESTHECOMPETENCYEVALUATOR'SOPINION
THAT THE DEFENDANT IS UNRESTORABLE PRIOR TO ENTERING AN INITIAL
ORDER FOR RESTORATION SERVICES, THE COURT SHALL SET A
RESTORABILITY HEARING WITHIN THIRTY-FIVE DAYS AFTER RECEIVING THE
OPINION UNLESS THE TIME IS EXTENDED BY THE COURT AFTER A FINDING OF
GOOD CAUSE.
(2) AT ANY RESTORABILITY HEARING CONDUCTED PURSUANT TO THIS
SECTION:
(a) THE DEFENDANT HAS THE BURDEN OF PROVING BY A
PREPONDERANCE OF THE EVIDENCE THAT THE DEFENDANT IS UN RESTO RAB LE
IF ANY CHARGE IN ANY OF THE DEFENDANT'S PENDING CRIMINAL CASES IN
THE ST ATE OF COLORADO INCLUDE A CRIME SUBJECT TO THE "VICTIM
RIGHTS ACT", SECTION 24-4.1-302 (1); UNLAWFUL SEXUAL CONTACT, AS
DESCRIBED IN SECTION 18-3-404; OR INDECENT EXPOSURE, AS DESCRIBED IN
SECTION 18-7-302; AND
(b) THE PROSECUTION HAS THE BURDEN OF PROVING BY A
PREPONDERANCE OF THE EVIDENCE THAT THE DEFENDANT IS RESTORABLE
IF THE DEFENDANT DOES NOT HA VE A PENDING CRIMINAL CASE IN THE STATE
OF COLORADO THAT INCLUDES A CHARGE OF A CRIME SUBJECT TO THE
"VICTIM RIGHTS ACT", SECTION 24-4.1-302 (l); UNLAWFUL SEXUAL
CONTACT, AS DESCRIBED IN SECTION 18-3-404; OR INDECENT EXPOSURE, AS
DESCRIBED IN SECTION 18-7-302.
(3) WHEN DETERMINING WHETHER THE DEFENDANT IS RESTORABLE
OR UNRESTORABLE, THE COURT SHALL CONSIDER ALL RELEVANT
INFORMATION, INCLUDING, BUT NOT LIMITED TO:
(a) ANY DIAGNOSED MENTAL DISORDER OR DEVELOPMENTAL
DISABILITY GIVING RISE TO THE DEFENDANT'S INCOMPETENCY, INCLUDING
PAGE 38-SENATE BILL 26-149
AN INTELLECTUAL AND DEVELOPMENT AL DISABILITY, AS DEFINED IN
SECTION 25.5-10-202, OR NEUROCOGNITIVE DISORDER, AS DEFINED IN
SECTION 25 .5-10-501, AND WHETHER THE DIAGNOSED MENTAL DISORDER OR
DEVELOPMENT AL DISABILITY CAN BE TREATED, MITIGATED, OR MANAGED IN
A WAY THAT WOULD ALLOW THE DEFENDANT TO PROGRESS TOWARD
BECOMING COMPETENT TO PROCEED;
(b) THE NATURE AND SEVERITY OF THE DEFENDANT'S INCOMPETENCY
AND WHETHER THE DEFENDANT'S LEVEL OF COMPETENCY CAN BE IMPROVED
THROUGH ANY SERVICES THE COURT MAY LAWFULLY ORDER, INCLUDING
SERVICES THAT ARE IN ADDITION TO RESTORATION SERVICES;
( c) THE EXPERIENCES, OBSERVATIONS, AND OPINIONS OF QUALIFIED
EXPERTS, INCLUDING MEDICAL PROFESSIONALS, TREATMENT PROVIDERS,
AND RESTORATION SPECIALISTS;
(d) THE EXPERIENCES, OBSERVATIONS, AND OPINIONS OF LAY
PERSONS WHO ARE FAMILIAR WITH THE DEFENDANT, INCLUDING FAMILY
MEMBERS, FRIENDS, ASSOCIATES, AND ANY OTHER INDIVIDUAL WITH WHOM
THE DEFENDANT HAS HAD SIGNIFICANT INTERACTIONS;
(e) THE DEFENDANT'S MEDICAL HISTORY, CRIMINAL HISTORY,
COMPETENCY AND RESTORATION HISTORY, AND CIVIL COMMITMENT
HISTORY;
(t) THE FACTS AND CONTEXT OF CURRENT AND PAST CHARGES
AGAINST THE DEFENDANT AS EVIDENCED BY POLICE REPORTS, VIDEO OR
AUDIO RECORDINGS, PHYSICAL EVIDENCE, WITNESS OR VICTIM STATEMENTS,
AND ANY OTHER RELIABLE SOURCES;
(g) ANY RELEVANT STATEMENTS MADE BY THE DEFENDANT DURING
THE RESTORATION PROCESS; OR
(h) THE DEFENDANT'S LEVEL OF EFFORT AND ENGAGEMENT,
INCLUDING ANY VOLITIONAL LACK OF COOPERATION OR UNWILLINGNESS TO
PARTICIPATE.
(4) (a) AT THE CONCLUSION OF A RESTORABILITY HEARING SET
PURSUANT TO THIS SECTION:
PAGE 39-SENATE BILL 26-149
(I) IF THE COURT FINDS THAT THE DEFENDANT HAS NOT MET THE
BURDEN OF PROVING THE DEFENDANT IS UNRESTORABLE PURSUANT TO
SUBSECTION (2)(a) OF THIS SECTION, THE COURT SHALL FIND THE
DEFENDANTRESTORABLEANDORDERAPPROPRIATERESTORATIONSERVICES
AND SET A REVIEW HEARING PURSUANT TO SECTION 16-8.5-112.
(II) IF THE COURT FINDS THAT THE DEFENDANT HAS MET THE
BURDEN OF PROVING THEY ARE UNRESTORABLE PURSUANT TO SUBSECTION
(2)(a) OF THIS SECTION, THE COURT SHALL FIND THE DEFENDANT
UNRESTORABLE.
(Ill) IF THE COURT FINDS THAT THE PROSECUTION HAS NOT MET THE
BURDEN OF PROVING THE DEFENDANT IS RESTORABLE PURSUANT TO
SUBSECTION (2)(b) OF THIS SECTION, THE COURT SHALL FIND THE
DEFENDANT UNRESTORABLE.
(IV) IF THE COURT FINDS THAT THE PROSECUTION HAS MET THE
BURDEN OF PROVING THE DEFENDANT IS RESTORABLE PURSUANT TO
SUBSECTION (2)(b) OF THIS SECTION, THE COURT SHALL FIND THE
DEFENDANT RESTO RAB LE AND ORDERAPPROPRIA TE RESTORATION SERVICES
AND SET A REVIEW HEARING PURSUANT TO SECTION 16-8.5-112.
(b) IF THE COURT FINDS THE DEFENDANT IS UNRESTORABLE
PURSUANT TO SUBSECTION (4)(a)(II) OR (4)(a)(III) OF THIS SECTION, THE
COURT SHALL ORDER THE DISMISSAL OF THE CRIMINAL PROCEEDINGS
AGAINST THE DEFENDANT AND STAY THE ORDER AND PROCEED IN
ACCORDANCE WITH SECTION 16-8.5-117, UNLESS THE PROSECUTION
REQUESTS A CIVIL COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT, IN
WHICH CASE THE COURT SHALL PROCEED IN ACCORDANCE WITH SECTION
16-8.5-118.
(5) [Formerly 16-8.5-111 (6)(a)] (a) Nothing in This article 8.5
pt ohibits DOES NOT PROHIBIT the court from finding that the defendant is
restorable to competency in the 1easonably fu1eseeable futu1e based on the
defendant's volitional lack of cooperation or unwillingness to participate in
restoration services and t1eatment if THE COURT FINDS THAT the defendant
could be 1esto1ed to competency in the 1easonably fu1eseeable futu1e
RESTORABLE if the defendant cooperated and participated in the restoration
services. and t1eatment.
PAGE 40-SENATE BILL 26-149
16-8.5-114. Restoration hearing - burdens of proof -
determination.
(1) (a) [Formerly 16-8.5-113 (1)) The court may, <mier UPON A
MOTION OF A PARTY AND UPON A SHOWING OF GOOD CAUSE, SET a
restoration hearing at any titne on its own motion, on motion of the
prosecuting attotney, 01 on motion of the defendant, except that the court
shall order a restoration hearing when required pursuant to section
16-8.5-111 (4)(a) OI (4)(b) WITHIN THE TIME FRAME SET FORTH IN SECTION
16-8.5-108 (l)(d). FOR THE PURPOSES OF THIS SUBSECTION (l)(a), GOOD
CAUSE INCLUDES IF A DEFENDANT IS APPROACHING THE MAXIMUM TIME
PERMITTEDTORESTORETHEDEFENDANTPURSUANTTOSECTION 16-8.5-116.
A RESTORATION HEARING MAY BE COMBINED WITH A RESTORABILITY
HEARING, IF APPROPRIATE.
(b) THE COURT SHALL SET A RESTORATION HEARING WITHIN THE
TIME FRAME SET FORTH IN SECTION 16-8.5-108 (l)(d) UPON MOTION OF A
PARTY IF:
(I) THE COURT HAS ORDERED CDHS TO PROVIDE AN INCOMPETENT
DEFENDANT RESTORATION SERVICES PURSUANT TO SECTION 16-8.5-110 AND
THE DEFENDANT IS RECEIVING RESTORATION SERVICES;
(11) THE COURT RECEIVES A COMPETENCY EVALUATOR'S OPINION
THAT THE DEFENDANT IS COMPETENT TO PROCEED; AND
(111) A RESTORATION HEARING HAS NOT BEEN HELD OR ONE
HUNDRED EIGHTY-TWO DAYS HAVE PASSED AFTER A FINDING AT A
RESTORATION HEARING THAT THE DEFENDANT REMAINS INCOMPETENT TO
PROCEED AND THE DEFENDANT HAS CONTINUED TO RECEIVE RESTORATION
SERVICES.
(2) [Formerly 16-8.5-113 (2)) Within fourteen days aftet teceipt of
a report fr om the department 01 othet eourt-appt o v ed competency evaluator
certifying that the defendant is competent to proceed, Either party may
request a RESTORATION hearing or a second evaluation The court shall
detetnrine whether to allow the second evaluation 01 proceed to a heating
on competency. If the second evaluation is requested by the court 01 by an
indigent defendant, the evaluation must be paid fot by the court PURSUANT
TO SECTION 16-8.5-111.
PAGE 41-SENATE BILL 26-149
(3) [Formerly 16-8.5-113 (4)] If neither party requests a
RESTORATION hearing or second evaluation within the time frame set forth
in subsection (2) of this section SECTION 16-8.5-108 (l)(a), the court shall
enter a final determination, based on the information then available to the
court, whether the defendant is 01 is not competent OR INCOMPETENT to
proceed.
(4) [Formerly 16-8.5-113 (6)] At the RESTORATION hearing, the
party asserting that the defendant is competent has the burden of proof by
a preponderance of the evidence and the burden of submitting evidence. At
the RESTORATION hearing, the court shall determine whether the defendant
is restored to competency.
(5) [Formerly 16-8.5-111 (9)] When the department CDHS submits
a report to the court that the department's CDHS's position is that the
defendant is restored to competency, the defendant may be returned to the
custody of the county jail. The sheriff shall return the defendant to the
custody of the county jail within seventy-two hours after receipt of the
department's notice CDHS's REPORT.
16-8.5-115. Procedure after restoration hearing.
(1) [Formerly 16-8.5-114 (l)] If a defendant is found to be restored
to competency after the RESTORATION hearing held pursuant to section
16-8.5-113 SECTION 16-8.5-114, the court shall resume the criminal
proceedings or order the sentence carried out. The court shall credit any
time the defendant spent in confinement while committed pursuant to
section 16-8.5-111 SECTION 16-8.5-110 against any term of imprisonment
imposed after restoration to competency.
(2) [Formerly 16-8.5-114 (2)] If, after the RESTORATION hearing
held pursuant to section 16-8.5-113 SECTION 16-8.5-114, the court
determines that the defendant remains incompetent to proceed, the court
may continue or modify any orders entered at the time of the original
determination ofincompetency and may commit or recommit the defendant
TO CDHS's CUSTODY or enter any new order necessary to facilitate the
defendant's restoration to mental competency, consistent with the
requirements of section 16-8.5-111 SECTION 16-8.5-110.
16-8.5-116. Dismissal of charges after reaching maximum time
PAGE 42-SENATE BILL 26-149
permitted to restore defendant - exceptions - rules.
(1) [Formerly 16-8.5-116.5 (2)) At a review hearing held PURSUANT
TO SECTION 16-8.5-112 concerning the defendant's competency to proceed,
the court shall dismiss the charges against the defendant and release the
defendant from confinement putsuant to subsection (7) of this section if:
(a) The defendant's highest charged offense is a class 1
misdemeanor; ANY MISDEMEANOR THAT CONSTITUTES A FIRST OFFENSE
PURSUANT TO PART 13 OF ARTICLE4 OFTITLE42; oris a level 4 drug felony,
and the defendant has been in the department's CDHS's custody for
restoration services or has been confined in a jail or other detention facility
awaiting transport to the department CDHS for court-ordered restoration for
an aggregate time of six months; and
(b) The court determines, based on available evidence, that the
defendant remains incompetent to proceed.
(2) [Formerly 16-8.5-116.5 (3)) Atareviewhearingheld PURSUANT
TO SECTION 16-8.5-112 concerning the defendant's competency to proceed,
the court shall dismiss the charges against the defendant and release the
defendant from confinement pmsuant to subsection (7) of this section if:
(a) The defendant's highest charged offense is a class 5 or class 6
felony; ANY MISDEMEANOR THAT CONSTITUTES A SECOND OR SUBSEQUENT
OFFENSE PURSUANT TO PART 13 OF ARTICLE 4 OF TITLE 42; ANY OFFENSE
CHARGED PURSUANT TO SECTION 42-4-1402 (2)(c); or a level 3 drug felony
and the defendant has been in the dcpartment1s CDHS's custody for
restoration services or has been confined in a jail or other detention facility
awaiting transport to the department CDHS for com1-ordered restoration for
an aggregate period of one year; and
(b) The court determines, based on available evidence, that the
defendant remains incompetent to proceed.
(3) [Formerly 16-8.5-116.5 (4)) Atareviewhearingheld PURSUANT
TO SECTION 16-8.5-112 concerning the defendant's competency to proceed,
the court shall dismiss the charges against the defendant and release the
defendant from confinement pursuant to subsection (7) of-this section, if:
PAGE 43-SENATE BILL 26-149
(a) The defendant's highest charged offense is a class 4 felony and
the defendant has been in the department's CDHS's custody for restoration
services or has been confined in a jail or other detention facility awaiting
transport to the department CDHS for court-ordered restoration for an
aggregate period of two years; and
(b) The court determines, based on available evidence, that the
defendant remains incompetent to proceed.
(4) [Formerly 16-8.5-116.5 (5)] Subsections (2), (3), and (4)
SUBSECTIONS (1), (2), AND (3) of this section do not apply if the defendant
is charged with a class 1, 2, or 3 felony offense; a sex offense, as defined in
section 18-1.3-1003 (5); a crime of violence, as defined in section
18-1.3-406 (2); or a level 1 or level 2 drug felony.
(5) [Formerly 16-8.5-116.5 (6)] The court shall dismiss the
defendant's case if:
(a) The defendant is found incompetent to proceed;
(b) The charges against the defendant have not been dismissed
pursuant to this section; and
( c) The defendant's presentence confinement credit, including any
time period the defendant was committed for inpatient restoration SERVICES,
or confined in jail or another detention facility awaiting inpatient restoration
services, exceeds the maximum sentence for the defendant's highest charged
offense.
( 6) to ( 15) Repealed. IF THE CONDITIONS ALLOWING THE COURT TO
STAY A DISMISSAL APPLY, THE COURT SHALL STAY A DISMISSAL ORDERED
PURSUANT TO THIS SECTION IN ACCORDANCE WITH SECTION 16-8.5-117 OR
16-8.5-118.
(7) [Formerly 16-8.5-116.5 (13)] When the defendant is charged
with an offense in municipal court and the defendant is found incompetent
to proceed, or when civil commitment proceedings are initiated pursuant to
article 65 of title 27, the municipal court shall dismiss the case.
(8) [Formerly 16-8.5-116.5 (14)] If a defendant is in custody and the
PAGE 44-SENATE BILL 26-149
department CDHS does not comply with the time limits set forth in section
16-8.5-111 the defendant is subject to the time limits set furth in subsections
(2), (3), and (4) of this section SECTION 16-8.5-110, and, based upon the
best available evidence, the defendant will not be admitted to an inpatient
facility to begin restoration SERVICES within the time limits described in the
applicable subsection SUBSECTION ( 1 ), (2), OR (3) OF THIS SECTION, the court
may release the defendant or dismiss the case in lieu of the defendant
remaining in custody on a wait list for restoration services.
(9) [Formerly 16-8.5-116.5 (15)] When a defendant is in custody
and is found incompetent to proceed, at every subsequent review HEARING
of the defendant's case, the court shall make a finding on the record
regarding the expiration of applicable time limits set forth in this section.
(IO) [Formerly 16-8.5-116.5 (16)] If a defendant files a motion
alleging the court is required to dismiss the case because a time limit in this
section has expired, the defendant is entitled to a timely hearing and ruling
on the motion.
16-8.5-117. Initiation of civil proceeding - appointment of
bridges court liaison or guardian -extension -dismissal.
(1) IF THE COURT DETERMINES THERE IS A SUBSTANTIAL
PROBABILITY THAT THE DEFENDANT WILL BE FOUND UNRESTORABLE
PURSUANT TO SECTION 16-8.5-113, THE DEFENDANT WILL REACH THE
MAXIMUM TIME PERMITTED TO RESTORE THE DEFENDANT PURSUANT TO
SECTION 16-8.5-116, OR THE COURT WILL ORDER THE INITIATION OF A CIVIL
PROCEEDING PURSUANT TO THIS SECTION, THE COURT SHALL, UNLESS THE
COURT FINDS THERE IS AN ACCEPTABLE CARE COORDINATION ALTERNATIVE
ALREADY IN PLACE, APPOINT A BRIDGES COURT LIAISON TO PROVIDE
SERVICES AUTHORIZED IN ARTICLE 95 OF TITLE 13, WHICH MAY INCLUDE:
(a) ASSISTING WITH CASE PLANNING AND COORDINATING SERVICES
FOR THE DEFENDANT, INCLUDING COORDINATING WITH GOVERNMENTAL
ENTITIES OR COMMUNITY-BASED ORGANIZATIONS THAT ARE CAPABLE OF
PROVIDING RESOURCES TO THE DEFENDANT;
(b) IF THE DEFENDANT DOES NOT OBJECT, FACILITATING
PSYCHOLOGICAL ASSESSMENTS OF THE DEFENDANT TO HELP DETERMINE
APPROPRIATE LEVELS OF CARE;
PAGE 45-SENATE BILL 26-149
(c) IDENTIFYING AND INFORMING THE COURT AND PARTIES OF
APPROPRIATE LONG-TERM LEVEL OF CARE RECOMMENDATIONS AND
PLACEMENT AVAILABILITY;
( d) PROVIDING THE COURT WITH AN INDIVIDUALIZED RELEASE PLAN
DEVELOPED IN CONJUNCTION WITH ANY NECESSARY COMMUNITY PROVIDERS
AND ASSISTING WITH THE REINTEGRATION OF THE DEFENDANT INTO THE
COMMUNITY WITH APPROPRIATE SERVICES; AND
( e) COORDINATING, AS NEEDED, WITH THE OFFICE OF PUBLIC
GUARDIANSHIP, AN APPOINTED EMERGENCY GUARDIAN, CDHS, HCPF, OR
THE BHA FOR THE PURPOSE OF PROVIDING LONG-TERM CONTINUUM OF CARE
FOR THE DEFENDANT.
(2) (a) EXCEPT WHEN THE CITY AND COUNTY OF DENVER HAS
EXCLUSIVE ORIGINAL JURISDICTION OVER THE APPOINTMENT OF A GUARDIAN
PURSUANT TO SECTION 9 (3) OF ARTICLE VI OF THE STATE CONSTITUTION,
ANY INTERESTED PERSON, INCLUDING THE DEFENDANT'S ATTORNEY, MAY
PETITION THE CRIMINAL COURT FOR THE APPOINTMENT OF AN EMERGENCY
GUARDIAN PURSUANT TO SECTION 15-14-312 BY FILING A PETITION INTO THE
CRIMINAL CASE THAT SATISFIES THE REQUIREMENTS OF SECTION 15-14-312.
(b) IF THE CITY AND COUNTY OF DENVER DOES NOT HA VE EXCLUSIVE
ORIGINAL JURISDICTION OVER THE APPOINTMENT OF A GUARDIAN PURSUANT
TO SECTION 9 (3) OF ARTICLE VI OF THE STATE CONSTITUTION, THE COURT
SHALL HA VE JURISDICTION OVER THE PETITION AND SHALL APPOINT AN
EMERGENCY GUARDIAN TO THE DEFENDANT UPON SATISFACTION OF THE
REQUIREMENTS OF SECTION 15-14-312 AND THIS SUBSECTION (2).
( c) AT THE NEXT SCHEDULED HEARING IN THE PRESENCE OF THE
DEFENDANT FOLLOWING THE FILING OF A PETITION PURSUANT TO SECTION
15-14-312, THECOURTSHALLNOTIFYTHEDEFENDANTTHAT A PETITION FOR
EMERGENCY GUARDIANSHIP HAS BEEN FILED INTO THE CASE PURSUANT TO
SECTION 15-14-312 AND ADVISE THE DEFENDANT OF THE FOLLOWING:
(I) THE AUTHORITY THAT WOULD BE GRANTED TO THE EMERGENCY
GUARDIAN IF THE PETITION IS GRANTED;
(II) THE DEFENDANT'S RIGHT TO CONTEST THE APPOINTMENT OF AN
EMERGENCY GUARDIAN AT A HEARING; AND
PAGE 46-SENATE BILL 26-149
(III) THE DEFENDANT'S RIGHT TO A FREE ATTORNEY IF THE
DEFENDANT CHOOSES TO CONTEST THE APPOINTMENT OF AN EMERGENCY
GUARDIAN.
(d) NOTWITHSTANDING SECTION 15-14-312, THE COURT:
(I) SHALL NOT APPOINT AN ATTORNEY TO REPRESENT THE
DEFENDANT FOR THE PURPOSE OF CONTESTING THE APPOINTMENT OF AN
EMERGENCY GUARDIAN UNLESS THE DEFENDANT WISHES TO CONTEST THE
APPOINTMENT AND HAS NOT RETAINED AN ATTORNEY FOR THAT PURPOSE;
AND
(II) IS NOT REQUIRED TO PROVIDE THE DEFENDANT FURTHER NOTICE
OF THE PETITION BEYOND WHAT IS REQUIRED IN THIS SUBSECTION (2).
(e) THE COURT SHALL NOT APPOINT THE OFFICE OF STATE PUBLIC
DEFENDER OR THE OFFICE OF ALTERNATE DEFENSE COUNSEL TO REPRESENT
A CRIMINAL DEFENDANT RELATED TO THE APPOINTMENT OF AN EMERGENCY
GUARDIAN OR A MA TIER RELATED TO GUARDIANSHIP.
(3) THE COURT MAY ENTER LAWFUL ORDERS REQUESTED BY THE
DEFENDANT, THE APPOINTED BRIDGES COURT LIAISON, OR THE APPOINTED
EMERGENCYGUARDIANTOASSISTORFACILITATETHEWORKOFTHEBRIDGES
COURT LIAISON OR THE APPOINTED EMERGENCY GUARDIAN.
(4) (a) IFTHE COURT HAS MADE A FINAL DETERMINATION THAT THE
DEFENDANT IS INCOMPETENT TO PROCEED, THE COURT MAY ORDER THE
COUNTY ATTORNEY TO INITIATE A CIVIL PROCEEDING AGAINST THE
DEFENDANT WHILE THE CRIMINAL PROCEEDINGS AGAINST THE DEFENDANT
ARE ONGOING IF:
(I) A COMPETENCY EVALUATOR OR A PROFESSIONAL PERSON, AS
DEFINED IN SECTION 27-65-102, OR AN INTERVENING PROFESSIONAL, AS
DEFINED IN SECTION 27-65-102, WHO IS ACTING WITHIN THE SCOPE OF THEIR
AUTHORITY AND WHO HAS AN ESTABLISHED TREATMENT RELATIONSHIP WITH
THE DEFENDANT, OPINES THAT THE DEFENDANT MEETS THE CRITERIA FOR
CERTIFICATION FOR SHORT-TERM TREATMENT OR LONG-TERM CARE AND
TREATMENT PURSUANT TO SECTION 27-65-108.3, FOR PROTECTIVE
PLACEMENT PURSUANT TO SECTION 25.5-10-502, OR FOR IMPOSITION OF A
LEGAL DISABILITY OR REMOVAL OF A LEGAL RIGHT PURSUANT TO SECTION
PAGE 47-SENATE BILL 26-149
25.5-10-216; AND
(II) ONE OF THE FOLLOWING INDIVIDUALS REQUESTS THE COURT TO
ORDER THE INITIATION OF A CIVIL PROCEEDING:
(A) THE DISTRICT ATTORNEY;
(8) THE COUNTY ATTORNEY;
(C) A GUARDIAN, IF ONE IS APPOINTED;
(D) THE PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL
WHO OPINED THE DEFENDANT MEETS THE CRITERIA FOR A CIVIL PROCEEDING
IF THE PROFESSIONAL PERSON'S OR INTERVENING PROFESSIONAL'S OPINION
IS NOT THE RESULT OF WORK PERFORMED AS PART OF EMPLOYMENT OR A
CONTRACT WITH THE BHA OR WITH CDHS; OR
(E) A REPRESENTATIVE DESIGNATED BY THE BHA OR WITH CDHS
TO MAKE A REQUEST.
(b) NOTWITHSTANDING SUBSECTION (4)(a)(II) OF THIS SECTION, IF
ANY OF THE DEFENDANT'S CHARGES INCLUDE A FELONY, THE COURT MAY
ORDER THE COUNTY ATTORNEY TO INITIATE A CIVIL PROCEEDING ONLY IF
THE DISTRICT ATTORNEY CONSENTS TO THE INITIATION OF A CIVIL
PROCEEDING.
(5) (a) (I) DURING THE PENDENCY OF THE CRIMINAL CASE, THE
DEFENDANT, THE DEFENDANT'S ATTORNEY IN THE CRIMINAL CASE, AND THE
PROSECUTING ATTORNEY IN THE CRIMINAL CASE MAY ACCESS THE
FOLLOWING INFORMATION AND RECORDS THAT RELATE TO A CIVIL
PROCEEDING INITIATED AGAINST THE DEFENDANT:
(A) WHETHER A CIVIL PROCEEDING IS PENDING AGAINST THE
DEFENDANT AND, IF SO, THE DA TE AND TIME OF THE CIVIL PROCEEDING AND
THE FINAL DISPOSITION OF THE CIVIL PROCEEDING, REGARDLESS OF WHETHER
THE CIVIL PROCEEDING IS CONFIDENTIAL OR CLOSED TO THE PROSECUTING
ATTORNEY OR THE DEFENDANT'S ATTORNEY IN THE CRIMINAL CASE; AND
(8) WHETHER THE COURT PREVIOUSLY ORDERED CERTIFICATION FOR
SHORT-TERM TREATMENT PURSUANT TO SECTION 27-65-108.5, 27-65-109,
PAGE 48-SENATE BILL 26-149
OR 27-65-109.5, CERTIFICATION FOR LONG-TERM CARE AND TREATMENT
PURSUANT TO SECTION 27-65-110, PROTECTIVE PLACEMENT PURSUANT TO
SECTION 25.5-10-502, OR IMPOSITION OF A LEGAL DISABILITY OR REMOVAL
OF A LEGAL RIGHT PURSUANT TO SECTION 25.5-10-216.
(II) ANY INFORMATION ACCESSED PURSUANT TO SUBSECTION
(5)(a)(I) OF THIS SECTION IS CONFIDENTIAL UNLESS THE DISCLOSURE IS
OTHERWISE AUTHORIZED BY LAW.
(b) IF A PETITION FOR A CIVIL PROCEEDING IS FILED AGAINST THE
DEFENDANT AS A RESULT OF THE COURT'S ORDER PURSUANT TO SUBSECTION
(4)(a) OF THIS SECTION, THE PETITIONER SHALL FILE A NOTICE IN THE
DEFENDANT'S CRIMINAL CASE.
(6) THE COURT SHALL ORDER THE COUNTY ATTORNEY TO INITIATE
A CIVIL PROCEEDING AGAINST THE DEFENDANT AND ST A Y THE ORDER
DISMISSING THE DEFENDANT'S CRIMINAL CASE FOR THIRTY-FIVE DAYS IF:
(a) THE COURT ORDERS DISMISSAL OF THE CASE PURSUANT TO
SECTION 16-8.5-109 (4), 16-8.5-113 (4)(b), OR 16-8.5-116, OR, IF THE
DEFENDANT IS INCOMPETENT, THE DISTRICT ATTORNEY VOLUNTARILY
MOVES TO DISMISS THE CASE AND REQUESTS THE COUNTY ATTORNEY OR THE
APPOINTED EMERGENCY GUARDIAN TO INITIATE A CIVIL PROCEEDING;
(b) A COMPETENCY EVALUATOR OR A PROFESSIONAL PERSON, AS
DEFINED IN SECTION 27-65-102, OR AN INTERVENING PROFESSIONAL, AS
DEFINED IN SECTION 27-65-102, WHO IS ACTING WITHIN THE SCOPE OF THEIR
AUTHORITY AND WHO HAS AN ESTABLISHED TREATMENT RELATIONSHIP WITH
THE DEFENDANT OPINES THAT THE DEFENDANT MEETS THE CRITERIA FOR
CERTIFICATION FOR SHORT-TERM TREATMENT OR LONG-TERM CARE AND
TREATMENT PURSUANT TO SECTION 27-65-108.3, FOR PROTECTIVE
PLACEMENT PURSUANT TO SECTION 25.5-10-502, OR IMPOSITION OF A LEGAL
DISABILITY OR REMOVAL OF A LEGAL RIGHT PURSUANT TO SECTION
25.5-10-216; AND
( c) ONE OF THE FOLLOWING INDIVIDUALS REQUESTS THE COURT TO
ORDER THE INITIATION OF A CIVIL PROCEEDING:
(I) THE DISTRICT ATTORNEY;
PAGE 49-SENATE BILL 26-149
(II) THE COUNTY ATTORNEY;
(III) THE APPOINTED EMERGENCY GUARDIAN;
(IV) THE PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL
WHO OPINED PURSUANTTOSUBSECTION (4)(a)(l) OF THIS SECTIONTHATTHE
DEFENDANT MEETS THE CRITERIA FOR A CIVIL PROCEEDING IF THE
PROFESSIONAL PERSON'S OR INTERVENING PROFESSIONAL'S OPINION IS NOT
THERESULTOFWORKPERFORMEDASPARTOFEMPLOYMENTORACONTRACT
WITH THE BHA OR WITH CDHS; OR
(V) A REPRESENTATIVE DESIGNATED BY THE BHA OR WITH CDHS
TO MAKE A REQUEST.
(7) NOTWITHSTANDING SUBSECTIONS ( 4) AND ( 6) OF THIS SECTION,
IF AN APPOINTED EMERGENCY GUARDIAN BELIEVES IN THEIR PROFESSIONAL
JUDGMENT THAT A CIVIL PROCEEDING SHOULD BE INITIATED, THE COURT
SHALL ALLOW THE EMERGENCY GUARDIAN TO INITIATE THE CIVIL
PROCEEDING IN LIEU OF ORDERING THE COUNTY ATTORNEY TO INITIATE THE
CIVIL PROCEEDING.
(8) (a) THE COURT SHALL GRANT AN UNLIMITED NUMBER OF
THIRTY-FIVE-DAY EXTENSIONS TO STAY THE ORDER DISMISSING THE
DEFENDANT'S CASE IF THE DEFENDANT CONSENTS TO THE EXTENSION.
(b) IF THE DEFENDANT DOES NOT CONSENT TO AN EXTENSION TO
STAY THE ORDER, THE COURT SHALL GRANT NO MORE THAN FOUR
ADDITIONAL EXTENSIONS, SO LONG AS THE TOTAL EXTENSIONS DO NOT
EXCEED ONE HUNDRED SEVENTY-FIVE DAYS, IF:
(I) THE PROSECUTING ATTORNEY REQUESTS AN EXTENSION,
REGARDLESS OF WHETHER THE DEFENDANT CONSENTS TO THE EXTENSION;
(II) THE COURT FINDS GOOD CAUSE; AND
(III) THE DEFENDANT IS CHARGED WITH AN ACT THAT CONSTITUTES
HOMICIDE PURSUANT TO PART 1 OF ARTICLE 3 OF TITLE 18; A CRIME OF
VIOLENCE, AS DEFINED IN SECTION 18-1.3-406 (2); OR A FELONY THAT
CONSTITUTES UNLAWFUL SEXUAL BEHAVIOR, AS DEFINED IN SECTION
16-22-102.
PAGE 50-SENA TE BILL 26-149
(c) IF THE DEFENDANT DOES NOT CONSENT TO AN EXTENSION TO
STAYTHEORDER, THECOURTSHALLGRANTNOMORETHANONEADDITIONAL
EXTENSION, SO LONG AS THE EXTENSION DOES NOT EXCEED SEVENTY DAYS,
IF:
(I) THE PROSECUTING ATTORNEY REQUESTS AN EXTENSION,
REGARDLESS OF WHETHER THE DEFENDANT CONSENTS TO THE EXTENSION;
(II) THE COURT FINDS GOOD CAUSE; AND
(III) THE DEFENDANT IS NOT CHARGED WITH A CRIME OF VIOLENCE,
AS DEFINED IN SECTION 18-1.3-406 (2), OR A FELONY THAT CONSTITUTES
UNLAWFUL SEXUAL BEHAVIOR, AS DEFINED IN SECTION 16-22-102.
( d) FOR THE PURPOSE OF THIS SUBSECTION (8), GOOD CAUSE DOES
NOT INCLUDE REFUSAL OR FAILURE TO TIMELY FILE A PETITION FOR A CIVIL
PROCEEDING PURSUANT TO SUBSECTION ( 4) OF THIS SECTION.
( e) AN EXTENSION GRANTED PURSUANT TO SUBSECTION (8)(b) OR
(8)(c) OF THIS SECTION IS IN ADDITION TO THE INITIAL STAY AUTHORIZED
PURSUANT TO SUBSECTION (6)(a) OF THIS SECTION.
(f) AFTER A STAY OF DISMISSAL ENDS PURSUANT TO THIS
SUBSECTION (8), THE COURT SHALL DISMISS THE DEFENDANT'S CRIMINAL
CASE UNLESS THE ST A Y REMAINS IN EFFECT PURSUANT TO SECTION
16-8.5-118. AFTER THE DEFENDANT'S CASE IS DISMISSED, THE COURT SHALL
NOTIFY CDHS OF THE DISMISSAL, IN WRITING, AND THE REASON FOR THE
DISMISSAL.
(9) PRIOR TO ORDERING THE COUNTY ATTORNEY TO INITIATE A CIVIL
PROCEEDING PURSUANT TO SUBSECTION (4) OR (6) OF THIS SECTION, THE
COURT SHALL CONSIDER ANY OBJECTIONS FROM THE DEFENDANT.
(10) IF THE COURT ORDERS THE COUNTY ATTORNEY TO INITIATE A
CIVIL PROCEEDING PURSUANT TO SUBSECTION ( 4) OR ( 6) OF THIS SECTION,
THE COURT SHALL SERVE THE COUNTY ATTORNEY WITH A WRITTEN ORDER
THAT:
(a) STATES THE FACTUAL AND LEGAL BASIS FOR THE ORDER;
PAGE 51-SENATE BILL 26-149
(b) SETS A DEADLINE FOR THE COUNTY ATTORNEY TO INITIATE A
CIVIL PROCEEDING NO LATER THAN TWENTY-ONE DAYS AFTER THE COURT'S
ORDER;
( C) IDENTIFIES THE SPECIFIC CIVIL PROCEEDINGS THE COURT INTENDS
THE COUNTY A TI'ORNEY TO INITIATE; AND
( d) INCLUDES ANY ORDERS THE COURT ISSUED PURSUANT TO THIS
SECTION.
(11) THE COUNTY ATTORNEY OR THE APPOINTED EMERGENCY
GUARDIAN MAY OBJECT TO THE ORDER TO INITIATE A CIVIL PROCEEDING
WITHIN SEVEN DAYS AFTER RECEIVING THE COURT ORDER SERVED PURSUANT
TO SUBSECTION ( 10) OF THIS SECTION AND MAY REQUEST A HEARING . IF THE
COUNTY ATTORNEY OR THE APPOINTED EMERGENCY GUARDIAN FILES AN
OBJECTION, THE COURT SHALL SET A HEARING FORTHWITH AND RULE ON THE
COUNTY ATfORNEY'S OBJECTION BY EITHER VACATING, MODIFYING, OR
AFFIRMING THE COURT'S ORDER TO INITIATE A CIVIL PROCEEDING.
(12) IF THE COURT ORDERS THE COUNTY ATTORNEY TO INITIATE A
CIVIL PROCEEDING AGAINST THE DEFENDANT:
(a) THE COURT MAY, UPON THE COURT'S OWN MOTION, FORGO AN
ORDER FOR RESTORATION SERVICES AND DISMISS THE CHARGES AGAINST THE
DEFENDANT WITHOUT PREJUDICE IF THE DEFENDANT'S HIGHEST CHARGED
OFFENSE IS A MISDEMEANOR THAT IS NOT SUBJECT TO DISMISSAL PURSUANT
TO SECTION 16-8.5-109 (4).
(b) THE DISTRICT ATTORNEY AND CDHS SHALL TRANSMIT ALL
NECESSARY INFORMATION TO THE COUNTY ATTORNEY OR THE APPOINTED
EMERGENCY GUARDIAN, INCLUDING THE DEFENDANT'S MEDICAL RECORDS,
COMPETENCY EVALUATIONS, MATERIALS USED DURING THE COMPETENCY
PROCESS, AND RESTORATION RECORDS.
(13) IF THE COURT ORDERS DISMISSAL OF THE CASE PURSUANT TO
SECTION 16-8.5-109 (4), 16-8.5-113 (4)(b), OR 16-8.5-116; THE COURT DOES
NOT ORDER THE COUNTY ATTORNEY TO INITIATE A CIVIL PROCEEDING; AND
THE CASE IS NOT STAYED PURSUANT TO SECTION 16-8.5-118, THE COURT
SHALL DISMISS THE CASE.
PAGE 52-SENATE BILL 26-149
16-8.5-118. Civil commitment and enhanced protective
placement for incompetent and unrestorable defendants - report -
repeal.
( 1) (a) IF THE DEFENDANT IS UNRESTORABLE PURSUANT TO SECTION
16-8.5-113 OR THE DEFENDANT HAS REACHED THE MAXIMUM TIME
PERMITTEDTORESTORETHEDEFENDANTPURSUANTTOSECTION 16-8.5-116,
THE PROSECUTION MAY NOTIFY THE COURT THAT THE PROSECUTION SEEKS
CIVIL COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT OF THE
DEFENDANT PURSUANT TO THIS SECTION.
(b) IF THE PROSECUTION VERBALLY NOTIFIES THE COURT PURSUANT
TO SUBSECTION (l)(a) OF THIS SECTION, THE COURT SHALL ORDER THE
PROSECUTION TO FILE WRITTEN NOTICE WITHIN SEVEN DAYS AFTER THE
VERBAL NOTIFICATION AND PROVIDE THE NOTICE TO THE PARTIES, CDHS,
AND THE COUNTY ATTORNEY. THE NOTICE MUST INCLUDE THE ACTS UPON
WHICH THE PROSECUTION INTENDS TO RELY UPON AT TRIAL THAT THE
PROSECUTION ALLEGES SATISFY SUBSECTION (6)(b) OF THIS SECTION. THE
PROSECUTION SHALL NOT ALLEGE ACTS FOR WHICH THE DEFENDANT HAS
BEEN ACQUITTED OR CONVICTED.
( C) UPON THE PROSECUTION PROVIDING WRITTEN NOTICE TO THE
COURT PURSUANT TO SUBSECTION (l)(b) OF THIS SECTION, THE COURT
SHALL:
(I) ST A Y THE ORDER DISMISSING THE DEFENDANT'S CRIMINAL CASE;
(II) SET A TRIAL WITHIN NINETY-ONE DAYS AFTER THE DA TE THE
WRITTEN NOTICE WAS FILED OR, WITH BOTH PARTIES' CONSENT, ANY DATE
AGR EEABLE TO THE PARTIES; AND
(Ill) ORDER CDHS TO IDENTIFY AN APPROPRIATE PROVIDER AND
PLACEMENT FOR THE DEFENDANT IN THE EVENT A CIVIL COMMITMENT OR AN
ENHANCED PROTECTIVE PLACEMENT IS GRANTED AND TO KEEP THE COURT
INFORMED IN WRITING OF AVAILABLE PLACEMENT OPTIONS.
(2) AT ANY TIME FOLLOWING THE PROSECUTION'S WRITTEN NOTICE
PROVIDED PURSUANT TO SUBSECTION (l)(b) OF THIS SECTION AND UPON
REQUEST OF THE DEFENDANT, THE BRIDGES COURT LIAISON, OR CDHS, THE
COURT MAY APPOINT AN EMERGENCY GUARDIAN PURSUANT TO SECTION
PAGE 53-SENATE BILL 26-149
16-8.5-117 (2).
(3) THE COURT MAY CONTINUE THE TRIAL FOR GOOD CAUSE SHOWN;
EXCEPT THAT THE COURT SHALL COMMENCE THE TRIAL WITHIN ONE
HUNDRED EIGHTY-TWO DAYS AFTER THE DATE THE PROSECUTION GIVES
NOTICE PURSUANT TO SUBSECTION ( 1) OF THIS SECTION AND CONCLUDE THE
TRIAL WITHIN A REASONABLE TIME. DELAYS ATTRIBUTABLE TO THE
DEFENDANT, INCLUDING A REQUEST FOR A CONTINUANCE OF THE TRIAL,
MUST BE EXCLUDED FROM THE TIME LIMITS SET FORTH IN THIS SUBSECTION
(3 ). IF THE TRIAL IS NOT COMMENCED WITHIN THE TIME LIMITS SET FORTH IN
THIS SUBSECTION (3), THE COURT SHALL END THE STAY AND DISMISS THE
CASE AGAINST THE DEFENDANT IF THE DEFENDANT FILED A MOTION TO
DISMISS PRIOR TO THE COMMENCEMENT OF THE TRIAL. IF THE DEFENDANT
FAILED TO FILE A MOTION TO DISMISS PRIOR TO COMMENCEMENT OF THE
TRIAL, THE FAILURE TO FILE A MOTION TO DISMISS IS A WAIVER OF THE
DEFENDANT'S RIGHTS PURSUANT TO THIS SUBSECTION (3).
(4) (a) THE TRIAL MUST BE CIVIL IN NATURE BUT CONDUCTED IN
ACCORDANCE WITH THE COLORADO RULES OF EVIDENCE. A DISTRICT COURT
JUDGE OR, WITH THE CONSENT OF BOTH PARTIES, A COUNTY COURT JUDGE OR
A MAGISTRATE ASSIGNED BY THE CHIEF JUDGE OF THE JUDICIAL DISTRICT
SHALL SERVE AS THE FINDER OF FACT.
(b) (I) UPON SETTING THE TRIAL, THE COURT SHALL ORDER, IN
WRITING, THE EXCHANGE OF RELEVANT DISCOVERY FOR THE PURPOSE OF
ENSURING A FAIR AND EXPEDITIOUS TRIAL FOR BOTH PARTIES, INCLUDING,
AT A MINIMUM, THE TIMELY DISCLOSURE OF THE WITNESSES AND EVIDENCE
THE PARTIES INTEND TO RELY UPON AT TRIAL.
(II) THE COURT MAY ORDER THE PARTIES TO COMPLY WITH
RELEVANT PROVISIONS OF RULE 16 OF THE COLORADO RULES OF CRIMINAL
PROCEDURE, BUT ONLY TO THE EXTENT REASONABLE FOR THE CIVIL TRIAL
AND IN FURTHERANCE OF THE LIMITED PURPOSE OF THIS SECTION.
( c) THE PARTIES MAY ISSUE SUBPOENAS PURSUANT TO RULE 17 OF
THE COLORADO RULES OF CRIMINAL PROCEDURE TO COMPEL THE
ATTENDANCE OF WITNESSES AT TRIAL.
(5) (a) THE DEFENDANT MAY REQUEST TO STIPULATE THAT THE
COURT ORDER CIVIL COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT
PAGE 54-SENATE BILL 26-149
RATHER THAN CONTESTING THE MATTER AT A TRIAL. THE COURT SHALL
ALLOW THE DEFENDANT TO STIPULATE TO THE COURT ORDERING A CIVIL
COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT ONLY IF:
(I) THE COURT CONFIRMS THE DEFEND A NT HAS BEEN FULLY ADVISED
OF THE CONSEQUENCES AND THE RIGHTS THE DEFENDANT IS WAIVING,
INCLUDING THE RIGHT TO A COURT TRIAL;
(II) THE STIPULATION IS IN WRITING AND STATED ON THE RECORD AT
A HEARING AT WHICH THE DEFENDANT APPEARS, WITH THE CONSENT OF ANY
GUARDIAN THAT HAS BEEN APPOINTED;
(III) THE COURT FINDS THE DEFENDANT UNDERSTANDS THE
STIPULATION AND THAT THE STIPULATION IS VOLUNTARY DESPITE THE
DEFENDANT BEING INCOMPETENT TO PROCEED; AND
(IV) THE PARTIES ESTABLISH A FACTUAL BASIS.
(b) ANY STIPULATION OR ADMISSION MADE AS PART OF THE
STIPULATION TO IMPOSE A CIVIL COMMITMENT OR ENHANCED PROTECTIVE
PLACEMENT IS NOT ADMISSIBLE IN ANY FUTURE CRIMINAL PROSECUTION TO
PROVE ANY ACT ALLEGED IN THE WRITTEN NOTICE SEEKING THE CIVIL
COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT.
( 6) AT TRIAL, THE PROSECUTION SHALL PROVE BY CLEAR AND
CONVINCING EVIDENCE THAT:
(a) THE DEFENDANT HAS AMENT AL DISABILITY OR DEVELOPMENT AL
DISABILITY;
(b) (I) THE DEFENDANT COMMITTED AN ACT THAT, IN THE ABSENCE
OF ANY MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY, WOULD
CONSTITUTE:
(A) HOMICIDE PURSUANT TO PART 1 OF ARTICLE 3 OF TITLE 18;
(B) A CRIME OF VIOLENCE, AS DEFINED IN SECTION 18-1.3-406 (2);
OR
( C) A FELONY THAT CONSTITUTES UNLAWFUL SEXUAL BEHAVIOR, AS
PAGE 55-SENATE BILL 26-149
DEFlNED IN SECTION 16-22-102; AND
(II) THE ACT DESCRIBED lN SUBSECTION (6)(b)(I) OF THIS SECTION
THA TTHE DEFENDANT IS ALLEGED TO HA VE COMMITTED IS OR WAS CHARGED
IN A CRIMINAL CASE IN COLORADO IN WHICH COMPETENCY WAS RAlSED; AND
( c) THE DEFENDANT POSES A SUBSTANTIAL RISK OF SERIOUS HARM
TO OTHERS.
(7) (a) WHEN DETERMINlNG WHETHER THE PROSECUTION HAS MET
ITS BURDEN PURSUANT TO SUBSECTION (6)(b) OF THIS SECTION:
(I) THE DEFENDANT IS NOT PERMITTED TO RAISE, AND THE COURT
SHALL NOT CONSIDER, A DEFENSE BASED ON A MENTAL DISABILITY OR
DEVELOPMENT AL DISABILITY, INCLUDING AMENT AL DISEASE OR DEFECT, AS
DEFINED IN SECTION 16-8-102, INCLUDING, BUT NOT LIMITED TO, A DEFENSE
RAISED PURSUANT TO ARTICLE 8 OF TITLE 16 OR ANY DEFENSE THAT IS AN
ELEMENT-NEGATING TRAVERSE BASED ON A MENTAL DISEASE OR DEFECT;
(II) THE DEFENDANT IS NOT PERMITTED TO RAISE, AND THE COURT
SHALL NOT CONSIDER, A DEFENSE OF lNTOXlCATION, AS DEFINED IN SECTION
18-1-804, EXCEPT FOR INTOXICATION THAT IS NOT SELF-INDUCED PURSUANT
TO SECTION 18-1-804 (3); AND
(III) THE DEFENDANT IS PERMITTED TO RAISE OTHER DEFENSES THAT
ARE NOT BASED ON A MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY,
INCLUDING AFFlRMATlVE DEFENSES, EXCEPT AS PROVIDED IN THIS
SUBSECTION (7).
(b) WHEN DETERMINING WHETHER TO PERMIT A DEFENDANT TO
RAISE A DEFENSE PURSUANT TO THIS SUBSECTION (7), THE COURT SHALL
CONSIDER THE NEED TO ENSURE FAIRNESS AND DUE PROCESS TO BOTH
PARTIES WITHOUT FRUSTRATING THE INTENDED FUNCTIONING AND LIMITED
PURPOSE OF THE CIVIL PROCEEDING.
( c) THE PROSECUTION SHALL NOT ALLEGE, AND THE COURT SHALL
NOT CONSIDER, AN ACT OR SERIES OF ACTS FOR WHICH THE DEFENDANT WAS
ACQUITTED OR CONVICTED AS THE QUALIFYING ACTS SATISFYING THE
CRITERIA LISTED IN SUBSECTION (6)(b) OF THIS SECTION, BUT THE COURT
MAY ADMIT EVIDENCE OF AN ACT OR A SERIES OF ACTS FOR WHICH THE
PAGE 56-SENATE BILL 26-149
DEFENDANT WAS ACQUITTED OR CONVICTED IF OTHERWISE ADMISSIBLE
PURSUANT TO THE COLORADO RULES OF EVIDENCE AND RELEVANT TO THE
CRITERIA LISTED IN SUBSECTION (6)(a) OR (6)(c) OF THIS SECTION.
(d) (I) PRIOR TO TRIAL, THE COURT SHALL FIND THAT THE
PROSECUTION HAS MET THE REQUIREMENTS IN SUBSECTION ( 6)(b )(II) OF THIS
SECTION IF AN ACT ALLEGED TO SATISFY THE REQUIREMENT OF SUBSECTION
(6)(b )(I) OF THIS SECTION rs:
(A) CHARGED IN THE CURRENT CASE; OR
(B) CHARGEDINANOTHERPENDINGCASEINTHESAMEJURlSDICTION
AND COMPETENCY WAS RAISED IN THE CASE.
(II) PRIOR TO TRIAL, THE COURT MAY FIND THAT THE PROSECUTION
HAS MET THE REQUIREMENTS IN SUBSECTION ( 6)(b )(II) OF THIS SECTION IF:
(A) WITHOUT ADMITTING TO COMMITTING ANY ACTS, THE
DEFENDANT STIPULATES THE DEFENDANT WAS CHARGED WITH AN ACT THAT
MEETS THE REQUIREMENTS OF SUBSECTION ( 6)(b )(II) OF THIS SECTION; OR
(B) THE PROSECUTION FILES WITH THE COURT CERTIFIED COURT
RECORDS FROM ANOTHER CRIMINAL CASE, CURRENT OR DISMISSED, THAT
DEMONSTRATE BY CLEAR AND CONVINCING EVIDENCE THAT THE
REQUIREMENTS OF SUBSECTION (6)(b)(II) OF THIS SECTION ARE SATISFIED.
(8) (a) PRIORTOTRIAL, THECOURTSHALLREQUIRETHEDEFENDANT
TO STATE WHETHER THE DEFENDANT CONTESTS THAT THE DEFENDANT HAS
A MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY.
(b) IF THE DEFENDANT DOES NOT CONTEST THAT THE DEFENDANT
HAS A MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY, THE COURT
SHALL TREAT THIS FACT AS PROVEN AND SHALL NOT REQUIRE THE
PROSECUTION TO PRODUCE ANY EVIDENCE TO PROVE THE FACT AT TRIAL.
( c) (I) IF THE DEFENDANT CONTESTS THAT THE DEFENDANT HAS A
MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY, THE COURT SHALL
REVIEW THE RECORD AND DETERMINE IF THE DEFENDANT OR DEFENSE
COUNSEL RAISED THE ISSUE OF THE DEFENDANT BEING INCOMPETENT OR
FAILED TO OBJECT TO A FINDING THAT THE DEFENDANT IS INCOMPETENT.
PAGE 57-SENATE BILL 26-149
(II) IF THE COURT FINDS THE DEFENDANT OR DEFENSE COUNSEL
RAISED THE ISSUE OF THE DEFENDANT BEING INCOMPETENT OR FAILED TO
OBJECT TO A FINDING THAT THE DEFENDANT IS INCOMPETENT, THE COURT
SHALL FIND THE DEFENDANT HAS PREVIOUSLY STIPULATED THAT THE
DEFENDANT HAS A MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY. IF
THE COURT MAKES A FINDING, THE COURT SHALL FIND THE DEFENDANT HAS
STIPULATED THAT THE DEFENDANT HAS A MENTAL DISABILITY OR
DEVELOPMENTAL DISABILITY AND FIND IN FAVOR OF THE PROSECUTION AT
TRIAL WITH REGARD TO SUBSECTION (6)(a) OF THIS SECTION.
(Ill) IF THE COURT FINDS THAT THE PROSECUTION OR COURT RAISED
THE ISSUE OF COMPETENCY OVER THE DEFENDANT'S OBJECTION AND THE
DEFENDANT CONSISTENTLY MAINTAINED AN OBJECTION BY ARGUING THE
DEFENDANT IS COMPETENT TO PROCEED, THE PROSECUTION HAS THE BURDEN
TO PROVE BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT HAS
A MENTAL DISABILITY OR DEVELOPMENT AL DISABILITY PURSUANT TO
SUBSECTION (6)(a) OF THIS SECTION.
( d) AT TRIAL, THE COURT:
(I) SHALL ADMIT ANY COMPETENCY REPORTS AND ANY TRANSCRIPTS
OF PRIOR COMPETENCY OR RESTORABILITY HEARINGS SO LONG AS THE
COMPETENCY EVALUATOR WHO COMPLETED THE REPORT IS AVAILABLE FOR
CROSS-EXAMINATION;
(11) MAY TAKE JUDICIAL NOTICE OF ANY PRIOR FINDING THAT THE
DEFENDANT IS INCOMPETENT TO PROCEED AND THE ST AND ARD OF PROOF TO
WHICH THE PRIOR FINDING WAS MADE; AND
(III) SUBJECT TO CONSTITUTIONAL LIMITATIONS AND THE COLORADO
RULES OF EVIDENCE, SHALL ALLOW ADMISSION OF ANY EVIDENCE FROM
PRIOR COURT PROCEEDINGS THAT BEAR ON THE QUESTION OF WHETHER THE
DEFENDANT HAS A MENTAL DISABILITY OR DEVELOPMENT AL DISABILITY.
(9) AT TRIAL, WHEN DETERMINING WHETHER THE DEFENDANT POSES
A SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS, IF THE DEFENDANT IS IN
CUSTODY OR AT THE STATE HOSPITAL, THE COURT SHALL ASSESS THE
DEFENDANT AS IF THE DEFENDANT WERE IN THE COMMUNITY. THE COURT
SHALL NOT FIND THE DEFENDANT DOES NOT POSE A SUBSTANTIAL RISK OF
SERIOUS HARM TO OTHERS MERELY BECAUSE THE DEFENDANT IS IN CUSTODY
PAGE 58-SENATE BILL 26-149
OR AT THE ST A TE HOSPITAL.
( 10) IF THE COURT FINDS THAT THE PROSECUTION DID NOT MEET ONE
OR MORE OF THE REQUIREMENTS DESCRIBED IN SUBSECTION (6) OF THIS
SECTION, THE COURT SHALL DENY THE PROSECUTION'S REQUEST TO CIVILLY
COMMIT OR ORDER THE ENHANCED PROTECTIVE PLACEMENT OF THE
DEFENDANT AND SHALL DISMISS THE DEFENDANT'S CASE; EXCEPT THAT THE
COURT MAY CONSIDER WHETHER TO ORDER OTHER CIVIL PROCEEDINGS
PURSUANT TO SECTION 16-8.5-117.
(11) (a) IF THE COURT FINDS THAT THE PROSECUTION MET THE
REQUIREMENTS DESCRIBED IN SUBSECTION ( 6) OF THIS SECTION, THE COURT
SHALL:
(I) ORDER THE CIVIL COMMITMENT OR ENHANCED PROTECTIVE
PLACEMENT OF THE DEFENDANT IN ACCORDANCE WITH SUBSECTION ( 12) OF
THIS SECTION;
(II) PLACE THE DEFENDANT AND ISSUE ANY RELATED ORDERS
PURSUANT TO SUBSECTION (13) OF THIS SECTION; AND
(III) TRANSFER JURISDICTION OF THE CIVIL COMMITMENT OR
ENHANCED PROTECTIVE PLACEMENT TO AN APPROPRIATE CIVIL COURT WITH
JURISDICTION AND DISMISS THE CASE IN ACCORDANCE WITH SUBSECTION
(14) OF THIS SECTION.
(b) THE COURT HAS SEVENTY DAYS TO PLACE THE DEFENDANT AND
TRANSFER JURISDICTION TO THE APPROPRIATE CIVIL COURT; EXCEPT THAT
THE COURT MAY EXTEND THE TIME LIMIT WITH THE CONSENT OF THE
DEFENDANT. THE COURT SHALL ORDER THE PLACEMENT AND TRANSFER
JURISDICTION AS SOON AS PRACTICABLE.
(12) (a) IF THE COURT FINDS THAT THE PROSECUTION MET THE
REQUIREMENTS DESCRIBED IN SUBSECTION (6) OF THIS SECTION OR IF THE
COURT ACCEPTS THE DEFENDANT'S STIPULATION TO CIVIL COMMITMENT OR
ENHANCED PROTECTIVE PLACEMENT, THE COURT SHALL MAKE A FINDING OF
THE DEFENDANT'S PRIMARY DIAGNOSIS THAT CONSTITUTES THE MENTAL
DISABILITY OR DEVELOPMENT AL DISABILITY. THE COURT SHALL ORDER THE
DEFENDANT CIVILLY COMMITTED TO THE LEGAL CUSTODY OF CDHS AND
SUPERVISED PURSUANT TO SECTION 27-65-201, UNLESS THE DEFENDANT'S
PAGE 59-SENATE BILL 26-149
PRIMARY DIAGNOSIS IS AN INTELLECTUAL AND DEVELOPMENT AL DISABILITY
OR A NEUROCOGNITIVE DISORDER, AS THOSE TERMS ARE DEFINED IN SECTION
25.5-10-501, IN WHICH CASE, THE COURT SHALL ORDER AN ENHANCED
PROTECTIVE PLACEMENT AND LEGAL CUSTODY OF THE DEFENDANT TO THE
DEPARTMENT OF HEALTH CARE POLICY AND FINANCING AND SUPERVISED
PURSUANT TO SECTION 25 .5-10-507. AT ANY TIME PRIOR TO TRANSFERRING
JURISDICTION TO A CIVIL COURT, THE COURT MAY, UPON A
RECOMMENDATION FROM CDHS, CHANGE THE DESIGNATION OF THE
PRIMARY DIAGNOSIS AND CONVERT THE ORDER TO CIVIL COMMITMENT OR
ENHANCED PROTECTIVE PLACEMENT, AS APPROPRIATE, BASED ON THE
DETERMINATION OF CDHS.
(b) THE COURT SHALL ISSUE ITS FINDINGS AND ORDERS PURSUANT TO
THIS SECTION IN WRITING. WHEN THE COURT TRANSFERS JURISDICTION TO
A CIVIL COURT PURSUANT TO SECTION 27-65-113 OR 25.5-10-509, THE
COURT SHALL SEND THE CIVIL COURT RECEIVING JURISDICTION ALL THE
WRITTEN FINDINGS AND ORDERS ENTERED PURSUANT TO THIS SECTION.
(13) (a) WHEN THE COURT ORDERS A CIVIL COMMITMENT OR
ENHANCED PROTECTIVE PLACEMENT, IF CDHS PROPOSES PLACING THE
DEFENDANT INTO INPATIENT CARE, THE COURT SHALL ORDER, WITHOUT
FURTHERCOURTREVIEW, THEDEFENDANTPLACEDINTOINPATIENTCAREAT
THE DISCRETION OF CDHS. IF CDHS HAS IDENTIFIED AN APPROPRIATE
PROVIDER THAT DOES NOT MEET THE DEFINITION OF INPA TlENT CARE BUT IS
WILLING AND ABLE TO ACCEPT PLACEMENT OF THE DEFENDANT, THE COURT
SHALL SET A REVIEW HEARING AS SOON AS PRACTICABLE WHILE ENSURING
THE PARTIES, ANY APPOINTED EMERGENCY GUARDIAN, AND VICTIMS ARE
GIVEN SUFFICIENT NOTICE AND OPPORTUNITY TO PREPARE AND APPEAR.
(b) WHEN THE COURT ORDERS A CIVIL COMMITMENT OR ENHANCED
PROTECTIVE PLACEMENT, IF CDHS HAS NOT IDENTIFIED AN APPROPRIATE
PROVIDER THAT IS WILLING TO ACCEPT PLACEMENT OF THE DEFENDANT, THE
COURT SHALL:
(I) SET A REVIEW HEARING WITHIN THIRTY-FIVE DAYS AFTER THE
ORDER FOR CIVIL COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT; AND
(II) PRIOR TO THE REVIEW HEARING, ORDER CDHS, IN
CONSULTATION WITH THE BHA, TO IDENTIFY AT LEAST ONE APPROPRIATE
PROVIDER THAT IS WILLING TO IMMEDIATELY ACCEPT PLACEMENT OF THE
PAGE 60-SENATE BILL 26-149
DEFENDANT.
(c) AT THE REVIEW HEARING, IF CDHS PROPOSES PLACING THE
DEFENDANT INTO INPATIENT CARE, THE COURT SHALL ORDER, WITHOUT
FURTHER COURT REVIEW, THE DEFENDANT PLACED INTO INPATIENT CARE AT
THE DISCRETION OF CDHS. IF CDHS DOES NOT PROPOSE PLACING THE
DEFENDANT INTO INPATIENT CARE, THE COURT SHALL REVIEW ANY
PLACEMENT IDENTIFIED BY CDHS TO ENSURE IT IS APPROPRIATE AND
SUFFICIENTLY PROTECTS VICTIMS AND THE COMMUNITY FROM THE
SUBSTANTIALRISKOFSERIOUSHARMTOOTHERSPOSEDBYTHEDEFENDANT.
THE COURT MAY CONTINUE THE REVIEW HEARING OR ORDER AN ADDITIONAL
REVIEW HEARING WITHIN THE TIME FRAME SET FORTH IN SUBSECTION ( 11 )(b)
OF THIS SECTION.
( d) WHEN CONSIDERING THE APPROPRIATENESS OF THE PLACEMENT
FOR THE DEFENDANT, VICTIMS, AND THE COMMUNITY, THE COURT SHALL:
(I) ALLOW CDHS, THE PARTIES, AND ANY APPOINTED EMERGENCY
GUARDIAN TO BE HEARD REGARDING THE DEFENDANT'S PLACEMENT;
(II) GIVE DEFERENCE TO CDHS'S RECOMMENDATION ON ANY ISSUE
RELATED TO THE DEFENDANT'S PRIMARY DIAGNOSIS;
(III) GIVE DEFERENCE TO CDHS AND THE OPINION OF A MEDICAL
PROFESSIONAL ON THE APPROPRIATENESS OF THE PROVIDER AND PLACEMENT
FOR THE DEFENDANT;
(IV) NOT GIVE DEFERENCE TO CDHS OR A MEDICAL PROFESSIONAL
AS TO WHETHER THE PLACEMENT SUFFICIENTLY PROTECTS VICTIMS AND THE
COMMUNITY FROM THE SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS
POSED BY THE DEFENDANT; AND
(V) CONSIDER THE TOTALITY OF THE CIRCUMSTANCES, INCLUDING:
(A) THE DEFENDANT'S STATEMENTS AND WHETHER THE DEFENDANT
LACKS INSIGHT INTO THE DEFENDANT'S MENTAL DISABILITY OR
DEVELOPMENTAL DISABILITY;
(8) THE DEFENDANT'S CLINICAL DIAGNOSIS AND PROGNOSIS,
INCLUDING ANY OPINIONS THAT THE DEFENDANT AND THE DEFENDANT'S
PAGE 61-SENATE BILL 26-149
CURRENT MENTAL STATE AND BEHAVIORS POSE RISKS TO OTHERS;
(C) THE DEFENDANT'S REFUSAL TO VOLUNTARILY SEEK AND COMPLY
WITH A TREATMENT PLAN IN THE RECENT PAST, INCLUDING IN THE
DEFENDANT'S MOST RECENT PERIOD OF BEING IN THE COMMUNITY;
(D) RECENT OVERT ACTS BYTHEDEFENDANTTOTHREATEN, CAUSE,
OR A ITEMPT TO CAUSE HARM TO THE DEFENDANT'S SELF OR OTHERS;
(E) ANY PREVIOUS PATTERNS OF DECOMPENSATION OR
DETERIORATION THAT RESULTED IN THE DEFENDANT'S HOSPITALIZATION,
ARREST, OR CERTIFICATION FOR SHORT-TERM TREATMENT AND THAT
DEMONSTRATE A RISK OF LIKELY FUTURE DECOMPENSATION;
(F) WHEN THE DEFENDANT WAS LAST OUT OF CUSTODY AND
WHETHER THE DEFENDANT WAS FOUND IN A CONDITION IN WHICH THE
DEFENDANT WAS NOT ABLE TO CARE FOR THE DEFENDANT'S OWN BASIC
NEEDS IN ORDER TO A VOID THE RISK OF SERIOUS PHYSICAL HARM;
(G) THE FREQUENCY, RECENCY, AND SEVERITY OF THE
CONSIDERATIONS DESCRIBED IN SUBSECTIONS (13)(d)(V)(B) TO
(13)(d)(V)(F) OF THIS SECTION, SUCH THAT THE CIRCUMSTANCES ARE
PRESENT IN A MANNER THAT REQUIRES INPATIENT TREATMENT OR THAT THE
CIRCUMSTANCES ARE ABSENT IN A MANNER THAT ALLOWS FOR
COMMUNITY-BASED PLACEMENT;
(H) WHETHER THE DEFENDANT OPPOSES THE PLACEMENT;
(I) WHETHER COMMUNITY-BASED PLACEMENT CAN BE REASONABLY
ACCOMMODATED;
(J) THE LIMITED RESOURCES OF THE ST ATE AND THE NEEDS OF
OTHERS; AND
(K) THE PLACEMENT RECOMMENDATIONS OF ANY TREATING
PROFESSIONALS.
(e) THE COURT SHALL NOT PERMIT OR ORDER A DEFENDANT TO BE
PLACED INTO A COMMUNITY-BASED SETTING OUTSIDE OF INPATIENT CARE
UNLESS:
PAGE 62-SENATE BILL 26-149
(I) ANY VICTIMS HAVE BEEN NOTIFIED OF A CRITICAL STAGE, AS
DEFINED IN SECTION 24-4.1-302 (2)(q.3), AND GIVEN THE OPPORTUNITY TO
BE HEARD; AND
(II) THE DISTRICT ATTORNEY IN THE CASE THAT SOUGHT CIVIL
COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT HAS BEEN NOTIFIED
AND GIVEN AN OPPORTUNITY TO OBJECT AND BE HEARD.
(f) AFTER REVIEWING THE PROVIDERS, IF THE COURT FINDS THAT
MULTIPLE PROVIDERS ARE APPROPRIATE FOR THE DEFENDANT, VICTIMS, AND
THE COMMUNITY, THE COURT SHALL ORDER THE DEFENDANT BE PLACED IN
THE LEAST-RESTRICTIVE SETTING THAT IS ADEQUATE TO PROTECT THE
VICTIMS AND THE COMMUNITY AND TO PROVIDE, TO THE GREATEST EXTENT
POSSIBLE, THE APPROPRIATE LEVEL OF CARE FOR, TREATMENT FOR, AND
SUPERVISION OF THE DEFENDANT. IF MORE THAN ONE EQUALLY RESTRICTIVE
PLACEMENT IS AV AI LAB LE AND APPROPRIATE, THE COURT SHALL ORDER THE
DEFENDANT BE PLACED INTO A SETTING THAT IS BEST SUITED FOR THE
DEFENDANT'S TREATMENT NEEDS AND SUPERVISION, AS DETERMINED BY
CDHS.
(g) IF CDHS DOES NOT PROPOSE PLACING THE DEFENDANT INTO
INPATIENT CARE AND CDHS HAS NOT IDENTIFIED ANY OTHER APPROPRIATE
PLACEMENT WITH SUFFICIENT TIME TO REVIEW AND PLACE THE DEFENDANT
WITHINTHETIMEFRAMESETFORTH IN SUBSECTION (l l)(b) OF THIS SECTION,
THE COURT SHALL ORDER THE DEFENDANT PLACED INTO INPATIENT CARE AT
THE DISCRETION OF CDHS.
(h) INADDITIONTOANYORDERSISSUEDPURSUANTTOTHISSECTION,
THE COURT SHALL ISSUE ANY ORDERS NECESSARY TO MITIGATE THE
DEFENDANT'S RISK TO VICTIMS AND THE COMMUNITY, INCLUDING ORDERING
A PROVIDER THAT HAS ACCEPTED PLACEMENT OF THE DEFENDANT TO TAKE
REASONABLE AND PRACTICABLE PROTECTIVE MEASURES TO PREVENT THE
DEFENDANT FROM CONTACTING ANY VICTIMS; EXCEPT THAT THE COURT
SHALL NOT ORDER THE DEFENDANT TO COMPLY WITH ANY CONDITIONS THAT
ARE NOT NECESSARY TO MITIGATE THE DEFENDANT'S RISK OR WITH WHICH
THE DEFENDANT CANNOT COMPLY.
(i) AFTER THE COURT ORDERS PLACEMENT OF THE DEFENDANT:
(I) THE COURT, THE DISTRICT ATfORNEY, AND CDHS SHALL
PAGE 63-SENA TE BILL 26-149
TRANSMIT ALL NECESSARY INFORMATION, INCLUDING THE DEFENDANT'S
MEDICAL RECORDS, COMPETENCY EVALUATIONS, MATERIALS USED DURING
THE COMPETENCY PROCESS, AND RESTORATION RECORDS, TO THE COUNTY
ATTORNEY WITHIN THREE BUSINESS DAYS AFTER THE ORDER FOR
PLACEMENT. THE DISTRICT ATTORNEY AND CDHS SHALL PROVIDE
ADDITIONAL NECESSARY INFORMATION UPON REQUEST OF THE COUNTY
ATTORNEY.
(II) THE COURT SHALL, UNLESS OTHER APPROPRIATE
TRANSPORTATION HAS BEEN APPROVED BY THE COURT, ORDER THE SHERIFF
TO SECURELY TRANSPORT THE DEFENDANT TO THE ORDERED PLACEMENT AS
SOON AS PRACTICABLE. THE COURT SHALL SET ANY REVIEW HEARINGS
NECESSARY TO ENSURE THE DEFENDANT IS TRANSPORTED TO THE INITIAL
PLACEMENT. THE COURT MAY DELAY TRANSPORTATION IF A BED AT A
PLACEMENT IS NOT AVAILABLE BUT WILL BE AVAILABLE WITHIN THE NEXT
THIRTY DAYS.
(14) AFTER THE DEFENDANT HAS BEEN TRANSPORTED TO THE
PLACEMENT ORDERED BY THE COURT, THE COURT SHALL:
(a) TRANSFER JURISDICTION OF THE CIVIL COMMITMENT TO A CIVIL
COURT WITH JURISDICTION PURSUANT TO SECTION 27-65-113 OR TRANSFER
JURISDICTION OF THE ENHANCED PROTECTIVE PLACEMENT TO A CIVIL COURT
WITH JURISDICTION PURSUANT TO SECTION 25 .5-10-507;
(b) NOTIFY CDHS AND THE COUNTY ATTORNEY; AND
(c) DISMISS THE CRIMINAL CASE AGAINST THE DEFENDANT. THE
COURT SHALL NOTE IN THE COURT'S FINAL ORDER DISMISSING THE CASE THAT
THE CHARGES MAY BE REFILED, BUT THE PROSECUTION IS NOT PRECLUDED
FROM REFILING MERELY BECAUSE THE COURT DID NOT STATE SO IN THE
ORDER.
(15) SUBJECT TO THE APPLICABLE STATUTE OF LIMITATIONS,
INCLUDING ANY APPLICABLE TOLLING PROVISIONS, THE DISTRICT ATTORNEY
MAY REFILE THE CHARGES DISMISSED PURSUANT TO THIS SECTION AT A
LATER TIME IF THE DISTRICT ATTORNEY HAS REASON TO BELIEVE THE
DEFENDANT HAS SINCE ATTAINED COMPETENCY.
( 16) IF, AT THE TIME THE DISTRICT ATTORNEY SEEKS CIVIL
PAGE 64-SENATE BILL 26-149
COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT PURSUANT TO THIS
SECTION, THE DEFENDANT IS ALREADY CIVILLY COMMITTED OR ORDERED TO
AN ENHANCED PROTECTIVE PLACEMENT IN ANOTHER CASE, THE COURT
SHALL:
(a) TAKE JUDICIAL NOTICE OF THE PRIOR CIVIL COMMITMENT OR
ENHANCED PROTECTIVE PLACEMENT IN LIEU OF CONDUCTING AN
ADDITIONAL TRIAL;
(b) ORDER A CIVIL COMMITMENT OR ENHANCED PROTECTIVE
PLACEMENT OF THE DEFENDANT IN THIS CASE, COMMIT THE DEFENDANT TO
THE LEGAL CUSTODY OF CDHS, ORDER THE DEFENDANT INTO THE
DEFENDANT'S CURRENT PLACEMENT, AND TRANSFER JURISDICTION TO CIVIL
COURT WITH JURISDICTION OVER THE EXISTING CIVIL COMMITMENT OR
ENHANCED PROTECTIVE PLACEMENT;
( c) NOTIFY THE CIVIL COURT WITH JURISDICTION OVER THE EXISTING
CIVIL COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT AND
APPROPRIATE COUNTY ATTORNEY OF THE ADDITIONAL COMMITMENT ORDER;
( d) ORDER THE DISTRICT ATTORNEY AND CDHS TO TRANSMIT ALL
NECESSARY INFORMATION TO THE COUNTY ATTORNEY, INCLUDING THE
DEFENDANT'S MEDICAL RECORDS, COMPETENCY EVALUATIONS, MATERIALS
USED DURING THE COMPETENCY PROCESS, AND RESTORATION RECORDS. THE
DISTRICT ATTORNEY AND CDHS SHALL PROVIDE ADDITIONAL NECESSARY
INFORMATION UPON REQUEST OF THE COUNTY ATTORNEY.
( e) DISMISS THE CRIMINAL CASE AGAINST THE DEFENDANT.
(17) (a) No LATER THAN JANUARY 2031, CDHS SHALL INCLUDE, AS
PART OF ITS PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED
BY SECTION 2-7-203, INFORMATION CONCERNING PROTECTIVE PLACEMENTS,
ENHANCED PROTECTIVE PLACEMENTS, AND CIVIL COMMITMENTS SOUGHT
PURSUANT TO THIS SECTION. AT A MINIMUM, THE PRESENTATION MUST
INCLUDE THE FOLLOWING INFORMATION FROM JULY 1, 2026, TO JULY 1,
2030:
(I) THE NUMBER OF PETITIONS FILED FOR PROTECTIVE PLACEMENTS,
ENHANCED PROTECTIVE PLACEMENTS, AND CIVIL COMMITMENTS;
PAGE 65-SENATE BILL 26-149
(II) THE NUMBER OF PETITIONS THAT WERE GRANTED FOR
PROTECTIVE PLACEMENTS, ENHANCED PROTECTIVE PLACEMENTS, AND CIVIL
COMMITMENTS;
(III) THE A VERA GE LENGTH OF TIME AND LONGEST LENGTH OF TIME
A PERSON WAS CERTIFIED OR PLACED UNDER A PROTECTIVE PLACEMENT,
ENHANCED PROTECTIVE PLACEMENT, AND CIVIL COMMITMENT;
(IV) THE NUMBER OF PEOPLE WHO HAD A PLACEMENT OTHER THAN
INPATIENT CARE AND THE NUMBER OF PEOPLE WHO DEFAULTED TO
PLACEMENT IN INPATIENT CARE; AND
(V) THE AVERAGE LENGTH OF TIME AND LONGEST LENGTH OF TIME
A PERSON WAS CERTIFIED OR PLACED UNDER A PROTECTIVE PLACEMENT,
ENHANCED PROTECTIVE PLACEMENT, AND CIVIL COMMITMENT AND
REMAINED IN JAIL.
(b) HCPF AND THE JUDICIAL DEPARTMENT SHALL PROVIDE ANY
NECESSARY INFORMATION TO ASSIST CDHS IN ITS PRESENTATION.
( 18) CDHS SHALL PUBLICLY POST ON CDHS's WEBSITE THE
FOLLOWING INFORMATION ON A QUARTERLY BASIS:
• (a) THE ACTUAL AND PROJECTED NUMBER OF PERSONS WHO ARE
INCOMPETENT AND UNRESTORABLE AND WHO ARE OR MAY BE PLACED IN
CDHS'S CUSTODY FOR A CIVIL COMMITMENT OR ENHANCED PROTECTIVE
PLACEMENT; AND
(b) THE ACTUAL AND PROJECTED COSTS THAT CDHS WILL OR MAY
INCUR FOR SERVICES RELATED TO CDHS's OBLIGATIONS PURSUANT TO
SECTIONS 27-65-201 AND 25.5-10-507.
( 19) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2031.
16-8.5-119. Dismissal procedures.
(1) IF, AFTER ALL APPLICABLE STAYS ARE LIFTED, THE COURT
DISMISSES A DEFENDANT'S CRIMINAL CASE IN WHICH THE DEFENDANT IS
INCOMPETENT TO PROCEED AT THE TIME OF DISMISSAL:
PAGE 66-SENATE BILL 26-149
(a) THE COURT SHALL ENTER A WRITTEN ORDER WITH THE COURT'S
LEGAL AND FACTUAL BASIS FOR THE DISMISSAL AND PROVIDE THE WRITTEN
ORDER TO THE PARTIES AND CDHS;
(b) THE COURT MAY ORDER THE BRIDGES COURT LIAISON TO ASSIST
WITH THE DEFENDANT'S CASE MANAGEMENT PLANNING AND COORDINATION
OF SERVICES, INCLUDING COO RD INA TING WITH GOVERNMENT AL ENTITIES OR
COMMUNITY-BASED ORGANIZATIONS THAT ARE CAPABLE OF PROVIDING
RESOURCES TO THE DEFENDANT UPON DISMISSAL OF CHARGES;
( C) THE CHARGES ARE NOT ELIGIBLE FOR SEALING PURSUANT TO
SECTION 24-72-705; AND
( d) THE COURT SHALL REQUIRE CDHS TO ENSURE THAT CASE
MANAGEMENT SERVICES AND SUPPORTS ARE MADE AVAILABLE TO A
DEFENDANT RELEASED FROM CDHS's CUSTODY PURSUANT TO THIS ARTICLE
8.5 AFTER THE DEFENDANT'S CRIMINAL CASE IS DISMISSED.
(2) SUBJECT TO THE APPLICABLE STATUTE OF LIMITATIONS,
INCLUDING ANY APPLICABLE TOLLING PROVISIONS, THE DISTRICT ATTORNEY
MAY REFILE THE CHARGES DISMISSED PURSUANT TO THIS SECTION AT A
LATER TIME IF THE DISTRICT A 1TORNEY HAS REASON TO BELIEVE THE
DEFENDANT HAS SINCE ATTAINED COMPETENCY. THE COURT SHALL NOTE IN
THE COURT'S FINAL ORDER DISMISSING THE CASE THAT THE CHARGES MAY
BE REFILED, BUT THE PROSECUTION IS NOT PRECLUDED FROM REFILING
MERELY BECAUSE THE COURT DID NOT ST ATE SO IN THE ORDER.
16-8.5-120. [Formerly 16-8.5-117] Escape -return to institution.
If a defendant committed to the custody of the executive director for
a competency evaluation or for restoration to competency escapes from the
institution or hospital, the chief officer of the institution or hospital shall
apply to the district court for the county in which the institution or hospital
is located for a warrant of arrest directed to the sheriff of the county,
commanding the sheriff to take all necessary legal action to effect the arrest
of the defendant and to return the defendant promptly to the institution or
hospital. The fact of an escape becomes a part of the official record of the
defendant and must be certified to the committing court as part of the record
in any proceeding to determine whether the defendant is eligible for release
on bond or from custody.
PAGE 67-SENATE BILL 26-149
16-8.5-121. [Formerly 16-8.5-118) Temporary removal for
treatment and rehabilitation.
The chief officer of an institution where a defendant has been
committed pursuant to this article 8.5 may authorize treatment and
rehabilitation activities involving temporary physical removal of the
defendant from the institution where the defendant has been placed in
accordance with the procedures and requirements of section 16-8-118.
16-8.5-122. [Formerly 16-8.5-120) Competency evaluation
monitoring system - users -rules.
(1) The department CDHS, with assistance from the judicial
department, shall develop an electronic system to track the status of
defendants in the criminal justice system for whom a competency evaluation
or competency restoration has been ordered. The system must contain
information on the following:
(a) The date the court ordered the COMPETENCY evaluation;
(b) The dates of and locations where the COMPETENCY evaluation
was started and completed;
( c) The date of and location where the defendant entered restoration
services;
( d) The dates and results of court reviews of competency;
( e) Inpatient bed space;
(f) Community restoration capacity; and
(g) Financial estimates of costs of each inpatient and outpatient
program to identify inefficiencies.
(2) The department CDHS shall establish who has access to enter
information into the electronic system and who may have read-only access
to the electronic system.
16-8.5-123. [Formerly 16-8.5-122) Forensic evaluator training.
PAGE 68-SENATE BILL 26-149
Dy February l, 2020, the department CDHS shall create a
partnership with an accredited institution of higher education in the state to
develop and provide rigorous training in forensic evaluation. On o:r befure
January 1, 2021, Newly hired competency evaluators must SHALL complete
a training that addresses competency, sanity, report writing, expert
testimony, and other skills crucial for forensic evaluators; except that
competency evaluators who are forensic psychiatrists certified or
certification-eligible by the American board of psychiatry and neurology
and forensic psychologists who are certified or certification-eligible by the
American board of forensic psychology may be exempt from any training
requirements as outlined in this section through an exemption process to be
developed by the department CDHS. The state will SHALL manage an
oversight program that will TO provide support and ensure quality of
forensic evaluators.
16-8.5-124. Transparency requirements.
(1) The department CDHS shall post publicly POST on the office of
civil and futensic mental health's CDHS's website:
(a) All policies and procedures related to competency evaluations,
restoration services, management of the competency wait list, and
admission policies regarding inpatient restoration services, including
services for jail-based restoration and private hospital beds;
(b) The number of beds currently available and occupied for
jail-based restoration services;
(c) The number of beds currently available and occupied in private
hospitals for inpatient restoration services;
( d) The number of beds currently available in each state-run hospital
and occupied by adult civil patients, adult restoration patients, and adult not
guilty by reason of insanity commitments;
( e) The number of beds currently available in each state-run hospital
and occupied by juvenile patients;
(f) The number of individuals on the competency restoration wait
list;
PAGE 69-SENATE BILL 26-149
(g) The length of competency wait list times and an explanation of
the methodology used to calculate the wait times; and
(h) Any projected dates for the opening of new beds and a
description of what type of beds will become available.
16-8.5-125. [Formerly 16-8.5-116.5 (11)] Rules.
The department CDHS shall promulgate such ADOPT rules as
necessary to EFFECTIVELY AND consistently enforce the provisions of this
article 8.5.
SECTION 2. In Colorado Revised Statutes, add 27-65-101.5 as
follows:
27-65-101.5. Nonapplicability of article if individual has
intellectual and developmental disability or neurocognitive disorder.
THE PROVISIONS OF PART 5 OF ARTICLE 10 OF TITLE 25.5 APPLY AND
THIS ARTICLE 65 DOES NOT APPLY IF A PERSON HAS AN INTELLECTUAL AND
DEVELOPMENTAL DISABILITY OR A NEUROCOGNITIVE DlSORDER, AS THOSE
TERMS ARE DEFINED IN SECTION 25.5-10-501, WITHOUT ANY OTHER MENTAL
HEALTH DISORDER THAT IS NOT AN INTELLECTUAL AND DEVELOPMENTAL
DISABILITY OR NEUROCOGNITIVE DISORDER AND THAT SUBSTANTIALLY
CONTRIBUTES TO WHETHER THE RESPONDENT IS A DANGER TO THE
RESPONDENT'S SELF OR A DANGER TO OTHERS, OR IS GRAVELY DISABLED.
SECTION 3. In Colorado Revised Statutes, 27-65-102, amend
(10), (11), (21), and (22); and add (10.2), (24.5), (27.5), and (32) as
follows:
27-65-102. Definitions.
As used in this article 65, unless the context otherwise requires:
(10) "Danger to the person's self or others" means
(a) A per son poses a substantial risk ofphy sical lrar nr to the pet son's
self as manifested by e"idenee ofreeent th1eats of 01 attempts at suicide or
setious bodily hartn to the pet son's self, 01
PAGE 70-SENA TE BILL 26-149
fb7 a person poses a substantial risk of physical harm to another
person or persons, as manifested by evidence of recent homicidal or other
violent behavior by the person in question, or by evidence that others are
placed in reasonable fear of violent behavior and serious physical harm to
them, as evidenced by a recent overt act, attempt, or threat to do serious
physical harm by the person in question.
( 10.2) "DANGER TO THE PERSON'S SELF", OR SIMILAR TERMINOLOGY,
MEANS A PERSON POSES A SUBSTANTIAL RISK OF PHYSICAL HARM TO THE
PERSON'S SELF AS MANIFESTED BY EVIDENCE OF RECENT THREATS OR
ATTEMPTS AT SUICIDE OR SERIOUS BODILY HARM TO THE PERSON'S SELF.
(11) "Department" OR "CDHS" means the department of human
services.
(21) "Lay person" means a person identified by another person who
is detained on an involuntary emergency mental health hold pursuant to
section 27-65-106, certified for short-term treatment pursuant to section
27-65-109 SECTION27-65-108.5,27-65-109, OR27-65-109.5, or certified for
long-term care and treatment pursuant to section 27-65-110 who is
authorized to participate in activities related to the person's involuntary
emergency mental health hold, short-term treatment, or long-term treatment,
including court appearances, discharge planning, and grievances. The
person may rescind the lay person's authorization at any time.
(22) "Mental health disorder" includes MEANS one or more
substantial disorders of the cognitive, volitional, or emotional processes that
grossly impairs judgment or capacity to recognize reality or to control
behavior An intellectual or developmental disability is insufficient to either
justify or exclude a finding of a mental health disorder pursuant to the
provisions of this article 65 AND INCLUDES A MENTAL DISABILITY OR
DEVELOPMENTAL DISABILITY, AS THOSE TERMS ARE DEFINED IN SECTION
16-8.5-101, WHICH HAS LED A COURT TO FIND THE PERSON WITH THE
DISABILITY INCOMPETENT TO PROCEED PURSUANT TO ARTICLE 8.5 OF TITLE
16.
(24.5) "PERSISTENT MENTAL HEALTH DISORDER" MEANS:
(a) A MENTAL HEALTH DISORDER THAT HAS RESULTED IN THE
PERSON HAVINGTHREEORMORE OF THE FOLLOWING WITHIN THE PRECEDING
PAGE 71-SENATE BILL 26-149
THREE YEARS:
(I) AN EMERGENCY MENTAL HEALTH HOLD PURSUANT TO SECTION
27-65-106;
(II) A CERTIFICATION FOR SHORT-TERM T RE ATMENT PURSUANT TO
SECTION 27-65-109 OR 27-65-109.5;
(III) A FINDING OF INCOMPETENCY TO PROCEED PURSUANT TO
ARTICLE 8 OR 8.5 OF TITLE 16; OR
(IV) AN INPATIENT PSYCHIATRIC HOSPITALIZATION; AND
(b) A PROFESSIONAL PERSON WITH AN ESTABLISHED TREATMENT
RELATIONSHIP WITH THE PERSON, AS DESCRIBED IN SECTION 27-65-109.5
( 1 )(a), HAS EVALUATED THE PERSON WITHIN THE PRECEDING NINETY DAYS
OR A PROFESSIONAL PERSON CONDUCTING AN EVALUATION OR TREATMENT
PURSUANT TO THIS ARTICLE 65 HAS GIVEN CONSIDERATION TO THE PERSON'S
HISTORY OF PSYCHIATRIC DETERIORATION AND CYCLING THROUGH
INTERVENTIONS AND DETERMINED THAT:
(I) THE PERSON CURRENTLY HAS AMENT AL HEAL TH DISORDER THAT
SUBSTANTIALLY IMPAIRS THE PERSON'S ABILITY TO MAKE INFORMED
DECISIONS ABOUT TREATMENT;
(II) VOLUNTARY TR EATMENT IS UNLIKELY TO BE SUFFICIENT TO
PREVENT FURTHER PSYCHIATRIC DETERIORATION OR CRISIS EPISODES BASED
ON THE PERSON'S TREATMENT HISTORY AND CURRENT PRESENTATION;
(III) INVOLUNTARY TREATMENT IS CLINICALLY INDICATED AND
APPROPRIATE GIVEN THE PERSON'S CURRENT CONDITION, LEVEL OF
FUNCTIONING, AND TREATMENT HISTORY , INCLUDING ANY FAILURES TO
MAINTAIN VOLUNTARY TREATMENT DESPITE ANY PRIOR ASSURANCES THE
PERSON WOULD; AND
(IV) THE PERSON HAS NOT HAD A CONTINUOUS PERIOD OF TWELVE
OR MORE MONTHS OF IMMEDIATELY PRECEDING ST ABILITY, UNLESS THE
PROFESSIONAL PERSON DOCUMENTS SPECIFIC CLINICAL FINDINGS THAT
CURRENT PSYCHIATRIC DETERIORATION IS OCCURRING NOTWITHSTANDING
THE PERIOD OF STABILITY.
PAGE 72-SENATE BILL 26-149
(27 .5) "PSYCHIATRIC DETERIORATION" MEANS A MEASURABLE
DECLINE IN OVERALL FUNCTIONING DUE TO THE PERSON'S MENTAL HEALTH
DISORDER. PSYCHIATRIC DETERIORATION MAY BE EVIDENCED BY, BUT NOT
LIMITED TO, A PERSON'S INCREASED SEVERITY OR FREQUENCY OF SYMPTOMS,
DIMINISHED ABILITY TO PERFORM ACTIVITIES OF DAILY LIVING RES UL TING IN
MENTAL, EMOTIONAL, OR PHYSICAL HARM, OR AN INABILITY TO RECOGNIZE
THE NEED FOR INTERVENTION, WHICH HAS A SUBSTANTIAL PROBABILITY OF
RESULTING IN HARM OR FURTHER DECOMPENSATION TO THE PERSON.
(32) "SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS" MEANS AN
APPRECIABLE AND CONSIDERABLE RISK THAT THE PERSON WILL COMMIT A
CRIMINAL ACT AGAINST A PERSON NOW OR IN THE REASONABLY
FORESEEABLE FUTURE THAT CAUSES SERIOUS BODILY INJURY, AS DEFINED IN
SECTION 18-1-901, TO ANOTHER PERSON, OR IS LIKELY TO CAUSE SERIOUS
EMOTIONAL DISTRESS TO A REASONABLE PERSON.
SECTION 4. In Colorado Revised Statutes, 27-65-104, amend
(6)(d)(I) introductory portion as follows:
27-65-104. Voluntary applications for mental health services -
treatment of minors -definition.
( 6) ( d) (I) The minor or the minor's attorney or guardian ad litem
may, at any time after the minor has continued to affirm the minor's
objection to hospitalization pursuant to subsection ( 6)(b) of this section, file
a written request that the recommendation for continued hospitalization be
reviewed by the court or that the treatment be on an outpatient basis. If
review is requested, the court shall hear the matter within ten days after the
request, and the court shall give notice of the time and place of the hearing
to the minor; the minor's attorney, if any; the minor's parents or legal
guardian; the minor's guardian ad litem, if any; the independent professional
person; and the minor's treating team. The hearing must be held in
accordance with section 27-65-113 SECTION 27-65-113 .1; except that the
court or jury shall determine that the minor is in need of care and treatment
if the court or jury makes the following findings:
SECTION 5. In Colorado Revised Statutes, 27-65-106, amend (1)
introductory portion, (l)(a), (l)(b)(I), (2), (3), (4)(a)(III), (4)(c), (4)(d),
(6)(a), (8)(d)(I), and (l0)(b); and add (4)(a.5), (7)(a.5), and (l0)(e) as
follows:
PAGE 73-SENATE BILL 26-149
27-65-106. Emergency mental health hold - screening -
court-ordered evaluation -discharge instructions -respondent's rights.
(1) An emergency mental health hold may be invoked INITIATED
under one of the following conditions:
(a) (I) When a certified peace officer has probable cause to believe
a person has a mental health disorder and, as a result of the mental health
disorder, is an imminent danger to the person's self, or AN IMMINENT
DANGER TO others, or is gravely disabled, the certified peace officer may
take the person into protective custody and transport the person to a facility
designated by the commissioner for an emergency mental health hold. If
sueh a facility is not available, the certified peace officer may transport the
person to an emergency medical services facility. The certified peace officer
may request assistance from a behavioral health crisis response team for
assistance in detaining and transporting the person or an emergency medical
services provider in transporting the person; or
(II) When an intervening professional reasonably believes that a
person appears to have a mental health disorder and, as a result of the
mental health disorder, appears to be an imminent danger to the person's
self, or AN IMMINENT DANGER TO others, or appears to be gravely disabled,
the intervening professional may cause the person to be taken into
protective custody and transported to a facility designated by the
commissioner for an emergency mental health hold. If sueh a facility is not
available, the certified peace officer may transport the person to an
emergency medical services facility. The intervening professional may
request assistance from a certified peace officer, a secure transportation
provider, or a behavioral health crisis response team for assistance in
detaining and transporting the person, or assistance from an emergency
medical services provider in transporting the person.
(b) (I) When a person petitions the court in the county in which the
respondent resides or is physically present requesting an evaluation of the
respondent's condition and alleging that the respondent appears to have a
mental health disorder and, as a result of the mental health disorder, appears
to be a danger to the respondent's self, or A DANGER TO others, or appears
to-be gravely disabled.
(2) (a) When a person is taken into custody pursuant to subsection
PAGE 74-SENATE BILL 26-149
( 1) of this section, the person must not be detained in a jail, lockup, or other
place used for the confinement of persons charged with or convicted of
penal offenses. Unless otherwise required by law, a certified peace officer
may transport the person to an emergency medical services facility or
facility designated by the commissioner FOR AN EMERGENCY MENTAL
HEALTH HOLD even if a warrant has been issued for the person's arrest if the
certified peace officer believes it is in the best interest of the person. The
person must not be held on an emergency mental health hold for longer than
seventy-two hours after the hold is placed or ordered. Nothing in this
section prohibits an emergency medical services facility from involuntarily
holding the person in order to stabilize the person as required pursuant to
the federal "Emergency Medical Treatment and Labor Act", 42 U.S.C. sec.
1395dd, or if the treating professional determines that the individual's
PERSON'S physical or mental health disorder impairs the person's ability to
make an informed decision to refuse care and the provider determines that
further care is indicated.
(b) THIS SECTION DOES NOT PRECLUDE:
(I) A COURT FROM ORDERING AN EVALUATION AT THE JAIL WHEN THE
PERSON IS LAWFULLY CONFINED IN JAIL BECAUSE THE PERSON IS CHARGED
WITH OR CONVICTED OF A PENAL OFFENSE; OR
(II) A PERSON OR ENTITY THAT HAS CARE AND CUSTODY OF A
DETAINED PERSON FROM TRANSPORTING THE DETAINED PERSON TO AN
EMERGENCY MEDICAL SERVICES FACILITY OR FACILITY DESIGNATED BY THE
COMMISSIONER FOR AN EMERGENCY MENTAL HEALTH HOLD.
(3) When a person is placed on an emergency mental health hold
pursuant to subsection (1) of this section and is presented to an emergency
medical services facility or a facility designated by the commissioner FOR
AN EMERGENCY MENTAL HEAL TH HOLD, the facility shall require a
BHA-approved application in writing, stating the circumstances under
which the person's condition was called to the attention of the intervening
professional or certified peace officer and further stating sufficient facts,
obtained from the intervening professional's or certified peace officer's
personal observations or obtained from others whom the intervening
professional or certified peace officer reasonably believes to be reliable, to
establish that the person has a mental health disorder and, as a result of the
mental health disorder, is an imminent danger to the person's self, or A
PAGE 75-SENATE BILL 26-149
DANGER TO others, or is gravely disabled. The application must indicate
when the person was taken into custody and who brought the person's
condition to the attention of the intervening professional or certified peace
officer. A copy of the application must be furnished to the person being
evaluated, and the application must be retained in accordance with section
27-65-123 (4).
(4) (a) The petition for a court-ordered evaluation filed pursuant to
subsection ( 1 )(b) of this section must contain the following:
(III) Allegations of fact indicating that the respondent may have a
mental health disorder and, as a result of the mental health disorder, MAY
be a danger to the respondent's self, or A DANGER TO others, or be gravely
disabled and showing reasonable grounds to warrant an evaluation;
(a.5) THE PETITION FOR A COURT-ORDERED EVALUATION FILED
PURSUANT TO SUBSECTION (l)(b) OF THIS SECTION MAY CONTAIN THE
RESPONDENT'S HISTORY OF EMERGENCY MENTAL HEALTH HOLDS INVOKED
PURSUANT TO SECTION 27-65-106, CERTIFICATIONS FOR SHORT-TERM
TREATMENT OR LONG-TERM CARE AND TREATMENT, FINDINGS OF
INCOMPETENCY TO PROCEED PURSUANT TO ARTICLE 8 OR 8.5 OF TITLE 16,
AND INPATIENT PSYCHIATRIC HOSPITALIZATIONS, AND A STATEMENT
WHETHER THE PETITIONER BELIEVES THE RESPONDENT HAS A PERSISTENT
MENTAL HEALTH DISORDER. IN DETERMINING WHETHER PROBABLE CAUSE
EXISTS TO ORDER AN EVALUATION, THE COURT SHALL CONSIDER ANY
HISTORY OF EMERGENCY MENTAL HEALTH HOLDS INVOKED PURSUANT TO
SECTION 27-65-106, CERTIFICATIONS FOR SHORT-TERM TREATMENT OR
LONG-TERM CARE AND TREATMENT, FINDINGS OF INCOMPETENCY TO
PROCEED PURSUANT TO ARTICLE 8 OR 8.5 OF TITLE 16, AND INPATIENT
PSYCHIATRIC HOSPITALIZATIONS, AND WHETHER THE RESPONDENT MAY
QUALIFY AS HA YING A PERSISTENT MENTAL HEAL TH DISORDER.
( c) Following the screening described in subsection ( 4 )(b) of this
section, the facility, intervening professional, or certified peace officer
designated by the court shall file a report with the court and may initiate an
emergency mental health hold at the time of screening. The report must
include a recommendation as to whether probable cause exists to believe
that the respondent has a mental health disorder and, as a result of the
mental health disorder, is a danger to the respondent's self, or A DANGER TO
others, or is gravely disabled, and whether the respondent will voluntarily
PAGE 76-SENATE BILL 26-149
receive evaluation or treatment. The screening report submitted to the court
pursuant to this subsection ( 4 )( c) is confidential in accordance with section
27-65-123 and must be furnished to the respondent or the respondent's
attorney or personal representative.
( d) Whenever it appears, by petition and screening pursuant to this
section, to the satisfaction of the court that probable cause exists to believe
that the respondent has a mental health disorder and, as a result of the
mental health disorder, is a danger to the respondent's self, or A DANGER TO
others, or is gravely disabled, and that efforts have been made to secure the
cooperation of the respondent but the respondent has refused or failed to
accept AN evaluation voluntarily, the court shall issue an order for AN
evaluation authorizing a certified peace officer or secure transportation
provider to take the respondent into custody and transport the respondent to
a facility designated by the commissioner for an emergency mental health
hold. At the time the respondent is taken into custody, a copy of the petition
and the order for AN evaluation must be given to the respondent and
promptly thereafter to the one lay person designated by the respondent and
to the person in charge of the facility named in the order or the respondent's
designee. If the respondent refuses to accept a copy of the petition and the
order for AN evaluation, Stteh THE refusal must be documented in the
petition and the order for THE evaluation.
(6) (a) Each person detained for an emergency mental health hold
pursuant to this section shall receive an evaluation as soon as possible after
the person is presented PRESENTS to the facility, OR AS SOON AS POSSIBLE
WHERE THE PERSON IS CONFINED FOR A CRIMINAL CHARGE IF THE PERSON IS
ALREADY LA WFULL y CONFINED IN JAIL, and shall receive such treatment and
care as the person's condition requires for the full period that the person is
held. The evaluation must include an assessment to determine if the person
continues to meet the criteria for an emergency mental health hold and
requires further mental health care in a facility designated by the
commissioner. The evaluation must state whether the person should be
released, referred for further care and treatment on a voluntary basis, or
certified for short-term treatment pursuant to section 27-65-109.
(7) (a.5) A PERSON WHO IS LAWFULLY CONFINED FOR A CRIMINAL
CHARGE IN JAIL MAY BE PLACED ONLY IN A SECURE PLACEMENT OR MAY BE
CARED FOR IN THE PERSON'S PLACE OF CONFINEMENT WHILE THE PERSON IS
LAWFULLY DETAINED. IF A PERSON PLACED UNDER AN EMERGENCY MENTAL
PAGE 77-SENATE BILL 26-149
HEALTH HOLD IS RELEASED FROM CONFINEMENT, THE PERSON OR ENTITY
RESPONSIBLE FOR THE PERSON'S CONFINEMENT SHALL COORDINATE WITH
THE BHA TO TRANSFER THE PERSON TO AN EMERGENCY MEDICAL SERVICES
FACILITY OR A FACILITY DESIGNATED BY THE COMMISSIONER FOR AN
EMERGENCY MENTAL HEALTH HOLD.
(8) ( d) (I) The facility shall, at a minimum, attempt to follow up with
the person, the person's parent or legal guardian, or the person's lay person
at least f-orcy-eight SEVENTY-TWO hours after discharge. The facility is
encouraged to utilize peer support professionals, as defined in section
27-60-108 (2)(b), when perfonning follow-up care with individuals and in
developing a continuing care plan pursuant to subsection (8)(a)(I) of this
section. The facility may facilitate follow-up care through contracts with
community-based behavioral health providers or the 988 crisis hotline
operated pursuant to section 27-64-103. If the facility facilitates follow-up
care through a third-party contract, the facility shall obtain authorization
from the person to provide follow-up care.
( 10) (b) A person's rights under PURSUANT TO this subsection ( 10)
may only be denied if access to the item, program, or service causes the
person to destabilize or creates a danger to the person's self or A DANGER TO
others, as detennined by a licenced LICENSED provider involved in the
person's care. Denial of any right must be entered into the person's treatment
record and must be made available, upon request, to the person, the person's
legal guardian, or the person's attorney.
(e) NOTWITHSTANDING SUBSECTION (l0)(b) OF THIS SECTION, A
PERSON'S RIGHTS PURSUANT TO THIS SUBSECTION ( 10) MAY BE RESTRICTED
IN ANY MANNER ALLOWED BYLAW IF THE PERSON IS LAWFULLY CONFINED
FOR A CRIMINAL CHARGE IN JAIL.
SECTION 6. In Colorado Revised Statutes, 27-65-107, amend ( 1 ),
(2), (4)(a)(IV), and (4)(b) as follows:
27-65-107. Emergency transportation -application -screening
- respondent's rights.
(1) (a) \.\'hen IF a certified peace officer or emergency medical
services provider has probable cause to believe a person is experiencing a
behavioral health crisis or-is AND, WITHOUT PROFESSIONAL INTERVENTION,
PAGE 78-SENATE BILL 26-149
MA y BE A DANGER TO THE PERSON'S SELF, A DANGER TO OTHERS, OR gravely
disabled, and, as a result, without prnfessional inter vcntion the person may
be a dangct to the pct son's sclfot othcts, then the certified peace officer or
emergency medical services provider may take the person into protective
custody and transport the person to an outpatient mental health facility or
a facility designated by the commissioner FOR AN EMERGENCY MENTAL
HEAL TH HOLD or other clinically appropriate facility designated by the
commissioner. If such a set vice A FACILITY is not available, the person may
be taken to an emergency medical services facility.
(b) An individual A PERSON may not be transported pursuant to this
subsection ( 1) if an intervening professional has assessed the person during
the same emergency event and determined the individual PERSON does not
meet the criteria for an emergency mental health hold pursuant to section
27-65-106.
( c) If a behavioral heath crisis response team is known to be
available in a timely manner, the certified peace officer or emergency
medical services provider shall access the behavioral health crisis response
team prior to INVOLUNTARILY transporting an individual involuntatil)I A
PERSON pursuant to this subsection ( 1 ).
(2) When a person is transported against the person's will pursuant
to subsection (1) of this section, the facility shall require an application, in
writing, stating the circumstances under which the person's condition was
called to the attention of the certified peace officer or emergency medical
services provider and further stating sufficient facts, obtained from personal
observations or obtained from others whom the certified peace officer or
emergency medical services provider reasonably believes to be reliable, to
establish that the person is experiencing a behavioral health crisis or is
gravely disabled and, as a result, it is believed that without professional
intervention the person may be a danger to the person's self or A DANGER TO
others. The application must indicate the name of the person and the time
the person was transported. A copy of the application must be furnished to
the person being transported.
( 4) (a) A person detained pursuant to this section has the following
rights while being detained, which must be explained to the person before
being transported to a receiving facility:
PAGE 79-SENATE BILL 26-149
(IV) To keep and use the person's cell phone, unless access to the
cell phone causes the person to destabilize or creates a danger to the
person's self or A DANGER TO others, as determined by a provider, facility
staff member, or security personnel involved in the person's care;
(b) A person's rights pursuant to subsection ( 4 )(a) of this section
may only be denied if access to the item, program, or service causes the
person to destabilize or creates a danger to the person's self or A DANGER TO
others, as determined by a licensed provider involved in the person's care
or transportation. Denial of any right must be entered into the person's
treatment record or BRA-approved form. Information pertaining to a denial
ofrights contained in the person's treatment record must be made available,
upon request, to the person, the person's attorney, or the person's lay person.
SECTION 7. In Colorado Revised Statutes, amend 27-65-108 as
follows:
27-65-108. Care coordination for persons certified or in need of
ongoing treatment.
(1) A facility designated by the commissioner shall notify and
engage the BHA prior to terminating or transferring a person certified
pursuant to section 27-65-108.5, 27-65-109, 27-65-109.5, 27-65-110, or
27-65-111. The BHA may SHALL provide care coordination services to
support a person whose certification is terminated but who is in need of
ongoing treatment and services.
(2) The BHA shall, directly or through a contract, provide care
coordination services to a person certified pursuant to section 27-65-108.5,
27-65-109, 27-65-109.5, 27-65-110, or 27-65-111 and determined by the
designated facility and the BHA to need care coordination services.
SECTION 8. In Colorado Revised Statutes, add 27-65-108.3 as
follows:
27-65-108.3. Criteria and standards for certification for
short-term treatment and certification for long-term care and
treatment.
(1) ARESPONDENTMAYBECERTIFIEDFORSHORT-TERMTREATMENT
PAGE 80-SENATE BILL 26-149
PURSUANT TO SECTION 27-65-108.5, 27-65-109, OR 27-65-109.5, OR
CERTIFIED FOR LONG-TERM CARE AND TREATMENT PURSUANT TO SECTION
27-65-110, IF:
(a) THE RESPONDENT HAS BEEN ADVISED OF THE AVAILABILITY OF,
BUT HAS NOT ACCEPTED, VOLUNTARYTREATMENTOR, WITH CONSIDERATION
OF ALL REASONABLY AVAILABLE INFORMATION, INCLUDING THE RELEVANT
HISTORY OF THE RESPONDENT, THERE ARE REASONABLE GROUNDS TO
BELIEVE THAT THE RESPONDENT WILL NOT REMAIN IN A VOLUNTARY
TREATMENTPROGRAM;AND
(b) THE RESPONDENT, BY CLEAR AND CONVINCING EVIDENCE, HAS A
MENTAL HEALTH DISORDER AND, AS A RESULT OF THE MENTAL HEALTH
DISORDER, THE RESPONDENT IS A DANGER TO THE RESPONDENT'S SELF, A
DANGER TO OTHERS, OR GRAVELY DISABLED.
(2) WHEN EVALUATING A PERSON TO DETERMINE WHETHER THE
PERSON MEETS THE CRITERIA PURSUANT TO SUBSECTION ( 1) OF THIS
SECTION, THE COURT, EVALUATOR, OR INTERVENING PROFESSIONAL SHALL
TAKE INTO CONSIDERATION:
(a) THE PERSON'S STATEMENTS AND INSIGHTS INTO THE PERSON'S
OWN MENTAL HEALTH DISORDER;
(b) CLINICAL DIAGNOSIS AND CLINICAL PERSPECTIVE ON THE
PERSON'S CURRENT MENTAL STATE AND PROGNOSIS;
( c) THE PERSON'S WILLINGNESS TO VOLlJNT ARIL Y SEEK AND COMPLY
WITH A TREATMENT PLAN IN THE REASONABLY FORESEEABLE FUTURE;
(d) RECENT OVERT ACTS BY THE PERSON TO THREATEN, CAUSE, OR
ATTEMPT TO CAUSE HARM TO THE PERSON'S SELF OR OTHERS;
( e) PREVIOUS PATTERNS OF DETERIORATION THAT RESULTED IN THE
PERSON'S HOSPITALIZATION, ARREST, OR CERTIFICATION FOR SHORT-TERM
TREATMENT;
(f) WHETHER THE PERSON WAS FOUND IN A CONDITION WHERE THE
PERSON WAS NOT ABLE TO CARE FOR THE PERSON'S OWN BASIC NEEDS IN
ORDER TO A VOID THE RISK OF SERIOUS PHYSICAL HARM; AND
PAGE 81-SENATE BILL 26-149
(g) THE FREQUENCY, RECENCY, AND SEVERITY OF THE
CONSIDERATIONS DESCRIBED IN SUBSECTIONS (2)(b) TO (2)(f) OF THIS
SECTION AND THE LIKELIHOOD THAT THE CONDITIONS AND EVENTS WILL
REOCCUR WITHOUT INVOLUNTARY TREATMENT.
(3) WHEN EVALUATING WHETHER A PERSON IS A DANGER TO THE
PERSON'S SELF OR A DANGER TO OTHERS, IS GRAVELY DISABLED, OR POSES
A SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS, THE COURT, EVALUATOR,
PROFESSIONAL PERSON, OR INTERVENING PROFESSIONAL SHALL, WHENEVER
POSSIBLE, USE ALL REASONABLE EFFORTS TO LEARN ABOUT PRIOR RELEVANT
BEHAVIORS AND PRIOR DIAGNOSES THROUGH AVAILABLE AND RELIABLE
SOURCES, INCLUDING THE PERSON'S PRIOR MEDICAL AND MENTAL HEALTH
RECORDS, POLICE REPORTS, AND INFORMATION FROM RELIABLE INDIVIDUALS
WHO HA VEA RELATIONSHIP OR REGULAR SUBSTANTIAL INTERACTIONS WITH
THE PERSON.
(4) THE COURT, EVALUATOR, PROFESSIONAL PERSON, OR
INTERVENING PROFESSIONAL SHALL CONSIDER WHETHER THE PERSON HAS A
HISTORY OF EMERGENCY MENTAL HEALTH HOLDS INVOKED PURSUANT TO
SECTION 27-65-106, CERTIFICATIONS FOR SHORT-TERM TREATMENT OR
LONG-TERM CARE AND TREATMENT, FINDINGS OF INCOMPETENCY TO
PROCEED PURSUANT TO ARTICLE 8 OR 8.5 OF TITLE 16, AND INPATIENT
PSYCHIATRIC HOSPITALIZATIONS, AND WHETHER THE PERSON MAY QUALIFY
AS HA YING A PERSISTENT MENTAL HEAL TH DISORDER.
(5) THE COURT OR PROFESSIONAL PERSON SHALL ASSESS A PERSON
WHO IS INCARCERATED OR IN INPATIENT TREATMENT AS IF THE PERSON WERE
IN THE COMMUNITY WHEN EVALUATING WHETHER THE PERSON MEETS THE
CRITERIA PURSUANT TO SUBSECTION (1) OF THIS SECTION.
SECTION 9. In Colorado Revised Statutes, 27-65-108.5, amend
( 1) introductory portion, ( 1 )(b ), ( 1 )( d), (2), (3 ), (8), and (9); repeal ( 10) and
(11); and add (2.1), (2.5), (7.1), and (7.5) as follows:
27-65-108.5. Court-ordered certification for short-term
treatment for incompetent defendants in a criminal matter -contents
of petition -procedure to contest petition -commitment to behavioral
health administration -definition.
(1) Upon petition of A COUNTY ATTORNEY, AN APPOINTED LEGAL
PAGE 82-SENATE BILL 26-149
GUARDIAN, the district attorney, AN INTERVENING PROFESSIONAL ACTING
WITHIN THE SCOPE OF THEIR AUTHORITY, a professional person, a
representative of the BHA, or a representative of the office of civil and
forensic mental health CDHS, a court may SHALL certify a person for
short-term treatment for not more than three months under the following
conditions:
(b) The court hearing the criminal matter referred the matter for
filing of a petition pursuant to section 16-8.5-111 m 16-8.5-116.5 SECTION
16-8.5-117;
(d) The facility or community provider that will provide short-term
treatment has been designated m appt o v ed by the commissionet to pt e, v ide
such tteatment PERSON MEETS THE CRITERIA FOR CERTIFICATION FOR
SHORT-TERM TREATMENT PURSUANT TO SECTION 27-65-108.3 ( 1 ); and
(2) The petition filed pursuant to subsection ( 1) of this section must:
(a) State sufficient facts to establish reasonable grounds that the
respondent has a mental health dism det and, as a I esult of the mental health
dism der, is a dai,ger to the I espondent's self m others 01 is-gravely disabled
MEETS THE CRITERIA FOR CERTIFICATION FOR SHORT-TERM TREATMENT
PURSUANT TO SECTION 27-65-108.3 (l);
(b) Be accompanied by a report of the competency evaluator or
professional person who has evaluated the respondent within fifty-six
NINETY-ONE days before submission of SUBMITTING the petition, unless the
respondent whose certification is sought has refused to submit to an
evaluation or the respondent cannot be evaluated due to the respondent's
condition;
( c) Be filed within fourteen days after the initiating party received
the court order from the criminal court initiating the process; AND
(d) De filed with the court in the county where the respondent
1esided m was physically present immediately pdm to the filing of the
petition, except that if the person was anested for the ptim ease and held in
custody, the petition may be filed in the county where the respondent
resided m was physically present immediately ptim to the respondent's
ancst, and
PAGE 83-SENATE BILL 26-149
ftj ( d) Provide recommendations if any certification should occur
on an inpatient or outpatient basis.
(2.1) THE PETITION FILED PURSUANT TO SUBSECTION (1) OF THIS
SECTION MAY CONTAIN THE RESPONDENT'S HISTORY OF EMERGENCY MENTAL
HEALTH HOLDS INVOKED PURSUANT TO SECTION 27-65-106, CERTIFICATIONS
FOR SHORT-TERM TREATMENT OR LONG-TERM CARE AND TREATMENT,
FINDINGS OF INCOMPETENCY TO PROCEED PURSUANT TO ARTICLE 8 OR 8.5 OF
TITLE 16, AND INPATIENT PSYCHIATRIC HOSPITALIZATIONS, AND A
ST A TEMENT AS TO WHETHER THE PETITIONER BELIEVES THE RESPONDENT
HAS A PERSISTENT MENTAL HEALTH DISORDER.
(2.5) (a) AN EMERGENCY MENTAL HEALTH HOLD ORDERED
PURSUANT TO SECTION 27-65-106 IS NOT A PREREQUISITE TO INITIATE A
CERTIFICATION FOR SHORT-TERM TREATMENT PURSUANT TO THIS SECTION.
(b) A RESPONDENT IS NOT REQUIRED TO BE UNDER THE CARE OF AN
APPROPRIATE PROVIDER WHO IS WILLING TO HOLD A CERTIFICATION FOR
SHORT-TERM TREATMENT IN ORDER TOINITIATEACERTIFICATIONPURSUANT
TO THIS SECTION.
(3) Within twenty-four hours after certification, copies of the
certification must be personally delivered to the respondent, the BHA or the
office of civil and forensic mental health CDHS, AND ANY KNOWN
PROVIDER OR FACILITY THAT HAS CUSTODY OF THE RESPONDENT. The
department shall retain a copy as part of the respondent's record. If the
criminal case is pending, or not yet dismissed, THE PETITIONING PARTY
SHALL GIVE notice of the filing of the petition should be given by the
petitioning party to the criminal court, which AND THE COURT shall provide
sueh THE notice to the prosecuting and defense attorneys in the criminal
case and any attorney appointed pursuant to section 27-65-113 SECTION
27-65-113.5. The court shall ask the respondent to designate one other
person whom the respondent wants to be informed regarding the petition.
If the respondent is incapable of making such a designation at the time the
petition is delivered, the court may ask the respondent to designate such
person as soon as the respondent is capable.
(7.1) (a) IF THE RESPONDENT IS CERTIFIED FOR SHORT-TERM
TREATMENT, UNLESS AN APPROPRIATE PROVIDER HAS ALREADY BEEN
IDENTIFIED AND IS WILLING TO HOLD THE CERTIFICATION, THE COURT SHALL
PAGE 84-SENATE BILL 26-149
ORDER CDHS TO PROVIDE CARE COORDINATION AND MAKE DILIGENT
EFFORTS TO FIND A PROVIDER FOR THE RESPONDENT.
(b) THE DEPARTMENT MAY RECEIVE AND POSSESS ALL INFORMATION
RELEVANT TO THE PROCEEDINGS PURSUANT TO THIS SECTION, INCLUDING
COMPETENCY EVALUATIONS, ANY MEDICAL AND MENTAL HEAL TH RECORDS
FOR WHICH A WAIVER OR PRIVILEGE HAS BEEN FOUND IN PROCEEDINGS
PURSUANT TO THIS SECTION OR PURSUANT TO ARTICLE 8.5 OF TITLE 16, AND
RELEVANT CRIMINAL JUSTICE RECORDS, INCLUDING ANY CRIMINAL HISTORY
OF THE RESPONDENT.
( C) THE COURT MAY ORDER:
(I) THE PETITIONER AND ANY DISTRICT ATTORNEY RESPONSIBLE FOR
PROSECUTING A CRIMINAL CASE THAT LED TO PROCEEDINGS PURSUANT TO
THIS SECTION OR SECTION 16-8.5-117 TO SEND RELEVANT RECORDS TO
CDHS WITHIN SEVEN DAYS AFTER THE COURT'S ORDER; AND
(II) ANY CURRENT OR FORMER ATTORNEY WHO REPRESENTED THE
RESPONDENT IN ANY PROCEEDING TO SEND MATERIALS TO CDHS, WITH THE
RESPONDENT'S CONSENT, TO ASSIST IN CARE COORDINATION.
(d) CDHS MAY, AS NECESSARY, SHARE INFORMATION WITH
POTENTIALLY APPROPRIATE CARE PROVIDERS AND THE PARTIES, AND SHALL
KEEP THE COURT APPRISED IN WRITING OF EFFORTS TO FIND AN APPROPRIATE
PROVIDER FOR THE RESPONDENT.
(7.5) IF THE COURT CERTIFIES THE RESPONDENT FOR SHORT-TERM
TREATMENT AND THE COURT FINDS THAT INPATIENT TREATMENT IS
NECESSARY PURSUANT TO SECTION 27-65-118 (l)(a), BUT AN INPATIENT
CARE PROVIDER HAS NOT BEEN LOCATED THAT WILL ACCEPT THE
RESPONDENT AFTER ALL REASONABLE EFFORTS HA VE BEEN EXHAUSTED, THE
COURT SHALL NOTIFY CDHS AND CERTIFY THE RESPONDENT FOR
OUTPATIENT TREATMENT PURSUANT TO SECTION 27-65-109.5.
(8) The respondent or the respondent's attorney may, at any time, file
a written request for the court to review short-term certification or request
that inpatient certification be changed to outpatient treatment. If the review
is requested, the court shall hear the matter within fourteen days after the
request, and the court shall give notice to the respondent, the respondent's
PAGE 85-SENATE BILL 26-149
attorney, the department, and the community or facility provider who is or
will provide treatment. The hearing must be held in accordance with section
27-65-113 SECTION 27-65-113 .1. At the conclusion of the hearing, the court
may enter or confirm the certification for short-term treatment, discharge
the respondent, or enter any other appropriate order.
(9) Section 27-65-109 (7) to (10) applies to prnc-eedings held
pursuant to this section IN DETERMINING WHETHER TO CERTIFY THE
RESPONDENT OR RULING UPON ANY OBJECTION TO THE CERTIFICATION, THE
COURT SHALL CONSIDER THE RESPONDENT'S HISTORY OF EMERGENCY
MENTAL HEALTH HOLDS INVOKED PURSUANT TO SECTION 27-65-106,
CERTIFICATIONS FOR SHORT-TERM TREATMENT OR LONG-TERM CARE AND
TREATMENT, FINDINGS OF INCOMPETENCY TO PROCEED PURSUANT TO
ARTICLE 8 OR 8.5 or TITLE 16, AND INPATIENT PSYCHIATRIC
HOSPITALIZATIONS, AND WHETHER THE RESPONDENT QUALIFIES AS HA YING
A PERSISTENT MENTAL HEAL TH DISORDER.
(10) In-assessing-whther the 1espondc1tt with a pending criminal
charge is a danger to self or others or is gravely disabled, if the person is
incarcerated, the prnfessional pezson and court shall not rely upon the fact
that the per son is incarcerated to establish that the respondent is not-a
danger to self or others 0t is not gravely disabled.
(11) An emergency 111entct] health hold pursuant to section
27-65-106 is not a prerequisite to a proceeding pursuant to this section.
SECTION 10. In Colorado Revised Statutes, 27-65-109, amend
(1), (2) introductory portion, (2)(a), and (9); repeal (7); and add (2.5) and
(11) as follows:
27-65-109. Certification for short-term treatment -procedure.
( 1) A person may be certified for not more than three months for
short-term treatment under the following conditions:
(a) The professional staff of the facility detaining the person on an
emergency mental health hold has evaluated the person and has found the
person has a mental health disorder and, as a I esult of the mental health
disorder, is a danger to the person's self or others or is gravely disabled
MEETS THE CRITERIA FOR CERTIFICATION FOR SHORT-TERM TREATMENT
PAGE 86-SENATE BILL 26-149
PURSUANT TO SECTION 27-65-108.3 ( 1 );
(b) The person has been advised of the a"Vailability of, but has not
accepted, voluntary treatment, but, if reasonable grounds exist to believe
that the person will not remain in a voluntary treatment program, the
person's acceptance of voluntary treatment does not pteclttde certification;
te} (b) The facility or community provider that will provide
short-term treatment has been designated by the commissioner to provide
such treatment; and
td) ( c) The person, the person's legal guardian, and the person's lay
person, if applicable, have been advised of the person's right to an attorney
and to contest the certification for short-term treatment.
(2) The notice of certification must be signed by a professional
person who participated in the evaluation CONDUCTED PURSUANT TO
SUBSECTION (1 )(a) OF THIS SECTION. The notice of certification must:
(a) State facts sufficient to establish reasonable grounds to believe
that the respondent has a mental health disorder and, as a result of the
mental health dismder, is a danger to the tespondent's self ot others or is
gravely disabled MEETS THE CRITERIA FOR CERTIFICATION FOR SHORT-TERM
TREATMENT PURSUANT TO SECTION 27-65-108.3 (1);
(2.5) (a) IF THE PROFESSIONAL STAFF OF THE FACILITY DETAINING
THE PERSON ON AN EMERGENCY MENTAL HEALTH HOLD HAS DETERMINED
THE PERSON HAS A PERSISTENT MENTAL HEALTH DISORDER, THE NOTICE OF
CERTIFICATION MUST STATE THAT THE PERSON HAS A PERSISTENT MENTAL
HEAL TH DISORDER AND INCLUDE A SUMMARY OF THE PERSON'S HISTORY OF
EMERGENCY MENTAL HEALTH HOLDS INVOKED PURSUANT TO SECTION
27-65-106, CERTIFICATIONS FOR SHORT-TERM TREATMENT OR LONG-TERM
CARE AND TREATMENT, FINDINGS OF INCOMPETENCY TO PROCEED PURSUANT
TO ARTICLE 8 OR 8.5 OF TITLE 16, AND INPATIENT PSYCHIATRIC
HOSPITALIZATIONS.
(b) IN RULING UPON ANY OBJECTION TO THE CERTIFICATION, THE
COURT SHALL CONSIDER THE PERSON'S HISTORY OF EMERGENCY MENTAL
HEALTH HOLDS INVOKED PURSUANT TO SECTION 27-65-106, CERTIFICATIONS
FOR SHORT-TERM TREATMENT OR LONG-TERM CARE AND TREATMENT,
PAGE 87-SENATE BILL 26-149
FINDINGSOFINCOMPETENCYTOPROCEEDPURSUANTTOARTICLE8OR8.5OF
TITLE 16, AND INPATIENT PSYCHIATRIC HOSPITALIZATIONS, AND WHETHER
THE PERSON QUALIFIES AS HA YING A PERSISTENT MENTAL HEAL TH
DISORDER.
(7) Recotds and papets in prnceedings pmsuant to this section must
be maintained separately by the cletks of the se\letal courts. Upon the
release ofarcy respondent in accordance with section 27-65-112, the facility
shall notify the clerk of the court within the days aftet the telease, and the
clerk shall immediately seal the recmd in the case and omit the name of the
respondent ft om the index of cases in the court until and unless the
respondent becomes subject to an mdet of certification fot long-tenn cate
and treatment pmsuant to section 27-65-110 or until and unless the court
mdets the tecotds ope1ted f-o1 good-cause shown. In the event a petition is
filed pmsuant to section 27-65-110, the certification tecmd may be opened
and become a part of the tecord in the long-tetm cate and tteatnrent case
and the name of the tesponde1tt indexed.
(9) IN ACCORDANCE WITH THE PROCEDURES DESCRIBED IN SECTION
27-65-112, a respondent certified for short-term treatment may be
discharged upon the signature of the treating medical professional and the
medical director of the facility. A respondent certified for short-term
treatment on an outpatient basis may be discharged upon the signature of
the approved professional person overseeing the respondent's treatment, and
the professional person shall notify the BHA prior to the discharge. A
facility or program shall make the respondent's discharge instructions
available to the respondent, the respondent's attorney, and the respondent's
legal guardian, if applicable, within seven days after discharge, if requested.
A facility or program that is transferring a respondent to a different
treatment facility or to an outpatient provider shall provide all treatment
records to the facility or provider accepting the respondent at least
twenty-four hours prior to the transfer.
(11) THE DEPARTMENT AND THE BHA MAY RECEIVE AND POSSESS
ALL INFORMATION RELEVANT TO THE PROCEEDINGS HELD PURSUANT TO THIS
SECTION, INCLUDING COMPETENCY AND MENTAL HEALTH EVALUATIONS;
ANY MEDICAL AND MENTAL HEALTH RECORDS FOR WHICH A WAIVER OR
PRIVILEGE HAS BEEN FOUND IN PROCEEDINGS HELD PURSUANT TO THIS
SECTION OR PURSUANT TO ARTICLE 8 OR 8.5 OF TITLE 16; AND RELEVANT
CRIMINAL JUSTICE RECORDS, INCLUDING ANY CRIMINAL HISTORY OF THE
PAGE 88-SENATE BILL 26-149
RESPONDENT. THE DEPARTMENT MAY SHARE AND DISCUSS THE RELEVANT
INFORMATION WITH THE PARTIES TO THE PROCEEDINGS.
SECTION 11. In Colorado Revised Statutes, add 27-65-109.5 as
follows:
27-65-109.5. Certification for short-term outpatient treatment.
(1) A PERSON MAY BE CERTIFIED FOR NOT MORE THAN THREE
MONTHS FOR SHORT-TERM OUTPATIENT TREATMENT IF A PROFESSIONAL
PERSON OR INTERVENING PROFESSIONAL ACTING WITHIN THE SCOPE OF THEIR
AUTHORITY AND LICENSURE:
(a) HAS AN ESTABLISHED TREATMENT RELATIONSHIP WITH THE
PERSON, INCLUDING HAVING PROVIDED CARE TO THE PERSON IN THE PAST
THREE MONTHS, WHICH CARE FORMS THE BASIS FOR REQUESTING THE
OUTPATIENT CERTIFICATION;
(b) HAS EVALUATED THE PERSON WITHIN THE PAST THREE MONTHS
AND OPINED THAT THE PERSON MEETS THE CRITERIA FOR CERTIFICATION FOR
SHORT-TERM TREATMENT PURSUANT TO SECTION 27-65-108.3 (l); AND
(c) FILES WITH THE COURT A SIGNED OUTPATIENT CERTIFICATION.
(2) (a) THE PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL
ACTING WITHIN THE SCOPE OF THEIR AUTHORITY AND LICENSURE IS THE
PETITIONER.
(b) PRIOR TO FILING THE PETITION, THE PETITIONER SHALL:
(I) ASK THE RESPONDENT TO DESIGNATE A LAY PERSON WHOM THE
RESPONDENT WISHES TO BE INFORMED REGARDING THE OUTPATIENT
CERTIFICATION;
(II) PROVIDE THE RESPONDENT WITH A COPY OF THE OUTPATIENT
CERTIFICATION; AND
(Ill) PROVIDE THE RESPONDENT WITH THE CONT ACT INFORMATION
FOR THE COURT IN WHICH THE OUTPATIENT CERTIFICATION WILL BE FILED
AND FOR ANY DESIGNATED PROVIDER THAT IS WILLING TO HOLD THE
PAGE 89-SENATE BILL 26-149
OUTPATIENT CERTIFICATION AND THAT HAS BEEN IDENTIFIED BY THE
COMMISSIONER TO PROVIDE TREATMENT.
(3) THE SIGNED OUTPATIENT CERTIFICATION MUST:
(a) STATE SUFFICIENT FACTS TO ESTABLISH REASONABLE GROUNDS
THAT THE RESPONDENT MEETS THE CRITERIA SET FORTH IN SECTION
27-65-108.3;
(b) BE FILED WITH THE COURT WITHIN FOURTEEN DAYS, EXCLUDING
SATURDAYS, SUNDAYS, AND COURT HOLIDAYS, AFTER THE INITIATING
PARTY RECEIVED THE COURT ORDER FROM THE CRIMINAL COURT INITIATING
THEOUTPATIENTCERTIFICATION,ANDACOPYMUSTBEPROVIDEDTOCDHS
AND THE BHA WITHIN TWENTY-FOUR HOURS AFTER FILING THE OUTPATIENT
CERTIFICATION;
( c) PROVIDE ALL CONTACT INFORMATION THAT THE PETITIONER HAS
FOR THE RESPONDENT;
(d) PROVIDE THE NAME AND CONTACT INFORMATION FOR THE LAY
PERSON DESIGNATED BY THE RESPONDENT, OR FOR ANY FAMILY OR FRIENDS
OF THE RESPONDENT IF THE RESPONDENT WAS UNWILLING OR INCAPABLE OF
DESIGNATING A LAY PERSON; AND
( e) IDENTIFY ANY DESIGNATED PROVIDER THAT IS WILLING TO HOLD
THE OUTPATIENT CERTIFICATION AND THAT HAS BEEN IDENTIFIED BY THE
COMMISSIONER TO PROVIDE TREATMENT, OR INCLUDE A STATEMENT THAT
A DESIGNATED PROVIDER NEEDS TO BE IDENTIFIED.
(4) (a) IF THE PETITIONER HAS DETERMINED THE RESPONDENT HAS
A PERSISTENT MENTAL HEALTH DISORDER, THE NOTICE OF OUTPATIENT
CERTIFICATION MUST STATE THAT THE RESPONDENT HAS A PERSISTENT
MENTALHEALTHDISORDERANDINCLUDEASUMMARYOFTHERESPONDENT'S
HISTORY OF EMERGENCY MENTAL HEALTH HOLDS INVOKED PURSUANT TO
SECTION 27-65-106, CERTIFICATIONS FOR SHORT-TERM TREATMENT OR
LONG-TERi\1 CARE AND TREATMENT, FIN.DINGS OF INCOMPETENCY TO
PROCEED PURSUANT TO ARTICLE 8 OR 8.5 OF TITLE 16, AND INPATIENT
PSYCHIATRIC HOSPITALIZATIONS.
(b) IN RULING UPON ANY OBJECTION TO THE CERTIFICATION, THE
PAGE 90-SENATE BILL 26-149
COURT SHALL CONSIDER THE RESPONDENT'S HISTORY OF EMERGENCY
MENTAL HEALTH HOLDS INVOKED PURSUANT TO SECTION 27-65-106,
CERTIFICATIONS FOR SHORT-TERM TREATMENT OR LONG-TERM CARE AND
TREATMENT, FINDINGS OF INCOMPETENCY TO PROCEED PURSUANT TO
ARTICLE 8 OR 8.5 OF TITLE 16, AND INPATIENT PSYCHIATRIC
HOSPITALIZATIONS, AND WHETHER THE RESPONDENT QUALIFIES AS HA YING
A PERSISTENT MENTAL HEALTH DISORDER.
(5) (a) ONCE THE BHA RECEIVES THE NOTICE OF OUTPATIENT
CERTIFICATION, IF NO DESIGNATED PROVIDER HAS BEEN IDENTIFIED, THE
BHA SHALL PROVIDE CARE COORDINATION PURSUANT TO SECTION
27-65-108, WHICH INCLUDES MAKING DILIGENT EFFORTS TO IDENTIFY A
DESIGNATED PROVIDER TO HOLD THE OUTPATIENT CERTIFICATION AND
PROVIDE CARE TO THE RESPONDENT. THE BHA SHALL KEEP THE COURT,
PETITIONER, AND COUNTY ATTORNEY INFORMED IN WRITING REGARDING
ANY DESIGNATED PROVIDER THAT WILL HOLD THE OUTPATIENT
CERTIFICATION AND PROVIDE CARE TO THE RESPONDENT.
(b) ONCE A PROVIDER IS DESIGNATED TO HOLD THE OUTPATIENT
CERTIFICATION, THE PROVIDER SHALL NOTIFY THE BHA IF THE PROVIDER
HAS NOT MADE CONTACT WITH THE RESPONDENT WITHIN SEVEN DAYS AFTER
ACCEPTING THE OUTPATIENT CERTIFICATION. THE BHA SHALL NOTIFY THE
COURT IN WRITING THAT THE PROVIDER HAS NOT MADE CONTACT WITH THE
RESPONDENT WITHIN SEVEN DAYS AFTER ACCEPTING THE OUTPATIENT
CERTIFICATION.
( 6) IF THE RESPONDENT HAS NOT DESIGNATED A LAY PERSON WHOM
THE RESPONDENT WISHES TO BE INFORMED REGARDING THE OUTPATIENT
CERTIFICATION, THE RESPONDENT MUST BE ASKED AND ALLOWED TO
DESIGNATE A LAY PERSON AS SOON AS THE RESPONDENT IS CAPABLE AND
WILLING TO DO SO.
(7) WHENEVER AN OUTPATIENT CERTIFICATION IS FILED WITH THE
COURT BY A PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL, THE
COURT SHALL IMMEDIATELY APPOINT AN ATTORNEY TO REPRESENT THE
RESPONDENT. THE RESPONDENT HAS THE RIGHT TO AN ATTORNEY FOR ALL
PROCEEDINGS CONDUCTED PURSUANT TO THIS SECTION, INCLUDING ANY
APPEALS. THE ATTORNEY REPRESENTING THE RESPONDENT MUST BE
PROVIDED WITH A COPY OF THE OUTPATIENT CERTIFICATION AND ALL
SUPPORTING DOCUMENTATION IMMEDIATELY UPON THE ATTORNEY'S
PAGE 91-SENATE BILL 26-149
APPOINTMENT. THE RESPONDENT MAY ONLY WAIVE COUNSEL WHEN THE
RESPONDENT MAKES A KNOWING AND INTELLIGENT WAIVER IN FRONT OF THE
COURT.
(8) THE RESPONDENT OR THE RESPONDENT'S ATTORNEY MAY AT ANY
TIME FILE A WRITTEN REQUEST THAT THE CERTIFICATION FOR SHORT-TERM
TREATMENT OR THE TREATMENT BE REVIEWED BY THE COURT. IF A REVIEW
IS REQUESTED, THE COURT SHALL HEAR THE MA TIER WITHIN TEN DAYS
AFTER THE REQUEST, AND THE COURT SHALL GIVE NOTICE TO THE
RESPONDENT AND THE RESPONDENT'S ATTORNEY AND THE CERTIFYING AND
TREATING PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL OF THE
TIME AND PLACE OF THE HEARING. THE HEARING MUST BE HELD IN
ACCORDANCE WITH SECTION 27-65-113.1. AT THE CONCLUSION OF THE
HEARING, THE COURT MAY ENTER OR CONFIRM THE OUTPATIENT
CERTIFICATIONFORSHORT-TERMTREATMENT,DISCHARGETHERESPONDENT,
OR ENTER ANY OTHER APPROPRIATE ORDER.
(9) THIS SECTION DOES NOT REQUIRE A COURT APPEARANCE IF THE
RESPONDENT DOES NOT CONTEST THE OUTPATIENT CERTIFICATION AND A
DESIGNATED PROVIDER IS IDENTIFIED TO HOLD THE OUTPATIENT
CERTIFICATION AND THE DESIGNATED PROVIDER MAKES CONTACT WITH THE
RESPONDENT WITHIN SEVEN DAYS AFTER THE DESIGNATED PROVIDER BEGINS
HOLDING THE OUTPATIENT CERTIFICATION.
( 10) THE COURT SHALL SET A HEARING WITHIN THIRTY DAYS IF:
(a) THE RESPONDENT REQUESTS TO CONTEST, MODIFY, OR
TERMINATE THE OUTPATIENT CERTIFICATION;
(b) THE OUTPATIENT CERTIFICATION WAS FILED AND A DESIGNATED
PROVIDER WAS NOT IDENTIFIED WITHIN SEVEN DAYS AFTER THE FILING OF
THE OUTPATIENT CERTIFICATION; OR
(c) THE DESIGNATED PROVIDER DID NOT MAKE CONTACT WITH THE
RESPONDENT WITHIN SEVEN DAYS AFTER THE DESIGNATED PROVIDER BEGAN
HOLDING THE OUTPATIENT CERTIFICATION.
( 11) THE COURT MAY SET A COURT REVIEW OR HEARING FOR GOOD
CAUSE SHOWN AT ANY TIME UPON THE REQUEST OF A PARTY, THE COUNTY
ATTORNEY RESPONSIBLE FOR PROCEEDINGS, OR THE COURT'S OWN MOTION.
PAGE 92-SENATE BILL 26-149
(12) THE BHA MAY RECEIVE AND POSSESS ALL INFORMATION
RELEVANT TO THE PROCEEDINGS PURSUANT TO THIS SECTION, INCLUDING
COMPETENCY AND MENTAL HEALTH EVALUATIONS; ANY MEDICAL AND
MENTAL HEALTH RECORDS FOR WHICH A WAIVER OR PRIVILEGE HAS BEEN
FOUND IN PROCEEDINGS PURSUANT TO THIS SECTION OR PURSUANT TO
ARTICLE 8 OR 8.5 OF TITLE 16; AND RELEVANT CRIMINAL JUSTICE RECORDS,
INCLUDING ANY CRIMINAL HISTORY OF THE RESPONDENT. THE BHA MAY
SHARE AND DISCUSS THE RELEVANT INFORMATION WITH THE PARTIES TO THE
PROCEEDINGS.
( 13) IN ACCORDANCE WITH THE PROCEDURES DESCRIBED IN SECTION
27-65-112, A RESPONDENT CERTIFIED FOR SHORT-TERM TREATMENT ON AN
OUTPATIENT BASIS MAY BE DISCHARGED UPON THE SIGNATURE OF THE
APPROVED PROFESSIONAL PERSON OVERSEEING THE RESPONDENT'S
TREATMENT, AND THE PROFESSIONAL PERSON SHALL NOTIFY THE BHA PRIOR
TO THE DISCHARGE. A FACILITY OR PROGRAM SHALL MAKE THE
RESPONDENT'S DISCHARGE INSTRUCTIONS AVAILABLE TO THE RESPONDENT,
THE RESPONDENT'S ATTORNEY, AND THE RESPONDENT'S LEGAL GUARDIAN,
IF APPLICABLE, WITHIN SEVEN DAYS AFTER DISCHARGE, IF REQUESTED. A
FACILITY OR PROGRAM THAT IS TRANSFERRING A RESPONDENT TO A
DIFFERENT TREATMENT FACILITY OR TO AN OUTPATIENT PROVIDER SHALL
PROVIDE ALL TREATMENT RECORDS TO THE FACILITY OR PROVIDER
ACCEPTING THE RESPONDENT AT LEAST TWENTY-FOUR HOURS PRIOR TO THE
TRANSFER.
( 14) IF THE PROFESSIONAL PERSON IN CHARGE OF THE EVALUATION
AND TREATMENT BELIEVES THAT A PERIOD LONGER THAN THREE MONTHS IS
NECESSARY TO TREAT THE RESPONDENT, THE PROFESSIONAL PERSON SHALL
FILE WITH THE COURT AN EXTENDED CERTIFICATION AT LEAST THIRTY DAYS
PRIOR TO THE EXPIRATION DATE OF THE ORIGINAL CERTIFICATION. AN
EXTENDED CERTIFICATION FOR TREATMENT MUST NOT BE FOR A PERIOD OF
MORE THAN THREE MONTHS. THE RESPONDENT IS ENTITLED TO A HEARING
ON THE EXTENDED CERTIFICATION UNDER THE SAME CONDITIONS AS AN
ORIGINAL CERTIFICATION. THE ATTORNEY INITIALLY REPRESENTING THE
RESPONDENT SHALL CONTINUE TO REPRESENT THE RESPONDENT, UNLESS THE
COURT APPOINTS ANOTHER ATTORNEY.
(15) THIS SECTION DOES NOT PRECLUDE ANY PROCEEDINGS OR
ACTIONS PURSUANT TO SECTION 27-65-106, 27-65-108.5, OR 27-65-109.
PAGE 93-SENATE BILL 26-149
SECTION 12. In Colorado Revised Statutes, 27-65-110, amend
(1), (4), and (5) as follows:
27-65-110. Certification for long-term ·care and treatment -
procedure.
(1) Whenever a respondent has received an extended certification
for treatment pursuant to section 27-65-109 ( 10), including as it is applied
to court-ordered certification pursuant to section 27-65-108.5, t9}; the
professional person in charge of the certification for short-term treatment
or the BHA may file a petition with the court at least thirty days prior to the
expiration date of the extended certification for long-tenn care and
treatment of the respondent under the following conditions:
(a) The professional staff of the agency or facility providing
short-term treatment has analyzed the respondent's condition and has found
that the respondent has a mental he.alth disorder and, as a result of the
mental health disorder, is a danger to the respondent's self or others or is
gravely disabled CONTINUES TO MEET THE CRITERIA AND STANDARDS FOR
CERTIFICATION FOR SHORT-TERM TREATMENT PURSUANT TO SECTION
27-65-108.3 (l); AND
(b) The resporident has been advised of the availability of, but has
not accepted, voluntary treatment, but, if I easonable grounds exist to believe
that the I espondent will not remain in a voluntary tr eatmcnt program, the
respondent's acceptance of voluntary treatment does not pr eelude an or det
pmsuant to this section, and
te} (b) The facility that will provide long-term care and treatment
has been designated by the commissioner to provide the care and treatment.
(4) The court or jury shall dete1mine whether the conditions of
subsection ( 1) of this section are met and whether the respondent has-a
mental health dism der and, as a I esult of the mental health disorder, is a
dattger to the respondent's self or others 01 is gr a\i ely disabled CONTINUES
TO MEET THE CRITERIA AND STANDARDS FOR CERTIFICATION FOR
SHORT-TERMTREATMENTPURSUANTTOSECTION27-65-108.3 (1). The court
shall issue an order oflong-term care and treatment for a term not to exceed
six months, discharge the respondent for whom long-term care and
treatment was sought, or enter any other appropriate order. An order for
PAGE 94-SENATE BILL 26-149
long-term care and treatment must grant custody of the respondent to the
BHA for placement with an agency or facility designated by the
commissioner to provide long-term care and treatment. The BHA may
delegate the physical custody of the respondent to a facility designated by
the commissioner and the requirement for the provision of services and care
coordination. When a petition contains a request that a specific legal
disability be imposed or that a specific legal right be deprived, the court
may order the disability imposed or the right deprived if the court or a jury
has determined that the respondent has a mental health disorder or is
gravely disabled and that, as a result, the respondent is unable to
competently exercise the specific legal right or perfonn the function for
which the disability is sought to be imposed. Any interested person may ask
leave of the court to intervene as a copetitioner for the purpose of seeking
the imposition of a legal disability or the deprivation of a legal right.
(5) An original order of long-term care and treatment or any
extension of such order expires on the date specified, unless further
extended as provided in this subsection (5). If an extension is being sought,
the professional person in charge of the evaluation and treatment shall
certify to the court at least thirty days prior to the expiration date of the
order in force that an extension of the order is necessary for the care and
treatment of the respondent subject to the order in force, and a copy of the
certification must be simultaneously delivered to the respondent and
electronically delivered to the respondent's attorney of record. At least
twenty days before the expiration of the order, the court shall give written
notice to the respondent and the respondent's attorney of record that a
hearing upon the extension may be had before the court or a jury upon
written request to the court within ten days after receipt of the notice. If a
hearing is not requested by the respondent within such time, the court may
proceed ex parte. If a hearing is timely requested, the hearing must be held
before the expiration date of the order in force. If the court or jury finds that
the conditions of subsection ( 1) of this section continue to be met and that
the respondent has a mental health disorder and, as a result of the mental
health disorder, is a danger to THE RESPONDENT'S SELF' A DANGER TO others,
or to the respondent's self or is gravely disabled, the court shall issue an
extension of the order. Any extension must not exceed six months, but there
may be as many extensions as the court orders pursuant to this section.
SECTION 13. In Colorado Revised Statutes, 27-65-111, amend
(3), (6) introductory portion, (6)(a), and (6)U) as follows:
PAGE 95-SENATE BILL 26-149
27-65-111. Certification on an outpatient basis - civil
commitment -short-term and long-term treatment.
(3) The facility responsible for providing services to a respondent
on a certification on an outpatient basis shall proactively reach out to the
respondent to engage the respondent in treatment. If the respondent refuses
treatment or court-ordered medication and is decompensating
psychiatrically, the court may order a certified peace officer or secure
transportation provider to transport the respondent to an appropriate,
least-restrictive designated facility in collaboration with the BRA and the
provider holding the certification. The respondent does not need to be
imn1inently dangerous AN IMMINENT DANGER to the respondent's self or AN
IMMINENT DANGER TO others for the provider to request, and the court to
order, transportation to a facility for the respondent to receive treatment and
court-ordered medications. The facility responsible for providing services
to a respondent on a certification on an outpatient basis shall provide the
court information on the facility's proactive outreach to the respondent and
the professional person's and psychiatric advanced practice registered
nurse's basis for medical opinion.
(6) A respondent subject to a CERTIFICATION FOR short-term or
TREATMENT, CERTIFICATION FOR long-term certification CARE AND
TREATMENT, OR CIVIL COMMITMENT PURSUANT TO SECTION 27-65-201 on
an outpatient basis has the following rights, in addition to those enumerated
in section 27-65-119:
(a) To request a change to voluntary status. A change to voluntary
status may be denied by the supervising professional person or advanced
practice registered nurse with training in psychiatric nursing responsible for
the respondent's treatment if the professional person or advanced practice
registered nurse with training in psychiatric nursing determines reasonable
grounds exist to believe that the respondent will not remain in a voluntary
treatment program. THIS SUBSECTION (6)(a) DOES NOT APPLY TO A
RESPONDENT WHO IS CIVILLY COMMITTED PURSUANT TO SECTION 27-65-201.
G) To have the right to file a motion with the court at any time to
contest the certification. THIS SUBSECTION (6)G) DOES NOT APPLY TO A
RESPONDENTWHOISCIVILLYCOMMITTEDPURSUANTTOSECTION27-65-201.
SECTION 14. In Colorado Revised Statutes, 27-65-112, amend (1)
PAGE 96-SENATE BILL 26-149
as follows:
27-65-112. Termination of certification for short-term and
long-term treatment.
( 1) (a) An original or extended certification for short-term treatment
issued pursuant to section 27-65-108.5 or 27-65-109 27-65-108.5,
27-65-109, OR 27-65-109.5, or an order or extension for certification for
long-term care and treatment pursuant to section 27-65-110, terminates a3
soon as WHEN the professional person in charge of treatment of the
respondent and the BHA, AFTER A REASONABLE OBSERVATION AND
TREATMENT PERIOD, detennine the respondent has received sufficient
benefit from the treatment for the respondent to end involuntary treatment.
Whenever a certification or extended certification is terminated ptttsuant to
this section, the professional pet son in chat ge of pm v iding treatment shall
notify the court in writing within five days after the termination NO LONGER
MEETS THE CRITERIA FOR CERTIFICATION FOR SHORT-TERM TREATMENT
PURSUANT TO SECTION 27-65-108.3 (1).
(b) PRIOR TO TERMINATING A CERTIFICATION FOR SHORT-TERM
TREATMENT, THE FACILITY OR COMMUNITY PROVIDER Tl-IA TIS CERTIFIED TO
PROVIDE TREATMENT TO THE RESPONDENT SHALL REVIEW AND CONSIDER
THE REASONABLY AV AI LAB LE HISTORY OF THE RESPONDENT, INCLUDING ANY
HISTORY OF EMERGENCY MENTAL HEALTH HOLDS INVOKED PURSUANT TO
SECTION 27-65-106, CERTIFICATIONS FOR SHORT-TERM TREATMENT OR
LONG-TERM CARE AND TREATMENT, FINDINGS OF INCOMPETENCY TO
PROCEED PURSUANT TO ARTICLE 8 OR 8.5 OF TITLE 16, AND INPATIENT
PSYCHIATRIC HOSPITALIZATIONS.
(c) A CERTIFICATION FOR SHORT-TERM TREATMENT MUST NOT BE
TERMINATED LESS THAN THIRTY DAYS AFTER THE DA TE OF THE INITIAL
CERTIFICATION UNLESS THE TERMINATION COMPLIES WITH SUBSECTION
( 1 )( d) OF THIS SECTION. A CERTIFICATION FOR SHORT-TERM TREATMENT OF
A RESPONDENT WHO HAS A PERSISTENT MENTAL HEALTH DISORDER MUST
NOT BE TERMINATED UNLESS THE TERMINATION COMPLIES WITH SUBSECTION
( 1 )( e) OF THIS SECTION UNLESS THE CERTIFICATION IS BEING TERMINATED
BY:
(I) A COMMUNITY PROVIDER HOLDING AN OUTPATIENT
CERTIFICATION THAT EMPLOYS TWO OR MORE PROFESSIONAL PERSONS; OR
PAGE 97-SENATE BILL 26-149
(II) A FACILITY HOLDING AN INPATIENT CERTIFICATION THAT HAS
TWO OR MORE PROFESSIONAL PERSONS WORKING IN THE TWELVE HOURS
PRECEDING THE TIME PRIOR TO THE TERMINATION.
( d) (I) THE PROFESSIONAL PERSON IN CHARGE OF THE RESPONDENT'S
CARE SHALL NOT APPROVE THE TERMINATION OF THE RESPONDENT'S
CERTIFICATION WITHIN THIRTY DAYS AFTER THE DATE OF THE INITIAL
CERTIFICATION FOR SHORT-TERM TREATMENT UNLESS TWO PROFESSIONAL
PERSONS HA VE INDIVIDUALLY CONSULTED AND REVIEWED THE
RESPONDENT'S CASE AND AGREE THAT THE RESPONDENT NO LONGER MEETS
THE CRITERIA FOR CERTIFICATION FOR SHORT-TERM TREATMENT.
(II) AT LEAST ONE OF THE PROFESSIONAL PERSONS MUST BE THE
PROFESSIONAL PERSON MOST RESPONSIBLE FOR INTERACTING WITH AND
PROVIDING DIRECT CARE AND TREATMENT TO THE RESPONDENT. THE
PROFESSIONAL PERSON IN CHARGE OF THE RESPONDENT'S CARE MAY SERVE
AS ONE OF THE TWO PROFESSIONAL PERSONS IF THE PROFESSIONAL PERSON
IN CHARGE OF THE RESPONDENT'S CARE IS THE PROFESSIONAL PERSON MOST
RESPONSIBLE FOR INTERACTING WITH AND PROVIDING DIRECT CARE AND
TREATMENT TO THE RESPONDENT. THE OTHER PROFESSIONAL PERSON IS NOT
REQUIRED TO INTERACT WITH THE RESPONDENT. THIS SUBSECTION ( 1 )( d)
DOES NOT PREVENT EITHER PROFESSIONAL PERSON FROM INTERACTING WITH
OR EXAMINING THE RESPONDENT IF IT IS MEDICALLY APPROPRIATE.
(III) WHEN CONSUL TING AND REVIEWING THE RESPONDENT'S CASE,
BOTH PROFESSIONAL PERSONS SHALL CONSIDER THE REQUIREMENTS OF
SECTION 27-65-] 08.3 (2), (3), AND ( 4).
( e) THE PROFESSIONAL PERSON IN CHARGE OF THE CARE OF A
RESPONDENT WHO HAS A PERSISTENT MENTAL HEAL TH DISORDER SHALL NOT
APPROVE THE TERMINATION OF THE RESPONDENT'S CERTIFICATION FROM AN
INPATIENT SETTING WITHIN THIRTY DAYS AFTER THE DATE OF THE INITIAL
CERTIFICATION FOR SHORT-TERM TREATMENT UNLESS TWO PROFESSIONAL
PERSONS INDEPENDENTLY EVALUATE THE RESPONDENT, INDEPENDENTLY
AGREE THAT THE RESPONDENT NO LONGER MEETS THE CRITERIA FOR
CERTIFICATION FOR SHORT-TERM TREATMENT, AND INDEPENDENTLY SIGN A
STATEMENT IN ACCORDANCE WITH SUBSECTION (l)(f) OF THIS SECTION.
BOTI-1 PROFESSIONAL PERSONS SHALL CONSIDER THE REQUIREMENTS OF
SECTION 27-65-108.3 (2), (3), AND (4).
PAGE 98-SENATE BILL 26-149
(f) (I) IF THE RESPONDENT HAS A PERSISTENT MENTAL HEALTH
DISORDER AND THE PROFESSIONAL PERSON IS DISCHARGING THE
CERTIFICATIONFORSHORT-TERMTREATMENTFROMANINPATIENTSETTING,
THE PROFESSIONAL PERSON SHALL SIGN A WRITTEN STATEMENT THAT
STATES:
(A) TERMINATING THE CERTIFICATION FOR SHORT-TERM
TREATMENT, RATHER THAN TRANSFERRING THE CERTIFICATION TO AN
OUTPATIENT PROVIDER OR OUTPATIENT SETTING, IS MEDICALLY
APPROPRIATE; AND
(B) THE PROFESSIONAL PERSON REASONABLY BELIEVES THAT THE
RESPONDENT WILL SEEK THE RECOMMENDED PSYCHIATRIC CARE WITHOUT
A CONTINUED CERTIFICATION WITHIN THE NEXT SIXTY DAYS DESPITE
CONSIDERATIONS OF ANY PAST: PSYCHIATRIC DETERIORATION; STATEMENTS
OF THE RESPONDENT ASSERTING A WILLINGNESS TO SEEK VOLUNTARY CARE
THAT THE RESPONDENT DID NOT SUBSEQUENTLY PURSUE; HISTORY OF
REPETITIVE EMERGENCY MENTAL HEALTH HOLDS PURSUANT TO SECTION
27-65-106 OR CERTIFICATIONS FOR SHORT-TERM TREATMENT OR LONG-TERM
CARE AND TREATMENT; AND CRIMINAL CHARGES FOR WHICH THE
RESPONDENT WAS FOUND INCOMPETENT TO PROCEED PURSUANT TO ARTICLE
8.5 OF TITLE 16.
(11) THIS SUBSECTION (l)(f) DOES NOT CREATE A CAUSE OF ACTION.
A PROFESSIONAL PERSON OR ENTITY THAT PROVIDES CARE TO A RESPONDENT
UNDER A CERTIFICATION IS NOT LIABLE FOR COMPLIANCE OR
NONCOMPLIANCE WITH THIS SUBSECTION (l)(f).
(g) SUBSECTIONS (l)(d), (l)(e), AND (l)(f) OF THIS SECTION DO NOT
APPLY IF A CERTIFICATION FOR SHORT-TERM TREATMENT IS TRANSFERRED
TO ANOTHER INPATIENT OR OUTPATIENT PROVIDER OR IF A RESPONDENT IS
DISCHARGED FROM AN INPATIENT SETTING WHEN THE PROFESSIONAL PERSON
SIGNS AN OUTPATIENT CERTIFICATION PURSUANT TO SECTION 27-65-109 .5
(3)(e) THAT INCLUDES A STATEMENT THAT A PROVIDER NEEDS TO BE
IDENTIFIED.
(h) WHEN A CERTIFICATION FOR SHORT-TERM TREATMENT OR AN
EXTENDED CERTIFICATION IS TERMINATED PURSUANT TO THIS SECTION, THE
PROFESSIONAL PERSON IN CHARGE OF PROVIDING TREATMENT TO THE
RESPONDENT SHALL NOTIFY THE COURT IN WRITING WITHIN FIVE DAYS AFTER
PAGE 99-SENATE BILL 26-149
THE TERMINATION. IF THE RESPONDENT HAS A PERSISTENT MENTAL HEALTH
DISORDER AND WAS TERMINATED FROM AN INPATIENT SETTING WITHIN
THIRTY DAYS AFTER THE DATE OF THE INITIAL SHORT-TERM CERTIFICATION,
THE NOTICE MUST INCLUDE A COPY OF THE STATEMENT DESCRIBED IN
SUBSECTION (l)(f) OF THIS SECTION AND BE PLACED IN THE RESPONDENT'S
MEDICAL RECORD.
SECTION 15. In Colorado Revised Statutes, amend 27-65-113 as
follows:
27-65-113. Jurisdiction -transfer.
(1) -Hearings befure the court puuma11t----to-section 27-65-108.5,
27-65-109, 01 27-65-110 are conducted in the same manner as other civil
proceedings before the court. The burden of proof is on the per son or
facility seeking to detain the respondent. The court 01 jury shall determine
that the respondent is in need of care and treatment only if the court or jury
finds by clear and convincing e\i idenee that the I espondent has a mental
health disorder and, as a I esult of the mental health disorder, is a danger-to
the respondent's self 01 others or is gravely disabled.
(2) The court, after consultation with I espondent's counsel to obtain
counsel's recommendations, may appoint a professional person to examine
the respondent for whom short-tenn treatment 01 long-term care and
treatment is sought and to testify at the hearing before the court as to the
results of the prof-essional person's examination. The court-appointed
pr ofcssional per son shall act solely in anad v isory capacity, and no
presumption is attached to the professional person's findings.
(3) Every respondent subject to an order for short-term treatment or
long-term care and treatment must be advised of the respondent1s--right-to
appeal the order by the court at the conclusion of any hearing and, as a
resttl:t, the order may be entered.
f41 (1) (a) The court in which the A petition is filed under section
27-65-106 01 the OR certification is filed pursuant to section 27-65-109 THIS
ARTICLE 65, OR A COURT AUTHORIZED TO CONDUCT PROCEEDINGS PURSUANT
TO THIS ARTICLE 65 THAT RECEIVES A COURT ORDER TRANSFERRING
JURISDICTION OF A CIVIL COMMITMENT PURSUANT TO SECTION 16-8.5-118,
is the court of original jurisdiction and of continuing jurisdiction for any
PAGE 100-SENA TE BILL 26-149
further proceedings pursuant to this article 65.
(b) When the convenience of the parties and the ends of justice
would be promoted by a change in the court having jurisdiction, the court
may order a transfer of the proceeding to another county. Until further order
of the transferee court, if any, it is the court of continuing jurisdiction. IF
MULTIPLE CRIMINAL COURTS REFER A MATTER FOR PROCEEDING PURSUANT
TOSECTION27-65-201 OR27-65-108.5,ANYCOURTWITHJURISDICTIONMAY
TRANSFER THE PROCEEDING TO ANOTHER COUNTY AND ALLOW FOR
CONSOLIDATION OF PROCEEDINGS INTO ONE PROCEEDING, WHICH MAY
OCCUR IN ANY COUNTY THAT PROMOTES THE CONVENIENCE OF THE PARTIES
AND THE ENDS OF JUSTICE.
(2) (a) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION (2),
ANY PETITION, CERTIFICATION, TRANSFER OF JURISDICTION OF A CIVIL
COMMITMENT, OR REQUEST FOR A PROCEEDING MAY BE FILED WHERE THE
RESPONDENT RESIDES OR IS PHYSICALLY PRESENT FOR TREATMENT.
(b) A REQUEST FOR APPOINTMENT OF AN ATTORNEY OR FOR
PROCEEDINGS PURSUANT TO SECTION 27-65-104 REGARDING VOLUNTARY
TREATMENT OF A MINOR TO WHICH THE MINOR OBJECTS MAY BE FILED IN THE
JURISDICTION WHERE THE MINOR IS HOSPITALIZED.
( c) A PETITION OR REQUEST FOR A PROCEEDING REGARDING AN
EMERGENCY MENTAL HEALTH HOLD ORDERED PURSUANT TO SECTION
27-65-106 OR CERTIFICATION FOR SHORT-TERM TREATMENT ORDERED
PURSUANT TO SECTION 27-65-109 MAY BE FILED IN THE JURISDICTION WHERE
THE RESPONDENT RESIDES, WAS PHYSICALLY PRESENT AND TRANSPORTED
FOR AN EMERGENCY MENTAL HEALTH HOLD, OR IS CURRENTLY IN AN
INPATIENT SETTING RECEIVING TREATMENT.
( d) A PETITION OR REQUEST FOR A PROCEEDING REGARDING
CERTIFICATION FOR SHORT-TERM TREATMENT FOR INCOMPETENT
DEFENDANTSINACRIMINALMATTERPURSUANTTOSECTION27-65-108.5OR
A CIVIL COMMITMENT PURSUANT TO SECTION 27-65-201 MAY BE FILED IN
THE JURISDICTION WHERE THE RESPONDENT RESIDES, WAS PHYSICALLY
PRESENT IMMEDIATELY PRIOR TO THE FILING OF THE PETITION, OR IS
RECEIVING INPATIENT TREATMENT OR WHERE THE CRIMINAL COURT THAT
REFERRED THE MATTER IS LOCATED.
PAGE 101-SENATE BILL 26-149
(5) (a) (3) (a) In the event that a respondent or a person WHO IS
ORDERED COMMITTED PURSUANT TO SECTION 16-8.5-118, OR IS BEING
SUPERVISED IN A COMMITMENT PURSUANT TO SECTION 27-65-201, OR IS
found not guilty by reason of impaired mental condition pursuant to section
16-8-103 .5 (5), or by reason of insanity pursuant to section 16-8-105 ( 4) or
16-8-105 .5, refuses to accept medication, the court having jurisdiction of
the action pursuant to subsection (4) SUBSECTION ( 1) of this section; the
court committing the person or defendant to the custody of the department
pursuant to section 16-8-103.5 (5), 16-8-105 ( 4), or 16-8-105.5; or the court
of the jurisdiction in which the designated facility treating the respondent
or person is located has jurisdiction and venue to accept a petition by a
treating physician and to enter an order requiring that the respondent or
person accept such THE treatment or, in the alternative, that the medication
be forcibly administered to the respondent or person. The court of the
jurisdiction in which the designated facility is located shall not exercise its
jurisdiction without the permission of the court that committed the person
to the custody of the department. Upon the filing of such a THE petition, the
court shall appoint an attorney, if one has not been appointed, to represent
the respondent or person and hear the matter within ten days.
(b) In any case brought pursuant to subsection (5)Ea} SUBSECTION
(3)(a) of this section in a court for the county in which the treating facility
is located, the county where the proceeding was initiated pursuant to
subsection t47 SUBSECTION (1) of this section or the court committing the
person to the custody of the department pursuant to section 16-8-103.5 (5),
16-8-105 (4), or 16-8-105.5 shall either·reimburse the county in which the
proceeding pursuant to this subsection (5) SUBSECTION (3) was filed and in
which the proceeding was held for the reasonable costs incurred in
conducting the proceeding or conduct the proceeding itself using its own
personnel and resources, including its own district or county attorney, as the
case may be.
( c) In the case of a defendant who is found incompetent to proceed
pursuant to section 16-8.5-103 and who refuses to accept medication, the
jurisdiction for the petition for involuntary treatment procedures is as set
forth in section 16-8.5-112 SECTION 16-8.5-106.
t6} (4) All adversarial proceedings pursuant to this article 65,
including proceedings to impose a legal disability pursuant to section
27-65-127, must be conducted by the district attorney of the county where
PAGE 102-SENATE BILL 26-149
the prnceeding is held or by a qualified attorney acting f-ot the district
attorney appointed by the district court f-ot that purpose, except that, in a11y
county or in any city and county having a population exceeding fifty
thousand persons, the prnceedings must be conducted by the county
attomey or by a qualified attorney acting f-ot the county attorney appointed
by the district court. In any case in which there has been a change of venue
to a county other than the county of residence of the respondent or the
county in which the certification proceeding was commenced, the county
from which the proceeding was transferred shall either reimburse the county
to which the proceeding was transferred and in which the proceeding was
held for the reasonable costs incurred in conducting the proceeding or
conduct the proceeding itself using its own personnel and resources,
including its own district-or county attorney, as the case may be.
(5) IF A CIVIL PROCEEDING WAS INITIATED PURSUANT TO THIS
ARTICLE 65 OR TRANSFERRED PURSUANT TO SECTION 16-8.5-118 BUT THE
PROCEEDING IS NO LONGER PROPER BECAUSE THE COURT DETERMINED THAT
THE RESPONDENT HAS AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY
OR A NEUROCOGNITIVE DISORDER, AS THOSE TERMS ARE DEFINED IN SECTION
25.5-10-501, WITHOUT ANY OTHER MENTAL HEALTH DISORDER, THE COURT
MAY MAINTAIN JURISDICTION BY ORDERING THE CASE TO PROCEED
PURSUANT TO ARTICLE 10 OF TITLE 25.5.
(7) Upon request of a legal guardian appointed pursuant to article
14 of title 15, the legal guardian may intervene in any prnceeding brnught
pursuant to this article 65 concerning the legal guardian's ward and, thrnugh
counsel, may pt esent evidence and rcpt esent to the court the views of the
legal guardian concerning the apprnpriate disposition of the case.
(8) A lay pet son may submit an affidavit to the eourt concerning the
lay pet son's t elationship to the t espondent, how long the lay pet son has
known the respondent, the lay pe1son's physical address, and the lay
person's views concerning the apprnpdate disposition of the respondent's
ease:-
SECTION 16. In Colorado Revised Statutes, add 27-65-113.1 and
27-65-113.5 as follows:
27-65-113.1. Hearing procedures.
PAGE 103-SENATE BILL 26-149
(1) AHEARINGHELDPURSUANTTOSECTION27-65-108.5,27-65-109,
27-65-109.5, 27-65-110, 27-65-201, OR27-65-202 MUST BE CONDUCTED IN
THE SAME MANNER AS OTHER CIVIL PROCEEDINGS BEFORE THE COURT.
(2) THE COURT, AFTER CONSULTATION WITH THE RESPONDENT'S
COUNSEL TO OBTAIN THE COUNSEL'S RECOMMENDATIONS, MAY APPOINT A
PROFESSIONAL PERSON TO EXAMINE THE RESPONDENT FOR WHOM A
CERTIFICATION FOR SHORT-TERM TREATMENT OR LONG-TERM CARE AND
TREATMENT IS SOUGHT AND TESTIFY AT THE HEARING AS TO THE RES UL TS OF
THE PROFESSIONAL PERSON'S EXAMINATION. THE COURT-APPOINTED
PROFESSIONAL PERSON SHALL ACT SOLELY IN AN ADVISORY CAPACITY, AND
NO PRESUMPTION IS ATTACHED TO THE PROFESSIONAL PERSON'S FINDINGS.
(3) UPON REQUEST OF A LEGAL GUARDIAN APPOINTED PURSUANT TO
ARTICLE 14 OF TITLE 15, THE LEGAL GUARDIAN MAY INTERVENE IN ANY
PROCEEDING BROUGHT PURSUANT TO THIS ARTICLE 65 CONCERNING THE
LEGAL GUARDIAN'S WARD AND, THROUGH COUNSEL, MAY PRESENT EVIDENCE
AND REPRESENT TO THE COURT THE VIEWS OF THE LEGAL GUARDIAN
CONCERNING THE APPROPRIATE DISPOSITION OF THE CASE.
(4) A LAY PERSON MAY SUBMIT AN AFFIDAVIT TO THE COURT
CONCERNING THE LAY PERSON'S RELATIONSHIP TO THE RESPONDENT, HOW
LONG THE LAY PERSON HAS KNOWN THE RESPONDENT, THE LAY PERSON'S
PHYSICAL ADDRESS, AND THE LAY PERSON'S VIEWS CONCERNING THE
APPROPRIATE DISPOSITION OF THE RESPONDENT'S CASE.
27-65-113.5.
responsibilities.
County attorney and district attorney
( 1) THE COUNTY A ITORNEY OR DISTRICT A ITORNEY IN A COUNTY OR
CITY AND COUNTY THAT HAS A POPULATION EQUAL TO OR LESS THAN FIFTY
THOUSAND PEOPLE, OR A QUALIFIED A ITORNEY ACTING AS THE COUNTY OR
DISTRICT A ITORNEY'S DESIGNEE WHO IS APPOINTED BY THE DISTRICT COURT,
HAS THE FOLLOWING POWERS AND RESPONSIBILITIES:
(a) To FILE AND APPEAR ON BEHALF OF THE COUNTY OR ST A TE IN ALL
PROCEEDINGS BROUGHT PURSUANT TO THIS ARTICLE 65 OR TRANSFERRED
FROM THE CRIMINAL COURT PURSUANT TO SECTION 16-8.5-118, UNLESS
EXPRESSLY RELIEVED OR MODIFIED BY STATUTE;
PAGE 104-SENATE BILL 26-149
(b) To ASSIST A NONPROFESSIONAL INDIVIDUAL WHO IS ATTEMPTING
TO INITIATE A REQUEST TO THE COURT FOR AN EVALUATION, PURSUANT TO
SECTION 27-65-106 (l)(b), OF A PERSON WHOM THE NONPROFESSIONAL
INDIVIDUAL BELIEVES MEETS THE CRITERIA FOR A CERTIFICATION BY
PROVIDING INFORMATION AND ASSISTING IN MAKING FILINGS TO THE COURT;
( C) TO EXERCISE DUE DILIGENCE IN GATHERING INFORMATION FROM
AVAILABLE SOURCES FOR USE IN PROCEEDINGS BROUGHT PURSUANT TO THIS
ARTICLE 65; AND
( d) TO SHARE AND PROVIDE INFORMATION ABOUT PROCEEDINGS
BROUGHT PURSUANT TO THIS ARTICLE 65 TO INTERESTED PARTIES AS
ALLOWABLE BY LAW.
SECTION 17. In Colorado Revised Statutes, amend 27-65-114 as
follows:
27-65-114. Appeals.
( 1) Appellate review of any order of FOR CERTIFICATION FOR
short-term treatment or long-term care and treatment OR FOR CIVIL
COMMITMENT may be had as provided in the Colorado appellate rules. An
appeal must be advanced upon the calendar of the appellate court and must
be decided at the earliest practicable time. Pending disposition by the
appellate court, the court may make such order as the court may consider
proper in the premises relating to the care and custody of the respondent.
(2) THE COURT SHALL ADVISE A RESPONDENT SUBJECT TO AN ORDER
FORCERTIFICATIONFORSHORT-TERMTREATMENTORLONG-TERMCAREAND
TREATMENT OR FOR CIVIL COMMITMENT OF THE RESPONDENT'S RIGHT TO
APPEAL THE ORDER AT THE CONCLUSION OF ANY HEARING.
SECTION 18. In Colorado Revised Statutes, 27-65-118, amend
(l)(a) as follows:
27-65-118. Right to treatment -rules.
(1) (a) Any person receiving an evaluation or treatment pursuant to
this article 65 is entitled to medical and psychiatric care and treatment, with
regard to services listed in section 27-50-301 and services listed in rules
PAGE 105-SENATE BILL 26-149
authorized by section 27-66-102, suited to meet the person's individual
needs, delivered in such a way as to keep the person in the least-restrictive
environment, and delivered in such a way as to include the opportunity for
participation of family members in the person's program of care and
treatment, when appropriate. Nothing in A PERSON RECEIVING AN
EVALUATION OR TREATMENT PURSUANT TO THIS ARTICLE 65 MUST NOT BE
DENIED CARE OR DISCHARGED DUE TO AN INABILITY TO PA y. This subsection
( 1 )(a) et eate5 DOES NOT CREA TE any right with respect to any person other
than the person receiving an evaluation, care, or treatment. The professional
person and the agency or facility providing an evaluation, care, or treatment
shall keep records detailing all care and treatment received by the person,
and the records must be made available, upon the person's written
authorization, to the person's attorney or the person's personal physician.
The records are permanent records and must be retained in accordance with
section 27-65-123 (4).
SECTION 19. In Colorado Revised Statutes, 27-65-123, add (7),
(8), (9), (10), (11), and (12) as follows:
27-65-123. Records.
(7) (a) COURT RECORDS IN PROCEEDINGS BROUGHT PURSUANT TO
THIS ARTICLE 65 MUST BE MAINTAINED SEP ARA TEL Y BY THE CLERKS OF THE
SEVERAL COURTS AND THE CASE NUMBER AND PROCEEDINGS MUST NOT BE
MADE PUBLIC OR RELEASED, EXCEPT AS PROVIDED IN THIS SECTION.
(b) UPON THE TERMINATION OF A CERTIFICATION PURSUANT TO
SECTION27-65-112ORTHETERMINATIONOFCIVILCOMMITMENTPURSUANT
TO SECTION 27-65-202, THE CLERK OF THE COURT SHALL IMMEDIATELY SEAL
THE RECORD IN THE CASE AND OMIT THE RESPONDENT'S NAME FROM THE
INDEX OF CASES IN THE COURT UNTIL AND UNLESS THE RESPONDENT
BECOMES SUBJECT TO AN ORDER OF CERTIFICATION FOR LONG-TERM CARE
AND TREATMENT PURSUANT TO SECTION 27-65-110 AND UNLESS THE COURT
ORDERS THE RECORDS OPENED FOR GOOD CAUSE SHOWN. IN THE EVENT A
PETITION IS FILED PURSUANT TO SECTION 27-65-110 OR 27-65-201, THE
CERTIFICATION RECORD MAY BE OPENED AND BECOME PART OF THE RECORD
IN THE CERTIFICATION FOR LONG-TERM CARE AND TREATMENT CASE AND
THE NAME OF THE RESPONDENT INDEXED.
( c) NOTWITHSTANDING SUBSECTION (7)(b) OF THIS SECTION, WHILE
PAGE 106-SENATE BILL 26-149
A MA TIER IS PENDING OR AFTER IT IS SEALED, THE COURT MAY DISCLOSE THE
EXISTENCE OF THE PROCEEDING, THE CASE NUMBER, AND COURT RECORDS
TO THE RESPONDENT OR ANY A ITORNEY REPRESENTING THE RESPONDENT IN
ANY PROCEEDING OR MA TIER WITH A RELEASE SIGNED BY THE RESPONDENT
OR PURSUANT TO A COURT ORDER. WHEN A COURT ORDER SPECIFICALLY
AUTHORIZING DISCLOSURE OR AV ALID RELEASE FOR A RECORD IS PRESENTED
TO THE CLERK OF THE COURT, THE CLERK SHALL ACKNOWLEDGE THE
EXISTENCE OF THE CASE AND PROVIDE THE CASE NUMBER AND RECORDS TO
THE RESPONDENT OR AUTHORIZED REQUESTOR POSSESSING A COURT ORDER
OR A RELEASE.
(8) WHEN A CERTIFIED PEACE OFFICER INITIATES OR PARTICIPATES
IN THE INITIATION OF AN EMERGENCY MENTAL HEALTH HOLD AS DESCRIBED
IN SECTION 27-65-106, THE COURT, COUNTY ATTORNEY, OR DISTRICT
A ITORNEY CONDUCTING ANY SUBSEQUENT PROCEEDINGS PURSUANT TO THIS
ARTICLE 65, AND THE PROVIDER WHO CONDUCTS AN EVALUATION OR
PROVIDES CARE, MAY, WITHOUT COURT AUTHORIZATION, PROVIDE THE
CERTIFIED PEACE OFFICER'S AGENCY WITH THE FOLLOWING LIMITED
INFORMATION, IF AVAILABLE:
(a) WHETHER OR NOT A PROFESSIONAL PERSON FOUND THE
RESPONDENT MET THE CRITERIA FOR CERTIFICATION FOR SHORT-TERM
TREATMENT PURSUANT TO SECTION 27-65-108.3 (l);
(b) WHETHER THE RESPONDENT WAS RELEASED OR REMAINS IN
INPATIENT CARE AND WHETHER FURTHER CARE IS BEING PROVIDED TO THE
RESPONDENT; AND
( c) WHETHER OR NOT FURTHER PROCEEDINGS WERE INITIATED FOR
A CERTIFICATION FOR SHORT-TERM TREATMENT.
(9) SEALING RECORDS BY THE COURT DOES NOT PREVENT A PARTY
TO RELATED CRIMINAL CASES, A PARTY TO A PROCEEDING BROUGHT
PURSUANTTOTHISARTICLE65, THEDEPARTMENT,APROFESSIONALPERSON,
OR AN INTERVENING PROFESSIONAL WITH LAWFUL POSSESSION OF RECORDS
FROM MAINTAINING AND USING THE RECORDS, UNLESS PROHIBITED BYLAW.
(10) A PARTY TO RELATED CRIMINAL CASES, A PARTY TO A
PROCEEDING BROUGHT PURSUANT TO THIS ARTICLE 65, THE DEPARTMENT,
A PROFESSIONAL PERSON, OR AN INTERVENING PROFESSIONAL MAY SEEK TO
PAGE 107-SENATE BILL 26-149
UNSEAL CASE RECORDS FOR GOOD CAUSE, WHICH INCLUDES THE NEED TO
USE THE RECORDS IN OTHER CRIMINAL PROCEEDINGS INVOLVING
COMPETENCY PURSUANT TO ARTICLE 8.5 OF TITLE 16 OR PROCEEDINGS
BROUGHT PURSUANT TO THIS ARTICLE 65. -
( 11) THE DISTRICT ATTORNEY MAY PROVIDE INFORMATION TO A
VICTIM WHEN NECESSARY TO COMPLY WITH THE "VICTIM RIGHTS ACT",
PART 3 OF ARTICLE 4.1 OF TITLE 24.
(12) (a) THIS ARTICLE65 DOES NOT REQUIRE A COVERED ENTITY, AS
DEFINED IN THE FEDERAL "HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITYACTOF 1996",42U.S.C.SECS.1320dTO 1320d-9, TO USE
OR DISCLOSE PROTECTED HEALTH INFORMATION OR OTHER PERSONALLY
IDENTIFIABLE INFORMATION IN A MANNER THAT IS INCONSISTENT WITH, OR
EXCEEDS THE REQUIREMENTS OF, THE FEDERAL LAW AND ITS IMPLEMENTING
REGULATIONS, INCLUDING 45 CFR 160 AND 45 CFR 164.
(b) CONSISTENT WITH THE FEDERAL "HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996", 42 U.S.C. SECS. 1320d
TO 1320d-9, AND ITS IMPLEMENTING REGULATIONS, A COVERED ENTITY MAY
USE OR DISCLOSE PROTECTED HEALTH INFORMATION FOR TREATMENT,
PAYMENT, AND HEALTH-CARE OPERATIONS, INCLUDING DISCLOSURES
NECESSARY TO SUPPORT CARE COORDINATION AND THE MANAGEMENT OF AN
INDIVIDUAL'S CARE, AS AUTHORIZED PURSUANT TO 45 CFR 164.506.
( c) ANY USE OR DISCLOSURE OF PROTECTED HEALTH INFORMATION
PURSUANT TO THIS ARTICLE 65 MUST COMPLY WITH THE MINIMUM
NECESSARY STANDARDS SET FORTH IN 45 CFR 164.502 (b) AND 45 CFR
164.514 (d), AS APPLICABLE.
SECTION 20. In Colorado Revised Statutes, 27-65-131, amend (1)
introductory portion, ( 1 )(g), and ( 1 )(h); and add ( 1 )(i) and ( 1 )U) as follows:
27-65-131. Data report.
(1) Beginning January 1, 2025, and eaeh ON OR BEFORE January 1
the1eafte1 OF EACH YEAR, the BHA shall annually submit a report to the
general assembly on the outcomes and effectiveness of the involuntary
commitment system described in this article 65, disaggregated by region,
including any recommendations to improve the system and outcomes for
PAGE 108-SENATE BILL 26-149
persons involuntarily committed or certified pursuant to this article 65. The
report must include aggregated and disaggregated nonidentifying
individual-level data. At a minimum, the report must include:
(g) Barriers and opportunities with local providers, the judicial
branch, and law enforcement; and
(h) How many individuals were placed in the custody of the BHA
on a certification for short-term treatment who were concurrently involved
in the criminal justice system, including the outcomes of each person and
any barriers and opportunities that may exist to better serve the population;
(i) INFORMATION REGARDING CERTIFICATIONS FOR SHORT-TERM
OUTPATIENT TREATMENT FILED PURSUANT TO SECTION 27-65-109.5,
INCLUDING:
(I) THE NUMBER OF SIGNED OUTPATIENT CERTIFICATIONS:
(A) THAT IDENTIFIED A DESIGNATED PROVIDER TO HOLD THE
OUTPATIENT CERTIFICATION;
(B) THAT DID NOT IDENTIFY A DESIGNATED PROVIDER INITIALLY BUT
IDENTIFIED A DESIGNATED PROVIDER WITHIN SEVEN DAYS AFTER THE SIGNED
OUTPATIENT CERTIFICATION WAS FILED;
(C) THAT DID NOT IDENTIFY A DESIGNATED PROVIDER INITIALLY BUT
IDENTIFIED A PROVIDER MORE THAN SEVEN DAYS AFTER THE SIGNED
OUTPATIENT CERTIFICATION WAS FILED;
(D) THAT DID NOT IDENTIFY A DESIGNATED PROVIDER AND A
PROVIDER WAS NEVER DESIGNATED;
(II) THE AVERAGE AMOUNT OF TIME IT TOOK TO IDENTIFY A
DESIGNATED PROVIDER TO HOLD THE OUTPATIENT CERTIFICATION IF A
DESIGNATED PROVIDER WAS NOT INITIALLY IDENTIFIED BUT WAS LATER
IDENTIFIED; AND
(III) ANY AVAILABLE INFORMATION ON THE FREQUENCY AND
REASONS FOR DENIALS AND BARRIERS TO IDENTIFYING A DESIGNATED
PROVIDER TO HOLD OUTPATIENT CERTIFICATIONS; AND
PAGE 109-SENATE BILL 26-149
U) INFORMATION REGARDING THE FREQUENCY OF DENIALS AND
BARRIERS TO PLACEMENTS IDENTIFIED BY CDHS WHEN PROVIDING CARE
COORDINATION PURSUANT TO SECTION 27-65-108.5. CDHS SHALL PROVIDE
THIS INFORMATION TO THE BHA AT LEAST ANNUALLY.
SECTION 21. In Colorado Revised Statutes, add part 2 to article
65 of title 27 as follows:
PART2
CIVIL COMMITMENT OF INCOMPETENT AND
UNRESTORABLEPERSON
27-65-201. Court supervision of incompetent and unrestorable
person ordered into civil commitment -repeal.
( 1) ONCE A CRIMINAL COURT HAS TRANSFERRED JURISDICTION OF A
CIVIL COMMITMENT PURSUANT TO SECTION 16-8.5-118 TO A CIVIL COURT
WITH JURISDICTION PURSUANTTOSECTION27-65-113, THE CIVIL COURT HAS
EXCLUSIVE JURISDICTION OVER THE CIVIL COMMITMENT.
(2) UPON RECEIVING JURISDICTION OF A CIVIL COMMITMENT, THE
CIVIL COURT SHALL:
(a) NOTIFY THE COUNTY ATTORNEY;
(b) APPOINT AN ATTORNEY TO REPRESENT THE RESPONDENT AND
PROVIDE COPIES OF ANY DOCUMENTS SENT FROM THE CRIMINAL COURT TO
THE RESPONDENT'S ATTORNEY; AND
( c) SET A REVIEW HEARING AND ORDER THE RESPONDENT BROUGHT
BEFORE THE COURT.
(3) AT THE REVIEW HEARING, THE COURT SHALL:
(a) ENSURE THE RESPONDENT IS REPRESENTED BY COUNSEL; AND
(b) ADVISE THE RESPONDENT OF THE FOLLOWING RIGHTS:
(I) THE RIGHT TO APPEAR IN PERSON AT ANY PROCEEDING, UNLESS
WAIVED BY THE RESPONDENT;
PAGE 110-SENATE BILL 26-149
(II) THE RIGHT TO BE REPRESENTED BY PRIVATELY RETAINED
COUNSEL, OR COURT-APPOINTED COUNSEL IF THE RESPONDENT DOES NOT
HA VE PRIVATELY RETAINED COUNSEL, DURING ANY PROCEEDING HELD
PURSUANT TO THIS ARTICLE 65, INCLUDING ANY APPEALS;
(III) THE RIGHT TO REQUEST MODIFICATION OF THE TERMS OF THE
CIVIL COMMITMENT; AND
(IV) THE RIGHT TO PERIODIC REVIEW OF THE CIVIL COMMITMENT
AND THE RIGHT TO CONTEST, INCLUDING BY TRIAL, WHETHER THE
RESPONDENT QUALIFIES FOR TERMINATION OF CIVIL COMMITMENT.
(4) AT ANYTIMEDURINGTHECIVILCOMMITMENT, THE COURT MAY:
(a) MODIFY ANY COURT ORDER OR ANY TERM OF THE CIVIL
COMMITMENTUPONREQUESTOFTHEPARTIESAFTERGIVINGTHEPARTIESAN
OPPORTUNITY TO OBJECT AND BE HEARD;
(b) ISSUE A WARRANT FOR THE RESPONDENT'S ARREST AND ORDER
THE RESPONDENT BE BROUGHT BEFORE THE COURT IF THE COURT
DETERMINES THE RESPONDENT HAS FAILED TO COMPLY WITH ANY OF THE
COURT'S ORDERS, INCLUDING THE RESPONDENT'S UNAUTHORIZED
DEPARTURE FROM THE PHYSICAL CUSTODY OF A PROVIDER;
( c) ORDER CDHS TO PROVIDE TO THE COURT:
(I) AN UPDATED OPINION ON WHETHER THE RESPONDENT MEETS THE
CRITERIA FOR TERMINATION OF CIVIL COMMITMENT PURSUANT TO SECTION
27-65-202; AND
(II) AN OPINION ON WHETHER THE RESPONDENT HAS AN
INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR NEUROCOGNITIVE
DISORDER, AS THOSE TERMS ARE DEFINED IN SECTION 25 .5-10-501, WITHOUT
HA YING ANY OTHER MENTAL HEALTH DISORDER THAT IS NOT AN
INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR NEUROCOGNITIVE
DISORDER AND THAT SUBSTANTIALLY CONTRIBUTES TO WHETHER THE
RESPONDENT IS A DANGER TO THE RESPONDENT'S SELF OR A DANGER TO
OTHERS, OR IS GRAVELY DISABLED.
(d) UPON THE REQUEST OF ANY PARTY, THE REQUEST OF THE
PAGE 111-SENATE BILL 26-149
INDIVIDUAL OR ENTITY WITH PHYSICAL CARE AND CUSTODY OF THE
RESPONDENT, OR THE COURT'S OWN MOTION, CONDUCT A REVIEW OF THE
RESPONDENT'S PLACEMENT AND ENTER ANY ORDERS NECESSARY FOR
SHARING OR RECEIVING INFORMATION NECESSARY TO REVIEW AND MODIFY
THE PLACEMENT, UNLESS THE RESPONDENT IS PLACED INTO INPATIENT CARE
AT THE DISCRETION OF CDHS;
(e) ORDER, AS NECESSARY, APPROPRIATE ENTITIES, INCLUDING THE
SHERIFF, TO BRING THE RESPONDENT BEFORE THE COURT OR TAKE THE
RESPONDENT TO THE PLACEMENT WHERE PHYSICAL CUSTODY OF THE
RESPONDENT HAS BEEN ORDERED;
(t) APPOINT A LEGAL GUARDIAN PURSUANT TO ARTICLE 14 OF TITLE
15; OR
(g) ISSUE ORDERS AS NECESSARY TO EFFECTUATE AND ENFORCE THE
COURT'S POWERS AND RESPONSIBILITIES PURSUANT TO THIS SECTION,
INCLUDING AUTHORIZATION FOR THE REASONABLE USE OF FORCE,
WARRANTS FOR THE ARREST OF THE RESPONDENT, OR CONTEMPT
PROCEEDINGS AGAINST A NONCOMPLIANT INDIVIDUAL OR ENTITY.
( 5) (a) THE COURT SHALL ENSURE THE RESPONDENT IS PLACED IN THE
LEAST-RESTRICTIVE PLACEMENT ADEQUATE TO PROTECT THE VICTIM AND
THE COMMUNITY AND PROVIDE, TO THE GREATEST EXTENT POSSIBLE, THE
APPROPRIATE LEVEL OF CARE, TREATMENT, AND SUPERVISION OF THE
RESPONDENT.
(b) IF THE RESPONDENT IS NOT PLACED INTO INPATIENT CARE AT THE
DISCRETION OF CDHS OR IF CDHS PROPOSES TO MOVE THE RESPONDENT
INTO OR OUT OF INPATIENT CARE, THE COURT SHALL, PRIOR TO MODIFYING
THE CIVIL COMMITMENT TO CHANGE THE RESPONDENT'S PROVIDER OR
PLACEMENT, REVIEW THE APPROPRIATENESS OF THE PROPOSED PROVIDER OR
PLACEMENT, INCLUDING WHETHER THE PROVIDER FITS THE RESPONDENT'S
DIAGNOSIS AND TREATMENT NEEDS AND WHETHER THE PLACEMENT
SUFFICIENTLY PROTECTS THE COMMUNITY FROM THE SUBSTANTIAL RISK OF
SERIOUS HARM TO OTHERS POSED BY THE RESPONDENT.
( c) UPON REQUEST, THE COURT SHALL PERMIT CDHS, THE PARTIES,
OR THE APPOINTED LEGAL GUARDIAN THE OPPORTUNITY TO OBJECT AND BE
HEARD PRIOR TO THE COURT'S DECISION. THE COURT MAY PERMIT
PAGE 112-SENATE BILL 26-149
TESTIMONY IF THE COURT BELIEVES IT WOULD BE HELPFUL TO THE COURT'S
DECISION.
( d) WHEN DECIDING WHETHER TO APPROVE THE NEW PROVIDER OR
PLACEMENT, THE COURT SHALL GIVE DUE DEFERENCE TO CDHS AND THE
OPINION OF ANY MEDICAL PROFESSIONAL ON THE APPROPRIATENESS OF THE
PROVIDER AND PLACEMENT FOR THE RESPONDENT, VICTIMS, AND
COMMUNITY, BUT DEFERENCE MUST NOT BE GIVEN TO CDHS OR A MEDICAL
PROFESSIONAL AS TO WHETHER THE PLACEMENT SUFFICIENTLY PROTECTS
ANY VICTIMS AND THE COMMUNITY FROM THE SUBSTANTIAL RISK OF
SERIOUSHARMTOOTHERSPOSEDBYTHERESPONDENT. WHEN CONSIDERING
THE APPROPRIATENESS OF THE PLACEMENT FOR THE RESPONDENT, VICTIMS,
AND COMMUNITY, THE COURT SHALL CONSIDER THE TOTALITY OF THE
CIRCUMSTANCES, INCLUDING:
(I) THE RESPONDENT'S ST A TEMENTS AND INSIGHTS INTO THE
RESPONDENT'S MENTAL HEALTH DISORDER;
(II) THE CLINICAL DIAGNOSIS AND CLINICAL PERSPECTIVE ON THE
RESPONDENT'S CURRENT MENTAL STATE AND PROGNOSIS;
(III) THE RESPONDENT'S WILLINGNESS AND DEMONSTRATED ABILITY
TO VOLUNTARILY SEEK AND COMPLY WITH A TREATMENT PLAN IN THE
REASONABLY FORESEEABLE FUTURE;
(IV) RECENT OVERT ACTS BY THE RESPONDENT TO THREATEN,
CAUSE, OR ATTEMPT TO CAUSE HARM TO THE RESPONDENT'S SELF OR
OTHERS;
(V) PREVIOUS PATTERNS OF DETERIORATION THAT RESULTED IN THE
RESPONDENT'S HOSPITALIZATION , ARREST, OR CERTIFICATION FOR
SHORT-TERM TREATMENT;
(VI) WHETHER THE RESPONDENT WAS FOUND IN A CONDITION WHERE
THE RESPONDENT WAS NOT ABLE TO CARE FOR THE RESPONDENT'S OWN
BASIC NEEDS IN ORDER TO A VOID THE RISK OF SERIOUS PHYSICAL HARM;
(VII) THE FREQUENCY, RECENCY, AND SEVERITY OF THE
CONSIDERATIONS DESCRIBED IN SUBSECTIONS (5)(d)(II) TO (5)(d)(Vl) OF
THIS SECTION AND THE LIKELIHOOD THAT THE CONDITIONS AND EVENTS WILL
PAGE 113-SENATE BILL 26-149
REOCCUR WITHOUT INPATIENT TREATMENT;
(VIII) WHETHER THE RESPONDENT OPPOSES THE PLACEMENT;
(IX) WHETHER COMMUNITY-BASED PLACEMENT CAN BE
REASONABLY ACCOMMODATED;
(X) THE LIMITED RESOURCES OF THE STATE AND THE NEEDS OF
OTHERS; AND
(XI) THE PLACEMENT RECOMMENDATIONS OF ANY TREATING
PROFESSIONALS.
( e) THE COURT SHALL NOT PERMIT OR ORDER A RESPONDENT TO BE
PLACED INTO A COMMUNITY-BASED SETTING OUTSIDE OF INPATIENT CARE
FOR THE FIRST TIME SINCE BEING CIVILLY COMMITTED UNLESS:
(I) ANY VICTIMS HAVE BEEN NOTIFIED OF A CRITICAL STAGE, AS
DEFINED IN SECTION 24-4.1-302 (2)(q.3), AND GIVEN THE OPPORTUNITY TO
BE HEARD; AND
(II) THE DISTRICT ATTORNEY IN THE CASE THAT SOUGHT CIVIL
COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT HAS BEEN NOTIFIED
AND GIVEN AN OPPORTUNITY TO OBJECT AND BE HEARD.
(f) IF THE COURT MODIFIES THE RESPONDENT'S PROVIDER OR
PLACEMENT, THE COURT SHALL ISSUE ANY ORDERS NECESSARY TO MITIGATE
THE RESPONDENT'S RISK TO ANY VICTIMS OR THE COMMUNITY, INCLUDING
ORDERING THE PROVIDER TO TAKE REASONABLE AND PRACTICABLE
PROTECTIVE MEASURES TO PREVENT THE RESPONDENT FROM CONTACTING
ANY VICTIMS; EXCEPTTHATTHECOURTSHALL NOT ORDER THE RESPONDENT
TO COMPLY WITH ANY CONDITIONS THAT ARE NOT NECESSARY TO MITIGATE
THE RESPONDENT'S RISK OR WITH WHICH THE RESPONDENT CANNOT COMPLY.
(6) (a) IF THE COURT ORDERS THE RESPONDENT TO BE PLACED INTO
INPATIENT CARE AT THE DISCRETION OF CDHS, THE EXECUTIVE DIRECTOR
OF CDHS SHALL DESIGNATE THE STATE FACILITY AT WHICH THE
RESPONDENT IS HELD FOR CARE AND TREATMENT AND MAY TRANSFER THE
RESPONDENT FROM ONE FACILITY TO ANOTHER IF, IN THE OPINION OF THE
EXECUTIVE DIRECTOR, IT IS APPROPRIATE TO DO SO IN THE INTEREST OF THE
PAGE 114-SENATE BILL 26-149
PROPER CARE, CUSTODY, AND TREATMENT OF THE RESPONDENT OR FOR THE
PROTECTION OF THE PUBLIC OR PERSONNEL AT THE FACILITIES IN QUESTION.
(b) NOTWITHSTANDING SUBSECTION (6)(a) OF THIS SECTION, CDHS
SHALL:
(I) ENSURE THE RESPONDENT IS PLACED IN THE LEAST-RESTRICTIVE
PLACEMENT ADEQUATE TO PROTECTTHE VICTIM AND THE COMMUNITY AND
PROVIDE, TO THE GREATEST EXTENT POSSIBLE, THE APPROPRIATE LEVEL OF
CARE, TREATMENT, AND SUPERVISION OF THE RESPONDENT; AND
(II) NOT PLACE THE RESPONDENT IN A COMMUNITY-BASED SETTING
OUTSIDE OF INPATIENT CARE FOR THE FIRST TIME SINCE THE RESPONDENT
WAS CIVILLY COMMITTED WITHOUT PRIOR APPROVAL OF THE COURT
PURSUANT TO SUBSECTION (5) OF THIS SECTION.
(7) TERMINATION OF THE CIVIL COMMITMENT IS GOVERNED BY
SECTION 27-65-202.
(8) THE PROVIDER CHARGED WITH THE PHYSICAL CARE AND
CUSTODY OF THE RESPONDENT SHALL SUBMIT A REPORT TO THE COURT AND
THE PARTIES ANNUALLY BY THE DATE THE RESPONDENT WAS CIVILLY
COMMITTED UNLESS A SUBSTANTIALLY SIMILAR EXAMINATION WAS
ORIJERED BY THE COURT WITHIN THE PREVIOUS TWELVE MONTHS. THE
REPORT MUST INCLUDE:
(a) THE PROVIDER'S OPINION ABOUT WHETHER THE RESPONDENT IS
APPROPRIATELY PLACED AND MEETS THE CRITERIA FOR TERMINATION OF THE
CIVIL COMMITMENT PURSUANT TO SECTION 27-65-202;
(b) A SUMMARY OF THE MATERIALS REVIEWED, ASSESSMENTS
CONDUCTED, AND OTHER BASES OF OPINIONS RENDERED;
( c) THE RESPONDENT'S DIAGNOSIS AND WHETHER THE RESPONDENT'S
SYMPTOMS ARE IN REMISSION;
( d) A SUMMARY OF-THE SERVICES OR TREATMENT PROVIDED TO THE
RESPONDENT SINCE THE LAST REPORT AND THE RESPONDENT'S PROGRESS;
(e) A SUMMARY OF THE RESPONDENT'S COMPLIANCE WITH
PAGE 115-SENATE BILL 26-149
TREATMENT OR SERVICES, INCLUDING INFORMATION ABOUT MEDICATIONS
CURRENTLY PRESCRIBED TO THE RESPONDENT AND WHETHER THE
RESPONDENT IS COMPLIANT WITH TAKING THE PRESCRIBED MEDrCATIONS;
( f) AN ASSESSMENT OF THE RESPONDENT'S RISK OF HARM TO OTHERS;
(g) A SUMMARY OF THE RESPONDENT'S TREATMENT OR SERVICE
NEEDS BY UTILIZING EVIDENCE-BASED STANDARDS OF INDIVIDUALIZED
TREATMENT AND MANAGEMENT OF INDIVIDUALS CIVILLY COMMITTED;
(h) A SUMMARY OF THE SPECIFIC TREATMENT OR SERVICE OPTIONS
AVAILABLE TO THE RESPONDENT IN THE COMMUNITY AND THE SPECIFIC
TREATMENT OR SERVICE OPTIONS AVAILABLE TO THE RESPONDENT AT A
FACILITY DESIGNATED BY THE EXECUTIVE DIRECTOR OF CDHS;
(i) A SUMMARY OF WHETHER AND HOW ONGOING RISKS COULD BE
MITIGATED IF THE RESPONDENT WERE PLACED IN THE COMMUNITY; AND
U) SPECIFIC FACTS AND EVIDENCE SUPPORTING EACH OPINION MADE
PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION.
(9) THE COURT MAY ORDER ANY TREATMENT OR SERVICE PROVIDER
WHO HAS AGREED OR WHO HAS BEEN ORDERED TO PROVIDE SERVICES OR
TREATMENT TO THE RESPONDENT TO ISSUE REGULAR PROGRESS REPORTS
CONTAINING INFORMATION REQUIRED PURSUANT TO SUBSECTION (8) OF THIS
SECTION OR OTHER INFORMATION DEEMED NECESSARY FOR THE COURT'S
SUPERVISION OF THE CIVIL COMMITMENT, BUT THE COURT SHALL NOT
REQUIRE A PROVIDER TO SUBMIT PROGRESS REPORTS MORE FREQUENTLY
THAN EVERY NINETY DAYS.
(10) (a) THE COURT MAY, UPON A SHOWING OF GOOD CAUSE, ORDER
CDHS TO FACILITATE AN EXAMINATION BY A PROFESSIONAL PERSON
REGARDING THE RESPONDENT'S PROGRESS WITH TREATMENT AND WHETHER
THE RESPONDENT MEETS THE CRITERIA FOR CONVERSION OF THE CIVIL
COMMITMENT TO AN ENHANCED PROTECTIVE PLACEMENT, CERTIFICATION
FORSHORT-TERMTREATMENT,ORSHORT-TERMPROTECTIVEPLACEMENT,OR
MEETS THE CRITERIA FOR TER.lv1INA TION OF THE CIVIL COMMITMENT
PURSUANT TO SECTION 27-65-202, UNLESS CDHS HAS FACILITATED A
SIMILAR EXAMINATION OF THE RESPONDENT IN THE PAST ONE HUNDRED
TWENTY DAYS. THE RESPONDENT SHALL COOPERATE WITH ANY
PAGE 116-SENATE BILL 26-149
EXAMINATIONS ORDERED PURSUANT TO THIS SUBSECTION (lO)(a).
(b) STATEMENTS MADE BY THE RESPONDENT DURING AN
EXAMINATION CONDUCTED PURSUANT TO THIS SUBSECTION ( 10) MUST NOT
BE USED IN ANY CRIMINAL PROSECUTION.
(c) GOOD CAUSE INCLUDES A RESPONDENT'S TIMELY REQUEST FOR
AN EVALUATION THAT ALLOWS A COMPETENCY EVALUATOR TO PROVIDE A
SECOND OPINION IN RESPONSE TO THE REPORT PROVIDED PURSUANT TO
SUBSECTION (8) OF THIS SECTION THAT OPINES THAT THE RESPONDENT DOES
NOT MEET THE CRITERIA FOR TERMINATION.
( 11) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2031.
27-65-202. Termination of civil commitment -repeal.
( 1) THE COURT SHALL TERMINATE A RESPONDENT'S CIVIL
COMMITMENT ORDERED PURSUANT TO SECTION 27-65-201 IF THE
RESPONDENT:
(a) No LONGER POSES A SUBSTANTIAL RISK OF SERIOUS HARM TO
OTHERS; OR
(b) DOES NOT HA VE A MENTAL HEALTH DISORDER THAT IS LIKELY TO
CAUSE THE RESPONDENT TO BE A DANGER TO THE RESPONDENT'S SELF OR A
DANGER TO OTHERS AND THE RESPONDENT HAS DEMONSTRATED SUFFICIENT
CAPACITY AND WILLINGNESS TO CONFORM THE RESPONDENT'S CONDUCT TO
THE REQUIREMENTS OF THE LAW.
(2) (a) IF A TREATMENT PROVIDER CHARGED WITH THE PHYSICAL
CARE AND CUSTODY OF THE RESPONDENT DETERMINES THAT THE
RESPONDENT MEETS THE ST AND ARD FOR TERMINATION FROM CIVIL
COMMITMENT PURSUANT TO SUBSECTION ( 1) OF THIS SECTION, THE
PROVIDER OR THE PROVIDER'S DESIGNEE SHALL REPORT THE DETERMINATION
TO THE COURT THAT PLACED THE RESPONDENT INTO THE PROVIDER'S CARE
AND CUSTODY, THE COUNTY ATTORNEY, AND THE DISTRICT ATTORNEY WHO
ORIGINALLY SOUGHT CIVIL COMMITMENT OR AN ENHANCED PROTECTIVE
PLACEMENT PURSUANT TO SECTION 16-8.5-118. THE COURT SHALL FURNISH
A COPY OF ANY REPORTS RECEIVED TO THE RESPONDENT AND THE
RESPONDENT'S COUNSEL.
PAGE 117-SENATE BILL 26-149
(b) THE DETERMINATION REPORTED PURSUANT TO SUBSECTION (2)( a)
OF THIS SECTION MUST INCLUDE:
(I) THE TREATMENT PROVIDER'S OPINION THAT THE RESPONDENT
MEETS THE CRITERIA FOR TERMINATION OF THE CIVIL COMMITMENT
PURSUANT TO SUBSECTION (1) OF THIS SECTION;
(II) AN ASSESSMENT OF THE RESPONDENT'S RISK OF HARM TO
OTHERS;AND
(III) SPECIFIC FACTS AND EVIDENCE SUPPORTING EACH OPINION IN
THE REPORT, INCLUDING A SUMMARY OF THE MATERIALS REVIEWED,
ASSESSMENTS CONDUCTED, AND OTHER BASES OF OPINIONS RENDERED.
(3) (a) THE RESPONDENT MAY REQUEST TERMINATION OF THE CIVIL
COMMITMENT IN WRITING AT ANY TIME THE RESPONDENT WOULD NOT BE
PROHIBITED FROM HA VINO A SUBSEQUENT TERMINATION TRIAL PURSUANT
TO SUBSECTION (7) OF THIS SECTION.
(b) THE COURT SHALL DENY THE REQUEST UNLESS THE REQUEST FOR
TERMINATION INCLUDES AN OPINION FROM A PROFESSIONAL PERSON THAT
THE RESPONDENT CURRENTLY MEETS THE CRITERIA FOR TERMINATION OF
THE CIVIL COMMITMENT PURSUANT TO SUBSECTION (1) OF THIS SECTION.
(4) (a) IF THE COURT DOES NOT DENY THE REQUEST FOR
TERMINATION WITHOUT A HEARING, THE COURT SHALL PERMIT THE COUNTY
ATTORNEY AND THE DISTRICT ATTORNEY WHO ORIGINALLY SOUGHT CIVIL
COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT PURSUANT TO
SECTION 16-8.5-118 FOURTEEN DAYS TO OBJECT TO TERMINATION OR
REQUEST AN OPPORTUNITY TO CONDUCT AN INDEPENDENT EVALUATION BY
AN EXPERT OF THE COUNTY ATTORNEY'S OR DISTRICT ATTORNEY'S OWN
CHOOSING AND EXPENSE.
(b) IFNEITHERTHECOUNTY ATTORNEYNORTHEDISTRICT ATTORNEY
OBJECT OR REQUEST AN OPPORTUNITY TO REQUEST AN INDEPENDENT
EVALUATION, THE COURT SHALL TERMINATE THE RESPONDENT'S CIVIL
COMMITMENT.
(c) Ir EITHER THE COUNTY ATTORNEY OR THE DISTRICT ATTORNEY
REQUEST AN OPPORTUNITY TO CONDUCT AN INDEPENDENT EVALUATION, THE
PAGE 118-SENATE BILL 26-149
COURT SHALL GRANT THAT REQUEST, ORDER THE RESPONDENT TO COMPLY
WITH THE EVALUATION, AND PERMIT THE COUNTY ATTORNEY OR DJSTRICT
ATTORNEY A REASONABLE PERIOD OF TIME TO IDENTIFY AN EXPERT,
CONDUCT THE EVALUATION, AND ISSUE A REPORT. IF BOTH THE COUNTY
ATTORNEY AND DISTRICT ATTORNEY REQUEST AN INDEPENDENT
EVALUATION, THE COURT SHALL TREAT THE REQUEST AS A JOINT REQUEST
FOR A SINGLE INDEPENDENT EVALUATION. THE COST OF THE INDEPENDENT
EVALUATION MUST BE PAID FOR BY THE REQUESTING PARTY.
( d) IF THE RESPONDENT DOES NOT COOPERATE WITH THE
EVALUATION, THE COURT MAY GRANT ADDITIONAL TIME OR DENY THE
RESPONDENT'S REQUEST FOR TERMINATION.
( e) UPON RECEIPT OF THE INDEPENDENT EVALUATION REPORT, THE
COUNTY ATTORNEY OR DISTRICT ATTORNEY MUST PROVIDE A COPY TO
RESPONDENT'S COUNSEL AND THE COURT WITHIN FOURTEEN DAYS.
(t) IF NEITHER THE COUNTY ATTORNEY NOR DISTRICT ATTORNEY
OBJECT WITHIN THE TIME PERMITTED BY THE COURT, THE COURT SHALL
TERMINATE THE RESPONDENT'S CIVIL COMMITMENT.
(5) (a) IF EITHER THE COUNTY ATTORNEY OR DISTRICT ATTORNEY
TIMELY OBJECTS, THE COURT SHALL, AS SOON AS PRACTICABLE, BRING THE
RESPONDENT BEFORE THE COURT, ENSUR E THE RESPONDENT AND THE
RESPONDENT'S COUNSEL RECEIVED A COPY OF THE REPORT, AND ADVISE THE
RESPONDENT OF THE RIGHT TO DEMAND A TRIAL BY THE COURT OR THE
RIGHT TO DEMAND, IN WRITING, A JURY TRIAL OF NOT MORE THAN SIX
INDIVIDUALS TO DETERMINE WHETHER THE RESPONDENT MEETS THE
CRITERIA FOR TERMINATION PURSUANT TO SUBSECTION ( 1) OF THIS SECTION.
(b) IF THE RESPONDENT DEMANDS A TRIAL BEFORE THE COURT, THE
COURT SHALL SCHEDULE THE TRIAL TO BEGIN WITHIN THIRTY-FIVE DAYS
AFTER THE DEMAND. IF THE RESPONDENT DEMANDS A JURY TRIAL, THE
COURT SHALL SCHEDULE THE TRIAL TO BEGIN WITHIN SEVENTY-TWO DAYS
AFTER THE DEMAND. A DELAY ATTRIBUTABLE TO THE RESPONDENT IS
EXCLUDED FROM THE TIME LIMITATIONS IN THIS SUBSECTION (5)(b ). IF THE
COURT DOES NOT BEGIN THE TRIAL WITHIN THE TIME PERMITTED PURSUANT
TO THIS SUBSECTION (5)(b), THE COURT SHALL TERMINATE THE CIVIL
COMMITMENT AND RELEASE THE RESPONDENT FROM THE PROVIDER'S CARE
AND CUSTODY.
PAGE 119-SENATE BILL 26-149
(c) IF THE COUNTY ATTORNEY DOES NOT OBJECT TO TERMINATION
BUT THE DISTRICT ATTORNEY DOES, THE DISTRICT ATTORNEY HAS STANDING
TO SERVE AS THE COUNTY ATTORNEY FOR THE LIMITED PURPOSE OF TRIAL
AND ANY APPEALS RELATED TO THE TRIAL. THE COUNTY ATTORNEY SHALL
TIMELY PROVIDE THE DISTRICT ATTORNEY ALL INFORMATION AND RECORDS
RELEVANT TO THE TRIAL IN THE COUNTY ATTORNEY'S POSSESSION OR
CONTROL WITHOUTSUBPOENAORCOURTORDER. THE DISTRICT AlTORNEY'S
LIMITED ST ANDING DOES NOT EXTEND TO ANY OTHER MATTERS RELATED TO
THE CIVIL COMMITMENT AND TERMINATES UPON RESOLUTION OF THE TRIAL
AND ANY RELATED APPEALS.
( 6) (a) AT THE TRIAL, IF ANY EVIDENCE IS INTRODUCED THAT SHOWS
THE RESPONDENT DOES NOT MEET THE CRITERIA FOR TERMINATION OF THE
CIVIL COMMITMENT PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE
RESPONDENT HAS THE BURDEN TO SHOW BY A PREPONDERANCE OF THE
EVIDENCE THAT THE RESPONDENT MEETS THE CRITERIA FOR TERMINATION
PURSUANT TO SUBSECTION (1) OF THIS SECTION.
(b) IF THE TRIER OF FACT FINDS, BY A PREPONDERANCE OF THE
EVIDENCE, THAT THE RESPONDENT MEETS THE CRITERIA FOR TERMINATION
PURSUANT TO SUBSECTION ( 1) OF THIS SECTION, THE COURT SHALL ORDER
THE RESPONDENT RELEASED FROM THE PROVIDER'S CARE AND CUSTODY AND
TERMINATE THE RESPONDENT'S CIVIL COMMITMENT. IF THE TRIER OF FACT
FINDS, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE RESPONDENT
DOESNOTMEETTHECRITERIAFORTERMINATIONPURSUANTTOSUBSECTION
( 1) OF THIS SECTION, THE COURT SHALL CONTINUE THE CIVIL COMMITMENT
AND MAY ENTER OR MODIFY ANY ORDERS TO ASSIST IN PROGRESSING THE
TREATMENT OF THE RESPONDENT OR THAT ARE NECESSARY TO PROTECT THE
PUBLIC.
(7) IF THE TRIER OF FACT FINDS THE RESPONDENT DOES NOT MEET
THE CRITERIA FOR TERMINATION PURSUANT TO SUBSECTION ( 1) OF THIS
SECTION, THE RESPONDENT IS NOT ENTITLED TO ANOTHER TERMINATION
TRIAL WITHIN ONE YEAR AFTER THE CONCLUSION OF THE PREVIOUS TRIAL
FOR TERMINATION.
(8) IF THE RESPONDENT DOES NOT MEET THE CRITERIA FOR
TERMINATION PURSUANT TO SUBSECTION (1) OF THIS SECTION AND HAS A
MENTAL HEALTH DISORDER THAT IS AN INTELLECTUAL AND
DEVELOPMENTAL DISABILITY OR A NEUROCOGNITIVE DISORDER, AS THOSE
PAGE 120-SENATE BILL 26-149
TERMS ARE DEFINED IN SECTION 25 .5-10-501, WITHOUT HA YING ANY OTHER
MENTAL HEAL TH DISORDER THAT IS NOT AN INTELLECTUAL AND
DEVELOPMENTAL DISABILITY OR NEUROCOGNITIVE DISORDER AND THAT
SUBSTANTIALLY CONTRIBUTES TO WHETHER THE RESPONDENT IS A DANGER
TO THE RESPONDENT'S SELF OR A DANGER TO OTHERS, OR IS GRAVELY
DISABLED, THE COURT SHALL CONVERT THE CIVIL COMMITMENT TO AN
ENHANCED PROTECTIVE PLACEMENT AND MAY MODIFY THE TERMS OF THE
ENHANCED PROTECTIVE PLACEMENT IN ACCORDANCE WITH SECTION
25 .5-10-507.
(9) IF THE DEFENDANT DOES NOT MEET THE CRITERIA FOR
TERMINATION PURSUANT TO SUBSECTION ( 1) OF THIS SECTION AND HAS
CO-OCCURRING MENTAL HEAL TH DISORDERS THAT INCLUDE AN
INTELLECTUAL AND DEVELOPMENT AL DISABILITY OR A NEUROCOGNITIVE
DISORDER, AS THOSE TERMS ARE DEFINED IN SECTION 25.5-10-501, THE
COURT MAY, UPON THE RECOMMENDATION OF CDHS, CONVERT A CIVIL
COMMITMENT TO AN ENHANCED PROTECTIVE PLACEMENT AND MODIFY THE
TERMS OF THE ENHANCED PROTECTIVE PLACEMENT IN ACCORDANCE WITH
SECTION 25.5-10-507.
( 10) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2031.
SECTION 22. In Colorado Revised Statutes, add part 5 to article
10 of title 25.5 as follows:
PARTS
PROTECTIVE PLACEMENT AND
ENHANCED PROTECTIVE PLACEMENT
25.5-10-501. Definitions.
AS USED IN THIS PART 5, UNLESS THE CONTEXT OTHER WISE REQUIRES:
(1)
11
BEHAVIORALHEALTHADMINISTRATION
11
OR
11
BHA
11
MEANSTHE
BEHAVIORAL HEALTH ADMINISTRATION ESTABLISHED IN SECTION 27-60-203.
(2) "DANGER TO OTHERS" HAS THE MEANING SET FORTH IN SECTION
27-65-102.
(3) "DANGER TO THE PERSON'S SELF", OR SIMILAR TERMINOLOGY,
PAGE 121-SENATE BILL 26-149
HAS THE MEANING SET FORTH IN SECTION 27-65-102.
(4) "DEPARTMENT OF HEALTH CARE POLICY AND FINANCING" OR
"HCPF" MEANS THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING
CREATED IN SECTION 24-1-119.5.
(5) "DEPARTMENT OF HUMAN SERVICES" OR "CDHS" MEANS THE
DEPARTMENT OF HUMAN SERVICES.
(6) "INTELLECTUAL AND DEVELOPMENTAL DISABILITY" HAS THE
MEANING SET FORTH IN SECTION 25.5-10-202.
(7) "INTERVENING PROFESSIONAL" HAS THE MEANING SET FORTH IN
SECTION 27-65-102.
(8) "l\tlENTAL HEALTH DISORDER" HAS THE MEANING SET FORTH IN
SECTION 27-65-102.
(9) "NEUROCOGNITIVE DISORDER" MEANS A SUBSTANTIAL AND
PERSISTENT ACQUIRED DISORDER OF THE COGNITIVE OR NEUROLOGICAL
PROCESSES THAT GROSSLY IMPAIRS JUDGMENT, MEMORY, OR CAPACITY TO
RECOGNIZE REALITY OR TO CONTROL BEHAVIOR, GENERAL INTELLECTUAL
FUNCTIONING, OR ADAPTIVE BEHAVIOR THAT IS ATTRIBUTABLE TO A
NEUROLOGICAL OR COGNITIVE DISORDER OR RELATED CONDITION,
INCLUDING, BUT NOT LIMITED TO, A TRAUMATIC BRAIN INJURY, A
DEGENERATIVE DISORDER, OR DEMENTIA. "NEUROCOGNITIVE DISORDER"
DOES NOT INCLUDE AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY.
( 10) "PROFESSIONAL PERSON" HAS THE MEANING SET FORTH IN
SECTION 27-65-102.
(11) "REGIONAL CENTER" MEANS A FACILITY OR PROGRAM
OPERATED DIRECTLY BY THE DEPARTMENT OF HUMAN SERVICES THAT
PROVIDES SERVICES AND SUPPORTS TO PERSONS WITH INTELLECTUAL AND
DEVELOPMENT AL DISABILITIES.
(12) "SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS" HAS THE
MEANING SET FORTH IN SECTION 27-65-102.
25.5-10-502. Criteria and standards for protective placement.
PAGE 122-SENATE BILL 26-149
( 1) THE COURT MAY ORDER THE PROTECTIVE PLACEMENT OF A
RESPONDENT IF:
(a) THE RESPONDENT, BY CLEAR AND CONVINCING EVIDENCE, HAS A
NEUROCOGNITIVE DISORDER;
(b) WITH THE CONSIDERATION OF ALL REASONABLY AVAILABLE
INFORMATION, INCLUDING THE RELEVANT HISTORY OF THE RESPONDENT,
THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE RESPONDENT WILL
NOT REMAIN IN A VOLUNTARY TREATMENT PROGRAM; AND
( C) THE RESPONDENT, BY CLEAR AND CONVINCING EVIDENCE, IS A
DANGER TO THE RESPONDENT'S SELF OR A DANGER TO OTHERS.
(2) WHEN EVALUATING A PERSON TO DETERMINE WHETHER THE
PERSON MEETS THE CRITERIA PURSUANT TO SUBSECTION ( 1) OF THIS
SECTION, THE COURT, EVALUATOR, INTERVENING PROFESSIONAL, OR
PROFESSIONAL PERSON SHALL TAKE INTO CONSIDERATION:
(a) THE PERSON'S STATEMENTS AND INSIGHTS INTO THE PERSON'S
OWN NEUROCOGNITIVE DISORDER;
(b) CLINICAL DIAGNOSIS AND CLINICAL PERSPECTIVE ON THE
PERSON'S CURRENT MENTAL STATE AND PROGNOSIS;
( c) THE PERSON'S WILLINGNESS TO VOLUNTARILY SEEK AND COMPLY
WITH A TREATMENT PLAN IN THE REASONABLY FORESEEABLE FUTURE;
( d) RECENT OVERT ACTS BY THE PERSON TO THREATEN, CAUSE, OR
ATTEMPT TO CAUSE HARM TO THE PERSON'S SELF OR OTHERS;
( e) PREVIOUS PATTERNS OF DETERIORATION THAT RESULTED IN THE
PERSON'S HOSPITALIZATION, ARREST, CERTIFICATION FOR SHORT-TERM
TREATMENT, OR PROTECTIVE PLACEMENT;
(f) WHETHER THE PERSON WAS FOUND IN A CONDITION WHERE THE
PERSON WAS NOT ABLE TO CARE FOR THE PERSON'S OWN BASIC NEEDS IN
ORDER TO A VOID THE RISK OF SERIOUS PHYSICAL HARM; AND
(g) THE FREQUENCY, RECENCY, AND SEVERITY OF THE
PAGE 123-SENATE BILL 26-149
CONSIDERATIONS DESCRIBED IN SUBSECTIONS (2)(b) TO (2)(f) OF THIS
SECTION AND THE LIKELIHOOD THAT THE CONDITIONS AND EVENTS WILL
REOCCUR WITHOUT INVOLUNTARY TREATMENT.
(3) WHEN EVALUATING WHETHER A PERSON IS A DANGER TO THE
PERSON'S SELF OR A DANGER TO OTHERS, IS GRAVELY DISABLED, OR POSES
A SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS, THE COURT, EVALUATOR,
OR INTERVENING PROFESSIONAL SHALL, WHENEVER POSSIBLE, USE ALL
REASONABLE EFFORTS TO LEARN ABOUT PRIOR RELEVANT BEHAVIORS AND
PRIOR DIAGNOSES THROUGH AVAILABLE AND RELIABLE SOURCES, INCLUDING
THE PERSON'S PRIOR MEDICAL AND MENTAL HEALTH RECORDS, POLICE
REPORTS, AND INFORMATION FROM RELIABLE INDIVIDUALS WHO HA VE A
RELATIONSHIP OR REGULAR SUBSTANTIAL INTERACTIONS WITH THE PERSON.
(4) THE COURT OR PROFESSIONAL PERSON SHALL ASSESS AN
INCARCERATED PERSON AS IF THE PERSON WERE IN THE COMMUNITY WHEN
EVALUATING WHETHER THE PERSON MEETS THE CRITERIA PURSUANT TO
SUBSECTION (1) OF THIS SECTION.
25.5-10-503. Short-term protective placement for incompetent
defendants in a criminal matter.
(1) UPON PETITION OF A PROFESSIONAL PERSON OR INTERVENING
PROFESSIONAL ACTING WITHIN THE SCOPE OF THEIR AUTHORITY AND
LI CENSURE, AN APPOINTED LEGAL GUARDIAN, OR A REPRESENTATIVE OF THE
BHA OR HCPF, A COURT MAY CERTIFY A PERSON FOR SHORT-TERM
PROTECTIVE PLACEMENT FOR NOT MORE THAN THREE MONTHS UNDER THE
FOLLOWING CONDITIONS:
(a) THE PERSON IS OR RECENTLY WAS A DEFENDANT IN A CRIMINAL
MA TIER IN WHICH THE PERSON HAS BEEN FOUND INCOMPETENT TO PROCEED;
(b) THE COURT HEARING THE CRIMINAL MA TIER REFERRED THE
MA TIER FOR FILING OF A PETITION PURSUANT TO SECTION 16-8.5-117;
( c) A PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL ACTING
WITHIN THE SCOPE OF THEIR AUTHORITY AND LI CENSURE:
(I) HAS AN ESTABLISHED TREATMENT RELATIONSHIP WITH THE
PERSON, INCLUDING HA YING PROVIDED CARE TO THE PERSON IN THE PAST
PAGE 124-SENATE BILL 26-149
THREE MONTHS, WHICH CARE FORMS THE BASIS FOR REQUESTING THE
SHORT-TERM PROTECTIVE PLACEMENT; AND
(II) HAS EVALUATED THE PERSON WITHIN THE PAST THREE MONTHS
AND PRODUCED A WRITTEN OPINION THAT THE PERSON MEETS THE CRITERIA
FOR PROTECTIVE PLACEMENT PURSUANT TO SECTION 25 .5-10-502;
( d) THERE IS A SKILLED NURSING FACILITY, A REGIONAL CENTER, OR
ANOTHER PLACEMENT WILLING TO ACCEPT CARE AND CUSTODY OF THE
RESPONDENT AND TO HOLD THE PROTECTIVE PLACEMENT; AND
( e) THE PERSON, THE PERSON'S LEGAL GUARDIAN, AND THE PERSON'S
LAY PERSON, IF APPLICABLE, HA VE BEEN ADVISED OF THE PERSON'S RIGHT TO
AN ATTORNEY AND TO CONTEST THE SHORT-TERM PROTECTIVE PLACEMENT.
(2) THE PETITION FILED PURSUANT TO SUBSECTION (1) OF THIS
SECTION MUST:
(a) STATE SUFFICIENT FACTS TO ESTABLISH REASONABLE GROUNDS
THAT THE RESPONDENT MEETS THE CRITERIA FOR SHORT-TERM PROTECTIVE
PLACEMENT PURSUANT TO SECTION 25 .5-10-502, INCLUDING A TT ACHING THE
PROFESSIONAL PERSON'S OR INTERVENING PROFESSIONAL'S WRITTEN OPINION
PRODUCED PURSUANT TO SUBSECTION ( 1 )( c )(II) OF THIS SECTION;
(b) BE FILED WITHIN FOURTEEN DAYS AFTER THE INITIATING PARTY
RECEIVED THE COURT ORDER FROM THE CRIMINAL COURT INITIATING THE
SHORT-TERM PROTECTIVE PLACEMENT; AND
( c) BE FILED WITH THE COURT IN THE COUNTY WHERE THE
RESPONDENT RESIDED OR WAS PHYSICALLY PRESENT IMMEDIATELY PRIOR TO
THE FILING OF THE PETITION; EXCEPT THAT, IF THE PERSON WAS ARRESTED
FOR THE PRIOR CASE AND HELD IN CUSTODY, THE PETITION MAY BE FILED IN
THE COUNTY WHERE THE RESPONDENT RESIDED OR WAS PHYSICALLY
PRESENT IMMEDIATELY PRIOR TO THE RESPONDENT'S ARREST.
(3) WITHIN TWENTY-FOUR HOURS AFTER CERTIFICATION, COPIES OF
THE SHORT-TERM PROTECTIVE PLACEMENT MUST BE PERSONALLY
DELIVERED TO THE RESPONDENT AND HCPF WHO SHALL RETAIN A COPY OF
THE CERTIFICATION AS PART OF THE RESPONDENT'S RECORD. IF THE
CRIMINAL CASE IS PENDING, OR NOT YET DISMISSED, THE PETITIONING PARTY
PAGE 125-SENATE BILL 26-149
SHALL PROVIDE NOTICE OF THE FILING OF THE PETITION TO THE CRIMINAL
COURT. THE CRIMINAL COURT SHALL PROVIDE THE NOTICE TO THE
PROSECUTING AND DEFENSE ATTORNEYS IN THE CRIMINAL CASE AND ANY
ATTORNEY APPOINTED THE RESPONDENT PURSUANT TO SUBSECTION (5) OF
THIS SECTION.
( 4) THE PETITIONER SHALL ASK THE RESPONDENT TO DESIGNATE ONE
OTHER PERSON WHOM THE RESPONDENT WANTS TO BE INFORMED
REGARDING THE PETITION. IF THE RESPONDENT IS INCAPABLE OF MAKING A
DESIGNATION ATTHETIMETHEPETITION IS DELIVERED, THE COURT MAY ASK
THE RESPONDENT TO DESIGNATE A PERSON AS SOON AS THE RESPONDENT IS
CAPABLE. IF THE PETITIONER FAILS TO ASK THE RESPONDENT TO DESIGNATE
A PERSON, THE RESPONDENT'S ATTORNEY APPOINTED PURSUANT TO
SUBSECTION ( 5) OF THIS SECTION SHALL REPORT TO THE COURT ANY PERSON
WHOM THE RESPONDENT WANTS TO 13E INFORMED REGARDING THE PETITION.
(5) WHENEVER A PETITION IS FILED PURSUANT TO THIS SECTION, THE
COURT SHALL IMMEDIATELY APPOINT AN ATTORNEY TO REPRESENT THE
RESPONDENT. THE COURT SHALL PROVIDE THE RESPONDENT WITH A WRITTEN
NOTICE THAT THE RESPONDENT HAS A RIGHT TO A HEARING ON THE PETITION
AND MAY MAKE A WRITTEN REQUEST FOR A JURY TRIAL. THE RESPONDENT
HAS THE RIGHT TO AN ATTORNEY FOR ALL PROCEEDINGS CONDUCTED
PURSUANT TO THIS SECTION, INCLUDING ANY APPEALS. THE ATTORNEY
REPRESENTING THE RESPONDENT MUST BE PROVIDED WITH A COPY OF THE
PETITION AND ANY SUPPORTING MATERIALS IMMEDIATELY UPON THE
ATTORNEY'S APPOINTMENT. THE RESPONDENT MAY ONLY WAIVE COUNSEL
WHEN THE RESPONDENT MAKES A KNOWING AND VOLUNTARY WAIVER IN
FRONT OF THE COURT.
(6) UPON FILING A PETITION PURSUANT TO THIS SECTION AND
AFFORDING THE RESPONDENT A CHANCE TO CONTEST THE PETITION, THE
COURT MAY GRANT OR DENY THE PROTECTIVE PLACEMENT BASED ON THE
FACTS ESTABLISHED IN THE PETITION, SUBJECT TO THE COURT'S FURTHER
REVIEW OR A JURY TRIAL.
(7) WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE PETITION FILED
PURSUANT TO THIS SECTION, THE RESPONDENT, OR THE RESPONDENT'S
ATTORNEY, MAY REQUEST A JURY TRIAL BY FILING A WRITTEN MOTION WITH
THE COURT.
PAGE 126-SENATE BILL 26-149
(8) THE RESPONDENT MAY KNOWINGLY AND VO LUNT ARIL Y CONSENT
TO THE PETITION IN WRITING.
(9) THERESPONDENTORTHERESPONDENT'SATTORNEYMA Y,AT ANY
TIME, FILE A WRITTEN REQUEST FOR THE COURT TO REVIEW THE SHORT-TERM
PROTECTIVE PLACEMENT. IF A REVIEW IS REQUESTED, THE COURT SHALL
HEAR THE MA TIER WITHIN FOURTEEN DAYS AFTER THE REQUEST, AND THE
COURT SHALL GIVE NOTICE TO THE RESPONDENT, THE RESPONDENT'S
A ITORNEY, HCPF, AND THE COMMUNITY OR FACILITY PROVIDER WHO IS OR
WILL PROVIDE TREATMENT. THE HEARING MUST BE HELD IN ACCORDANCE
WITH SECTION 25.5-10-510. AT THE CONCLUSION OF THE HEARING, THE
COURT MAY ENTER OR CONFIRM THE SHORT-TERM PROTECTIVE PLACEMENT,
DISCHARGE THE RESPONDENT, OR ENTER ANY OTHER APPROPRIATE ORDER.
(10) (a) THE BHA, HCPF, THE DEPARTMENT OF HUMAN SERVICES,
AND CARE PROVIDERS MAY SHARE INFORMATION WITH EACH OTHER AND THE
PARTIES AS NECESSARY. THE BHA, HCPF, THE DEPARTMENT OF HUMAN
SERVICES, AND CARE PROVIDERS MAY RECEIVE AND POSSESS ALL
INFORMATION RELEVANT TO THE PROCEEDINGS HELD PURSUANT TO THIS
SECTION, INCLUDING ANY EVALUATIONS; ANY MEDICAL AND MENTAL
HEALTH RECORDS FOR WHICH A WAIVER OR PRIVILEGE HAS BEEN FOUND IN
PROCEEDINGS HELD PURSUANT TO THIS PART 5, ARTICLE 65 OF TITLE 27, OR
ARTICLE 8 OR 8.5 OF TITLE 16; AND RELEVANT CRIMINAL JUSTICE RECORDS,
INCLUDING ANY CRIMINAL HISTORY OF THE RESPONDENT.
(b) THE COURT MAY ORDER THE DISTRICT A TTOR.t~EY RESPONSIBLE
FOR PROSECUTING A CRIMINAL CASE THAT LED TO PROCEEDINGS PURSUANT
TO THIS SECTION OR SECTION 16-8.5-117 TO SEND RELEVANT RECORDS TO
HCPF WITHIN SEVEN DAYS AFTER THE COURT'S ORDER.
( c) ANY CURRENT OR FORMER ATTORNEY WHO REPRESENTED THE
RESPONDENT IN ANY PROCEEDING SHALL SEND MATERIALS TO HCPF WITH
THE RESPONDENT'S CONSENT.
(11) (a) UNLESS AN APPROPRIATE PROVIDER HAS ALREADY BEEN
IDENTIFIED AND IS WILLING TO ACCEPT THE PROTECTIVE PLACEMENT, THE
COURT SHALL NOTIFY HCPF REGARDING THE NEED FOR CARE
COORDINATION.
(b) ONCE HCPF IS NOTIFIED PURSUANT TO SUBSECTION (l l)(a) OF
PAGE 127-SENATE BILL 26-149
THIS SECTION, HCPF SHALL MAKE DILIGENT EFFORTS TO FIND A PROVIDER
FOR THE RESPONDENT, ASSIST WITH INTENSIVE COORDINATION, AND
MITIGATE BARRIERS TO APPROPRIATE PLACEMENT. HCPF SHALL
COLLA BORA TE AND COORDINATE WITH OTHER STATE EXECUTIVE AGENCIES,
LAW ENFORCEMENT, THE COURT, THE PARTIES, COMMUNITY PARTNERS,
REGIONAL ACCOUNTABLE ENTITIES, AND CASE MANAGEMENT AGENCIES TO
IDENTIFY AN APPROPRIATE PLACEMENT FOR THE RESPONDENT, WHICH
PLACEMENT IS SUBJECT TO MEDICAID REIMBURSEMENT.
( c) THE CASE MANAGEMENT AGENCY MUST PROVIDE CASE
MANAGEMENT SERVICES, AS DEFINED IN SECTION 25.5-6-1702.
( d) HCPF SHALL KEEP THE COURT INFORMED, IN WRITING, OF
EFFORTS MADE TO FIND AN APPROPRIATE PLACEMENT FOR THE RESPONDENT.
(12) UPON ORDERING A SHORT-TERM PROTECTIVE PLACEMENT OF
THE RESPONDENT, THE PROVIDER ORDERED TO RECEIVE THE RESPONDENT
HAS CARE AND PHYSICAL CUSTODY OF THE RESPONDENT.
( 13) WHENEVER IT APPEARS TO THE COURT THAT A RESPONDENT IN
A SHORT-TERM PROTECTIVE PLACEMENT SHOULD BE TRANSFERRED TO
ANOTHER PROVIDER FOR TREATMENT AND THE SAFETY OF THE RESPONDENT
OR THE PUBLIC REQUIRES THAT THE RESPONDENT BE TRANSPORTED BY A
SECURE TRANSPORTATION PROVIDER ORA LAW ENFORCEMENT AGENCY, THE
COURT MAY ISSUE AN ORDER DIRECTING THE LAW ENFORCEMENT AGENCY
WHERE THE RESPONDENT RESIDES OR SECURE TRANSPORTATION PROVIDER
TO DELIVER THE RESPONDENT TO THE DESIGNATED PROVIDER.
( 14) IN ACCORDANCE WITH THE PROCEDURES DESCRIBED IN SECTION
25 .5-10-506, A SHORT-TERM PROTECTIVE PLACEMENT MAY BE TERMINATED
UPON THE SIGNATURE OF THE TREATING MEDICAL PROFESSIONAL AND THE
MEDICAL DIRECTOR OF THE FACILITY. AF ACILITY OR PROGRAM SHALL MAKE
THE RESPONDENT'S DISCHARGE INSTRUCTIONS AVAILABLE TO THE
RESPONDENT, THE RESPONDENT'S ATTORNEY, AND THE RESPONDENT'S LEGAL
GUARDIAN.
( 15) IF THE PROFESSIONAL PERSON IN CHARGE OF THE RESPONDENT'S
EVALUATION AND TREATMENT BELIEVES THAT A PERIOD LONGER THAN
THREE MONTHS IS NECESSARY TO TREAT THE RESPONDENT, THE
PROFESSIONAL PERSON SHALL FILE WITH THE COURT A REQUEST FOR AN
PAGE 128-SENATE BILL 26-149
EXTENDED PROTECTIVE PLACEMENT AT LEAST THIRTY DAYS PRIOR TO THE
EXPIRATION DA TE OF THE ORIGINAL PROTECTIVE PLACEMENT. AN EXTENDED
PROTECTIVE PLACEMENT FOR TREATMENT MUST NOT BE FOR A PERIOD OF
MORE THAN THREE MONTHS. THE RESPONDENT IS ENTITLED TO A HEARING
ON THE EXTENDED PROTECTIVE PLACEMENT UNDER THE SAME CONDITIONS
AS AN ORIGINAL PROTECTIVE PLACEMENT. THE ATTORNEY INITIALLY
REPRESENTING THE RESPONDENT SHALL CONTINUE TO REPRESENT THE
RESPONDENT, UNLESS THE COURT APPOINTS ANOTHER ATTORNEY.
25.5-10-504. Long-term protective placement of persons with a
neurocognitive disorder -procedure.
( 1) IF A RESPONDENT HAS RECEIVED AN EXTENDED PROTECTIVE
PLACEMENTPURSUANTTOSECTION25.5-10-503, THE PROFESSIONAL PERSON
IN CHARGE OF THE EXTENDED PROTECTIVE PLACEMENT, THE APPOINTED
LEGAL GUARDIAN, OR THE COUNTY ATTORNEY MAY FILE A PETITION WITH
THE COURT AT LEAST THIRTY DAYS PRIOR TO THE EXPIRATION DATE OF THE
EXTENDED PROTECTIVE PLACEMENT FOR A LONG-TERM PROTECTIVE
PLACEMENT OF THE RESPONDENT UNDER THE FOLLOWING CONDITIONS:
(a) THE PROFESSIONAL STAFF OF THE AGENCY OR FACILITY
PROVIDING SHORT-TERM PROTECTIVE PLACEMENT HAS ANALYZED THE
RESPONDENT'S CONDITION AND FOUND THE RESPONDENT CONTINUES TO
MEET THE CRITERIA FOR PROTECTIVE PLACEMENT PURSUANT TO SECTION
25.5-10-502 (1); AND
(b) HCPF, IN COLLABORATION WITH THE BHA, HAS IDENTIFIED AN
APPROPRIATE PROVIDER OR PLACEMENT TO PROVIDE CARE AND TREATMENT
OF THE RESPONDENT.
(2) A PETITION FOR LONG-TERM PROTECTIVE PLACEMENT MUST
INCLUDE A REQUEST FOR A HEARING BEFORE THE COURT PRIOR TO THE
EXPIRATION OF SIX MONTHS AFTER THE DA TE OF THE ORIGINAL ORDER FOR
A PROTECTIVE PLACEMENT AND PROVIDE A RECOMMENDATION AS TO
WHETHER THE LONG-TERM PROTECTIVE PLACEMENT SHOULD TAKE PLACE ON
AN INPATIENT OR OUTPATIENT BASIS. A COPY OF THE PETITION MUST BE
DELIVERED PERSONALLY TO THE RESPONDENT FOR WHOM LONG-TERM
PROTECTIVE PLACEMENT IS SOUGHT AND ELECTRONICALLY DELIVERED TO
THE RESPONDENT'S ATTORNEY OF RECORD SIMULTANEOUSLY WITH THE
FILING.
PAGE 129-SENATE BILL 26-149
(3) WITHIN TEN DAYS AFTER RECEIPT OF THE PETITION, THE
RESPONDENT MAY REQUEST A HEARING BEFORE THE COURT ORA JURY TRIAL
BY FILING A WRITTEN REQUEST WITH THE COURT.
(4) THE COURT OR JURY SHALL DETERMINE WHETHER THE
CONDITIONS OF SUBSECTION ( 1) OF THIS SECTION ARE MET AND WHETHER
THE RESPONDENT CONTINUES TO MEET THE CRITERIA AND STANDARDS FOR
PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-502 (1). THE
COURT SHALL ISSUE AN ORDER OF LONG-TERM PROTECTIVE PLACEMENT FOR
A TERM NOT TO EXCEED SIX MONTHS, DISCHARGE THE RESPONDENT FOR
WHOM LONG-TERM PROTECTIVE PLACEMENT WAS SOUGHT, OR ENTER ANY
OTHER APPROPRIATE ORDER. AN ORDER FOR LONG-TE~\1 PROTECTIVE
PLACEMENT MUST GRANT CUSTODY OF THE RESPONDENT TO THE PROVIDER
OR PLACEMENT IDENTIFIED PURSUANT TO SUBSECTION ( 1 )(b) OF THIS
SECTION. WHEN A PETITION CONTAINS A REQUEST THAT A SPECIFIC LEGAL
DISABILITY BE IMPOSED OR THAT A SPECIFIC LEGAL RIGHT BE DEPRIVED, THE
COURT MAY ORDER THE DISABILITY IMPOSED OR THE RIGHT DEPRIVED IF THE
COURT OR A JURY HAS DETERMINED THAT THE RESPONDENT MEETS THE
CRITERIA AND ST AND ARDS FOR PROTECTIVE PLACEMENT PURSUANT TO
SECTION 25.5-10-502 (1) AND THAT, AS A RESULT, THE RESPONDENT IS
UNABLE TO COMPETENTLY EXERCISE THE SPECIFIC LEGAL RIGHT OR PERFORM
THE FUNCTION FOR WHICH THE DISABILITY IS SOUGHT TO BE IMPOSED. ANY
INTERESTED PERSON MAY ASK LEA VE OF THE COURT TO INTERVENE AS A
COPETITIONER FOR THE PURPOSE OF SEEKING THE IMPOSITION OF A LEGAL
DISABILITY OR THE DEPRIVATION OF A LEGAL RIGHT.
(5) AN ORIGINAL ORDER OF LONG-TERM PROTECTIVE PLACEMENT
AND AN EXTENSION OF THE ORDER EXPIRES ON THE DATE SPECIFIED, UNLESS
FURTHER EXTENDED AS PROVIDED IN THIS SUBSECTION (5). IF AN EXTENSION
IS BEING SOUGHT, THE PROFESSIONAL PERSON IN CHARGE OF THE
EVALUATION AND TREATMENT SHALL CERTIFY TO THE COURT AT LEAST
THIRTY DAYS PRIOR TO THE EXPIRATION DA TE OF THE ORDER IN FORCE THAT
AN EXTENSION OF THE ORDER IS NECESSARY FOR THE PROTECTIVE
PLACEMENT OF THE RESPONDENT SUBJECT TO THE ORDER IN FORCE, AND A
COPY OF THE ORDER MUST BE SIMULTANEOUSLY DELIVERED TO THE
RESPONDENT AND ELECTRONICALLY DELIVERED TO THE RESPONDENT'S
ATTORNEYOFRECORD.ATLEASTTWENTYDAYSBEFORETHEEXPIRATIONOF
THE ORDER, THE COURT SHALL GIVE WRITTEN NOTICE TO THE RESPONDENT
AND THE RESPONDENT'S ATTORNEY OF RECORD THAT A HEARING UPON THE
EXTENSION MAY BE HAD BEFORE THE COURT OR A JURY UPON WRITTEN
PAGE 130-SENATE BILL 26-149
REQUEST TO THE COURT WITHIN TEN DAYS AFTER RECEIPT OF THE NOTICE.
IF A HEARING IS NOT TIMELY REQUESTED BY THE RESPONDENT, THE COURT
MAY PROCEED EX PARTE. IF A HEARING IS TIMELY REQUESTED, THE HEARING
MUST BE HELD BEFORE THE EXPIRATION DATE OF THE ORDER IN FORCE. IF
THECOURTORJURYFINDSTHATTHECONDITIONSOFSUBSECTION(l)OFTHIS
SECTION CONTINUE TO BE MET AND THAT THE RESPONDENT CONTINUES TO
MEET THE CRITERIA AND ST AND ARDS FOR PROTECTIVE PLACEMENT
PURSUANT TO SECTION 25.5-10-502 (1), THE COURT SHALL ISSUE AN
EXTENSION OF THE ORDER. ANY EXTENSION MUST NOT EXCEED SIX MONTHS,
BUT THERE MAY BE AS MANY EXTENSIONS AS THE COURT ORDERS PURSUANT
TO THIS SECTION.
( 6) A RESPONDENT PLACED IN LONG-TERM PROTECTIVE PLACEMENT
MAY BE DISCHARGED FROM THE PROVIDER OR FACILITY UPON THE
SIGNATURE OF THE TREATING PROFESSIONAL PERSON AND MEDICAL
DIRECTOR OF THE FACILITY, AND THE FACILITY SHALL NOTIFY THE COURT
PRIOR TO THE RESPONDENT'S DISCHARGE. THE FACILITY SHALL MAKE THE
RESPONDENT'S DISCHARGE INSTRUCTIONS AVAILABLE TO THE RESPONDENT,
THE RESPONDENT'S ATTORNEY, THE RESPONDENT'S LAY PERSON, AND THE
RESPONDENT'S LEGAL GUARDIAN, IF APPLICABLE, WITHIN ONE WEEK AFTER
DISCHARGE, IF REQUESTED. A FACILITY THAT IS TRANSFERRING A
RESPONDENT TO A DIFFERENT FACILITY OR TO AN OUTPATIENT PROGRAM
SHALL PROVIDE ALL TREATMENT RECORDS TO THE FACILITY OR PROVIDER
ACCEPTING THE RESPONDENT AT LEAST TWENTY-FOUR HOURS PRIOR TO THE
TRANSFER.
25.5-10-505. Connect respondent to home- and
community-based services.
WHEN A RESPONDENT IS DISCHARGED FROM A PROTECTIVE
PLACEMENT OR A PROTECTIVE PLACEMENT IS TERMINATED, HCPF SHALL
REFER THE RESPONDENT TO ANY HOME-AND COMMUNITY-BASED SERVICES
FOR WHICH THE RESPONDENT MAY BE ELIGIBLE AND SHALL MAKE DILIGENT
EFFORTS TO CONNECT THE RESPONDENT WITH HOME- AND
COMMUNITY-BASED SERVICES.
25.5-10-506. Termination of protective placement -sbort-term
and long-term placement.
A PROTECTIVE PLACEMENT TERMINATES WHEN THE PROFESSIONAL
PAGE 131-SENATE BILL 26-149
PERSON IN CHARGE OF TREATMENT OF THE RESPONDENT, AFTER A
REASONABLE OBSERVATION AND TREATMENT PERIOD, DETERMINES THE
RESPONDENT NO LONGER MEETS THE CRITERIA FOR PROTECTIVE PLACEMENT
PURSUANT TO SECTION 25.5-10-502 (1). WHEN A PROTECTIVE PLACEMENT
IS TERMINATED PURSUANT TO THIS SECTION, THE PROFESSIONAL PERSON IN
CHARGE OF PROVIDING CARE OR TREATMENT TO THE RESPONDENT SHALL
NOTIFY THE COURT IN WRITING WITHIN FIVE DAYS AFTER THE TERMINATION.
25.5-10-507. Court supervision of in com pctent and unrestorable
persons ordered into an enhanced protective placement.
(1) ONCEACRIMINALCOURTHASTRANSFERREDJURISDICTIONOF AN
ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION 16-8.5-118 TO
A CIVIL COURT WITH JURISDICTION PURSUANT TO SECTION 25 .5-10-509, THE
CIVIL COURT HAS EXCLUSIVE JURISDICTION OVER THE ENHANCED
PROTECTIVE PLACEMENT.
(2) UPON RECEIVING JURISDICTION OF AN ENHANCED PROTECTIVE
PLACEMENT, THE COURT SHALL:
(a) NOTIFY THE COUNTY ATTORNEY;
(b) APPOINT AN ATTORNEY TO REPRESENT THE RESPONDENT AND
PROVIDE COPIES OF ANY DOCUMENTS SENT FROM THE CRIMINAL COURT TO
THE R E SPONDENT'S ATTORNEY; AND
( c) SET A REVIEW HEARING AND ORDER THE RESPONDENT BROUGHT
BEFORE THE COURT.
(3) AT THE REVIEW HEARING, THE COURT SHALL:
(a) ENSURE THE RESPONDENT IS REPRESENTED BY COUNSEL; AND
(b) ADVISE THE RESPONDENT OF THE FOLLOWING RIGHTS:
(I) THE RIGHT TO APPEAR IN PERSON AT ANY PROCEEDING, UNLESS
WAIVED BY THE RESPONDENT;
(II) THE RIGHT TO BE REPRESENTED BY PRIVATELY RETAINED
COUNSEL, OR COURT-APPOINTED COUNSEL IF THE RESPONDENT DOES NOT
PAGE 132-SENATE BILL 26-149
HAVE PRIVATELY RETAINED COUNSEL, DURING ANY PROCEEDING HELD
PURSUANT TO THIS PART 5, INCLUDING ANY APPEALS;
(III) THE RIGHT TO REQUEST MODIFICATION OF THE TERMS OF THE
ENHANCED PROTECTIVE PLACEMENT; AND
(IV) THE RIGHT TO PERIODIC REVIEW OF THE ENHANCED PROTECTIVE
PLACEMENT AND THE RIGHT TO CONTEST, INCLUDING BY TRIAL, WHETHER
THE RESPONDENT QUALIFIES FOR TERMINATION OF THE ENHANCED
PROTECTIVE PLACEMENT.
( 4) AT ANY TIME DURING THE ENHANCED PROTECTIVE PLACEMENT,
THE COURT MAY:
(a) MODIFY ANY COURT ORDER OR ANY TERM OF THE ENHANCED
PROTECTIVE PLACEMENT UPON REQUEST OF THE PARTIES AFTER GIVING THE
PARTIES AN OPPORTUNITY TO OBJECT AND BE HEARD;
(b) ISSUE A WARRANT FOR THE RESPONDENT'S ARREST AND ORDER
THE RESPONDENT BE BROUGHT BEFORE THE COURT IF THE COURT
DETERMINES THE RESPONDENT HAS FAILED TO COMPLY WITH ANY OF THE
COURT'S ORDERS, INCLUDING THE RESPONDENT'S UNAUTHORIZED
DEPARTURE FROM THE PHYSICAL CUSTODY OF A PROVIDER;
( c) ORDER CDHS TO PROVIDE TO THE COURT:
(I) AN UPDATED OPINION ON WHETHER THE RESPONDENT MEETS THE
CRITERIA FOR TERMINATION OF THE ENHANCED PROTECTIVE PLACEMENT
PURSUANT TO SECTION 25.5-10-508; AND
(II) AN OPINION ON WHETHER THE RESPONDENT HAS AN
INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR NEUROCOGNITIVE
DISORDER THAT SUBSTANTIALLY CONTRIBUTES TO WHETHER THE
RESPONDENT IS A DANGER TO THE RESPONDENT'S SELF OR A DANGER TO
OTHERS, OR IS GRAVELY DISABLED;
(d) UPON THE REQUEST OF ANY PARTY, THE REQUEST OF THE
INDIVIDUAL OR ENTITY WITH PHYSICAL CARE AND CUSTODY OF THE
RESPONDENT, OR THE COURT'S OWN MOTION, CONDUCT A REVIEW OF THE
RESPONDENT'S PLACEMENT AND ENTER ANY ORDERS NECESSARY FOR
PAGE 133-SENATE BILL 26-149
SHARING OR RECEIVING INFORMATION NECESSARY TO REVIEW AND MODIFY
THE PLACEMENT, UNLESS THE RESPONDENT IS PLACED INTO INPATIENT CARE
AT THE DISCRETION OF CDHS;
( e) ORDER, AS NECESSARY, APPROPRIATE ENTITIES, INCLUDING THE
SHERIFF, TO BRING THE RESPONDENT BEFORE THE COURT OR TAKE THE
RESPONDENT TO THE PLACEMENT WHERE PHYSICAL CUSTODY OF THE
RESPONDENT HAS BEEN ORDERED;
(f) APPOINT A LEGAL GUARDIAN PURSUANT TO ARTICLE 14 OF TITLE
15; OR
(g) ISSUE ORDERS AS NECESSARY TO EFFECTUATE AND ENFORCE THE
COURT'S POWERS AND RESPONSIBILITIES PURSUANT TO THIS SECTION,
INCLUDING AUTHORIZATION FOR THE REASONABLE USE OF FORCE,
WARRANTS FOR THE ARREST OF THE RESPONDENT, OR CONTEMPT
PROCEEDINGS AGAINST A NONCOMPLIANT INDIVIDUAL OR ENTITY.
(5) (a) THECOURTSHA .LLENSURETHERESPONDENTISPLACED INTHE
LEAST-RESTRICTIVE PLACEMENT ADEQUATE TO PROTECT THE VICTIM AND
THE COMMUNITY AND PROVIDE, TO THE GREATEST EXTENT POSSIBLE, THE
APPROPRIATE LEVEL OF CARE, TREATMENT, AND SUPERVISION OF THE
RESPONDENT.-
(b) IF THE RESPONDENT IS NOT PLACED INTO INPATIENT CARE AT THE
DISCRETION OF CDHS OR IF CDHS PROPOSES TO MOVE THE RESPONDENT
INTO OR OUT OF INPATIENT CARE, THE COURT SHALL, PRIOR TO MODIFYING
THE ENHANCED PROTECTIVE PLACEMENT TO CHANGE THE RESPONDENT'S
PROVIDER OR PLACEMENT, REVIEW THE APPROPRIATENESS OF THE PROPOSED
PROVIDER OR PLACEMENT, INCLUDING WHETHER THE PROVIDER FITS THE
RESPONDENT'S DIAGNOSIS AND TREATMENT NEEDS AND WHETHER THE
PLACEMENT SUFFICIENTLY PROTECTS THE COMMUNITY FROM THE
SUBSTANTIAL RISK OF SERJOUS HARM TO OTHERS POSED BY THE
RESPONDENT.
(c) UPON REQUEST, THE COURT SHALL PERMIT CDHS, THE PARTIES,
OR THE APPOINTED LEGAL GUARDIAN THE OPPORTUNITY TO OBJECT AND BE
HEARD PRIOR TO THE COURT'S DECISION. THE COURT MAY PERMIT
TESTIMONY IF THE COURT BELIEVES IT WOULD BE HELPFUL TO THE COURT'S
DECISION.
PAGE 134-SENATE BILL 26-149
( d) WHEN DECIDING WHETHER TO APPROVE THE NEW PROVIDER OR
PLACEMENT, THE COURT SHALL GIVE DEFERENCE TO CDHS AND THE
OPINION OF ANY MEDICAL PROFESSIONAL ON THE APPROPRIATENESS OF THE
PROVIDER AND PLACEMENT FOR THE RESPONDENT, BUT DEFERENCE MUST
NOT BE GIVEN TO CDHS OR A MEDICAL PROFESSIONAL AS TO WHETHER THE
PLACEMENT SUFFICIENTLY PROTECTS ANY VICTIMS AND THE COMMUNITY
FROM THE SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS POSED BY THE
RESPONDENT. WHEN CONSIDERING THE APPROPRIATENESS OF THE
PLACEMENT FOR THE RESPONDENT, VICTIMS, AND THE COMMUNITY, THE
COURT SHALL CONSIDER THE TOTALITY OF THE CIRCUMSTANCES, INCLUDING:
(I) THE RESPONDENT'S STATEMENTS AND INSIGHTS INTO THE
RESPONDENT'S OWN NEUROCOGNITIVE DISORDER OR INTELLECTUAL AND
DEVELOPMENTAL DISABILITY;
(11) THE CLINICAL DIAGNOSIS AND CLINICAL PERSPECTIVE ON THE
RESPONDENT'S CURRENT MENTAL STATE AND PROGNOSIS;
(Ill) THE RESPONDENT'S WILLINGNESS AND DEMONSTRATED ABILITY
TO VOLUNTARILY SEEK AND COMPLY WITH TREATMENT AND SERVICES IN THE
REASONABLY FORESEEABLE FUTURE;
(IV) RECENT OVERT ACTS BY THE RESPONDENT TO THREATEN,
CAUSE , OR ATTEMPT TO CAUSE HARM TO THE RESPONDENT'S SELF OR
OTHERS;
(V) PREVIOUS PATTERNS OF DETERIORATION THAT RES UL TED IN THE
RESPONDENT'S HOSPIT ALIZA TI ON, ARREST, CERTIFICATION FOR SHORT-TERM
TREATMENT, OR PROTECTIVE PLACEMENT;
(VI) WHETHER THE RESPONDENT WAS FOUND IN A CONDITION WHERE
THE RESPONDENT WAS NOT ABLE TO CARE FOR THE RESPONDENT'S OWN
BASIC NEEDS IN ORDER TO A VOID THE RISK OF SERIOUS PHYSICAL HARM;
(VII) THE FREQUENCY, RECENCY, AND SEVERITY OF THE
CONSIDERATIONS DESCRIBED IN SUBSECTIONS (5)(d)(II) TO (5)(d)(VI) OF
THIS SECTION AND THE LIKELIHOOD THAT THE CONDITIONS AND EVENTS WILL
REOCCUR WITHOUT INPATIENT TREATMENT;
(VIII) WHETHER THE RESPONDENT OPPOSES THE PLACEMENT;
PAGE 135-SENATE BILL 26-149
(IX) WHETHER COMMUNITY-BASED PLACEMENT CAN BE
REASONABLY ACCOMMODATED;
(X) THE LIMITED RESOURCES OF THE STATE AND THE NEEDS OF
OTHERS; AND
(XI) THE PLACEMENT RECOMMENDATIONS OF ANY TREATING
PROFESSIONALS.
( e) THE COURT SHALL NOT PERMIT OR ORDER A RESPONDENT TO BE
PLACED INTO A COMMUNITY-BASED SETTING OUTSIDE OF INPATIENT CARE,
AS DEFINED IN SECTION 16-8.5-10 I, FOR THE FIRST TIME SINCE BEING IN AN
ENHANCED PROTECTIVE PLACEMENT UNLESS:
(I) THE VICTIMS HAVE BEEN NOTIFIED OF A CRITICAL STAGE, AS
DEFINED IN SECTION 24-4.1-302 (2)(q.3), AND GIVEN THE OPPORTUNITY TO
BE HEARD; AND
(II) THE DISTRICT ATTORNEY IN THE CASE THAT SOUGHT CIVIL
COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT HAS BEEN NOTIFIED
AND GIVEN AN OPPORTUNITY TO OBJECT AND BE HEARD.
(f) IF THE COURT MODIFIES THE RESPONDENT'S PROVIDER OR
PLACEMENT, THE COURT SHALL ISSUE ANY ORDERS NECESSARY TO MITIGATE
THE RESPONDEJ',;T'S RISK TO ANY VICTIMS OR THE COMMUNITY, INCLUDING
ORDERING THE PROVIDER TO TAKE REASONABLE AND PRACTICABLE
PROTECTIVE MEASURES TO PREVENT THE RESPONDENT FROM CONT ACTING
ANY VICTIMS; EXCEPTTHATTHE COURT SHALL NOT ORDER THE RESPONDENT
TO COMPLY WITH ANY CONDITIONS THAT ARE NOT NECESSARY TO MITIGATE
THE RESPONDENT'S RISK OR WITH WHICH THE RESPONDENT CANNOT COMPLY.
(6) (a) IF THE COURT ORDERS THE RESPONDENT TO BE PLACED INTO
INPATIENT CARE AT THE DISCRETION OF CDHS, AS DEFINED IN SECTION
16-8.5-101, THE EXECUTIVE DIRECTOR OF CDHS SHALL DESIGNATE THE
STATE FACILITY AT WHICH THE RESPONDENT IS HELD FOR CARE AND
TREATMENT AND MAY TRANSFER THE RESPONDENT FROM ONE FACILITY TO
ANOTHER IF, IN THE OPINION OF THE EXECUTIVE DIRECTOR, IT IS
APPROPRIATE TO DO SO IN THE INTEREST OF THE PROPER CARE, CUSTODY,
AND TREATMENT OF THE RESPONDENT OR FOR THE PROTECTION OF THE
PUBLIC OR PERSONNEL AT THE FACILITIES IN QUESTION.
PAGE 136-SENATE BILL 26-149
(b) NOTWITHSTANDING SUBSECTION (6)(a) OF THIS SECTION, HCPF
SHALL:
(I) ENSURE THE RESPONDENT IS PLACED IN THE LEAST-RESTRICTIVE
PLACEMENT ADEQUATE TO PROTECT THE VICTIM AND THE COMMUNITY AND
PROVIDE, TO THE GREATEST EXTENT POSSIBLE, THE APPROPRIATE LEVEL OF
CARE, TREATMENT, AND SUPERVISION OF THE RESPONDENT; AND
(II) NOT PLACE THE RESPONDENT IN A COMMUNITY-BASED SETTING
OUTSIDE OF INPATIENT CARE, AS DEFINED IN SECTION 16-8.5-101, FOR THE
FIRST TIME SINCE THE RESPONDENT WAS SUBJECTED TO AN ENHANCED
PROTECTIVE PLACEMENT WITHOUT PRIOR APPROVAL OF THE COURT
PURSUANT TO SUBSECTION (5) OF THIS SECTION.
(7) TERMINATION OF THE ENHANCED PROTECTIVE PLACEMENT IS
GOVERNED BY SECTION 25.5-10-508.
(8) THE PROVIDER CHARGED WITH THE PHYSICAL CARE AND
CUSTODY OF THE RESPONDENT SHALL SUBMIT A REPORT TO THE COURT AND
THE PARTIES ANNUALLY BY THE DATE THE RESPONDENT WAS ORDERED INTO
ENHANCED PROTECTIVE PLACEMENT UNLESS A SUBSTANTIALLY SIMILAR
EXAMINATION WAS ORDERED WITHIN THE PREVIOUS TWELVE MONTHS. THE
REPORT MUST INCLUDE:
(a) THE PROVIDER'S OPINION ABOUT WHETHER THE RESPONDENT IS
APPROPRIATELY PLACED AND MEETS THE CRITERIA FOR TERMINATION OF THE
ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-508;
(b) A SUMMARY OF THE MATERIALS REVIEWED, ASSESSMENTS
CONDUCTED, AND OTHER BASES OF OPINIONS RENDERED;
( c) THE RESPONDENT'S DIAGNOSIS AND WHETHER THE RESPONDENT'S
SYMPTOMS ARE IN REMISSION;
( d) A SUMMARY OF THE SERVICES OR TREATMENT PROVIDED TO THE
RESPONDENT SINCE THE LAST REPORT AND THE RESPONDENT'S PROGRESS;
(e) A SUMMARY OF THE RESPONDENT'S COMPLIANCE WITH
TREATMENT OR SERVICES, INCLUDING INFORMATION ABOUT MEDICATIONS
CURRENTLY PRESCRIBED TO THE RESPONDENT AND WHETHER THE
PAGE 137-SENATE BILL 26-149
RESPONDENT IS COMPLIANT WITH TAKING THE PRESCRIBED MEDICATIONS;
( f) AN ASSESSMENT OF THE RESPONDENT'S RISK OF HARM TO OTHERS;
(g) A SUMMARY OF THE RESPONDENT'S TREATMENT OR SERVICE
NEEDS BY UTILIZING EVIDENCE-BASED STANDARDS OF INDIVIDUALIZED
TREATMENT AND MANAGEMENT OF INDIVIDUALS WITH AN ENHANCED
PROTECTIVE PLACEMENT;
(h) A SUMMARY OF THE SPECIFIC TREATMENT OR SERVICE OPTIONS
AVAILABLE TO THE RESPONDENT IN THE COMMUNITY AND THE SPECIFIC
TREATMENT OR SERVICE OPTIONS AVAILABLE TO THE RESPONDENT AT A
FACILITY DESIGNATED BY THE EXECUTIVE DIRECTOR;
(i) A SUMMARY OF WHETHER AND HOW ONGOING RISKS COULD BE
MITIGATED IF THE RESPONDENT WERE PLACED IN THE COMMUNITY; AND
(j) SPECIFIC FACTS AND EVIDENCE SUPPORTING EACH OPINION MADE
PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION.
(9) THE COURT MAY ORDER ANY TREATMENT OR SERVICE PROVIDER
WHO HAS AGREED OR WHO HAS BEEN ORDERED TO PROVIDE SERVICES OR
TREATMENT TO THE RESPONDENT TO ISSUE REGULAR PROGRESS REPORTS
CONTAINING INFORMATION REQUIRED PURSUANT TO SUBSECTION (8) OF THIS
SECTION OR OTHER INFORMATION DEEMED NECESSARY FOR THE COURT'S
SUPERVISION OF THE ENHANCED PROTECTIVE PLACEMENT, BUT THE COURT
SHALL NOT REQUIRE A PROVIDER TO SUBMIT PROGRESS REPORTS MORE
FREQUENTLY THAN EVERY NINETY DAYS.
(10) (a) THE COURT MAY, UPON ASHOWINGOFGOODCAUSE,ORDER
CDHS TO FACILITATE AN EXAMINATION BY A PROFESSIONAL PERSON
REGARDING THE RESPONDENT'S PROGRESS WITH TREATMENT AND WHETHER
THE RES PONO ENT MEETS THE CRITERIA FOR CONVERSION OF THE ENHANCED
PROTECTIVE PLACEMENT TO CERTIFICATION FOR SHORT-TERM TREATMENT
OR SHORT-TERM PROTECTIVE PLACEMENT, OR MEETS THE CRITERIA FOR
TERMINATION OF THE ENHANCED PROTECTIVE PLACEMENT PURSUANT TO
SECTION 25.5-10-508, UNLESS CDHS HAS FACILITATED A SIMILAR
EXAMINATION OF THE RESPONDENT IN THE PAST ONE HUNDRED TWENTY
DAYS. THE RESPONDENT SHALL COOPERATE WITH ANY EXAMINATIONS
ORDERED PURSUANT TO THIS SUBSECTION (I 0)(a).
PAGE 138-SENATE BILL 26-149
(b) STATEMENTS MADE BY THE RESPONDENT DURING AN
EXAMINATION CONDUCTED PURSUANT TO THIS SUBSECTION ( 10) MUST NOT
BE USED IN ANY CRIMINAL PROSECUTION.
( c) GOOD CAUSE INCLUDES A RESPONDENT'S TIMELY REQUEST FOR
AN EVALUATION THAT ALLOWS A COMPETENCY EV ALU ATOR TO PROVIDE A
SECOND OPINION IN RESPONSE TO THE REPORT PROVIDED PURSUANT TO
SUBSECTION (8) OF THIS SECTION THAT OPINES THAT THE RESPONDENT DOES
NOT MEET THE CRITERIA FOR TERMINATION .
25.5-10-508. Termination of enhanced protective placement.
(1) THE COURT SHALL TERMINATE A RESPONDENT'S ENHANCED
PROTECTIVE PLACEMENT ORDERED PURSUANT TO SECTION 25.5-10-507
WHEN THE RESPONDENT:
(a) No LONGER POSES A SUBSTANTIAL RISK OF SERIOUS HARM TO
OTHERS; OR·
(b) NO LONGER HAS A NEUROCOGNITIVE DISORDER OR INTELLECTUAL
AND DEVELOPMENTAL DISABILITY THAT IS LIKELY TO CAUSE THE
RESPONDENT TO BE A DANGER TO THE RESPONDENT'S SELF OR A DANGER TO
OTHERS AND THE RESPONDENT HAS DEMONSTRATED SUFFICIENT CAPACITY
AND WILLINGNESS TO CONFORM THE RESPONDENT'S CONDUCT TO THE
REQUIREMENTS OF THE LAW.
(2) (a) IF A TREATMENT PROVIDER CHARGED WITH THE PHYSICAL
CARE AND CUSTODY OF THE RESPONDENT DETERMINES THAT THE
RESPONDENT MEETS THE STANDARD FOR TERMINATION FROM ENHANCED
PROTECTIVE PLACEMENT PURSUANT TO SUBSECTION (1) OF THIS SECTION,
THE PROVIDER OR THE PROVIDER'S DESIGNEE SHALL REPORT THE
DETERMINATION TO THE COURT THAT PLACED THE RESPONDENT INTO THE
PROVIDER'S CARE AND CUSTODY, THE COUNTY ATTORNEY, AND THE DISTRICT
ATTORNEY WHO ORIGINALLY REQUESTED A CIVIL COMMITMENT OR AN
ENHANCEDPROTECTIVEPLACEMENTPURSUANTTOSECTION 16-8.5-118. THE
COURTSHALLFURNISHACOPYOFTHEREPORTTOTHERESPONDENT ANDTHE
RESPONDENT'S COUNSEL.
(b) THE DETERMINATION REPORTEDPURSUANTTOSUBSECTION (2)(a)
OF THIS SECTION MUST INCLUDE:
PAGE 139-SENATE BILL 26-149
(I) THE TREATMENT PROVIDER'S CPINION THAT THE RESPONDENT
MEETS THE CRITERIA FOR TERMINATION OF THE ENHANCED PROTECTIVE
PLACEMENT PURSUANT TO SUBSECTION (1) OF THIS SECTION;
(II) AN ASSESSMENT OF THE RESPONDENT'S RISK OF HARM TO
OTHERS; AND
(III) SPECIFIC FACTS AND EVIDENCE SUPPORTING EACH OPINION IN
THE REPORT, INCLUDING A SUMMARY OF THE MATERIALS REVIEWED,
ASSESSMENTS CONDUCTED, AND OTHER BASES OF OPINIONS RENDERED.
(3) (a) THE RESPONDENT MAY REQUEST TERMINATION OF THE
ENHANCED PROTECTIVE PLACEMENT IN WRITING AT ANY TIME THE
RESPONDENT WOULD NOT BE PROHIBITED FROM HA YING A SUBSEQUENT
TERMINATION TRIAL PURSUANT TO SUBSECTION (7) OF THIS SECTION.
(b) THE COURT SHALL DENY THE REQUEST UNLESS THE REQUEST FOR
TERMINATION INCLUDES AN OPINION FROM A PROFESSIONAL PERSON THAT
THE RESPONDENT CURRENTLY MEETS THE CRITERIA FOR TERMINATION OF
THE ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SUBSECTION ( 1) OF
THIS SECTION.
(4) (a) IF THE COURT DOES NOT DENY THE REQUEST FOR
TERMINATION WITHOUT A HEARING, THE COURT SHALL PERMIT THE COUNTY
ATTORNEY AND THE DISTRICT ATTORNEY WHO ORIGINALLY SOUGHT
ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION 16-8.5-118
FOURTEEN DAYS TO OBJECT TO TER.JVIINATION OR REQUEST AN OPPORTUNITY
TO CONDUCT AN INDEPENDENT EVALUATION BY AN EXPERT OF THE COUNTY
ATTORNEY'S OR DISTRICT A TTOR.i'-JEY'S OWN CHOOSING AND EXPENSE.
(b) IF NEITHER THE COUNTY ATfORNEY NOR THE DISTRICT ATTORNEY
OBJECT OR REQUEST AN OPPORTUNITY TO REQUEST AN INDEPENDENT
EVALUATION, THE COURT SHALL TERMINATE THE RESPONDENT'S ENHANCED
PROTECTIVE PLACEMENT.
( c) IF EITHER THE COUNTY ATTORNEY OR THE DISTRICT ATTORNEY
REQUEST AN OPPORTUNITY TO CONDUCT AN INDEPENDENT EVALUATION, THE
COURT SHALL GRANT THAT REQUEST, ORDER THE RESPONDENT TO COMPLY
WITH THE EVALUATION, AND PERMIT THE COUNTY ATTORNEY OR DISTRICT
ATTORNEY A REASONABLE PERIOD OF TIME TO IDENTIFY AN EXPERT,
PAGE 140-SENATE BILL 26-149
CONDUCT THE EVALUATION, AND ISSUE A REPORT. IF BOTH THE COUNTY
ATTORNEY AND DISTRICT ATTORNEY REQUEST AN INDEPENDENT
EVALUATION, THE COURT SHALL TREAT THE REQUEST AS A JOINT REQUEST
FOR A SINGLE INDEPENDENT EVALUATION . THE COST OF THE INDEPENDENT
EVALUATION MUST BE PAID FOR BY THE REQUESTING PARTY .
( d) IF THE RESPONDENT DOES NOT COOPERATE WITH THE
EVALUATION, THE COURT MAY GRANT ADDITIONAL TIME OR DENY THE
RESPONDENT'S REQUEST FOR TERMINATION.
(e) UPON RECEIPT OF THE INDEPENDENT EVALUATION REPORT, THE
COUNTY ATTORNEY OR DISTRICT ATfORNEY MUST PROVIDE A COPY TO
RESPONDENT'S COUNSEL AND THE COURT WITHIN FOURTEEN DAYS.
(t) IF NEITHER THE COUNTY ATTORNEY NOR DISTRICT ATTORNEY
OBJECT WITHIN THE TIME PERMITTED BY THE COURT, THE COURT SHALL
TERMINATE THE RESPONDENT'S ENHANCED PROTECTIVE PLACEMENT.
(5) (a) IF EITHER THE COUNTY ATTORNEY OR DISTRICT ATTORNEY
TIMELY OBJECTS, THE COURT SHALL, AS SOON AS PRACTICABLE, BRING THE
RESPONDENT BEFORE THE COURT , ENSURE THE RESPONDENT AND THE
RESPONDENT'S COUNSEL RECEIVED A COPY OF ANY REPORTS R ECEIVED, AND
ADVISE THE RESPONDENT OF THE RIGHT TO DEMAND A TRIAL BY THE COURT
OR THE RIGHT TO DEMAND, IN WRITING, A JURY TRIAL OF NOT MORE THAN SIX
INDIVIDUALS TO DETERMINE WHETHER THE RESPONDENT MEETS THE
CRITERIA FOR TERMINATION PURSUANTTO SUBSECTION (l)OFTI-HS SECTiON.
(b) IF THE RESPONDENT DEMANDS A TRIAL BEFO RE THE COURT, THE
COURT SHALL SCHEDULE THE TRIAL WITHIN THIRTY-FIVE DAYS AFTER THE
DEMAND. IF THE RESPONDENT DEMANDS A JURY TRIAL, THE COURT SHALL
SCHEDULE THE TRIAL WITHIN SEVENTY-TWO DAYS AFTER THE DEMAND. A
DELAY ATTRIBUTABLE TO THE RESPONDENT IS EXCLUDED FROM THE TIME
LIMITATIONS IN THIS SUBSECTION ( 5)(b ). IF THE COURT DOES NOT BEGIN THE
TRIAL WITHIN THE TIME PERMITTED PURSUANT TO THIS SUBSECTION (5)(b ),
THE COURT SHA LL TERMINATE THE ENHANCED PROTECTIVE PLACEMENT AND
RELEASE THE RESPONDENT FROM THE PROVIDER'S CARE AND CUSTODY.
( c) IF THE COUNTY ATTORNEY DOES NOT OBJECT TO TERMINATION
BUTTHEDISTRICTATTORNEYDOES,THEDISTRICTATTORNEYHASSTANDING
TO SERVE AS THE COUNTY ATTORNEY FOR THE LIMITED PURPOSE OF TRIAL
PAGE 141-SENATE BILL 26-149
AND ANY APPEALS RELATED TO THE TRIAL. THE COUNTY A TIORNEY SHALL
TIMELY PROVIDE THE DISTRICT ATTORNEY ALL INFORMATION AND RECORDS
RELEVANT TO THE TRIAL IN THE COUNTY ATTORNEY'S POSSESSION OR
CONTROL WITHOUTSUBPOENAORCOURTORDER. THE DISTRICT ATTORNEY'S
LIMITED ST ANDING DOES NOT EXTEND TO ANY OTHER MA TIERS RELATED TO
THE ENHANCED PROTECTIVE PLACEMENT AND TERMINATES UPON
RESOLUTION OF THE TRIAL AND ANY RELATED APPEALS.
(6) (a) AT THE TRIAL, IF ANY EVIDENCE IS INTRODUCED THAT SHOWS
THE RESPONDENT DOES NOT MEET THE CRITERIA FOR TERMINATION OF THE
ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SUBSECTION ( 1) OF THIS
SECTION, THE RESPONDENT HAS THE BURDEN TO SHOW BY A
PREPONDERANCE OF THE EVIDENCE THAT THE RESPONDENT MEETS THE
CRITERIA FOR TERMINATION PURSUANTTOSUBSECTION (1) OF THIS SECTION.
(b) IF THE TRIER OF FACT FINDS THE RESPONDENT MEETS THE
CRITERIA FOR TERMINATION PURSUANT TO SUBSECTION ( 1) OF THIS SECTION,
THE COURT SHALL ORDER THE RESPONDENT RELEASED FROM THE PROVIDER'S
CARE AND CUSTODY AND TERMINATE THE RESPONDENT'S ENHANCED
PROTECTIVE PLACEMENT. IF THE TRIER OF FACT FINDS THE RESPONDENT
DOESNOTMEETTHECRITERIAFORTERMINATIONPURSUANTTOSUBSECTION
(1) OF THIS SECTION, THE COURT SHALL CONTINUE THE ENHANCED
PROTECTIVE PLACEMENT AND MAY ENTER OR MODIFY ANY ORDERS TO
ASSIST IN PROGRESSING THE TREATMENT OF THE RESPONDENT OR THAT ARE
NECESSARY TO PROTECT THE PUBLIC.
(7) IF THE TRIER OF FACT FINDS THE RESPONDENT DOES NOT MEET
THE CRITERIA FOR TERMINATION PURSUANT TO SUBSECTION (1) OF THIS
SECTION, THE RESPONDENT IS NOT ENTITLED TO ANOTHER TERMINATION
TRIAL WITHIN ONE YEAR AFTER THE CONCLUSION OF THE PREVIOUS TRIAL
FOR TERMINATION.
(8) IF THE RESPONDENT DOES NOT MEET THE CRITERIA FOR
TERMINATION PURSUANT TO SUBSECTION ( 1) OF THIS SECTION AND NO
LONGER HAS AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR A
NEUROCOGNITIVE DISORDER THAT SUBSTANTIALLY CONTRIBUTES TO ANY
DANGER POSED TO THE RESPONDENT'S SELF OR TO OTHERS, OR ANY GRAVE
DISABILITY FROM WHICH THE RESPONDENT SUFFERS, THE COURT SHALL
CONVERT THE ENHANCED PROTECTIVE PLACEMENT TO A CIVIL COMMITMENT
AND MAY MODIFY THE TERMS OF THE CIVIL COMMITMENT IN ACCORDANCE
PAGE l 42-SENA TE BILL 26-149
WITH SECTION 27-65-201.
(9) IF THE DEFENDANT DOES NOT MEET THE CRITERIA FOR
TERMINATION PURSUANT TO SUBSECTION (1) OF THIS SECTION AND HAS A
CO-OCCURRING MENTAL HEALTH DISORDER THAT DOES NOT INCLUDE AN
INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR A NEUROCOGNITIVE
DISORDER THAT SUBSTANTIALLY CONTRIBUTES TO WHETHER THE
RESPONDENT IS A DANGER TO THE RESPONDENT'S SELF OR A DANGER TO
OTHERS, OR IS GRAVELY DISABLED, THE COURT MAY, UPON THE
RECOMMENDATION OF CDHS, CONVERT THE ENHANCED PROTECTIVE
PLACEMENT TO A CIVIL COMMITMENT AND MODIFY THE TERMS OF THE CIVIL
COMMITMENT IN ACCORDANCE WITH SECTION 27-65-201.
25.5-10-509. Jurisdiction -transfer.
(1) (a) THE COURT IN WHICH A PETITION IS FILED PURSUANT TO THIS
PART 5, OR A COURT AUTHORIZED TO CONDUCT PROCEEDINGS PURSUANT TO
THIS PART 5 THAT RECEIVES A COURT ORDER TRANSFERRING JURISDICTION
OF AN ENHANCED PROTECTIVE PLACEMENT, IS THE COURT OF ORIGINAL
JURISDICTION AND OF CONTINUING JURISDICTION FOR ANY FURTHER
PROCEEDINGS PURSUANT TO THIS PART 5.
(b) WHEN THE CONVENIENCE OF THE PARTIES AND THE ENDS OF
JUSTICE WOULD BE PROMOTED BY A CHANGE IN THE COURT HA YING
JURISDICTION, THE COURT MAY ORDER A TRANSFER OF THE PROCEEDING TO
ANOTHER COUNTY. UNTIL FURTHER ORDER OF THE TRANSFEREE COURT, IF
ANY, IT IS THE COURT OF CONTINUING JURISDICTION. IF MULTIPLE CRIMINAL
COURTS REFER A MATTER FOR PROCEEDINGS PURSUANT TO THIS PART 5,ANY
COURT WITH JURISDICTION MAY TRANSFER THE PROCEEDING TO ANOTHER
COUNTY AND ALLOW FOR CONSOLIDATION OF PROCEEDINGS INTO ONE
PROCEEDING, WHICH MAY OCCUR IN ANY COUNTY THAT PROMOTES THE
CONVENIENCE OF THE PARTIES AND THE ENDS OF JUSTICE.
(2) (a) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION (2),
ANY PETITION, ORDER, TRANSFER OF JURISDICTION OF AN ENHANCED
PROTECTIVE PLACEMENT, OR REQUEST FOR A PROCEEDING MAY BE FILED
WHERE THE RESPONDENT RESIDES OR IS PHYSICALLY PRESENT FOR
TREATMENT.
(b) A PETITION OR REQUEST FOR A PROTECTIVE PLACEMENT
PAGE 143-SENATE BILL 26-149
PURSUANT TO SECTION 25 .5-10-502 MAY BE FILED IN THE JURISDICTION
WHERE THE RESPONDENT RESIDES OR WHERE THE RESPONDENT IS
CURRENTLY IN AN INPATIENT SETTING RECEIVING TREATMENT.
( C) A PETITION OR REQUEST FOR A PROTECTIVE PLACEMENT FOR AN
INCOMPETENT DEFENDANT IN A CRIMINAL MA TIER PURSUANT TO SECTION
25 .5-10-502 OR TRANSFER OF JURISDICTION OF AN ENHANCED PROTECTIVE
PLACEMENT MAY BE FILED IN THE JURISDICTION WHERE THE RESPONDENT
RESIDES, WAS PHYSICALLY PRESENT IMMEDIATELY PRIOR TO THE FILING OF
THE PETITION, OR IS RECEIVING INPATIENT TREATMENT OR WHERE THE
CRIMINAL COURT THAT REFERRED THE MATTER IS LOCATED.
(3) IN ANY CASE IN WHICH THERE HAS BEEN A CHANGE OF VENUE TO
A COUNTY OTHER THAN THE COUNTY OF RESIDENCE OF THE RESPONDENT OR
THE COUNTY IN WHICH THE PROCEEDING WAS COMMENCED, THE COUNTY
FROM WHICH THE PROCEEDING WAS TRANSFERRED SHALL EITHER REIMBURSE
THE COUNTY TO WHICH THE PROCEEDING WAS TRANSFERRED AND IN WHICH
THE PROCEEDING WAS HELD FOR THE REASONABLE COSTS INCURRED IN
CONDUCTING THE PROCEEDING OR CONDUCT THE PROCEEDING ITSELF USING
ITS OWN PERSONNEL AND RESOURCES, INCLUDING ITS OWN DISTRICT OR
COUNTY A'ITORNEY, AS THE CASE MAY BE.
( 4) IF A PROCEEDING IS INITIATED PURSUANT TO THIS ARTICLE 10 BUT
A PROCEEDING PURSUANT TO ARTICLE 65 OF TITLE 27 IS MORE ADVISABLE
BECAUSE THE COURT DETERMINES THAT THE RESPONDENT DOES NOT HA VE
AN INTELLECTUAL AND DEVELOPMENT AL DISABILITY OR A NEUROCOGNITIVE
DISORDER OR HAS A MENTAL HEALTH DISORDER IN ADDITION TO AN
INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR NEUROCOGNITIVE
DISORDER, THE COURT MAY MAINTAIN JURISDICTION AND ORDER THE CASE
TO PROCEED PURSUANT TO ARTICLE 65 OF TITLE 27.
(5) (a) IF AN ENHANCED PROTECTIVE PLACEMENT IS ORDERED
AGAINST A RESPONDENT PURSUANT TO SECTION 16-8.5-118 OR IF A
RESPONDENT'S ENHANCED PROTECTIVE PLACEMENT IS SUPERVISED
PURSUANT TO SECTION 25.5-10-507, AND THE RESPONDENT REFUSES TO
ACCEPT MEDICATION, THE COURT WITH JURISDICTION OVER THE ENHANCED
PROTECTIVE PLACEMENT OR THE COURT WITH JURISDICTION WHERE THE
FACILITY OR PROVIDER TREATING THE RESPONDENT IS LOCATED HAS
JURISDICTION AND VENUE TO ACCEPT A PETITION BY THE TREATING
PHYSICIAN TO ENTER AN ORDER REQUIRING THAT THE RESPONDENT ACCEPT
PAGE 144-SENATE BILL 26-149
THE TREATMENT OR THAT THE MEDICATION BE FORCIBLY ADMINISTERED TO
THE RESPONDENT. THE COURT WITH JURISDICTION WHERE THE FACILITY OR
PROVIDER IS LOCATED SHALL NOT EXERCISE ITS JURISDICTION WITHOUT THE
PERMISSION OF THE COURT WITH JURISDICTION OVER THE ENHANCED
PROTECTIVE PLACEMENT. UPON FILING THE PETITION, THE COURT SHALL
APPOINT AN ATTORNEY TO REPRESENT THE RESPONDENT IF ONE HAS NOT
BEEN APPOINTED AND SHALL HEAR THE MATTER WITHIN TEN DAYS AFTER
THE FILING.
(b) IN ANY CASE BROUGHT PURSUANT TO SUBSECTION ( 5)( a) OF THIS
SECTION, THE COUNTY WHERE THE COURT WITH JURISDICTION OVER THE
ENHANCED PROTECTIVE PLACEMENT IS LOCATED SHALL EITHER REIMBURSE
THE COUNTY IN WHICH THE PROCEEDING PURSUANT TO SUBSECTION (5)(a)
OF THIS SECTION WAS FILED AND HELD FOR THE REASONABLE COSTS
INCURRED IN CONDUCTING THE PROCEEDING OR CONDUCT THE PROCEEDING
ITSELF USING ITS OWN PERSONNEL AND RESOURCES INCLUDING ITS OWN
COUNTY ATTORNEY.
25.5-10-510. Hearing procedures.
(1) A HEARING HELD PURSUANT TO THIS PART 5 MUST BE
CONDUCTED IN THE SAME MANNER AS OTHER CIVIL PROCEEDINGS BEFORE
THE COURT.
(2) THE COURT, AFTER CONSULTATION WITH THE RESPONDENT'S
COUNSEL TO OBTAIN THE COUNSEL'S RECOMMENDATIONS, MAY APPOINT A
PROFESSIONAL PERSON TO EXAMINE THE RESPONDENT FOR WHOM A
PROTECTIVE PLACEMENT IS SOUGHT AND TESTIFY AT THE HEARING AS TO THE
RESULTS OF THE PROFESSIONAL PERSON'S EXAMINATION. THE
COURT-APPOINTED PROFESSIONAL PERSON SHALL ACT SOLELY IN AN
ADVISORY CAPACITY, AND NO PRESUMPTION IS ATTACHED TO THE
PROFESSIONAL PERSON'S FINDINGS.
(3) UPON REQUEST OF A LEGAL GUARDIAN APPOINTED PURSUANT TO
ARTICLE 14 OF TITLE 15, THE LEGAL GUARDIAN MAY INTERVENE IN ANY
PROCEEDING BROUGHT PURSUANT TO THIS PART 5 CONCERNING THE LEGAL
GUARDIAN'S WARD AND, THROUGH COUNSEL, MAY PRESENT EVIDENCE AND
REPRESENT TO THE COURT THE VIEWS OF THE LEGAL GUARDIAN CONCERNING
THE APPROPRIATE DISPOSITION OF THE CASE.
PAGE 145-SENATE BILL 26-149
(4) A LAY PERSON MAY SUBMIT AN AFFIDAVIT TO THE COURT
CONCERNING THE LAY PERSON'S RELATIONSHIP TO THE RESPONDENT, HOW
LONG THE LAY PERSON HAS KNOWN THE RESPONDENT , THE LAY PERSON'S
PHYSICAL ADDRESS, AND THE LAY PERSON'S VIEWS CONCERNING THE
APPROPRIATE DISPOSITION OF THE RESPONDENT'S CASE.
25.5-10-511.
responsibilities.
County attorney and district attorney
(1) THE COUNTY ATTORNEY OR THE DISTRICT ATTORNEY IN A
COUNTY OR CITY AND COUNTY THAT HAS A POPULATION EQUAL TO OR LESS
THAN FIFTY THOUSAND PEOPLE, OR A QUALIFIED ATTORNEY ACTING AS THE
COUNTY A TTORi"l\lEY'S OR DISTRICT ATTORNEY'S DESIGNEE WHO IS APPOINTED
BY THE DISTRICT COURT, HAS THE FOLLOWING POWERS AND
RESPONSIBILITIES:
(a) To FILE AND APPEAR ON BEHALF OF THE COUNTY OR ST A TE IN ALL
PROCEEDINGS BROUGHT PURSUANT TO THIS PART 5 OR TRANSFERRED FROM
THE CRIMINAL COURT PURSUANT TO SECTION 16-8.5-118;
(b) To EXERCISE DUE DILIGENCE IN GATHERING INFORMATION FROM
AV AI LAB LE SOURCES FOR USE IN PROCEEDINGS BROUGHT PURSUANT TO THIS
PART 5; AND
( c) To SHARE AND PROVIDE INFORMATION ABOUT PROCEEDINGS
BROUGHT PURSUANT TO THIS PART 5 TO INTERESTED PARTIES AS ALLOW ABLE
BYLAW.
(2) THIS SECTION ONLY APPLIES TO PROCEEDINGS CONDUCTED
PURSUANT TO THIS PART 5.
25.5-10-512. Appeals.
( 1) AP PELLA TE REVIEW OF ANY ORDER FOR PROTECTIVE PLACEMENT
OR ENHANCED PROTECTIVE PLACEMENT MAY BE HAD AS PROVIDED IN THE
COLORADO APPELLATE RULES. AN APPEAL MUST BE ADVANCED UPON THE
CALENDAR OF THE APPELLATE COURT AND MUST BE DECIDED AT THE
EARLIEST PRACTICABLE TIME. PENDING DISPOSITION BY THE APPELLATE
COURT, THE COURT MAY MAKE SUCH ORDER AS THE COURT MAY CONSIDER
PROPER IN THE PREMISES RELATING TO THE CARE AND CUSTODY OF THE
PAGE 146-SENATE BILL 26-149
RESPONDENT.
(2) A RESPONDENT SUBJECT TO AN ORDER FOR PROTECTIVE
PLACEMENT OR ENHANCED PROTECTIVE PLACEMENT SHALL BE ADVISED OF
THE RESPONDENT'S RIGHT TO APPEAL THE ORDER BY THE COURT AT THE
CONCLUSION OF ANY HEARING, AND, AS A RESULT, THE ORDER MAY BE
ENTERED.
25.5-10-513. Habeas corpus.
ANY PERSON DETAINED PURSUANT TO THIS PART 5 IS ENTITLED TO AN
ORDER IN THE NATURE OF HABEAS CORPUS UPON PROPER PETITION TO ANY
COURT GENERALLY EMPOWERED TO ISSUE ORDERS IN THE NATURE OF
HA6EAS CORPUS.
25.5-10-514. Rights of respondents ordered into enhanced
protective placement or protective placement.
( 1) A RESPONDENT IN A PROCEEDING BROUGHT PURSUANT TO THIS
PART 5 OR WHO IS UNDER A PROTECTIVE PLACEMENT OR AN ENHANCED
PROTECTIVE PLACEMENT HAS THE SAME RIGHTS AS A PERSON WITH AN
INTELLECTUAL AND DEVELOPMENTAL DISABILITY UNDER THIS ARTICLE 10,
INCLUDING THE RIGHTS PROVIDED IN SECTIONS 25.5-10-218, 25.5-10-220,
25.5-10-221, 25.5-10-222, 25.5-10-223, 25.5-10-225, 25.5-10-227,
25.5-10-228, 25.5-10-229, 25.5-10-230, 25.5-10-236, AND 25.5-10-240.
(2) A RESPONDENT PLACED IN THE CUSTODY OF CDHS AT A STATE
HOSPITAL HAS THE SAME RIGHTS AS A PERSON SUBJECT TO PROCEEDINGS
PURSUANT TO ARTICLE 65 OF TITLE 27, INCLUDING THE RIGHTS PROVIDED IN
SECTIONS 27-65-105, 27-65-108, 27-65-117, 27-65-118, 27-65-119,
27-65-122, AND 27-65-124.
25.5-10-515. Records - rules.
( 1) EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, ALL
INFORMATION OBTAINED AND RECORDS PREPARED IN THE COURSE OF
PROVIDING ANY SERVICES TO ANY PERSON PURSUANT TO ANY PROVISION OF
THIS PART 5 ARE CONFIDENTIAL AND PRIVILEGED. THE INFORMATION AND
RECORDS MAY BE DISCLOSED ONLY:
PAGE 147-SENATE BILL 26-149
(a) IN COMMUNICATIONS BETWEEN QUALIFIED PROFESSIONALS,
FACILITY PERSONNEL, OR STATE AGENCIES IN THE PROVISION OF SERVICES OR
APPROPRIATE REFERRALS;
(b) WHEN THE RECIPIENT OF SERVICES DESIGNATES PERSONS TO
WHOM INFORMATION OR RECORDS MAY BE RELEASED, BUT, IF A RECIPIENT
OF SERVICES IS A WARD OR CONSERVATEE AND THE WARD'S OR
CONSERVATEE'S GUARDIAN OR CONSERVATOR DESIGNATES, IN WRITING,
PERSONS TO WHOM RECORDS OR INFORMATION MAY BE DISCLOSED, THE
DESIGNATION IS VALID IN LIEU OF THE DESIGNATION BY THE RECIPIENT;
EXCEPT THAT NOTHING IN THIS SECTION COMPELS A PHYSICIAN,
PSYCHOLOGIST, SOCIAL WORKER, NURSE, ATTORNEY, OR OTHER
PROFESSIONAL PERSONNEL TO REVEAL INFORMATION THAT HAS BEEN GIVEN
TO THE PERSON IN CONFIDENCE BY MEMBERS OF A PATIENT'S FAMILY OR
OTHER INFORMANTS;
(c) To THE EXTENT NECESSARY TO MAKE CLAIMS ON BEHALF OF A
RECIPIENT OF AID, INSURANCE, OR MEDICAL ASSISTANCE TO WHICH THE
RECIPIENT MAY BE ENTITLED;
( d) IF HCPF HAS ADOPTED RULES FOR THE CONDUCT OF RESEARCH.
THE RULES MUST INCLUDE, BUT ARE NOT LIMITED TO, THE REQUIREMENT
THAT ALL RESEARCHERS MUST SIGN AN OATH OF CONFIDENTIALITY. ALL
IDENTIFYING INFORMATION CONCERNING INDIVIDUAL PATIENTS, INCLUDING
NAMES, ADDRESSES, TELEPHONE NUMBERS, AND SOCIAL SECURITY NUMBERS,
MUST NOT BE DISCLOSED FOR RESEARCH PURPOSES.
(e) To THE COURTS, AS NECESSARY FOR THE ADMINISTRATION OF
THIS PART 5;
(f) TO PERSONS AUTHORIZED BY AN ORDER OF COURT AFTER NOTICE
AND OPPORTUNITY FOR HEARING TO THE PERSON TO WHOM THE RECORD OR
INFORMATION PERTAINS AND THE CUSTODIAN OF THE RECORD OR
INFORMATION PURSUANT TO THE COLORADO RULES OF CIVIL PROCEDURE;
(g) TO FAMILY MEMBERS UPON ADMISSION OF A PERSON WITH A
NEUROCOGNITIVE DISORDER OR INTELLECTUAL AND DEVELOPMENTAL
DISABILITY FOR INPATIENT OR RESIDENTIAL PROTECTIVE PLACEMENT;
(h) TOFAMILYMEMBERSORALAYPERSONACTIVELYPARTICIPATING
PAGE 148-SENA TE BILL 26-149
IN THE CARE AND TREATMENT OF A PERSON WITH A NEUROCOGNITIVE
DISORDER OR INTELLECTUAL AND DEVELOPMENTAL DISABILITY,
REGARDLESS OF THE LENGTH OF THE PARTICIPATION. THE INFORMATION
RELEASED PURSUANT TO THIS SUBSECTION (l)(h) IS LIMITED TO ONE OR
MORE OF THE FOLLOWING: THE DIAGNOSIS, THE PROGNOSIS, THE NEED FOR
HOSPITALIZATION AND ANTICIPATED LENGTH OF ST A Y, THE DISCHARGE PLAN,
THE MEDICATION ADMINISTERED AND SIDE EFFECTS OF THE MEDICATION,
AND THE SHORT-TERM AND LONG-TERM TREATMENT GOALS.
(i) IN ACCORDANCE WITH STATE AND FEDERAL LAW, TO THE AGENCY
DESIGNATED PURSUANT TO THE FEDERAL "PROTECTION AND ADVOCACY FOR
INDIVIDUALS WITH MENTAL ILLNESS ACT", 42 U.S.C. SEC. 10801 ET SEQ.,
AS THE GOVERNOR'S PROTECTION AND ADVOCACY SYSTEM FOR COLORADO.
(2) SUBSECTION (l)(g) OR (l)(h) OF THIS SECTION DOES NOT
PRECLUDE THE RELEASE OF INFORMATION TO A PARENT CONCERNING THE
PARENT'S MINOR CHILD.
(3) (a) THIS PART 5 DOES NOT RENDER ANY INFORMATION
PRIVILEGED OR CONFIDENTIAL, EXCEPT WRITTEN MEDICAL RECORDS AND
INFORMATION THAT IS PRIVILEGED PURSUANT TO SECTION 13-90-107,
CONCERNING OB SER YEO BEHAVIOR THAT CONSTITUTES A CRIMINAL OFFENSE
COMMITTED UPON THE PREMISES OF ANY FACILITY PROVIDING SERVICES
PURSUANT TO THIS PART 5 OR ANY CRIMINAL OFFENSE COMMITTED AGAINST
ANY PERSON WHILE PERFORMING OR RECEIVING SERVICES PURSUANT TO THIS
PART 5.
(b) SUBSECTION ( 1) OF THIS SECTION DOES NOT APPLY TO PHYSICIANS
OR PSYCHOLOGISTS ELIGIBLE TO TESTIFY CONCERNING A CRIMINAL
DEFENDANT'S MENTAL CONDITION PURSUANT TO SECTION 16-8-103 .6.
( c) THIS SECTION DOES NOT PROHIBIT THE LIMITED DISCLOSURE OF
NECESSARY INFORMATION TO THE PROSECUTING ATTORNEY AND CRIMINAL
DEFENSE COUNSEL IF A CRIMINAL CASE IS STILL PENDING AGAINST THE
PERSON.
(4) (a) COURT RECORDS IN PROCEEDINGS BROUGHT PURSUANT TO
THIS PART 5 MUST BE MAiNTAINED SEPARATELY BY THE CLERK OF THE
SEVERAL COURTS AND THE CASE NUMBER AND PROCEEDINGS MUST NOT BE
MADE PUBLIC OR RELEASED, EXCEPT AS PROVIDED IN THIS SECTION.
PAGE 149-SENATE BILL 26-149
(b) UPON THE TERMINATION OF A PROTECTIVE PLACEMENT
PURSUANT TO SECTION 25.5-10-506 OR THE TERMINATION OF AN ENHANCED
PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-508, THE CLERK OF
THE COURT SHALL IMMEDIATELY SEAL THE RECORD IN THE CASE AND OMIT
THE RESPONDENT'S NAME FROM THE INDEX OF CASES IN THE COURT UNTIL
AND UNLESS THE RESPONDENT BECOMES SUBJECT TO AN ORDER OR
LONG-TERM PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-504
AND UNLESS THE COURT ORDERS THE RECORDS OPENED FOR GOOD CAUSE
SHOWN. IN THE EVENT A PETITION IS FILED PURSUANT TO SECTION
25.5-10-504 OR 25.5-10-507, THE RECORD MAY BE OPENED AND BECOME
PARTOFTHERECORDINTHELONG-TERMPROTECTIVEPLACEMENTCASEAND
THE NAME OF THE RESPONDENT INDEXED.
(c) NOTWITHSTANDING SUBSECTION (4)(b) OF THIS SECTION, WHILE
A MATTER IS PENDING OR AFTER A CASE IS SEALED, THE COURT MAY
DISCLOSE THE EXISTENCE OF THE PROCEEDING, THE CASE NUMBER, AND
COURT RECORDS TO THE RESPONDENT OR ANY ATTORNEY REPRESENTING THE
RESPONDENT IN ANY PROCEEDING OR MATTER WITH A RELEASE SIGNED BY
THE RESPONDENT OR PURSUANT TO A COURT ORDER. WHEN A COURT ORDER
SPECIFICALLY AUTHORIZING DISCLOSURE OR A VALID RELEASE FOR A
RECORD IS PRESENTED TO THE CLERK OF THE COURT, THE CLERK OF THE
COURT SHALL ACKNOWLEDGE THE EXISTENCE OF THE CASE AND PROVIDE
THE CASE NUMBER AND RECORDS TO THE RESPONDENT OR AUTHORIZED
REQUESTOR POSSESSING A COURT ORDER OR A RELEASE.
( 5) IF A CERTIFIED PEACE OFFICER INITIATES OR PARTICIPATES IN THE
INITIATION OF AN EMERGENCY MENTAL HEALTH HOLD, THE COURT, COUNTY
ATTORNEY, OR DISTRICT ATTORNEY CONDUCTING ANY SUBSEQUENT
PROCEEDINGS PURSUANT TO THIS PART 5 AND THE PROVIDER WHO CONDUCTS
ANEVALUATIONORPROVIDESCAREMAY, WITHOUTCOURTAUTHORIZATION,
PROVIDE THE CERTIFIED PEACE OFFICER'S AGENCY WITH THE FOLLOWING
LIMITED INFORMATION, IF AVAILABLE:
(a) WHETHER OR NOT A PROFESSIONAL PERSON FOUND THE
RESPONDENT MET THE CRITERIA FOR SHORT-TERM PROTECTIVE PLACEMENT
PURSUANT TO SECTION 25.5-10-503;
(b) WHETHER THE RESPONDENT WAS RELEASED OR REMAINS IN
INPATIENT CARE AND WHETHER FURTHER CARE IS BEING PROVIDED TO THE
RESPONDENT; AND
PAGE 150-SENATE BILL 26-149
( C) WHETHER OR NOT FURTHER PROCEEDINGS WERE INITIATED FOR
SHORT-TERM PROTECTIVE PLACEMENT.
(6) SEALING RECORDS BY THE COURT DOES NOT PREVENT A PARTY
TO RELATED CRIMINAL CASES, A PARTY TO A PROCEEDING BROUGHT
PURSUANT TO THIS PART 5, HCPF, THE BHA, THE DEPARTMENT OF HUMAN
SERVICES, A PROFESSIONAL PERSON, OR AN INTERVENING PROFESSIONAL
WITH LAWFUL POSSESSION OF RECORDS FROM MAINTAINING AND USING THE
RECORDS, UNLESS PROHIBITED BYLAW.
(7) A PARTY TO RELATED CRIMINAL CASES, A PARTY TO A
PROCEEDING BROUGHT PURSUANT TO THIS PART 5, HCPF, THE BI-IA, THE
DEPARTMENT OF HUMAN SERVICES, A PROFESSIONAL PERSON, OR AN
INTERVENING PROFESSIONAL MAY SEEK TO UNSEAL CASE RECORDS FOR
GOOD CAUSE, WHICH INCLUDES THE NEED TO USE THE RECORDS IN OTHER
CRIMINAL PROCEEDINGS INVOLVING COMPETENCY PURSUANT TO ARTICLE 8.5
OF TITLE 16 OR PROCEEDINGS BROUGHT PURSUANT TO THIS PART 5.
(8) THE DISTRICT ATTORNEY MAY PROVIDE INFORMATION TO A
VICTIM WHEN NECESSARY TO -COMPLY WITH THE "VICTIM RIGHTS ACT",
PART 3 OF ARTICLE 4.1 OF TITLE 24.
25.5-10-516. Payment for counsel.
IN ORDER TO PROVIDE LEGAL REPRESENTATION TO PERSONS ELIGIBLE
FOR AN ATTORNEY PURSUANT TO THIS ARTICLE 10, THE JUDICIAL
DEPARTMENT SHALL PAY, OUT OF MONEY APPROPRIATED BY THE GENERAL
ASSEMBLY, MONEY DIRECTLY TO THE APPOINTED ATTORNEY ON A
CASE-BY-CASE BASIS OR, ON BEHALF OF THE STATE, SHALL PAY LUMP-SUM
GRANTS TO AND CONTRACT WITH INDIVIDUAL ATTORNEYS, LEGAL
PARTNERSHIPS, LEGAL PROFESSIONAL CORPORATIONS, PUBLIC INTEREST LAW
FIRMS, OR NONPROFIT LEGAL SERVICES CORPORATIONS.
25.5-10-517. Authority to increase payments to nursing facility
and regional center providers -rules.
SUBJECT TO AVAILABLE APPROPRIATIONS AND FEDERAL
AUTHORIZATION, HCPF MAY INCREASE PAYMENTS TO NURSING FACILITY
PROVIDERS AND REGIONAL CENTER PROVIDERS FOR THE PURPOSE OF
ACHIEVING THE LEAST RESTRICTIVE PLACEMENT REQUIREMENT FOR
PAGE 151-SENATE BILL 26-149
INDIVIDUALS SUBJECT TO A PROTECTIVE PLACEMENT PURSUANT TO THIS
PART 5. HCPF SHALL ADOPTED RULES DEFINING THE QUALIFICATIONS AND
PAYMENT SCHEDULE FOR NURSING FACILITY PROVIDERS AND REGIONAL
CENTERPROVIDERSTHATSERVETHEINDIVIDUALSSUBJECTTOAPROTECTIVE
PLACEMENT.
25.5-10-518. Repeal of part.
THIS PART 5 IS REPEALED, EFFECTIVE JULY 1, 2031.
SECTION 23. In Colorado Revised Statutes, add 25.5-6-414 as
follows:
25.5-6-414. Delivery of services for individuals with serious
mental illness -rules.
(1) THE STATE DEPARTMENT IS COMMITTED TO IMPROVING ACCESS
TO, AND THE QUALITY OF SERVICES FOR, INDIVIDUALS WITH SERIOUS MENTAL
ILLNESS WHO ARE ENROLLED IN THE STATE MEDICAL ASSISTANCE PROGRAM.
(2) THE STATE DEPARTMENT SHALL, IN COLLABORATION WITH THE
BEHAVIORAL HEALTH ADMINISTRATION, SERVICE PROVIDERS,
Sf AKEHOLDERS, AND INDIVIDUALS WITH LIVED EXPERIENCE, CONTINUOUSLY
EVALUATE AND EXPLORE OPTIONS TO ENHANCE THE DELIVERY or SERVICES
FOR INDIVIDUALS WITH SERIOUS MENTAL ILLNESS, WHICH EFFORTS MAY
INCLUDE, BUT ARE NOT LIMITED TO:
(a) EXPANDING COMMUNITY-BASED SERVICE CAPACITY AND CARE
COORDINATION;
(b) IMPROVING TRANSITIONS OF CARE ACROSS SETTINGS;
(c) LEVERAGING FEDERAL AUTHORITIES, WAIVERS, AND FINANCING
MECHANISMS;
(d) ADVANCING INNOVATIVE SERVICE DELIVERY MODELS AND
VALUE-BASED PAYMENT APPROACHES; AND
( e) IDENTIFYING AND ADDRESSING GAPS IN ACCESS, QUALITY, AND
OUTCOMES.
PAGE 152-SENATE BILL 26-149
(3) THE STATE DEPARTMENT SHALL CONSIDER OPPORTUNITIES TO
ALIGN FINANCING, BENEFITS, AND SERVICE DELIVERY SYSTEMS TO BETTER
MEET THE NEEDS OF INDIVIDUALS WITH SERIOUS MENTAL ILLNESS, WITH THE
GOALS OF IMPROVING HEALTH OUTCOMES, REDUCING A VOIDABLE
UTILIZATION OF HIGH-COST SERVICES, AND SUPPORTING INDIVIDUALS TO
LIVE IN THE LEAST RESTRICTIVE SETTING APPROPRIATE TO MEET THE
INDIVIDUAL'S NEEDS.
(4) THE STATE DEPARTMENT MAY ADOPT RULES AS NECESSARY TO
IMPLEMENT THIS SECTION.
( 5) THIS SECTION DOES NOT CREATE AN ENTITLEMENT TO A SPECIFIC
SERVICE Oil LEVEL OF CARE.
SECTION 24. In Colorado Revised Statutes, 25.5-10-216, amend
(7) as follows:
25.5-10-216. Imposition of legal disability - removal of legal
right.
(7) A person shall not be admitted to a regional center, as defined
in section 27-10.5-102, C.R.S., without a court order issued pursuant to this
section except in an emergency' IF THE PERSON MEETS THE CRITERIA FOR AN
ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION 16-8.5-118, or
for the purpose of temporary respite care.
SECTION 25. In Colorado Revised Statutes, 27-10.5-110, amend
(2) as follows:
27-10.5-110. Imposition of legal disability - removal of legal
right.
(2) A person shall not be admitted to a regional center without a
court order issued pursuant to section 25.5-10-216, C.R.S., except in an
emergency, IF THE PERSON MEETS THE CRITERIA FOR AN ENHANCED
PROTECTIVE PLACEMENT PURSUANT TO SECTION 16-8.5-118, or for the
purpose of temporary respite care.
SECTION 26. In Colorado Revised Statutes, 27-94-101.5, add (2)
as follows:
PAGE 153-SENATE BILL 26-149
27-94-101.5. Definitions.
As used in this article 94, unless the context otherwise requires:
(2) "DEPARTMENT" MEANS THE DEPARTMENT OF HUMAN SERVICES.
SECTION 27. In Colorado Revised Statutes, add 27-94-108 as
follows:
27-94-108. Construction and operation of an outpatient
treatment facility.
(1) NO LATER THAN OCTOBER 1, 2027, THE DEPARTMENT SHALL
CONSTRUCT AND OPERATE AN OUTPATIENT TREATMENT FACILITY FOR
ADULTS WITH BEHAVIORAL HEALTH NEEDS, INCLUDING ADULTS WHO ARE
FOUND INCOMPETENT TO PROCEED AND UNLIKELY TO BE RESTORED TO
COMPETENCY PURSUANT TO ARTICLE 8.5 OF TITLE 16.
(2) A PERSON MAY BE REFERRED TO THE OUTPATIENT TREATMENT
FACILITY BY A COURT CONDUCTING A COMPETENCY PROCEEDING PURSUANT
TO ARTICLE 8.5 OF TITLE 16, BY THE BRIDGES WRAPAROUND CARE PROGRAM
ESTABLISHED IN ARTICLE 8.6 OF TITLE 16, OR BY ANY OTHER PROGRAM OR
FACILITY WITHIN THE DEPARTMENT, INCLUDING PROGRAMS OPERATED
THROUGH CONTRACTS WITH THE DEPARTMENT. A PERSON SHALL NOT BE
REFERRED TO THE OUTPATIENT TREATMENT FACILITY FROM ANY SOURCE
OUTSIDE OF COMPETENCY-RELATED PROCEEDINGS, THE BRIDGES
WRAPAROUND CARE PROGRAM, OR THE DEPARTMENT.
(3) AT A MINIMUM, THE DEPARTMENT SHALL ENSURE THAT THE
OUTPATIENT TREATMENT FACILITY OFFERS MENTAL HEALTH THERAPY,
MEDICATION MANAGEMENT SERVICES, AND CASE MANAGEMENT SERVICES.
THE DEPARTMENT MAY OFFER OUTPATIENT TREATMENT SERVICES AS
COMMUNITY-BASED SERVICES, AS TELEHEALTH SERVICES, OR IN-PERSON AT
THE OUTPATIENT TREATMENT FACILITY.
(4) THE DEPARTMENT MAY OPEN AND OPERATE ADDITIONAL
OUTPATIENT TREATMENT FACILITIES OR CONTRACT WITH OTHER ENTITIES AT
THE DEPARTMENT'S DISCRETION, SUBJECT TO ADDITIONAL APPROPRIATIONS.
THE DEPARTMENT MAY HOLD ALL CIVIL CERTIFICATIONS AT A SINGLE
LOCATION AND CONTRACTORS AND OTHER DEPARTMENT TREATMENT
PAGE 154-SENATE BILL 26-149
FACILITIES MAY PROVIDE SERVICES TO SUPPORT THE CIVIL CERTIFICATIONS.
SECTION 28. In Colorado Revised Statutes, 13-94-105, add (1.6)
as follows:
13-94-105. Office of public guardianship - director - duties -
memorandum of understanding - annual report - repeal.
( 1.6) THE OFFICE MAY ESTABLISH, MAINTAIN, AND ADJUST STAFFING
LEVELS, INCLUDING GUARDIANS, CASE AIDES, AND ADMINISTRATIVE
SUPPORT, AS NECESSARY TO:
(a) SCREEN AND ACCEPT REFERRALS ARISING FROM COMPETENCY
PROCEEDINGS UNDER ARTICLE 8.5 OF TITLE 16;
(b) PROVIDE EMERGENCY PUBLIC GUARDIANSHIP SERVICES
PURSUANT TO SECTION 15-14-312 ( 6), ARTICLE 8.5 OF TITLE 16, ARTICLE 10
OF TITLE 25.5, AND ARTICLE 65 Of TITLE 27 FOR INDIGENT INDIVIDUALS
FOUND INCOMPETENT TO PROCEED;
( C) IDENTIFY AND SUPPORT TIMELY TRANSITIONS TO CIVIL
PLACEMENT, TREATMENT, AND SERVICES IN ORDER TO PREVENT
Ul\'NECESSARY INCARCERATION OR HOSPITALIZATION; AND
(d) SUPPORT LONG-TERM GUARDIANSHIP SERVICES WHEN
NECESSARY.
SECTION 29. In Colorado Revised Statutes, 15-14-312, add (6) as
follows:
15-14-312. Emergency guardian.
(6) IN ADDITION TO A COURT WITH JURISDICTION TO HEAR
PROCEEDINGS PURSUANT TO THIS TITLE 15, A CRIMINAL COURT OR ANOTHER
COURT WITH JURISDICTION MAY APPOINT AN EMERGENCY GUARDIAN AS
AUTHORIZED PURSUANT TO SECTION 16-8.5-117 OR 16-8.5-118, OR A CIVIL
COURT SUPERVISING A CIVIL COMMITMENT PURSUANT TO SECTION 27-65-201
OR AN ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION
25 .5-10-507 MAY APPOINT AN EMERGENCY GUARDIAN.
PAGE 155-SENATE BILL 26-149
SECTION 30. In Colorado Revised Statutes, 24-4.1-302, add
(2)(q.1), (2)(q.2), and (2)(q.3) as follows:
24-4.1-302. Definitions.
As used in this part 3, and for no other purpose, including the
expansion of the rights of any defendant:
(2) "Critical stages" means the following stages of the criminal
justice process:
(q.1) A TRIAL FOR CIVIL COMMITMENT OR ENHANCED PROTECTIVE
PLACEMENT PURSUANT TO SECTION 16-8.5-118;
(q.2) AHEARINGTOTERMINATEACIVILCOMMITMENTPURSUANTTO
SECTION 27-65-202 OR AN ENHANCED PROTECTIVE PLACEMENT PURSUANT
TO SECTION 25.5-10-508;
(q.3) THE TRANSFER, RELEASE, OR ESCAPE OF A PERSON OR THE
PLACEMENT OF A PERSON INTO A COMMUNITY-BASED SETTING OUTSIDE OF
INPATIENT CARE AT THE DISCRETION OF CDHS, AS DEFINED IN SECTION
16-8.5-101, WHEN THE PERSON IS UNDER A CIVIL COMMITMENT PURSUANT
TO SECTION 27-65-201 OR AN ENHANCED PROTECTIVE PLACEMENT UNDER
COURT SUPERVISION PURSUANT TO SEc'fION 25.5-10-507 WHEN THE
CRIMINAL CASE INITIATING THE CIVIL COMMITMENT OR ENHANCED
PROTECTIVE PLACEMENT INVOLVED A VICTIM.
SECTION 31. In Colorado Revised Statutes, 24-4.1-302.5, amend
(l)(b); and add (l)G.6) as follows:
24-4.1-302.5. Rights afforded to victims -definitions.
(1) In order to preserve and protect a victim's rights to justice and
due process, each victim of a crime has the following rights:
(b) The right to be informed of and be present by appearing in
person, by phone, virtually by audio or video, or similar technology for all
critical stages of the criminal justice process as specified in section
24-4.1-302 (2); except that the victim shall have the right to be informed of,
without being present for, the critical stages described in section 24-4.1-302
PAGE 156-SENATE BILL 26-149
(2)( a), (2)( a.5), (2)( a. 7), (2)( e.5), (2)(k.3 ), (2)(n), (2 )(p )~ (2)( q), (2)(q.3),
(2)(r), and (2)(u);
G .6) THE RIGHT TO BE INFORMED OF ANY REQUEST FOR CHANGES TO
MA 7ERIAL TERMS OF A CIVIL COMMITMENT PURSUANT TO SECTION 27-65-201
OR ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION 25. 5-10-507
ON BEHALF OF A PERSON IN A CIVIL COMMITMENT OR PROTECTIVE
PLACEMENT IN A CRIMINAL CASE INVOLVING THE VICTIM, AND THE RIGHT TO
BE PRESENT BY APPEARING IN PERSON, BY PHONE, OR VIRTUALLY BY VIDEO
OR AUDIO, OR SIMILAR TECHNOLOGY, AND HEARD AT ANY HEARING DURING
WHICH A COURT CONSIDERS THE REQUEST. AS USED IN THIS SUBSECTION
(l)Q.6), "REQUEST FOR CHANGES TO MATERIAL TERMS" INCLUDES ANY
REQUEST TO BE RELEASED FROM AN INPATIENT SETTING TO AN OUTPATIENT
SETTING OR TO BE MOVED INTO A COMMUNITY-BASED SETTING OUTSIDE OF
INPATIENT CARE AT THE DISCRETION OF CDHS, AS DEFINED IN SECTION
16-8.5-101.
SECTION 32. In Colorado Revised Statutes, 24-4.1-303, add
(l l)(b.8), (l l)(b.9), (14.6), and (14.8) as follows:
24-4.1-303. Procedures for ensuring rights of victims of crimes.
( 11) The district attorney shall inform a victim of the following:
(b.8) ANY CRITICAL STAGE DESCRIBED IN SECTION 24-4.1-302
(2)(q.1), (2)(q.2), AND (2)(q.3);
(b.9) ANY INFORMATION RECEIVED PURSUANT TO SUBSECTION ( 14.8)
OF THIS SECTION.
(14.6) ANY FACILITY OR PROVIDER THAT HAS THE CARE AND
PHYSICAL CUSTODY OF A RESPONDENT IN AN INPATIENT SETTING PURSUANT
TO A CIVIL COMMITMENT OR AN ENHANCED PROTECTIVE PLACEMENT
PURSUANT TO SECTION 16-8.5-118 OR SUPERVISION OF A CIVIL COMMITMENT
PURSUANT TO SECTION 27-65-201 OR ENHANCED PROTECTIVE PLACEMENT
PURSUANTTOSECTION25.5-10-507THATRESULTEDFROMACRIMINALCASE
INVOLVING A VICTIM SHALL NOTIFY THE APPLICABLE COUNTY ATTORNEY OF
THE FOLLOWING:
(a) THE INSTITUTION IN WHICH THE PERSON RESIDES;
PAGE 157-SENATE BILL 26-149
(b) ANY RELEASE OF THE PERSON ON FURLOUGH OR OTHER
PROGRAM, IN ADVANCE OF THE RELEASE;
( c) A NY OTHER TRANSFER OR RELEASE FROM AN INPATIENT SETTING;
( d) ANY ESCAPE BY THE PERSON AND ANY SUBSEQUENT RECAPTURE
OF THE PERSON; AND
( e) THE DEA TH OF THE PERSON WHILE IN CUSTODY OR WHILE UNDER
THE JURISDICTION OF THE STATE.
(14.8) THE COUNTY ATTORNEY SHALL INFORM THE DISTRICT
ATTORNEY THAT SOUGHT CIVIL COMMITMENT OR ENHANCED PROTECTIVE
PLACEMENT PURSUANT TO SECTION 16-8.5-118 OF THE FOLLOWING:
(a) ANY CRITICAL ST AGE DESCRIBED IN SECTION 24-4.1-302 (2)(q. l ),
(2)(q.2), AND (2)(q.3);
(b) ANY REQUEST FOR CHANGES TO MATERIAL TERMS OF A CIVIL
COMMITMENT DESCRIBED IN SECTION 24-4.1-302.5 ( 1 )Q.6); AND
(c) ANY INFORMATION RECEIVED PURSUANT TO SUBSECTION (14.6)
OF THIS SECTION FROM A FACILITY OR A PROVIDER WHO HAS THE CARE AND
PHYSICAL CUSTODY OF A RESPONDENT IN AN INPATIENT SETTING PURSUANT
TO A CIVIL COMMITMENT SUPERVISED PURSUANT TO SECTION 27-65-201 OR
AN ENHANCED PROTECTIVE PLACEMENT SUPERVISED PURSUANT TO SECTION
25.5-10-507.
SECTION 33. In Colorado Revised Statutes, 13-5-142, amend
(l)(c) and (3)(b)(III) as follows:
13-5-142. National instant criminal background check system -
reporting.
( 1) On and after March 20, 2013, the state court administrator shall
send electronically the following infonnation to the Colorado bureau of
investigation created pursuant to section 24-33.5-401, referred to in this
section as the "bureau":
( c) The name of each person with respect to whom the court has
PAGE 158-SENATE BILL 26-149
entered an order for in\loluntary certification for short-term treatment of a
mental health disorder pursuant to section 27-65-108.5 or 27-65-109
SECTION 27-65-108.5, 27-65-109, O!l27-65-l 09.5, for extended certification
for treatment of a mental health disorder pursuant to section 27-65-109 ( 10),
or for long-term care and treatment of a mental health disorder pursuant to
section 27-65-110.
(3) The state court administrator shall take all necessar; steps to
cancel a record made by the state court administrator in the national instant
criminal background check system if:
(b) No less than three years before the date of the written request:
(III) The record in the case was sealed pursuant to section 27-65-109
ff) SECTION 27-65-123 (7) OR25.5-10-515 (4), or the court entered an order
discharging the person from certification in the nature of habeas corpus
pursuant to section 27-65-115, if the record in the national instant criminal
background check system is based on a court order for involuntary
certification for short-term treatment of a mental health disorder.
SECTION 34. In Colorado Revised Statutes, 13-5-142.5, amend
(2)(a)(lII) as follows:
13-5-142.5. National instant criminal background check system
- judicial process for awarding relief from federal proMbitions -
legislative declaration.
(2) Eligibility. A person may petition for relief pursuant to this
section if:
(a) (III) The court has entered an order for the person's in\loluntary
certification for short-term treatment of a mental health disorder pursuant
to section 27-65-108.5 01 27-65-HW SECTION 27-65-108.5, 27-65-109, OR
27-65-109 .5, for extended certification for treatment of a mental health
disorder pursuant to section 27-65-109 (10), or for long-term care and
treatment of a mental health disorder pursuant to section 27-65-11 O; and
SECTION 35. In Colorado Revised Statutes, amend 13-5-142.8 as
follows:
PAGE 159-SENA TE BILL 26-149
13-5-142.8. Notice by professional persons.
Under sections 13-9-123 (1), 13-9-124 (2), 13-5-142 (1), and
13-5-142.5 (2), an order for involuntary certification for short-term
treatment of a mental health disorder pursuant to section 27-65-108.5 or
27-65-109 SECTION 27-65-108.5, 27-65-109, OR 27-65-109.5 must also
include a notice filed by a professional person pursuant to section
27-65-108.5 ot 27-65-109 SECTION 27-65-108.5, 27-65-109, OR
27-65-109.5, and an order for extended certification for treatment of a
mental health disorder pursuant to section 27-65-109 (10) must also include
a notice filed by a professional person pursuant to section 27-65-109 ( 10).
SECTION 36. In Colorado Revised Statutes, 13-9-123: amend
(l)(c) and (3)(b)(III) as follows:
13-9-123. National instant criminal background check system -
reporting.
(1) On and after March 20, 2013, the state court administrator shall
send electronically the following information to the Colorado bureau of
investigation created pursuant to section 24-33.5-401, referred to in this
section as the "bureau":
( c) The name of each person with respect to whom the court has
entered an order for involuntary certification for short-term treatment of a
mental health disorder pursuant to section 27-65-108.5 m 27-65-109
SECTION 27-65--108.5, 27-65-109, OR27-65-109.5, for extended certification
for treatment of a mental health disorder pursuant to section 27-65-109 ( 10),
or for long-term care and treatment of a mental health disorder pursuant to
section 27-65-110.
(3) The state court administrator shall take all necessary steps to
cancel a record made by the state court administrator in the national instant
criminal background check system if:
(b) No less than three years before the date of the written request:
(III) The record in the case was sealed pursuant to section 27-65-109
ff} SECTION 27-65-123 (7), or the court entered an order discharging the
person from certification in the nature of habeas corpus pursuant to section
PAGE 160-SENATE BILL 26-149
27-65-115, if the record in the national instant criminal background check
system is based on a court order for involuntary certification for short-term
treatment of a mental health disorder.
SECTION 37. In Colorado Revised Statutes, 13-9-124, amend
(2)(a)(III) as follows:
13-9-124. National instant criminal background check system -
judicial process for awarding relief from federal prohibitions -
legislative declaration.
(2) Eligibility. A person may petition for relief pursuant to this
section if:
(a) (III) The court has entered an order for the person's involuntary
certification for short-term treatment of a mental health disorder pursuant
to section 27-65-108.5 OI 27-65-109 SECTION 27-65-108.5, 27-65-109, OR
27-65-109.5, for extended certification for treatment of a mental health
disorder pursuant to section 27-65-109 (10), or for long-term care and
treatment of a mental health disorder pursuant to section 27-65-110; and
SECTION 38. In Colorado Revised Statutes, 15-18.7-202, amend
(7) as follows:
15-18.7-202. Behavioral health orders for scope of treatment -
form contents -effect.
(7) Nothing in this part 2 means that an adult who has executed a
behavioral health orders f01m has consented to a petition for involuntary
administration of medication authority pursuant to section 27-65-113 (5)
SECTION 27-65-113 (3).
SECTION 39. In Colorado Revised Statutes, 16-5-401, amend
(2.5)(b) as follows:
16-5-401. Limitation for commencing criminal proceedings, civil
infraction proceedings, and juvenile delinquency proceedings -
definitions.
(2.5) (b) The time limitations imposed by this section are tolled
PAGE 161-SENATE BILL 26-149
beginning when a defendant's case is dismissed without prejudice for the
purpose of facilitating certification for short-term treatment pursuant to
section 16-8.5-111 (3) SECTION 16-8.5-109 until either the defendant's
criminal case is refiled or six months has passed since the case was
dismissed, whichever is earlier.
SECTION 40. In Colorado Revised Statutes, 16-8.6-103, amend
(2)(b) as follows:
16-8.6-103. Bridges wraparound care program -established.
(2) The purpose of the bridges wraparound care program is to:
(b) Serve eligible individuals whose cases have been dismissed
pursuant to section 16-8.5-111 (1.6) SECTION 16-8.5-109 (4) but who are
voluntarily willing to participate in the bridges wraparound care program;
SECTION 41. In Colorado Revised Statutes, 16-10-404, amend
(l)(b) as folJows:
16-10-404. Use of a court facility dog - definitions.
(1) As used in this section, unless the context otherwise requires:
(b) °Criminal proceeding" or "criminal proceedings" has the same
meaning as set forth in section 16-8.5-101. t8}:
SECTION 42. In Colorado Revised Statutes, amend 16-18-101, as
follows:
16-18-101. Costs in criminal cases.
(1) THE STATE SHALL PAY the costs in OF criminal cases shatl--bc
paid by the state pursuant to section 13-3-104 C.R.S., when IF the defendant
is acquitted or when IF the defendant is convicted and the court determines
he THE DEFENDANT is unable to pay them THE COSTS.
(2) The costs of preliminary hearings, including any reporters'
transcripts thereof ordered by a defendant, shalt MUST be paid pursuant to
subsection (1) of this section. UNLESS OTHER WISE ORDERED BY THE COURT,
PAGE 162-SENATE BILL 26-149
THE PROSECUTION SHALL PA y FOR reporters' transcripts of preliminary
hearings which THAT are ordered by the prosecution. shall be paid for by tl ce
prosecution, tmles., other wise m dered by the court.
(3) The department of corrections, from annual appropriations made
by the general assembly, shall reimburse the county or counties in a judicial
district for the costs of prosecuting any crime alleged to have been
committed by a person in the custody of the department. The county or
counties shall ce1tify these THE costs to the department, and upon approval
of the executive director of the department, the DEPARTMENT SHALL PAY
THE costs. shall be paid. The provisions of This subsection (3) shall apply
APPLIES to costs that are not otherwise paid by the state.
( 4) THE STA TE SHALL PAY THE COSTS OF A CIVIL COMMITMENT TRIAL
AND ENHANCED PROTECTIVE PLACEMENT TRIAL CONDUCTED PURSUANT TO
SECTION 16-8.5-118, THE COSTS OF INITIATING A SHORT-TERM
CERTIFICATIONPURSUANTTOARTICLE65 OFTITLE27,ANDTHECOSTSOF AN
INDEPENDENT EXAMINATION AND TERMINATION HEARING CONDUCTED
PURSUANT TO SECTION 27-65-202 OR 25.5-10-508, INCLUDING ANY
REPORTERS' TRANSCRIPTS ORDERED BY A DEFENDANT. UNLESS OTHERWISE
ORDERED BY THE COURT, THE PROSECUTION SHALL PAY FOR REPORTERS'
TRANSCRIPTS OF PRELIMINARY HEARINGS THAT ARE ORDERED BY THE
PROSECUTION. ·
SECTION 43. In Colorado Revised Statutes, 17-22.5-403.5, amend
(4)(f) as follows:
17-22.5-403.5. Special needs parole.
( 4) ( f) If, prior to or during any parole revocation hearing, including
hearings for offenders granted parole pursuant to subsection (5) of this
section, the department or a member of the parole board has a substantial
and good faith reason to believe that the offender is incompetent to proceed,
as defined in section 16-8.5-101, tffl; the parole board shall suspend all
proceedings and notify the public defender liaison described in section
21-1-104 ( 6). THE COURT SHALL APPOINT the office of state public defender
shall be appointed by the court to represent the inmate, and THE OFFICE OF
ST ATE PUBLIC DEFENDER shall file a written motion with the trial court that
imposed the sentence to determine competency. The motion must contain
a certificate of counsel stating that the motion is based on a good faith belief
PAGE 163-SENATE BILL 26-149
that the inmate is incompetent to proceed. The motion must set forth the
specific facts that have formed the basis for the motion. The com1 shall seal
the motion. The court shall follow all the relevant procedures in article 8.5
of title 16 regarding the determination of competency. The presence of the
inmate is not required unless there is good cause shown .
. SECTION 44. In Colorado Revised Statutes, 17-26-118, amend
(3)(i) as follows:
17-26-118. Criminal justice data collection -definitions.
(3) The keeper of each jail facility shall keep and maintain a daily
record of the following data:
(i) The number of confined inmates awa1tmg a competency
evaluation, as-defined in section 16-8.5-101 (2t, a competency hearing, as
defined in section 16-8.5-101 (4t, or a restoration hearing, as THOSE TERMS
ARE defined in section 16-8.5-101; (-l-9-r,
SECTION 45. In Colorado Revised Statutes, 20-1-111, amend
(4)(c) as follows:
20-1-111. District attorneys may cooperate or contract-contents
-appropriation.
(4) (c) FOR STATE FISCAL YEAR 2026-27, AND FOR EACH STATE
FISCAL YEAR THEREAFTER, the general assembly shall make -an
appropriation APPROPRIATE ONE HUNDRED FIFTY THOUSAND DOLLARS to the
department of law fut state-fiscal yea1 2019-20 for allocation to the
statewide organization representing district attorneys for the public purpose
of providing prosecution training SEMINARS, CONTINUING EDUCATION
PROGRAMS, AND OTHER PROSECUTION-RELATED SERVICES ON BEHALF OF
DISTRICT ATTORNEYS WHO ARE l'v1EMBERS OF THE ORGANIZATION,
INCLUDING, BUT NOT LIMITED TO, COSTS AND EXPENSES FOR PERSONNEL,
ADMINISTRATION, MATERIALS, AND TRAVEL, concerning ANY ISSUES
RELATED TO determinations of competency to proceed for juveniles and
adults, competency evaluation reports, services to restore competency, CIVIL
COMMITMENTS, PROTECTIVE PLACEMENTS, ENHANCED PROTECTIVE
PLACEMENTS, and certification proceedings governed by article 65 of title
27.
PAGE 164-SENATE BILL 26-149
SECTION 46. In ~olorado Revised Statutes, 22-31-129, amend (1)
introductory portion and (l)(g) as follows:
22-31-129. Vacancies.
( 1) .A school director office shall be IS deemed to be vacant upon the
occurrence of any one of the following events prior to the expiration of the
term of office:.- .
(g) If a court of competent jurisdiction determines that the person
duly elected or appointed is insane or otherwise mentally incompetent, but
only after the right to appeal has been waived or othenvise exhausted, and
a com1 enters, pursuant to part 3 or part 4 of article 14 of title 15 or section
27-65-109 (4) or 27-65-127, C.R:S: SECTION 27-65-110 (4) OR27-65-127,
an order specifically finding that the insanity or mental incompetency is of
such a degree that the person is incapable of serving as a school director;
SECTION 47. In Colorado Revised Statutes, 22-60.5-107, amend
(2)(a) as -follows:
• 22-60.5-107. Grounds for denying, annulling, suspending, or
revoking license, certificate, endorsement, or authorization -
definitions.
(2) Any license, certificate, endorsement, or authorization may be
denied, annulled, suspended, or revoked in the manner prescribed in section
22-60.5-108, notwithstanding the provisions of subsection ( l) of this
section:
(a) When the holder has been determined to be mentally
incompetent by a court of competent jurisdiction and a court has entered,
pursuant to part 3 or part 4 of article 14 of title 15 or section~
or 27-65-127, C.R.S. SECTION 27-65-110 (4) OR 27-65-127, an order
specifically finding that the mental incompetency is of such a degree that
the holder is incapable of continuing to perform his or her THEIR job; except
that the license, certificate, endorsement, or authorization held by a person
who has been detennined to be mentally incompetent and for whom such
an order has been entered shaft MUST be revoked or suspended by operation
of law without a hearing, notwithstanding the provisions of section
22-60.5-108;
PAGE 165-SENA TE BILL 26-149
SECTION 48. In Colorado Revised Statutes, 24-72-705, amend
(l)(g) as follows:
24-72-705. Sealing criminal justice records other than
convictions -simplified pro"e~s -applicability.
( 1) (g) Charges that are dismissed pursuant to section 16-8.5-116
SECTION 16-8.5-109 (4), 16-8.5-113, OR 16-8.5-116 are not eligible for
sealing.
SECTION 49. In Colorado Revised Statutes, 24-75-111, add (7) as
follows:
24-75-111. Additional authority for controller to allow
expenditures in excess of appropriGtions -limitations -appropriations
for subsequent fiscal year restricted.
(7)(a) INADDITIONTOANYOVEREXPENDITUREALLOWEDPURSUANT
TO SECTION 24-7 5-109, THE CONTROLLER MAY ALLOW THE DEPARTMENT OF
HUMAN SERVICES TO MAKE AN EXPENDITURE IN EXCESS OF THE AMOUNT
AUTHORJZEDBYAN ITEMOFAPPROPRIATIONFORSUCHAFISCAL YEARIFTHE
EXPENDITURE IS FOR PERSONS FOUND INCOMPETENT TO PROCEED WHO ARE
PLACED OR MAY BE PLACED UNDER A CIVIL COMMITMENT OR ENHANCED
PROTECTIVE PLACEMENT AND:
(I) THE OVEREXPENDITURE IS NECESSARY DUE TO UNFORESEEN
CIRCUMSTANCES ARISING WHILE THE GENERAL ASSEMBLY IS NOT MEETING
IN REGULAR OR SPECIAL SESSION DURING WHICH SUCH OVEREXPENDITURE
CAN BE LEGISLATIVELY ADDRESSED;
(II) THE REQUEST FOR THE OVEREXPENDITURE HAS BEEN SUBMITTED
TO THE OFFICE OF ST A TE PLANNING AND BUDGETING FOR APPROV ALAND THE
OFFICE OF ST ATE PLANNING AND BUDGETING HAS APPROVED THE
OVEREXPENDITURE, IN WHOLE OR IN PART;
(III) THE REQUEST FOR THE OVEREXPENDITURE HAS BEEN
SUBMITTED TO THE JOINT BUDGET COMMITfEE OF THE GENERAL ASSEMBLY
FOR APPROVAL; AND
(IV) THE REQUEST FOR THE OVEREXPENDITURE HAS BEEN APPROVED,
PAGE 166-SENATE BILL 26-149
IN WHOLE OR IN PART, BY A MAJORITY VOTE OF THE MEMBERS OF THE JOINT
BUDGET COMMITTEE WITHIN TWO WEEKS AFTER RECEIVING THE REQUEST
FROM THE OFFICE OF STATE PLANNING AND BUDGETING AND THE
CONTROLLER HAS RECEIVED WRITTEN CONFIRMATION OF THE APPROVAL
FROM THE JOINT BUDGET COMMITTEE.
(b) THE JOINT BUDGET COMMITTEE SHALL NOTIFY THE COLORADO
DISTRICT ATTORNEYS' COUNCILANDTHEOFFICEOF STATE PUBLIC DEFENDER
OF THE OUTCOME OF THE JOINT BUDGET COMMITTEE'S VOTE.
(c) IFTHEREQUESTFOROVEREXPENDITUREISNOT APPROVEDBYTHE
JOINT BUDGET COMMITTEE, THE DEPARTMENT OF HUMAN SERVICES SHALL
CONVENE A MEETING WITH THE DISTRICT ATTORNEYS' COUNCIL, THE OFFICE
OF · STATE PUBLIC DEFENDER, AND ANY OTHER RELEVANT PARTIES TO
DISCUSS WHAT ACTIONS THE DEPARTMENT OF HUMAN SERVICES AND OTHER
AGENCIES MAY TAKE.
SECTION 50. In Colorado Revised Statutes, 26-1-107, amend
(6)(h) as follows:
26-1-107. State board of human services - reimbursement for
expenses -rules.
(6) The state board shall:
(h) Adopt rules concerning standards for the level of training,
education, and experience that a psychiatrist or psychologist shall have to
MUST be qualified IN ORDER to perform competency evaluations in criminal
cases pursuant to section 16-8-106 and article 8.5 of title 16, C.R.S., and
standards for conducting and reporting competency evaluations in criminal
cases. Prior-to adopting the mies, the state board shall consider
reeomtnendations ftmn the competency evc1luation advisory board created
in section 16-8.5-119, C.R.S.
SECTION 51. In Colorado Revised Statutes, 27-60-105, amend (2)
and (6) as follows:
27-60-105. Outpatient restoration to competency services -
jail-based behavioral health services - responsible entity - duties -
report -legislative declaration.
PAGE 167-SENATE BILL 26-149
(2) The state department serves as a central organizing structure and
responsible entity for the provision of competency restoration education
services and coordination of competency restoration services ordered by the
court pursuant to seetro11 16-8.5-111 (2) SECTION 16-8.5-110 (1) or
19-2.5-704 (2), and the behavioral health administration serves as the
central organizing structure and responsible entity for jail-based behavioral
health services pursuant to section 27-60-106.
( 6) In addition to subsection ( 4) of this section and subject to
available appropriations, the state department shall require any county jail
to assist in the provision of interim mental health services for individuals
who have been court-ordered for inpatient competency restoration and ,;vho
are waiting admission for an inpatient bed. This section does not toll or
otherwise modify the time frames for the state department to offer inpatient
admission pursuant to the provisions of section 16-8.5-111 SECTION
16-8.5-110.
SECTION 52. In Colorado Revised Statutes, 27-71-103, amend
(2)(c)(II) as follows:
27-71-103. Mental health residential facilities -additional beds.
(2) (c) The state department, in collaboration with the behavioral
health administration and the department of health care policy and
financing, shall establish criteria for admissions and discharge planning,
quality assurance monitoring, appropriate length of stay, and compliance
with applicable federal law. For the mental health residential facilities
created pursuant to this section, admission criteria for facilities must
include:
(II) For treatment beds that do not serve individuals covered under
a home- and community-based waiver, offering priority placement to
individuals under a certification for short-tenn or extended short-term
treatmentpursuanttosection27-65-107 or 27-65-108 SECTION27-65-108.5,
27-65-109, OR 27-65-109.5, and long-term care and treatment pursuant to
section 27-~9 SECTION 27-65-110 on an outpatient basis.
SECTION 53. In Colorado Revised Statutes, 27-94-107, amend (2)
as follows:
PAGE 168-SENATE BILL 26-149
27-94-107. Renovation for additional beds.
(2) Initially, the beds may be used for persons needing competency
services. When the wait list for INPATIENT competency RESTORATION
services provided pursuant to section 16-=·8:5-=ttt FOR DEFENDANTS NOT
ADMITTED WITHIN THE TIME LIMITS SET FORTH IN SECTION 16-8.5-110
(3)(a)(II) OR (3)(a)(III) is eliminated or trending so that it can be reasonably
expected to be eliminated within one year, the department of human
services shall implement a plan to transition the beds created in subsection
( 1) of this section to serve civil patients and immediately notify the joint
budget committee of the general assembly. Within one year after the
notification to the joint budget committee, all beds created pursuant to
subsection (1) of this section must serve civil patients.
SECTION 54. In Colorado Revised Statutes, 24-75-302, amend
(2)(uu) and (2)(w); and add (2)(xx) as follows:
24-75-302. Capital construction fund -capital assessment fees -
calculation - information technology capital account - repeal.
(2) The controller shall transfer a sum as specified in this subsection
(2) from the general fund to the capital construction fund as money becomes
available in the general fund during the fiscal year beginning on July 1 of
the fiscal year in which the transfer is made or on the date otherwise
specified for the transfer. Transfers between funds pursuant to this
subsection (2) are not appropriations subject to the limitations of section
24-75-201.1. The amounts transferred pursuant to this subsection (2) are as
follows:
(uu) On July 1, 2024, one hundred sixty-two million seven hundred
seventy-eight thousand two hundred eighty-five dollars; attti
(vv) On July 1, 2025, one hundred twenty-nine million four hundred
ninety-eight thousand thirty-three dollars; AND
(xx) THREE DAYS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
(2)(xx), FOUR MILLION SEVEN HUNDRED SEVENTY-SEVEN THOUSAND EIGHT
HUNDRED NINETY-EIGHT DOLLARS.
SECTION 55. Appropriation. (1) For the 2025-26 st,.te fiscal year,
PAGE 169-SENATE BILL 26-149
..
'
$535,934 is appropriated to the department of human services. This
appropriation is from the general fund. To implem.:!nt this act, the
department may use this appropriation c).S follows:
(a) $485,934 for the Wheat Ridge regio:ial center intetmediate care
facility; and
(b) $50,000 for skilled nursing contracted beds.
SECTION 56. Capital construction appropriation. For the
2025-26 state fiscal year, $3,577,898 is appropriated to the department of
human services for use by office of civil and forensic mental health. This
appropriation is from the capital construction fund created in section
24-75-302 (l)(a), C.R.S. To implement this act, the office may use this
appropriation for capital construction related to the renovation of a unit at
the Cclorado mental health hospital in Pueblo to create enhanced protective
placements for people with intellectual and developmental disabilities. Any
money appropriated in this section not expended prior to July 1, 2026, is
further appropriated to the department from July 1, 2026, through June 30,
2029, for the same purpose.
SECTION 57. Capital construction appropriation. For the
2025-26 state fiscal year, $1,200,000 is appropriated to the department of
human services for use by office of civil and forensic mental health. This
appropriation is from the capital construction fund created in section
24-75-302 (l)(a), C.R.S. To implement this act, the office may use this
appropriation for capital construction related to the development of an
outpatient clinic pursuant to section 27-94-108 (1), C.R.S. Any money
appropriated in this section not expended prior to July 1, 2026, is further
appropriated to the department from July I, 2026, through June 30~ 2028,
for the same purpose.
SECTION 58. Appropriation. (1) For the 2026-27 state fiscal
year, $3,682,028 is appropriated to the judicial department. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $64,449 for use by supreme court and court of appeals for
appellate court programs, which amount is based on an assumption that the
division will require an additional 0.5 FTE;
PAGE 170-SENATE BILL 26-149
(b) $245,458 for use by state courts administration for general courts
administration, which amount is based on an assumption that the division
will require an additional 2.1 FTE;
( c) $1,113,744 for use by state courts administration for information
technology infrastructure;
( d) $103,600 for use by state courts administration for capital outlay;
(e) $310,800 for use by state courts administration for courthouse
infonnation technology capital outlay. which amount remains available for
expenditure through the close of the 2027-28 state fiscal year;
(t) $925,244 for use by trial courts for trial court programs, which
amount is based on an assumption that the division will require an
additional 8.4 FTE;
(g) $719,608 for use by trial courts for court cost, jury costs,
court-appointed counsel, and reimbursements for vacated convictions; and
(h) $199, 125 for use by trial comts for district attorney mandated
costs.
(2) For the 2026-27 state fiscal year, $26,296 is appropriated to the
judicial department for use by state courts administration. This
appropriation is from the judicial department information technology cash
fund created in section 13-32-114 (1), C.R.S. To implement this act, state
courts administration may use this appropriation for information technology
infrastructure.
(3) For the 2026-27 state fiscal year, $648,860 is appropriated to the
judicial department for use by the office of the state public defender. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $411,405 for personal services, which amount is based on an
assumption that the office will require an additional 4.5 FTE;
(b) $5,760 for operating expenses;
PAGE 171-SENATE BILL 26-149
( c) $28,000 for capital outlay;
( d) $570 for attorney registration;
( e) $4,000 for training; and
(t) $199,125 for mandated costs.
( 4) For the 2026-27 state fiscal year, $206,345 is appropriated to the
judicial department for use by the alternate defense counsel. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation for conflict-of-interest contracts.
(5) For the 2026-27 state fiscal year, $513,808 is appropriated to the
judicial department for use by the office of public guardianship. This
appropriation is from the general fund and is based on an assumption that
the office will require an additional 5.5 FTE. To implement this act, the
office may use this appropriation for program costs.
(6) For the 2026-27 state fiscal year, $350,396 is appropriated to the
judicial department for use by the office of bridges of Colorado. This
appropriation is from the general fund. To implement this act, the office
may use this appropriation as follows:
(a) $310,154 for personal services, which amount is based on an
assumption that the office will request an additional 3.3 FTE; and
(b) $40,242 for operating expenses.
SECTION 59. Appropriation. ( 1) For the 2026-27 state fiscal
year, $133,795 is appropriated to the department of health care policy and
financing for use by the executive director's office. This appropriation is
from the general fund and is based on an assumption that the department
will require an additional 3.0 FTE. To implement this act, the department
may use this appropriation for personal services.
(2) For the 2026-27 state fiscal year, the general assembly
anticipates that the department of health care policy and financing will
receive $133,794 in federal funds for personal services to implement this
act. The appropriation in subsection ( 1) of this section is based on the
PAGE 172-SENATE BILL 26-149
assumption that the department will receive this amount of federal funds,
which is subject to the "(I)" notation as defined in the annual general
appropriation act for the same fiscal year.
SECTION 60. Appropriation. (1) For the 2026-27 state fiscal
year, $709,013 is appropriated to the department of health care policy and
financing. This appropriation is from the general fund, which is subject to
the "(M)" notation as defined in the annual general appropriation act for the
same fiscal year. To implement this act, the department may use this
appropriation for medical and long-term care services for medicaid eligible
individuals.
(2) For the 2026-27 state fiscal year, the general assembly
anticipates that the depa11ment of health care policy and financing will
receive $709,013 in federal funds for medical and long-term care services
for medicaid eligible individuals to implement this act. The appropriation
in subsection ( 1) of this section is based on the assumption that the
department will receive this amount of federal funds.
SECTION 61. Appropriation. For the 2026-27 state fiscal year
$17,507,393 is appropriated to the depaitmcnt of human services, which
amount is based on an assumption that the department will require an
additional 61.1 FTE. This appropriation is from the general fund. To
implement this act, the department may use this appropriation as follows:
Executive director's office
Health, life, and dental
Short-term disability
Paid family medical leave insurance
Unfunded liability amortization payments
Behavioral health administration
Program administration
Behavioral health safety net services
PAGE 173-SENATE BILL 26-149
$1,074,819
$3,169
$20,369
$452,633
$80,605 ( 1.0 FTE)
$260,000
Office of civil and forensic mental health
Mental health institute at Pueblo; personal
services
Court services
Purchased psychiatric bed capacity
Outpatient competency restoration
$168,984 (2.0 FTE)
$238,293 (4.0 FTE)
$5,234,880
program $169,811 (3.0 FTE)
Forensic services; competency navigation $835,898 (3.0 FTE)
Contracted civil services $6,264,514 (32.0 FTE)
Outpatient clinic $385,125 (3.0 FTE)
Office of adults, aging, and disability services
Wheat Ridge regional center intennediate
care facility $767,434 (7.0 FTE)
Pueblo regional center; cottage at
Pueblo $1,550,859 (9.1 FTE)
SECTION 62. Appropriation. (1) For the 2026-27 state fiscal
year, $242,323 is appropriated to the department of human services. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation for the purchase of legal services.
(2) For the 2026-27 state fiscal year, $242,323 is appropriated to the
department oflaw. This appropriation is from reappropriated funds received
from the department of human services under subsection (1) of this section
and is based on an assumption that the department of law will require an
additional 1.0 FTE. To implement this act, the department of law may use
this appropriation to provide legal services for the department of human
services.
SECTION 63. Appropriation. (1) For the 2026-27 state fiscal
PAGE 174-SENATE BILL 26-149
year, $52,644 is appropriated to the department of human services. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation for the purchase of information
technology services.
(2) For the 2026-27 state fiscal year, $52,644 is appropriated to the
office of the governor for use by the office ofinformation technology. This
appropriation is from reappropriated funds received from the department of
human services under subsection (1) of this section. To implement this act,
the office may use this appropriatior. to provide information technology
services for the department of human services.
SECTION 64. Appropriation. For the 2026-27 state fiscal year,
$150,000 is appropriated to the department of law. This appropriation is
from the general fund. To implement this act, the department may use this
appropriation for deputy district attorney training.
SECTION 65. Repeal of non relocated provisions in this act. In
Colorado Revised Statutes, repeal the following provisions that are not
relocated: 16-8.5-106 (2); 16-8.5-111 (3), (4), (5), and (6)(b); 16-8.5-113
(3) and (5); and 16-8.5-116.5 (1), (7), (8), (9), (10), and (12).
SECTION 66. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 175-SENATE BILL 26-149
the support and maintenan~e of the departments of the state and state
institutions.
:1:-e~
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Est van Mourik
SECRETARY OF
THE SENATE
~skie
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Van cillv .,
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
APPROVED o)') 1n vvsJ6'Ji tyj<X\I U s--l 2tJ14 0vi- \ \: 3(}\Vh
(D te and 'Time)
RADO
PAGE 176-SENATE BILL 26-149