Pathways for Individuals with Mental Health Disorder

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0256.01 Shelby Ross x4510 SENATE BILL 26-149
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
CONCERNING PATHWAYS FOR INDI VIDUALS WITH MENTAL HEALTH101
DISORDERS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Under current law, if a defendant is found incompetent to proceed
and the defendant will not be restored to competency in the foreseeable
future, the court is required to dismiss charges against the defendant and
the defendant, in limited circumstances, may be referred for certification
for short-term treatment through a civil court process. The bill maintains
the requirement for the court to dismiss the charges against a defendant
SENATE SPONSORSHIP
Amabile and Simpson,
HOUSE SPONSORSHIP
Caldwell and McCluskie,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
if the defendant's highest charged offense is certain misdemeanor
offenses and maintains certification for short-term treatment as an option
for the defendant. However, the bill authorizes the district attorney or
county attorney (prosecution) to notify the court that the prosecution
seeks civil commitment or an enhanced protective placement of a
defendant if the prosecution can prove by clear and convincing evidence
that the defendant:
! Has a mental disability or developmental disability;
! Committed an act of homicide, crime of violence, or felony
that constitutes unlawful sexual behavior; and
! Poses a substantial risk of serious harm to others.
If the prosecution seeks civil commitment or an enhanced
protective placement, the court is required to stay the order dismissing the
defendant's case, set a trial within 91 days after the date the written notice
was filed, and order the office of forensic and mental health (OCFMH)
in the department of human services (CDHS) to identify an appropriate
provider and placement for the defendant in the event a civil commitment
or enhanced protective placement is granted. If the court finds the
prosecution has not met its burden, the court is required to deny the
prosecution's request to civilly commit the defendant or order an
enhanced protective placement of the defendant. If the court finds the
prosecution has met its burden, the court is required to make a finding of
the defendant's primary diagnosis that constitutes the mental disability or
developmental disability. Th e court shall order the defendant civilly
committed to CDHS unless the defendant's primary diagnosis is an
intellectual and developmental disability (IDD) or a neurocognitive
disorder, in which case, the court shall order an enhanced protective
placement of the defendant to the department of health care policy and
financing (HCPF).
After ordering a civil commitment or enhanced protective
placement, the court has 70 days to review and approve a placement for
the defendant, place the defendant, transfer jurisdiction to the appropriate
civil court, and dismiss the defendant's criminal case. If an appropriate
placement is not identified by OCFMH within the specified time frames,
the court is required to place the defendant in the physical care and
custody of a state hospital; except that, if the defendant's primary
diagnosis includes an IDD or a neurocognitive disorder, the court shall
not place the defendant in a state hospital unless placement in a regional
center or skilled nursing facility is unavailable or inappropriate.
Upon receiving jurisdiction of a civil commitment or enhanced
protective placement, the bill requires the civil court to supervise the civil
commitment or enhanced protective placement by notifying the county
attorney, appointing an attorney to represent the respondent, and setting
a review hearing. At the hearing, the respondent has the right to request
modification of the terms of the civil commitment or enhanced protective
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placement and the right to periodic review, including whether the
respondent qualifies for termination of the civil commitment or enhanced
protective placement. The court is required to ensure the respondent is
placed in the least-restrictive setting adequate to protect the victims and
community. The court shall not modify the civil commitment or enhanced
protective placement and place the respondent into a state hospital unless
the court has exhausted all reasonable attempts to find an alternative and
no other less-restrictive placements are adequate to protect the victims
and the community. The provider charged with the physical care and
custody of the respondent is required to submit a report to the court and
the parties annually by the date the respondent was civilly committed or
ordered into enhanced protective placement unless a substantially similar
examination was ordered by the court within the previous 12 months.
The bill requires the court to terminate the respondent's civil
commitment or enhanced protective placement if the respondent no
longer poses a substantial risk of serious harm to others or the respondent
does not have the applicable disorder or 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 their conduct to the requirements of the law. If the respondent
does not meet the criteria for termination, the respondent is not entitled
to another termination trial within one year after the conclusion of the
previous trial.
The court shall convert a civil commitment to an enhanced
protective placement if the respondent does not meet the criteria for
termination but the respondent has a mental health disorder that is an IDD
or a neurocognitive disorder, without ha ving any other mental health
disorder that is not an IDD or a 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. If the
defendant does not meet the criteria for termination and has co-occurring
mental health disorders that include an IDD or a neurocognitive disorder,
the court may, upon the recommendation of OCFMH, convert the civil
commitment to an enhanced protective placement.
The court shall convert an enhanced protective placement to a civil
commitment if the respondent does not meet the criteria for termination
and the respondent no longer has an IDD 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. If the
defendant does not meet the criteria for termination and has co-occurring
mental health disorders that do not include an IDD or a neurocognitive
disorder, the court may, upon the recommendation of OCFMH, convert
the enhanced protective placement to a civil commitment.
Under current law, an emergency mental health hold (M1 hold)
may be initiated against a person for not more than 72 hours if the person
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appears to have a mental health disorder and as a result of the mental
health disorder, appears to be a danger to the person's self or others, or
appears to be gravely disabled. A person detained for an M1 hold and
transported to an emergency medical services facility or facility
designated by the commissioner (facility) of the behavioral health
administration (BHA) and is required to receive an evaluation as soon as
possible after the person presents to the facility. Rather than being
transported to a facility, the bill authorizes a person who has an M1 hold
initiated against them while in confinement to receive an evaluation at the
person's place of confinement. If the person is released from confinement,
the person responsible for the confinement is required to coordinate with
the BHA to transfer the person to a facility.
Under current law, if a person under an M1 hold meets the criteria
for certification for short-term treatment, the person may be certified for
not more than 3 months. Rather than requiring an M1 hold as a
prerequisite to short-term certification, the bill authorizes a person to be
certified if the person:
! Has a persistent mental health disorder; or
! Has a mental health disorder and, as a result of the mental
health disorder, the person is unwilling or unable to comply
with voluntary treatment, or reasonable grounds exist to
believe that the person will not remain in a voluntary
treatment program and is a danger to the person's self, a
danger to others, or gravely disabled.
A person may not be certified for short-term treatment or
long-term care and treatment if the person has an IDD or neurocognitive
disorder without any other mental health disorder that is not an IDD 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. If a respondent is certified, the court shall order
OCFMH to provide care coordination and make diligent efforts to find a
provider for the respondent that is willing to hold the certification. The
respondent may be certified for long-term care and treatment if the
respondent continues to meet the criteria and standards for certification
for short-term treatment. The court shall terminate the certification if the
respondent no longer meets the criteria for certification.
A court may order the short-term or long-term protective
placement of a person who:
! Has a neurocognitive disorder;
! Is unwilling or unable to comply with voluntary treatment,
or reasonable grounds exist to believe that the person will
not remain in a voluntary treatment program; and
! Is a danger to the person's self, a danger to others, or
gravely disabled.
The bill aligns the provisions for short-term and long-term
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protective placement with certifications for short-term treatment and
long-term care with treatment.
HCPF, in collaboration with the BHA, is responsible for finding
an appropriate provider and placement for a person subject to a short-term
or long-term protective placement. A protective placement may be
terminated upon the signature of the treating medical professional and the
medical director of the facility if, after a reasonable observation and
treatment period, the treating medical professional determines the
respondent no longer meets the criteria for protective placement.
The bill makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend with2
relocated provisions article 8.5 of title 16 as follows:3
16-8.5-101. Definitions.4
As used in this article 8.5, unless the context otherwise requires:5
(1) "CIVIL PROCEEDING" MEANS:6
(a) F ILING A PETITION FOR CERTIFICATION FOR SHORT -TERM7
TREATMENT PURSUANT TO SECTION 27-65-108.5 OR 27-65-109;8
(b) A CIVIL PROCEEDING TO IMPOSE A LEGAL DISABILITY PURSUANT9
TO ARTICLE 10 OF TITLE 25.5; AND10
(c) A CIVIL PROCEEDING FOR A PROTECTIVE PLACEMENT PURSUANT11
TO PART 5 OF ARTICLE 10 OF TITLE 25.5.12
(1) (2) "Collateral materials" means the relevant police incident13
reports and the charging documents, either the criminal information or14
indictment.15
(2) (3) "Competency evaluation" includes both court-ordered16
competency evaluations and second evaluations.17
(3) (4) "Competency evaluator" means a licensed physician who18
is a psychiatrist or a licensed psychologist, each of whom is trained in19
forensic competency assessments, or a psychiatrist who is in forensic20
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training and practicing under the supervision of a psychiatrist with1
expertise in forensic psychiatry, or a psychologist who is in forensic2
training and is practicing under the supervision of a licensed psychologist3
with expertise in forensic psychology.4
(4) (5) "Competency hearing" means a hearing to determine5
whether a defendant is competent to proceed.6
(5) (6) "Competent to proceed" means that the defendant does not7
have a mental disability or developmental disability that prevents the8
defendant from having sufficient present ability to consult with the9
defendant's lawyer with a reasonable degree of rational understanding in10
order to assist in the defense or THAT prevents the defendant from having11
a rational and factual understanding of the criminal proceedings.12
(7) "C OUNTY ATTORNEY " MEANS A COUNTY ATTORNEY OR A13
QUALIFIED ATTORNEY ACTING FOR A COUNTY ATTORNEY APPOINTED BY14
THE DISTRICT COURT OR , IN ANY COUNTY OR CITY AND COUNTY WITH A15
POPULATION EQUAL TO OR LESS THAN FIFTY THOUSAND PEOPLE , THE16
DISTRICT ATTORNEY OR QUALIFIED ATTORNEY ACTING FOR THE DISTRICT17
ATTORNEY APPOINTED BY THE DISTRICT COURT.18
(6) (8) "Court-ordered competency evaluation" means a19
court-ordered examination of a defendant either before, during, or after20
trial, directed to developing information relevant to a determination of the21
defendant's competency to proceed at a particular stage of the criminal22
proceeding, that is performed by a competency evaluator and includes23
evaluations concerning restoration to competency.24
(7) (9) "Court-ordered report" means a report of an evaluation,25
conducted by or under the direction of the department CDHS, that is the26
statutory obligation of the department CDHS to prepare when requested27
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to do so by the court.1
(8) (10) "Criminal proceedings" means trial, sentencing,2
satisfaction of the sentence, execution, and any pretrial matter that is not3
susceptible of fair determination without the personal participation of the4
defendant.5
(9) (11) "Department" OR "CDHS" means the department of6
human services.7
(10) (12) "Developmental disability" means a disability that has8
manifested before the person reaches twenty-two years of age OLD,9
constitutes a substantial disability to the affected individual PERSON, and10
is attributable to an intellectual disability or other neurological conditions11
when such THE conditions result in impairment of general intellectual12
functioning or adaptive behavior similar to that of a person with an13
intellectual disability. Unless otherwise specifically stated, the federal14
definition of "developmental disability", 42 U.S.C. sec. 15002 (8), shall15
DOES not apply.16
(11) (13) "Executive director" means the executive director of the17
department of human services.18
(14) "G UARDIAN" MEANS A GUARDIAN APPOINTED FOR THE19
DEFENDANT PURSUANT TO ARTICLE 14 OF TITLE 15 OR A TEMPORARY20
EMERGENCY GUARDIAN APPOINTED PURSUANT TO THIS ARTICLE 8.5,21
ARTICLE 65 OF TITLE 27, OR ARTICLE 10 OF TITLE 25.5.22
(12) (15) "Incompetent to proceed" means that, as a result of a23
mental disability or developmental disability, the defendant does not have24
sufficient present ability to consult with the defendant's lawyer with a25
reasonable degree of rational understanding in order to assist in the26
defense, or that, as a result of a mental disability or developmental27
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disability, the defendant does not have a rational and factual1
understanding of the criminal proceedings.2
(13) (16) "In-custody" means in prison, in a jail, or in any other3
locked detention facility that does not meet the definition of "inpatient".4
(14) (17) "Inpatient" means in the custody of the department5
CDHS, either in a hospital or in a full-time, jail-based restoration program6
developed by the department CDHS.7
(15) (18) "Mental disability" means a substantial disorder of8
thought, mood, perception, or cognitive ability that results in marked9
functional disability, significantly interfering with adaptive behavior.10
"Mental disability" does not include acute intoxication from alcohol or11
other substances, or any condition manifested only by antisocial behavior,12
or any substance abuse impairment resulting from recent use or13
withdrawal. However, substance abuse that results in a long-term,14
substantial disorder of thought, mood, or cognitive ability may constitute15
a mental disability.16
(19) "O FFICE OF CIVIL AND FORENSIC MENTAL HEALTH " OR17
"OCFMH" MEANS THE OFFICE OF CIVIL AND FORENSIC MENTAL HEALTH IN18
THE DEPARTMENT OF HUMAN SERVICES.19
(16) (20) "Outpatient" means a location outside of the custody of20
the department CDHS. "Outpatient" does not include a jail, prison, or21
other detention facility where the defendant is in-custody.22
(21) "RESTORABLE" MEANS THERE IS A SUBSTANTIAL PROBABILITY23
THAT A DEFENDANT , WITH RESTORATION SERVICES , WILL ATTAIN24
COMPETENCY IN THE REASONABLY FORESEEABLE FUTURE.25
(22) "RESTORABILITY" MEANS THE LEGAL QUESTION OF WHETHER26
A DEFENDANT IS RESTORABLE OR UNRESTORABLE.27
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(23) "RESTORABILITY HEARING" MEANS A HEARING TO DETERMINE1
WHETHER A DEFENDANT WHO IS INCOMPETENT TO PROCEED IS2
RESTORABLE OR UNRESTORABLE.3
(17) (24) "Restoration hearing" means a hearing to determine4
whether a defendant who has previously been determined to be5
incompetent to proceed has become competent to proceed.6
(18) (25) "Second evaluation" means an A COMPETENCY7
evaluation requested by the court, the district attorney, or the defendant8
that is performed by a competency evaluator and that is not performed by9
or under the direction of, or paid for by, the department CDHS.10
(19) (26) "Tier 1" means a defendant:11
(a) Who has been ordered to receive inpatient restorative12
treatment;13
(b) For whom a competency evaluator has determined either that14
the defendant:15
(I) Appears to have a mental health disorder and, as a result of the16
mental health disorder, appears to be a danger to THE DEFENDANT'S SELF,17
A DANGER TO others, or to himself or herself or appears to be gravely18
disabled; or19
(II) Has a mental health disorder; and20
(c) For whom, as a result of the determination made pursuant to21
subsection (19)(b) SUBSECTION (26)(b) of this section, delaying inpatient22
hospitalization beyond seven days would cause harm to the defendant or23
others.24
(20) (27) "Tier 2" means a defendant who has been ordered to25
receive inpatient restorative treatment and who does not meet the criteria26
to be a tier 1 defendant.27
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(28) "U NRESTORABLE" MEANS THERE IS NOT A SUBSTANTIAL1
PROBABILITY THAT A DEFENDANT , WITH RESTORATION SERVICES , WILL2
ATTAIN COMPETENCY IN THE REASONABLY FORESEEABLE FUTURE.3
(29) "VOLITIONAL LACK OF COOPERATION OR UNWILLINGNESS TO4
PARTICIPATE" MEANS THE DEFENDANT HAS NOT ATTENDED RESTORATION5
SERVICES OR THE DEFENDANT REFUSES TO TAKE PRESCRIBED6
MEDICATIONS, ESPECIALLY WHEN THE DEFENDANT INTENDS TO AVOID OR7
DELAY THE COURT CASE FROM PROCEEDING . "VOLITIONAL LACK OF8
COOPERATION OR UNWILLINGNESS TO PARTICIPATE " DOES NOT INCLUDE9
ACTS THAT PRIMARILY RESULT FROM THE BONA FIDE MEDICAL OR MENTAL10
HEALTH DISORDER FOR WHICH THE DEFENDANT IS INCOMPETENT OR A11
DEFENDANT'S ATTEMPT TO RAISE A BONA FIDE GOOD FAITH CONCERN12
ABOUT MEDICATION SIDE EFFECTS AND RISKS.13
16-8.5-102. Competency to proceed - how and when raised.14
(1) While a defendant is incompetent to proceed, the defendant15
must not be tried or sentenced, nor shall the court consider or decide16
pretrial matters that are not susceptible of fair determination without the17
personal participation of the defendant. However, a determination that a18
defendant is incompetent to proceed does not preclude the furtherance of19
the ADDITIONAL proceedings by the court to consider and decide matters,20
including a preliminary hearing and motions, that are susceptible of fair21
determination prior to trial and without the personal participation of the22
defendant. Those proceedings may be later reopened if, in the discretion23
of the court, substantial new evidence is discovered after and as a result24
of the defendant's restoration to competency.25
(2) The question of a defendant's competency to proceed must be26
raised in only one of the following manners:27
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(a) If the judge has reason to believe that the defendant is1
incompetent to proceed, the judge shall suspend the proceeding and2
determine the competency or incompetency of the defendant pursuant to3
section 16-8.5-103;4
(b) If either the defense or the prosecution has reason to believe5
that the defendant is incompetent to proceed, either party may file a6
motion in advance of the commencement of the particular proceeding. A7
motion to determine competency shall MUST be in writing and contain a8
certificate of counsel stating that the motion is based on a good faith9
doubt that the defendant is competent to proceed. The motion must set10
forth the specific facts that have formed the basis for the motion. The11
court must SHALL seal the motion. If the motion is made by the12
prosecution, the prosecution shall provide the defense a copy of the13
motion. If the motion is made by the defense, the defense shall provide14
the prosecution notice of the filing of the motion at the time of filing, and15
if the defense requests a hearing, the defense shall provide the motion to16
the prosecution at the time the hearing is requested. The motion may be17
filed after the commencement of the proceeding if, for good cause shown,18
the defendant's mental disability or developmental disability was not19
known or apparent before the commencement of the proceeding.20
(c) Repealed.21
(d) (c) By the public defender liaison, as described in section22
21-1-104 (6), or an attorney representing the offender in a parole23
proceeding.24
(3) [Formerly 16-8.5-109 (1)] When a determination is to be made25
as to a defendant's competency THE ISSUE OF WHETHER A DEFENDANT IS26
INCOMPETENT to proceed IS RAISED , the court shall explain to the27
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defendant the nature and consequences of the proceeding and the1
DEFENDANT'S rights of the defendant under PURSUANT TO this section.2
The defendant, If the defendant wishes to contest the question, THE3
DEFENDANT may request a competency hearing that the court shall grant4
as a matter of right.5
(3) (4) Notwithstanding any provision of this article 8.5 to the6
contrary, the question of whether a convicted person is mentally7
incompetent to be executed must be raised and determined pursuant to8
part 14 of article 1.3 of title 18.9
(4) (5) If a defendant is eligible for referral to the bridges10
wraparound care program pursuant article 8.6 of this title 16, the court11
may ask the parties whether the defendant should be referred for12
participation in the program. With the agreement of the parties, the court13
may delay making determinations regarding the defendant's competency14
to allow a bridges wraparound care coordinator to conduct an initial15
intake of the defendant pursuant to section 16-8.6-108 to determine16
whether the bridges wraparound care program is appropriate for the17
defendant.18
16-8.5-103. Determination of competency to proceed.19
(1) (a) Whenever the question of a defendant's competency to20
proceed is raised, by either party or on the court's own motion, the court21
may make a preliminary finding of competency or incompetency to22
proceed, which is a final determination unless a party to the case objects23
within seven days after the court's preliminary finding.24
(b) On or before the date when a court orders that a defendant be25
evaluated for competency, a bridges court liaison for the district hired or26
contracted pursuant to article 95 of title 13 may be assigned to the27
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defendant.1
(2) If either party objects to the court's preliminary finding, or if2
the court determines that it has insufficient information to make a3
preliminary finding, the court shall order that the defendant be evaluated4
for competency by the department CDHS and that the department CDHS5
prepare a court-ordered report.6
(3) Within fourteen days after receipt of the court-ordered report,7
either party may request a hearing or a second evaluation.8
(4) If a party requests a second evaluation, any pending requests9
for a hearing must be continued until the receipt of the second evaluation10
report. The report of the expert conducting the second evaluation must be11
completed and filed with the court within thirty-five days after the court12
order allowing the second evaluation, unless the time period is extended13
by the court for good cause. The court shall provide the second evaluation14
to the parties and the department. The department shall use the second15
evaluation to ensure that the department complies with its responsibilities,16
including reviewing and summarizing prior competency opinions as17
required by section 16-8.5-105 (5)(f). If the second evaluation is18
requested by the court, it must be paid for by the court.19
(5) (3) If neither party requests a hearing PURSUANT TO SECTION20
16-8.5-108 or a second evaluation PURSUANT TO SECTION 16-8.5-111,21
within the applicable time frame, the court shall enter a final22
determination, based on the information then available to the court,23
whether the defendant is or is not competent to proceed.24
(6) If a party makes a timely request for a hearing, the hearing25
shall be held within thirty-five days after the request for a hearing or, if26
applicable, within thirty-five days after the filing of the second evaluation27
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report, unless the time is extended by the court after a finding of good1
cause.2
(7) At any hearing held pursuant to this section, the party asserting3
the incompetency of the defendant shall have the burden of submitting4
evidence and the burden of proof by a preponderance of the evidence.5
(8) (4) If the question of the defendant's incompetency to proceed6
is raised after a jury is impaneled to try the issues raised by a plea of not7
guilty and the court determines that the defendant is incompetent to8
proceed or orders a court-ordered competency evaluation, the court may9
declare a mistrial. Declaration of a mistrial under these circumstances10
does not constitute jeopardy, nor does it prohibit the trial or sentencing of11
the defendant for the same offense after the defendant has been found12
restored to competency.13
(9) (5) In all proceedings under BROUGHT PURSUANT TO this14
article 8.5, when competency has been raised by the parole board15
pursuant to section 16-8.5-102 (2)(d) SECTION 17-22.5-403.5 (4)(f), the16
court shall pay for any evaluation to determine competency pursuant to17
this section, and the COMPETENCY evaluation must be conducted at the18
place where the defendant is in custody.19
16-8.5-104. Defendant's waiver of privilege.20
(1) When a defendant raises the issue of competency to proceed,21
or when the court determines that the defendant is incompetent to22
proceed, any claim by the defendant to confidentiality or privilege is23
deemed waived in the case in which competency is raised and for records24
or information from any prior criminal case in which the defendant raised25
the issue of competency or in which the court determined that the26
defendant was incompetent to proceed. The district attorney, the defense27
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attorney, the bridges court liaison, and the court are granted access,1
without written consent of the defendant or further order of the court, to:2
(a) Reports of competency evaluations, including second3
evaluations;4
(b) Information and documents relating to the competency5
evaluation that are created by, obtained by, reviewed by, or relied on by6
an A COMPETENCY evaluator; performing a court-ordered evaluation; and7
(c) The COMPETENCY evaluator, for the purpose of discussing the8
competency evaluation.9
(2) Upon a request by either party or the court for the information10
described in subsection (1) of this section, the COMPETENCY evaluator or11
treatment provider shall provide the information for use in preparing for12
a COMPETENCY hearing, on competency RESTORABILITY HEARING , or13
restoration HEARING and for use during such a THE hearing.14
(3) An evaluator or a facility providing competency evaluation or15
restoration treatment services THE OFFICE OF CIVIL AND FORENSIC MENTAL16
HEALTH, A COMPETENCY EVALUATOR , OR A RESTORATION SERVICE17
PROVIDER THAT IS PERFORMING WORK pursuant to a court order issued18
pursuant to this article 8.5 shall provide procedural information to the19
court, bridges court liaison, district attorney, or defense counsel20
concerning the defendant's location, the defendant's hospital or facility21
admission status, the status of ANY COMPETENCY evaluation procedures,22
and other procedural information relevant to the case THE STATUS OF ANY23
RESTORATION TREATMENT AND SERVICES.24
(4) Nothing in This section limits DOES NOT LIMIT the court's25
ability to order that information, in addition to the information described26
in subsections (1) and (3) of this section, be provided to the COMPETENCY27
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evaluator, or to either party to the case, nor does it limit the information1
that is available after the written consent of the defendant.2
(4.5) (5) The court may, upon the request of either party, issue an3
order to assist a party in accessing, receiving copies of, or discussing with4
an A COMPETENCY evaluator or treatment provider information or records5
that the party has the right to access pursuant to the defendant's waiver of6
privilege. If a party requests such an order, the court shall allow the7
opposing party to make any legal objection, including whether the8
requested information is within the scope of the defendant's waiver of9
privilege, and SHALL consider any requests for protective orders prior to10
issuing the court order. This section does not limit the court's ability to11
order information be provided to a party with the written consent of the12
defendant.13
(5) (6) The court shall order both the prosecutor and the defendant14
or the defendant's counsel to exchange the names, addresses, reports, and15
statements of each physician or psychologist who has examined or treated16
the defendant for competency.17
(6) (7) Statements made by the defendant in the course of any18
COMPETENCY evaluation must be protected in accordance with section19
16-8.5-108 SECTION 16-8.5-107.20
16-8.5-105. Competency evaluations, locations, time frames,21
and report.22
(1) (a) (I) The court shall order that the competency evaluation be23
conducted on an outpatient basis or, if the defendant is unable to post the24
monetary condition of bond or is ineligible to be released on bond, at the25
place where the defendant is in-custody, except as provided in subsection26
(1)(b) of this section. W HEN THE COURT ORDERS A COMPETENCY27
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EVALUATION, THE COURT SHALL ALSO ORDER THE APPROPRIATE PARTY TO1
TRANSMIT THE COLLATERAL MATERIALS TO CDHS WITHIN TWENTY-FOUR2
HOURS AFTER THE ORDER FOR A COMPETENCY EVALUATION , WITH A3
CERTIFICATE OF SERVICE OF THE COLLATERAL MATERIALS PROVIDED TO4
THE COURT AND OTHER NECESSARY PARTIES.5
(II) If the department CDHS conducts the COMPETENCY6
evaluation on an in-custody basis, the department CDHS shall begin the7
COMPETENCY evaluation as soon as practicable, BUT NO LATER THAN TWO8
BUSINESS DAYS , after the department's receipt of a RECEIVING THE9
COLLATERAL MATERIALS AND court order directing the COMPETENCY10
evaluation If the evaluation is conducted on an in-custody basis, the11
department shall complete the evaluation no later than twenty-one days12
after receipt of the order and the collateral materials BE COMPLETED.13
(III) If CDHS CONDUCTS the COMPETENCY evaluation is14
conducted on an out-of-custody basis, the department CDHS shall15
complete the COMPETENCY evaluation within forty-two days after receipt16
of the order and THE collateral materials, unless the court extends the time17
upon a showing of good cause. THE COURT SHALL DETERMINE THE TYPE18
OF BOND AND THE CONDITIONS OF RELEASE AFTER CONSIDERATION OF THE19
PRESUMPTIONS AND FACTORS ENUMERATED IN ARTICLE 4 OF THIS TITLE 16,20
WHICH INCLUDE CONSIDERATION OF THE INFORMATION RECEIVED FROM21
ANY PRETRIAL SERVICES PROGRAM PURSUANT TO SECTION 16-4-106 AND22
ANY INFORMATION PROVIDED BY THE BRIDGES COURT LIAISON HIRED OR23
CONTRACTED PURSUANT TO ARTICLE 95 OF TITLE 13. AS A CONDITION OF24
ANY BOND, THE COURT SHALL REQUIRE THE DEFENDANT'S COOPERATION25
WITH THE COMPETENCY EVALUATION ON AN OUTPATIENT BASIS . IN26
SETTING THE BOND, THE COURT SHALL NOT CONSIDER THE NEED FOR THE27
SB26-149-17-
DEFENDANT TO RECEIVE AN EVALUATION PURSUANT TO THIS ARTICLE 8.51
AS A FACTOR IN DETERMINING ANY MONETARY CONDITION OF BOND.2
(II) At the time any evaluation is ordered, the court shall order that3
the collateral materials be transmitted to the department within4
twenty-four hours after the order by the appropriate party with a5
certificate of service of the materials provided to the court and other6
necessary parties by the party ordered to transmit the collateral materials.7
(III) The court shall determine the type of bond and the conditions8
of release after consideration of the presumptions and factors enumerated9
in article 4 of this title 16, which include consideration of the information10
received from any pretrial services program pursuant to section 16-4-10611
and any information provided by the bridges court liaison hired or12
contracted pursuant to article 95 of title 13. As a condition of any bond,13
the court shall require the defendant's cooperation with the competency14
evaluation on an outpatient and out-of-custody basis. In setting the bond,15
the court shall not consider the need for the defendant to receive an16
evaluation pursuant to this article 8.5 as a factor in determining any17
monetary condition of bond.18
(IV) Nothing in This subsection (1)(a) limits the availability of19
DOES NOT LIMIT A PERSON'S ABILITY TO SEEK a court-ordered evaluation20
for a person with a mental health disorder or invokes TO INITIATE the21
procedure for an emergency mental health hold set forth in PURSUANT TO22
section 27-65-106.23
(b) (I) Notwithstanding the provisions of subsection (1)(a) of this24
section, the court may order the defendant placed in the department's25
CDHS'S custody for the time necessary to conduct the AN inpatient26
competency evaluation if:27
SB26-149-18-
(I) (A) The department CDHS provides a recommendation to the1
court, after consultation CONSULTING with the defendant and review of2
REVIEWING any clinical or collateral materials, that conducting the3
competency evaluation on an inpatient basis is clinically appropriate;4
(II) (B) The court finds that the competency evaluation and report5
provided by the department CDHS is insufficient because it does not meet6
statutory requirements pursuant to subsection (5) of this section or that7
two or more conflicting competency evaluations and reports have been8
completed; or9
(III) (C) Extraordinary circumstances relating to the case or the10
defendant make conducting the competency evaluation on an inpatient11
basis necessary and appropriate.12
(IV) and (V) (Deleted by amendment, L. 2019.)13
(b.3) (II) Upon entry of a court order pursuant to subsection (1)(b)14
SUBSECTION (1)(b)(I) of this section, the department CDHS has the same15
authority with respect to custody as provided for in section 16-8-105.516
(4).17
(b.5) (III) When the court orders an inpatient COMPETENCY18
evaluation, the court shall advise the defendant that restoration services19
may commence immediately if the COMPETENCY evaluation concludes20
OPINES that the defendant is incompetent to proceed, unless either party21
objects at the time of the advisement, or within seventy-two hours after22
the receipt of the written REPORT OF THE COMPETENCY evaluation23
submitted to the court. The court shall record any objection to the order24
of commitment to the department CDHS.25
(b.6) If the evaluator concludes that the defendant is incompetent26
to proceed and that inpatient restoration services are not clinically27
SB26-149-19-
appropriate, the department shall detail the outpatient and out-of-custody1
restoration services available to the defendant.2
(b.7) (IV) When the court orders an inpatient COMPETENCY3
evaluation, the defendant must be offered admission to the hospital or4
other inpatient program within fourteen days after receipt of the court5
order and collateral materials. The court shall review the case in6
twenty-one days to determine if transportation to the hospital or program7
has been completed or if further orders are necessary.8
(c) (Deleted by amendment, L. 2019.)9
(c) [Formerly 16-8.5-105 (1)(b.6)] If the COMPETENCY evaluator10
concludes OPINES that the defendant is incompetent to proceed and that11
inpatient restoration services are not clinically appropriate, the department12
CDHS shall detail the outpatient and out-of-custody restoration services13
available to the defendant.14
(d) (I) If a defendant is in the department's CDHS'S custody for15
purposes of the competency evaluation ordered pursuant to this article 8.516
and the defendant has completed the competency evaluation and the17
COMPETENCY evaluator has concluded OPINED that:18
(A) The defendant is competent to proceed, the department CDHS19
may return the defendant to a county jail or to the community, as20
determined by the defendant's bond status; If the evaluator has concluded21
that22
(B) The defendant is incompetent to proceed and that inpatient23
restoration services are not clinically appropriate, and outpatient24
restoration services are available to the defendant in the community, the25
department CDHS shall notify the court and the bridges court liaison, and26
the department CDHS shall develop a discharge plan and a plan for27
SB26-149-20-
community-based restoration services in coordination with the community1
restoration services provider. T HE DISCHARGE PLAN AND PLAN FOR2
COMMUNITY-BASED RESTORATION SERVICES MAY INCLUDE A COMPONENT3
OF MENTAL HEALTH TREATMENT AND ONGOING CLINICAL SUPPORT.4
(II) The court shall hold a hearing within seven days after5
receiving the notice PURSUANT TO SUBSECTION (1)(d)(I)(B) OF THIS6
SECTION, at which the department CDHS shall provide to the court the7
plan for community-based restoration services, and the court may enter8
any appropriate orders regarding the custody of the defendant and the9
defendant's bond status. The department THE COURT MAY INCLUDE IN THE10
ORDER A REQUIREMENT FOR THE DEFENDANT TO PARTICIPATE IN MENTAL11
HEALTH TREATMENT AS PART OF THE COMMUNITY -BASED RESTORATION12
SERVICES. CDHS shall advise the defendant of the date and time of the13
court hearing. If the department CDHS is returning the defendant to a14
county jail, the county sheriff in the jurisdiction where the defendant must15
return shall take custody of the defendant within seventy-two hours after16
receiving notification from the department CDHS that the defendant's17
COMPETENCY evaluation is completed. At the time the department CDHS18
notifies the sheriff, the department CDHS shall also notify the court and19
the bridges court liaison that the department CDHS is returning the20
defendant to the custody of the jail.21
(e) Nothing in This section restricts DOES NOT RESTRICT the right22
of the defendant to procure a competency evaluation as provided in23
section 16-8.5-106 AT THE DEFENDANT'S REQUEST PURSUANT TO SECTION24
16-8.5-111 (1).25
(2) The defendant shall MUST cooperate with the competency26
evaluator and with other personnel providing ancillary services such as27
SB26-149-21-
testing and radiological services. Statements made by the defendant in the1
course of the COMPETENCY evaluation shall be ARE protected as provided2
in section 16-8.5-108 SECTION 16-8.5-107. If the defendant does not3
cooperate with the competency evaluator and other personnel providing4
ancillary services and the lack of cooperation is not the result of a5
developmental disability or a mental disability, the fact of the defendant's6
noncooperation with the competency evaluator and other personnel7
providing ancillary services may be admissible in the defendant's8
competency or restoration hearing to rebut any evidence introduced by the9
defendant with regard to the defendant's competency.10
(3) To aid in forming an opinion as to the competency of the11
defendant DEFENDANT'S COMPETENCY, it is permissible in the course of12
an A COMPETENCY evaluation under PURSUANT TO this section to use THE13
DEFENDANT'S confessions and admissions of the defendant and any other14
evidence of the circumstances surrounding the commission of the offense,15
as well as the DEFENDANT'S medical and social history, of the defendant16
in questioning the defendant. When the defendant is noncooperative with17
the competency evaluator or personnel providing ancillary services, THE18
COMPETENCY EVALUATOR MAY RENDER an opinion of the DEFENDANT'S19
competency of the defendant may be rendered by the competency20
evaluator based upon confessions, admissions, and any other evidence of21
the circumstances surrounding the commission of the offense, as well as22
the DEFENDANT'S known medical and social history, of the defendant, and23
the opinion may be admissible into evidence at the defendant's24
competency or restoration hearing.25
(4) THE COMPETENCY EVALUATOR SHALL PREPARE a written report26
of the COMPETENCY evaluation, must be prepared and the department27
SB26-149-22-
CDHS shall electronically deliver the report to the court clerk who1
ordered it. The clerk shall provide a copy of the report to the prosecuting2
attorney, the bridges court liaison, and the defense counsel using an3
e-filing system. Without reducing any other timelines set forth in this4
article 8.5, the competency evaluator shall provide the written report to5
the court within fourteen days after finishing meeting, or attempting to6
meet, with the defendant to evaluate the defendant's competency.7
(5) The competency evaluation and report must include, but need8
not be ARE NOT limited to:9
(a) The name of each physician, psychologist, or other expert who10
examined the defendant;11
(b) A description of the nature, content, extent, and results of the12
competency evaluation and any tests conducted, which must include, but13
need not be IS NOT limited to, the information reviewed and relied upon14
in conducting the competency evaluation and specific tests conducted by15
the competency evaluator;16
(c) A diagnosis and prognosis of the defendant's mental disability17
or developmental disability;18
(d) (c) An THE COMPETENCY EVALUATOR'S opinion as to whether19
the defendant currently suffers from a mental disability or developmental20
disability, OR BOTH. If the opinion of the competency evaluator is that the21
defendant suffers from a mental disability or developmental disability,22
then the report must include an opinion as to the diagnosis and the23
prognosis of the defendant's mental disability or developmental disability.24
(e) (d) An THE COMPETENCY EVALUATOR'S opinion as to whether25
the defendant is competent to proceed or incompetent to proceed. If the26
opinion of the competency evaluator is that the defendant is incompetent27
SB26-149-23-
to proceed, then the report must include:1
(I) (A) An THE COMPETENCY EVALUATOR'S opinion as to whether2
there is a substantial probability that the defendant, with restoration3
services, will attain competency within the reasonably foreseeable future;4
and THE DEFENDANT IS RESTORABLE OR UNRESTORABLE . AS PART OF5
FORMING THE OPINION , THE COMPETENCY EVALUATOR SHALL USE DUE6
DILIGENCE IN REVIEWING AND SUMMARIZING ANY PRIOR COMPETENCY7
OPINIONS REGARDING THE DEFENDANT . IF THE OPINION REGARDING8
RESTORABILITY DIFFERS FROM OPINIONS IN PAST EVALUATIONS OF THE9
DEFENDANT, THE COMPETENCY EVALUATOR SHALL EXPLAIN THE BASIS10
FOR THE COMPETENCY EVALUATOR'S DIFFERING OPINIONS.11
(B) A N OPINION AS TO WHETHER THE DEFENDANT POSES A12
SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS, AS DEFINED IN SECTION13
27-65-102, IF THE OPINION IS THAT THE DEFENDANT IS UNRESTORABLE14
AND THE DEFENDANT IS EITHER CHARGED WITH HOMICIDE PURSUANT TO15
PART 1 OF ARTICLE 3 OF TITLE 18; A CRIME OF VIOLENCE SUBJECT TO THE16
"VICTIM RIGHTS ACT", SECTION 18-1.3-406; OR A FELONY THAT17
CONSTITUTES UNLAWFUL SEXUAL BEHAVIOR , AS DEFINED IN SECTION18
16-22-102; OR THE DISTRICT ATTORNEY PROVIDED NOTICE THAT THE19
DISTRICT ATTORNEY IS AWARE OF AN UNCHARGED ACT COMMITTED BY20
THE DEFENDANT THAT QUALIFIES AS AN ACT PURSUANT TO SECTION21
16-8.5-118 (5)(b).22
(B) (C) If possible, when the defendant is diagnosed with a23
moderate to severe intellectual or AND developmental disability, acquired24
or traumatic brain injury, or dementia, which either alone or together with25
a co-occurring mental illness DISABILITY affects the defendant's ability to26
gain or maintain competency, the evaluator shall provide an opinion as to27
SB26-149-24-
whether there is a substantial probability that the defendant with1
restoration services will attain competency within the reasonably2
foreseeable future. When the opinion is that there is a substantial3
probability of attaining competency THE DEFENDANT IS RESTORABLE, the4
COMPETENCY evaluator shall specifically state whether the COMPETENCY5
evaluator believes there are unique or different services outside the6
standard competency restoration curriculum developed by the department7
CDHS that the defendant may need in order to be restored to competency8
within the reasonably foreseeable future.9
(II) An IF THE COMPETENCY EVALUATOR'S OPINION PURSUANT TO10
SUBSECTION (5)(d)(I)(A) OF THIS SECTION IS THAT THE DEFENDANT IS11
RESTORABLE, AN opinion as to whether inpatient restoration services are12
clinically appropriate to restore the defendant to competency.13
(f) An opinion as to whether there is a substantial probability that14
the defendant, with restoration services, will attain competency within the15
reasonably foreseeable future. As part of forming their opinion, the16
competency evaluator shall use due diligence in the review and summary17
of any prior competency opinions regarding the defendant. If the18
competency evaluator's opinion regarding restorability differs from19
opinions in past evaluations of the defendant, the competency evaluator20
shall explain the basis for their different opinion.21
(g) (e) The competency evaluator's opinion as to whether the22
defendant meets the criteria for a tier I TIER 1 or tier II TIER 2 designation;23
as defined in section 16-8.5-101 (19) and (20); and24
(h) (f) The competency evaluator's opinion and the information25
and factors considered in making determinations as to whether the26
defendant:27
SB26-149-25-
(I) Meets the criteria for an emergency mental health hold1
pursuant to section 27-65-106;2
(II) Meets the criteria for a certification for short-term treatment3
pursuant to section 27-65-108.5 or 27-65-109 and, if the defendant meets4
such THE criteria, whether the COMPETENCY evaluator believes the5
defendant could be treated on an outpatient basis pursuant to section6
27-65-111. IF THE DEFENDANT IS INCARCERATED OR IS INPATIENT IN A7
MEDICAL FACILITY AND HAS A PENDING CRIMINAL CHARGE, in assessing8
whether the defendant with a pending criminal charge is a danger to self9
or THE DEFENDANT'S SELF, A DANGER TO others, or is gravely disabled, if10
the person is incarcerated AS THOSE TERMS ARE DEFINED IN SECTION11
27-65-102, the COURT, competency evaluator, or professional person, as12
defined in section 27-65-102, and the court shall not rely on the fact that13
the defendant is incarcerated or is an inpatient in a medical facility to14
establish that the defendant is not a danger to self, or to others, or is not15
OR gravely disabled. If it is the COMPETENCY evaluator's opinion that the16
defendant meets criteria for certification for short-term treatment pursuant17
to section 27-65-108.5 or 27-65-109, the COMPETENCY evaluator is not18
required to request a petition for certification for short-term treatment of19
the defendant. in a court with jurisdiction pursuant to section 16-8.5-11120
(3).21
(III) Has an intellectual and developmental disability, as defined22
in section 25.5-10-202, and if the defendant does have such a AN23
INTELLECTUAL AND DEVELOPMENTAL disability:24
(A) Whether the defendant ALSO HAS A MENTAL HEALTH25
DISORDER AND , IF THE DEFENDANT DOES HAVE A CO -OCCURRING26
INTELLECTUAL AND DEVELOPMENTAL DISABILITY AND A MENTAL HEALTH27
SB26-149-26-
DISORDER, THE PRIMARY DIAGNOSIS, IF DETERMINABLE; AND1
(B) WHETHER THE DEFENDANT may be eligible for any additional2
services pursuant to article 10 of title 25.5 or article 10.5 of title 27, OR3
MEETS THE CRITERIA FOR A CIVIL PROCEEDING OR IMPOSITION OF A LEGAL4
DISABILITY OR REMOVAL OF A LEGAL RIGHT PURSUANT TO SECTION5
25.5-10-216; OR6
(IV) HAS A NEUROCOGNITIVE DISORDER, AS DEFINED IN SECTION7
25.5-10-501, AND IF THE DEFENDANT DOES HAVE A NEUROCOGNITIVE8
DISORDER, WHETHER THE DEFENDANT ALSO HAS A MENTAL HEALTH9
DISORDER, AND WHETHER THE DEFENDANT MEETS THE CRITERIA FOR10
PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-502. IF THE11
COMPETENCY EVALUATOR'S OPINION IS THAT THE DEFENDANT MEETS THE12
CRITERIA FOR PROTECTIVE PLACEMENT, THE COMPETENCY EVALUATOR IS13
NOT REQUIRED TO PETITION THE COURT FOR PROTECTIVE PLACEMENT.14
(g) WHEN THE COMPETENCY EVALUATOR HAS REASON TO BELIEVE15
THE DEFENDANT HAS A NEUROCOGNITIVE DISORDER OR AN INTELLECTUAL16
AND DEVELOPMENTAL DISABILITY THAT MAY QUALIFY AS A MENTAL17
HEALTH DISORDER:18
(I) T HE COMPETENCY EVALUATOR 'S OPINION AS TO WHETHER19
DIAGNOSTIC TESTING EXISTS BE YOND WHAT THE COMPETENCY20
EVALUATOR CAN PERFORM , SUCH AS NEUROPSYCHOLOGICAL TESTING ,21
IMAGING OF THE BRAIN , OR OTHER SPECIALIZED TESTING , THAT COULD22
ASSIST THE COMPETENCY EVALUATOR IN PROVIDING AN OPINION AS TO23
WHETHER THE DEFENDANT IS INCOMPETENT TO PROCEED OR RESTORABLE;24
AND25
(II) T HE COMPETENCY EVALUATOR 'S OPINION AS TO THE26
DEFENDANT'S PRIMARY DIAGNOSIS AND PROGNOSIS.27
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(6) Whenever a competency evaluation is ordered upon the1
request of either party, the court may SHALL notify the county attorney or2
district attorney required to conduct proceedings pursuant to section3
27-65-113 (6) SECTION 27-65-113.5 for the county in which the charges4
are pending, and the bridges court liaison hired or contracted pursuant to5
article 95 of title 13, of all court dates for return of the COMPETENCY6
EVALUATION report. on competency to ensure that all parties are on notice7
of the expected need for coordinated services and planning with8
consideration of possible civil certification.9
(7) Each court shall allow for any competency evaluation10
conducted pursuant to the provisions of this section or section 16-8.5-10611
THIS ARTICLE 8.5 to be submitted to the court through electronic means.12
(8) A competency evaluator is not liable for damages in any civil13
action for failure to warn or protect a specific person or persons,14
including those identifiable by their association with a specific location15
or entity, against the violent behavior of a defendant being evaluated by16
the competency evaluator, and any THE competency evaluator must not17
be held civilly liable for failure to predict such violent behavior, except18
where WHEN the defendant has communicated to the competency19
evaluator a serious threat of imminent physical violence against a specific20
person or persons, including those identifiable by their association with21
a specific location or entity.22
(9) W HEN THE COMPETENCY EVALUATOR OPINES THAT THE23
DEFENDANT MEETS THE CRITERIA FOR A CIVIL PROCEEDING , THE24
COMPETENCY EVALUATOR SHALL COOPERATE WITH THE PARTIES IN A CIVIL25
PROCEEDING THAT IS FILED.26
16-8.5-106. [Formerly 16-8.5-112] Petition for involuntary27
SB26-149-28-
administration of medication - venue for collateral hearing.1
(1) If a defendant committed to the custody of the department2
CDHS for A COMPETENCY evaluation, or for restoration treatment, meets3
the constitutional requirements for the administration of involuntary4
medication, the defendant's treating physician may petition the court for5
an order requiring that the defendant accept the treatment or,6
alternatively, that the medication be forcibly administered to the7
defendant. The department CDHS shall, prior to the hearing on the8
petition, deliver a copy of the petition to the court that committed the9
defendant to the custody of the department CDHS, the prosecuting10
attorney, and the defendant's legal representation in the criminal case, if11
such LEGAL representation exists, and to the defendant directly if the12
defendant does not have legal representation. A physician shall assess and13
document the defendant's mental status prior to the administration of14
medication.15
(2) A petition for involuntary treatment must be heard in The16
court of the jurisdiction where the defendant is located The department17
SHALL HEAR A PETITION FOR INVOLUNTARY TREATMENT . CDHS shall18
promptly deliver a copy of the order granting or denying the petition to19
the court that committed the defendant to the custody of the department20
CDHS, the prosecuting attorney, and the defendant's legal representation21
in the criminal case, if such LEGAL representation exists, and to the22
defendant directly if the defendant does not have legal representation.23
(3) If the committing court elects to transfer venue for medication24
hearings to the court of the jurisdiction where the defendant is located IF25
A HEARING FOR ADMINISTRATION OF INVOLUNTARY MEDICATION IS HEARD26
IN A DIFFERENT COUNTY T HAN THE C OUNTY WHERE THE COMMITTING27
SB26-149-29-
COURT IS LOCATED , the committing county shall reimburse the county1
where the proceeding is heard for the reasonable costs incurred in2
conducting the proceeding. Alternatively, the district attorney OR COUNTY3
ATTORNEY for the committing county or in any county or any city and4
county having a population exceeding fifty thousand people, the county5
attorney for the committing county, may prosecute the proceeding as the6
proponent of the physician's petition.7
(4) If a defendant committed to the custody of the department8
CDHS for evaluation or for restoration treatment is ordered by a court to9
accept treatment as set forth in subsection (1) of this section and is10
subsequently returned to jail for pending court proceedings, the county11
jail may require the defendant to continue to receive the same12
court-ordered treatment that was administered by the department CDHS13
before the defendant was discharged from inpatient care, or, alternatively,14
appropriate medical personnel provided by the jail may forcibly15
administer such THE court-ordered medication to the defendant.16
16-8.5-107. [Formerly 16-8.5-108 (1)] Use of defendant's17
statements.18
(1) (a) Except as otherwise provided in this subsection (1)19
SECTION, evidence acquired directly or indirectly for the first time from20
a communication derived from the defendant's mental processes during21
the course of a competency evaluation or involuntary medication22
proceeding is not admissible against the defendant on the issues raised by23
a plea of not guilty, or, if the offense occurred before July 1, 1995, a plea24
of not guilty by reason of impaired mental condition. Such THE evidence25
may be admissible at trial to rebut evidence introduced by the defendant26
of the defendant's mental condition to show incapacity of the defendant27
SB26-149-30-
THE DEFENDANT'S INCAPACITY to form a culpable mental state; and, in1
such THAT case, the evidence may only be considered by the trier of fact2
as bearing upon the question of capacity to form a culpable mental state,3
and the jury shall be so instructed at the request of either party. 4
(b) (2) Evidence acquired directly or indirectly for the first time5
from a communication derived from the defendant's mental processes6
during the course of a competency evaluation or involuntary medication7
proceeding is admissible at any sentencing hearing held pursuant to8
section 18-1.3-1201 for an offense charged prior to July 1, 2 020, or9
pursuant to section 18-1.3-1302 for an offense charged prior to July 1,10
2020, or pursuant to section 18-1.4-102 only to prove the existence or11
absence of any mitigating factor.12
(c) (3) If the defendant testifies on the defendant's own behalf13
upon the trial of the issues raised by the plea of not guilty or, for offenses14
that occurred before July 1, 1995, a plea of not guilty by reason of15
impaired mental condition, or at a sentencing hearing held pursuant to16
section 18-1.3-1201 for an offense charged prior to July 1, 2020, or17
pursuant to section 18-1.3-1302 for an offense charged prior to July 1,18
2020, or pursuant to section 18-1.4-102, this section does not bar any19
evidence used to impeach or rebut the defendant's testimony.20
16-8.5-108. General hearing procedures and evidence.21
(1) (a) A PARTY MUST REQUEST A COMPETENCY HEARING ,22
RESTORABILITY HEARING, OR RESTORATION HEARING WITHIN FOURTEEN23
DAYS AFTER RECEIVING THE INITIAL COURT -ORDERED COMPETENCY24
EVALUATION REPORT ; EXCEPT THAT , IF A PARTY REQUESTS A SECOND25
EVALUATION PURSUANT TO SECTION 16-8.5-111, A PARTY MUST REQUEST26
THE COMPETENCY HEARING, RESTORABILITY HEARING, OR RESTORATION27
SB26-149-31-
HEARING WITHIN FOURTEEN DAYS AFTER RECEIVING THE SECOND1
EVALUATION REPORT.2
(b) (I) A REQUEST FOR A COMPETENCY HEARING IS GOVERNED BY3
SECTION 16-8.5-109.4
(II) A REQUEST FOR A RESTORABILITY HEARING IS GOVERNED BY5
SECTION 16-8.5-113.6
(III) A REQUEST FOR A RESTORATION HEARING IS GOVERNED BY7
SECTION 16-8.5-114.8
(IV) A REQUEST FOR A COMBINED RESTORABILITY AND9
RESTORATION HEARING IS GOVERNED BY SECTIONS 16-8.5-113 AND10
16-8.5-114.11
(c) T HE COURT SHALL GIVE THE NONMOVING PARTY AN12
OPPORTUNITY TO OBJECT AND SHALL GRANT OR DENY THE REQUEST FOR13
A COMPETENCY HEARING , RESTORABILITY HEARING , OR RESTORATION14
HEARING IN ACCORDANCE WITH THE APPLICABLE GOVERNING STATUTES15
WITHIN FOURTEEN DAYS AFTER THE REQUEST.16
(d) T HE COMPETENCY HEARING , RESTORABILITY HEARING , OR17
RESTORATION HEARING MUST BE HELD WITHIN THIRTY-FIVE DAYS AFTER18
THE COURT 'S ORDER GRANTING THE REQUEST , UNLESS THE TIME IS19
EXTENDED BY THE COURT AFTER A FINDING OF GOOD CAUSE.20
(2) (a) [Formerly 16-8.5-110] In any AT A COMPETENCY hearing,21
at which the competency of the defendant is an issue RESTORABILITY22
HEARING, OR RESTORATION HEARING , witnesses not specially trained in23
psychiatry or psychology and not testifying as expert witnesses may24
testify as to the witness's THEIR observation of the defendant's actions and25
conduct and as to conversations that the witness THEY had with the26
defendant bearing upon the defendant's mental condition. Any such27
SB26-149-32-
witnesses, as part of the witness's THEIR testimony, must be permitted to1
give opinions or conclusions concerning the competency of the defendant. 2
(b) [Formerly 16-8.5-109 (3)] The court may examine or3
cross-examine any witness WITNESSES called by the defendant or4
prosecuting attorney at a competency hearing and may summon and5
examine witnesses on the court's own motion.6
(3) [Formerly 16-8.5-109 (2)] At a competency hearing,7
RESTORABILITY HEARING, OR RESTORATION HEARING, the defendant and8
the prosecuting attorney are entitled:9
(a) To be present in person;10
(b) To examine any reports of the competency evaluation or other11
matter to be considered by the court as bearing upon the determination;12
(c) To introduce evidence, summon witnesses, cross-examine13
opposing witnesses or witnesses called by the court; and14
(d) To make opening and closing statements and arguments.15
(4) [Formerly 16-8.5-108 (2)] In any AT A COMPETENCY hearing,16
concerning competency to proceed or restoration to competency17
RESTORABILITY HEARING , OR RESTORATION HEARING , competency18
evaluators and other experts may testify as to the conclusions reached19
from their examination of hospital records, laboratory reports, X rays,20
electroencephalograms, and psychological test results if the material that21
the COMPETENCY evaluators or experts examined in reaching their22
conclusions is produced at the time of the hearing. Nothing in This23
section prevents DOES NOT PREVENT the parties from obtaining the24
information authorized by PURSUANT TO section 16-8.5-104 prior to the25
hearing.26
(5) [Formerly 16-8.5-114 (3)] Evidence of any determination as27
SB26-149-33-
to the defendant's competency, or incompetency RESTORABILITY, OR1
RESTORATION is not admissible on the issues raised by a plea of not2
guilty, not guilty by reason of insanity, or, for offenses that occurred3
before July 1, 1995, the affirmative defense of impaired mental condition.4
16-8.5-109. Competency hearing - procedure after5
determination of competency or incompetency - mandatory dismissal6
- refile of charges.7
(1) Competency hearing.8
(a) I F A PARTY MAKES A TIMELY REQUEST FOR A COMPETENCY9
HEARING PURSUANT TO SECTION 16-8.5-108, THE COURT SHALL GRANT10
THE REQUEST FOR A COMPETENCY HEARING.11
(b) [Formerly 16-8.5-103 (7)] At any A COMPETENCY hearing,12
held pursuant to this section, the party asserting the incompetency of the13
defendant shall have HAS the burden of submitting evidence and the14
burden of proof by a preponderance of the evidence.15
(2) [Formerly 16-8.5-111 (1)] Competent to proceed. If the final16
determination made pursuant to section 16-8.5-103 is that the defendant17
is competent to proceed, the judge COURT shall order that the suspended18
proceeding continue or, if a mistrial was declared, shall reset the case for19
trial at the earliest possible date.20
(3) [Formerly 16-8.5-111 (1.5)] Referral to wraparound care21
program or restoration services. If the final determination made22
pursuant to section 16-8.5-103 is that the defendant is incompetent to23
proceed and the defendant is eligible for referral to the bridges24
wraparound care program pursuant to article 8.6 of this title 16, the court25
may ask the parties whether the defendant should be referred for26
participation in the program. With the agreement of the parties, the court27
SB26-149-34-
may delay ordering restoration services for the defendant to allow a1
bridges wraparound care coordinator to conduct an initial intake of the2
defendant pursuant to section 16-8.6-108 to determine whether the3
bridges wraparound care program is appropriate for the defendant, or,4
EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION, the court may5
order restoration services pursuant to subsection (2) of this section6
SECTION 16-8.5-110.7
(4) [Formerly 16-8.5-111 (1.6)] Mandatory dismissal of certain8
charges after finding of incompetency.9
(a) T HE COURT SHALL DISMISS THE CHARGES AGAINST THE10
DEFENDANT IN ACCORDANCE WITH SECTION 16-8.5-116 if the final11
determination made pursuant to section 16-8.5-103 is that the defendant12
is incompetent to proceed and if a defendant's highest charged offense is13
a class 2 misdemeanor; a petty offense; a drug misdemeanor; or a traffic14
offense, the court shall dismiss the charges against the defendant unless15
the district attorney objects prior to the entry of the order to dismiss and16
makes a prima facie showing that the defendant is a danger to the17
defendant's self or others or is gravely disabled and there is a reasonable18
belief that the defendant will be certified for treatment and receive the19
necessary services pursuant to article 65 of title 27 INFRACTION; A20
MISDEMEANOR TRAFFIC OFFENSE ; AN OFFENSE THAT CONSTITUTES AN21
UNCLASSIFIED MISDEMEANOR WITHOUT SPECIFICATION PURSUANT TO22
SECTION 18-1.3-504; OR AN OFFENSE THAT CONSTITUTES A DENOMINATED23
MISDEMEANOR AND NO PENALTY IS FIXED IN STATUTE PURSUANT TO24
SECTION 18-1.3-505, BUT NOT A MISDEMEANOR PURSUANT TO PART 13 OF25
ARTICLE 4 OF TITLE 42 OR ANY OFFENSE CHARGED PURSUANT TO SECTION26
42-4-1402 (2)(c).27
SB26-149-35-
(b) If the district attorney makes the prima facie showing pursuant1
to subsection (1.6)(a) of this section, the court shall proceed pursuant to2
subsection (3) of this section or section 16-8.5-116.5 (7) and, upon3
completion of the certification process, the court shall dismiss the charges4
against the defendant.5
(c) If the court does not refer the defendant for certification6
pursuant to subsection (3) of this section or section 16-8.5-116.5 (7), the7
court may refer the defendant to voluntarily participate and receive8
services in the court liaison program pursuant to article 95 of title 13.9
16-8.5-110. Restoration services - inpatient and outpatient.10
(1) [Formerly 16-8.5-111 (2)] Order for restoration services. If11
the final determination made pursuant to section 16-8.5-103 is that the12
defendant is incompetent to proceed, and UNLESS the court finds there is13
substantial probability that AFTER A RESTORABILITY HEARING HELD14
PURSUANT TO SECTION 16-8.5-113 THAT the defendant with restoration15
services, will attain competency in the reasonably foreseeable future IS16
UNRESTORABLE, the court has the following requirements and options: 17
(a) If the defendant is out of custody or will be released soon, the18
court shall order the restoration services take place on an outpatient basis,19
unless the recommendation from the department CDHS is that inpatient20
restoration services are clinically appropriate, and:21
(I) The court shall order that the defendant participate in22
restoration services as a condition of any bond;23
(II) The court may appoint a bridges court liaison HIRED OR24
CONTRACTED PURSUANT TO ARTICLE 95 OF TITLE 13 or may order that the25
defendant cooperate with pretrial services, if available, and the court may26
order pretrial services or a bridges court liaison, or both, to work with the27
SB26-149-36-
defendant, the department CDHS, and the restoration services provider1
under contract with the department CDHS to assist in securing2
appropriate support and care management services for the defendant,3
which may include housing resources; and4
(III) The court shall conduct a nonappearance review fourteen5
days after the defendant's release from custody to ensure the defendant6
has been released. If the defendant is not released by the date of the7
nonappearance review, the court shall set a hearing to determine whether8
the defendant will be released or to enter an order pursuant to subsection9
(2)(c) SUBSECTION (1)(c) of this section.10
(b) If the court determines the defendant is incompetent to11
proceed and DEFENDANT is in-custody on a CLASS 1 misdemeanor, petty12
offense, or traffic offense A MISDEMEANOR DESCRIBED IN PART 13 OF13
ARTICLE 4 OF TITLE 42, OR AN OFFENSE CHARGED PURSUANT TO SECTION14
42-4-1402 (2)(c), the court must SHALL set a hearing on bond within15
seven days after the court's final determination that the defendant is16
incompetent to proceed. At the bond hearing, there is a presumption that17
the court shall order a personal recognizance bond and enter an order for18
restoration services pursuant to subsection (2)(a) SUBSECTION (1)(a) of19
this section. In order to deny the defendant a personal recognizance bond20
and enter an order to commit the defendant for inpatient restoration21
services pursuant to subsection (2)(c) SUBSECTION (1)(c) of this section,22
the court shall MUST make findings of fact that extraordinary23
circumstances exist to overcome the presumption of release by clear and24
convincing evidence. If the court denies a personal recognizance bond,25
the court must SHALL notify the department CDHS of the specific findings26
the court made to deny the personal recognizance bond. The judicial27
SB26-149-37-
department shall develop a form for a court to use to notify the1
department CDHS of the court's findings that are required by this2
subsection (2)(b) SUBSECTION (1)(b).3
(c) If the court finds that the defendant is not eligible for release4
from custody or not able to post the monetary condition of bond, or the5
court approves a recommendation from the department CDHS that6
inpatient restoration services are clinically appropriate, the court shall7
commit the defendant to the custody of the department CDHS and order8
inpatient restoration services.9
(2) [Formerly 16-8.5-111 (7)] Outpatient restoration services.10
(a) If the defendant is out of custody and the court has ordered11
OUTPATIENT restoration services pursuant to subsection (2)(a)12
SUBSECTION (1)(a) of this section:13
(I) Pursuant to section 27-60-105, the department CDHS is the14
entity responsible for the coordination of all competency restoration15
services, including the oversight of restoration education; AND16
(II) The restoration services provider under contract with the17
department CDHS shall notify the court, the department CDHS, the18
bridges court liaison, and any other designated agency within twenty-one19
days after the court's order if restoration services have not started and20
include a description of the efforts that have been made to engage the21
defendant in services. and22
(III) If the department determines that the department is unable,23
within a reasonable time, to provide restoration services on an outpatient24
basis, the department shall notify the court within fourteen days after the25
department's determination, at which point the court shall review the case26
and determine what interim mental health services the department or a27
SB26-149-38-
community provider can provide to the defendant. If a bridges court1
liaison is appointed, the department shall report to the bridges court2
liaison every twenty-eight days concerning the availability of restoration3
services on an outpatient basis to the defendant.4
(b) If, in the process of coordinating outpatient restoration5
services for a defendant, the department CDHS determines that the6
defendant meets the standard for a certification for short-term treatment7
pursuant to section 27-65-108.5 and that initiating a petition for an8
outpatient certification is appropriate, the department CDHS may request,9
in writing, that the court refer the matter for filing of a petition for10
short-term treatment pursuant to SECTION 27-65-108.5 in a court with11
jurisdiction and authorize the department CDHS to file the petition. After12
receiving a written request, the court shall hear and consider any13
objections from the defendant prior to ruling on the request.14
(c) If the department CDHS determines that the department IT is15
unable, within a reasonable time, to provide restoration services on an16
outpatient basis, the department CDHS shall notify the court within17
fourteen days after the department's ITS determination, at which point the18
court shall review the case and determine what interim mental health19
services the department CDHS or a community provider can provide to20
the defendant. If a bridges court liaison is appointed, the department21
CDHS shall report to the bridges court liaison every twenty-eight days22
concerning the availability of restoration services on an outpatient basis23
to the defendant.24
(3) [Formerly 16-8.5-111 (8)] Inpatient restoration services.25
(a) If the court commits the defendant to the custody of the26
department CDHS and orders inpatient restoration services:27
SB26-149-39-
(I) The executive director shall designate a state facility or1
facilities where the defendant is held for care and psychiatric treatment2
and receives restoration services, and THE EXECUTIVE DIRECTOR may3
EFFECTUATE THE DEFENDANT'S transfer the defendant from one facility to4
another if, in the opinion of the EXECUTIVE director, doing so is in the5
best interest of proper care, custody, and treatment of the defendant or the6
protection of the public or the personnel of the facilities in question. The7
department CDHS shall provide restoration services at an appropriate8
inpatient program. The department CDHS shall notify the court, the9
bridges court liaison, the prosecuting attorney, and the defense attorney10
when the defendant is placed or moved to a different program.11
(II) The department CDHS shall admit tier 1 defendants for12
INPATIENT restoration services within seven days after receipt of the court13
order and collateral materials;14
(III) The department CDHS shall admit tier 2 defendants for15
INPATIENT restoration services within twenty-eight days after receipt of16
the court order and collateral materials and shall advise the court and the17
bridges court liaison, if applicable, every twenty-eight days after the18
initial twenty-eight-day period regarding the availability of an inpatient19
bed and when admission will be offered to the defendant.20
(b) If a defendant is receiving inpatient restoration services and21
the executive director concludes that:22
(I) A less-restrictive facility would be more clinically appropriate,23
the executive director, with proper notice to the court and consistent with24
the provisions of part 3 of article 4.1 of title 24, may move the defendant25
to a less-restrictive facility if, in the executive director's opinion, the26
defendant is not yet restored to competency but could be properly restored27
SB26-149-40-
to competency in a less-restrictive facility. If the defendant is not released1
from custody, the court shall order the department CDHS to provide2
inpatient services at a location determined by the department CDHS.3
(II) Outpatient restoration services would be more clinically4
appropriate, the department CDHS shall5
(A) notify the court; and request that the defendant be considered6
for release on a nonmonetary bond if the defendant is not currently7
released on bond; and8
(B) provide to the court information TO THE COURT regarding the9
appropriate outpatient restoration services, developed in conjunction with10
the bridges court liaison, when assigned, and the reasons why the11
defendant could be properly restored to competency on an outpatient12
basis.13
(c) If the defendant posts bond or the court orders outpatient14
restoration services in lieu of continued inpatient services, or if the15
department CDHS believes that the defendant is restored to competency16
and the defendant is to be released to the community rather than jail upon17
discharge, the department CDHS shall:18
(I) Assist the defendant with any necessary transportation;19
(II) Provide the necessary case and medication information for the20
defendant to the bridges court liaison and the community agency that will21
provide continued restoration, if applicable, or services;22
(III) Notify the court and the bridges court liaison that the23
defendant was released and the defendant's community bond status; and24
(IV) Coordinate with the court; pretrial services, if applicable; and25
the bridges court liaison to ensure the defendant receives written notice26
of the defendant's next court appearance and bond conditions.27
SB26-149-41-
(d) If the defendant is discharged from the department's CDHS'S1
custody after receiving inpatient restoration services and the defendant is2
to be returned to the custody of the county jail, the department CDHS3
shall:4
(I) Notify the sheriff of the jurisdiction where the defendant is to5
be returned;6
(II) Notify the court and the bridges court liaison that the7
department CDHS is returning the defendant to the custody of the county8
jail; and9
(III) Work with the sheriff, the bridges court liaison, and any10
behavioral health providers in the county jail to ensure that the county jail11
has the necessary information to prevent any decompensation by the12
defendant while the defendant is in the county jail, which must include13
medication information when clinically appropriate.14
16-8.5-111. Second evaluation.15
(1) [Formerly 16-8.5-106 (1)] If a defendant wishes to be16
examined by a competency evaluator of his or her THE DEFENDANT'S own17
choice in connection with any proceeding under this article ARTICLE 8.5,18
the court, upon timely motion, shall order that ENTER ANY ORDERS19
NECESSARY FOR the competency evaluator chosen by the defendant TO be20
given reasonable opportunity to conduct the A second evaluation. in21
accordance with sections 16-8.5-103 and 16-8.5-111.22
(2) E ITHER PARTY HAS THE RIGHT TO REQUEST A SECOND23
EVALUATION, AND THE COURT SHALL GRANT THE REQUEST. THE SECOND24
EVALUATION REPORT MUST INCLUDE THE COMPETENCY EVALUATOR 'S25
OPINION, IF APPLICABLE, REGARDING:26
(a) W HETHER THE DEFENDANT IS COMPETENT TO PROCEED OR27
SB26-149-42-
INCOMPETENT TO PROCEED;1
(b) WHETHER THE DEFENDANT IS RESTORABLE; AND2
(c) I F THE DEFENDANT IS RECEIVING RESTORATION TREATMENT3
SERVICES, WHETHER THE DEFENDANT HAS BEEN RESTORED TO4
COMPETENCY.5
(3) I F A RESTORATION HEARING IS COMBINED WITH A6
RESTORABILITY HEARING , EITHER PARTY MAY REQUEST A SECOND7
EVALUATION THAT ADDRESSES BOTH RESTORATION AND RESTORABILITY8
RATHER THAN A SECOND EVALUATION FOR EACH ISSUE.9
(4) [Formerly 16-8.5-103 (4)] If a party requests a second10
evaluation, THE COURT SHALL CONTINUE any pending requests for a11
hearing must be continued until the receipt of the second evaluation12
report. The COMPETENCY EVALUATOR SHALL COMPLETE AND FILE THE13
report of the expert conducting the second evaluation must be completed14
and filed with the court within thirty-five days after the court order15
allowing the second evaluation, unless the time period is extended by the16
court for good cause. The court shall provide the second evaluation to17
CDHS AND the parties. and the department. The department CDHS shall18
use the second evaluation to ensure that the department CDHS complies19
with its respons ibilities, in cluding reviewing and summarizing prior20
competency opinions as required by section 16-8.5-105 (5)(f) MADE21
PURSUANT TO SECTION 16-8.5-105 (5)(d)(I)(A). If the COURT REQUESTS22
THE second evaluation, is requested by the court, it must be paid for by23
the court.24
(5) [Formerly 16-8.5-107] In all proceedings brought pursuant to25
this article 8.5, the court shall appoint a competency evaluator or an26
attorney for the defendant at the state's expense upon motion of the27
SB26-149-43-
defendant with proof that the defendant is indigent and without money to1
employ a competency evaluator or attorney to which the defendant is2
entitled pursuant to this article 8.5. The court shall pay for a second3
evaluation if a second evaluation is requested by an indigent defendant.4
(6) ONCE THE COURT RECEIVES THE SECOND EVALUATION REPORT,5
EITHER PARTY HAS THE RIGHT TO REQUEST A COMPETENCY HEARING ,6
RESTORABILITY HEARING , OR RESTORATION HEARING , AS APPLICABLE ,7
PURSUANT TO SECTION 16-8.5-108 (1).8
16-8.5-112. [Formerly 16-8.5-116] Review hearing to determine9
competency - report.10
(1) Repealed/(Deleted by amendment, L. 2024).11
(2) (a) (1) (a) Within ninety-one days after the entry of the court's12
order of commitment or order to receive outpatient restoration SERVICES,13
the court shall SET A HEARING TO review the case of a defendant who has14
been determined to be incompetent to proceed with regard to the15
probability that WHETHER the defendant will be restored to competency16
within the reasonably foreseeable future IS RESTORABLE OR17
UNRESTORABLE and with regard to the justification for certification,18
confinement, or continued restoration treatment. The review HEARING19
may be held in conjunction with a RESTORABILITY HEARING HELD20
PURSUANT TO SECTION 16-8.5-113 OR A restoration hearing held pursuant21
to section 16-8.5-113 SECTION 16-8.5-114. However, if at the review22
hearing there is a request by the defendant for a restoration hearing23
pursuant to section 16-8.5-113 SECTION 16-8.5-114, the court shall set the24
restoration hearing within thirty-five days after the request pursuant to the25
provisions of section 16-8.5-113 SECTION 16-8.5-114.26
(b) At least ten days before each review HEARING, the individual27
SB26-149-44-
or entity evaluating the defendant COMPETENCY EVALUATOR shall provide1
the court with a report describing THAT INCLUDES:2
(I) An T HE COMPETENCY EVALUATOR 'S opinion regarding the3
defendant's competency;4
(II) I F THE COMPETENCY EVALUATOR OPINES THAT THE5
DEFENDANT REMAINS INCOMPETENT , whether there is a substantial6
probability that the defendant will be restored to competency within the7
reasonably foreseeable future IS RESTORABLE OR UNRESTORABLE;8
(III) I F THE COMPETENCY EVALUATOR OPINES THAT THE9
DEFENDANT IS RESTORABLE, whether there is a substantial probability that10
the defendant will be restored to competency within the time periods11
established by this section IN SECTION 16-8.5-116;12
(IV) Whether the defendant meets the criteria for an emergency13
mental health hold pursuant to section 27-65-106;14
(IV.3) Whether the defendant meets the criteria for a certification15
for short-term treatment pursuant to section 27-65-108.5 or 27-65-10916
and, if the defendant meets such criteria, whether the evaluator believes17
the defendant could be treated on an outpatient basis pursuant to section18
27-65-111. In assessing whether a defendant with a pending criminal19
charge is a danger to self or others or is gravely disabled, if the person is20
incarcerated, the evaluator shall not rely on the fact that the defendant is21
incarcerated or is an inpatient in a medical facility to establish the22
defendant is not a danger to self or others or is not gravely disabled.23
(IV.5) Whether the defendant has an intellectual and24
developmental disability, as defined in section 25.5-10-202, and if the25
defendant does have such a disability, whether the defendant may be26
eligible for any additional services pursuant to article 10 of title 25.5 or27
SB26-149-45-
article 10.5 of title 27.1
(V) W HETHER THE DEFE NDANT MEETS THE CR ITERIA FOR A2
CERTIFICATION FOR SHORT -TERM TREATMENT PURSUANT TO SECTION3
27-65-108.5 OR 27-65-109 AND, IF THE DEFENDANT MEETS THE CRITERIA,4
WHETHER THE COMPETENCY EVALUATOR BELIEVES THE DEFENDANT5
COULD BE TREATED ON AN OUTPATIENT BASIS PURSUANT TO SECTION6
27-65-111. IF THE DEFENDANT IS INCARCERATED OR IS INPATIENT IN A7
MEDICAL FACILITY AND HAS A PENDING CRIMINAL CHARGE, IN ASSESSING8
WHETHER THE DEFENDANT IS A DANGER TO THE DEFE NDANT'S SELF, A9
DANGER TO OTHERS , OR GRAVELY DISABLED , AS THOSE TERMS ARE10
DEFINED IN SECTION 27-65-102, THE COURT, COMPETENCY EVALUATOR,11
OR PROFESSIONAL PERSON, AS DEFINED IN SECTION 27-65-102, SHALL NOT12
RELY ON THE FACT THAT THE DEFENDANT IS INCARCERATED OR IS13
INPATIENT IN A MEDICAL FACILITY TO ESTABLISH THAT THE DEFENDANT IS14
NOT A DANGER TO THE DEFENDANT 'S SELF , A DANGER TO OTHERS , OR15
GRAVELY DISABLED . IF IT IS THE COMPETENCY EVALUATOR 'S OPINION16
THAT THE DEFENDANT MEETS CRITERIA FOR CERTIFICATION FOR17
SHORT-TERM TREATMENT PURSUANT TO SECTION 27-65-108.5 OR18
27-65-109, THE COMPETENCY EVALUATOR IS NOT REQUIRED TO REQUEST19
A PETITION FOR CERTIFICATION FOR SHORT -TERM TREATMENT OF THE20
DEFENDANT.21
(VI) W HETHER THE DEFENDANT HAS AN INTELLECTUAL AND22
DEVELOPMENTAL DISABILITY, AS DEFINED IN SECTION 25.5-10-202, AND23
IF THE DEFENDANT DOES HAVE AN INTELLECTUAL AND DEVELOPMENTAL24
DISABILITY, WHETHER THE DEFENDANT ALSO HAS A MENTAL HEALTH25
DISORDER, AND WHETHER THE DEFENDANT MAY BE ELIGIBLE FOR ANY26
ADDITIONAL SERVICES PURSUANT TO ARTICLE 10 OF TITLE 25.5 OR27
SB26-149-46-
ARTICLE 10.5 OF TITLE 27, OR MEETS THE CRITERIA FOR A CIVIL1
PROCEEDING FOR IMPOSITION OF A LEGAL DISABILITY PURSUANT TO2
SECTION 25.5-10-216. IF THE COMPETENCY EVALUATOR'S OPINION IS THAT3
THE DEFENDANT MEETS THE CRITERIA, THE COMPETENCY EVALUATOR IS4
NOT REQUIRED TO PETITION THE COURT FOR IMPOSITION OF A LEGAL5
DISABILITY.6
(VII) W HETHER THE DEFENDANT HAS A NEUROCOGNITIVE7
DISORDER, AS DEFINED IN SECTION 25.5-10-501, AND, IF THE DEFENDANT8
DOES HAVE A NEUROCOGNITIVE DISORDER , WHETHER THE DEFENDANT9
MEETS THE CRITERIA FOR PROTECTIVE PLACEMENT PURSUANT TO SECTION10
25.5-10-502. IF THE OPINION IS THAT THE DEFENDANT MEETS THE11
CRITERIA FOR PROTECTIVE PLACEMENT, THE COMPETENCY EVALUATOR IS12
NOT REQUIRED TO PETITION THE COURT FOR PROTECTIVE PLACEMENT.13
(V) (VIII) A DESCRIPTION OF any and all efforts made for14
restoration through medication, therapy, education, or other services and15
the outcome of those efforts in relation to restoring the defendant to16
competency;17
(VI) Repealed.18
(VII) (IX) If the defendant has failed to cooperate with treatment,19
whether the incompetency and mental DISABILITY or intellectual and20
developmental disability contributes to IS THE PRIMARY REASON FOR the21
defendant's refusal or inability to cooperate with restoration; or prevents22
the ability of the defendant to cooperate with restoration; and23
(VIII) (X) A summary of the observations of the defendant by the24
treating TREATMENT staff at the facility or other location where inpatient25
services were delivered.26
(c) At least ten days before each review HEARING, the department27
SB26-149-47-
treating CDHS TREATMENT team shall provide to the court an additional1
report that summarizes:2
(I) What restorative education has SERVICES HAVE been provided3
TO THE DEFENDANT and the frequency of that THE education SERVICES;4
(II) What medication has been administered TO THE DEFENDANT,5
including voluntary or involuntary medications;6
(III) What release plans have been made for the defendant after7
release, including a discussion of the support from THE DEFENDANT 'S8
family members;9
(IV) Whether or not the defendant would agree to voluntary10
admission to the hospital for certification pursuant to article 65 of title 27;11
(V) The opinion of the treating TREATMENT team on the12
defendant's mental health functioning and ability to function on an13
outpatient basis for restoration services; and14
(VI) I F THE DEFENDANT IS CONTINUING TO RECEIVE INPATIENT15
RESTORATION SERVICES, whether the defendant, based on observations of16
the defendant's behavior in the facility, presents a substantial risk to the17
physical safety of the defendant's self, of another person, or of the18
community if released for community restoration; AND19
(VII) Repealed. WHETHER THE DEFENDANT POSES A SUBSTANTIAL20
RISK OF SERIOUS HARM TO OTHERS, AS DEFINED IN SECTION 27-65-102, IF:21
(A) THE DEFENDANT IS CHARGED WITH HOMICIDE PURSUANT TO22
PART 1 OF ARTICLE 3 OF TITLE 18; A CRIME OF VIOLENCE SUBJECT TO THE23
"VICTIM RIGHTS ACT", SECTION 18-1.3-406; OR A FELONY THAT24
CONSTITUTES UNLAWFUL SEXUAL BEHAVIOR , AS DEFINED IN SECTION25
16-22-102; OR26
(B) T HE PROSECUTION REQUESTED AN OPINION REGARDING27
SB26-149-48-
WHETHER THE DEFENDANT POSES A SUBSTANTIAL RISK OF SERIOUS HARM1
TO OTHERS BECAUSE THE PROSECUTION IS AWARE OF AN UNCHARGED ACT2
COMMITTED BY THE DEFENDANT THAT QUALIFIES AS AN ACT PURSUANT TO3
SECTION 16-8.5-118 (5)(b). IF THE PROSECUTION REQUESTS AN OPINION4
PURSUANT TO THIS SUBSECTION (1)(c)(VII)(B), THE PROSECUTION SHALL5
DISCLOSE THE UNCHARGED ACTS TO THE DEFENDANT.6
(3) (2) After the initial review HEARING CONDUCTED pursuant to7
subsection (2)(a) SUBSECTION (1)(a) of this section, the court shall review8
the case of the defendant every ninety-one days. At least ten days before9
each review, the individual or entity evaluating the defendant10
COMPETENCY EVALUATOR shall provide the court with an updated11
COMPETENCY EVALUATION report as described in subsection (2)(b)12
SUBSECTION (1)(b) of this section and the treatment staff shall provide an13
updated summary of observations as described in subsection (2)(c)14
SUBSECTION (1)(c) of this section.15
(4) Repealed.16
(5) (3) The court shall forward a copy of each report and summary17
received pursuant to subsections (2) and (3) SUBSECTIONS (1) AND (2) of18
this section to the county attorney or district attorney required to conduct19
proceedings pursuant to section 27-65-113 (6) SECTION 27-65-113.5 for20
the county in which the case is pending and, when a bridges court liaison21
is appointed, to the bridges court liaison.22
(6) to (15) Repealed.23
16-8.5-113. Restorability hearing - burdens of proof -24
determination - dismissal.25
(1) (a) THE COURT MAY, UPON MOTION OF A PARTY AND UPON A26
SHOWING OF GOOD CAUSE , SET A RESTORABILITY HEARING WITHIN THE27
SB26-149-49-
TIME FRAME SET FORTH IN SECTION 16-8.5-108 (1)(d).1
(b) IF THE FINAL DETERMINATION MADE PURSUANT TO SECTION2
16-8.5-103 IS THAT THE DEFENDANT IS INCOMPETENT TO PROCEED AND A3
COMPETENCY EVALUATOR OPINES THAT THE DEFENDANT IS4
UNRESTORABLE, AND EITHER A RESTORABILITY HEARING HAS NOT BEEN5
HELD OR ONE HUNDRED EIGHTY -TWO DAYS HAVE PASSED SINCE THE6
DEFENDANT BEGAN RECEIVING RESTORATION SERVICES AFTER A FINDING7
OF RESTORABILITY, THE COURT SHALL, UPON MOTION OF A PARTY, SET A8
RESTORABILITY HEARING WITHIN THE TIME FRAME SET FORTH IN SECTION9
16-8.5-108 (1)(d). A RESTORABILITY HEARING MAY BE COMBINED WITH A10
RESTORATION HEARING, IF APPROPRIATE.11
(c) I F THE COURT RECEIVES THE COMPETENCY EVALUATOR 'S12
OPINION THAT THE DEFENDANT IS UNRESTORABLE PRIOR TO ENTERING AN13
INITIAL ORDER FOR RESTORATION SERVICES AND A PARTY REQUESTS A14
RESTORABILITY HEARING, THE COURT MAY ORDER RESTORATION SERVICES15
BEGIN PRIOR TO THE RESTORABILITY HEARING OR MAY FORGO ORDERING16
RESTORATION SERVICES UNTIL THE COURT MAKES A FINDING ABOUT17
WHETHER THE DEFENDANT IS RESTORABLE FOLLOWING THE18
RESTORABILITY HEARING.19
(2) AT ANY RESTORABILITY HEARING CONDUCTED PURSUANT TO20
THIS SECTION:21
(a) T HE DEFENDANT HAS THE BURDEN OF PROVING BY A22
PREPONDERANCE OF THE EVIDENCE THAT THE DEFENDANT IS23
UNRESTORABLE IF ANY CHARGE IN ANY OF THE DEFENDANT 'S PENDING24
CRIMINAL CASES IN THE STATE OF COLORADO INCLUDE A CRIME SUBJECT25
TO THE "VICTIM RIGHTS ACT", SECTION 24-4.1-302 (1); UNLAWFUL26
SEXUAL CONTACT , AS DESCRIBED IN SECTION 18-3-404; OR INDECENT27
SB26-149-50-
EXPOSURE, AS DESCRIBED IN SECTION 18-7-302; AND1
(b) T HE PROSECUTION HAS THE BURDEN OF PROVING BY A2
PREPONDERANCE OF THE EVIDENCE THAT THE DEFENDANT IS RESTORABLE3
IF THE DEFENDANT DOES NOT HAVE A PENDING CRIMINAL CASE IN THE4
STATE OF COLORADO THAT INCLUDES A CHARGE OF A CRIME SUBJECT TO5
THE "VICTIM RIGHTS ACT", SECTION 24-4.1-302 (1); UNLAWFUL SEXUAL6
CONTACT, AS DESCRIBED IN SECTION 18-3-404; OR INDECENT EXPOSURE,7
AS DESCRIBED IN SECTION 18-7-302.8
(3) W HEN DETERMINING WHETHER THE DEFENDANT IS9
RESTORABLE OR UNRESTORABLE , THE COURT SHALL CONSIDER ALL10
RELEVANT INFORMATION, INCLUDING, BUT NOT LIMITED TO:11
(a) A NY DIAGNOSED MENTAL CONDITION GIVING RISE TO THE12
DEFENDANT'S INCOMPETENCY, INCLUDING A DEVELOPMENTAL DISABILITY;13
AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY , AS DEFINED IN14
SECTION 25.5-10-202; A NEUROCOGNITIVE DISORDER , AS DEFINED IN15
SECTION 25.5-10-501; AN ACQUIRED TRAUMATIC BRAIN INJURY ; OR16
DEMENTIA, AND WHETHER THE DI AGNOSED MENTAL C ONDITION CAN BE17
TREATED, MITIGATED, OR MANAGED IN A WAY THAT WOULD ALLOW THE18
DEFENDANT TO PROGRESS TOWARD BECOMING COMPETENT TO PROCEED;19
(b) T HE NATURE AND SEVERITY OF THE DEFENDANT 'S20
INCOMPETENCY AND WHETHER THE DEFENDANT'S LEVEL OF COMPETENCY21
CAN BE IMPROVED THROUGH ANY SERVICES THE COURT MAY LAWFULLY22
ORDER, INCLUDING SERVICES THAT ARE IN ADDITION TO RESTORATION23
SERVICES;24
(c) T HE EXPERIENCES , OBSERVATIONS , AND OPINIONS OF25
QUALIFIED EXPERTS, INCLUDING MEDICAL PROFESSIONALS , TREATMENT26
PROVIDERS, AND RESTORATION SPECIALISTS;27
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(d) T HE EXPERIENCES , OBSERVATIONS , AND OPINIONS OF LAY1
PERSONS WHO ARE FAMILIAR WITH THE DEFENDANT, INCLUDING FAMILY2
MEMBERS, FRIENDS , ASSOCIATES , AND ANY OTHER INDIVIDUAL WITH3
WHOM THE DEFENDANT HAS HAD SIGNIFICANT INTERACTIONS;4
(e) T HE DEFENDANT 'S MEDICAL HISTORY , CRIMINAL HISTORY ,5
COMPETENCY AND RESTORATION HISTORY , AND CIVIL COMMITMENT6
HISTORY;7
(f) T HE FACTS AND CONTEXT OF CURRENT AND PAST CHARGES8
AGAINST THE DEFENDANT AS EVIDENCED BY POLICE REPORTS , VIDEO OR9
AUDIO RECORDINGS , PHYSICAL EVIDENCE , WITNESS OR VICTIM10
STATEMENTS, AND ANY OTHER RELIABLE SOURCES;11
(g) A NY RELEVANT STATEMENTS MADE BY THE DEFENDANT12
DURING THE RESTORATION PROCESS; OR13
(h) T HE DEFENDANT 'S LEVEL OF EFFORT AND ENGAGEMENT ,14
INCLUDING ANY VOLITIONAL LACK OF COOPERATION OR UNWILLINGNESS15
TO PARTICIPATE.16
(4) (a) A T THE CONCLUSION OF A RESTORABILITY HEARING SET17
PURSUANT TO THIS SECTION:18
(I) IF THE COURT FINDS THAT THE DEFENDANT HAS NOT MET THE19
BURDEN OF PROVING THE DEFENDANT IS UNRESTORABLE PURSUANT TO20
SUBSECTION (2)(a) OF THIS SECTION , THE COURT SHALL FIND THE21
DEFENDANT RESTORABLE AND ORDER APPROPRIATE RESTORATION22
SERVICES AND SET A REVIEW HEARING PURSUANT TO SECTION 16-8.5-112.23
(II) IF THE COURT FINDS THAT THE DEFENDANT HAS MET THE24
BURDEN OF PROVING THEY ARE UNRESTORABLE PURSUANT TO SUBSECTION25
(2)(a) OF THIS SECTION , THE COURT SHALL FIND THE DEFENDANT26
UNRESTORABLE.27
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(III) IF THE COURT FINDS THAT THE PROSECUTION HAS NOT MET1
THE BURDEN OF PROVING THE DEFENDANT IS RESTORABLE PURSUANT TO2
SUBSECTION (2)(b) OF THIS SECTION , THE COURT SHALL FIND THE3
DEFENDANT UNRESTORABLE.4
(IV) IF THE COURT FINDS THAT THE PROSECUTION HAS MET THE5
BURDEN OF PROVING THE DEFENDANT IS RESTORABLE PURSUANT TO6
SUBSECTION (2)(b) OF THIS SECTION , THE COURT SHALL FIND THE7
DEFENDANT RESTORABLE AND ORDER APPROPRIATE RESTORATION8
SERVICES AND SET A REVIEW HEARING PURSUANT TO SECTION 16-8.5-112.9
(b) I F THE COURT FINDS THE DEFENDANT IS UNRESTORABLE10
PURSUANT TO SUBSECTION (4)(a)(II) OR (4)(a)(III) OF THIS SECTION, THE11
COURT SHALL ORDER THE DISMISSAL OF THE CRIMINAL PROCEEDINGS12
AGAINST THE DEFE NDANT AND STAY THE ORDER AND PROCEED IN13
ACCORDANCE WITH SECTION 16-8.5-117, UNLESS THE PROSECUTION14
REQUESTS A CIVIL COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT,15
IN WHICH CASE THE COURT SHALL PROCEED IN ACCORDANCE WITH16
SECTION 16-8.5-118.17
(5) [Formerly 16-8.5-111 (6)(a)] (a) Nothing in This article 8.518
prohibits DOES NOT PROHIBIT the court from finding that the defendant is19
restorable to competency in the reasonably foreseeable future based on20
the defendant's volitional lack of cooperation or unwi llingness to21
participate in restoration services and treatment if THE COURT FINDS THAT22
the defendant could be restored to competency in the reasonably23
foreseeable future RESTORABLE if the defendant cooperated and24
participated in the restoration services and treatment.25
16-8.5-114. Restoration hearing - burdens of proof -26
determination.27
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(1) (a) [Formerly 16-8.5-113 (1)] The court may, order UPON A1
MOTION OF A PARTY AND UPON A SHOWING OF GOOD CAUSE , SET a2
restoration hearing at any time on its own motion, on motion of the3
prosecuting attorney, or on motion of the defendant; except that the court4
shall order a restoration hearing when required pursuant to section5
16-8.5-111 (4)(a) or (4)(b) WITHIN THE TIME FRAME SET FORTH IN SECTION6
16-8.5-108 (1)(a). FOR THE PURPOSES OF THIS SUBSECTION (1)(a), GOOD7
CAUSE INCLUDES IF A DEFENDANT IS APPROACHING THE MAXIMUM TIME8
PERMITTED TO RESTORE THE DE FENDANT PURSUANT TO SECTION9
16-8.5-116. A RESTORATION HEARING MAY BE COMBINED WITH A10
RESTORABILITY HEARING, IF APPROPRIATE.11
(b) THE COURT SHALL SET A RESTORATION HEARING WITHIN THE12
TIME FRAME SET FORTH IN SECTION 16-8.5-108 (1)(d) UPON MOTION OF A13
PARTY IF:14
(I) THE COURT HAS ORDERED CDHS TO PROVIDE AN INCOMPETENT15
DEFENDANT RESTORATION SERVICES PURSUANT TO SECTION 16-8.5-11016
AND THE DEFENDANT IS RECEIVING RESTORATION SERVICES;17
(II) THE COURT RECEIVES A COMPETENCY EVALUATOR'S OPINION18
THAT THE DEFENDANT IS COMPETENT TO PROCEED; AND19
(III) A RESTORATION HEARING HAS NOT BEEN HELD OR ONE20
HUNDRED EIGHTY -TWO DAYS HAVE PASSED AFTER A FINDING AT A21
RESTORATION HEARING THAT THE DEFENDANT REMAINS INCOMPETENT TO22
PROCEED AND THE DEFENDANT HAS CONTINUED TO RECEIVE RESTORATION23
SERVICES.24
(2) [Formerly 16-8.5-113 (2)] Within fourteen days after receipt25
of a report from the department or other court-approved competency26
evaluator certifying that the defendant is competent to proceed, Either27
SB26-149-54-
party may request a RESTORATION hearing or a second evaluation The1
court shall determine whether to allow the second evaluation or proceed2
to a hearing on competency. If the second evaluation is requested by the3
court or by an indigent defendant, the evaluation must be paid for by the4
court PURSUANT TO SECTION 16-8.5-111.5
(3) [Formerly 16-8.5-113 (4)] If neither party requests a6
RESTORATION hearing or second evaluation within the time frame set7
forth in subsection (2) of this section SECTION 16-8.5-108 (1)(a), the court8
shall enter a final determination, based on the information then available9
to the court, whether the defendant is or is not competent to proceed. 10
(4) [Formerly 16-8.5-113 (6)] At the RESTORATION hearing, the11
party asserting that the defendant is competent has the burden of proof by12
a preponderance of the evidence and the burden of submitting evidence.13
At the RESTORATION hearing, the court shall determine whether the14
defendant is restored to competency.15
(5) [Formerly 16-8.5-111 (9)] When the department CDHS16
submits a report to the court that the department's CDHS'S position is that17
the defendant is restored to competency, the defendant may be returned18
to the custody of the county jail. The sheriff shall return the defendant to19
the custody of the county jail within seventy-two hours after receipt of the20
department's CDHS'S notice.21
16-8.5-115. Procedure after restoration hearing.22
(1) [Formerly 16-8.5-114 (1)] If a defendant is found to be23
restored to competency after the RESTORATION hearing held pursuant to24
section 16-8.5-113 SECTION 16-8.5-114, the court shall resume the25
criminal proceedings or order the sentence carried out. The court shall26
credit any time the defendant spent in confinement while committed27
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pursuant to section 16-8.5-111 SECTION 16-8.5-110 against any term of1
imprisonment imposed after restoration to competency.2
(2) [Formerly 16-8.5-114 (2)] If, after the RESTORATION hearing3
held pursuant to section 16-8.5-113 SECTION 16-8.5-114, the court4
determines that the defendant remains incompetent to proceed, the court5
may continue or modify any orders entered at the time of the original6
determination of incompetency and may commit or recommit the7
defendant TO CDHS'S CUSTODY or enter any new order necessary to8
facilitate the defendant's restoration to mental competency, consistent9
with the requirements of section 16-8.5-111 SECTION 16-8.5-110.10
16-8.5-116. Dismissal of charges after reaching maximum time11
permitted to restore defendant - exceptions - rules.12
(1) [Formerly 16-8.5-116.5 (2)] At a review hearing held13
PURSUANT TO SECTION 16-8.5-112 concerning the defendant's competency14
to proceed, the court shall dismiss the charges against the defendant and15
release the defendant from confinement pursuant to subsection (7) of this16
section if:17
(a) The defendant's highest charged offense is a class 118
misdemeanor; ANY MISDEMEANOR THAT CONSTITUTES A FIRST OFFENSE19
PURSUANT TO PART 13 OF ARTICLE 4 OF TITLE 42; or is a level 4 drug20
felony, and the defendant has been in the department's CDHS'S custody21
for restoration services or has been confined in a jail or other detention22
facility awaiting transport to the department CDHS for court-ordered23
restoration for an aggregate time of six months; and24
(b) The court determines, based on available evidence, that the25
defendant remains incompetent to proceed.26
(2) [Formerly 16-8.5-116.5 (3)] At a review hearing held27
SB26-149-56-
PURSUANT TO SECTION 16-8.5-112 concerning the defendant's competency1
to proceed, the court shall dismiss the charges against the defendant2
PURSUANT TO SUBSECTION (5) OF THIS SECTION and release the defendant3
from confinement pursuant to subsection (7) of this section if:4
(a) The defendant's highest charged offense is a class 5 or class 65
felony; ANY MISDEMEANOR THAT CONSTITUTES A SECOND OR SUBSEQUENT6
OFFENSE PURSUANT TO PART 13 OF ARTICLE 4 OF TITLE 42; ANY OFFENSE7
CHARGED PURSUANT TO SECTION 42-4-1402 (2)(c); or a level 3 drug8
felony and the defendant has been in the department's CDHS'S custody9
for restoration services or has been confined in a jail or other detention10
facility awaiting transport to the department CDHS for court-ordered11
restoration for an aggregate period of one year; and12
(b) The court determines, based on available evidence, that the13
defendant remains incompetent to proceed.14
(3) [Formerly 16-8.5-116.5 (4)] At a review hearing held15
PURSUANT TO SECTION 16-8.5-112 concerning the defendant's competency16
to proceed, the court shall dismiss the charges against the defendant17
PURSUANT TO SUBSECTION (5) OF THIS SECTION and release the defendant18
from confinement pursuant to subsection (7) of this section, if:19
(a) The defendant's highest charged offense is a class 4 felony and20
the defendant has been in the department's CDHS' S custody for21
restoration services or has been confined in a jail or other detention22
facility awaiting transport to the department CDHS for court-ordered23
restoration for an aggregate period of two years; and24
(b) The court determines, based on available evidence, that the25
defendant remains incompetent to proceed.26
(4) [Formerly 16-8.5-116.5 (5)] Subsections (2), (3), and (4)27
SB26-149-57-
SUBSECTIONS (1), (2), AND (3) of this section do not apply if the defendant1
is charged with a class 1, 2, or 3 felony offense; a sex offense, as defined2
in section 18-1.3-1003 (5); a crime of violence, as defined in section3
18-1.3-406 (2); or a level 1 or level 2 drug felony.4
(5) [Formerly 16-8.5-116.5 (6)] The court shall dismiss the5
defendant's case if:6
(a) The defendant is found incompetent to proceed;7
(b) The charges against the defendant have not been dismissed8
pursuant to this section; and9
(c) The defendant's presentence confinement credit, including any10
time period the defendant was committed for inpatient restoration, or11
confined in jail or another detention facility awaiting inpatient restoration12
services, exceeds the maximum sentence for the defendant's highest13
charged offense.14
(6) to (15) Repealed. IF THE CONDITIONS ALLOWING THE COURT TO15
STAY A DISMISSAL APPLY, THE COURT SHALL STAY A DISMISSAL ORDERED16
PURSUANT TO THIS SECTION IN ACCORDANCE WITH SECTION 16-8.5-117 OR17
16-8.5-118.18
(7) [Formerly 16-8.5-116.5 (13)] When the defendant is charged19
with an offense in municipal court and the defendant is found20
incompetent to proceed, or when civil commitment proceedings are21
initiated pursuant to article 65 of title 27, the municipal court shall22
dismiss the case.23
(8) [Formerly 16-8.5-116.5 (14)] If a defendant is in custody and24
the department CDHS does not comply with the time limits set forth in25
section 16-8.5-111 the defendant is subject to the time limits set forth in26
subsections (2), (3), and (4) of this section SECTION 16-8.5-110, and,27
SB26-149-58-
based upon the best available evidence, the defendant will not be admitted1
to an inpatient facility to begin restoration SERVICES within the time limits2
described in the applicable subsection SUBSECTIONS (1), (2), OR (3) OF3
THIS SECTION, the court may release the defendant or dismiss the case in4
lieu of the defendant remaining in custody on a wait list for restoration5
services.6
(9) [Formerly 16-8.5-116.5 (15)] When a defendant is in custody7
and is found incompetent to proceed, at every subsequent review8
HEARING of the defendant's case, the court shall make a finding on the9
record regarding the expiration of applicable time limits set forth in this10
section.11
(10) [Formerly 16-8.5-116.5 (16)] If a defendant files a motion12
alleging the court is required to dismiss the case because a time limit in13
this section has expired, the defendant is entitled to a timely hearing and14
ruling on the motion.15
16-8.5-117. Initiation of civil proceeding - appointment of16
bridges court liaison or guardian - extension - dismissal.17
(1) I F THE COURT DETERMINES THERE IS A SUBSTANTIAL18
PROBABILITY THAT THE DEFENDANT WILL BE F OUND UNRESTORABLE19
PURSUANT TO SECTION 16-8.5-113, THE DEFENDANT WILL REACH THE20
MAXIMUM TIME PERMITTED TO RESTORE THE DEFENDANT PURSUANT TO21
SECTION 16-8.5-116, OR THE COURT WILL ORDER THE INITIATION OF A22
CIVIL PROCEEDING PURSUANT TO THIS SECTION:23
(a) T HE COURT SHALL APPOINT A BRIDGES COURT LIAISON TO24
PROVIDE SERVICES AUTHORIZED IN ARTICLE 95 OF TITLE 13, WHICH MAY25
INCLUDE:26
(I) ASSISTING WITH CASE PLANNING AND COORDINATING SERVICES27
SB26-149-59-
FOR THE DEFENDANT, INCLUDING COORDINATING WITH GOVERNMENTAL1
ENTITIES OR COMMUNITY-BASED ORGANIZATIONS THAT ARE CAPABLE OF2
PROVIDING RESOURCES TO THE DEFENDANT;3
(II) I F THE DEFENDANT DOES NOT OBJECT , FACILITATING4
PSYCHOLOGICAL ASSESSMENTS OF THE DEFENDANT TO HELP DETERMINE5
APPROPRIATE LEVELS OF CARE;6
(III) P ROVIDING THE COURT WITH AN INDIVIDUALIZED RELEASE7
PLAN DEVELOPED IN CONJUNCTION WITH ANY NECESSARY COMMUNITY8
PROVIDERS AND ASSISTING WITH THE REINTEGRATION OF THE DEFENDANT9
INTO THE COMMUNITY WITH APPROPRIATE SERVICES; OR10
(IV) COORDINATING WITH THE OFFICE OF PUBLIC GUARDIANSHIP11
OR AN APPOINTED TEMPORARY EMERGENCY GUARDIAN FOR THE PURPOSE12
OF PROVIDING LONG-TERM CONTINUUM OF CARE FOR THE DEFENDANT.13
(b) T HE COURT MAY APPOINT A TEMPORARY EMERGENCY14
GUARDIAN TO THE DEFENDANT PURSUANT TO SECTION 15-14-312 (1).15
(2) THE COURT MAY ENTER LAWFUL ORDERS REQUESTED BY THE16
DEFENDANT, THE APPOINTED BRIDGES COURT LIAISON, OR THE APPOINTED17
TEMPORARY EMERGENCY GUARDIAN TO ASSIST OR FACILITATE THE WORK18
OF THE BRIDGES COURT LIAISON OR THE APPOINTED TEMPORARY19
EMERGENCY GUARDIAN.20
(3) (a) I F THE COURT HAS MADE A FINAL DETERMINATION THAT21
THE DEFENDANT IS INCOMPETENT TO PROCEED , THE COURT MAY ORDER22
THE COUNTY ATTORNEY OR THE APPOINTED TEMPORARY EMERGENCY23
GUARDIAN TO INITIATE A CIVIL PROCEEDING AGAINST THE DEFENDANT24
WHILE THE CRIMINAL PROCEEDINGS AGAINST THE DEFENDANT ARE25
ONGOING IF:26
(I) A COMPETENCY EVALUATOR, OR A PROFESSIONAL PERSON OR27
SB26-149-60-
INTERVENING PROFESSIONAL, AS THOSE TERMS ARE DEFINED IN SECTION1
27-65-102, WHO IS ACTING WITHIN THE SCOPE OF THEIR AUTHORITY AND2
WHO HAS AN ESTABLISHED TREATMENT RELATIONSHIP WITH THE3
DEFENDANT, OPINES THAT THE DEFENDANT MEETS THE CRITERIA FOR4
CERTIFICATION FOR SHORT-TERM TREATMENT OR LONG-TERM CARE AND5
TREATMENT PURSUANT TO SECTION 27-65-108.3, FOR PROTECTIVE6
PLACEMENT PURSUANT TO SECTION 25.5-10-502, OR FOR IMPOSITION OF7
A LEGAL DISABILITY OR REMOVAL OF A LEGAL RIGHT PURS UANT TO8
SECTION 25.5-10-216; AND9
(II) ONE OF THE FOLLOWING INDIVIDUALS REQUESTS THE COURT10
TO INITIATE A CIVIL PROCEEDING:11
(A) THE DISTRICT ATTORNEY;12
(B) THE COUNTY ATTORNEY;13
(C) A GUARDIAN, IF ONE IS APPOINTED;14
(D) THE PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL15
WHO OPINED THE DEFENDANT MEETS THE CRITERIA FOR A CIVIL16
PROCEEDING IF THE PROFESSIONAL PERSON 'S OR INTERVENING17
PROFESSIONAL'S OPINION IS NOT THE RESULT OF WORK PERFORMED AS18
PART OF EMPLOYMENT OR A CONTRACT WITH THE BEHAVIORAL HEALTH19
ADMINISTRATION IN CDHS OR WITH OCFMH; OR20
(E) A REPRESENTATIVE DESIGNATED BY THE BEHAVIORAL HEALTH21
ADMINISTRATION IN CDHS OR WITH OCFMH TO MAKE A REQUEST.22
(b) NOTWITHSTANDING SUBSECTION (3)(a)(II) OF THIS SECTION, IF23
ANY OF THE DEFENDANT'S CHARGES INCLUDE A FELONY, THE COURT MAY,24
WITH THE CONSENT OF THE DISTRICT ATTORNEY , ORDER THE COUNTY25
ATTORNEY TO INITIATE A CIVIL PROCEEDING.26
(4) (a) (I) D URING THE PENDENCY OF THE CRIMINAL CASE , THE27
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DEFENDANT, THE DEFENDANT 'S ATTORNEY IN THE CRIMINAL CASE , AND1
THE PROSECUTING ATTORNEY IN THE CRIMINAL CASE MAY ACCESS THE2
FOLLOWING INFORMATION AND RECORDS THAT RELATE TO A CIVIL3
PROCEEDING INITIATED AGAINST THE DEFENDANT:4
(A) W HETHER A CIVIL PROCEEDING IS PENDING AGAINST THE5
DEFENDANT AND, IF SO , THE DATE AND TIME OF THE CIVIL PROCEEDING6
AND THE FINAL DISPOSITION OF THE CIVIL PROCEEDING , REGARDLESS OF7
WHETHER THE CIVIL PROCEEDING IS CONFIDENTIAL OR CLOSED TO THE8
PROSECUTING ATTORNEY OR THE DEFENDANT 'S ATTORNEY IN THE9
CRIMINAL CASE; AND10
(B) WHETHER THE COURT PREVIOUSLY ORDERED CERTIFICATION11
FOR SHORT -TERM TREATMENT PURSUANT TO SECTION 27-65-108.5 OR12
27-65-109, CERTIFICATION FOR LONG -TERM CARE AND TREATMENT13
PURSUANT TO SECTION 27-65-110, PROTECTIVE PLACEMENT PURSUANT TO14
SECTION 25.5-10-502, OR IMPOSITION OF A LEGAL DISABILITY OR REMOVAL15
OF A LEGAL RIGHT PURSUANT TO SECTION 25.5-10-216;16
(II) A NY INFORMATION ACCESSED PURSUANT TO SUBSECTION17
(4)(a)(I) OF THIS SECTION IS CONFIDENTIAL UNLESS THE DISCLOSURE IS18
OTHERWISE AUTHORIZED BY LAW.19
(b) IF A PETITION FOR A CIVIL PROCEEDING IS FILED AGAINST THE20
DEFENDANT AS A RESULT OF THE COURT 'S ORDER PURSUANT TO21
SUBSECTION (3)(a) OF THIS SECTION:22
(I) T HE PETITIONER SHALL FILE A NOTICE IN THE DEFENDANT 'S23
CRIMINAL CASE; AND24
(II) THE BEHAVIORAL HEALTH ADMINISTRATION IN CDHS SHALL,25
EITHER DIRECTLY OR THROUGH CONTRACT, PROVIDE CARE COORDINATION26
SERVICES PURSUANT TO SECTION 27-65-108.27
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(5) T HE COURT SHALL ORDER THE COUNTY ATTORNEY OR THE1
APPOINTED TEMPORARY EMERGENCY GUARDIAN TO INITIATE A CIVIL2
PROCEEDING AGAINST THE DEFENDANT AND STAY THE ORDER DISMISSING3
THE DEFENDANT'S CRIMINAL CASE FOR THIRTY-FIVE DAYS IF:4
(a) T HE COURT ORDERS DISMISSAL OF THE CASE PURSUANT TO5
SECTION 16-8.5-109 (4), 16-8.5-113 (4)(b), OR 16-8.5-116, OR , IF THE6
DEFENDANT IS INCOMPETENT , THE DISTRICT ATTORNEY VOLUNTARILY7
MOVES TO DISMISS THE CASE AND THE COURT REQUESTS THE COUNTY8
ATTORNEY OR THE APPOINTED TEMPORARY EMERGENCY GUARDIAN TO9
INITIATE A CIVIL PROCEEDING;10
(b) A COMPETENCY EVALUATOR, OR A PROFESSIONAL PERSON OR11
INTERVENING PROFESSIONAL, AS THOSE TERMS ARE DEFINED IN SECTION12
27-65-102, WHO IS ACTING WITHIN THE SCOPE OF THEIR AUTHORITY AND13
WHO HAS AN ESTABLISHED TREATMENT RELATIONSHIP WITH THE14
DEFENDANT OPINES THAT THE DEFENDANT MEETS THE CRITERIA FOR15
CERTIFICATION FOR SHORT-TERM TREATMENT OR LONG-TERM CARE AND16
TREATMENT PURSUANT TO SECTION 27-65-108.3, FOR PROTECTIVE17
PLACEMENT PURSUANT TO SECTION 25.5-10-502, OR IMPOSITION OF A18
LEGAL DISABILITY OR REMOVAL OF A LEGAL RIGHT PURSUANT TO SECTION19
25.5-10-216; AND20
(c) ONE OF THE FOLLOWING INDIVIDUALS REQUESTS THE COURT TO21
INITIATE A CIVIL PROCEEDING:22
(I) THE DISTRICT ATTORNEY;23
(II) THE COUNTY ATTORNEY;24
(III) THE APPOINTED TEMPORARY EMERGENCY GUARDIAN;25
(IV) THE PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL26
WHO OPINED PURSUANT TO SUBSECTION (3)(a)(I) OF THIS SECTION THAT27
SB26-149-63-
THE DEFENDANT MEETS THE CRITERIA FOR A CIVIL PROCEEDING IF THE1
PROFESSIONAL PERSON'S OR INTERVENING PROFESSIONAL'S OPINION IS NOT2
THE RESULT OF WORK PERFORMED AS PART OF EMPLOYMENT OR A3
CONTRACT WITH THE BEHAVIORAL HEALTH ADMINISTRATION IN CDHS OR4
WITH OCFMH; OR5
(V) A REPRESENTATIVE DESIGNATED BY THE BEHAVIORAL HEALTH6
ADMINISTRATION IN CDHS OR WITH OCFMH TO MAKE A REQUEST.7
(6) (a) T HE COURT SHALL GRANT AN UNLIMITED NUMBER OF8
THIRTY-FIVE-DAY EXTENSIONS TO STAY THE ORDER DISMISSING THE9
DEFENDANT'S CASE IF THE DEFENDANT CONSENTS TO THE EXTENSION.10
(b) IF THE DEFENDANT DOES NOT CONSENT TO AN EXTENSION TO11
STAY THE ORDER , THE COURT SHALL GRANT NO MORE THAN FOUR12
ADDITIONAL EXTENSIONS, SO LONG AS THE TOTAL EXTENSIONS DO NOT13
EXCEED ONE HUNDRED SEVENTY-FIVE DAYS, IF:14
(I) T HE PROSECUTING ATTORNEY REQUESTS AN EXTENSION ,15
REGARDLESS OF WHETHER THE DEFENDANT CONSENTS TO THE EXTENSION;16
(II) THE COURT FINDS GOOD CAUSE; AND17
(III) T HE DEFENDANT IS CHARGED WITH AN ACT THAT18
CONSTITUTES HOMICIDE PURSUANT TO PART 1 OF ARTICLE 3 OF TITLE 18;19
A CRIME OF VIOLENCE , AS DEFINED IN SECTION 18-1.3-406 (2); OR A20
FELONY THAT CONSTITUTES UNLAWFUL SEXUAL BEHAVIOR, AS DEFINED IN21
SECTION 16-22-102.22
(c) IF THE DEFENDANT DOES NOT CONSENT TO AN EXTENSION TO23
STAY THE ORDER , THE COURT SHALL GRANT NO MORE THAN ONE24
ADDITIONAL EXTENSION, SO LONG AS THE EXTENSION DOES NOT EXCEED25
SEVENTY DAYS, IF:26
(I) T HE PROSECUTING ATTORNEY REQUESTS AN EXTENSION ,27
SB26-149-64-
REGARDLESS OF WHETHER THE DEFENDANT CONSENTS TO THE EXTENSION;1
(II) THE COURT FINDS GOOD CAUSE; AND2
(III) T HE DEFENDANT IS NOT CHARGED WITH A CRIME OF3
VIOLENCE, AS DEFINED IN SECTION 18-1.3-406 (2), OR A FELONY THAT4
CONSTITUTES UNLAWFUL SEXUAL BEHAVIOR , AS DEFINED IN SECTION5
16-22-102.6
(d) FOR THE PURPOSE OF THIS SUBSECTION (6), GOOD CAUSE DOES7
NOT INCLUDE REFUSAL OR FAILURE TO TIMELY FILE A PETITION FOR A CIVIL8
PROCEEDING PURSUANT TO SUBSECTION (3) OF THIS SECTION.9
(e) AN EXTENSION GRANTED PURSUANT TO SUBSECTION (6)(b) OR10
(6)(c) OF THIS SECTION IS IN ADDITION TO THE INITIAL STAY AUTHORIZED11
PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION.12
(f) A FTER A STAY OF DISMISSAL ENDS PURSUANT TO THIS13
SUBSECTION (6), THE COURT SHALL DISMISS THE DEFENDANT'S CRIMINAL14
CASE UNLESS THE STAY REMAINS IN EFFECT PURSUANT TO SECTION15
16-8.5-118. AFTER THE DEFENDANT 'S CASE IS DISMISSED , THE COURT16
SHALL NOTIFY CDHS OF THE DISMISSAL , IN WRITING, AND THE REASON17
FOR THE DISMISSAL.18
(7) P RIOR TO ORDERING THE COUNTY ATTORNEY OR THE19
APPOINTED TEMPORARY EMERGENCY GUARDIAN TO INITIATE A CIVIL20
PROCEEDING PURSUANT TO SUBSECTION (3) OR (5) OF THIS SECTION, THE21
COURT SHALL CONSIDER ANY OBJECTIONS FROM THE DEFENDANT.22
(8) I F THE COURT ORDERS THE COUNTY ATTORNEY OR THE23
APPOINTED TEMPORARY EMERGENCY GUARDIAN TO INITIATE A CIVIL24
PROCEEDING PURSUANT TO SUBSECTION (3) OR (5) OF THIS SECTION, THE25
COURT SHALL SERVE THE COUNTY ATTORNEY OR THE APPOINTED26
TEMPORARY EMERGENCY GUARDIAN WITH A WRITTEN ORDER THAT:27
SB26-149-65-
(a) STATES THE FACTUAL AND LEGAL BASIS FOR THE ORDER;1
(b) S ETS A DEADLINE FOR THE COUNTY ATTORNEY OR THE2
APPOINTED TEMPORARY EMERGENCY GUARDIAN TO INITIATE A CIVIL3
PROCEEDING NO LATER THAN TWENTY -ONE DAYS AFTER THE COURT 'S4
ORDER;5
(c) I DENTIFIES THE SPECIFIC CIVIL PROCEEDINGS THE COURT6
INTENDS THE COUNTY ATTORNEY OR THE APPOINTED TEMPORARY7
EMERGENCY GUARDIAN TO INITIATE; AND8
(d) INCLUDES ANY ORDERS THE COURT ISSUED PURSUANT TO THIS9
SECTION.10
(9) T HE COUNTY ATTORNEY OR THE APPOINTED TEMPORARY11
EMERGENCY GUARDIAN MAY OBJECT TO THE ORDER TO INITIATE A CIVIL12
PROCEEDING WITHIN SEVEN DAYS AFTER RECEIVING THE COURT ORDER13
SERVED PURSUANT TO SUBSECTION (8) OF THIS SECTION AND MAY14
REQUEST A HEARING . IF THE COUNTY ATTORNEY OR THE APPOINTED15
TEMPORARY EMERGENCY GUARDIAN FILES AN OBJECTION , THE COURT16
SHALL SET A HEARING FORTHWITH AND RULE ON THE COUNTY ATTORNEY'S17
OR THE APPOINTED TEMPORARY EMERGENCY GUARDIAN'S OBJECTION BY18
EITHER VACATING , MODIFYING, OR AFFIRMING THE COURT 'S ORDER TO19
INITIATE A CIVIL PROCEEDING.20
(10) I F THE COURT ORDERS THE COUNTY ATTORNEY OR THE21
APPOINTED TEMPORARY EMERGENCY GUARDIAN TO INITIATE A CIVIL22
PROCEEDING AGAINST THE DEFENDANT:23
(a) THE COURT MAY, UPON THE COURT'S OWN MOTION, FORGO AN24
ORDER FOR RESTORATION SERVICES AND DISMISS THE CHARGES AGAINST25
THE DEFENDANT WITHOUT PREJUDICE IF THE DEFENDANT 'S HIGHEST26
CHARGED OFFENSE IS A MISDEMEANOR THAT IS NOT SUBJECT TO DISMISSAL27
SB26-149-66-
PURSUANT TO SECTION 16-8.5-109 (4).1
(b) THE DISTRICT ATTORNEY AND OCFMH SHALL TRANSMIT ALL2
NECESSARY INFORMATION TO THE COUNTY ATTORNEY OR THE APPOINTED3
TEMPORARY EMERGENCY GUARDIAN , INCLUDING THE DEFENDANT 'S4
MEDICAL RECORDS, COMPETENCY EVALUATIONS, MATERIALS USED DURING5
THE COMPETENCY PROCESS, AND RESTORATION RECORDS.6
(11) IF THE COURT ORDERS DISMISSAL OF THE CASE PURSUANT TO7
SECTION 16-8.5-109 (4), 16-8.5-113 (4)(b), OR 16-8.5-116; THE COURT8
DOES NOT ORDER THE COUNTY ATTORNEY OR THE APPOINTED TEMPORARY9
EMERGENCY GUARDIAN TO INITIATE A CIVIL PROCEEDING; AND THE CASE10
IS NOT STAYED PURSUANT TO SECTION 16-8.5-118, THE COURT SHALL11
DISMISS THE CASE.12
16-8.5-118. Civil commitment and enhanced protective13
placement for incompetent and unrestorable defendants.14
(1) (a) I F THE DEFENDANT IS UNRESTORABLE PURS UANT TO15
SECTION 16-8.5-113 OR THE DEFENDANT HAS REACHED THE MAXIMUM16
TIME PERMITTED TO RESTORE THE DEFENDANT PURSUANT TO SECTION17
16-8.5-116, THE PROSECUTION MAY NOTIFY THE COURT THAT THE18
PROSECUTION SEEKS CIVIL COMMITMENT OR ENHANCED PROTECTIVE19
PLACEMENT OF THE DEFENDANT PURSUANT TO THIS SECTION.20
(b) I F THE PROSECUTION VERBALLY NOTIFIES THE COURT21
PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION , THE COURT SHALL22
ORDER THE PROSECUTION TO FILE WRITTEN NOTICE WITHIN SEVEN DAYS23
AFTER THE VERBAL NOTIFICATION AND PROVIDE THE NOTICE TO THE24
PARTIES, OCFMH, AND THE COUNTY ATTORNEY . THE NOTICE MUST25
INCLUDE THE ACTS UPON WHICH THE PROSECUTION INTENDS TO RELY UPON26
AT TRIAL THAT THE PROSECUTION ALLEGES SATISFY SUBSECTION (5)(b) OF27
SB26-149-67-
THIS SECTION. THE PROSECUTION SHALL NOT ALLEGE ACTS FOR WHICH THE1
DEFENDANT HAS BEEN ACQUITTED.2
(c) UPON THE PROSECUTION PROVIDING WRITTEN NOTICE TO THE3
COURT PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION , THE COURT4
SHALL:5
(I) S TAY THE ORDER DISMISSING THE DEFENDANT 'S CRIMINAL6
CASE;7
(II) SET A TRIAL WITHIN NINETY-ONE DAYS AFTER THE DATE THE8
WRITTEN NOTICE WAS FILED OR, WITH BOTH PARTIES' CONSENT, ANY DATE9
AGREEABLE TO THE PARTIES;10
(III) ORDER OCFMH TO IDENTIFY AN APPROPRIATE PROVIDER AND11
PLACEMENT FOR THE DEFENDANT IN THE EVENT A CIVIL COMMITMENT OR12
AN ENHANCED PROTECTIVE PLACEMENT IS GRANTED AND TO KEEP THE13
COURT INFORMED IN WRITING OF AVAILABLE PLACEMENT OPTIONS; AND14
(IV) APPOINT A BRIDGES COURT LIAISON PURSUANT TO SECTION15
16-8.5-117 (1), IF A BRIDGES COURT LIAISON HAS NOT ALREADY BEEN16
APPOINTED.17
(2) AT ANY TIME FOLLOWING THE PROSECUTION'S WRITTEN NOTICE18
PROVIDED PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION AND UPON19
REQUEST OF THE DEFENDANT, THE BRIDGES COURT LIAISON, OR OCFMH,20
THE COURT MAY APPOINT A TEMPORARY EMERGENCY GUARDIAN21
PURSUANT TO SECTION 16-8.5-117 (1).22
(3) T HE COURT MAY CONTINUE THE TRIAL FOR GOOD CAUSE23
SHOWN; EXCEPT THAT THE COURT SHALL COMMENCE THE TRIAL WITHIN24
ONE HUNDRED EIGHTY -TWO DAYS AFTER THE DATE THE PROSECUTION25
GIVES NOTICE PURSUANT TO SUBSECTION (1) OF THIS SECTION AND26
CONCLUDE THE TRIAL WITHIN A REASONABLE TIME . DELAYS27
SB26-149-68-
ATTRIBUTABLE TO THE DEFENDANT , INCLUDING A REQUEST FOR A1
CONTINUANCE OF THE TRIAL, MUST BE EXCLUDED FROM THE TIME LIMITS2
SET FORTH IN THIS SUBSECTION (3). IF THE TRIAL IS NOT COMMENCED3
WITHIN THE TIME LIMITS SET FORTH IN THIS SUBSECTION (3), THE COURT4
SHALL END THE STAY AND DISMISS THE CASE AGAINST THE DEFENDANT IF5
THE DEFENDANT FILED A MOTION TO DISMISS PRIOR TO THE6
COMMENCEMENT OF THE TRIAL . IF THE DEFENDANT FAILED TO FILE A7
MOTION TO DISMISS PRIOR TO COMMENCEMENT OF THE TRIAL, THE FAILURE8
TO FILE A MOTION TO DISMISS IS A WAIVER OF THE DEFENDANT 'S RIGHTS9
PURSUANT TO THIS SUBSECTION (3).10
(4) (a) THE TRIAL MUST BE CIVIL IN NATURE BUT CONDUCTED IN11
ACCORDANCE WITH THE COLORADO RULES OF EVIDENCE . A DISTRICT12
COURT JUDGE OR, WITH THE CONSENT OF BOTH PARTIES, A COUNTY COURT13
JUDGE OR A MAGISTRATE ASSIGNED BY THE CHIEF JUDGE OF THE JUDICIAL14
DISTRICT SHALL SERVE AS THE FINDER OF FACT.15
(b) (I) U PON SETTING THE TRIAL , THE COURT SHALL ORDER , IN16
WRITING, THE EXCHANGE OF RELEVANT DISCOVERY FOR THE PURPOSE OF17
ENSURING A FAIR AND EXPEDITIOUS TRIAL FOR BOTH PARTIES, INCLUDING,18
AT A MINIMUM , THE TIMELY DISCLOSURE OF THE WITNESSES AND19
EVIDENCE THE PARTIES INTEND TO RELY UPON AT TRIAL.20
(II) T HE COURT MAY ORDER THE PARTIES TO COMPLY WITH21
RELEVANT PROVISIONS OF RULE 16 OF THE COLORADO RULES OF CRIMINAL22
PROCEDURE, BUT ONLY TO THE EXTENT REASONABLE FOR THE CIVIL TRIAL23
AND IN FURTHERANCE OF THE LIMITED PURPOSE OF THIS SECTION.24
(c) THE PARTIES MAY ISSUE SUBPOENAS PURSUANT TO RULE 17 OF25
THE COLORADO RULES OF CRIMINAL PROCEDURE TO COMPEL THE26
ATTENDANCE OF WITNESSES AT TRIAL.27
SB26-149-69-
(5) A T TRIAL , THE PROSECUTION SHALL PROVE BY CLEAR AND1
CONVINCING EVIDENCE THAT THE DEFENDANT:2
(a) HAS A MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY;3
(b) COMMITTED AN ACT THAT, IN THE ABSENCE OF ANY MENTAL4
DISABILITY OR DEVELOPMENTAL DISABILITY , WOULD CONSTITUTE5
HOMICIDE PURSUANT TO PART 1 OF ARTICLE 3 OF TITLE 18; A CRIME OF6
VIOLENCE, AS DEFINED IN SECTION 18-1.3-406 (2); OR A FELONY THAT7
CONSTITUTES UNLAWFUL SEXUAL BEHAVIOR , AS DEFINED IN SECTION8
16-22-102; AND9
(c) POSES A SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS.10
(6) (a) WHEN DETERMINING WHETHER THE PROSECUTION HAS MET11
ITS BURDEN PURSUANT TO SUBSECTION (5)(b) OF THIS SECTION:12
(I) THE DEFENDANT IS NOT PERMITTED TO RAISE, AND THE COURT13
SHALL NOT CONSIDER , A DEFENSE BASED ON A MENTAL DISABILITY OR14
DEVELOPMENTAL DISABILITY, INCLUDING A MENTAL DISEASE OR DEFECT,15
AS DEFINED IN SECTION 16-8-102, INCLUDING, BUT NOT LIMITED TO , A16
DEFENSE RAISED PURSUANT TO ARTICLE 8 OF TITLE 16 OR ANY DEFENSE17
THAT IS AN ELEMENT-NEGATING TRAVERSE BASED ON A MENTAL DISEASE18
OR DEFECT;19
(II) THE DEFENDANT IS NOT PERMITTED TO RAISE, AND THE COURT20
SHALL NOT CONSIDER , A DEFENSE OF INTOXICATION , AS DEFINED IN21
SECTION 18-1-804, EXCEPT FOR INTOXICATION THAT IS NOT SELF-INDUCED22
PURSUANT TO SECTION 18-1-804 (3); AND23
(III) T HE DEFENDANT IS PERMITTED TO RAISE OTHER DEFENSES24
THAT ARE NOT BASED ON A MENTAL DISABILITY OR DEVELOPMENTAL25
DISABILITY, INCLUDING AFFIRMATIVE DEFENSES, EXCEPT AS PROVIDED IN26
THIS SUBSECTION (6).27
SB26-149-70-
(b) WHEN DETERMINING WHETHER TO PERMIT A DEFENDANT TO1
RAISE A DEFENSE PURSUANT TO THIS SUBSECTION (6), THE COURT SHALL2
CONSIDER THE NEED TO ENSURE FAIRNESS AND DUE PROCESS TO BOTH3
PARTIES WITHOUT FRUSTRATING THE INTENDED FUNCTIONING AND4
LIMITED PURPOSE OF THE CIVIL PROCEEDING.5
(c) THE PROSECUTION SHALL NOT ALLEGE, AND THE COURT SHALL6
NOT CONSIDER, AN ACT OR SERIES OF ACTS FOR WHICH THE DEFENDANT7
WAS CHARGED AND ACQUITTED AS THE QUALIFYING ACTS PURSUANT TO8
THIS SUBSECTION (6)(c), BUT THE COURT MAY ADMIT EVIDENCE OF AN ACT9
OR A SERIES OF ACTS FOR WHICH THE DEFENDANT WAS CHARGED AND10
ACQUITTED IF OTHERWISE ADMISSIBLE PURSUANT TO THE COLORADO11
RULES OF EVIDENCE.12
(7) (a) P RIOR TO TRIAL , THE COURT SHALL REQUIRE THE13
DEFENDANT TO STATE WHETHER THE DEFENDANT CONTESTS THAT THE14
DEFENDANT HAS A MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY.15
(b) IF THE DEFENDANT DOES NOT CONTEST THAT THE DEFENDANT16
HAS A MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY, THE COURT17
SHALL TREAT THIS FACT AS PROVEN AND SHALL NOT REQUIRE THE18
PROSECUTION TO PRODUCE ANY EVIDENCE TO PROVE THE FACT AT TRIAL.19
(c) (I) IF THE DEFENDANT CONTESTS THAT THE DEFENDANT HAS A20
MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY, THE COURT SHALL21
REVIEW THE RECORD AND DETERMINE IF THE DEFENDANT OR DEFENSE22
COUNSEL RAISED THE ISSUE OF THE DEFENDANT BEING INCOMPETENT OR23
FAILED TO OBJECT TO A FINDING THAT THE DEFENDANT IS INCOMPETENT.24
(II) IF THE COURT FINDS THE DEFENDANT OR DEFENSE COUNSEL25
RAISED THE ISSUE OF THE DEFENDANT BEING INCOMPETENT OR FAILED TO26
OBJECT TO A FINDING THAT THE DEFENDANT IS INCOMPETENT, THE COURT27
SB26-149-71-
SHALL FIND THE DEFENDANT HAS PREVIOUSLY STIPULATED THAT THE1
DEFENDANT HAS A MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY.2
IF THE COURT MAKES A FINDING, THE COURT SHALL FIND THE DEFENDANT3
HAS STIPULATED THAT THE DEFENDANT HAS A MENTAL DISABILITY OR4
DEVELOPMENTAL DISABILITY AND FIND IN FAVOR OF THE PROSECUTION AT5
TRIAL WITH REGARD TO SUBSECTION (5)(a) OF THIS SECTION.6
(III) I F THE COURT FINDS THAT THE PROSECUTION OR COURT7
RAISED THE ISSUE OF COMPETENCY OVER THE DEFENDANT 'S OBJECTION8
AND THE DEFENDANT CONSISTENTLY MAINTAINED AN OBJECTION BY9
ARGUING THE DEFENDANT IS COMPETENT TO PROCEED, THE PROSECUTION10
HAS THE BURDEN TO PROVE BY CLEAR AND CONVINCING EVIDENCE THAT11
THE DEFENDANT HAS A MENTAL DISABILITY OR DEVELOPMENTAL12
DISABILITY PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION.13
(d) AT TRIAL, THE COURT:14
(I) S HALL ADMIT ANY COMPETENCY REPORTS AND ANY15
TRANSCRIPTS OF PRIOR COMPETENCY OR RESTORABILITY HEARINGS SO16
LONG AS THE COMPETENCY EVALUATOR WHO COMPLETED THE REPORT IS17
AVAILABLE FOR CROSS-EXAMINATION;18
(II) MAY TAKE JUDICIAL NOTICE OF ANY PRIOR FINDING THAT THE19
DEFENDANT IS INCOMPETENT TO PROCEED AND THE STANDARD OF PROOF20
TO WHICH THE PRIOR FINDING WAS MADE; AND21
(III) S UBJECT TO CONSTITUTIONAL LIMITATIONS AND THE22
COLORADO RULES OF EVIDENCE , SHALL ALLOW ADMISSION OF ANY23
EVIDENCE FROM PRIOR COURT PROCEEDINGS THAT BEAR ON THE QUESTION24
OF WHETHER THE DEFENDANT HAS A MENTAL DISABILITY OR25
DEVELOPMENTAL DISABILITY.26
(8) A T TRIAL , WHEN DETERMINING WHETHER THE DEFENDANT27
SB26-149-72-
POSES A SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS , IF THE1
DEFENDANT IS IN CUSTODY OR AT THE STATE HOSPITAL, THE COURT SHALL2
ASSESS THE DEFENDANT AS IF THE DEFENDANT WERE IN THE COMMUNITY.3
THE COURT SHALL NOT FIND THE DEFENDANT DOES NOT POSE A4
SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS MERELY BECAUSE THE5
DEFENDANT IS IN CUSTODY OR AT THE STATE HOSPITAL.6
(9) (a) I F THE COURT FINDS THAT THE REQUIREMENTS OF7
SUBSECTION (5) OF THIS SECTION HAVE BEEN MET , THE COURT SHALL8
PROCEED IN ACCORDANCE WITH SUBSECTION (10) OF THIS SECTION.9
(b) IF THE COURT FINDS ONE OR MORE OF THE REQUIREMENTS IN10
SUBSECTION (5) OF THIS SECTION HAVE NOT BEEN MET, THE COURT SHALL11
DENY THE PROSECUTION'S REQUEST TO CIVILLY COMMIT THE DEFENDANT12
OR ORDER THE ENHANCED PROTECTIVE PLACEMENT OF THE DEFE NDANT13
AND DISMISS THE CASE ; EXCEPT THAT THE COURT MAY CONSIDER14
WHETHER TO ORDER OTHER CIVIL PROCEEDINGS PURSUANT TO SECTION15
16-8.5-117.16
(10) (a) I F THE COURT MAKES A FINDING PURSUANT TO17
SUBSECTION (7)(c)(II) OF THIS SECTION THAT THE DEFENDANT HAS A18
MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY, THE COURT SHALL19
MAKE A FINDING OF THE PRIMARY DIAGNOSIS THAT CONSTITUTES THE20
MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY. THE COURT SHALL21
ORDER THE DEFENDANT CIVILLY COMMITTED TO THE LEGAL CUSTODY OF22
CDHS AND SUPERVISED PURSUANT TO SECTION 27-65-108.1, UNLESS THE23
DEFENDANT 'S PRIMARY DIAGNOSIS IS AN INTELLECTUAL AND24
DEVELOPMENTAL DISABILITY OR A NEUROCOGNITIVE DISORDER, AS THOSE25
TERMS ARE DEFINED IN SECTION 25.5-10-501, IN WHICH CASE, THE COURT26
SHALL ORDER AN ENHANCED PROTECTIVE PLACEMENT AND LEGAL27
SB26-149-73-
CUSTODY OF THE DEFENDANT TO THE DEPARTMENT OF HEALTH CARE1
POLICY AND FINANCING AND SUPERVISED PURSUANT TO SECTION2
25.5-10-507. AT ANY TIME PRIOR TO TRANSFERRING JURISDICTION TO A3
CIVIL COURT, THE COURT MAY, UPON A RECOMMENDATION FROM OCFMH,4
CHANGE THE DESIGNATION OF THE PRIMARY DIAGNOSIS AND CONVERT THE5
ORDER TO CIVIL COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT, AS6
APPROPRIATE, BASED ON THE DETERMINATION OF OCFMH.7
(b) THE COURT SHALL ISSUE ITS FINDINGS AND ORDERS PURSUANT8
TO THIS SECTION IN WRITING. WHEN THE COURT TRANSFERS JURISDICTION9
TO A CIVIL COURT PURSUANT TO SECTION 27-65-113 OR 25.5-10-509, THE10
COURT SHALL SEND THE CIVIL COURT RECEIVING JURISDICTION ALL THE11
WRITTEN FINDINGS AND ORDERS ENTERED PURSUANT TO THIS SECTION.12
(c) A FTER ORDERING A CIVIL COMMITMENT OR ENHANCED13
PROTECTIVE PLACEMENT OF THE DEFENDANT , THE COURT HAS SEVENTY14
DAYS TO REVIEW AND APPROVE A PLACEMENT FOR THE DEFENDANT, PLACE15
THE DEFENDANT, AND TRANSFER JURISDICTION TO THE APPROPRIATE CIVIL16
COURT; EXCEPT THAT THE COURT MAY EXTEND THE TIME LIMIT WITH THE17
AGREEMENT OF THE DEFENDANT . THE COURT SHALL ORDER THE18
PLACEMENT AND TRANSFER JURISDICTION AS SOON AS PRACTICABLE.19
(d) THE COURT SHALL ALLOW OCFMH, THE PARTIES , AND ANY20
APPOINTED TEMPORARY EMERGENCY GUARDIAN TO BE HEARD REGARDING21
THE DEFENDANT 'S PLACEMENT . IN DETERMINING THE DEFENDANT 'S22
PLACEMENT:23
(I) IF THE COURT FIND MULTIPLE PROVIDERS TO BE APPROPRIATE24
FOR THE DEFENDANT , THE VICTIMS , AND THE COMMUNITY , THE COURT25
SHALL ORDER THE DEFENDANT BE PLACED IN THE LEAST -RESTRICTIVE26
SETTING THAT IS ADE QUATE TO PROTECT THE VICTIMS AND THE27
SB26-149-74-
COMMUNITY AND TO PROVIDE, TO THE GREATEST EXTENT POSSIBLE, THE1
APPROPRIATE LEVEL OF CARE FOR, TREATMENT FOR, AND SUPERVISION OF2
THE DEFENDANT. IF MORE THAN ONE EQUALLY RESTRICTIVE PLACEMENT3
IS AVAILABLE AND APPROPRIATE , THE COURT SHALL ORDER THE4
DEFENDANT BE PLACED INTO A SETTING THAT IS BEST SUITED FOR THE5
DEFENDANT'S TREATMENT NEEDS AND SUPERVISION, AS DETERMINED BY6
OCFMH;7
(II) T HE COURT SHALL GIVE DEFERENCE TO OCFMH'S8
RECOMMENDATION ON ANY ISSUE RELATED TO THE DEFENDANT'S PRIMARY9
DIAGNOSIS. THE COURT SHALL GIVE DEFERENCE TO OCFMH AND THE10
OPINION OF A MEDICAL PROFESSIONAL ON THE APPROPRIATENESS OF THE11
PROVIDER AND PLACEMENT FOR THE DEFENDANT, BUT DEFERENCE MUST12
NOT BE GIVEN TO OCFMH OR A MEDICAL PROFESSIONAL AS TO WHETHER13
THE PLACEMENT SUFFICIENTLY PROTECTS ANY VICTIMS AND THE14
COMMUNITY FROM THE SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS15
POSED BY THE DEFENDANT.16
(III) T HE COURT SHALL REVIEW ANY PLACEMENT PROPOSED BY17
OCFMH TO ENSURE IT IS APPROPRIATE AND SUFFICIENTLY PROTECTS ANY18
VICTIMS AND THE COMMUNITY FROM THE SUBSTANTIAL RISK OF SERIOUS19
HARM TO OTHERS POSED BY THE DEFENDANT . THE COURT SHALL NOT20
PERMIT A DEFENDANT TO BE PLACED INTO A COMMUNITY-BASED SETTING21
UNLESS THE COURT FINDS THE RISK OF HARM POSED BY THE DEFENDANT22
TO THE VICTIMS AND THE COMMUNITY CAN BE REASONABLY MITIGATED23
IN THE COMMUNITY-BASED SETTING AND UNTIL AFTER PROVIDING VICTIMS24
WITH NOTICE AND AN OPPORTUNITY TO BE HEARD.25
(e) W HEN CONSIDERING THE APPROPRIATENESS OF THE26
PLACEMENT FOR THE DEFENDANT , VICTIMS, AND THE COMMUNITY , THE27
SB26-149-75-
COURT SHALL CONSIDER THE TOTALITY OF THE CIRCUMSTANCES ,1
INCLUDING:2
(I) THE DEFENDANT'S STATEMENTS AND WHETHER THE DEFENDANT3
LACKS INSIGHT INTO THE DEFENDANT 'S MENTAL DISABILITY OR4
DEVELOPMENTAL DISABILITY;5
(II) T HE DEFENDANT 'S CLINICAL DIAGNOSIS AND PROGNOSIS ,6
INCLUDING ANY OPINIONS THAT THE DEFENDANT AND THE DEFENDANT'S7
CURRENT MENTAL STATE AND BEHAVIORS POSE RISKS TO OTHERS;8
(III) T HE DEFENDANT 'S REFUSAL TO VOLUNTARILY SEEK AND9
COMPLY WITH A TREATMENT PLAN IN THE RECENT PAST, INCLUDING IN THE10
DEFENDANT'S MOST RECENT PERIOD OF BEING IN THE COMMUNITY;11
(IV) R ECENT OVERT ACTS BY THE DEFENDANT TO THREATEN ,12
CAUSE, OR ATTEMPT TO CAUSE HARM TO THE DEFENDANT 'S SELF OR13
OTHERS;14
(V) A NY PREVIOUS PATTERNS OF DECOMPENSATION OR15
DETERIORATION THAT RESULTED IN THE DEFENDANT'S HOSPITALIZATION,16
ARREST, OR CERTIFICATION FOR SHORT -TERM TREATMENT AND THAT17
DEMONSTRATE A RISK OF LIKELY FUTURE DECOMPENSATION;18
(VI) W HEN THE DEFENDANT WAS LAST OUT OF CUSTODY AND19
WHETHER THE DEFENDANT WAS FOUND IN A C ONDITION IN WHICH THE20
DEFENDANT WAS NOT ABLE TO CARE FOR THE DEFENDANT 'S OWN BASIC21
NEEDS IN ORDER TO AVOID THE RISK OF SERIOUS PHYSICAL HARM; AND22
(VII) T HE FREQUENCY , RECENCY , AND SEVERITY OF THE23
CONSIDERATIONS DESCRIBED IN SUBSECTIONS (10)(e)(II) TO (10)(e)(VI)24
OF THIS SECTION SUCH THAT THE CIRCUMSTANCES ARE PRESENT IN A25
MANNER THAT REQUIRES INPATIENT TREATMENT OR THAT THE26
CIRCUMSTANCES ARE ABSENT IN A MANNER THAT ALLOWS FOR27
SB26-149-76-
COMMUNITY-BASED PLACEMENT.1
(f) (I) I F OCFMH HAS IDENTIFIED AN APPROPRIATE PROVIDER2
THAT WILL ACCEPT PLACEMENT OF THE DEFENDANT , OCFMH SHALL3
IMMEDIATELY INFORM THE COURT AND THE PARTIES , AND THE COURT4
SHALL:5
(A) SET A REVIEW HEARING TO REVIEW THE APPROPRIATENESS OF6
THE PLACEMENT AS SOON AS PRACTICABLE WHILE ENSURING THE PARTIES,7
THE APPOINTED TEMPORARY EMERGENCY GUARDIAN , AND VICTIMS ARE8
GIVEN SUFFICIENT NOTICE AND OPPORTUNITY TO PREPARE AND APPEAR;9
(B) P LACE THE DEFENDANT INTO THE PHYSICAL CARE AND10
CUSTODY OF THE PLACEMENT , IF APPROPRIATE FOR THE DEFENDANT ,11
VICTIMS, AND THE COMMUNITY;12
(C) E NTER AN ORDER TO TRANSPORT THE DEFENDANT TO THE13
PLACEMENT PURSUANT TO SUBSECTION (12) OF THIS SECTION;14
(D) SET A REVIEW HEARING TO ENSURE THE DEFENDANT HAS BEEN15
TRANSPORTED TO THE PLACEMENT; AND16
(E) DISMISS THE DEFENDANT'S CASE.17
(II) I F, BY THE CONCLUSION OF THE TRIAL , OCFMH HAS NOT18
IDENTIFIED AN APPROPRIATE PROVIDER THAT WILL ACCEPT PLACEMENT OF19
THE DEFENDANT , THE COURT SHALL SET A REVIEW HEARING WITHIN20
THIRTY-FIVE DAYS AFTER THE CONCLUSION OF THE TRIAL AND ORDER21
OCFMH, IN CONSULTATION WITH THE BEHAVIORAL HEALTH22
ADMINISTRATION IN CDHS, TO IDENTIFY, PRIOR TO THE REVIEW HEARING,23
AT LEAST ONE APPROPRIATE PROVIDER THAT IS WILLING TO IMMEDIATELY24
ACCEPT PLACEMENT OF THE DEFENDANT.25
(III) A T THE REVIEW HEARING , THE COURT SHALL REVIEW26
WHETHER A PLACEMENT HAS BEEN IDENTIFIED BY OCFMH AND WHETHER27
SB26-149-77-
IT IS APPROPRIATE PURSUANT TO SUBSECTION (10)(d)(III) OF THIS1
SECTION. IF THE COURT HAS NOT IDENTIFIED AN APPROPRIATE PLACEMENT,2
THE COURT MAY CONTINUE THE MATTER FOR AN ADDITIONAL REVIEW3
HEARING WITHIN THE TIME FRAME SET FORTH IN SUBSECTION (10)(c) OF4
THIS SECTION.5
(IV) I F AN APPROPRIATE PLACEMENT IS NOT IDENTIFIED BY6
OCFMH WITHIN THE TIME FRAME SET FORTH IN SUBSECTION (10)(c) OF7
THIS SECTION, THE COURT SHALL PLACE THE DEFENDANT IN THE PHYSICAL8
CARE AND CUSTODY OF THE STATE HOSPITAL ; EXCEPT THAT , IF THE9
DEFENDANT'S PRIMARY DIAGNOSIS INCLUDES AN INTELLECTUAL AND10
DEVELOPMENTAL DISABILITY OR A NEUROCOGNITIVE DISORDER, AS THOSE11
TERMS ARE DEFINED IN SECTION 25.5-10-501, THE COURT SHALL NOT12
PLACE THE DEFENDANT IN THE STATE HOSPITAL UNLESS PLACEMENT IN A13
REGIONAL CENTER, AS DEFINED IN SECTION 25.5-10-501, OR A SKILLED14
NURSING FACILITY IS UNAVAILABLE OR INAPPROPRIATE.15
(11) I N ADDITION TO ANY ORDERS MADE PURSUANT TO THIS16
SECTION, THE COURT SHALL ISSUE ANY ORDERS NECESSARY TO MITIGATE17
THE RESPONDENT'S RISK TO ANY VICTIMS OR THE COMMUNITY, INCLUDING18
ORDERING A PROVIDER THAT HAS ACCEPTED PHYSICAL CUSTODY OF THE19
DEFENDANT TO TAKE REASONABLE AND PRACTICABLE PROTECTIVE20
MEASURES TO PREVENT THE DEFENDANT FROM CONTACTING ANY VICTIMS;21
EXCEPT THAT THE COURT SHALL NOT ORDER THE DEFENDANT TO COMPLY22
WITH ANY CONDITIONS THAT ARE NOT NECESSARY TO MITIGATE THE23
DEFENDANT'S RISK OR WITH WHICH THE DEFENDANT CANNOT COMPLY.24
(12) A FTER THE COURT ORDERS THE PLACEMENT OF THE25
DEFENDANT:26
(a) T HE COURT SHALL , UNLESS OTHER APPROPRIATE27
SB26-149-78-
TRANSPORTATION HAS BEEN APPROVED BY THE COURT , ORDER THE1
SHERIFF TO SECURELY TRANSPORT THE DEFENDANT TO THE ORDERED2
PLACEMENT AS SOON AS PRACTICABLE . THE COURT SHALL SET ANY3
REVIEW HEARINGS NECESSARY TO ENSURE THE DEFENDANT IS4
TRANSPORTED TO THE INITIAL PLACEMENT . THE COURT MAY DELAY5
TRANSPORTATION IF A BED AT A PLACEMENT IS NOT AVAILABLE BUT WILL6
BE AVAILABLE WITHIN THE NEXT THIRTY DAYS.7
(b) T HE COURT, THE DISTRICT ATTORNEY , AND OCFMH SHALL8
TRANSMIT ALL NECESSARY INFORMATION, INCLUDING THE DEFENDANT'S9
MEDICAL RECORDS, COMPETENCY EVALUATIONS, MATERIALS USED DURING10
THE COMPETENCY PROCESS, AND RESTORATION RECORDS, TO THE COUNTY11
ATTORNEY WITHIN THREE BUSINESS DAYS AFTER THE ORDER FOR12
PLACEMENT. THE DISTRICT ATTORNEY AND OCFMH SHALL PROVIDE13
ADDITIONAL NECESSARY INFORMATION UPON REQUEST OF THE COUNTY14
ATTORNEY.15
(13) A FTER THE DEFENDANT HAS BEEN TRANSPORTED TO THE16
PLACEMENT ORDERED BY THE COURT, THE COURT SHALL:17
(a) TRANSFER JURISDICTION OF THE CIVIL COMMITMENT TO A CIVIL18
COURT WITH JURISDICTION PURSUANT TO SECTION 27-65-113 OR19
TRANSFER JURISDICTION OF THE ENHANCED PROTECTIVE PLACEMENT TO20
A CIVIL COURT WITH JURISDICTION PURSUANT TO SECTION 25.5-10-507;21
(b) NOTIFY CDHS AND THE COUNTY ATTORNEY; AND22
(c) DISMISS THE CRIMINAL CASE AGAINST THE DEFENDANT . THE23
COURT SHALL NOTE IN THE COURT 'S FINAL ORDER DISMISSING THE CASE24
THAT THE CHARGES MAY BE REFILED , BUT THE PROSECUTION IS NOT25
PRECLUDED FROM REFILING MERELY BECAUSE THE COURT DID NOT STATE26
SO IN THE ORDER.27
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(14) S UBJECT TO THE APPLICABLE STATUTE OF LIMITATIONS ,1
INCLUDING ANY APPLICABLE TOLLING PROVISIONS , THE DISTRICT2
ATTORNEY MAY REFILE THE CHARGES DISMISSED PURSUANT TO THIS3
SECTION AT A LATER TIME IF THE DISTRICT ATTORNEY HAS REASON TO4
BELIEVE THE DEFENDANT HAS SINCE ATTAINED COMPETENCY.5
(15) I F, AT THE TIME THE DISTRICT ATTORNEY SEEKS CIVIL6
COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT PURSUANT TO THIS7
SECTION, THE DEFENDANT IS ALREADY CIVILLY COMMITTED OR ORDERED8
TO AN ENHANCED PROTECTIVE PLACEMENT IN ANOTHER CASE, THE COURT9
SHALL:10
(a) TAKE JUDICIAL NOTICE OF THE PRIOR CIVIL COMMITMENT OR11
ENHANCED PROTECTIVE PLACEMENT IN LIEU OF CONDUCTING AN12
ADDITIONAL TRIAL;13
(b) O RDER A CIVIL COMMITMENT OR ENHANCED PROTECTIVE14
PLACEMENT OF THE DEFENDANT IN THIS CASE , COMMIT THE DEFENDANT15
TO THE LEGAL CUSTODY OF CDHS, ORDER THE DEFENDANT INTO THE16
DEFENDANT'S CURRENT PLACEMENT , AND TRANSFER JURISDICTION TO17
CIVIL COURT WITH JURISDICTION OVER THE EXISTING CIVIL COMMITMENT18
OR ENHANCED PROTECTIVE PLACEMENT;19
(c) N OTIFY THE CIVIL COURT WITH JURISDICTION OVER THE20
EXISTING CIVIL COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT AND21
APPROPRIATE COUNTY ATTORNEY OF THE ADDITIONAL COMMITMENT22
ORDER;23
(d) ORDER THE DISTRICT ATTORNEY AND OCFMH TO TRANSMIT24
ALL NECESSARY INFORMATION TO THE COUNTY ATTORNEY , INCLUDING25
THE DEFENDANT 'S MEDICAL RECORDS , COMPETENCY EVALUATIONS ,26
MATERIALS USED DURING THE COMPETENCY PROCESS, AND RESTORATION27
SB26-149-80-
RECORDS. THE DISTRICT ATTORNEY AND OCFMH SHALL PROVIDE1
ADDITIONAL NECESSARY INFORMATION UPON REQUEST OF THE COUNTY2
ATTORNEY.3
(e) DISMISS THE CRIMINAL CASE AGAINST THE DEFENDANT.4
16-8.5-119. Dismissal procedures.5
(1) I F, AFTER ALL APPLICABLE STAYS ARE LIFTED , THE COURT6
DISMISSES A DEFENDANT'S CRIMINAL CASE IN WHICH THE DEFENDANT IS7
INCOMPETENT TO PROCEED AT THE TIME OF DISMISSAL:8
(a) THE COURT SHALL ENTER A WRITTEN ORDER WITH THE COURT'S9
LEGAL AND FACTUAL BASIS FOR THE DISMISSAL AND PROVIDE THE10
WRITTEN ORDER TO THE PARTIES AND CDHS;11
(b) THE COURT MAY ORDER THE BRIDGES COURT LIAISON TO ASSIST12
WITH THE DEFENDANT 'S CASE MANAGEMENT PL ANNING AND13
COORDINATION OF SERVICES , INCLUDING COORDINATING WITH14
GOVERNMENTAL ENTITIES OR COMMUNITY-BASED ORGANIZATIONS THAT15
ARE CAPABLE OF PROVIDING RESOURCES TO THE DEFENDANT UPON16
DISMISSAL OF CHARGES;17
(c) THE CHARGES ARE NOT ELIGIBLE FOR SEALING PURSUANT TO18
SECTION 24-72-705; AND19
(d) T HE COURT SHALL REQUIRE CDHS TO ENSURE THAT CASE20
MANAGEMENT SERVICES AND SUPPORTS ARE MADE AVAILABLE TO A21
DEFENDANT RELEASED FROM CDHS'S CUSTODY PURSUANT TO THIS22
ARTICLE 8.5 AFTER THE DEFENDANT'S CRIMINAL CASE IS DISMISSED.23
(2) S UBJECT TO THE APPLICABLE STATUTE OF LIMITATIONS ,24
INCLUDING ANY APPLICABLE TOLLING PROVISIONS , THE DISTRICT25
ATTORNEY MAY REFILE THE CHARGES DISMISSED PURSUANT TO THIS26
SECTION AT A LATER TIME IF THE DISTRICT ATTORNEY HAS REASON TO27
SB26-149-81-
BELIEVE THE DEFENDANT HAS SINCE ATTAINED COMPETENCY. THE COURT1
SHALL NOTE IN THE COURT'S FINAL ORDER DISMISSING THE CASE THAT THE2
CHARGES MAY BE REFILED , BUT THE PROSECUTION IS NOT PRECLUDED3
FROM REFILING MERELY BECAUSE THE COURT DID NOT STATE SO IN THE4
ORDER.5
16-8.5-120. [Formerly 16-8.5-117] Escape - return to6
institution.7
If a defendant committed to the custody of the executive director8
for a competency evaluation or for restoration to competency escapes9
from the institution or hospital, the chief officer of the institution or10
hospital shall apply to the district court for the county in which the11
institution or hospital is located for a warrant of arrest directed to the12
sheriff of the county, commanding the sheriff to take all necessary legal13
action to effect the arrest of the defendant and to return the defendant14
promptly to the institution or hospital. The fact of an escape becomes a15
part of the official record of the defendant and must be certified to the16
committing court as part of the record in any proceeding to determine17
whether the defendant is eligible for release on bond or from custody.18
16-8.5-121. [Formerly 16-8.5-118] Temporary removal for19
treatment and rehabilitation.20
The chief officer of an institution where a defendant has been21
committed pursuant to this article 8.5 may authorize treatment and22
rehabilitation activities involving temporary physical removal of the23
defendant from the institution where the defendant has been placed in24
accordance with the procedures and requirements of section 16-8-118.25
16-8.5-122. [Formerly 16-8.5-120] Competency evaluation26
monitoring system - users - rules.27
SB26-149-82-
(1) The department CDHS, with assistance from the judicial1
department, shall develop an electronic system to track the status of2
defendants in the criminal justice system for whom a competency3
evaluation or competency restoration has been ordered. The system must4
contain information on the following:5
(a) The date the court ordered the COMPETENCY evaluation;6
(b) The dates of and locations where the COMPETENCY evaluation7
was started and completed;8
(c) The date of and location where the defendant entered9
restoration services;10
(d) The dates and results of court reviews of competency;11
(e) Inpatient bed space;12
(f) Community restoration capacity; and13
(g) Financial estimates of costs of each inpatient and outpatient14
program to identify inefficiencies.15
(2) The department CDHS shall establish who has access to enter16
information into the electronic system and who may have read-only17
access to the electronic system.18
16-8.5-123. [Formerly 16-8.5-122] Forensic evaluator training.19
By February 1, 2020, The department shall create a partnership20
with an accredited institution of higher education in the state to develop21
and provide rigorous training in forensic evaluation. On or before January22
1, 2021, Newly hired competency evaluators must SHALL complete a23
training that addresses competency, sanity, report writing, expert24
testimony, and other skills crucial for forensic evaluators; except that25
competency evaluators who are forensic psychiatrists certified or26
certification-eligible by the American board of psychiatry and neurology27
SB26-149-83-
and forensic psychologists who are certified or certification-eligible by1
the American board of forensic psychology may be exempt from any2
training requirements as outlined in this section through an exemption3
process to be developed by the department CDHS. The state will SHALL4
manage an oversight program that will TO provide support and ensure5
quality of forensic evaluators.6
16-8.5-124. Transparency requirements.7
(1) The department CDHS shall post publicly POST on the office8
of civil and forensic mental health's OCFMH'S website:9
(a) All policies and procedures related to competency evaluations,10
restoration services, management of the competency wait list, and11
admission policies regarding inpatient restoration services, including12
services for jail-based restoration and private hospital beds;13
(b) The number of beds currently available and occupied for14
jail-based restoration services;15
(c) The number of beds currently available and occupied in private16
hospitals for inpatient restoration services;17
(d) The number of beds currently available in each state-run18
hospital and occupied by adult civil patients, adult restoration patients,19
and adult not guilty by reason of insanity commitments;20
(e) The number of beds currently available in each state-run21
hospital and occupied by juvenile patients;22
(f) The number of individuals on the competency restoration wait23
list;24
(g) The length of competency wait list times and an explanation25
of the methodology used to calculate the wait times; and26
(h) Any projected dates for the opening of new beds and a27
SB26-149-84-
description of what type of beds will become available.1
16-8.5-125. [Formerly 16-8.5-116.5 (11)] Rules.2
The department shall promulgate such ADOPT rules as necessary3
to EFFECTIVELY AND consistently enforce the provisions of this article 8.5. 4
SECTION 2. In Colorado Revised Statutes, 27-65-102, amend5
(10), (11), and (22); and add (10.2), (23.5), (24.5), and (32) as follows:6
27-65-102. Definitions.7
As used in this article 65, unless the context otherwise requires:8
(10) "Danger to the person's self or others" means9
(a) A person poses a substantial risk of physical harm to the10
person's self as manifested by evidence of recent threats of or attempts at11
suicide or serious bodily harm to the person's self; or12
(b) a person poses a substantial risk of physical harm to another13
person or persons, as manifested by evidence of recent homicidal or other14
violent behavior by the person in question, or by evidence that others are15
placed in reasonable fear of violent behavior and serious physical harm16
to them, as evidenced by a recent overt act, attempt, or threat to do serious17
physical harm by the person in question COMMITTING AN ACT, INCLUDING18
A CRIMINAL ACT, THAT CAUSES PHYSICAL OR PSYCHOLOGICAL HARM TO19
ANYONE OTHER THAN THE PERSON 'S SELF , INCLUDING TO SPECIFIC20
INDIVIDUALS OR THE COMMUNITY IN GENERAL.21
(10.2) "D ANGER TO THE PERSON 'S SELF ", OR SIMILAR22
TERMINOLOGY, MEANS A PERSON POSES A SUBSTANTIAL RISK OF PHYSICAL23
HARM TO THE PERSON 'S SELF AS MANIFESTED BY EVIDENCE OF RECENT24
THREATS OR ATTEMPTS AT SUICIDE OR SERIOUS BODILY HARM TO THE25
PERSON'S SELF.26
(11) "Department" OR "CDHS" means the department of human27
SB26-149-85-
services.1
(22) "Mental health disorder" includes MEANS one or more2
substantial disorders of the cognitive, volitional, or emotional processes3
that grossly impairs judgment or capacity to recognize reality or to control4
behavior An intellectual or developmental disability is insufficient to5
either justify or exclude a finding of a mental health disorder pursuant to6
the provisions of this article 65 AND INCLUDES A MENTAL DISABILITY OR7
DEVELOPMENTAL DISABILITY, AS THOSE TERMS ARE DEFINED IN SECTION8
16-8.5-101, WHICH HAS LED A COURT TO FIND THE PERSON WITH THE9
DISABILITY INCOMPETENT TO PROCEED PURSUANT TO ARTICLE 8.5 OF TITLE10
16.11
(23.5) "O FFICE OF CIVIL AND FORENSIC MENTAL HEALTH " OR12
"OCFMH" MEANS THE OFFICE OF CIVIL AND FORENSIC MENTAL HEALTH IN13
THE DEPARTMENT OF HUMAN SERVICES.14
(24.5) "PERSISTENT MENTAL HEALTH DISORDER" MEANS A PERSON15
WHO HAS A MENTAL HEALTH DISORDER AND:16
(a) THE PERSON HAS HAD ANY COMBINATION OF AT LEAST THREE17
EMERGENCY MENTAL HEALTH HOLDS OR CERTIFICATIONS FOR18
SHORT-TERM TREATMENT ORDERED AGAINST THE PERSON OR PERIODS OF19
INCOMPETENCY IN A CRIMINAL CASE AT THREE SEPARATE TIMES WITHIN20
THE PAST THREE YEARS;21
(b) E VEN IF THERE IS NOT AN IMMINENT EMERGENCY , IF THE22
MENTAL HEALTH DISORDER IS NOT TREATED THROUGH CERTIFICATION FOR23
SHORT-TERM TREATMENT , THERE IS A SUBSTANTIAL PROBABILITY THE24
MENTAL HEALTH DISORDER WILL RESULT IN ADDITIONAL EMERGENCY25
MENTAL HEALTH HOLDS, CERTIFICATIONS FOR SHORT-TERM TREATMENT,26
OR CRIMINAL CONDUCT AGAINST OTHER INDIVIDUALS WITHIN THE NEXT27
SB26-149-86-
YEAR; AND1
(c) THE MENTAL HEALTH DISORDER PRESENTLY SUBSTANTIALLY2
IMPAIRS THE PERSON 'S CAPACITY TO MAKE AN INFORMED TREATMENT3
DECISION OR FOLLOW THROUGH WITH A SUSTAINED TREATMENT PLAN4
WITHOUT BEING CERTIFIED FOR SHORT-TERM TREATMENT.5
(32) "SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS" MEANS AN6
APPRECIABLE AND CONSIDERABLE RISK THAT THE PERSON WILL COMMIT7
A CRIMINAL ACT NOW OR IN THE REASONABLY FORESEEABLE FUTURE THAT8
CAUSES SERIOUS BODILY INJURY , AS DEFINED IN SECTION 18-1-901, TO9
ANOTHER PERSON , OR SIGNIFICANT OR IRREVERSIBLE PSYCHOLOGICAL10
HARM TO ANOTHER PERSON, INCLUDING TO A SPECIFIC INDIVIDUAL OR THE11
COMMUNITY IN GENERAL.12
SECTION 3. In Colorado Revised Statutes, 27-65-104, amend13
(6)(d)(I) introductory portion as follows:14
27-65-104. Voluntary applications for mental health services15
- treatment of minors - definition.16
(6) (d) (I) The minor or the minor's attorney or guardian ad litem17
may, at any time after the minor has continued to affirm the minor's18
objection to hospitalization pursuant to subsection (6)(b) of this section,19
file a written request that the recommendation for continued20
hospitalization be reviewed by the court or that the treatment be on an21
outpatient basis. If review is requested, the court shall hear the matter22
within ten days after the request, and the court shall give notice of the23
time and place of the hearing to the minor; the minor's attorney, if any;24
the minor's parents or legal guardian; the minor's guardian ad litem, if25
any; the independent professional person; and the minor's treating team.26
The hearing must be held in accordance with section 27-65-113 SECTION27
SB26-149-87-
27-65-113.1; except that the court or jury shall determine that the minor1
is in need of care and treatment if the court or jury makes the following2
findings:3
SECTION 4. In Colorado Revised Statutes, 27-65-106, amend4
(1) introductory portion, (1)(a), (1)(b)(I), (2), (3), (4)(a)(III), (4)(c), (4)(d),5
(6)(a), (8)(d)(I), and (10)(b); and add (7)(a.5) and (10)(e) as follows:6
27-65-106. Emergency mental health hold - screening -7
court-ordered evaluation - discharge instructions - respondent's8
rights.9
(1) An emergency mental health hold may be invoked INITIATED10
under one of the following conditions:11
(a) (I) When a certified peace officer has probable cause to12
believe a person has a mental health disorder and, as a result of the mental13
health disorder, is an imminent danger to the person's self, or AN14
IMMINENT DANGER TO others, or is gravely disabled, the certified peace15
officer may take the person into protective custody and transport the16
person to a facility designated by the commissioner for an emergency17
mental health hold. If such a facility is not available, the certified peace18
officer may transport the person to an emergency medical services19
facility. The certified peace officer may request assistance from a20
behavioral health crisis response team for assistance in detaining and21
transporting the person or an emergency medical services provider in22
transporting the person; or23
(II) When an intervening professional reasonably believes that a24
person appears to have a mental health disorder and, as a result of the25
mental health disorder, appears to be an imminent danger to the person's26
self, or AN IMMINENT DANGER TO others, or appears to be gravely27
SB26-149-88-
disabled, the intervening professional may cause the person to be taken1
into protective custody and transported to a facility designated by the2
commissioner for an emergency mental health hold. If such a facility is3
not available, the certified peace officer may transport the person to an4
emergency medical services facility. The intervening professional may5
request assistance from a certified peace officer, a secure transportation6
provider, or a behavioral health crisis response team for assistance in7
detaining and transporting the person, or assistance from an emergency8
medical services provider in transporting the person.9
(b) (I) When a person petitions the court in the county in which10
the respondent resides or is physically present requesting an evaluation of11
the respondent's condition and alleging that the respondent HAS A12
PERSISTENT MENTAL HEALTH DISORDER OR appears to have a mental13
health disorder and, as a result of the mental health disorder, appears to14
be a danger to the respondent's self, or A DANGER TO others, or appears to15
be gravely disabled.16
(2) (a) When a person is taken into custody pursuant to subsection17
(1) of this section, the person must not be detained in a jail, lockup, or18
other place used for the confinement of persons charged with or convicted19
of penal offenses. Unless otherwise required by law, a certified peace20
officer may transport the person to an emergency medical services facility21
or facility designated by the commissioner even if a warrant has been22
issued for the person's arrest if the certified peace officer believes it is in23
the best interest of the person. The person must not be held on an24
emergency mental health hold for longer than seventy-two hours after the25
hold is placed or ordered. Nothing in this section prohibits an emergency26
medical services facility from involuntarily holding the person in order to27
SB26-149-89-
stabilize the person as required pursuant to the federal "Emergency1
Medical Treatment and Labor Act", 42 U.S.C. sec. 1395dd, or if the2
treating professional determines that the individual's PERSON'S physical3
or mental health disorder impairs the person's ability to make an informed4
decision to refuse care and the provider determines that further care is5
indicated.6
(b) THIS SECTION DOES NOT PRECLUDE:7
(I) A COURT FROM ORDERING AN EVALUATION OF A PERSON WHEN8
THE PERSON IS CONFINED IF THE PERSON IS LAWFULLY CONFINED IN JAIL,9
LOCKUP, OR ANOTHER PLACE USED FOR CONFINING INDIVIDUALS CHARGED10
WITH, OR CONVICTED OF , A PENAL OFFENSE FOR ANY OTHER LAWFUL11
REASON;12
(II) A COURT FROM ORDERING THE DETAINED PERSON TO BE13
TRANSPORTED TO AN EMERGENCY MEDICAL SERVICES FACILITY OR A14
FACILITY DESIGNATED BY THE COMMISSIONER; OR15
(III) A PERSON OR ENTITY THAT HAS CARE AND CUSTODY OF A16
DETAINED PERSON FROM TRANSPORTING THE DETAINED PERSON TO AN17
EMERGENCY MEDICAL SERVICES FACILITY OR FACILITY DESIGNATED BY18
THE COMMISSIONER.19
(3) When a person is placed on an emergency mental health hold20
pursuant to subsection (1) of this section and is presented to an21
emergency medical services facility or a facility designated by the22
commissioner, the facility shall require a BHA-approved application in23
writing, stating the circumstances under which the person's condition was24
called to the attention of the intervening professional or certified peace25
officer and further stating sufficient facts, obtained from the intervening26
professional's or certified peace officer's personal observations or27
SB26-149-90-
obtained from others whom the intervening professional or certified peace1
officer reasonably believes to be reliable, to establish that the person has2
a mental health disorder and, as a result of the mental health disorder, is3
an imminent danger to the person's self, or A DANGER TO others, or is4
gravely disabled. The application must indicate when the person was5
taken into custody and who brought the person's condition to the attention6
of the intervening professional or certified peace officer. A copy of the7
application must be furnished to the person being evaluated, and the8
application must be retained in accordance with section 27-65-123 (4).9
(4) (a) The petition for a court-ordered evaluation filed pursuant10
to subsection (1)(b) of this section must contain the following:11
(III) Allegations of fact indicating that the respondent may have12
a mental health disorder and, as a result of the mental health disorder,13
MAY be a danger to the respondent's self, or A DANGER TO others, or be14
gravely disabled and showing reasonable grounds to warrant an15
evaluation;16
(c) Following the screening described in subsection (4)(b) of this17
section, the facility, intervening professional, or certified peace officer18
designated by the court shall file a report with the court and may initiate19
an emergency mental health hold at the time of screening. The report20
must include a recommendation as to whether probable cause exists to21
believe that the respondent HAS A PERSISTENT MENTAL HEALTH DISORDER,22
OR has a mental health disorder and, as a result of the mental health23
disorder, is a danger to the respondent's self, or A DANGER TO others, or24
is gravely disabled, and whether the respondent will voluntarily receive25
evaluation or treatment. The screening report submitted to the court26
pursuant to this subsection (4)(c) is confidential in accordance with27
SB26-149-91-
section 27-65-123 and must be furnished to the respondent or the1
respondent's attorney or personal representative.2
(d) Whenever it appears, by petition and screening pursuant to this3
section, to the satisfaction of the court that probable cause exists to4
believe that the respondent HAS A PERSISTENT MENTAL HEALTH DISORDER,5
OR has a mental health disorder and, as a result of the mental health6
disorder, is a danger to the respondent's self, or A DANGER TO others, or7
is gravely disabled, and that efforts have been made to secure the8
cooperation of the respondent but the respondent has refused or failed to9
accept AN evaluation voluntarily, the court shall issue an order for AN10
evaluation authorizing a certified peace officer or secure transportation11
provider to take the respondent into custody and transport the respondent12
to a facility designated by the commissioner for an emergency mental13
health hold. At the time the respondent is taken into custody, a copy of the14
petition and the order for AN evaluation must be given to the respondent15
and promptly thereafter to the one lay person designated by the16
respondent and to the person in charge of the facility named in the order17
or the respondent's designee. If the respondent refuses to accept a copy of18
the petition and the order for AN evaluation, such THE refusal must be19
documented in the petition and the order for THE evaluation.20
(6) (a) Each person detained for an emergency mental health hold21
pursuant to this section shall receive an evaluation as soon as possible22
after the person is presented PRESENTS to the facility, OR AS SOON AS23
POSSIBLE WHERE THE PERSON IS CONFINED FOR A CRIMINAL CHARGE IF THE24
PERSON IS ALREADY LAWFULLY CONFINED IN JAIL, LOCKUP, OR ANOTHER25
PLACE USED FOR CONFINING A PERSON CHARGED WITH OR CONVICTED OF26
A PENAL OFFENSE , and shall receive such treatment and care as the27
SB26-149-92-
person's condition requires for the full period that the person is held. The1
evaluation must include an assessment to determine if the person2
continues to meet the criteria for an emergency mental health hold and3
requires further mental health care in a facility designated by the4
commissioner. The evaluation must state whether the person should be5
released, referred for further care and treatment on a voluntary basis, or6
certified for short-term treatment pursuant to section 27-65-109.7
(7) (a.5) A PERSON WHO IS LAWFULLY CONFINED FOR A CRIMINAL8
CHARGE IN JAIL, LOCKUP, OR ANOTHER PLACE USED TO CONFINE A PERSON9
CHARGED WITH OR CONVICTED OF A PENAL OFFENSE MAY BE PLACED ONLY10
IN A SECURE PLACEMENT OR MAY BE CARED FOR IN THE PERSON 'S PLACE11
OF CONFINEMENT WHILE THE PERSON IS LAWFULLY DETAINED. IF A PERSON12
PLACED UNDER AN EMERGENCY MENTAL HEALTH HOLD IS RELEASED FROM13
CONFINEMENT, THE PERSON OR ENTITY RESPONSIBLE FOR THE PERSON 'S14
CONFINEMENT SHALL COORDINATE WITH THE BHA TO TRANSFER THE15
PERSON TO AN EMERGENCY MEDICAL SERVICES FACILITY OR A FACILITY16
DESIGNATED BY THE COMMISSIONER.17
(8) (d) (I) The facility shall, at a minimum, attempt to follow up18
with the person, the person's parent or legal guardian, or the person's lay19
person at least forty-eight SEVENTY-TWO hours after discharge. The20
facility is encouraged to utilize peer support professionals, as defined in21
section 27-60-108 (2)(b), when performing follow-up care with22
individuals and in developing a continuing care plan pursuant to23
subsection (8)(a)(I) of this section. The facility may facilitate follow-up24
care through contracts with community-based behavioral health providers25
or the 988 crisis hotline operated pursuant to section 27-64-103. If the26
facility facilitates follow-up care through a third-party contract, the27
SB26-149-93-
facility shall obtain authorization from the person to provide follow-up1
care.2
(10) (b) A person's rights under PURSUANT TO this subsection (10)3
may only be denied if access to the item, program, or service causes the4
person to destabilize or creates a danger to the person's self or A DANGER5
TO others, as determined by a licenced LICENSED provider involved in the6
person's care. Denial of any right must be entered into the person's7
treatment record and must be made available, upon request, to the person,8
the person's legal guardian, or the person's attorney.9
(e) NOTWITHSTANDING SUBSECTION (10)(b) OF THIS SECTION , A10
PERSON'S RIGHTS PURSUANT TO THIS SUBSECTION (10) MAY BE RESTRICTED11
IN ANY MANNER ALLOWED BY LAW IF THE PERSON IS LAWFULLY CONFINED12
FOR A CRIMINAL CHARGE IN JAIL , LOCKUP, OR ANOTHER PLACE USED TO13
CONFINE INDIVIDUALS CHARGED WITH OR CONVICTED OF A PENAL14
OFFENSE.15
SECTION 5. In Colorado Revised Statutes, 27-65-107, amend16
(1), (2), (4)(a)(IV), and (4)(b) as follows:17
27-65-107. Emergency transportation - application - screening18
- respondent's rights.19
(1) (a) When IF a certified peace officer or emergency medical20
services provider has probable cause to believe a person is experiencing21
a behavioral health crisis or is AND, WITHOUT PROFESSIONAL22
INTERVENTION, MAY BE A DANGER TO THE PERSON 'S SELF, A DANGER TO23
OTHERS, OR gravely disabled, and, as a result, without professional24
intervention the person may be a danger to the person's self or others, then25
the certified peace officer or emergency medical services provider may26
take the person into protective custody and transport the person to an27
SB26-149-94-
outpatient mental health facility or a facility designated by the1
commissioner or other clinically appropriate facility designated by the2
commissioner. If such a service A FACILITY is not available, the person3
may be taken to an emergency medical services facility.4
(b) An individual A PERSON may not be transported pursuant to5
this subsection (1) if an intervening professional has assessed the person6
during the same emergency event and determined the individual PERSON7
does not meet the criteria for an emergency mental health hold pursuant8
to section 27-65-106.9
(c) If a behavioral heath crisis response team is known to be10
available in a timely manner, the certified peace officer or emergency11
medical services provider shall access the behavioral health crisis12
response team prior to INVOLUNTARILY transporting an individual13
involuntarily A PERSON pursuant to this subsection (1).14
(2) When a person is transported against the person's will pursuant15
to subsection (1) of this section, the facility shall require an application,16
in writing, stating the circumstances under which the person's condition17
was called to the attention of the certified peace officer or emergency18
medical services provider and further stating sufficient facts, obtained19
from personal observations or obtained from others whom the certified20
peace officer or emergency medical services provider reasonably believes21
to be reliable, to establish that the person is experiencing a behavioral22
health crisis or is gravely disabled and, as a result, it is believed that23
without professional intervention the person may be a danger to the24
person's self or A DANGER TO others. The application must indicate the25
name of the person and the time the person was transported. A copy of the26
application must be furnished to the person being transported.27
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(4) (a) A person detained pursuant to this section has the1
following rights while being detained, which must be explained to the2
person before being transported to a receiving facility:3
(IV) To keep and use the person's cell phone, unless access to the4
cell phone cau ses the person to destabilize or creates a danger to the5
person's self or A DANGER TO others, as determined by a provider, facility6
staff member, or security personnel involved in the person's care;7
(b) A person's rights pursuant to subsection (4)(a) of this section8
may only be denied if access to the item, program, or service causes the9
person to destabilize or creates a danger to the person's self or A DANGER10
TO others, as determined by a licensed provider involved in the person's11
care or transportation. Denial of any right must be entered into the12
person's treatment record or BHA-approved form. Information pertaining13
to a denial of rights contained in the person's treatment record must be14
made available, upon request, to the person, the person's attorney, or the15
person's lay person.16
SECTION 6. In Colorado Revised Statutes, amend 27-65-108 as17
follows:18
27-65-108. Care coordination for persons certified or in need19
of ongoing treatment.20
(1) A facility designated by the commissioner shall notify and21
engage the BHA prior to terminating or transferring a person certified22
pursuant to section 27-65-108.5, 27-65-109, 27-65-110, or 27-65-111.23
The BHA may SHALL provide care coordination services to support a24
person whose certification is terminated but who is in need of ongoing25
treatment and services.26
(2) The BHA shall, directly or through a contract, provide care27
SB26-149-96-
coordination services to a person certified pursuant to section1
27-65-108.5, 27-65-109, 27-65-110, or 27-65-111 and determined by the2
designated facility and the BHA to need care coordination services.3
SECTION 7. In Colorado Revised Statutes, add 27-65-108.1 as4
follows:5
27-65-108.1. Court supervision of incompetent and6
unrestorable person ordered into civil commitment.7
(1) ONCE A CRIMINAL COURT HAS TRANSFERRED JURISDICTION OF8
A CIVIL COMMITMENT PURSUANT TO SECTION 16-8.5-118 TO A CIVIL COURT9
WITH JURISDICTION PURSUANT TO SECTION 27-65-113, THE CIVIL COURT10
HAS EXCLUSIVE JURISDICTION OVER THE CIVIL COMMITMENT.11
(2) UPON RECEIVING JURISDICTION OF A CIVIL COMMITMENT, THE12
CIVIL COURT SHALL:13
(a) NOTIFY THE COUNTY ATTORNEY;14
(b) APPOINT AN ATTORNEY TO REPRESENT THE RESPONDENT AND15
PROVIDE COPIES OF ANY DOCUMENTS SENT FROM THE CRIMINAL COURT TO16
THE RESPONDENT'S ATTORNEY; AND17
(c) S ET A REVIEW HEARING AND ORDER THE RESP ONDENT18
BROUGHT BEFORE THE COURT.19
(3) AT THE REVIEW HEARING, THE COURT SHALL:20
(a) ENSURE THE RESPONDENT IS REPRESENTED BY COUNSEL; AND21
(b) ADVISE THE RESPONDENT OF THE FOLLOWING RIGHTS:22
(I) THE RIGHT TO APPEAR IN PERSON AT ANY PROCEEDING, UNLESS23
WAIVED BY THE RESPONDENT;24
(II) T HE RIGHT TO BE REPRESENTED BY PRIVATELY RETAINED25
COUNSEL, OR COURT-APPOINTED COUNSEL IF THE RESPONDENT DOES NOT26
HAVE PRIVATELY RETAINED COUNSEL , DURING ANY PROCEEDING HELD27
SB26-149-97-
PURSUANT TO THIS ARTICLE 65, INCLUDING ANY APPEALS;1
(III) THE RIGHT TO REQUEST MODIFICATION OF THE TERMS OF THE2
CIVIL COMMITMENT; AND3
(IV) THE RIGHT TO PERIODIC REVIEW OF THE CIVIL COMMITMENT4
AND THE RIGHT TO CONTEST , INCLUDING BY TRIAL , WHETHER THE5
RESPONDENT QUALIFIES FOR TERMINATION OF CIVIL COMMITMENT.6
(4) A T ANY TIME DURING THE CIVIL COMMITMENT , THE COURT7
MAY:8
(a) M ODIFY ANY COURT ORDER OR ANY TERM OF THE CIVIL9
COMMITMENT UPON REQUEST OF THE PARTIES AFTER GIVING THE PARTIES10
AN OPPORTUNITY TO OBJECT AND BE HEARD;11
(b) ISSUE A WARRANT FOR THE RESPONDENT'S ARREST AND ORDER12
THE RESPONDENT BE BROUGHT BEFORE THE COURT IF THE COURT13
DETERMINES THE RESPONDENT HAS FAILED TO COMPLY WITH ANY OF THE14
COURT'S ORDERS , INCLUDING THE RESPONDENT 'S UNAUTHORIZED15
DEPARTURE FROM THE PHYSICAL CUSTODY OF A PROVIDER;16
(c) ORDER OCFMH TO PROVIDE TO THE COURT:17
(I) AN UPDATED OPINION ON WHETHER THE RESPONDENT MEETS18
THE CRITERIA FOR TERMINATION OF CIVIL COMMITMENT PURSUANT TO19
SECTION 27-65-108.2; AND20
(II) A N OPINION ON WHETHER THE RESPONDENT HAS AN21
INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR NEUROCOGNITIVE22
DISORDER, AS THOSE TERMS ARE DEFINED IN SECTION 25.5-10-501,23
WITHOUT HAVING ANY OTHER MENTAL HEALTH DISORDER THAT IS NOT AN24
INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR NEUROCOGNITIVE25
DISORDER AND THAT SUBSTANTIALLY CONTRIBUTES TO WHETHER THE26
RESPONDENT IS A DANGER TO THE RESPONDENT 'S SELF OR A DANGER TO27
SB26-149-98-
OTHERS, OR IS GRAVELY DISABLED.1
(d) U PON THE REQUEST OF ANY PARTY , THE REQUEST OF THE2
INDIVIDUAL OR ENTITY WITH PHYSICAL CARE AND CUSTODY OF THE3
RESPONDENT, OR THE COURT'S OWN MOTION, CONDUCT A REVIEW OF THE4
RESPONDENT'S PLACEMENT AND ENTER ANY ORDERS NECESSARY FOR5
SHARING OR RECEIVING INFORMATION NECESSARY TO REVIEW AND MODIFY6
THE PLACEMENT;7
(e) ORDER, AS NECESSARY, APPROPRIATE ENTITIES, INCLUDING THE8
SHERIFF, TO BRING THE RESPONDENT BEFORE THE COURT OR TAKE THE9
RESPONDENT TO THE PLACEMENT WHERE PHYSICAL CUSTODY OF THE10
RESPONDENT HAS BEEN ORDERED;11
(f) A PPOINT A LEGAL GUARDIAN PURS UANT TO ARTICLE 14 OF12
TITLE 15; OR13
(g) ISSUE ORDERS AS NECESSARY TO EFFECTUATE AND ENFORCE14
THE COURT'S POWERS AND RESPONSIBILITIES PURSUANT TO THIS SECTION,15
INCLUDING AUTHORIZATION FOR THE REASONABLE USE OF FORCE ,16
WARRANTS FOR THE ARREST OF THE RESPONDENT , OR CONTEMPT17
PROCEEDINGS AGAINST A NONCOMPLIANT INDIVIDUAL OR ENTITY.18
(5) (a) THE COURT SHALL ENSURE THE RESPONDENT IS PLACED IN19
THE LEAST-RESTRICTIVE PLACEMENT ADEQUATE TO PROTECT THE VICTIM20
AND THE COMMUNITY AND PROVIDE, TO THE GREATEST EXTENT POSSIBLE,21
THE APPROPRIATE LEVEL OF CARE, TREATMENT, AND SUPERVISION OF THE22
RESPONDENT.23
(b) PRIOR TO MODIFYING THE CIVIL COMMITMENT TO CHANGE THE24
RESPONDENT'S PROVIDER OR PLACEMENT, THE COURT SHALL REVIEW THE25
APPROPRIATENESS OF THE PROPOSED PROVIDER OR PLACEMENT ,26
INCLUDING WHETHER THE PROVIDER FITS THE RESPONDENT 'S DIAGNOSIS27
SB26-149-99-
AND TREATMENT NEEDS AND WHETHER THE PLACEMENT SUFFICIENTLY1
PROTECTS THE COMMUNITY FROM THE SUBSTANTIAL RISK OF SERIOUS2
HARM TO OTHERS POSED BY THE RESPONDENT.3
(c) U PON REQUEST , THE COURT SHALL PERMIT OCFMH, THE4
PARTIES, OR THE APPOINTED LEGAL GUARDIAN THE OPPORTUNITY TO5
OBJECT AND BE HEARD PRIOR TO THE COURT'S DECISION. THE COURT MAY6
PERMIT TESTIMONY IF THE COURT BELIEVES IT WOULD BE HELPFUL TO THE7
COURT'S DECISION.8
(d) WHEN DECIDING WHETHER TO APPROVE THE NEW PROVIDER OR9
PLACEMENT, THE COURT SHALL GIVE DUE DEFERENCE TO OCFMH AND10
THE OPINION OF ANY MEDICAL PROFESSIONAL ON THE APPROPRIATENESS11
OF THE PROVIDER AND PLACEMENT FOR THE RESPONDENT, VICTIMS, AND12
COMMUNITY, BUT DEFERENCE MUST NOT BE GIVEN TO OCFMH OR A13
MEDICAL PROFESSIONAL AS TO WHETHER THE PLACEMENT SUFFICIENTLY14
PROTECTS ANY VICTIMS AND THE COMMUNITY FROM THE SUBSTANTIAL15
RISK OF SERIOUS HARM TO OTHERS POSED BY THE RESPONDENT . WHEN16
CONSIDERING THE APPROPRIATENESS OF THE PLACEMENT FOR THE17
RESPONDENT, VICTIMS, AND COMMUNITY , THE COURT SHALL CONSIDER18
THE TOTALITY OF THE CIRCUMSTANCES, INCLUDING:19
(I) T HE RESPONDENT 'S STATEMENTS AND INSIGHTS INTO THE20
RESPONDENT'S MENTAL HEALTH DISORDER;21
(II) THE CLINICAL DIAGNOSIS AND CLINICAL PERSPECTIVE ON THE22
RESPONDENT'S CURRENT MENTAL STATE AND PROGNOSIS;23
(III) T HE RESPONDENT 'S WILLINGNESS AND DEMONSTRATED24
ABILITY TO VOLUNTARILY SEEK AND COMPLY WITH A TREATMENT PLAN IN25
THE REASONABLY FORESEEABLE FUTURE;26
(IV) R ECENT OVERT ACTS BY THE RESPONDENT TO THREATEN ,27
SB26-149-100-
CAUSE, OR ATTEMPT TO CAUSE HARM TO THE RESPONDENT 'S SELF OR1
OTHERS;2
(V) PREVIOUS PATTERNS OF DETERIORATION THAT RESULTED IN3
THE RESPONDENT 'S HOSPITALIZATION , ARREST , OR CERTIFICATION FOR4
SHORT-TERM TREATMENT;5
(VI) W HETHER THE RESPONDENT WAS F OUND IN A CONDITION6
WHERE THE RESPONDENT WAS NOT ABLE TO CARE FOR THE RESPONDENT'S7
OWN BASIC NEEDS IN ORDER TO AVOID THE RISK OF SERIOUS PHYSICAL8
HARM; AND9
(VII) T HE FREQUENCY , RECENCY , AND SEVERITY OF THE10
CONSIDERATIONS DESCRIBED IN SUBSECTIONS (5)(d)(II) TO (5)(d)(VI) OF11
THIS SECTION AND THE LIKELIHOOD THAT THE CONDITIONS AND EVENTS12
WILL REOCCUR WITHOUT INPATIENT TREATMENT.13
(e) T HE COURT SHALL NOT MODIFY THE CIVIL COMMITMENT TO14
PLACE THE RESPONDENT INTO A STATE HOSPITAL UNLESS THE COURT HAS15
EXHAUSTED ALL REASONABLE ATTEMPTS TO FIND AN ALTERNATIVE AND16
NO OTHER LESS -RESTRICTIVE PLACEMENTS ARE ADEQUATE TO PROTECT17
THE VICTIM AND THE COMMUNITY.18
(f) THE COURT SHALL NOT PERMIT OR ORDER A RESPONDENT TO BE19
PLACED INTO A COMMUNITY -BASED SETTING FOR THE FIRST TIME SINCE20
BEING CIVILLY COMMITTED UNLESS:21
(I) ANY VICTIMS HAVE BEEN NOTIFIED OF A CRITICAL STAGE , AS22
DEFINED IN SECTION 24-4.1-302 (2)(q.3), AND GIVEN THE OPPORTUNITY TO23
BE HEARD; AND24
(II) T HE DISTRICT ATTORNEY IN THE CASE THAT SOUGHT CIVIL25
COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT HAS BEEN NOTIFIED26
AND GIVEN AN OPPORTUNITY TO OBJECT AND BE HEARD.27
SB26-149-101-
(g) I F THE COURT MODIFIES THE RESPONDENT 'S PROVIDER OR1
PLACEMENT, THE COURT SHALL ISSUE ANY ORDERS NECESSARY TO2
MITIGATE THE RESPONDENT'S RISK TO ANY VICTIMS OR THE COMMUNITY,3
INCLUDING ORDERING THE PROVIDER TO TAKE REASONABLE AND4
PRACTICABLE PROTECTIVE MEASURES TO PREVENT THE RESPONDENT FROM5
CONTACTING ANY VICTIMS; EXCEPT THAT THE COURT SHALL NOT ORDER6
THE RESPONDENT TO COMPLY WITH ANY CONDITIONS THAT ARE NOT7
NECESSARY TO MITIGATE THE RESPONDENT 'S RISK OR WITH WHICH THE8
RESPONDENT CANNOT COMPLY.9
(6) (a) I F THE COURT ORDERS THE RESPONDENT TO BE PLACED10
WITHIN CDHS, THE EXECUTIVE DIRECTOR OF CDHS SHALL DESIGNATE11
THE STATE FACILITY AT WHICH THE RESPONDENT IS HELD FOR CARE AND12
TREATMENT AND MAY TRANSFER THE RESPONDENT FROM ONE FACILITY TO13
ANOTHER IF , IN THE OPINION OF THE EXECUTIVE DIRECTOR , IT IS14
APPROPRIATE TO DO SO IN THE INTEREST OF THE PROPER CARE, CUSTODY,15
AND TREATMENT OF THE RESPONDENT OR FOR THE PROTECTION OF THE16
PUBLIC OR PERSONNEL AT THE FACILITIES IN QUESTION.17
(b) N OTWITHSTANDING SUBSECTION (6)(a) OF THIS SECTION ,18
CDHS SHALL:19
(I) E NSURE THE RESPONDENT IS PLACED IN THE20
LEAST-RESTRICTIVE PLACEMENT ADEQUATE TO PROTECT THE VICTIM AND21
THE COMMUNITY AND PROVIDE, TO THE GREATEST EXTENT POSSIBLE, THE22
APPROPRIATE LEVEL OF CARE , TREATMENT , AND SUPERVISION OF THE23
RESPONDENT; AND24
(II) N OT PLACE THE RESPONDENT IN A COMMUNITY -BASED25
SETTING FOR THE FIRST TIME SINCE THE RESP ONDENT WAS CIVILLY26
COMMITTED WITHOUT PRIOR APPROVAL OF THE COURT PURSUANT TO27
SB26-149-102-
SUBSECTION (5) OF THIS SECTION.1
(7) T ERMINATION OF THE CIVIL COMMITMENT IS GOVERNED BY2
SECTION 27-65-108.2.3
(8) T HE PROVIDER CHARGED WITH THE PHYSICAL CARE AND4
CUSTODY OF THE RESPONDENT SHALL SUBMIT A REPORT TO THE COURT5
AND THE PARTIES ANNUALLY BY THE DATE THE RESPONDENT WAS CIVILLY6
COMMITTED UNLESS A SUBSTANTIALLY SIMILAR EXAMINATION WAS7
ORDERED BY THE COURT WITHIN THE PREVIOUS TWELVE MONTHS . THE8
REPORT MUST INCLUDE:9
(a) THE PROVIDER'S OPINION ABOUT WHETHER THE RESPONDENT:10
(I) M EETS THE CRITERIA FOR SHORT -TERM CERTIFICATION11
PURSUANT TO SECTION 27-65-108.3 (1) OR SHORT -TERM PROTECTIVE12
PLACEMENT PURSUANT TO SECTION 25.5-10-503 (1);13
(II) CONTINUES TO MEET THE CRITERIA FOR CIVIL COMMITMENT14
PURSUANT TO SECTION 16-8.5-118;15
(III) M EETS THE CRITERIA FOR ENHANCED PROTECTIVE16
PLACEMENT PURSUANT TO SECTION 16-8.5-118;17
(IV) IS APPROPRIATELY PLACED; AND18
(V) M EETS THE CRITERIA FOR TERMINATION OF THE CIVIL19
COMMITMENT PURSUANT TO SECTION 27-65-108.2;20
(b) A SUMMARY OF THE MATERIALS REVIEWED , ASSESSMENTS21
CONDUCTED, AND OTHER BASES OF OPINIONS RENDERED;22
(c) T HE RESPONDENT 'S DIAGNOSIS AND WHETHER THE23
RESPONDENT'S SYMPTOMS ARE IN REMISSION;24
(d) A SUMMARY OF THE SERVICES OR TREATMENT PROVIDED TO25
THE RESPONDENT SINCE THE LAST REPORT AND THE RESPONDENT 'S26
PROGRESS;27
SB26-149-103-
(e) A SUMMARY OF THE RESPONDENT 'S COMPLIANCE WITH1
TREATMENT OR SERVICES, INCLUDING INFORMATION ABOUT MEDICATIONS2
CURRENTLY PRESCRIBED TO THE RESPONDENT AND WHETHER THE3
RESPONDENT IS COMPLIANT WITH TAKING THE PRESCRIBED MEDICATIONS;4
(f) A N ASSESSMENT OF THE RESPONDENT 'S RISK OF HARM TO5
OTHERS;6
(g) A SUMMARY OF THE RESPONDENT 'S TREATMENT OR SERVICE7
NEEDS BY UTILIZING EVIDENCE -BASED STANDARDS OF INDIVIDUALIZED8
TREATMENT AND MANAGEMENT OF INDIVIDUALS CIVILLY COMMITTED;9
(h) A SUMMARY OF THE SPECIFIC TREATMENT OR SERVICE OPTIONS10
AVAILABLE TO THE RESPONDENT IN THE COMMUNITY AND THE SPECIFIC11
TREATMENT OR SERVICE OPTIONS AVAILABLE TO THE RESPONDENT AT A12
FACILITY DESIGNATED BY THE EXECUTIVE DIRECTOR OF CDHS;13
(i) A SUMMARY OF WHETHER AND HOW ONGOING RISKS COULD BE14
MITIGATED IF THE RESPONDENT WERE PLACED IN THE COMMUNITY; AND15
(j) S PECIFIC FACTS AND EVIDENCE SUPPORTING EACH OPINION16
MADE PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION.17
(9) T HE COURT MAY ORDER ANY TREATMENT OR SERVICE18
PROVIDER WHO HAS AGREED OR WHO HAS BEEN ORDERED TO PROVIDE19
SERVICES OR TREATMENT TO THE RESPONDENT TO ISSUE REGULAR20
PROGRESS REPORTS CONTAINING INFORMATION REQUIRED PURSUANT TO21
SUBSECTION (8) OF THIS SECTION OR OTHER INFORMATION DEEMED22
NECESSARY FOR THE COURT'S SUPERVISION OF THE CIVIL COMMITMENT.23
(10) (a) T HE COURT MAY , UPON A SHOWING OF GOOD CAUSE ,24
ORDER AN EXAMINATION BY A PSYCHOLOGIST OR PSYCHIATRIST25
REGARDING THE RESPONDENT 'S PROGRESS WITH TREATMENT AND26
WHETHER THE RESPONDENT MEETS THE CRITERIA FOR CONVERSION OF THE27
SB26-149-104-
CIVIL COMMITMENT TO AN ENHANCED PROTECTIVE PLACEMENT ,1
CERTIFICATION FOR SHORT -TERM TREATMENT , OR SHORT -TERM2
PROTECTIVE PLACEMENT, OR MEETS THE CRITERIA FOR TERMINATION OF3
THE CIVIL COMMITMENT PURSUANT TO SECTION 27-65-108.2. THE4
RESPONDENT SHALL COOPERATE WITH ANY EXAMINATIONS ORDERED5
PURSUANT TO THIS SUBSECTION (10)(a).6
(b) S TATEMENTS MADE BY THE RESPONDENT DURING AN7
EXAMINATION CONDUCTED PURSUANT TO THIS SUBSECTION (10) MUST NOT8
BE USED IN ANY CRIMINAL PROSECUTION.9
SECTION 8. In Colorado Revised Statutes, add 27-65-108.2 as10
follows:11
27-65-108.2. Termination of civil commitment. 12
(1) T HE COURT SHALL TERMINATE A RESPONDENT 'S CIVIL13
COMMITMENT ORDERED PURSUANT TO SECTION 27-65-108.1 IF THE14
RESPONDENT:15
(a) NO LONGER POSES A SUBSTANTIAL RISK OF SERIOUS HARM TO16
OTHERS; OR17
(b) DOES NOT HAVE A MENTAL HEALTH DISORDER THAT IS LIKELY18
TO CAUSE THE RESPONDENT TO BE A DANGER TO THE RESPONDENT'S SELF19
OR A DANGER TO OTHERS AND THE RESPONDENT HAS DEMONSTRATED20
SUFFICIENT CAPACITY AND WILLINGNESS TO CONFORM THE RESPONDENT'S21
CONDUCT TO THE REQUIREMENTS OF THE LAW.22
(2) IF A TREATMENT PROVIDER CHARGED WITH THE PHYSICAL CARE23
AND CUSTODY OF THE RESPONDENT DETERMINES THAT THE RESPONDENT24
MEETS THE STANDARD FOR TERMINATION FROM CIVIL COMMITMENT25
PURSUANT TO SUBSECTION (1) OF THIS SECTION , THE PROVIDER OR THE26
PROVIDER'S DESIGNEE SHALL REPORT THE DETERMINATION TO THE COURT27
SB26-149-105-
THAT PLACED THE RESPONDENT INTO THE PROVIDER'S CARE AND CUSTODY,1
THE COUNTY ATTORNEY, AND THE DISTRICT ATTORNEY WHO ORIGINALLY2
SOUGHT CIVIL COMMITMENT OR AN ENHANCED PROTECTIVE PLACEMENT3
PURSUANT TO SECTION 16-8.5-118. THE COURT SHALL FURNISH A COPY OF4
THE REPORT TO THE RESPONDENT AND THE RESPONDENT'S COUNSEL.5
(3) (a) WITHIN THIRTY-FIVE DAYS AFTER RECEIVING THE REPORT6
DESCRIBED IN SUBSECTION (2) OF THIS SECTION, UNLESS THE RESPONDENT7
IS NOT ENTITLED TO A TERMINATION HEARING PURSUANT TO SUBSECTION8
(5) OF THIS SECTION, THE COURT SHALL BRING THE RESPONDENT BEFORE9
THE COURT, ENSURE THE RESPONDENT AND THE RESPONDENT'S COUNSEL10
RECEIVED A COPY OF THE REPORT, AND ADVISE THE RESPONDENT OF THE11
RIGHT TO DEMAND A TRIAL BY THE COURT OR THE RIGHT TO DEMAND, IN12
WRITING, A JURY TRIAL OF NOT MORE THAN SIX INDIVIDUALS TO13
DETERMINE WHETHER THE RESPONDENT MEETS THE CRITERIA FOR14
TERMINATION PURSUANT TO SUBSECTION (1) OF THIS SECTION.15
(b) IF THE RESPONDENT DEMANDS A TRIAL BEFORE THE COURT, THE16
COURT SHALL SCHEDULE THE TRIAL TO BEGIN WITHIN THIRTY-FIVE DAYS17
AFTER THE DEMAND . IF THE RESPONDENT DEMANDS A JURY TRIAL , THE18
COURT SHALL SCHEDULE THE TRIAL TO BEGIN WITHIN SEVENTY-TWO DAYS19
AFTER THE DEMAND . A DELAY ATTRIBUTABLE TO THE RESPONDENT IS20
EXCLUDED FROM THE TIME LIMITATIONS IN THIS SUBSECTION (3)(b). IF THE21
COURT DOES NOT BEGIN THE TRIAL WITHIN THE TIME PERMITTED22
PURSUANT TO THIS SUBSECTION (3)(b), THE COURT SHALL TERMINATE THE23
CIVIL COMMITMENT AND RELEASE THE RESPONDENT FROM THE PROVIDER'S24
CARE AND CUSTODY.25
(c) A FTER SETTING THE TRIAL , THE COURT SHALL PROMPTLY26
NOTIFY THE DISTRICT ATTORNEY WHO ORIGINALLY SOUGHT CIVIL27
SB26-149-106-
COMMITMENT OR AN ENHANCED PROTECTIVE PLACEMENT PURSUANT TO1
SECTION 16-8.5-118.2
(4) (a) A T THE TRIAL , IF ANY EVIDENCE IS INTRODUCED THAT3
SHOWS THE RESPONDENT DOES NOT MEET THE CRITERIA FOR TERMINATION4
OF THE CIVIL COMMITMENT PURSUANT TO SUBSECTION (1) OF THIS5
SECTION, THE RESPONDENT HAS THE BURDEN TO SHOW BY A6
PREPONDERANCE OF THE EVIDENCE THAT THE RESPONDENT MEETS THE7
CRITERIA FOR TERMINATION PURSUANT TO SUBSECTION (1) OF THIS8
SECTION.9
(b) I F THE TRIER OF FACT FINDS , BY A PREPONDERANCE OF THE10
EVIDENCE, THAT THE RESPONDENT MEETS THE CRITERIA FOR TERMINATION11
PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE COURT SHALL ORDER12
THE RESPONDENT RELEASED FROM THE PROVIDER 'S CARE AND CUSTODY13
AND TERMINATE THE RESPONDENT'S CIVIL COMMITMENT. IF THE TRIER OF14
FACT FINDS , BY A PREPONDERANCE OF THE EVIDENCE , THAT THE15
RESPONDENT DOES NOT MEET THE CRITERIA FOR TERMINATION PURSUANT16
TO SUBSECTION (1) OF THIS SECTION , THE COURT SHALL CONTINUE THE17
CIVIL COMMITMENT AND MAY ENTER OR MODIFY ANY ORDERS TO ASSIST18
IN PROGRESSING THE TREATMENT OF THE RESPONDENT OR THAT ARE19
NECESSARY TO PROTECT THE PUBLIC.20
(5) IF THE TRIER OF FACT FINDS THE RESPONDENT DOES NOT MEET21
THE CRITERIA FOR TERMINATION PURSUANT TO SUBSECTION (1) OF THIS22
SECTION, THE RESPONDENT IS NOT ENTITLED TO ANOTHER TERMINATION23
TRIAL WITHIN ONE YEAR AFTER THE CONCLUSION OF THE PREVIOUS TRIAL24
FOR TERMINATION.25
(6) I F THE RESPONDENT DOES NOT MEET THE CRITERIA FOR26
TERMINATION PURSUANT TO SUBSECTION (1) OF THIS SECTION AND HAS A27
SB26-149-107-
MENTAL HEALTH DISORDER THAT IS AN INTELLECTUAL AND1
DEVELOPMENTAL DISABILITY OR A NEUROCOGNITIVE DISORDER, AS THOSE2
TERMS ARE DEFINED IN SECTION 25.5-10-501, WITHOUT HAVING ANY3
OTHER MENTAL HEALTH DISORDER THAT IS NOT AN INTELLECTUAL AND4
DEVELOPMENTAL DISABILITY OR NEUROCOGNITIVE DISORDER AND THAT5
SUBSTANTIALLY CONTRIBUTES TO WHETHER THE RESPONDENT IS A6
DANGER TO THE RESPONDENT 'S SELF OR A DANGER TO OTHERS , OR IS7
GRAVELY DISABLED, THE COURT SHALL CONVERT THE CIVIL COMMITMENT8
TO AN ENHANCED PROTECTIVE PLACEMENT AND MAY MODIFY THE TERMS9
OF THE ENHANCED PROTECTIVE PLACEMENT IN ACCORDANCE WITH10
SECTION 25.5-10-507.11
(7) I F THE DEFENDANT DOES NOT MEET THE CRITERIA FOR12
TERMINATION PURSUANT TO SUBSECTION (1) OF THIS SECTION AND HAS13
CO-OCCURRING MENTAL HEALTH DISORDERS THAT INCLUDE AN14
INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR A NEUROCOGNITIVE15
DISORDER, AS THOSE TERMS ARE DEFINED IN SECTION 25.5-10-501, THE16
COURT MAY, UPON THE RECOMMENDATION OF OCFMH, CONVERT A CIVIL17
COMMITMENT TO AN ENHANCED PROTECTIVE PLACEMENT AND MODIFY18
THE TERMS OF THE ENHANCED PROTECTIVE PLACEMENT IN ACCORDANCE19
WITH SECTION 25.5-10-507.20
SECTION 9. In Colorado Revised Statutes, add 27-65-108.3 as21
follows:22
27-65-108.3. Criteria and standards for certification for23
short-term treatment and certification for long-term care and24
treatment.25
(1) (a) A PERSON MAY BE CERTIFIED FOR SHORT-TERM TREATMENT26
PURSUANT TO SECTION 27-65-108.5 OR 27-65-109, OR CERTIFIED FOR27
SB26-149-108-
LONG-TERM CARE AND TREATMENT PURSUANT TO SECTION 27-65-110, IF,1
BY CLEAR AND CONVINCING EVIDENCE, THE PERSON:2
(I) HAS A PERSISTENT MENTAL HEALTH DISORDER; OR3
(II) HAS A MENTAL HEALTH DISORDER AND, AS A RESULT OF THE4
MENTAL HEALTH DISORDER , THE PERSON IS UNWILLING OR UNABLE TO5
COMPLY WITH VOLUNTARY TREATMENT, OR REASONABLE GROUNDS EXIST6
TO BELIEVE THAT THE PERSON WILL NOT REMAIN IN A VOLUNTARY7
TREATMENT PROGRAM, AND THE PERSON IS A DANGER TO THE PERSON 'S8
SELF, A DANGER TO OTHERS, OR GRAVELY DISABLED.9
(b) THE PROVISIONS OF PART 5 OF ARTICLE 10 OF TITLE 25.5 APPLY10
AND THIS ARTICLE 65 DOES NOT APPLY IF A PERSON HAS AN INTELLECTUAL11
AND DEVELOPMENTAL DISABILITY OR A NEUROCOGNITIVE DISORDER, AS12
THOSE TERMS ARE DEFINED IN SECTION 25.5-10-501, WITHOUT ANY OTHER13
MENTAL HEALTH DISORDER THAT IS NOT AN INTELLECTUAL AND14
DEVELOPMENTAL DISABILITY OR NEUROCOGNITIVE DISORDER AND THAT15
SUBSTANTIALLY CONTRIBUTES TO WHETHER THE RESPONDENT IS A16
DANGER TO THE RESPONDENT 'S SELF OR A DANGER TO OTHERS , OR IS17
GRAVELY DISABLED.18
(2) WHEN EVALUATING A PERSON TO DETERMINE WHETHER THE19
PERSON MEETS THE CRITERIA PURSUANT TO SUBSECTION (1) OF THIS20
SECTION, THE COURT, EVALUATOR, OR INTERVENING PROFESSIONAL SHALL21
TAKE INTO CONSIDERATION:22
(a) THE PERSON'S STATEMENTS AND INSIGHTS INTO THE PERSON'S23
OWN MENTAL HEALTH DISORDER;24
(b) C LINICAL DIAGNOSIS AND CLINICAL PERSPECTIVE ON THE25
PERSON'S CURRENT MENTAL STATE AND PROGNOSIS;26
(c) T HE PERSON 'S WILLINGNESS TO VOLUNTARILY SEEK AND27
SB26-149-109-
COMPLY WITH A TREATMENT PLAN IN THE REASONABLY FORESEEABLE1
FUTURE;2
(d) RECENT OVERT ACTS BY THE PERSON TO THREATEN, CAUSE, OR3
ATTEMPT TO CAUSE HARM TO THE PERSON'S SELF OR OTHERS;4
(e) P REVIOUS PATTERNS OF DETERIORATION THAT RESULTED IN5
THE PERSON 'S HOSPITALIZATION , ARREST , OR CERTIFICATION FOR6
SHORT-TERM TREATMENT;7
(f) WHETHER THE PERSON WAS FOUND IN A CONDITION WHERE THE8
PERSON WAS NOT ABLE TO CARE FOR THE PERSON'S OWN BASIC NEEDS IN9
ORDER TO AVOID THE RISK OF SERIOUS PHYSICAL HARM; AND10
(g) T HE FREQUENCY , RECENCY , AND SEVERITY OF THE11
CONSIDERATIONS DESCRIBED IN SUBSECTIONS (2)(b) TO (2)(f) OF THIS12
SECTION AND THE LIKELIHOOD THAT THE CONDITIONS AND EVENTS WILL13
REOCCUR WITHOUT INVOLUNTARY TREATMENT.14
(3) WHEN EVALUATING WHETHER A PERSON IS A DANGER TO THE15
PERSON'S SELF OR A DANGER TO OTHERS , IS GRAVELY DISABLED , HAS A16
PERSISTENT MENTAL HEALTH DISORDER, OR POSES A SUBSTANTIAL RISK OF17
SERIOUS HARM TO OTHERS , THE COURT , EVALUATOR, OR INTERVENING18
PROFESSIONAL SHALL , WHENEVER POSSIBLE , USE ALL REASONABLE19
EFFORTS TO LEARN ABOUT PRIOR RELEVANT BEHAVIORS AND PRIOR20
DIAGNOSES THROUGH AVAILABLE AND RELIABLE SOURCES, INCLUDING THE21
PERSON'S PRIOR MEDICAL AND MENTAL HEALTH RECORDS , POLICE22
REPORTS, AND INFORMATION FROM RELIABLE INDIVIDUALS WHO HAVE A23
RELATIONSHIP OR REGULAR SUBSTANTIAL INTERACTIONS WITH THE24
PERSON.25
(4) THE COURT OR PROFESSIONAL PERSON SHALL ASSESS A PERSON26
WHO IS INCARCERATED OR IN INPATIENT TREATMENT AS IF THE PERSON27
SB26-149-110-
WERE IN THE COMMUNITY WHEN EVALUATING WHETHER THE PERSON1
MEETS THE CRITERIA PURSUANT TO SUBSECTION (1) OF THIS SECTION.2
SECTION 10. In Colorado Revised Statutes, 27-65-108.5,3
amend (1) introductory portion, (1)(b), (1)(d), (2), (3), (7), and (8);4
repeal (9), (10), and (11); and add (2.5), (2.6), (2.7), and (7.5) as follows:5
27-65-108.5. Court-ordered certification for short-term6
treatment for incompetent defendants in a criminal matter - contents7
of petition - procedure to contest petition - commitment to behavioral8
health administration - definition.9
(1) Upon petition of A COUNTY ATTORNEY, AN APPOINTED LEGAL10
GUARDIAN, the district attorney, AN INTERVENING PROFESSIONAL ACTING11
WITHIN THE SCOPE OF THEIR AUTHORITY , a professional person, a12
representative of the BHA, or a representative of the office of civil and13
forensic mental health OCFMH, a court may SHALL certify a person for14
short-term treatment for not more than three months under the following15
conditions:16
(b) The court hearing the criminal matter referred the matter for17
filing of a petition pursuant to section 16-8.5-111 or 16-8.5-116.518
SECTION 16-8.5-117;19
(d) The facility or community provider that will provide20
short-term treatment has been designated or approved by the21
commissioner to provide such treatment PERSON MEETS THE CRITERIA FOR22
CERTIFICATION FOR SHORT -TERM TREATMENT PURSUANT TO SECTION23
27-65-108.3 (1); and24
(2) The petition filed pursuant to subsection (1) of this section25
must:26
(a) State sufficient facts to establish reasonable grounds that the27
SB26-149-111-
respondent has a mental health disorder and, as a result of the mental1
health disorder, is a danger to the respondent's self or others or is gravely2
disabled MEETS THE CRITERIA FOR CERTIFICATION FOR SHORT -TERM3
TREATMENT PURSUANT TO SECTION 27-65-108.3 (1);4
(b) Be accompanied by a report of the competency evaluator or5
professional person who has evaluated the respondent within fifty-six6
NINETY-ONE days before submission of SUBMITTING the petition, unless7
the respondent whose certification is sought has refused to submit to an8
evaluation or the respondent cannot be evaluated due to the respondent's9
condition;10
(c) Be filed within fourteen days after the initiating party received11
the court order from the criminal court initiating the process; AND12
(d) Be filed with the court in the county where the respondent13
resided or was physically present immediately prior to the filing of the14
petition; except that if the person was arrested for the prior case and held15
in custody, the petition may be filed in the county where the respondent16
resided or was physically present immediately prior to the respondent's17
arrest; and18
(e) (d) Provide recommendations if any certification should occur19
on an inpatient or outpatient basis.20
(2.5) (a) A N EMERGENCY MENTAL HEALTH HOLD ORDERED21
PURSUANT TO SECTION 27-65-106 IS NOT A PREREQUISITE TO INITIATE A22
CERTIFICATION FOR SHORT-TERM TREATMENT PURSUANT TO THIS SECTION.23
(b) A RESPONDENT IS NOT REQUIRED TO BE UNDER THE CARE OF AN24
APPROPRIATE PROVIDER WHO IS WILLING TO HOLD A CERTIFICATION FOR25
SHORT-TERM TREATMENT IN ORDER TO INITIATE A CERTIFICATION26
PURSUANT TO THIS SECTION.27
SB26-149-112-
(2.6) (a) UPON RECEIPT OF A PETITION FILED PURSUANT TO THIS1
SECTION, THE COURT SHALL SCHEDULE A FIRST APPEARANCE IMMEDIATELY2
AND ENTER ANY ORDERS NECESSARY TO HAVE THE RESPONDENT BROUGHT3
BEFORE THE COURT.4
(b) NOTWITHSTANDING SUBSECTION (2.6)(a) OF THIS SECTION, THE5
COURT MAY GRANT THE PETITION WITHOUT A HEARING AND MAY ACCEPT6
A WRITTEN WAIVER STIPULATING TO THE CERTIFICATION FOR SHORT-TERM7
TREATMENT SIGNED BY THE RESPONDENT IF:8
(I) T HE RESPONDENT HAD THE ASSISTANCE OF COUNSEL WHEN9
SIGNING THE WAIVER;10
(II) THE RESPONDENT'S COUNSEL ATTESTS THAT THE RESPONDENT11
HAS BEEN ADVISED OF THE RESPONDENT 'S RIGHTS TO CONTEST THE12
CERTIFICATION FOR SHORT-TERM TREATMENT;13
(III) T HE RESPONDENT HAS BEEN AFFORDED THE ABILITY TO14
DESIGNATE ONE OTHER INDIVIDUAL WHOM THE RESPONDENT WANTS TO BE15
INFORMED OF THE PROCEEDINGS AND WHO, IF ANYONE, THE RESPONDENT16
DESIGNATED; AND17
(IV) T HE RESPONDENT IS ALREADY UNDER THE CARE OF A18
PROVIDER WHO WILL HOLD THE CERTIFICATION IF THE PETITION IS19
GRANTED.20
(c) I F THE COURT RECEIVED A WRITTEN WAIVER PURSUANT TO21
SUBSECTION (2.6)(b) OF THIS SECTION, THE COURT IS NOT REQUIRED TO22
HAVE THE RESPONDENT APPEAR BEFORE THE COURT PRIOR TO ORDERING23
CERTIFICATION FOR SHORT-TERM TREATMENT.24
(d) AT ANY TIME AFTER THE FILING OF THE PETITION, THE COURT25
MAY ORDER OCFMH TO LOCATE AN APPROPRIATE PROVIDER AND26
PLACEMENT FOR THE RESPONDENT.27
SB26-149-113-
(2.7) A T THE RESPONDENT 'S FIRST APPEARANCE , THE COURT1
SHALL:2
(a) UNLESS WAIVED BY THE RESPONDENT'S COUNSEL, ADVISE THE3
RESPONDENT OF THE CONTENTS OF THE PETITION, THE CONSEQUENCES OF4
THE PETITION , UNLESS COUNSEL IS PRESENT , AND THE RESPONDENT 'S5
RIGHTS;6
(b) A SK THE RESPONDENT TO DESIGNATE A PERSON WHOM THE7
RESPONDENT WANTS TO BE INFORMED OF THE PROCEEDINGS . IF THE8
RESPONDENT IS INCAPABLE OF MAKING A DESIGNATION, THE COURT MAY9
LATER ASK THE RESPONDENT TO DESIGNATE A PERSON AS SOON AS THE10
RESPONDENT IS CAPABLE.11
(c) C ALL ON THE RESPONDENT TO ADMIT OR CONTEST THE12
PETITION. THE COURT SHALL ALLOW THE RESPONDENT REASONABLE TIME13
TO INVESTIGATE THE PETITION AND DECIDE WHETHER TO ADMIT OR14
CONTEST THE PETITION . IF THE RESPONDENT IS UNABLE OR REFUSES TO15
STATE WHETHER THE RESPONDENT ADMITS OR CONTESTS THE PETITION ,16
THE COURT SHALL ENTER A FINDING THAT THE RESPONDENT IS17
CONTESTING THE PETITION.18
(3) Within twenty-four hours after certification, copies of the19
certification must be personally delivered to the respondent, the BHA or20
the office of civil and forensic mental health OCFMH, AND ANY KNOWN21
PROVIDER OR FACILITY THAT HAS CUSTODY OF THE RESPONDENT . The22
department shall retain a copy as part of the respondent's record. If the23
criminal case is pending, or not yet dismissed, THE PETITIONING PARTY24
SHALL GIVE notice of the filing of the petition should be given by the25
petitioning party to the criminal court, which AND THE COURT shall26
provide such THE notice to the prosecuting and defense attorneys in the27
SB26-149-114-
criminal case and any attorney appointed pursuant to section 27-65-113.1
The court shall ask the respondent to designate one other person whom2
the respondent wants to be informed regarding the petition. If the3
respondent is incapable of making such a designation at the time the4
petition is delivered, the court may ask the respondent to designate such5
person as soon as the respondent is capable SECTION 27-65-113.5.6
(7) (a) The respondent may knowingly and voluntarily consent in7
writing to the petition IF THE RESPONDENT IS CERTIFIED FOR SHORT-TERM8
TREATMENT, UNLESS AN APPROPRIATE PROVIDER HAS ALREADY BEEN9
IDENTIFIED AND IS WILLING TO HOLD THE CERTIFICATION , THE COURT10
SHALL ORDER OCFMH TO PROVIDE CARE COORDINATION AND MAKE11
DILIGENT EFFORTS TO FIND A PROVIDER FOR THE RESPONDENT.12
(b) T HE DEPARTMENT MAY RECEIVE AND POSSESS ALL13
INFORMATION RELEVANT TO THE PROCEEDINGS PURSUANT TO THIS14
SECTION, INCLUDING COMPETENCY EVALUATIONS , ANY MEDICAL AND15
MENTAL HEALTH RECORDS FOR WHICH A WAIVER OR PRIVILEGE HAS BEEN16
FOUND IN PROCEEDINGS PURSUANT TO THIS SECTION OR PURSUANT TO17
ARTICLE 8.5 OF TITLE 16, AND RELE VANT CRIMINAL JUSTICE RECORDS ,18
INCLUDING ANY CRIMINAL HISTORY OF THE RESPONDENT.19
(c) THE COURT MAY ORDER:20
(I) THE PETITIONER AND ANY DISTRICT ATTORNEY RESPONSIBLE21
FOR PROSECUTING A CRIMINAL CASE THAT LED TO PROCEEDINGS22
PURSUANT TO THIS SECTION OR SECTION 16-8.5-117 TO SEND RELEVANT23
RECORDS TO OCFMH WITHIN SEVEN DAYS AFTER THE COURT 'S ORDER;24
AND25
(II) ANY CURRENT OR FORMER ATTORNEY WHO REPRESENTED THE26
RESPONDENT IN ANY PROCEEDING TO SEND MATERIALS TO OCFMH, WITH27
SB26-149-115-
THE RESPONDENT'S CONSENT, TO ASSIST IN CARE COORDINATION.1
(d) OCFMH MAY , AS NECESSARY , SHARE INFORMATION WITH2
POTENTIALLY APPROPRIATE CARE PROVIDERS AND THE PARTIES , AND3
SHALL KEEP THE COURT APPRISED IN WRITING OF EFFORTS TO FIND AN4
APPROPRIATE PROVIDER FOR THE RESPONDENT.5
(7.5) IF THE COURT CERTIFIES THE RESPONDENT FOR SHORT-TERM6
TREATMENT AND THE COURT FINDS THAT INPATIENT TREATMENT IS7
NECESSARY PURSUANT TO SECTION 27-65-118 (1)(a), BUT AN INPATIENT8
CARE PROVIDER HAS NOT BEEN LOCATED THAT WILL ACCEPT THE9
RESPONDENT AFTER ALL REASONABLE EFFORTS HAVE BEEN EXHAUSTED,10
THE COURT SHALL NOTIFY OCFMH AND CERTIFY THE RESPONDENT FOR11
OUTPATIENT TREATMENT.12
(8) The respondent or the respondent's attorney may, at any time,13
file a written request for the court to review short-term certification or14
request that inpatient certification be changed to outpatient treatment. If15
the review is requested, the court shall hear the matter within fourteen16
days after the request, and the court shall give notice to the respondent,17
the respondent's attorney, the department, and the community or facility18
provider who is or will provide treatment. The hearing must be held in19
accordance with section 27-65-113 SECTION 27-65-113.1. At the20
conclusion of the hearing, the court may enter or confirm the certification21
for short-term treatment, discharge the respondent, or enter any other22
appropriate order.23
(9) Section 27-65-109 (7) to (10) applies to proceedings held24
pursuant to this section.25
(10) In assessing whether the respondent with a pending criminal26
charge is a danger to self or others or is gravely disabled, if the person is27
SB26-149-116-
incarcerated, the professional person and court shall not rely upon the fact1
that the person is incarcerated to establish that the respondent is not a2
danger to self or others or is not gravely disabled.3
(11) An emergency mental health hold pursuant to section4
27-65-106 is not a prerequisite to a proceeding pursuant to this section.5
SECTION 11. In Colorado Revised Statutes, amend with6
relocated provisions 27-65-109 as follows:7
27-65-109. Certification for short-term treatment - procedure.8
(1) IF a person IS IN A FACILITY DUE TO AN EMERGENCY MENTAL9
HEALTH HOLD PURSUANT TO SECTION 27-65-106, THE PERSON may be10
certified for not more than three months for short-term treatment under11
the following conditions:12
(a) The professional staff of the facility detaining the person on13
an emergency mental health hold has evaluated the person and has found14
the person has a mental health disorder and, as a result of the mental15
health disorder, is a danger to the person's self or others or is gravely16
disabled MEETS THE CRITERIA FOR CERTIFICATION FOR SHORT -TERM17
TREATMENT PURSUANT TO SECTION 27-65-108.3 (1);18
(b) The person has been advised of the availability of, but has not19
accepted, voluntary treatment; but, if reasonable grounds exist to believe20
that the person will not remain in a voluntary treatment program, the21
person's acceptance of voluntary treatment does not preclude certification;22
(c) (b) The facility or community provider that will provide23
short-term treatment has been designated by the commissioner to provide24
such treatment; and25
(d) (c) The person, the person's legal guardian, and the person's26
lay person, if applicable, have been advised of the person's right to an27
SB26-149-117-
attorney and to contest the certification for short-term treatment.1
(2) The notice of certification must be signed by a professional2
person who participated in the evaluation CONDUCTED PURSUANT TO3
SUBSECTION (1) OF THIS SECTION. The notice of certification must:4
(a) State facts sufficient to establish reasonable grounds to believe5
that the respondent has a mental health disorder and, as a result of the6
mental health disorder, is a danger to the respondent's self or others or is7
gravely disabled MEETS THE CRITERIA FOR CERTIFICATION FOR8
SHORT-TERM TREATMENT PURSUANT TO SECTION 27-65-108.3 (1);9
(b) Be filed with the court within forty-eight hours, excluding10
Saturdays, Sundays, and court holidays, after the date of certification;11
(c) Be filed with the court in the county in which the respondent12
resided or was physically present immediately prior to being taken into13
custody; and14
(d) Provide recommendations if the certification should take place15
on an inpatient or outpatient basis.16
(3) Within twenty-four hours after certification, copies of the17
certification must be personally delivered to the respondent, the BHA,18
and a copy must be kept by the evaluating facility as part of the19
respondent's record, if applicable. The facility or court shall ask the20
respondent to designate a lay person whom the respondent wishes to be21
informed regarding certification. If the respondent is incapable of making22
such a designation at the time the certification is delivered, the respondent23
must be asked to designate a lay person as soon as the respondent is24
capable. In addition to the copy of the certification, the respondent must25
be given a written notice that a hearing upon the respondent's certification26
for short-term treatment may be had before the court or a jury upon27
SB26-149-118-
written request directed to the court pursuant to subsection (6) of this1
section.2
(4) Upon certification of the respondent, the facility designated for3
short-term treatment has custody of the respondent.4
(5) Whenever a certification is filed with the court by a5
professional person, the court shall immediately appoint an attorney to6
represent the respondent. The respondent has the right to an attorney for7
all proceedings conducted pursuant to this section, including any appeals.8
The attorney representing the respondent must be provided with a copy9
of the certification immediately upon the attorney's appointment. The10
respondent ma y only waive counsel when the respondent makes a11
knowing and intelligent waiver in front of the court.12
(6) The respondent or the respondent's attorney may at any time13
file a written request that the certification for short-term treatment or the14
treatment be reviewed by the court or that the treatment be on an15
outpatient basis. If review is requested, the court shall hear the matter16
within ten days after the request, and the court shall give notice to the17
respondent and the respondent's attorney and the certifying and treating18
professional person of the time and place of the hearing. The hearing19
must be held in accordance with section 27-65-113. At the conclusion of20
the hearing, the court may enter or confirm the certification for short-term21
treatment, discharge the respondent, or enter any other appropriate order.22
(7) Records and papers in proceedings pursuant to this section23
must be maintained separately by the clerks of the several courts. Upon24
the release of any respondent in accordance with section 27-65-112, the25
facility shall notify the clerk of the court within five days after the release,26
and the clerk shall immediately seal the record in the case and omit the27
SB26-149-119-
name of the respondent from the index of cases in the court until and1
unless the respondent becomes subject to an order of certification for2
long-term care and treatment pursuant to section 27-65-110 or until and3
unless the court orders the records opened for good cause shown. In the4
event a petition is filed pursuant to section 27-65-110, the certification5
record may be opened and become a part of the record in the long-term6
care and treatment case and the name of the respondent indexed.7
(8) Whenever it appears to the court, by reason of a report by the8
treating professional person or the BHA or any other report satisfactory9
to the court, that a respondent detained for evaluation and treatment or10
certified for short-term treatment should be transferred to another facility11
for treatment and the safety of the respondent or the public requires that12
the respondent be transported by a secure transportation provider or a law13
enforcement agency, the court may issue an order directing the law14
enforcement agency where the respondent resides or secure transportation15
provider to deliver the respondent to the designated facility.16
(9) A respondent certified for short-term treatment may be17
discharged upon the signature of the treating medical professional and the18
medical director of the facility. A respondent certified for short-term19
treatment on an outpatient basis may be discharged upon the signature of20
the approved professional person overseeing the respondent's treatment,21
and the professional person shall notify the BHA prior to the discharge.22
A facility or program shall make the respondent's discharge instructions23
available to the respondent, the respondent's attorney, and the24
respondent's legal guardian, if applicable, within seven days after25
discharge, if requested. A facility or program that is transferring a26
respondent to a different treatment facility or to an outpatient provider27
SB26-149-120-
shall provide all treatment records to the facility or provider accepting the1
respondent at least twenty-four hours prior to the transfer.2
(10) If the professional person in charge of the evaluation and3
treatment believes that a period longer than three months is necessary to4
treat the respondent, the professional person shall file with the court an5
extended certification at least thirty days prior to the expiration date of the6
original certification. An extended certification for treatment must not be7
for a period of more than three months. The respondent is entitled to a8
hearing on the extended certification under the same conditions as an9
original certification. The attorney initially representing the respondent10
shall continue to represent the respondent, unless the court appoints11
another attorney.12
(3) IF A PERSON IS NOT IN A FACILITY FOR AN EMERGENCY MENTAL13
HEALTH HOLD PURSUANT TO SECTION 27-65-106, THE PERSON MAY BE14
CERTIFIED FOR SHORT -TERM TREATMENT FOR NOT MORE THAN THREE15
MONTHS IF A PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL16
ACTING WITHIN THE SCOPE OF THEIR AUTHORITY OPINES THAT THE PERSON17
MEETS THE CRITERIA FOR CERTIFICATION FOR SHORT -TERM TREATMENT18
PURSUANT TO SECTION 27-65-108.3 (1) AND THE PROFESSIONAL PERSON19
OR INTERVENING PROFESSIONAL:20
(a) H AS AN ESTABLISHED TREATMENT RELATIONSHIP WITH THE21
PERSON, INCLUDING HAVING PROVIDED CARE TO THE PERSON IN THE PAST22
THREE MONTHS , WHICH CARE FORMS THE BASIS FOR REQUESTING THE23
CERTIFICATION; OR24
(b) HAS EVALUATED THE PERSON PURSUANT TO THIS ARTICLE 6525
OR ARTICLE 8 OR 8.5 OF TITLE 16 WITHIN THE PAST NINETY-ONE DAYS.26
(4) (a) T HE COUNTY ATTORNEY OR APPOINTED TEMPORARY27
SB26-149-121-
EMERGENCY GUARDIAN MAY FILE A PETITION FOR CERTIFICATION FOR1
SHORT-TERM TREATMENT. UPON REQUEST OF THE COUNTY ATTORNEY OR2
THE APPOINTED TEMPORARY EMERGENCY GUARDIAN, THE PROFESSIONAL3
PERSON OR INTERVENING PROFESSIONAL SHALL PROVIDE ALL RELEVANT4
INFORMATION , INCLUDING OTHERWISE CONFIDENTIAL MEDICAL5
INFORMATION, TO THE COUNTY ATTORNEY AND THE APPOINTED6
TEMPORARY EMERGENCY GUARDIAN TO ASSIST IN FILING THE PETITION .7
THE PETITION MUST:8
(I) STATE SUFFICIENT FACTS TO ESTABLISH REASONABLE GROUNDS9
THAT THE RESPONDENT MEETS THE CRITERIA FOR CERTIFICATION FOR10
SHORT-TERM TREATMENT PURSUANT TO SECTION 27-65-108.3 (1);11
(II) BE ACCOMPANIED BY AN AFFIDAVIT FROM THE PROFESSIONAL12
PERSON OR INTERVENING PROFESSIONAL WITH AN ESTABLISHED13
TREATMENT RELATIONSHIP WITH THE RESPONDENT OR AN EVALUATOR14
CONDUCTING THE EVALUATION OF THE RESPONDENT PURSUANT TO THIS15
ARTICLE 65 OR ARTICLE 8 OR 8.5 OF TITLE 16; AND16
(III) RECOMMEND WHETHER THE CERTIFICATION SHOULD OCCUR17
ON AN INPATIENT OR OUTPATIENT BASIS.18
(b) THE PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL19
MAY DISCUSS ALL RELEVANT INFORMATION WITH THE PARTIES UNTIL THE20
PROCEEDINGS BROUGHT PURSUANT TO THIS ARTICLE 65 HAVE CONCLUDED.21
(5) (a) T HE COURT MAY ACCEPT A WRITTEN WAIVER FROM THE22
RESPONDENT STIPULATING TO THE CERTIFICATION IF:23
(I) THE RESPONDENT SIGNED THE WAIVER WITH THE ASSISTANCE24
OF COUNSEL;25
(II) THE RESPONDENT'S COUNSEL ADVISED THE RESPONDENT OF26
THE RESPONDENT 'S RIGHT TO CONTEST THE CERTIFICATION FOR27
SB26-149-122-
SHORT-TERM TREATMENT; AND1
(III) T HE RESPONDENT HAS BEEN AFFORDED THE ABILITY TO2
DESIGNATE A PERSON WHOM THE RESPONDENT WANTS TO BE INFORMED OF3
THE PROCEEDINGS.4
(b) I F THE COURT RECEIVES A WRITTEN WAIVER PURSUANT TO5
SUBSECTION (5)(a) OF THIS SECTION , THE COURT IS NOT REQUIRED TO6
HAVE THE RESPONDENT APPEAR BEFORE THE COURT PRIOR TO ORDERING7
THE CERTIFICATION FOR SHORT-TERM TREATMENT.8
(6) (a) A N EMERGENCY MENTAL HEALTH HOLD INITIATED9
PURSUANT TO SECTION 27-65-106 IS NOT A PREREQUISITE TO INITIATING10
A CERTIFICATION FOR SHORT -TERM TREATMENT PURSUANT TO THIS11
SECTION.12
(b) THE RESPONDENT BEING UNDER THE CARE OF AN APPROPRIATE13
PROVIDER WHO IS WILLING TO HOLD A CERTIFICATION FOR SHORT -TERM14
TREATMENT IS NOT A PREREQUISITE TO INITIATING A CERTIFICATION FOR15
SHORT-TERM TREATMENT PURSUANT TO THIS SECTION.16
(7) [Formerly 27-65-109 (3)] Within twenty-four hours after17
certification, copies of the certification must be personally delivered to18
the respondent, the BHA, AND OCFMH, and a copy must be kept by ANY19
KNOWN PROVIDER, THE FACILITY THAT HAS CUSTODY OF THE RESPONDENT,20
AND the evaluating facility as part of the respondent's record, if21
applicable. The facility or court shall ask the respondent to designate a lay22
person whom the respondent wishes to be informed regarding23
certification. If the respondent is incapable of making such a designation24
at the time the certification is delivered, the respondent must be asked to25
designate a lay person as soon as the respondent is capable. In addition to26
the copy of the certifi cation, the respondent must be given a written27
SB26-149-123-
notice that a hearing upon the respondent's certification for short-term1
treatment may be had before the court or a jury upon written request2
directed to the court pursuant to subsection (6) SUBSECTION (11) of this3
section.4
(8) [Formerly 27-65-109 (5)] Whenever a PETITION OR NOTICE OF5
certification is filed with the court by a professional person PURSUANT TO6
THIS SECTION, the court shall immediately appoint an attorney to represent7
the respondent. The respondent has the right to an attorney for all8
proceedings conducted pursuant to this section, including any appeals.9
The attorney representing the respondent must be provided with a copy10
of the certification immediately upon the attorney's appointment. The11
respondent may only waive counsel when the respondent makes a12
knowing and intelligent waiver in front of the court.13
(9) (a) A FTER THE NOTICE OR PETITION FOR CERTIFICATION FOR14
SHORT-TERM TREATMENT IS FILED, THE COURT SHALL SCHEDULE A FIRST15
APPEARANCE IMMEDIATELY AND ENTER ANY ORDERS NECESSARY TO HAVE16
THE RESPONDENT BROUGHT BEFORE THE COURT.17
(b) NOTWITHSTANDING SUBSECTION (9)(a) OF THIS SECTION, THE18
COURT MAY CONTINUE THE NOTICE OF CERTIFICATION PURSUANT TO19
SUBSECTION (2) OF THIS SECTION OR GRANT THE PETITION PURSUANT TO20
SUBSECTION (4) OF THIS SECTION WITHOUT A HEARING AND MAY ACCEPT21
A WRITTEN WAIVER FROM THE RESPONDENT STIPULATING TO THE22
CERTIFICATION IF:23
(I) THE RESPONDENT SIGNED THE WAIVER WITH THE ASSISTANCE24
OF COUNSEL;25
(II) THE RESPONDENT'S COUNSEL ADVISED THE RESPONDENT OF26
THE RESPONDENT 'S RIGHT TO CONTEST THE CERTIFICATION FOR27
SB26-149-124-
SHORT-TERM TREATMENT;1
(III) T HE RESPONDENT HAS BEEN AFFORDED THE ABILITY TO2
DESIGNATE A PERSON WHOM THE RESPONDENT WANTS TO BE INFORMED OF3
THE PROCEEDINGS; AND4
(IV) THE PETITIONER IS ALREADY UNDER THE CARE OF A PROVIDER5
WHO WILL HOLD THE CERTIFICATION IF THE PETITION IS GRANTED.6
(c) I F THE COURT RECEIVES A WRITTEN WAIVER PURSUANT TO7
SUBSECTION (9)(b) OF THIS SECTION , THE COURT IS NOT REQUIRED TO8
HAVE THE RESPONDENT APPEAR BEFORE THE COURT PRIOR TO ORDERING9
THE CERTIFICATION FOR SHORT-TERM TREATMENT.10
(10) AT THE RESPONDENT'S FIRST APPEARANCE, THE COURT SHALL:11
(a) ADVISE THE RESPONDENT OF THE CONTENTS OF THE NOTICE OF12
CERTIFICATION OR PETITION;13
(b) A SK THE RESPONDENT TO DESIGNATE A PERSON WHOM THE14
RESPONDENT WANTS TO BE INFORMED OF THE PROCEEDINGS . IF THE15
RESPONDENT IS INCAPABLE OF MAKING A DESIGNATION, THE COURT MAY16
LATER ASK THE RESPONDENT TO DESIGNATE A PERSON AS SOON AS THE17
RESPONDENT IS CAPABLE.18
(c) ASK WHETHER THE RESPONDENT CONTESTS THE PETITION OR19
CERTIFICATION CURRENTLY IN PLACE PURSUANT TO A NOTICE OF20
CERTIFICATION OR THE PETITION . THE COURT SHALL ALLOW THE21
RESPONDENT REASONABLE TIME TO INVESTIGATE WHETHER TO CONTEST22
THE PETITION OR CONTINUE THE CERTIFICATION . IF THE RESPONDENT IS23
UNABLE OR REFUSES TO STATE WHETHER THE RESPONDENT CONTESTS THE24
PETITION, THE COURT SHALL ENTER A FINDING THAT THE RESPONDENT IS25
CONTESTING THE PETITION.26
(11) [Formerly 27-65-109 (6)] The respondent or the respondent's27
SB26-149-125-
attorney may at any time file a written request that the certification for1
short-term treatment or the treatment be reviewed by the court or that the2
treatment be on an outpatient basis. If review is requested CONTESTS THE3
PETITION OR CERTIFICATION , SEEKS REVIEW OF THE CERTIFICATION , OR4
SEEKS TO TERMINATE INPATIENT TREATMENT AND CONTINUE TREATMENT5
ON AN OUTPATIENT BASIS. The court shall hear the matter within ten days6
after the request, and the court shall give notice to the respondent and the7
respondent's attorney and the certifying and treating professional person8
of the time and place of the hearing. The hearing must be held in9
accordance with section 27-65-113 SECTION 27-65-113.1. At the10
conclusion of the hearing, the court may enter or confirm the certification11
for short-term treatment, discharge the respondent, or enter any other12
appropriate order.13
(12) U PON CERTIFICATION OF THE RESPONDENT , THE FACILITY14
DESIGNATED FOR SHORT -TERM TREATMENT HAS CARE AND PHYSICAL15
CUSTODY OF THE RESPONDENT.16
(13) [Formerly 27-65-109 (8)] Whenever it appears to the court,17
by reason of a report by the treating professional person, OCFMH, or the18
BHA or any other report satisfactory to the court, that a respondent19
detained for evaluation and treatment or certified for short-term treatment20
should be transferred to another facility for treatment and the safety of the21
respondent or the public requires that the respondent be transported by a22
secure transportation provider or a law enforcement agency, the court23
may issue an order directing the law enforcement agency where the24
respondent resides or secure transportation provider to deliver the25
respondent to the designated facility.26
(14) (a) OCFMH IS RESPONSIBLE FOR FINDING AN APPROPRIATE27
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PROVIDER AND PLACEMENT FOR THE RESPONDENT IF THE RESPONDENT IS1
CERTIFIED AND NOT ALREADY PLACED. THE COURT MAY ORDER OCFMH2
TO INVESTIGATE PLACEMENT , INCLUDING PRIOR TO A HEARING TO3
DETERMINE IF THE RESPONDENT MEETS THE CRITERIA TO BE CERTIFIED FOR4
SHORT-TERM TREATMENT.5
(b) U NLESS AN APPROPRIATE PROVIDER HAS ALREADY BEEN6
IDENTIFIED AND IS WILLING TO HOLD THE CERTIFICATION , THE COURT7
SHALL ORDER OCFMH TO PROVIDE CARE COORDINATION AND MAKE8
DILIGENT EFFORTS TO FIND A PROVIDER FOR THE RESPONDENT . OCFMH9
MAY SHARE, AS NECESSARY, INFORMATION WITH POTENTIALLY SUITABLE10
CARE PROVIDERS . OCFMH SHALL KEEP THE COURT INFORMED , IN11
WRITING, OF EFFORTS MADE TO FIND A SUITABLE PROVIDER FOR THE12
RESPONDENT.13
(c) T HE DEPARTMENT MAY RECEIVE AND POSSESS ALL14
INFORMATION RELEVANT TO THE PROCEEDINGS PURSUANT TO THIS15
SECTION, INCLUDING COMPETENCY AND MENTAL HEALTH EVALUATIONS;16
ANY MEDICAL AND MENTAL HEALTH RECORDS FOR WHICH A WAIVER OR17
PRIVILEGE HAS BEEN FOUND IN PROCEEDINGS PURSUANT TO THIS SECTION18
OR PURSUANT TO ARTICLE 8 OR 8.5 OF TITLE 16; AND RELEVANT CRIMINAL19
JUSTICE RECORDS , INCLUDING ANY CRIMINAL HISTORY OF THE20
RESPONDENT. THE DEPARTMENT MAY SHARE AND DISCUSS THE RELEVANT21
INFORMATION WITH THE PARTIES TO THE PROCEEDINGS.22
(15) I F THE COURT FINDS THAT THE RESPONDENT MEETS THE23
CRITERIA FOR CERTIFICATION FOR SHORT -TERM TREATMENT AND THAT24
INPATIENT CARE IS NECESSARY BUT NO INPATIENT CARE PROVIDER WILL25
ACCEPT THE RESPONDENT AFTER ALL REASONABLE EFFORTS HAVE BEEN26
EXHAUSTED, THE COURT SHALL NOTIFY OCFMH OF THE FINDING AND27
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CERTIFY THE RESPONDENT FOR OUTPATIENT CARE.1
(16) [Formerly 27-65-109 (9)] I N ACCORDANCE WITH THE2
PROCEDURES DESCRIBED IN SECTION 27-65-112, a respondent certified for3
short-term treatment may be discharged upon the signature of the treating4
medical professional and the medical director of the facility. A5
respondent certified for short-term treatment on an outpatient basis may6
be discharged upon the signature of the approved professional person7
overseeing the respondent's treatment, and the professional person shall8
notify the BHA prior to the discharge. A facility or program shall make9
the respondent's discharge instructions available to the respondent, the10
respondent's attorney, and the respondent's legal guardian, if applicable,11
within seven days after discharge, if requested. A facility or program that12
is transferring a respondent to a different treatment facility or to an13
outpatient provider shall provide all treatment records to the facility or14
provider accepting the respondent at least twenty-four hours prior to the15
transfer.16
(17) [Formerly 27-65-109 (10)] If the professional person in17
charge of the evaluation and treatment believes that a period longer than18
three months is necessary to treat the respondent, the professional person19
shall file with the court an extended certification at least thirty days prior20
to the expiration date of the original certification. An extended21
certification for treatment must not be for a period of more than three22
months. The respondent is entitled to a hearing on the extended23
certification under the same conditions as an original certification. The24
attorney initially representing the respondent shall continue to represent25
the respondent, unless the court appoints another attorney.26
SECTION 12. In Colorado Revised Statutes, 27-65-110, amend27
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(1), (4), and (5) as follows:1
27-65-110. Certification for long-term care and treatment -2
procedure.3
(1) Whenever a respondent has received an extended certification4
for treatment pursuant to section 27-65-109 (10) SECTION 27-65-109 (17),5
including as it is applied to court-ordered certification pursuant to section6
27-65-108.5, (9), the professional person in charge of the certification for7
short-term treatment or the BHA may file a petition with the court at least8
thirty days prior to the expiration date of the extended certification for9
long-term care and treatment of the respondent under the following10
conditions:11
(a) The professional staff of the agency or facility providing12
short-term treatment has analyzed the respondent's condition and has13
found that the respondent has a mental health disorder and, as a result of14
the mental health disorder, is a danger to the respondent's self or others15
or is gravely disabled CONTINUES TO MEET THE CRITERIA AND STANDARDS16
FOR CERTIFICATION FOR SHORT-TERM TREATMENT PURSUANT TO SECTION17
27-65-108.3 (1); AND18
(b) The respondent has been advised of the availability of, but has19
not accepted, voluntary treatment; but, if reasonable grounds exist to20
believe that the respondent will not remain in a voluntary treatment21
program, the respondent's acceptance of voluntary treatment does not22
preclude an order pursuant to this section; and23
(c) (b) The facility that will provide long-term care and treatment24
has been designated by the commissioner to provide the care and25
treatment.26
(4) The court or jury shall determine whether the conditions of27
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subsection (1) of this section are met and whether the respondent has a1
mental health disorder and, as a result of the mental health disorder, is a2
danger to the respondent's self or others or is gravely disabled CONTINUES3
TO MEET THE CRITERIA AND STANDARDS FOR CERTIFICATION FOR4
SHORT-TERM TREATMENT PURSUANT TO SECTION 27-65-108.3 (1). The5
court shall issue an order of long-term care and treatment for a term not6
to exceed six months, discharge the respondent for whom long-term care7
and treatment was sought, or enter any other appropriate order. An order8
for long-term care and treatment must grant custody of the respondent to9
the BHA for placement with an agency or facility designated by the10
commissioner to provide long-term care and treatment. The BHA may11
delegate the physical custody of the respondent to a facility designated by12
the commissioner and the requirement for the provision of services and13
care coordination. When a petition contains a request that a specific legal14
disability be imposed or that a specific legal right be deprived, the court15
may order the disability imposed or the right deprived if the court or a16
jury has determined that the respondent has a mental health disorder or is17
gravely disabled and that, as a result, the respondent is unable to18
competently exercise the specific legal right or perform the function for19
which the disability is sought to be imposed. Any interested person may20
ask leave of the court to intervene as a copetitioner for the purpose of21
seeking the imposition of a legal disability or the deprivation of a legal22
right.23
(5) An original order of long-term care and treatment or any24
extension of such order expires on the date specified, unless further25
extended as provided in this subsection (5). If an extension is being26
sought, the professional person in charge of the evaluation and treatment27
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shall certify to the court at least thirty days prior to the expiration date of1
the order in force that an extension of the order is necessary for the care2
and treatment of the respondent subject to the order in force, and a copy3
of the certification must be simultaneously delivered to the respondent4
and electronically delivered to the respondent's attorney of record. At5
least twenty days before the expiration of the order, the court shall give6
written notice to the respondent and the respondent's attorney of record7
that a hearing upon the extension may be had before the court or a jury8
upon written request to the court within ten days after receipt of the9
notice. If a hearing is not requested by the respondent within such time,10
the court may proceed ex parte. If a hearing is timely requested, the11
hearing must be held before the expiration date of the order in force. If12
the court or jury finds that the conditions of subsection (1) of this section13
continue to be met and that the respondent has a mental health disorder14
and, as a result of the mental health disorder, is a danger to THE15
RESPONDENT'S SELF, A DANGER TO others, or to the respondent's self or is16
gravely disabled, the court shall issue an extension of the order. Any17
extension must not exceed six months, but there may be as many18
extensions as the court orders pursuant to this section.19
SECTION 13. In Colorado Revised Statutes, 27-65-111, amend20
(3), (6) introductory portion, (6)(a), and (6)(j) as follows:21
27-65-111. Certification on an outpatient basis - civil22
commitment - short-term and long-term treatment.23
(3) The facility responsible for providing services to a respondent24
on a certification on an outpatient basis shall proactively reach out to the25
respondent to engage the respondent in treatment. If the respondent26
refuses treatment or court-ordered medication and is decompensating27
SB26-149-131-
psychiatrically, the court may order a certified peace officer or secure1
transportation provider to transport the respondent to an appropriate,2
least-restrictive designated facility in collaboration with the BHA and the3
provider holding the certification. The respondent does not need to be4
imminently dangerous AN IMMINENT DANGER to the respondent's self or5
AN IMMINENT DANGER TO others for the provider to request, and the court6
to order, transportation to a facility for the respondent to receive treatment7
and court-ordered medications. The facility responsible for providing8
services to a respondent on a certification on an outpatient basis shall9
provide the court information on the facility's proactive outreach to the10
respondent and the professional person's and psychiatric advanced11
practice registered nurse's basis for medical opinion.12
(6) A respondent subject to a CERTIFICATION FOR short-term or13
TREATMENT, CERTIFICATION FOR long-term certification CARE AND14
TREATMENT, OR CIVIL COMMITMENT PURSUANT TO SECTION 27-65-108.115
on an outpatient basis has the following rights, in addition to those16
enumerated in section 27-65-119:17
(a) To request a change to voluntary status. A change to voluntary18
status may be denied by the supervising professional person or advanced19
practice registered nurse with training in psychiatric nursing responsible20
for the respondent's treatment if the professional person or advanced21
practice registered nurse with training in psychiatric nursing determines22
reasonable grounds exist to believe that the respondent will not remain in23
a voluntary treatment program. THIS SUBSECTION (6)(a) DOES NOT APPLY24
TO A RESPONDENT WHO IS CIVILLY COMMITTED PURS UANT TO SECTION25
27-65-108.1.26
(j) To have the right to file a motion with the court at any time to27
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contest the certification. T HIS SUBSECTION (6)(j) DOES NOT APPLY TO A1
RESPONDENT WHO IS CIVILLY COMMITTED PURSUANT TO SECTION2
27-65-108.1.3
SECTION 14. In Colorado Revised Statutes, 27-65-112, amend4
(1) as follows:5
27-65-112. Termination of certification for short-term and6
long-term treatment.7
(1) (a) An original or extended certification for short-term8
treatment issued pursuant to section 27-65-108.5 or 27-65-109, or an9
order or extension for certification for long-term care and treatment10
pursuant to section 27-65-110, terminates as soon as WHEN the11
professional person in charge of treatment of the respondent and the12
BHA, AFTER A REASONABLE OBSERVATION AND TREATMENT PERIOD ,13
determine the respondent has received sufficient benefit from the14
treatment for the respondent to end involuntary treatment NO LONGER15
MEETS THE CRITERIA FOR CERTIFICATION FOR SHORT -TERM TREATMENT16
PURSUANT TO SECTION 27-65-108.3 (1).17
(b) Whenever a certification or extended certification is18
terminated pursuant to this section A T LEAST TWENTY -FOUR HOURS19
BEFORE TERMINATING A CERTIFICATION, the professional person in charge20
of providing treatment shall notify the court in writing within five days21
after the termination INDIVIDUAL OR ENTITY THAT FILED THE PETITION FOR22
CERTIFICATION FOR SHORT-TERM TREATMENT, IF A PETITION WAS FILED.23
THE INDIVIDUAL OR ENTITY THAT FILED THE PETITION MAY , WITHIN24
TWENTY-FOUR HOURS AFTER RECEIVING THE NOTICE, PETITION THE COURT25
TO INTERVENE . THE COURT MAY , IF SATISFIED BY THE PETITION TO26
INTERVENE, STAY THE TERMINATION, HOLD AN EMERGENCY HEARING AS27
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SOON AS PRACTICABLE, AND IF THE COURT FINDS THE RESPONDENT STILL1
MEETS THE CRITERIA FOR CERTIFICATION FOR SHORT -TERM TREATMENT2
PURSUANT TO SECTION 27-65-108.3 (1), EXTEND THE CERTIFICATION FOR3
A MINIMUM PERIOD OF TIME NOT TO EXCEED FOURTEEN DAYS.4
(c) IF A PETITION TO INTERVENE IS NOT FILED, OR IF THE PETITION5
WAS DENIED , THE PROFESSIONAL PERSON IN CHARGE OF PROVIDING6
TREATMENT SHALL NOTIFY THE COURT IN WRITING WITHIN FIVE DAYS7
AFTER THE TERMINATION.8
SECTION 15. In Colorado Revised Statutes, amend 27-65-1139
as follows:10
27-65-113. Jurisdiction - transfer.11
(1) Hearings before the court pursuant to section 27-65-108.5,12
27-65-109, or 27-65-110 are conducted in the same manner as other civil13
proceedings before the court. The burden of proof is on the person or14
facility seeking to detain the respondent. The court or jury shall determine15
that the respondent is in need of care and treatment only if the court or16
jury finds by clear and convincing evidence that the respondent has a17
mental health disorder and, as a result of the mental health disorder, is a18
danger to the respondent's self or others or is gravely disabled.19
(2) The court, after consultation with respondent's counsel to20
obtain counsel's recommendations, may appoint a professional person to21
examine the respondent for whom short-term treatment or long-term care22
and treatment is sought and to testify at the hearing before the court as to23
the results of the professional person's examination. The court-appointed24
professional person shall act solely in an advisory capacity, and no25
presumption is attached to the professional person's findings.26
(3) Every respondent subject to an order for short-term treatment27
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or long-term care and treatment must be advised of the respondent's right1
to appeal the order by the court at the conclusion of any hearing and, as2
a result, the order may be entered.3
(4) (1) (a) The court in which the A petition is filed under section4
27-65-106 or the OR certification is filed pursuant to section 27-65-1095
THIS ARTICLE 65, OR A COURT AUTHORIZED TO CONDUCT PROCEEDINGS6
PURSUANT TO THIS ARTICLE 65 THAT RECEIVES A COURT ORDER7
TRANSFERRING JURISDICTION OF A CIVIL COMMITMENT PURSUANT TO8
SECTION 16-8.5-118, is the court of original jurisdiction and of continuing9
jurisdiction for any further proceedings pursuant to this article 65.10
(b) When the convenience of the parties and the ends of justice11
would be promoted by a change in the court having jurisdiction, the court12
may order a transfer of the proceeding to another county. Until further13
order of the transferee court, if any, it is the court of continuing14
jurisdiction. I F MULTIPLE CRIMINAL COURTS REFER A MATTER FOR15
PROCEEDING PURSUANT TO SECTION 27-65-108.1 OR 27-65-108.5, ANY16
COURT WITH JURISDICTION MAY TRANSFER THE PROCEEDING TO ANOTHER17
COUNTY AND ALLOW FOR CONSOLIDATION OF PROCEEDINGS INTO ONE18
PROCEEDING, WHICH MAY OCCUR IN ANY COUNTY THAT PROMOTES THE19
CONVENIENCE OF THE PARTIES AND THE ENDS OF JUSTICE.20
(2) (a) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION (2),21
ANY PETITION , CERTIFICATION , TRANSFER OF JURISDICTION OF A CIVIL22
COMMITMENT, OR REQUEST FOR A PROCEEDING MAY BE FILED WHERE THE23
RESPONDENT RESIDES OR IS PHYSICALLY PRESENT FOR TREATMENT.24
(b) A REQUEST FOR APPOINTMENT OF AN ATTORNEY OR FOR25
PROCEEDINGS PURSUANT TO SECTION 27-65-104 REGARDING VOLUNTARY26
TREATMENT OF A MINOR TO WHICH THE MINOR OBJECTS MAY BE FILED IN27
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THE JURISDICTION WHERE THE MINOR IS HOSPITALIZED.1
(c) A PETITION OR REQUEST FOR A PROCEEDING REGARDING AN2
EMERGENCY MENTAL HEALTH HOLD ORDERED PURSUANT TO SECTION3
27-65-106 OR CERTIFICATION FOR SHORT -TERM TREATMENT ORDERED4
PURSUANT TO SECTION 27-65-109 MAY BE FILED IN THE JURISDICTION5
WHERE THE RESPONDENT RESIDES , WAS PHYSICALLY PRESENT AND6
TRANSPORTED FOR AN EMERGENCY MENTAL HEALTH HOLD , OR IS7
CURRENTLY IN AN INPATIENT SETTING RECEIVING TREATMENT.8
(d) A PETITION OR REQUEST FOR A PROCEEDING REGARDING9
CERTIFICATION FOR SHORT -TERM TREATMENT FOR INCOMPETENT10
DEFENDANTS IN A CRIMINAL MATTER PURSUANT TO SECTION 27-65-108.511
OR A CIVIL COMMITMENT PURSUANT TO SECTION 27-65-108.1 MAY BE12
FILED IN THE JURISDICTION WHERE THE RESPONDENT RESIDES , WAS13
PHYSICALLY PRESENT IMMEDIATELY PRIOR TO THE FILING OF THE14
PETITION, OR IS RECEIVING INPATIENT TREATMENT OR WHERE THE15
CRIMINAL COURT THAT REFERRED THE MATTER IS LOCATED.16
(5) (a) (3) (a) In the event that a respondent or a person found not17
guilty by reason of impaired mental condition pursuant to section18
16-8-103.5 (5), or by reason of insanity pursuant to section 16-8-105 (4)19
or 16-8-105.5, refuses to accept medication, the court having jurisdiction20
of the action pursuant to subsection (4) SUBSECTION (1) of this section;21
the court committing the person or defendant to the custody of the22
department pursuant to section 16-8-103.5 (5), 16-8-105 (4), or23
16-8-105.5; or the court of the jurisdiction in which the designated facility24
treating the respondent or person is located has jurisdiction and venue to25
accept a petition by a treating physician and to enter an order requiring26
that the respondent or person accept such THE treatment or, in the27
SB26-149-136-
alternative, that the medication be forcibly administered to the respondent1
or person. The court of the jurisdiction in which the designated facility is2
located shall not exercise its jurisdiction without the permission of the3
court that committed the person to the custody of the department. Upon4
the filing of such a THE petition, the court shall appoint an attorney, if one5
has not been appointed, to represent the respondent or person and hear the6
matter within ten days.7
(b) In any case brought pursuant to subsection (5)(a) SUBSECTION8
(3)(a) of this section in a court for the county in which the treating facility9
is located, the county where the proceeding was initiated pursuant to10
subsection (4) SUBSECTION (1) of this section or the court committing the11
person to the custody of the department pursuant to section 16-8-103.512
(5), 16-8-105 (4), or 16-8-105.5 shall either reimburse the county in13
which the proceeding pursuant to this subsection (5) SUBSECTION (3) was14
filed and in which the proceeding was held for the reasonable costs15
incurred in conducting the proceeding or conduct the proceeding itself16
using its own personnel and resources, including its own district or county17
attorney, as the case may be.18
(c) In the case of a defendant who is found incompetent to19
proceed pursuant to section 16-8.5-103 and who refuses to accept20
medication, the jurisdiction for the petition for involuntary treatment21
procedures is as set forth in section 16-8.5-112 SECTION 16-8.5-106.22
(6) (4) All adversarial proceedings pursuant to this article 65,23
including proceedings to impose a legal disability pursuant to section24
27-65-127, must be conducted by the district attorney of the county where25
the proceeding is held or by a qualified attorney acting for the district26
attorney appointed by the district court for that purpose; except that, in27
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any county or in any city and county having a population exceeding fifty1
thousand persons, the proceedings must be conducted by the county2
attorney or by a qualified attorney acting for the county attorney3
appointed by the district court. In any case in which there has been a4
change of venue to a county other than the county of residence of the5
respondent or the county in which the certification proceeding was6
commenced, the county from which the proceeding was transferred shall7
either reimburse the county to which the proceeding was transferred and8
in which the proceeding was held for the reasonable costs incurred in9
conducting the proceeding or conduct the proceeding itself using its own10
personnel and resources, including its own district or county attorney, as11
the case may be.12
(5) I F A CIVIL PROCEEDING WAS INITIATED PURSUANT TO THIS13
ARTICLE 65 OR TRANSFERRED PURSUANT TO SECTION 16-8.5-118 BUT THE14
PROCEEDING IS NO LONGER PROPER BECAUSE THE COURT DETERMINED15
THAT THE RESPONDENT HAS AN INTELLECTUAL AND DEVELOPMENTAL16
DISABILITY OR A NEUROCOGNITIVE DISORDER , AS THOSE TERMS ARE17
DEFINED IN SECTION 25.5-10-501, WITHOUT ANY OTHER MENTAL HEALTH18
DISORDER, THE COURT MAY MAINTAIN JURISDICTION BY ORDERING THE19
CASE TO PROCEED PURSUANT TO ARTICLE 10 OF TITLE 25.5.20
(7) Upon request of a legal guardian appointed pursuant to article21
14 of title 15, the legal guardian may intervene in any proceeding brought22
pursuant to this article 65 concerning the legal guardian's ward and,23
through c ounsel, may present evidence and represent to the court the24
views of the legal guardian concerning the appropriate disposition of the25
case.26
(8) A lay person may submit an affidavit to the court concerning27
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the lay person's relationship to the respondent, how long the lay person1
has known the respondent, the lay person's physical address, and the lay2
person's views concerning the appropriate disposition of the respondent's3
case.4
SECTION 16. In Colorado Revised Statutes, add 27-65-113.15
and 27-65-113.5 as follows:6
27-65-113.1. Hearing procedures.7
(1) A HEARING HELD PURSUANT TO SECTION 27-65-108.1,8
27-65-108.2, 27-65-108.5, 27-65-109, OR 27-65-110 MUST BE CONDUCTED9
IN THE SAME MANNER AS OTHER CIVIL PROCEEDINGS BEFORE THE COURT.10
(2) THE COURT, AFTER CONSULTATION WITH THE RESPONDENT 'S11
COUNSEL TO OBTAIN THE COUNSEL'S RECOMMENDATIONS, MAY APPOINT12
A PROFESSIONAL PERSON TO EXAMINE THE RESP ONDENT FOR WHOM A13
CERTIFICATION FOR SHORT-TERM TREATMENT OR LONG-TERM CARE AND14
TREATMENT IS SOUGHT AND TESTIFY AT THE HEARING AS TO THE RESULTS15
OF THE PROFESSIONAL PERSON 'S EXAMINATION. THE COURT-APPOINTED16
PROFESSIONAL PERSON SHALL ACT SOLELY IN AN ADVISORY CAPACITY ,17
AND NO PRESUMPTION IS ATTACHED TO THE PROFESSIONAL PERSON 'S18
FINDINGS.19
(3) UPON REQUEST OF A LEGAL GUARDIAN APPOINTED PURSUANT20
TO ARTICLE 14 OF TITLE 15, THE LEGAL GUARDIAN MAY INTERVENE IN ANY21
PROCEEDING BROUGHT PURSUANT TO THIS ARTICLE 65 CONCERNING THE22
LEGAL GUARDIAN 'S WARD AND , THROUGH COUNSEL , MAY PRESENT23
EVIDENCE AND REPRESENT TO THE COURT THE VIEWS OF THE LEGAL24
GUARDIAN CONCERNING THE APPROPRIATE DISPOSITION OF THE CASE.25
(4) A LAY PERSON MAY SUBMIT AN AFFIDAVIT TO THE COURT26
CONCERNING THE LAY PERSON'S RELATIONSHIP TO THE RESPONDENT, HOW27
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LONG THE LAY PERSON HAS KNOWN THE RESPONDENT, THE LAY PERSON'S1
PHYSICAL ADDRESS , AND THE LAY PERSON 'S VIEWS CONCERNING THE2
APPROPRIATE DISPOSITION OF THE RESPONDENT'S CASE.3
27-65-113.5. County attorney and district attorney4
responsibilities.5
(1) THE COUNTY ATTORNEY OR DISTRICT ATTORNEY IN A COUNTY6
OR CITY AND COUNTY THAT HAS A POPULATION EQUAL TO OR LESS THAN7
FIFTY THOUSAND PEOPLE , OR A QUALIFIED ATTORNEY ACTING AS THE8
COUNTY OR DISTRICT ATTORNEY 'S DESIGNEE WHO IS APPROVED BY THE9
DISTRICT COURT, HAS THE FOLLOWING POWERS AND RESPONSIBILITIES:10
(a) TO FILE AND APPEAR ON BEHALF OF THE COUNTY OR STATE IN11
ALL PROCEEDINGS BROUGHT PURSUANT TO THIS ARTICLE 65 OR12
TRANSFERRED FROM THE CRIMINAL COURT PURSUANT TO SECTION13
16-8.5-118;14
(b) T O ASSIST PROFESSIONAL PERSONS , INTERVENING15
PROFESSIONALS, CERTIFIED PEACE OFFICERS , REPRESENTATIVES OF THE16
BHA, REPRESENTATIVES OF OCFMH, AND INDIVIDUALS ENTITLED TO17
MAKE REQUESTS TO DETAIN OR RESTRICT THE RIGHTS OF A RESPONDENT18
THROUGH AN EMERGENCY MENTAL HEALTH HOLD , EVALUATIONS ,19
CERTIFICATIONS, OR COMMITMENTS ORDERED PURSUANT TO THIS ARTICLE20
65 BY MAKING FILINGS TO THE COURT , INCLUDING ELECTRONICALLY21
INITIATING AND FILING MATERIALS WITH THE COURT SYSTEM;22
(c) T O EXERCISE DUE DILIGENCE IN GATHERING INFORMATION23
FROM AVAILABLE SOURCES FOR USE IN PROCEEDINGS BROUGHT PURSUANT24
TO THIS ARTICLE 65; AND25
(d) TO SHARE AND PROVIDE INFORMATION ABOUT PROCEEDINGS26
BROUGHT PURSUANT TO THIS ARTICLE 65 TO INTERESTED PARTIES AS27
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ALLOWABLE BY LAW.1
SECTION 17. In Colorado Revised Statutes, amend 27-65-1142
as follows:3
27-65-114. Appeals.4
(1) Appellate review of any order of FOR CERTIFICATION FOR5
short-term treatment or long-term care and treatment OR FOR CIVIL6
COMMITMENT may be had as provided in the Colorado appellate rules. An7
appeal must be advanced upon the calendar of the appellate court and8
must be decided at the earliest practicable time. Pending disposition by9
the appellate court, the court may make such order as the court may10
consider proper in the premises relating to the care and custody of the11
respondent.12
(2) T HE COURT SHALL ADVISE A RESP ONDENT SUBJECT TO AN13
ORDER FOR CERTIFICATION FOR SHORT-TERM TREATMENT OR LONG-TERM14
CARE AND TREATMENT OR FOR CIVIL COMMITMENT OF THE RESPONDENT'S15
RIGHT TO APPEAL THE ORDER AT THE CONCLUSION OF ANY HEARING.16
SECTION 18. In Colorado Revised Statutes, 27-65-118, amend17
(1)(a) as follows:18
27-65-118. Right to treatment - rules.19
(1) (a) Any person receiving an evaluation or treatment pursuant20
to this article 65 is entitled to medical and psychiatric care and treatment,21
with regard to services listed in section 27-50-301 and services listed in22
rules authorized by section 27-66-102, suited to meet the person's23
individual needs, delivered in such a way as to keep the person in the24
least-restrictive environment, and delivered in such a way as to include25
the opportunity for participation of family members in the person's26
program of care and treatment, when appropriate. Nothing in A PERSON27
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RECEIVING AN EVALUATION OR TREATMENT PURSUANT TO THIS ARTICLE1
65 MUST NOT BE DENIED CARE OR DISCHARGED DUE TO AN INABILITY TO2
PAY. This subsection (1)(a) creates DOES NOT CREATE any right with3
respect to any person other than the person receiving an evaluation, care,4
or treatment. The professional person and the agency or facility providing5
an evaluation, care, or treatment shall keep records detailing all care and6
treatment received by the person, and the records must be made available,7
upon the person's written authorization, to the person's attorney or the8
person's personal physician. The records are permanent records and must9
be retained in accordance with section 27-65-123 (4).10
SECTION 19. In Colorado Revised Statutes, 27-65-123, add (7),11
(8), (9), and (10) as follows:12
27-65-123. Records.13
(7) (a) COURT RECORDS IN PROCEEDINGS BROUGHT PURSUANT TO14
THIS ARTICLE 65 MUST BE MAINTAINED SEPARATELY BY THE CLERKS OF15
THE SEVERAL COURTS AND THE CASE NUMBER AND PROCEEDINGS MUST16
NOT BE MADE PUBLIC OR RELEASED , EXCEPT AS PROVIDED IN THIS17
SECTION.18
(b) UPON THE TERMINATION OF A CERTIFICATION PURSUANT TO19
SECTION 27-65-112 OR THE TERMINATION OF CIVIL COMMITMENT20
PURSUANT TO SECTION 27-65-108.2, THE CLERK OF THE COURT SHALL21
IMMEDIATELY SEAL THE RECORD IN THE CASE AND OMIT THE22
RESPONDENT'S NAME FROM THE INDEX OF CASES IN THE COURT UNTIL AND23
UNLESS THE RESPONDENT BECOMES SUBJECT TO AN ORDER OF24
CERTIFICATION FOR LONG -TERM CARE AND TREATMENT PURSUANT TO25
SECTION 27-65-110 AND UNLESS THE COURT ORDERS THE RECORDS26
OPENED FOR GOOD CAUSE SHOWN . IN THE EVENT A PETITION IS FILED27
SB26-149-142-
PURSUANT TO SECTION 27-65-110 OR 27-65-108.1, THE CERTIFICATION1
RECORD MAY BE OPENED AND BECOME PART OF THE RECORD IN THE2
CERTIFICATION FOR LONG -TERM CARE AND TREATMENT CASE AND THE3
NAME OF THE RESPONDENT INDEXED.4
(c) N OTWITHSTANDING SUBSECTION (7)(b) OF THIS SECTION ,5
WHILE A MATTER IS PENDING OR AFTER IT IS SEALED , THE COURT MAY6
DISCLOSE THE EXISTENCE OF THE PROCEEDING , THE CASE NUMBER, AND7
COURT RECORDS TO THE RESPONDENT OR ANY ATTORNEY REPRESENTING8
THE RESPONDENT IN ANY PROCEEDING OR MATTER WITH A RELEASE9
SIGNED BY THE RESPONDENT OR PURSUANT TO A COURT ORDER. WHEN A10
COURT ORDER SPECIFICALLY AUTHORIZING DISCLOSURE OR A VALID11
RELEASE FOR A RECORD IS PRESENTED TO THE CLERK OF THE COURT, THE12
CLERK SHALL ACKNOWLEDGE THE EXISTENCE OF THE CASE AND PROVIDE13
THE CASE NUMBER AND RECORDS TO THE RESPONDENT OR AUTHORIZED14
REQUESTOR POSSESSING A COURT ORDER OR A RELEASE.15
(8) WHEN A CERTIFIED PEACE OFFICER INITIATES OR PARTICIPATES16
IN THE INITIATION OF AN EMERGENCY MENTAL HEALTH HOLD AS17
DESCRIBED IN SECTION 27-65-106, THE COURT , COUNTY ATTORNEY , OR18
DISTRICT ATTORNEY CONDUCTING ANY SUBSEQUENT PROCEEDINGS19
PURSUANT TO THIS ARTICLE 65, AND THE PROVIDER WHO CONDUCTS AN20
EVALUATION OR PROVIDES CARE, MAY, WITHOUT COURT AUTHORIZATION,21
PROVIDE THE CERTIFIED PEACE OFFICER'S AGENCY WITH THE FOLLOWING22
LIMITED INFORMATION:23
(a) W HETHER OR NOT A PROFESSIONAL PERSON FOUND THE24
RESPONDENT MET THE CRITERIA FOR CERTIFICATION FOR SHORT -TERM25
TREATMENT PURSUANT TO SECTION 27-65-108.3 (1);26
(b) WHETHER THE RESPONDENT WAS RELEASED OR REMAINS IN27
SB26-149-143-
INPATIENT CARE AND WHETHER FURTHER CARE IS BEING PROVIDED TO THE1
RESPONDENT; AND2
(c) WHETHER OR NOT FURTHER PROCEEDINGS WERE INITIATED FOR3
A CERTIFICATION FOR SHORT-TERM TREATMENT.4
(9) SEALING RECORDS BY THE COURT DOES NOT PREVENT A PARTY5
TO RELATED CRIMINAL CASES , A PARTY TO A PROCEEDING BROUGHT6
PURSUANT TO THIS ARTICLE 65, THE DEPARTMENT , A PROFESSIONAL7
PERSON, OR AN INTERVENING PROFESSIONAL WITH LAWFUL POSSESSION OF8
RECORDS FROM MAINTAINING AND USING THE RECORDS , UNLESS9
PROHIBITED BY LAW.10
(10) A PARTY TO RELATED CRIMINAL CASES , A PARTY TO A11
PROCEEDING BROUGHT PURSUANT TO THIS ARTICLE 65, THE DEPARTMENT,12
A PROFESSIONAL PERSON, OR AN INTERVENING PROFESSIONAL MAY SEEK13
TO UNSEAL CASE RECORDS FOR GOOD CAUSE, WHICH INCLUDES THE NEED14
TO USE THE RECORDS IN OTHER CRIMINAL PROCEEDINGS INVOLVING15
COMPETENCY PURSUANT TO ARTICLE 8.5 OF TITLE 16 OR PROCEEDINGS16
BROUGHT PURSUANT TO THIS ARTICLE 65.17
SECTION 20. In Colorado Revised Statutes, 27-65-131, amend18
(1) introductory portion, (1)(g), and (1)(h); and add (1)(i) as follows: 19
27-65-131. Data report.20
(1) Beginning January 1, 2025, and each ON OR BEFORE January21
1 thereafter OF EACH YEAR, the BHA shall annually submit a report to the22
general assembly on the outcomes and effectiveness of the involuntary23
commitment system described in this article 65, disaggregated by region,24
including any recommendations to improve the system and outcomes for25
persons involuntarily committed or certified pursuant to this article 65.26
The report must include aggregated and disaggregated nonidentifying27
SB26-149-144-
individual-level data. At a minimum, the report must include: 1
(g) Barriers and opportunities with local providers, the judicial2
branch, and law enforcement; and3
(h) How many individuals were placed in the custody of the BHA4
on a certification for short-term treatment who were concurrently5
involved in the criminal justice system, including the outcomes of each6
person and any barriers and opportunities that may exist to better serve7
the population; AND8
(i) H OW MANY INDIVIDUALS WHO MET THE CRITERIA FOR9
SHORT-TERM CERTIFICATION REQUIRED INPATIENT PLACEMENT, CARE, OR10
TREATMENT BUT WERE NOT PROVIDED INPATIENT PLACEMENT, CARE, OR11
TREATMENT BECAUSE IT WAS NOT AVAILABLE.12
SECTION 21. In Colorado Revised Statutes, add part 5 to article13
10 of title 25.5 as follows:14
PART 515
PROTECTIVE PLACEMENT AND16
ENHANCED PROTECTIVE PLACEMENT17
25.5-10-501. Definitions.18
AS USED IN THIS PART 5, UNLESS THE CONTEXT OTHERWISE19
REQUIRES:20
(1) "BEHAVIORAL HEALTH ADMINISTRATION" OR "BHA" MEANS21
THE BEHAVIORAL HEALTH ADMINISTRATION ESTABLISHED IN SECTION22
27-60-203.23
(2) "D ANGER TO OTHERS " HAS THE MEANING SET FORTH IN24
SECTION 27-65-102.25
(3) "DANGER TO THE PERSON'S SELF", OR SIMILAR TERMINOLOGY,26
HAS THE MEANING SET FORTH IN SECTION 27-65-102.27
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(4) "DEPARTMENT OF HEALTH CARE POLICY AND FINANCING" OR1
"HCPF" MEANS THE DEPARTMENT OF HEALTH CARE POLICY AND2
FINANCING CREATED IN SECTION 24-1-119.5.3
(5) "INTELLECTUAL AND DEVELOPMENTAL DISABILITY" HAS THE4
MEANING SET FORTH IN SECTION 25.5-10-202.5
(6) "INTERVENING PROFESSIONAL" HAS THE MEANING SET FORTH6
IN SECTION 27-65-102.7
(7) "MENTAL HEALTH DISORDER" HAS THE MEANING SET FORTH IN8
SECTION 27-65-102.9
(8) "N EUROCOGNITIVE DISORDER " MEANS A SUBSTANTIAL AND10
PERSISTENT DISORDER OF THE COGNITIVE OR NEUROLOGICAL PROCESSES11
THAT GROSSLY IMPAIRS JUDGMENT, MEMORY, OR CAPACITY TO RECOGNIZE12
REALITY OR TO CONTROL BEHAVIOR , GENERAL INTELLECTUAL13
FUNCTIONING, OR ADAPTIVE BEHAVIOR THAT IS ATTRIBUTABLE TO A14
NEUROLOGICAL OR COGNITIVE DISORDER OR RELATED CONDITION ,15
INCLUDING, BUT NOT LIMITED TO , A TRAUMATIC BRAIN INJURY , A16
DEGENERATIVE DISORDER, OR DEMENTIA. "NEUROCOGNITIVE DISORDER"17
DOES NOT INCLUDE AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY.18
(9) "P ROFESSIONAL PERSON " HAS THE MEANING SET FORTH IN19
SECTION 27-65-102.20
(10) "R EGIONAL CENTER " MEANS A FACILITY OR PROGRAM21
OPERATED DIRECTLY BY THE DEPARTMENT OF HUMAN SERVICES THAT22
PROVIDES SERVICES AND SUPPORTS TO PERSONS WITH INTELLECTUAL AND23
DEVELOPMENTAL DISABILITIES.24
(11) "SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS" HAS THE25
MEANING SET FORTH IN SECTION 27-65-102.26
25.5-10-502. Criteria and standards for protective placement.27
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(1) T HE COURT MAY ORDER THE PROTECTIVE PLACEMENT OF A1
PERSON, IF, BY CLEAR AND CONVINCING EVIDENCE, THE PERSON:2
(a) HAS A NEUROCOGNITIVE DISORDER;3
(b) I S UNWILLING OR UNABLE TO COMPLY WITH VOLUNTARY4
TREATMENT OR REASONABLE GROUNDS EXIST TO BELIEVE THAT THE5
PERSON WILL NOT REMAIN IN A VOLUNTARY TREATMENT PROGRAM; AND6
(c) IS A DANGER TO THE PERSON'S SELF OR A DANGER TO OTHERS.7
(2) WHEN EVALUATING A PERSON TO DETERMINE WHETHER THE8
PERSON MEETS THE CRITERIA PURSUANT TO SUBSECTION (1) OF THIS9
SECTION, THE COURT , EVALUATOR , INTERVENING PROFESSIONAL , OR10
PROFESSIONAL PERSON SHALL TAKE INTO CONSIDERATION:11
(a) THE PERSON'S STATEMENTS AND INSIGHTS INTO THE PERSON'S12
OWN NEUROCOGNITIVE DISORDER;13
(b) C LINICAL DIAGNOSIS AND CLINICAL PERSPECTIVE ON THE14
PERSON'S CURRENT MENTAL STATE AND PROGNOSIS;15
(c) T HE PERSON 'S WILLINGNESS TO VOLUNTARILY SEEK AND16
COMPLY WITH A TREATMENT PLAN IN THE REASONABLY FORESEEABLE17
FUTURE;18
(d) RECENT OVERT ACTS BY THE PERSON TO THREATEN, CAUSE, OR19
ATTEMPT TO CAUSE HARM TO THE PERSON'S SELF OR OTHERS;20
(e) P REVIOUS PATTERNS OF DETERIORATION THAT RESULTED IN21
THE PERSON 'S HOSPITALIZATION , ARREST , CERTIFICATION FOR22
SHORT-TERM TREATMENT, OR PROTECTIVE PLACEMENT;23
(f) WHETHER THE PERSON WAS FOUND IN A CONDITION WHERE THE24
PERSON WAS NOT ABLE TO CARE FOR THE PERSON'S OWN BASIC NEEDS IN25
ORDER TO AVOID THE RISK OF SERIOUS PHYSICAL HARM; AND26
(g) T HE FREQUENCY , RECENCY , AND SEVERITY OF THE27
SB26-149-147-
CONSIDERATIONS DESCRIBED IN SUBSECTIONS (2)(b) TO (2)(f) OF THIS1
SECTION AND THE LIKELIHOOD THAT THE CONDITIONS AND EVENTS WILL2
REOCCUR WITHOUT INVOLUNTARY TREATMENT.3
(3) WHEN EVALUATING WHETHER A PERSON IS A DANGER TO THE4
PERSON'S SELF OR A DANGER TO OTHERS, IS GRAVELY DISABLED, OR POSES5
A SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS , THE COURT ,6
EVALUATOR, OR INTERVENING PROFESSIONAL SHALL , WHENEVER7
POSSIBLE, USE ALL REASONABLE EFFORTS TO LEARN ABOUT PRIOR8
RELEVANT BEHAVIORS AND PRIOR DIAGNOSES THROUGH AVAILABLE AND9
RELIABLE SOURCES , INCLUDING THE PERSON 'S PRIOR MEDICAL AND10
MENTAL HEALTH RECORDS , POLICE REPORTS , AND INFORMATION FROM11
RELIABLE INDIVIDUALS WHO HAVE A RELATIONSHIP OR REGULAR12
SUBSTANTIAL INTERACTIONS WITH THE PERSON.13
(4) T HE COURT OR PROFESSIONAL PERSON SHALL ASSESS AN14
INCARCERATED PERSON AS IF THE PERSON WERE IN THE COMMUNITY WHEN15
EVALUATING WHETHER THE PERSON MEETS THE CRITERIA PURSUANT TO16
SUBSECTION (1) OF THIS SECTION.17
25.5-10-503. Short-term protective placement - procedure.18
(1) T HE COURT MAY ORDER THE PROTECTIVE PLACEMENT OF A19
PERSON FOR NOT MORE THAN THREE MONTHS IF A PROFESSIONAL PERSON20
OR INTERVENING PROFESSIONAL ACTING WITHIN THE SCOPE OF THEIR21
AUTHORITY OPINES THAT THE PERSON MEETS THE CRITERIA FOR22
PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-502 (1) AND THE23
PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL:24
(a) H AS AN ESTABLISHED TREATMENT RELATIONSHIP WITH THE25
PERSON, INCLUDING HAVING PROVIDED CARE TO THE PERSON IN THE PAST26
THREE MONTHS, WHICH CONTACT FORMS THE BASIS FOR REQUESTING THE27
SB26-149-148-
PROTECTIVE PLACEMENT; OR1
(b) HAS EVALUATED THE PERSON PURSUANT TO THIS ARTICLE 10,2
ARTICLE 65 OF TITLE 27, OR ARTICLE 8 OR 8.5 OF TITLE 16 WITHIN THE3
PAST NINETY-ONE DAYS.4
(2) (a) THE PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL5
SHALL PROVIDE ALL RELEVANT INFORMATION , INCLUDING OTHERWISE6
CONFIDENTIAL MEDICAL INFORMATION , TO THE COUNTY ATTORNEY TO7
ASSIST IN FILING A PETITION FOR PROTECTIVE PLACEMENT.8
(b) THE PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL9
MAY DISCUSS ALL RELEVANT INFORMATION WITH THE PARTIES UNTIL THE10
PROCEEDINGS BROUGHT PURSUANT TO THIS PART 5 HAVE CONCLUDED.11
(c) THE COUNTY ATTORNEY OR APPOINTED LEGAL GUARDIAN MAY12
FILE A PETITION FOR PROTECTIVE PLACEMENT USING THE INFORMATION13
RECEIVED FROM THE PROFESSIONAL PERSON OR INTERVENING14
PROFESSIONAL PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION . THE15
PETITION MUST:16
(I) STATE SUFFICIENT FACTS TO ESTABLISH REASONABLE GROUNDS17
THAT THE PERSON MEETS THE CRITERIA FOR PROTECTIVE PLACEMENT18
PURSUANT TO SECTION 25.5-10-502 (1);19
(II) BE ACCOMPANIED BY AN AFFIDAVIT FROM THE PROFESSIONAL20
PERSON OR INTERVENING PROFESSIONAL WITH AN ESTABLISHED21
TREATMENT RELATIONSHIP WITH THE PERSON OR AN EVALUATOR22
CONDUCTING THE EVALUATION OF THE PERSON PURSUANT TO THIS23
ARTICLE 10, ARTICLE 65 OF TITLE 27, OR ARTICLE 8 OR 8.5 OF TITLE 16;24
AND25
(III) RECOMMEND WHETHER THE PROTECTIVE PLACEMENT SHOULD26
OCCUR ON AN INPATIENT OR OUTPATIENT BASIS.27
SB26-149-149-
(3) T HE RESPONDENT BEING UNDER THE CARE OF A SUITABLE1
PROVIDER WHO IS WILLING TO ACCEPT THE PROTECTIVE PLACEMENT IS NOT2
A PREREQUISITE TO INITIATING A PROTECTIVE PLACEMENT PURSUANT TO3
THIS SECTION.4
(4) WITHIN TWENTY-FOUR HOURS AFTER THE PETITION IS FILED ,5
COPIES OF THE PETITION MUST BE PERSONALLY DELIVERED TO THE6
RESPONDENT, HCPF, THE BHA, AND OCFMH, AND A COPY MUST BE KEPT7
BY ANY KNOWN PROVIDER , THE FACILITY THAT HAS CUSTODY OF THE8
RESPONDENT, AND THE EVALUATING FACILITY AS PART OF THE9
RESPONDENT'S RECORD, IF APPLICABLE. THE FACILITY OR COURT SHALL10
ASK THE RESPONDENT TO DESIGNATE A LAY PERSON WHOM THE11
RESPONDENT WISHES TO BE INFORMED REGARDING THE PROTECTIVE12
PLACEMENT. IF THE RESPONDENT IS INCAPABLE OF MAKING A13
DESIGNATION AT THE TIME THE PETITION IS DELIVERED, THE RESPONDENT14
MUST BE ASKED TO DESIGNATE A LAY PERSON AS SOON AS THE15
RESPONDENT IS CAPABLE. IN ADDITION TO THE COPY OF THE PETITION, THE16
RESPONDENT MUST BE GIVEN A WRITTEN NOTICE THAT A HEARING UPON17
THE RESPONDENT 'S PROTECTIVE PLACEMENT MAY BE HAD BEFORE THE18
COURT OR A JURY UPON WRITTEN REQUEST DIRECTED TO THE COURT19
PURSUANT TO SUBSECTION(8) OF THIS SECTION.20
(5) WHENEVER A PETITION IS FILED WITH THE COURT PURSUANT TO21
THIS SECTION, THE COURT SHALL IMMEDIATELY APPOINT AN ATTORNEY TO22
REPRESENT THE RESPONDENT . THE RESPONDENT HAS THE RIGHT TO AN23
ATTORNEY FOR ALL PROCEEDINGS CONDUCTED PURSUANT TO THIS24
SECTION, INCLUDING ANY APPEALS . THE ATTORNEY REPRESENTING THE25
RESPONDENT MUST BE PROVIDED WITH A COPY OF THE PETITION26
IMMEDIATELY UPON THE ATTORNEY 'S APPOINTMENT. THE RESPONDENT27
SB26-149-150-
MAY ONLY WAIVE COUNSEL WHEN THE RESPONDENT MAKES A KNOWING1
AND INTELLIGENT WAIVER IN FRONT OF THE COURT.2
(6) AFTER THE PETITION FOR PROTECTIVE PLACEMENT IS FILED ,3
THE COURT SHALL SCHEDULE A FIRST APPEARANCE AND ENTER ANY4
ORDERS NECESSARY TO HAVE THE RESP ONDENT BR OUGHT BEFORE THE5
COURT.6
(7) AT THE RESPONDENT'S FIRST APPEARANCE, THE COURT SHALL:7
(a) ADVISE THE RESPONDENT OF THE CONTENTS OF THE PETITION;8
(b) A SK THE RESPONDENT TO DESIGNATE A PERSON WHOM THE9
RESPONDENT WANTS TO BE INFORMED OF THE PROCEEDINGS . IF THE10
RESPONDENT IS INCAPABLE OF MAKING A DESIGNATION, THE COURT MAY11
LATER ASK THE RESPONDENT TO DESIGNATE A PERSON AS SOON AS THE12
RESPONDENT IS CAPABLE.13
(c) ASK WHETHER THE RESPONDENT CONTESTS THE PETITION. THE14
COURT SHALL ALLOW THE RESPONDENT REAS ONABLE TIME TO15
INVESTIGATE WHETHER TO CONTEST THE PETITION. IF THE RESPONDENT IS16
UNABLE OR REFUSES TO STATE WHETHER THE RESPONDENT CONTESTS THE17
PETITION, THE COURT SHALL ENTER A FINDING THAT THE RESPONDENT IS18
CONTESTING THE PETITION.19
(8) THE RESPONDENT MAY AT ANY TIME FILE A WRITTEN REQUEST20
CONTESTING THE PETITION OR PROTECTIVE PLACEMENT, SEEKING REVIEW21
OF THE PROTECTIVE PLACEMENT, OR SEEKING TERMINATION OF INPATIENT22
TREATMENT AND THAT TREATMENT CONTINUE ON AN OUTPATIENT BASIS.23
THE COURT SHALL HEAR THE MATTER WITHIN TEN DAYS AFTER THE24
REQUEST, AND THE COURT SHALL GIVE NOTICE TO THE RESPONDENT AND25
THE RESPONDENT'S ATTORNEY AND THE TREATING PROFESSIONAL PERSON26
OF THE TIME AND PLACE OF THE HEARING. THE HEARING MUST BE HELD IN27
SB26-149-151-
ACCORDANCE WITH SECTION 25.5-10-510. AT THE CONCLUSION OF THE1
HEARING, THE COURT MAY ENTER OR CONFIRM THE ORDER FOR2
PROTECTIVE PLACEMENT, DISCHARGE THE RESPONDENT , OR ENTER ANY3
OTHER APPROPRIATE ORDER.4
(9) (a) T HE DEPARTMENT OF HEALTH CARE POLICY AND5
FINANCING, IN COLLABORATION WITH THE BHA, IS RESPONSIBLE FOR6
FINDING AN APPROPRIATE PROVIDER AND PLACEMENT FOR THE7
RESPONDENT. THE COURT MAY ORDER HCPF AND THE BHA TO8
INVESTIGATE PLACEMENT, INCLUDING PRIOR TO A HEARING TO DETERMINE9
IF THE RESPONDENT MEETS THE CRITERIA FOR PROTECTIVE PLACEMENT.10
(b) U NLESS AN APPROPRIATE PROVIDER HAS ALREADY BEEN11
IDENTIFIED AND IS WILLING TO ACCEPT THE PROTECTIVE PLACEMENT, THE12
COURT SHALL ORDER HCPF AND THE BHA TO PROVIDE CARE13
COORDINATION AND MAKE DILIGENT EFFORTS TO FIND A PROVIDER FOR14
THE RESPONDENT . HCPF AND THE BHA MAY SHARE , AS NECESSARY ,15
INFORMATION WITH POTENTIALLY APPROPRIATE CARE PROVIDERS AND16
PARTIES. HCPF AND THE BHA SHALL KEEP THE COURT INFORMED , IN17
WRITING, OF EFFORTS MADE TO FIND AN APPROPRIATE PROVIDER FOR THE18
RESPONDENT.19
(c) U PON ORDERING A PROTECTIVE PLACEMENT OF THE20
RESPONDENT, THE PROVIDER ORDERED TO RECEIVE THE RESPONDENT HAS21
CARE AND PHYSICAL CUSTODY OF THE RESPONDENT.22
(d) WHENEVER IT APPEARS TO THE COURT THAT A RESPONDENT IN23
A PROTECTIVE PLACEMENT SHOULD BE TRANSFERRED TO ANOTHER24
PROVIDER FOR TREATMENT AND THE SAFETY OF THE RESPONDENT OR THE25
PUBLIC REQUIRES THAT THE RESPONDENT BE TRANSPORTED BY A SECURE26
TRANSPORTATION PROVIDER OR A LAW ENFORCEMENT AGENCY , THE27
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COURT MAY ISSUE AN ORDER DIRECTING THE LAW ENFORCEMENT AGENCY1
WHERE THE RESPONDENT RESIDES OR SECURE TRANSPORTATION PROVIDER2
TO DELIVER THE RESPONDENT TO THE DESIGNATED PROVIDER.3
(e) THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING4
AND THE BHA MAY RECEIVE AND POSSESS ALL INFORMATION RELEVANT5
TO THE PROCEEDINGS PURSUANT TO THIS SECTION , INCLUDING ANY6
EVALUATIONS; ANY MEDICAL AND MENTAL HEALTH RECORDS FOR WHICH7
A WAIVER OR PRIVILEGE HAS BEEN FOUND IN PROCEEDINGS PURSUANT TO8
THIS PART 5, ARTICLE 65 OF TITLE 27, OR ARTICLE 8 OR 8.5 OF TITLE 16;9
AND RELEVANT CRIMINAL JUSTICE RECORDS , INCLUDING ANY CRIMINAL10
HISTORY OF THE RESPONDENT.11
(10) I F THE COURT FINDS THAT THE RESPONDENT MEETS THE12
CRITERIA FOR PROTECTIVE PLACEMENT AND THAT RESIDENTIAL CARE IS13
NECESSARY, BUT NO RESIDENTIAL CARE PROVIDER, INCLUDING A SKILLED14
NURSING FACILITY OR REGIONAL CENTER, IS WILLING AND ABLE TO ACCEPT15
THE RESPONDENT AFTER ALL REAS ONABLE EFFORTS HAVE BEEN16
EXHAUSTED, THE COURT SHALL NOTIFY HCPF OF THE FINDING, REFER THE17
RESPONDENT FOR COMMUNITY -BASED SERVICES , AND DISMISS THE18
PETITION.19
(11) I N ACCORDANCE WITH THE PROCEDURES DESCRIBED IN20
SECTION 25.5-10-506, A PROTECTIVE PLACEMENT MAY BE TERMINATED21
UPON THE SIGNATURE OF THE TREATING MEDICAL PROFESSIONAL AND THE22
MEDICAL DIRECTOR OF THE FACILITY. A RESPONDENT UNDER AN ORDERED23
PROTECTIVE PLACEMENT ON AN OUTPATIENT BASIS MAY BE DISCHARGED24
UPON THE SIGNATURE OF THE APPROVED PROFESSIONAL PERSON25
OVERSEEING THE RESPONDENT 'S TREATMENT , AND THE PROFESSIONAL26
PERSON SHALL NOTIFY HCPF AND THE BHA PRIOR TO THE DISCHARGE. A27
SB26-149-153-
FACILITY OR PROGRAM SHALL MAKE THE RESPONDENT 'S DISCHARGE1
INSTRUCTIONS AVAILABLE TO THE RESP ONDENT, THE RESPONDENT 'S2
ATTORNEY, AND THE RESPONDENT 'S LEGAL GUARDIAN , IF APPLICABLE ,3
WITHIN SEVEN DAYS AFTER DISCHARGE , IF REQUESTED . A FACILITY OR4
PROGRAM THAT IS TRANSFERRING A RESPONDENT TO A DIFFERENT5
TREATMENT FACILITY OR TO AN OUTPATIENT PROVIDER SHALL PROVIDE6
ALL TREATMENT RECORDS TO THE FACILITY OR PROVIDER ACCEPTING THE7
RESPONDENT AT LEAST TWENTY-FOUR HOURS PRIOR TO THE TRANSFER.8
(12) I F THE PROFESSIONAL PERSON IN CHARGE OF THE9
RESPONDENT'S EVALUATION AND TREATMENT BELIEVES THAT A PERIOD10
LONGER THAN THREE MONTHS IS NECESSARY TO TREAT THE RESPONDENT,11
THE PROFESSIONAL PERSON SHALL FILE WITH THE COURT A REQUEST FOR12
AN EXTENDED PROTECTIVE PLACEMENT AT LEAST THIRTY DAYS PRIOR TO13
THE EXPIRATION DATE OF THE ORIGINAL PROTECTIVE PLACEMENT . AN14
EXTENDED PROTECTIVE PLACEMENT FOR TREATMENT MUST NOT BE FOR A15
PERIOD OF MORE THAN THREE MONTHS. THE RESPONDENT IS ENTITLED TO16
A HEARING ON THE EXTENDED PROTECTIVE PLACEMENT UNDER THE SAME17
CONDITIONS AS AN ORIGINAL PROTECTIVE PLACEMENT . THE ATTORNEY18
INITIALLY REPRESENTING THE RESPONDENT SHALL CONTINUE TO19
REPRESENT THE RESPONDENT , UNLESS THE COURT APPOINTS ANOTHER20
ATTORNEY.21
25.5-10-504. Long-term protective placement of persons with22
a neurocognitive disorder - procedure.23
(1) I F A RESPONDENT HAS RECEIVED AN EXTENDED PROTECTIVE24
PLACEMENT PURSUANT TO SECTION 25.5-10-503, THE PROFESSIONAL25
PERSON IN CHARGE OF THE EXTENDED PROTECTIVE PLACEMENT , THE26
APPOINTED LEGAL GUARDIAN , OR THE COUNTY ATTORNEY MAY FILE A27
SB26-149-154-
PETITION WITH THE COURT AT LEAST THIRTY DAYS PRIOR TO THE1
EXPIRATION DATE OF THE EXTENDED PROTECTIVE PLACEMENT FOR A2
LONG-TERM PROTECTIVE PLACEMENT OF THE RESPONDENT UNDER THE3
FOLLOWING CONDITIONS:4
(a) T HE PROFESSIONAL STAFF OF THE AGENCY OR FACILITY5
PROVIDING SHORT -TERM PROTECTIVE PLACEMENT HAS ANALYZED THE6
RESPONDENT'S CONDITION AND FOUND THE RESPONDENT CONTINUES TO7
MEET THE CRITERIA FOR PROTECTIVE PLACEMENT PURSUANT TO SECTION8
25.5-10-502 (1); AND9
(b) THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING, IN10
COLLABORATION WITH THE BHA, HAS IDENTIFIED A PROVIDER OR11
PLACEMENT TO PROVIDE CARE AND TREATMENT OF THE RESPONDENT.12
(2) A PETITION FOR LONG -TERM PROTECTIVE PLACEMENT MUST13
INCLUDE A REQUEST FOR A HEARING BEFORE THE COURT PRIOR TO THE14
EXPIRATION OF SIX MONTHS AFTER THE DATE OF THE ORIGINAL ORDER FOR15
A PROTECTIVE PLACEMENT AND PROVIDE A RECOMMENDATION AS TO16
WHETHER THE LONG-TERM PROTECTIVE PLACEMENT SHOULD TAKE PLACE17
ON AN INPATIENT OR OUTPATIENT BASIS . A COPY OF THE PETITION MUST18
BE DELIVERED PERSONALLY TO THE RESPONDENT FOR WHOM LONG-TERM19
PROTECTIVE PLACEMENT IS SOUGHT AND ELECTRONICALLY DELIVERED TO20
THE RESPONDENT'S ATTORNEY OF RECORD SIMULTANEOUSLY WITH THE21
FILING.22
(3) W ITHIN TEN DAYS AFTER RECEIPT OF THE PETITION , THE23
RESPONDENT MAY REQUEST A HEARING BEFORE THE COURT OR A JURY24
TRIAL BY FILING A WRITTEN REQUEST WITH THE COURT.25
(4) T HE COURT OR JURY SHALL DETERMINE WHETHER THE26
CONDITIONS OF SUBSECTION (1) OF THIS SECTION ARE MET AND WHETHER27
SB26-149-155-
THE RESPONDENT CONTINUES TO MEET THE CRITERIA AND STANDARDS FOR1
PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-502 (1). THE2
COURT SHALL ISSUE AN ORDER OF LONG -TERM PROTECTIVE PLACEMENT3
FOR A TERM NOT TO EXCEED SIX MONTHS , DISCHARGE THE RESPONDENT4
FOR WHOM LONG-TERM PROTECTIVE PLACEMENT WAS SOUGHT, OR ENTER5
ANY OTHER APPROPRIATE ORDER. AN ORDER FOR LONG-TERM PROTECTIVE6
PLACEMENT MUST GRANT CUSTODY OF THE RESPONDENT TO THE BHA FOR7
PLACEMENT WITH AN AGENCY OR FACILITY THAT IS APPROPRIATE TO8
PROVIDE LONG -TERM PROTECTIVE PLACEMENT . THE BHA, IN9
COOPERATION WITH HCPF MAY DELEGATE THE PHYSICAL CUSTODY OF10
THE RESPONDENT TO ANY FACILITY OR PROVIDER APPROPRIATE TO CARE11
FOR THE RESPONDENT AND THE REQUIREMENT FOR THE PROVISION OF12
SERVICES AND CARE COORDINATION . WHEN A PETITION CONTAINS A13
REQUEST THAT A SPECIFIC LEGAL DISABILITY BE IMPOSED OR THAT A14
SPECIFIC LEGAL RIGHT BE DEPRIVED , THE COURT MAY ORDER THE15
DISABILITY IMPOSED OR THE RIGHT DEPRIVED IF THE COURT OR A JURY HAS16
DETERMINED THAT THE RESPONDENT MEETS THE CRITERIA AND17
STANDARDS FOR PROTECTIVE PLACEMENT PURSUANT TO SECTION18
25.5-10-502 (1) AND THAT, AS A RESULT, THE RESPONDENT IS UNABLE TO19
COMPETENTLY EXERCISE THE SPECIFIC LEGAL RIGHT OR PERFORM THE20
FUNCTION FOR WHICH THE DISABILITY IS SOUGHT TO BE IMPOSED . ANY21
INTERESTED PERSON MAY ASK LEAVE OF THE COURT TO INTERVENE AS A22
COPETITIONER FOR THE PURPOSE OF SEEKING THE IMPOSITION OF A LEGAL23
DISABILITY OR THE DEPRIVATION OF A LEGAL RIGHT.24
(5) AN ORIGINAL ORDER OF LONG-TERM PROTECTIVE PLACEMENT25
AND AN EXTENSION OF THE ORDER EXPIRES ON THE DATE SPECIFIED ,26
UNLESS FURTHER EXTENDED AS PROVIDED IN THIS SUBSECTION (5). IF AN27
SB26-149-156-
EXTENSION IS BEING SOUGHT, THE PROFESSIONAL PERSON IN CHARGE OF1
THE EVALUATION AND TREATMENT SHALL CERTIFY TO THE COURT AT2
LEAST THIRTY DAYS PRIOR TO THE EXPIRATION DATE OF THE ORDER IN3
FORCE THAT AN EXTENSION OF THE ORDER IS NECESSARY FOR THE4
PROTECTIVE PLACEMENT OF THE RESPONDENT SUBJECT TO THE ORDER IN5
FORCE, AND A COPY OF THE ORDER MUST BE SIMULTANEOUSLY DELIVERED6
TO THE RESPONDENT AND ELECTRONICALLY DELIVERED TO THE7
RESPONDENT'S ATTORNEY OF RECORD. AT LEAST TWENTY DAYS BEFORE8
THE EXPIRATION OF THE ORDER, THE COURT SHALL GIVE WRITTEN NOTICE9
TO THE RESPONDENT AND THE RESPONDENT'S ATTORNEY OF RECORD THAT10
A HEARING UPON THE EXTENSION MAY BE HAD BEFORE THE COURT OR A11
JURY UPON WRITTEN REQUEST TO THE COURT WITHIN TEN DAYS AFTER12
RECEIPT OF THE NOTICE. IF A HEARING IS NOT TIMELY REQUESTED BY THE13
RESPONDENT, THE COURT MAY PROCEED EX PARTE . IF A HEARING IS14
TIMELY REQUESTED, THE HEARING MUST BE HELD BEFORE THE EXPIRATION15
DATE OF THE ORDER IN FORCE . IF THE COURT OR JURY FINDS THAT THE16
CONDITIONS OF SUBSECTION (1) OF THIS SECTION CONTINUE TO BE MET17
AND THAT THE RESPONDENT CONTINUES TO MEET THE CRITERIA AND18
STANDARDS FOR PROTECTIVE PLACEMENT PURSUANT TO SECTION19
25.5-10-502 (1), THE COURT SHALL ISSUE AN EXTENSION OF THE ORDER.20
ANY EXTENSION MUST NOT EXCEED SIX MONTHS, BUT THERE MAY BE AS21
MANY EXTENSIONS AS THE COURT ORDERS PURSUANT TO THIS SECTION.22
(6) A RESPONDENT PLACED IN LONG -TERM PROTECTIVE23
PLACEMENT MAY BE DISCHARGED FROM THE PROVIDER OR FACILITY UPON24
THE SIGNATURE OF THE TREATING PROFESSIONAL PERSON AND MEDICAL25
DIRECTOR OF THE FACILITY, AND THE FACILITY SHALL NOTIFY THE BHA26
AND HCPF PRIOR TO THE RESPONDENT'S DISCHARGE. THE FACILITY SHALL27
SB26-149-157-
MAKE THE RESPONDENT'S DISCHARGE INSTRUCTIONS AVAILABLE TO THE1
RESPONDENT, THE RESPONDENT 'S ATTORNEY , THE RESPONDENT 'S LAY2
PERSON, AND THE RESPONDENT'S LEGAL GUARDIAN, IF APPLICABLE, WITHIN3
ONE WEEK AFTER DISCHARGE , IF REQUESTED . A FACILITY THAT IS4
TRANSFERRING A RESPONDENT TO A DIFFERENT FACILITY OR TO AN5
OUTPATIENT PROGRAM SHALL PROVIDE ALL TREATMENT RECORDS TO THE6
FACILITY OR PROVIDER ACCEPTING THE RESPONDENT AT LEAST7
TWENTY-FOUR HOURS PRIOR TO THE TRANSFER.8
25.5-10-505. Protective placement on an outpatient basis or9
host home - short-term and long-term treatment.10
(1) A RESPONDENT IN A PROTECTIVE PLACEMENT PURSUANT TO11
SECTION 25.5-10-503 OR 25.5-10-504 MAY BE TREATED ON AN12
OUTPATIENT BASIS . THE OUTPATIENT TREATMENT PROVIDER SHALL13
DEVELOP A TREATMENT PLAN FOR THE RESPONDENT RECEIVING14
TREATMENT ON AN OUTPATIENT BASIS WITH THE GOAL OF THE15
RESPONDENT FINDING AND SUSTAINING STABILITY. THE TREATMENT PLAN16
MUST INCLUDE MEASURES TO KEEP THE RESPONDENT OR THE COMMUNITY17
SAFE, AS INFORMED BY THE RESPONDENT 'S NEED FOR PROTECTIVE18
PLACEMENT. THE TREATMENT PLAN MAY INCLUDE , BUT IS NOT LIMITED19
TO:20
(a) CASE MANAGEMENT;21
(b) DAY OR PARTIAL-DAY PROGRAMMING ACTIVITIES;22
(c) OUTPATIENT PROGRAMS INCLUDING TREATMENT;23
(d) EDUCATIONAL AND VOCATIONAL TRAINING OR ACTIVITIES; AND24
(e) HOUSING AND TRANSPORTATION ASSISTANCE.25
(2) AT A COURT HEARING, THE RESPONDENT, THE RESPONDENT'S26
LEGAL GUARDIAN , THE RESPONDENT 'S PATIENT REPRESENTATIVE , THE27
SB26-149-158-
RESPONDENT'S LAY PERSON , OR ANY PARTY MAY CONTEST A1
RESPONDENT'S TREATMENT REGIMEN OR PROTECTIVE PLACEMENT2
REQUIREMENTS.3
(3) T HE FACILITY OR PROVIDER RESPONSIBLE FOR PROVIDING4
SERVICES TO A RESPONDENT IN A PROTECTIVE PLACEMENT ON AN5
OUTPATIENT BASIS SHALL PROACTIVELY REACH OUT TO THE RESPONDENT6
TO ENGAGE THE RESP ONDENT IN TREATMENT OR PROGRAMMING . THE7
FACILITY OR PROVIDER RESPONSIBLE FOR PROVIDING SERVICES TO A8
RESPONDENT IN A PROTECTIVE PLACEMENT ON AN OUTPATIENT BASIS9
SHALL PROVIDE THE COURT WITH INFORMATION ON THE FACILITY 'S10
PROACTIVE OUTREACH TO THE RESPONDENT.11
(4) IF A RESPONDENT IS PLACED IN A MORE RESTRICTIVE SETTING,12
THE RESPONDENT HAS THE RIGHT TO JUDICIAL REVIEW OF THE PLACEMENT13
WITHIN TEN DAYS AFTER FILING A WRITTEN REQUEST FOR JUDICIAL14
REVIEW.15
(5) (a) IN ADDITION TO ANY OTHER LIMITATION ON LIABILITY , A16
PERSON PROVIDING CARE TO A RESPONDENT PLACED ON SHORT-TERM OR17
LONG-TERM PROTECTIVE PLACEMENT ON AN OUTPATIENT BASIS IS ONLY18
LIABLE FOR HARM SUBSEQUENTLY CAUSED:19
(I) BY OR TO A RESPONDENT WHO HAS BEEN TERMINATED FROM20
PROTECTIVE PLACEMENT DESPITE MEETING STATUTORY CRITERIA FOR21
PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-502 (1); OR22
(II) BY SERVICES PROVIDED TO THE RESPONDENT NOT WITHIN THE23
SCOPE OF THE PERSON 'S PROFESSIONAL LICENSE, OR IF THE PERSON WAS24
RECKLESS OR GROSSLY NEGLIGENT IN PROVIDING SERVICES.25
(b) A PROVIDER IS NOT LIABLE IF A RESPONDENT 'S PROTECTIVE26
PLACEMENT IS TERMINATED, DESPITE MEETING CRITERIA FOR PROTECTIVE27
SB26-149-159-
PLACEMENT, IF THE PROVIDER IS UNABLE TO LOCATE THE RESPONDENT1
DESPITE PROACTIVE AND REASONABLE OUTREACH.2
(6) A RESPONDENT SUBJECT TO A SHORT -TERM OR LONG -TERM3
PROTECTIVE PLACEMENT ON AN OUTPATIENT BASIS HAS THE FOLLOWING4
RIGHTS, IN ADDITION TO THOSE ENUMERATED IN SECTION 25.5-10-514:5
(a) TO REQUEST A CHANGE TO VOLUNTARY STATUS. A CHANGE TO6
VOLUNTARY STATUS MAY BE DENIED BY THE SUPERVISING PROFESSIONAL7
PERSON RESPONSIBLE FOR THE RESPONDENT 'S TREATMENT IF THE8
PROFESSIONAL PERSON DETERMINES REASONABLE GROUNDS EXIST TO9
BELIEVE THAT THE RESPONDENT WILL NOT REMAIN IN A VOLUNTARY10
TREATMENT PROGRAM.11
(b) TO BE TREATED FAIRLY, WITH RESPECT AND RECOGNITION OF12
THE RESPONDENT'S DIGNITY AND INDIVIDUALITY, BY ALL EMPLOYEES OF13
THE TREATMENT FACILITY WITH WHOM THE RESPONDENT COMES IN14
CONTACT;15
(c) TO APPROPRIATE TREATMENT, WHICH MUST BE ADMINISTERED16
SKILLFULLY, SAFELY, AND HUMANELY . A RESPONDENT SHALL RECEIVE17
TREATMENT SUITED TO THE RESPONDENT 'S NEEDS THAT MUST BE18
DETERMINED IN COLLABORATION WITH THE RESPONDENT.19
(d) T O NOT BE DISCRIMINATED AGAINST ON THE BASIS OF AGE ,20
RACE, ETHNICITY, RELIGION, CULTURE, SPOKEN LANGUAGE, PHYSICAL OR21
MENTAL DISABILITY, SOCIOECONOMIC STATUS, SEX, SEXUAL ORIENTATION,22
GENDER IDENTITY, OR GENDER EXPRESSION;23
(e) TO RETAIN AND CONSULT WITH AN ATTORNEY AT ANY TIME;24
(f) W ITHIN FORTY -EIGHT HOURS AFTER THE RESPONDENT 'S25
REQUEST, TO SEE AND RECEIVE THE SERVICES OF A PATIENT26
REPRESENTATIVE WHO HAS NO DIRECT OR INDIRECT CLINICAL ,27
SB26-149-160-
ADMINISTRATIVE, OR FINANCIAL RESPONSIBILITY FOR THE RESPONDENT;1
(g) TO HAVE THE RESPONDENT'S TREATMENT ORDERS FOR SCOPE2
OF TREATMENT REVIEWED AND CONSIDERED BY THE COURT;3
(h) T O HAVE THE RESPONDENT 'S INFORMATION AND RECORDS4
DISCLOSED TO ADULT FAMILY MEMBERS AND A LAY PERSON PURSUANT TO5
SECTION 25.5-10-515;6
(i) TO HAVE ACCESS TO A REPRESENTATIVE WITHIN THE FACILITY7
WHO PROVIDES ASSISTANCE TO FILE A GRIEVANCE; AND8
(j) TO HAVE THE RIGHT TO FILE A MOTION WITH THE COURT AT ANY9
TIME TO CONTEST THE PROTECTIVE PLACEMENT.10
25.5-10-506. Termination of protective placement - short-term11
and long-term placement.12
(1) A PROTECTIVE PLACEMENT TERMINATES WHEN THE13
PROFESSIONAL PERSON IN CHARGE OF TREATMENT OF THE RESPONDENT14
AND HCPF, AFTER A REASONABLE OBSERVATION AND TREATMENT15
PERIOD, DETERMINE THE RESPONDENT NO LONGER MEETS THE CRITERIA16
FOR PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-502 (1).17
(2) A T LEAST TWENTY -FOUR HOURS BEFORE TERMINATING A18
PROTECTIVE PLACEMENT , THE PROFESSIONAL PERSON IN CHARGE OF19
PROVIDING TREATMENT SHALL NOTIFY THE INDIVIDUAL OR ENTITY THAT20
FILED THE PETITION FOR PROTECTIVE PLACEMENT . THE INDIVIDUAL OR21
ENTITY THAT FILED THE PETITION MAY , WITHIN TWENTY -FOUR HOURS22
AFTER RECEIVING THE NOTICE, PETITION THE COURT TO INTERVENE. THE23
COURT MAY , IF SATISFIED BY THE PETITION TO INTERVENE , STAY THE24
TERMINATION, HOLD AN EMERGENCY HEARING AS SOON AS PRACTICABLE,25
AND IF THE COURT FINDS THE RESPONDENT STILL MEETS THE CRITERIA FOR26
PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-502 (1), EXTEND27
SB26-149-161-
THE PROTECTIVE PLACEMENT FOR A MINIMUM PERIOD OF TIME NOT TO1
EXCEED FOURTEEN DAYS.2
(3) IF A PETITION TO INTERVENE IS NOT FILED, OR IF THE PETITION3
WAS DENIED , THE PROFESSIONAL PERSON IN CHARGE OF PROVIDING4
TREATMENT SHALL NOTIFY THE COURT IN WRITING WITHIN FIVE DAYS5
AFTER THE TERMINATION.6
25.5-10-507. Court supervision of incompetent and7
unrestorable persons ordered into an enhanced protective placement.8
(1) ONCE A CRIMINAL COURT HAS TRANSFERRED JURISDICTION OF9
AN ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION 16-8.5-11810
TO A CIVIL COURT WITH JURISDICTION PURSUANT TO SECTION 25.5-10-509,11
THE CIVIL COURT HAS EXCLUSIVE JURISDICTION OVER THE ENHANCED12
PROTECTIVE PLACEMENT.13
(2) UPON RECEIVING JURISDICTION OF AN ENHANCED PROTECTIVE14
PLACEMENT, THE COURT SHALL:15
(a) NOTIFY THE COUNTY ATTORNEY;16
(b) APPOINT AN ATTORNEY TO REPRESENT THE RESPONDENT AND17
PROVIDE COPIES OF ANY DOCUMENTS SENT FROM THE CRIMINAL COURT TO18
THE RESPONDENT'S ATTORNEY; AND19
(c) S ET A REVIEW HEARING AND ORDER THE RESP ONDENT20
BROUGHT BEFORE THE COURT.21
(3) AT THE REVIEW HEARING, THE COURT SHALL:22
(a) ENSURE THE RESPONDENT IS REPRESENTED BY COUNSEL; AND23
(b) ADVISE THE RESPONDENT OF THE FOLLOWING RIGHTS:24
(I) THE RIGHT TO APPEAR IN PERSON AT ANY PROCEEDING, UNLESS25
WAIVED BY THE RESPONDENT;26
(II) T HE RIGHT TO BE REPRESENTED BY PRIVATELY RETAINED27
SB26-149-162-
COUNSEL, OR COURT-APPOINTED COUNSEL IF THE RESPONDENT DOES NOT1
HAVE PRIVATELY RETAINED COUNSEL , DURING ANY PROCEEDING HELD2
PURSUANT TO THIS PART 5, INCLUDING ANY APPEALS;3
(III) THE RIGHT TO REQUEST MODIFICATION OF THE TERMS OF THE4
ENHANCED PROTECTIVE PLACEMENT; AND5
(IV) T HE RIGHT TO PERIODIC REVIEW OF THE ENHANCED6
PROTECTIVE PLACEMENT AND THE RIGHT TO CONTEST , INCLUDING BY7
TRIAL, WHETHER THE RESPONDENT QUALIFIES FOR TERMINATION OF THE8
ENHANCED PROTECTIVE PLACEMENT.9
(4) AT ANY TIME DURING THE ENHANCED PROTECTIVE PLACEMENT,10
THE COURT MAY:11
(a) MODIFY ANY COURT ORDER OR ANY TERM OF THE ENHANCED12
PROTECTIVE PLACEMENT UPON REQUEST OF THE PARTIES AFTER GIVING13
THE PARTIES AN OPPORTUNITY TO OBJECT AND BE HEARD;14
(b) ISSUE A WARRANT FOR THE RESPONDENT'S ARREST AND ORDER15
THE RESPONDENT BE BROUGHT BEFORE THE COURT IF THE COURT16
DETERMINES THE RESPONDENT HAS FAILED TO COMPLY WITH ANY OF THE17
COURT'S ORDERS , INCLUDING THE RESPONDENT 'S UNAUTHORIZED18
DEPARTURE FROM THE PHYSICAL CUSTODY OF A PROVIDER;19
(c) ORDER OCFMH TO PROVIDE TO THE COURT:20
(I) AN UPDATED OPINION ON WHETHER THE RESPONDENT MEETS21
THE CRITERIA FOR TERMINATION OF THE ENHANCED PROTECTIVE22
PLACEMENT PURSUANT TO SECTION 25.5-10-508; AND23
(II) A N OPINION ON WHETHER THE RESPONDENT HAS AN24
INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR NEUROCOGNITIVE25
DISORDER WITHOUT HAVING ANY OTHER MENTAL HEALTH DISORDER THAT26
IS NOT AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR27
SB26-149-163-
NEUROCOGNITIVE DISORDER AND THAT SUBSTANTIALLY CONTRIBUTES TO1
WHETHER THE RESPONDENT IS A DANGER TO THE RESPONDENT'S SELF OR2
A DANGER TO OTHERS, OR IS GRAVELY DISABLED;3
(d) U PON THE REQUEST OF ANY PARTY , THE REQUEST OF THE4
INDIVIDUAL OR ENTITY WITH PHYSICAL CARE AND CUSTODY OF THE5
RESPONDENT, OR THE COURT'S OWN MOTION, CONDUCT A REVIEW OF THE6
RESPONDENT'S PLACEMENT AND ENTER ANY ORDERS NECESSARY FOR7
SHARING OR RECEIVING INFORMATION NECESSARY TO REVIEW AND MODIFY8
THE PLACEMENT;9
(e) ORDER, AS NECESSARY, APPROPRIATE ENTITIES, INCLUDING THE10
SHERIFF, TO BRING THE RESPONDENT BEFORE THE COURT OR TAKE THE11
RESPONDENT TO THE PLACEMENT WHERE PHYSICAL CUSTODY OF THE12
RESPONDENT HAS BEEN ORDERED;13
(f) A PPOINT A LEGAL GUARDIAN PURSUANT TO ARTICLE 14 OF14
TITLE 15; OR15
(g) ISSUE ORDERS AS NECESSARY TO EFFECTUATE AND ENFORCE16
THE COURT'S POWERS AND RESPONSIBILITIES PURSUANT TO THIS SECTION,17
INCLUDING AUTHORIZATION FOR THE REASONABLE USE OF FORCE ,18
WARRANTS FOR THE ARREST OF THE RESPONDENT , OR CONTEMPT19
PROCEEDINGS AGAINST A NONCOMPLIANT INDIVIDUAL OR ENTITY.20
(5) (a) THE COURT SHALL ENSURE THE RESPONDENT IS PLACED IN21
THE LEAST-RESTRICTIVE PLACEMENT ADEQUATE TO PROTECT THE VICTIM22
AND THE COMMUNITY AND PROVIDE, TO THE GREATEST EXTENT POSSIBLE,23
THE APPROPRIATE LEVEL OF CARE, TREATMENT, AND SUPERVISION OF THE24
RESPONDENT.25
(b) PRIOR TO MODIFYING THE ENHANCED PROTECTIVE PLACEMENT26
TO CHANGE THE RESPONDENT 'S PROVIDER OR PLACEMENT , THE COURT27
SB26-149-164-
SHALL REVIEW THE APPROPRIATENESS OF THE PROPOSED PROVIDER OR1
PLACEMENT, INCLUDING WHETHER THE PROVIDER FITS THE RESPONDENT'S2
DIAGNOSIS AND TREATMENT NEEDS AND WHETHER THE PLACEMENT3
SUFFICIENTLY PROTECTS THE COMMUNITY FROM THE SUBSTANTIAL RISK4
OF SERIOUS HARM TO OTHERS POSED BY THE RESPONDENT.5
(c) U PON REQUEST , THE COURT SHALL PERMIT OCFMH, THE6
PARTIES, OR THE APPOINTED LEGAL GUARDIAN THE OPPORTUNITY TO7
OBJECT AND BE HEARD PRIOR TO THE COURT'S DECISION. THE COURT MAY8
PERMIT TESTIMONY IF THE COURT BELIEVES IT WOULD BE HELPFUL TO THE9
COURT'S DECISION.10
(d) WHEN DECIDING WHETHER TO APPROVE THE NEW PROVIDER OR11
PLACEMENT, THE COURT SHALL GIVE DEFERENCE TO OCFMH AND THE12
OPINION OF ANY MEDICAL PROFESSIONAL ON THE APPROPRIATENESS OF13
THE PROVIDER AND PLACEMENT FOR THE RESPONDENT , BUT DEFERENCE14
MUST NOT BE GIVEN TO OCFMH OR A MEDICAL PROFESSIONAL AS TO15
WHETHER THE PLACEMENT SUFFICIENTLY PROTECTS ANY VICTIMS AND THE16
COMMUNITY FROM THE SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS17
POSED BY THE RESPONDENT. WHEN CONSIDERING THE APPROPRIATENESS18
OF THE PLACEMENT FOR THE RESPONDENT, VICTIMS, AND THE COMMUNITY,19
THE COURT SHALL CONSIDER THE TOTALITY OF THE CIRCUMSTANCES ,20
INCLUDING:21
(I) T HE RESPONDENT 'S STATEMENTS AND INSIGHTS INTO THE22
RESPONDENT'S OWN NEUROCOGNITIVE DISORDER OR INTELLECTUAL AND23
DEVELOPMENTAL DISABILITY;24
(II) THE CLINICAL DIAGNOSIS AND CLINICAL PERSPECTIVE ON THE25
RESPONDENT'S CURRENT MENTAL STATE AND PROGNOSIS;26
(III) T HE RESPONDENT 'S WILLINGNESS AND DEMONSTRATED27
SB26-149-165-
ABILITY TO VOLUNTARILY SEEK AND COMPLY WITH TREATMENT AND1
SERVICES IN THE REASONABLY FORESEEABLE FUTURE;2
(IV) R ECENT OVERT ACTS BY THE RESPONDENT TO THREATEN ,3
CAUSE, OR ATTEMPT TO CAUSE HARM TO THE RESPONDENT 'S SELF OR4
OTHERS;5
(V) PREVIOUS PATTERNS OF DETERIORATION THAT RESULTED IN6
THE RESPONDENT 'S HOSPITALIZATION , ARREST , CERTIFICATION FOR7
SHORT-TERM TREATMENT, OR PROTECTIVE PLACEMENT;8
(VI) W HETHER THE RESPONDENT WAS FOUND IN A CONDITION9
WHERE THE RESPONDENT WAS NOT ABLE TO CARE FOR THE RESPONDENT'S10
OWN BASIC NEEDS IN ORDER TO AVOID THE RISK OF SERIOUS PHYSICAL11
HARM; AND12
(VII) T HE FREQUENCY , RECENCY , AND SEVERITY OF THE13
CONSIDERATIONS DESCRIBED IN SUBSECTIONS (5)(d)(II) TO (5)(d)(VI) OF14
THIS SECTION AND THE LIKELIHOOD THAT THE CONDITIONS AND EVENTS15
WILL REOCCUR WITHOUT INPATIENT TREATMENT.16
(e) THE COURT SHALL NOT MODIFY THE ENHANCED PROTECTIVE17
PLACEMENT TO PLACE THE RESPONDENT INTO A STATE HOSPITAL UNLESS18
THE COURT HAS EXHAUSTED ALL REASONABLE ATTEMPTS TO FIND AN19
ALTERNATIVE, INCLUDING IN A REGIONAL CENTER OR SKILLED NURSING20
FACILITY, AND NO OTHER LESS-RESTRICTIVE PLACEMENTS ARE ADEQUATE21
TO PROTECT THE VICTIM AND THE COMMUNITY . IF THE RESPONDENT IS22
PLACED IN A STATE HOSPITAL, THE RESPONDENT SHALL BE TRANSFERRED23
TO A REGIONAL CENTER , SKILLED NURSING FACILITY , OR OTHER24
APPROPRIATE COMMUNITY PLACEMENT AS SOON AS APPROPRIATE AND25
POSSIBLE.26
(f) THE COURT SHALL NOT PERMIT OR ORDER A RESPONDENT TO BE27
SB26-149-166-
PLACED INTO A COMMUNITY -BASED SETTING FOR THE FIRST TIME SINCE1
BEING IN AN ENHANCED PROTECTIVE PLACEMENT UNLESS:2
(I) T HE VICTIMS HAVE BEEN NOTIFIED OF A CRITICAL STAGE , AS3
DEFINED IN SECTION 24-4.1-302 (2)(q.3), AND GIVEN THE OPPORTUNITY TO4
BE HEARD; AND5
(II) T HE DISTRICT ATTORNEY IN THE CASE THAT SOUGHT CIVIL6
COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT HAS BEEN NOTIFIED7
AND GIVEN AN OPPORTUNITY TO OBJECT AND BE HEARD.8
(g) I F THE COURT MODIFIES THE RESPONDENT 'S PROVIDER OR9
PLACEMENT, THE COURT SHALL ISSUE ANY ORDERS NECESSARY TO10
MITIGATE THE RESPONDENT'S RISK TO ANY VICTIMS OR THE COMMUNITY,11
INCLUDING ORDERING THE PROVIDER TO TAKE REASONABLE AND12
PRACTICABLE PROTECTIVE MEASURES TO PREVENT THE RESPONDENT FROM13
CONTACTING ANY VICTIMS; EXCEPT THAT THE COURT SHALL NOT ORDER14
THE RESPONDENT TO COMPLY WITH ANY CONDITIONS THAT ARE NOT15
NECESSARY TO MITIGATE THE RESPONDENT 'S RISK OR WITH WHICH THE16
RESPONDENT CANNOT COMPLY.17
(6) (a) I F THE COURT ORDERS THE RESPONDENT TO BE PLACED18
WITHIN HCPF, THE EXECUTIVE DIRECTOR OF HCPF SHALL DESIGNATE THE19
STATE FACILITY AT WHICH THE RESPONDENT IS HELD FOR CARE AND20
TREATMENT AND MAY TRANSFER THE RESPONDENT FROM ONE FACILITY TO21
ANOTHER IF , IN THE OPINION OF THE EXECUTIVE DIRECTOR , IT IS22
APPROPRIATE TO DO SO IN THE INTEREST OF THE PROPER CARE, CUSTODY,23
AND TREATMENT OF THE RESPONDENT OR FOR THE PROTECTION OF THE24
PUBLIC OR PERSONNEL AT THE FACILITIES IN QUESTION.25
(b) N OTWITHSTANDING SUBSECTION (6)(a) OF THIS SECTION ,26
HCPF SHALL:27
SB26-149-167-
(I) E NSURE THE RESPONDENT IS PLACED IN THE1
LEAST-RESTRICTIVE PLACEMENT ADEQUATE TO PROTECT THE VICTIM AND2
THE COMMUNITY AND PROVIDE, TO THE GREATEST EXTENT POSSIBLE, THE3
APPROPRIATE LEVEL OF CARE , TREATMENT , AND SUPERVISION OF THE4
RESPONDENT; AND5
(II) N OT PLACE THE RESPONDENT IN A COMMUNITY -BASED6
SETTING FOR THE FIRST TIME SINCE THE RESPONDENT WAS SUBJECTED TO7
AN ENHANCED PROTECTIVE PLACEMENT WITHOUT PRIOR APPROVAL OF THE8
COURT PURSUANT TO SUBSECTION (5) OF THIS SECTION.9
(7) TERMINATION OF THE ENHANCED PROTECTIVE PLACEMENT IS10
GOVERNED BY SECTION 25.5-10-508.11
(8) T HE PROVIDER CHARGED WITH THE PHYSICAL CARE AND12
CUSTODY OF THE RESPONDENT SHALL SUBMIT A REPORT TO THE COURT13
AND THE PARTIES ANNUALLY BY THE DATE THE RESPONDENT WAS14
ORDERED INTO ENHANCED PROTECTIVE PLACEMENT UNLESS A15
SUBSTANTIALLY SIMILAR EXAMINATION WAS ORDERED WITHIN THE16
PREVIOUS TWELVE MONTHS. THE REPORT MUST INCLUDE:17
(a) THE PROVIDER'S OPINION ABOUT WHETHER THE RESPONDENT:18
(I) M EETS THE CRITERIA FOR SHORT -TERM CERTIFICATION19
PURSUANT TO SECTION 27-65-108.3 (1) OR SHORT -TERM PROTECTIVE20
PLACEMENT PURSUANT TO SECTION 25.5-10-503 (1);21
(II) C ONTINUES TO MEET THE CRITERIA FOR ENHANCED22
PROTECTIVE PLACEMENT PURSUANT TO SECTION 16-8.5-118;23
(III) MEETS THE CRITERIA FOR CIVIL COMMITMENT PURSUANT TO24
SECTION 16-8.5-118;25
(IV) IS APPROPRIATELY PLACED; AND26
(V) MEETS THE CRITERIA FOR TERMINATION OF THE ENHANCED27
SB26-149-168-
PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-508;1
(b) A SUMMARY OF THE MATERIALS REVIEWED , ASSESSMENTS2
CONDUCTED, AND OTHER BASES OF OPINIONS RENDERED;3
(c) T HE RESPONDENT 'S DIAGNOSIS AND WHETHER THE4
RESPONDENT'S SYMPTOMS ARE IN REMISSION;5
(d) A SUMMARY OF THE SERVICES OR TREATMENT PROVIDED TO6
THE RESPONDENT SINCE THE LAST REPORT AND THE RESPONDENT 'S7
PROGRESS;8
(e) A SUMMARY OF THE RESPONDENT 'S COMPLIANCE WITH9
TREATMENT OR SERVICES, INCLUDING INFORMATION ABOUT MEDICATIONS10
CURRENTLY PRESCRIBED TO THE RESPONDENT AND WHETHER THE11
RESPONDENT IS COMPLIANT WITH TAKING THE PRESCRIBED MEDICATIONS;12
(f) A N ASSESSMENT OF THE RESPONDENT 'S RISK OF HARM TO13
OTHERS;14
(g) A SUMMARY OF THE RESPONDENT 'S TREATMENT OR SERVICE15
NEEDS BY UTILIZING EVIDENCE -BASED STANDARDS OF INDIVIDUALIZED16
TREATMENT AND MANAGEMENT OF INDIVIDUALS WITH AN ENHANCED17
PROTECTIVE PLACEMENT;18
(h) A SUMMARY OF THE SPECIFIC TREATMENT OR SERVICE OPTIONS19
AVAILABLE TO THE RESPONDENT IN THE COMMUNITY AND THE SPECIFIC20
TREATMENT OR SERVICE OPTIONS AVAILABLE TO THE RESPONDENT AT A21
FACILITY DESIGNATED BY THE EXECUTIVE DIRECTOR;22
(i) A SUMMARY OF WHETHER AND HOW ONGOING RISKS COULD BE23
MITIGATED IF THE RESPONDENT WERE PLACED IN THE COMMUNITY; AND24
(j) S PECIFIC FACTS AND EVIDENCE SUPPORTING EACH OPINION25
MADE PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION.26
(9) T HE COURT MAY ORDER ANY TREATMENT OR SERVICE27
SB26-149-169-
PROVIDER WHO HAS AGREED OR WHO HAS BEEN ORDERED TO PROVIDE1
SERVICES OR TREATMENT TO THE RESPONDENT TO ISSUE REGULAR2
PROGRESS REPORTS CONTAINING INFORMATION REQUIRED PURSUANT TO3
SUBSECTION (8) OF THIS SECTION OR OTHER INFORMATION DEEMED4
NECESSARY FOR THE COURT'S SUPERVISION OF THE ENHANCED PROTECTIVE5
PLACEMENT.6
(10) (a) T HE COURT MAY , UPON A SHOWING OF GOOD CAUSE ,7
ORDER AN EXAMINATION BY A PSYCHOLOGIST OR PSYCHIATRIST8
REGARDING THE RESPONDENT 'S PROGRESS WITH TREATMENT AND9
WHETHER THE RESPONDENT MEETS THE CRITERIA FOR CONVERSION OF THE10
ENHANCED PROTECTIVE PLACEMENT TO CERTIFICATION FOR SHORT-TERM11
TREATMENT OR SHORT -TERM PROTECTIVE PLACEMENT , OR MEETS THE12
CRITERIA FOR TERMINATION OF THE ENHANCED PROTECTIVE PLACEMENT13
PURSUANT TO SECTION 25.5-10-508. THE RESPONDENT SHALL COOPERATE14
WITH ANY EXAMINATIONS ORDERED PURSUANT TO THIS SUBSECTION15
(10)(a).16
(b) S TATEMENTS MADE BY THE RESPONDENT DURING AN17
EXAMINATION CONDUCTED PURSUANT TO THIS SUBSECTION (10) MUST NOT18
BE USED IN ANY CRIMINAL PROSECUTION.19
25.5-10-508. Termination of enhanced protective placement.20
(1) T HE COURT SHALL TERMINATE A RESPONDENT 'S ENHANCED21
PROTECTIVE PLACEMENT ORDERED PURSUANT TO SECTION 25.5-10-50722
WHEN THE RESPONDENT:23
(a) NO LONGER POSES A SUBSTANTIAL RISK OF SERIOUS HARM TO24
OTHERS; OR25
(b) N O LONGER HAS A NEUROCOGNITIVE DISORDER OR26
INTELLECTUAL AND DEVELOPMENTAL DISABILITY THAT IS LIKELY TO27
SB26-149-170-
CAUSE THE RESPONDENT TO BE A DANGER TO THE RESPONDENT'S SELF OR1
A DANGER TO OTHERS AND THE RESPONDENT HAS DEMONSTRATED2
SUFFICIENT CAPACITY AND WILLINGNESS TO CONFORM THE RESPONDENT'S3
CONDUCT TO THE REQUIREMENTS OF THE LAW.4
(2) IF A TREATMENT PROVIDER CHARGED WITH THE PHYSICAL CARE5
AND CUSTODY OF THE RESPONDENT DETERMINES THAT THE RESPONDENT6
MEETS THE STANDARD FOR TERMINATION FROM ENHANCED PROTECTIVE7
PLACEMENT PURSUANT TO SUBSECTION (1) O F T H I S S E C T I O N, THE8
PROVIDER OR THE PROVIDER 'S DESIGNEE SHALL REPORT THE9
DETERMINATION TO THE COURT THAT PLACED THE RESPONDENT INTO THE10
PROVIDER'S CARE AND CUSTODY , THE COUNTY ATTORNEY , AND THE11
DISTRICT ATTORNEY WHO ORIGINALLY REQUESTED A CIVIL COMMITMENT12
OR AN ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION13
16-8.5-118. THE COURT SHALL FURNISH A COPY OF THE REPORT TO THE14
RESPONDENT AND THE RESPONDENT'S COUNSEL.15
(3) (a) WITHIN THIRTY-FIVE DAYS AFTER RECEIVING THE REPORT16
DESCRIBED IN SUBSECTION (2) OF THIS SECTION, UNLESS THE RESPONDENT17
IS NOT ENTITLED TO A TERMINATION TRIAL PURSUANT TO SUBSECTION (5)18
OF THIS SECTION, THE COURT SHALL BRING THE RESPONDENT BEFORE THE19
COURT, ENSURE THE RESPONDENT AND THE RESPONDENT 'S COUNSEL20
RECEIVED A COPY OF THE REPORT, AND ADVISE THE RESPONDENT OF THE21
RIGHT TO DEMAND A TRIAL BY THE COURT OR THE RIGHT TO DEMAND, IN22
WRITING, A JURY TRIAL OF NOT MORE THAN SIX INDIVIDUALS TO23
DETERMINE WHETHER THE RESP ONDENT MEETS THE CRITERIA FOR24
TERMINATION PURSUANT TO SUBSECTION (1) OF THIS SECTION.25
(b) IF THE RESPONDENT DEMANDS A TRIAL BEFORE THE COURT, THE26
COURT SHALL SCHEDULE THE TRIAL WITHIN THIRTY-FIVE DAYS AFTER THE27
SB26-149-171-
DEMAND. IF THE RESPONDENT DEMANDS A JURY TRIAL, THE COURT SHALL1
SCHEDULE THE TRIAL WITHIN SEVENTY-TWO DAYS AFTER THE DEMAND. A2
DELAY ATTRIBUTABLE TO THE RESPONDENT IS EXCLUDED FROM THE TIME3
LIMITATIONS IN THIS SUBSECTION (3)(b). IF THE COURT DOES NOT BEGIN4
THE TRIAL WITHIN THE TIME PERMITTED PURSUANT TO THIS SUBSECTION5
(3)(b), THE COURT SHALL TERMINATE THE ENHANCED PROTECTIVE6
PLACEMENT AND RELEASE THE RESPONDENT FROM THE PROVIDER'S CARE7
AND CUSTODY.8
(c) A FTER SETTING THE TRIAL , THE COURT SHALL PROMPTLY9
NOTIFY THE DISTRICT ATTORNEY WHO ORIGINALLY SOUGHT CIVIL10
COMMITMENT OR AN ENHANCED PROTECTIVE PLACEMENT PURSUANT TO11
SECTION 16-8.5-118.12
(4) (a) A T THE TRIAL , IF ANY EVIDENCE IS INTRODUCED THAT13
SHOWS THE RESPONDENT DOES NOT MEET THE CRITERIA FOR TERMINATION14
OF THE ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SUBSECTION (1)15
OF THIS SECTION , THE RESPONDENT HAS THE BURDEN TO SHOW BY A16
PREPONDERANCE OF THE EVIDENCE THAT THE RESPONDENT MEETS THE17
CRITERIA FOR TERMINATION PURSUANT TO SUBSECTION (1) OF THIS18
SECTION.19
(b) I F THE TRIER OF FACT FINDS THE RESPONDENT MEETS THE20
CRITERIA FOR TERMINATION PURSUANT TO SUBSECTION (1) OF THIS21
SECTION, THE COURT SHALL ORDER THE RESPONDENT RELEASED FROM THE22
PROVIDER'S CARE AND CUSTODY AND TERMINATE THE RESPONDENT 'S23
ENHANCED PROTECTIVE PLACEMENT . IF THE TRIER OF FACT FINDS THE24
RESPONDENT DOES NOT MEET THE CRITERIA FOR TERMINATION PURSUANT25
TO SUBSECTION (1) OF THIS SECTION , THE COURT SHALL CONTINUE THE26
ENHANCED PROTECTIVE PLACEMENT AND MAY ENTER OR MODIFY ANY27
SB26-149-172-
ORDERS TO ASSIST IN PROGRESSING THE TREATMENT OF THE RESPONDENT1
OR THAT ARE NECESSARY TO PROTECT THE PUBLIC.2
(5) IF THE TRIER OF FACT FINDS THE RESPONDENT DOES NOT MEET3
THE CRITERIA FOR TERMINATION PURSUANT TO SUBSECTION (1) OF THIS4
SECTION, THE RESPONDENT IS NOT ENTITLED TO ANOTHER TERMINATION5
TRIAL WITHIN ONE YEAR AFTER THE CONCLUSION OF THE PREVIOUS TRIAL6
FOR TERMINATION.7
(6) I F THE RESPONDENT DOES NOT MEET THE CRITERIA FOR8
TERMINATION PURSUANT TO SUBSECTION (1) OF THIS SECTION AND NO9
LONGER HAS AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR A10
NEUROCOGNITIVE DISORDER THAT SUBSTANTIALLY CONTRIBUTES TO ANY11
DANGER POSED TO THE RESPONDENT'S SELF OR TO OTHERS, OR ANY GRAVE12
DISABILITY FROM WHICH THE RESPONDENT SUFFERS , THE COURT SHALL13
CONVERT THE ENHANCED PROTECTIVE PLACEMENT TO A CIVIL14
COMMITMENT AND MAY MODIFY THE TERMS OF THE CIVIL COMMITMENT15
IN ACCORDANCE WITH SECTION 27-65-108.1.16
(7) I F THE DEFENDANT DOES NOT MEET THE CRITERIA FOR17
TERMINATION PURSUANT TO SUBSECTION (1) OF THIS SECTION AND HAS A18
CO-OCCURRING MENTAL HEALTH DISORDER THAT DOES NOT INCLUDE AN19
INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR A NEUROCOGNITIVE20
DISORDER THAT SUBSTANTIALLY CONTRIBUTES TO WHETHER THE21
RESPONDENT IS A DANGER TO THE RESPONDENT 'S SELF OR A DANGER TO22
OTHERS, OR IS GRAVELY DISABLED , THE COURT MAY , UPON THE23
RECOMMENDATION OF OCFMH, CONVERT THE ENHANCED PROTECTIVE24
PLACEMENT TO A CIVIL COMMITMENT AND MODIFY THE TERMS OF THE25
CIVIL COMMITMENT IN ACCORDANCE WITH SECTION 27-65-108.1.26
25.5-10-509. Jurisdiction - transfer.27
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(1) (a) T HE COURT IN WHICH A PETITION IS FILED PURSUANT TO1
THIS PART 5, OR A COURT AUTHORIZED TO CONDUCT PROCEEDINGS2
PURSUANT TO THIS PART 5 THAT RECEIVES A COURT ORDER TRANSFERRING3
JURISDICTION OF AN ENHANCED PROTECTIVE PLACEMENT, IS THE COURT OF4
ORIGINAL JURISDICTION AND OF CONTINUING JURISDICTION FOR ANY5
FURTHER PROCEEDINGS PURSUANT TO THIS PART 5.6
(b) WHEN THE CONVENIENCE OF THE PARTIES AND THE ENDS OF7
JUSTICE WOULD BE PROMOTED BY A CHANGE IN THE COURT HAVING8
JURISDICTION, THE COURT MAY ORDER A TRANSFER OF THE PROCEEDING9
TO ANOTHER COUNTY. UNTIL FURTHER ORDER OF THE TRANSFEREE COURT,10
IF ANY , IT IS THE COURT OF CONTINUING JURISDICTION . IF MULTIPLE11
CRIMINAL COURTS REFER A MATTER FOR PROCEEDINGS PURSUANT TO THIS12
PART 5, ANY COURT WITH JURISDICTION MAY TRANSFER THE PROCEEDING13
TO ANOTHER COUNTY AND ALLOW FOR CONSOLIDATION OF PROCEEDINGS14
INTO ONE PROCEEDING , WHICH MAY OCCUR IN ANY COUNTY THAT15
PROMOTES THE CONVENIENCE OF THE PARTIES AND THE ENDS OF JUSTICE.16
(2) (a) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION (2),17
ANY PETITION , ORDER , TRANSFER OF JURISDICTION OF AN ENHANCED18
PROTECTIVE PLACEMENT, OR REQUEST FOR A PROCEEDING MAY BE FILED19
WHERE THE RESPONDENT RESIDES OR IS PHYSICALLY PRESENT FOR20
TREATMENT.21
(b) A PETITION OR REQUEST FOR A PROTECTIVE PLACEMENT22
PURSUANT TO SECTION 25.5-10-502 MAY BE FILED IN THE JURISDICTION23
WHERE THE RESPONDENT RESIDES OR WHERE THE RESPONDENT IS24
CURRENTLY IN AN INPATIENT SETTING RECEIVING TREATMENT.25
(c) A PETITION OR REQUEST FOR A PROTECTIVE PLACEMENT FOR AN26
INCOMPETENT DEFENDANT IN A CRIMINAL MATTER PURSUANT TO SECTION27
SB26-149-174-
25.5-10-502 OR TRANSFER OF JURISDICTION OF AN ENHANCED PROTECTIVE1
PLACEMENT MAY BE FILED IN THE JURISDICTION WHERE THE RESPONDENT2
RESIDES, WAS PHYSICALLY PRESENT IMMEDIATELY PRIOR TO THE FILING OF3
THE PETITION , OR IS RECEIVING INPATIENT TREATMENT OR WHERE THE4
CRIMINAL COURT THAT REFERRED THE MATTER IS LOCATED.5
(3) IN ANY CASE IN WHICH THERE HAS BEEN A CHANGE OF VENUE6
TO A COUNTY OTHER THAN THE COUNTY OF RESIDENCE OF THE7
RESPONDENT OR THE COUNTY IN WHICH THE PROCEEDING WAS8
COMMENCED, THE COUNTY FROM WHICH THE PROCEEDING WAS9
TRANSFERRED SHALL EITHER REIMBURSE THE COUNTY TO WHICH THE10
PROCEEDING WAS TRANSFERRED AND IN WHICH THE PROCEEDING WAS11
HELD FOR THE REASONABLE COSTS INCURRED IN CONDUCTING THE12
PROCEEDING OR CONDUCT THE PROC EEDING ITSELF USING ITS OWN13
PERSONNEL AND RESOURCES, INCLUDING ITS OWN DISTRICT OR COUNTY14
ATTORNEY, AS THE CASE MAY BE.15
(4) IF A PROCEEDING IS INITIATED PURSUANT TO THIS ARTICLE 1016
BUT A PROCEEDING PURSUANT TO ARTICLE 65 OF TITLE 27 IS MORE17
ADVISABLE BECAUSE THE COURT DETERMINES THAT THE RESPONDENT18
DOES NOT HAVE AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR19
A NEUROCOGNITIVE DISORDER OR HAS A MENTAL HEALTH DISORDER IN20
ADDITION TO AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR21
NEUROCOGNITIVE DISORDER, THE COURT MAY MAINTAIN JURISDICTION22
AND ORDER THE CASE TO PROCEED PURSUANT TO ARTICLE 65 OF TITLE 27.23
25.5-10-510. Hearing procedures.24
(1) A HEARING HELD PURSUANT TO THIS PART 5 MUST BE25
CONDUCTED IN THE SAME MANNER AS OTHER CIVIL PROCEEDINGS BEFORE26
THE COURT.27
SB26-149-175-
(2) THE COURT, AFTER CONSULTATION WITH THE RESPONDENT 'S1
COUNSEL TO OBTAIN THE COUNSEL'S RECOMMENDATIONS, MAY APPOINT2
A PROFESSIONAL PERSON TO EXAMINE THE RESP ONDENT FOR WHOM A3
PROTECTIVE PLACEMENT IS SOUGHT AND TESTIFY AT THE HEARING AS TO4
THE RESULTS OF THE PROFESSIONAL PERSON 'S EXAMINATION . THE5
COURT-APPOINTED PROFESSIONAL PERSON SHALL ACT SOLELY IN AN6
ADVISORY CAPACITY , AND NO PRESUMPTION IS ATTACHED TO THE7
PROFESSIONAL PERSON'S FINDINGS.8
(3) UPON REQUEST OF A LEGAL GUARDIAN APPOINTED PURSUANT9
TO ARTICLE 14 OF TITLE 15, THE LEGAL GUARDIAN MAY INTERVENE IN ANY10
PROCEEDING BROUGHT PURSUANT TO THIS PART 5 CONCERNING THE LEGAL11
GUARDIAN'S WARD AND, THROUGH COUNSEL, MAY PRESENT EVIDENCE AND12
REPRESENT TO THE COURT THE VIEWS OF THE LEGAL GUARDIAN13
CONCERNING THE APPROPRIATE DISPOSITION OF THE CASE.14
(4) A LAY PERSON MAY SUBMIT AN AFFIDAVIT TO THE COURT15
CONCERNING THE LAY PERSON'S RELATIONSHIP TO THE RESPONDENT, HOW16
LONG THE LAY PERSON HAS KNOWN THE RESPONDENT, THE LAY PERSON'S17
PHYSICAL ADDRESS , AND THE LAY PERSON 'S VIEWS CONCERNING THE18
APPROPRIATE DISPOSITION OF THE RESPONDENT'S CASE.19
25.5-10-511. County attorney and district attorney20
responsibilities.21
(1) T HE COUNTY ATTORNEY OR THE DISTRICT ATTORNEY IN A22
COUNTY OR CITY AND COUNTY THAT HAS A POPULATION EQUAL TO OR23
LESS THAN FIFTY THOUSAND PEOPLE, OR A QUALIFIED ATTORNEY ACTING24
AS THE COUNTY ATTORNEY'S OR DISTRICT ATTORNEY'S DESIGNEE WHO IS25
APPROVED BY THE DISTRICT COURT , HAS THE FOLLOWING POWERS AND26
RESPONSIBILITIES:27
SB26-149-176-
(a) TO FILE AND APPEAR ON BEHALF OF THE COUNTY OR STATE IN1
ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PART 5 OR TRANSFERRED2
FROM THE CRIMINAL COURT PURSUANT TO SECTION 16-8.5-118;3
(b) T O ASSIST PROFESSIONAL PERSONS , INTERVENING4
PROFESSIONALS, CERTIFIED PEACE OFFICERS , REPRESENTATIVES OF THE5
BHA, REPRESENTATIVES OF OCFMH, AND INDIVIDUALS ENTITLED TO6
MAKE REQUESTS TO DETAIN OR RESTRICT THE RIGHTS OF A RESPONDENT7
THROUGH EVALUATIONS OR PLACEMENTS ORDERED PURSUANT TO THIS8
PART 5 BY MAKING FILINGS TO THE COURT, INCLUDING ELECTRONICALLY9
INITIATING AND FILING MATERIALS WITH THE COURT SYSTEM;10
(c) T O EXERCISE DUE DILIGENCE IN GATHERING INFORMATION11
FROM AVAILABLE SOURCES FOR USE IN PROCEEDINGS BROUGHT PURSUANT12
TO THIS PART 5; AND13
(d) TO SHARE AND PROVIDE INFORMATION ABOUT PROCEEDINGS14
BROUGHT PURSUANT TO THIS PART 5 TO INTERESTED PARTIES AS15
ALLOWABLE BY LAW.16
25.5-10-512. Appeals.17
(1) A PPELLATE REVIEW OF ANY ORDER FOR PROTECTIVE18
PLACEMENT OR ENHANCED PROTECTIVE PLACEMENT MAY BE HAD AS19
PROVIDED IN THE COLORADO APPELLATE RULES . AN APPEAL MUST BE20
ADVANCED UPON THE CALENDAR OF THE APPELLATE COURT AND MUST BE21
DECIDED AT THE EARLIEST PRACTICABLE TIME. PENDING DISPOSITION BY22
THE APPELLATE COURT, THE COURT MAY MAKE SUCH ORDER AS THE COURT23
MAY CONSIDER PROPER IN THE PREMISES RELATING TO THE CARE AND24
CUSTODY OF THE RESPONDENT.25
(2) A RESPONDENT SUBJECT TO AN ORDER FOR PROTECTIVE26
PLACEMENT OR ENHANCED PROTECTIVE PLACEMENT SHALL BE ADVISED OF27
SB26-149-177-
THE RESPONDENT'S RIGHT TO APPEAL THE ORDER BY THE COURT AT THE1
CONCLUSION OF ANY HEARING , AND, AS A RESULT , THE ORDER MAY BE2
ENTERED.3
25.5-10-513. Habeas corpus.4
ANY PERSON DETAINED PURSUANT TO THIS PART 5 IS ENTITLED TO5
AN ORDER IN THE NATURE OF HABEAS CORPUS UPON PROPER PETITION TO6
ANY COURT GENERALLY EMPOWERED TO ISSUE ORDERS IN THE NATURE OF7
HABEAS CORPUS.8
25.5-10-514. Rights of respondents ordered into enhanced9
protective placement or protective placement.10
(1) A RESPONDENT IN A PROCEEDING BROUGHT PURSUANT TO THIS11
PART 5 OR WHO IS UNDER A PROTECTIVE PLACEMENT OR AN ENHANCED12
PROTECTIVE PLACEMENT HAS THE SAME RIGHTS AS A PERSON WITH AN13
INTELLECTUAL AND DEVELOPMENTAL DISABILITY UNDER THIS ARTICLE 10,14
INCLUDING THE RIGHTS PROVIDED IN SECTIONS 25.5-10-218, 25.5-10-220,15
25.5-10-221, 25.5-10-222, 25.5-10-223, 25.5-10-225, 25.5-10-227,16
25.5-10-228, 25.5-10-229, 25.5-10-230, 25.5-10-236, AND 25.5-10-240.17
(2) A RESPONDENT PLACED IN THE CUSTODY OF OCFMH AT A18
STATE HOSPITAL HAS THE SAME RIGHTS AS A PERSON SUBJECT TO19
PROCEEDINGS PURSUANT TO ARTICLE 65 OF TITLE 27, INCLUDING THE20
RIGHTS PROVIDED IN SECTIONS 27-65-105, 27-65-108, 27-65-117,21
27-65-118, 27-65-119, 27-65-122, AND 27-65-124.22
25.5-10-515. Records - rules.23
(1) EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, ALL24
INFORMATION OBTAINED AND RECORDS PREPARED IN THE COURSE OF25
PROVIDING ANY SERVICES TO ANY PERSON PURSUANT TO ANY PROVISION26
OF THIS PART 5 ARE CONFIDENTIAL AND PRIVILEGED. THE INFORMATION27
SB26-149-178-
AND RECORDS MAY BE DISCLOSED ONLY:1
(a) I N COMMUNICATIONS BETWEEN QUALIFIED PROFESSIONALS ,2
FACILITY PERSONNEL, OR STATE AGENCIES IN THE PROVISION OF SERVICES3
OR APPROPRIATE REFERRALS;4
(b) WHEN THE RECIPIENT OF SERVICES DESIGNATES PERSONS TO5
WHOM INFORMATION OR RECORDS MAY BE RELEASED, BUT, IF A RECIPIENT6
OF SERVICES IS A WARD OR CONSERVATEE AND THE WARD 'S OR7
CONSERVATEE'S GUARDIAN OR CONSERVATOR DESIGNATES, IN WRITING,8
PERSONS TO WHOM RECORDS OR INFORMATION MAY BE DISCLOSED , THE9
DESIGNATION IS VALID IN LIEU OF THE DESIGNATION BY THE RECIPIENT ;10
EXCEPT THAT NOTHING IN THIS SECTION COMPELS A PHYSICIAN ,11
PSYCHOLOGIST, SOCIAL WORKER , NURSE , ATTORNEY , OR OTHER12
PROFESSIONAL PERSONNEL TO REVEAL INFORMATION THAT HAS BEEN13
GIVEN TO THE PERSON IN CONFIDENCE BY MEMBERS OF A PATIENT 'S14
FAMILY OR OTHER INFORMANTS;15
(c) TO THE EXTENT NECESSARY TO MAKE CLAIMS ON BEHALF OF A16
RECIPIENT OF AID, INSURANCE, OR MEDICAL ASSISTANCE TO WHICH THE17
RECIPIENT MAY BE ENTITLED;18
(d) IF HCPF HAS ADOPTED RULES FOR THE CONDUCT OF RESEARCH.19
THE RULES MUST INCLUDE, BUT ARE NOT LIMITED TO, THE REQUIREMENT20
THAT ALL RESEARCHERS MUST SIGN AN OATH OF CONFIDENTIALITY. ALL21
IDENTIFYING INFORMATION CONCERNING INDIVIDUAL PATIENTS ,22
INCLUDING NAMES , ADDRESSES , TELEPHONE NUMBERS , AND SOCIAL23
SECURITY NUMBERS, MUST NOT BE DISCLOSED FOR RESEARCH PURPOSES.24
(e) TO THE COURTS, AS NECESSARY FOR THE ADMINISTRATION OF25
THIS PART 5;26
(f) T O PERSONS AUTHORIZED BY AN ORDER OF COURT AFTER27
SB26-149-179-
NOTICE AND OPPORTUNITY FOR HEARING TO THE PERSON TO WHOM THE1
RECORD OR INFORMATION PERTAINS AND THE CUSTODIAN OF THE RECORD2
OR INFORMATION PURSUANT TO THE COLORADO RULES OF CIVIL3
PROCEDURE;4
(g) TO FAMILY MEMBERS UPON ADMISSION OF A PERSON WITH A5
NEUROCOGNITIVE DISORDER OR INTELLECTUAL AND DEVELOPMENTAL6
DISABILITY FOR INPATIENT OR RESIDENTIAL PROTECTIVE PLACEMENT;7
(h) T O FAMILY MEMBERS OR A LAY PERSON ACTIVELY8
PARTICIPATING IN THE CARE AND TREATMENT OF A PERSON WITH A9
NEUROCOGNITIVE DISORDER OR INTELLECTUAL AND DEVELOPMENTAL10
DISABILITY, REGARDLESS OF THE LENGTH OF THE PARTICIPATION . THE11
INFORMATION RELEASED PURSUANT TO THIS SUBSECTION (1)(h) IS LIMITED12
TO ONE OR MORE OF THE FOLLOWING : THE DIAGNOSIS, THE PROGNOSIS ,13
THE NEED FOR HOSPITALIZATION AND ANTICIPATED LENGTH OF STAY, THE14
DISCHARGE PLAN, THE MEDICATION ADMINISTERED AND SIDE EFFECTS OF15
THE MEDICATION, AND THE SHORT -TERM AND LONG -TERM TREATMENT16
GOALS.17
(i) I N ACCORDANCE WITH STATE AND FEDERAL LAW , TO THE18
AGENCY DESIGNATED PURSUANT TO THE FEDERAL "PROTECTION AND19
ADVOCACY FOR INDIVIDUALS WITH MENTAL ILLNESS ACT", 42 U.S.C.20
SEC. 10801 ET SEQ ., AS THE GOVERNOR 'S PROTECTION AND ADVOCACY21
SYSTEM FOR COLORADO.22
(2) S UBSECTION (1)(g) OR (1)(h) OF THIS SECTION DOES NOT23
PRECLUDE THE RELEASE OF INFORMATION TO A PARENT CONCERNING THE24
PARENT'S MINOR CHILD.25
(3) (a) T HIS PART 5 DOES NOT RENDER ANY INFORMATION26
PRIVILEGED OR CONFIDENTIAL, EXCEPT WRITTEN MEDICAL RECORDS AND27
SB26-149-180-
INFORMATION THAT IS PRIVILEGED PURSUANT TO SECTION 13-90-107,1
CONCERNING OBSERVED BEHAVIOR THAT CONSTITUTES A CRIMINAL2
OFFENSE COMMITTED UPON THE PREMISES OF ANY FACILITY PROVIDING3
SERVICES PURSUANT TO THIS PART 5 OR ANY CRIMINAL OFFENSE4
COMMITTED AGAINST ANY PERSON WHILE PERFORMING OR RECEIVING5
SERVICES PURSUANT TO THIS PART 5.6
(b) S UBSECTION (1) OF THIS SECTION DOES NOT APPLY TO7
PHYSICIANS OR PSYCHOLOGISTS ELIGIBLE TO TESTIFY CONCERNING A8
CRIMINAL DEFENDANT 'S MENTAL CONDITION PURSUANT TO SECTION9
16-8-103.6.10
(c) THIS SECTION DOES NOT PROHIBIT THE LIMITED DISCLOSURE OF11
NECESSARY INFORMATION TO THE PROSECUTING ATTORNEY AND CRIMINAL12
DEFENSE COUNSEL IF A CRIMINAL CASE IS STILL PENDING AGAINST THE13
PERSON.14
(4) (a) COURT RECORDS IN PROCEEDINGS BROUGHT PURSUANT TO15
THIS PART 5 MUST BE MAINTAINED SEPARATELY BY THE CLERK OF THE16
SEVERAL COURTS AND THE CASE NUMBER AND PROCEEDINGS MUST NOT BE17
MADE PUBLIC OR RELEASED, EXCEPT AS PROVIDED IN THIS SECTION.18
(b) U PON THE TERMINATION OF A PROTECTIVE PLACEMENT19
PURSUANT TO SECTION 25.5-10-506 OR THE TERMINATION OF AN20
ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-508,21
THE CLERK OF THE COURT SHALL IMMEDIATELY SEAL THE RECORD IN THE22
CASE AND OMIT THE RESPONDENT 'S NAME FROM THE INDEX OF CASES IN23
THE COURT UNTIL AND UNLESS THE RESPONDENT BECOMES SUBJECT TO AN24
ORDER OR LONG-TERM PROTECTIVE PLACEMENT PURSUANT TO SECTION25
25.5-10-504 AND UNLESS THE COURT ORDERS THE RECORDS OPENED FOR26
GOOD CAUSE SHOWN . IN THE EVENT A PETITION IS FILED PURSUANT TO27
SB26-149-181-
SECTION 25.5-10-504 OR 25.5-10-507, THE RECORD MAY BE OPENED AND1
BECOME PART OF THE RECORD IN THE LONG -TERM PROTECTIVE2
PLACEMENT CASE AND THE NAME OF THE RESPONDENT INDEXED.3
(c) N OTWITHSTANDING SUBSECTION (4)(b) OF THIS SECTION ,4
WHILE A MATTER IS PENDING OR AFTER A CASE IS SEALED, THE COURT MAY5
DISCLOSE THE EXISTENCE OF THE PROCEEDING , THE CASE NUMBER, AND6
COURT RECORDS TO THE RESPONDENT OR ANY ATTORNEY REPRESENTING7
THE RESPONDENT IN ANY PROCEEDING OR MATTER WITH A RELEASE8
SIGNED BY THE RESPONDENT OR PURSUANT TO A COURT ORDER. WHEN A9
COURT ORDER SPECIFICALLY AUTHORIZING DISCLOSURE OR A VALID10
RELEASE FOR A RECORD IS PRESENTED TO THE CLERK OF THE COURT, THE11
CLERK OF THE COURT SHALL ACKNOWLEDGE THE EXISTENCE OF THE CASE12
AND PROVIDE THE CASE NUMBER AND RECORDS TO THE RESPONDENT OR13
AUTHORIZED REQUESTOR POSSESSING A COURT ORDER OR A RELEASE.14
(5) IF A CERTIFIED PEACE OFFICER INITIATES OR PARTICIPATES IN15
THE INITIATION OF AN EMERGENCY MENTAL HEALTH HOLD , THE COURT,16
COUNTY ATTORNEY , OR DISTRICT ATTORNEY CONDUCTING ANY17
SUBSEQUENT PROCEEDINGS PURSUANT TO THIS PART 5 AND THE PROVIDER18
WHO CONDUCTS AN EVALUATION OR PROVIDES CARE MAY , WITHOUT19
COURT AUTHORIZATION, PROVIDE THE CERTIFIED PEACE OFFICER'S AGENCY20
WITH THE FOLLOWING LIMITED INFORMATION:21
(a) W HETHER OR NOT A PROFESSIONAL PERSON FOUND THE22
RESPONDENT MET THE CRITERIA FOR SHORT -TERM PROTECTIVE23
PLACEMENT PURSUANT TO SECTION 25.5-10-503;24
(b) WHETHER THE RESPONDENT WAS RELEASED OR REMAINS IN25
INPATIENT CARE AND WHETHER FURTHER CARE IS BEING PROVIDED TO THE26
RESPONDENT; AND27
SB26-149-182-
(c) WHETHER OR NOT FURTHER PROCEEDINGS WERE INITIATED FOR1
SHORT-TERM PROTECTIVE PLACEMENT.2
(6) SEALING RECORDS BY THE COURT DOES NOT PREVENT A PARTY3
TO RELATED CRIMINAL CASES , A PARTY TO A PROCEEDING BROUGHT4
PURSUANT TO THIS PART 5, HCPF, A PROFESSIONAL PERSON , OR AN5
INTERVENING PROFESSIONAL WITH LAWFUL POSSESSION OF RECORDS FROM6
MAINTAINING AND USING THE RECORDS, UNLESS PROHIBITED BY LAW.7
(7) A PARTY TO RELATED CRIMINAL CASES , A PARTY TO A8
PROCEEDING BROUGHT PURSUANT TO THIS PART 5, HCPF, A PROFESSIONAL9
PERSON, OR AN INTERVENING PROFESSIONAL MAY SEEK TO UNSEAL CASE10
RECORDS FOR GOOD CAUSE , WHICH INCLUDES THE NEED TO USE THE11
RECORDS IN OTHER CRIMINAL PROCEEDINGS INVOLVING COMPETENCY12
PURSUANT TO ARTICLE 8.5 OF TITLE 16 OR PROCEEDINGS BROUGHT13
PURSUANT TO THIS PART 5.14
25.5-10-516. Payment for counsel.15
IN ORDER TO PROVIDE LEGAL REPRESENTATION TO PERSONS16
ELIGIBLE FOR AN ATTORNEY PURSUANT TO THIS ARTICLE 10, THE JUDICIAL17
DEPARTMENT SHALL PAY, OUT OF MONEY APPROPRIATED BY THE GENERAL18
ASSEMBLY, MONEY DIRECTLY TO THE APPOINTED ATTORNEY ON A19
CASE-BY-CASE BASIS OR, ON BEHALF OF THE STATE, SHALL PAY LUMP-SUM20
GRANTS TO AND CONTRACT WITH INDIVIDUAL ATTORNEYS , LEGAL21
PARTNERSHIPS, LEGAL PROFESSIONAL CORPORATIONS, PUBLIC INTEREST22
LAW FIRMS, OR NONPROFIT LEGAL SERVICES CORPORATIONS.23
SECTION 22. In Colorado Revised Statutes, 13-94-105, add24
(1.6) as follows:25
13-94-105. Office of public guardianship - director - duties -26
memorandum of understanding - annual report - repeal.27
SB26-149-183-
(1.6) T HE OFFICE MAY ESTABLISH , MAINTAIN , AND ADJUST1
STAFFING LEVELS , INCLUDING GUARDIANS , CASE AIDES , AND2
ADMINISTRATIVE SUPPORT, AS NECESSARY TO:3
(a) SCREEN AND ACCEPT REFERRALS ARISING FROM COMPETENCY4
PROCEEDINGS UNDER ARTICLE 8.5 OF TITLE 16;5
(b) P ROVIDE TEMPORARY EMERGENCY PUBLIC GUARDIANSHIP6
SERVICES PURSUANT TO SECTION 15-14-312 (6), ARTICLE 8.5 OF TITLE 16,7
ARTICLE 10 OF TITLE 25.5, AND ARTICLE 65 OF TITLE 27 FOR INDIGENT8
INDIVIDUALS FOUND INCOMPETENT TO PROCEED;9
(c) I DENTIFY AND SUPPORT TIMELY TRANSITIONS TO CIVIL10
PLACEMENT, TREATMENT , AND SERVICES IN ORDER TO PREVENT11
UNNECESSARY INCARCERATION OR HOSPITALIZATION; AND12
(d) S UPPORT LONG -TERM GUARDIANSHIP SERVICES WHEN13
NECESSARY.14
SECTION 23. In Colorado Revised Statutes, 15-14-312, add (6)15
as follows:16
15-14-312. Emergency guardian.17
(6) I N ADDITION TO A COURT WITH JURISDICTION TO HEAR18
PROCEEDINGS PURSUANT TO THIS TITLE 15, A CRIMINAL COURT MAY19
APPOINT AN EMERGENCY GUARDIAN AS AUTHORIZED PURSUANT TO20
SECTION 16-8.5-117 OR 16-8.5-118, OR A CIVIL COURT SUPERVISING A21
CIVIL COMMITMENT PURSUANT TO SECTION 27-65-108.1 OR AN ENHANCED22
PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-507 MAY23
APPOINT AN EMERGENCY GUARDIAN.24
SECTION 24. In Colorado Revised Statutes, 24-4.1-302, add25
(2)(q.1), (2)(q.2), and (2)(q.3) as follows:26
24-4.1-302. Definitions.27
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As used in this part 3, and for no other purpose, including the1
expansion of the rights of any defendant:2
(2) "Critical stages" means the following stages of the criminal3
justice process:4
(q.1) A TRIAL FOR CIVIL COMMITMENT OR ENHANCED PROTECTIVE5
PLACEMENT PURSUANT TO SECTION 16-8.5-118;6
(q.2) A HEARING TO TERMINATE A CIVIL COMMITMENT PURSUANT7
TO SECTION 27-65-108.2 OR AN ENHANCED PROTECTIVE PLACEMENT8
PURSUANT TO SECTION 25.5-10-508;9
(q.3) THE TRANSFER, RELEASE, OR ESCAPE OF A PERSON UNDER A10
CIVIL COMMITMENT PURSUANT TO SECTION 27-65-108.1 OR AN ENHANCED11
PROTECTIVE PLACEMENT UNDER COURT SUPERVISION PURSUANT TO12
SECTION 25.5-10-507 WHEN THE CRIMINAL CASE INITIATING THE CIVIL13
COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT INVOLVED A14
VICTIM.15
SECTION 25. In Colorado Revised Statutes, 24-4.1-302.5,16
amend (1)(b); and add (1)(j.6) as follows:17
24-4.1-302.5. Rights afforded to victims - definitions.18
(1) In order to preserve and protect a victim's rights to justice and19
due process, each victim of a crime has the following rights:20
(b) The right to be informed of and be present by appearing in21
person, by phone, virtually by audio or video, or similar technology for22
all critical stages of the criminal justice process as specified in section23
24-4.1-302 (2); except that the victim shall have the right to be informed24
of, without being present for, the critical stages described in section25
24-4.1-302 (2)(a), (2)(a.5), (2)(a.7), (2)(e.5), (2)(k.3), (2)(n), (2)(p),26
(2)(q), (2)(q.3), (2)(r), and (2)(u);27
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(j.6) THE RIGHT TO BE INFORMED OF ANY REQUEST FOR CHANGES1
TO MATERIAL TERMS OF A CIVIL COMMITMENT PURSUANT TO SECTION2
27-65-108.1 OR ENHANCED PROTECTIVE PLACEMENT PURSUANT TO3
SECTION 25.5-10-507 ON BEHALF OF A PERSON IN A CIVIL COMMITMENT OR4
PROTECTIVE PLACEMENT IN A CRIMINAL CASE INVOLVING THE VICTIM, AND5
THE RIGHT TO BE PRESENT BY APPEARING IN PERSON , BY PHONE , OR6
VIRTUALLY BY VIDEO OR AUDIO, OR SIMILAR TECHNOLOGY, AND HEARD AT7
ANY HEARING DURING WHICH A COURT CONSIDERS THE REQUEST. AS USED8
IN THIS SUBSECTION (1)(j.6), " REQUEST FOR CHANGES TO MATERIAL9
TERMS" INCLUDES ANY REQUEST TO BE RELEASED FROM AN INPATIENT10
SETTING TO AN OUTPATIENT SETTING OR TO BE MOVED INTO A11
LESS-SECURE SETTING.12
SECTION 26. In Colorado Revised Statutes, 24-4.1-303, add13
(11)(b.8), (14.6), and (14.8) as follows:14
24-4.1-303. Procedures for ensuring rights of victims of15
crimes.16
(11) The district attorney shall inform a victim of the following:17
(b.8) A NY CRITICAL STAGE DESCRIBED IN SECTION 24-4.1-30218
(2)(q.1);19
(14.6) A NY FACILITY OR PROVIDER THAT HAS THE CARE AND20
PHYSICAL CUSTODY OF A RESPONDENT IN AN INPATIENT SETTING21
PURSUANT TO A CIVIL COMMITMENT OR AN ENHANCED PROTECTIVE22
PLACEMENT PURSUANT TO SECTION 16-8.5-118 OR SUPERVISION OF A CIVIL23
COMMITMENT PURSUANT TO SECTION 27-65-108.1 OR ENHANCED24
PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-507 THAT25
RESULTED FROM A CRIMINAL CASE INVOLVING A VICTIM SHALL NOTIFY THE26
APPLICABLE COUNTY ATTORNEY OF THE FOLLOWING:27
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(a) THE INSTITUTION IN WHICH THE PERSON RESIDES;1
(b) A NY RELEASE OF THE PERSON ON FURLOUGH OR OTHER2
PROGRAM, IN ADVANCE OF THE RELEASE;3
(c) A NY OTHER TRANSFER OR RELEASE FROM AN INPATIENT4
SETTING;5
(d) A NY ESCAPE BY THE PERSON AND ANY SUBSEQUENT6
RECAPTURE OF THE PERSON; AND7
(e) T HE DEATH OF THE PERSON WHILE IN CUSTODY OR WHILE8
UNDER THE JURISDICTION OF THE STATE.9
(14.8) THE COUNTY ATTORNEY SHALL INFORM A VICTIM OF THE10
FOLLOWING:11
(a) A NY CRITICAL STAGE DESCRIBED IN SECTION 24-4.1-30212
(2)(q.1), (2)(q.2), AND (2)(q.3);13
(b) ANY REQUEST FOR CHANGES TO MATERIAL TERMS OF A CIVIL14
COMMITMENT DESCRIBED IN SECTION 24-4.1-302.5 (2)(j.6); AND 15
(c) ANY INFORMATION RECEIVED PURSUANT TO SUBSECTION (14.6)16
OF THIS SECTION FROM A FACILITY OR A PROVIDER WHO HAS THE CARE AND17
PHYSICAL CUSTODY OF A RESPONDENT IN AN INPATIENT SETTING18
PURSUANT TO A CIVIL COMMITMENT PURSUANT TO SECTION 27-65-108.119
OR AN ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION20
25.5-10-507.21
SECTION 27. In Colorado Revised Statutes, 13-5-142, amend22
(1)(c) and (3)(b)(III) as follows:23
13-5-142. National instant criminal background check system24
- reporting.25
(1) On and after March 20, 2013, the state court administrator26
shall send electronically the following information to the Colorado bureau27
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of investigation created pursuant to section 24-33.5-401, referred to in1
this section as the "bureau":2
(c) The name of each person with respect to whom the court has3
entered an order for involuntary certification for short-term treatment of4
a mental health disorder pursuant to section 27-65-108.5 or 27-65-109,5
for extended certification for treatment of a mental health disorder6
pursuant to section 27-65-109 (10) SECTION 27-65-109 (17), or for7
long-term care and treatment of a mental health disorder pursuant to8
section 27-65-110.9
(3) The state court administrator shall take all necessary steps to10
cancel a record made by the state court administrator in the national11
instant criminal background check system if:12
(b) No less than three years before the date of the written request:13
(III) The record in the case was sealed pursuant to section14
27-65-109 (7) SECTION 27-65-123 (7) OR 25.5-10-515 (4), or the court15
entered an order discharging the person from certification in the nature of16
habeas corpus pursuant to section 27-65-115, if the record in the national17
instant criminal background check system is based on a court order for18
involuntary certification for short-term treatment of a mental health19
disorder.20
SECTION 28. In Colorado Revised Statutes, 13-5-142.5, amend21
(2)(a)(III) as follows:22
13-5-142.5. National instant criminal background check23
system - judicial process for awarding relief from federal24
prohibitions - legislative declaration.25
(2) Eligibility. A person may petition for relief pursuant to this26
section if:27
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(a) (III) The court has entered an order for the person's involuntary1
certification for short-term treatment of a mental health disorder pursuant2
to section 27-65-108.5 or 27-65-109, for extended certification for3
treatment of a mental health disorder pursuant to section 27-65-109 (10)4
SECTION 27-65-109 (17), or for long-term care and treatment of a mental5
health disorder pursuant to section 27-65-110; and6
SECTION 29. In Colorado Revised Statutes, amend 13-5-142.87
as follows:8
13-5-142.8. Notice by professional persons.9
Under sections 13-9-123 (1), 13-9-124 (2), 13-5-142 (1), and10
13-5-142.5 (2), an order for involuntary certification for short-term11
treatment of a mental health disorder pursuant to section 27-65-108.5 or12
27-65-109 must also include a notice filed by a professional person13
pursuant to section 27-65-108.5 or 27-65-109, and an order for extended14
certification for treatment of a mental health disorder pursuant to section15
27-65-109 (10) SECTION 27-65-109 (17) must also include a notice filed16
by a professional person pursuant to section 27-65-109 (10) SECTION17
27-65-109 (17).18
SECTION 30. In Colorado Revised Statutes, 13-9-123, amend19
(1)(c) and (3)(b)(III) as follows:20
13-9-123. National instant criminal background check system21
- reporting.22
(1) On and after March 20, 2013, the state court administrator23
shall send electronically the following information to the Colorado bureau24
of investigation created pursuant to section 24-33.5-401, referred to in25
this section as the "bureau":26
(c) The name of each person with respect to whom the court has27
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entered an order for involuntary certification for short-term treatment of1
a mental health disorder pursuant to section 27-65-108.5 or 27-65-109,2
for extended certification for treatment of a mental health disorder3
pursuant to section 27-65-109 (10) SECTION 27-65-109 (17), or for4
long-term care and treatment of a mental health disorder pursuant to5
section 27-65-110.6
(3) The state court administrator shall take all necessary steps to7
cancel a record made by the state court administrator in the national8
instant criminal background check system if:9
(b) No less than three years before the date of the written request:10
(III) The record in the case was sealed pursuant to section11
27-65-109 (7) SECTION 27-65-123 (7), or the court entered an order12
discharging the person from certification in the nature of habeas corpus13
pursuant to section 27-65-115, if the record in the national instant14
criminal background check system is based on a court order for15
involuntary certification for short-term treatment of a mental health16
disorder.17
SECTION 31. In Colorado Revised Statutes, 13-9-124, amend18
(2)(a)(III) as follows:19
13-9-124. National instant criminal background check system20
- judicial process for awarding relief from federal prohibitions -21
legislative declaration.22
(2) Eligibility. A person may petition for relief pursuant to this23
section if:24
(a) (III) The court has entered an order for the person's involuntary25
certification for short-term treatment of a mental health disorder pursuant26
to section 27-65-108.5 or 27-65-109, for extended certification for27
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treatment of a mental health disorder pursuant to section 27-65-109 (10)1
SECTION 27-65-109 (17), or for long-term care and treatment of a mental2
health disorder pursuant to section 27-65-110; and3
SECTION 32. In Colorado Revised Statutes, 15-18.7-202,4
amend (7) as follows:5
15-18.7-202. Behavioral health orders for scope of treatment6
- form contents - effect.7
(7) Nothing in this part 2 means that an adult who has executed a8
behavioral health orders form has consented to a petition for involuntary9
administration of medication authority pursuant to section 27-65-113 (5)10
SECTION 27-65-113 (3).11
SECTION 33. In Colorado Revised Statutes, 16-5-401, amend12
(2.5)(b) as follows:13
16-5-401. Limitation for commencing criminal proceedings,14
civil infraction proceedings, and juvenile delinquency proceedings -15
definitions.16
(2.5) (b) The time limitations imposed by this section are tolled17
beginning when a defendant's case is dismissed without prejudice for the18
purpose of facilitating certification for short-term treatment pursuant to19
section 16-8.5-111 (3) SECTION 16-8.5-109 until either the defendant's20
criminal case is refiled or six months has passed since the case was21
dismissed, whichever is earlier.22
SECTION 34. In Colorado Revised Statutes, 16-8.6-103, amend23
(2)(b) as follows:24
16-8.6-103. Bridges wraparound care program - established.25
(2) The purpose of the bridges wraparound care program is to:26
(b) Serve eligible individuals whose cases have been dismissed27
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pursuant to section 16-8.5-111 (1.6) SECTION 16-8.5-109 (4) but who are1
voluntarily willing to participate in the bridges wraparound care program;2
SECTION 35. In Colorado Revised Statutes, 16-10-404, amend3
(1)(b) as follows:4
16-10-404. Use of a court facility dog - definitions.5
(1) As used in this section, unless the context otherwise requires:6
(b) "Criminal proceeding" or "criminal proceedings" has the same7
meaning as set forth in section 16-8.5-101. (8).8
SECTION 36. In Colorado Revised Statutes, 17-22.5-403.5,9
amend (4)(f) as follows:10
17-22.5-403.5. Special needs parole.11
(4) (f) If, prior to or during any parole revocation hearing,12
including hearings for offenders granted parole pursuant to subsection (5)13
of this section, the department or a member of the parole board has a14
substantial and good faith reason to believe that the offender is15
incompetent to proceed, as defined in section 16-8.5-101, (12), the parole16
board shall suspend all proceedings and notify the public defender liaison17
described in section 21-1-104 (6). THE COURT SHALL APPOINT the office18
of state public defender shall be appointed by the court to represent the19
inmate, and THE OFFICE OF STATE PUBLIC DEFENDER shall file a written20
motion with the trial court that imposed the sentence to determine21
competency. The motion must contain a certificate of counsel stating that22
the motion is based on a good faith belief that the inmate is incompetent23
to proceed. The motion must set forth the specific facts that have formed24
the basis for the motion. The court shall seal the motion. The court shall25
follow all the relevant procedures in article 8.5 of title 16 regarding the26
determination of competency. The presence of the inmate is not required27
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unless there is good cause shown.1
SECTION 37. In Colorado Revised Statutes, 17-26-118, amend2
(3)(i) as follows:3
17-26-118. Criminal justice data collection - definitions.4
(3) The keeper of each jail facility shall keep and maintain a daily5
record of the following data:6
(i) The number of confined inmates awaiting a competency7
evaluation, as defined in section 16-8.5-101 (2); a competency hearing,8
as defined in section 16-8.5-101 (4); or a restoration hearing, as THOSE9
TERMS ARE defined in section 16-8.5-101; (17);10
SECTION 38. In Colorado Revised Statutes, 22-31-129, amend11
(1) introductory portion and (1)(g) as follows:12
22-31-129. Vacancies.13
(1) A school director office shall be IS deemed to be vacant upon14
the occurrence of any one of the following events prior to the expiration15
of the term of office:16
(g) If a court of competent jurisdiction determines that the person17
duly elected or appointed is insane or otherwise mentally incompetent,18
but only after the right to appeal has been waived or otherwise exhausted,19
and a court enters, pursuant to part 3 or part 4 of article 14 of title 15 or20
section 27-65-109 (4) or 27-65-127, C.R.S. SECTION 27-65-123 (7) OR21
25.5-10-515 (4), an order specifically finding that the insanity or mental22
incompetency is of such a degree that the person is incapable of serving23
as a school director;24
SECTION 39. In Colorado Revised Statutes, 22-60.5-107,25
amend (2)(a) as follows:26
22-60.5-107. Grounds for denying, annulling, suspending, or27
SB26-149-193-
revoking license, certificate, endorsement, or authorization -1
definitions.2
(2) Any license, certificate, endorsement, or authorization may be3
denied, annulled, suspended, or revoked in the manner prescribed in4
section 22-60.5-108, notwithstanding the provisions of subsection (1) of5
this section:6
(a) When the holder has been determined to be mentally7
incompetent by a court of competent jurisdiction and a court has entered,8
pursuant to part 3 or part 4 of article 14 of title 15 or section 27-65-1099
(4) or 27-65-127, C.R.S. SECTION 27-65-123 (7) OR 25.5-10-515 (4), an10
order specifically finding that the mental incompetency is of such a11
degree that the holder is incapable of continuing to perform his or her12
THEIR job; except that the license, certificate, endorsement, or13
authorization held by a person who has been determined to be mentally14
incompetent and for whom such an order has been entered shall MUST be15
revoked or suspended by operation of law without a hearing,16
notwithstanding the provisions of section 22-60.5-108;17
SECTION 40. In Colorado Revised Statutes, 24-72-705, amend18
(1)(g) as follows:19
24-72-705. Sealing criminal justice records other than20
convictions - simplified process - applicability.21
(1) (g) Charges that are dismissed pursuant to section 16-8.5-11622
SECTION 16-8.5-109 (4), 16-8.5-113, OR 16-8.5-116 are not eligible for23
sealing.24
SECTION 41. In Colorado Revised Statutes, 26-1-107, amend25
(6)(h) as follows:26
26-1-107. State board of human services - reimbursement for27
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expenses - rules.1
(6) The state board shall:2
(h) Adopt rules concerning standards for the level of training,3
education, and experience that a psychiatrist or psychologist shall have to4
MUST be qualified IN ORDER to perform competency evaluations in5
criminal cases pursuant to secti on 16-8-106 and artic le 8.5 of title 16,6
C.R.S., and standards for conducting and reporting competency7
evaluations in criminal cases. Prior to adopting the rules, the state board8
shall consider recommendations from the competency evaluation advisory9
board created in section 16-8.5-119, C.R.S.10
SECTION 42. In Colorado Revised Statutes, 27-60-105, amend11
(2) and (6) as follows: 12
27-60-105. Outpatient restoration to competency services -13
jail-based behavioral health services - responsible entity - duties -14
report - legislative declaration.15
(2) The state department serves as a central organizing structure16
and responsible entity for the provision of competency restoration17
education services and coordination of competency restoration services18
ordered by the court pursuant to section 16-8.5-111 (2) SECTION19
16-8.5-110 (1) or 19-2.5-704 (2), and the behavioral health administration20
serves as the central organizing structure and responsible entity for21
jail-based behavioral health services pursuant to section 27-60-106.22
(6) In addition to subsection (4) of this section and subject to23
available appropriations, the state department shall require any county jail24
to assist in the provision of interim mental health services for individuals25
who have been court-ordered for inpatient competency restoration and26
who are waiting admission for an inpatient bed. This section does not toll27
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or otherwise modify the time frames for the state department to offer1
inpatient admission pursuant to the provisions of section 16-8.5-1112
SECTION 16-8.5-110.3
SECTION 43. In Colorado Revised Statutes, 27-71-103, amend4
(2)(c)(II) as follows:5
27-71-103. Mental health residen tial facilitie s - additional6
beds.7
(2) (c) The state department, in collaboration with the behavioral8
health administration and the department of health care policy and9
financing, shall establish criteria for admissions and discharge planning,10
quality assurance monitoring, appropriate length of stay, and compliance11
with applicable federal law. For the mental health residential facilities12
created pursuant to this section, admission criteria for facilities must13
include:14
(II) For treatment beds that do not serve individuals covered under15
a home- and community-based waiver, offering priority placement to16
individuals under a certification for short-term or extended short-term17
treatment pursuant to section 27-65-107 or 27-65-108 SECTION18
27-65-108.5 OR 27-65-109, and long-term care and treatment pursuant to19
section 27-65-109 SECTION 27-65-110 on an outpatient basis.20
SECTION 44. In Colorado Revised Statutes, 27-94-107, amend21
(2) as follows:22
27-94-107. Renovation for additional beds.23
(2) Initially, the beds may be used for persons needing24
competency services. When the wait list for INPATIENT competency25
RESTORATION services provided pursuant to section 16-8.5-111 FOR26
DEFENDANTS NOT ADMITTED WITHIN THE TIME LIMITS SET FORTH IN27
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SECTION 16-8.5-110 (3)(a)(II) OR (3)(a)(III) is eliminated or trending so1
that it can be reasonably expected to be eliminated within one year, the2
department of human services shall implement a plan to transition the3
beds created in subsection (1) of this section to serve civil patients and4
immediately notify the joint budget committee of the general assembly.5
Within one year after the notification to the joint budget committee, all6
beds created pursuant to subsection (1) of this section must serve civil7
patients.8
SECTION 45. Repeal of nonrelocated provisions in this act.9
In Colorado Revised Statutes, repeal the following provisions that are not10
relocated: 16-8.5-106 (2); 16-8.5-111 (3), (4), (5), and (6)(b); 16-8.5-11311
(3) and (5); and 16-8.5-116.5 (1), (7), (8), (9), (10), and (12).12
SECTION 46. Safety clause. The general assembly finds,13
determines, and declares that this act is necessary for the immediate14
preservation of the public peace, health, or safety or for appropriations for15
the support and maintenance of the departments of the state and state16
institutions.17
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