HB 22-1386

  • Colorado House Bill
  • 2022 Regular Session
  • Introduced in House Apr 29, 2022
  • Passed House Apr 29, 2022
  • Passed Senate May 06, 2022
  • Signed by Governor Jun 02, 2022

Competency To Proceed And Restoration To Competency

Abstract

Under current law, in a dispute over a defendant's competency, a party may request a second evaluation of the defendant. The act requires that if a second evaluation is completed and restoration is ordered, the court shall make the second evaluation available to the department of human services (department). If the court finds that the competency report provided by the department does not meet statutory requirements, the act permits a defendant to be placed in the department's custody for an inpatient competency evaluation. Under current law, when a defendant is in custody on a misdemeanor, petty offense, or traffic offense and the defendant is found incompetent to proceed, there is a presumption that the court will enter a personal recognizance bond. The act also creates a presumption that the court will order outpatient restoration services. If the court denies a personal recognizance bond, the court shall notify the department of the specific facts and findings it relied upon in the order for restoration treatment. The department is allowed to offer assistance to an out-of-state provider providing restoration services to a defendant living outside Colorado. The requirement to opine on whether there is a substantial probability that the defendant will be restored to competency and remain competent with the use of medication or not remain competent without the use of forced medication is eliminated. After the court has conducted at least 4 competency reviews, the act requires the court to conduct a competency review every 91 days. The court is required to dismiss the defendant's case if there is not a substantial probability that the defendant will be restored to competency in the reasonably foreseeable future. The act appropriates: $28,562,828 from the economic recovery and relief fund cash fund to the department for use by the office of behavioral health for inpatient bed capacity; and $800,000 from the behavioral and mental health cash fund to the department to contract for a feasibility study of renovating a facility in Adams county to provide inpatient beds for competency services.(Note: This summary applies to this bill as enacted.)

Bill Sponsors (4)

Votes


May 06, 2022

Apr 29, 2022

Actions


Jun 02, 2022

Office of the Governor

Governor Signed

May 31, 2022

Office of the Governor

Sent to the Governor

Senate

Signed by the President of the Senate

May 26, 2022

House

Signed by the Speaker of the House

May 06, 2022

Senate

Senate Third Reading Passed - No Amendments

May 05, 2022

Senate

Senate Second Reading Special Order - Passed - No Amendments

Senate

Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole

  • Committee-Passage
Appropriations

May 03, 2022

Senate

Senate Committee on Judiciary Refer Unamended to Appropriations

  • Referral-Committee
Appropriations Judiciary

Apr 29, 2022

Senate

Introduced In Senate - Assigned to Judiciary

  • Introduction
Judiciary

House

House Third Reading Passed - No Amendments

Apr 28, 2022

House

House Second Reading Special Order - Passed with Amendments - Committee

House

House Committee on Appropriations Refer Amended to House Committee of the Whole

  • Committee-Passage
  • Referral-Committee
House Committee of the Whole Appropriations

Apr 26, 2022

House

House Committee on Judiciary Refer Amended to Appropriations

  • Referral-Committee
Appropriations Judiciary

Apr 18, 2022

House

Introduced In House - Assigned to Judiciary

  • Introduction
Judiciary

Bill Text

Bill Text Versions Format
Signed Act (06/02/2022) PDF
Final Act (05/31/2022) PDF
Rerevised (05/06/2022) PDF
Revised (05/05/2022) PDF
Reengrossed (04/29/2022) PDF
Engrossed (04/28/2022) PDF
Introduced (04/18/2022) PDF
PA1 (04/28/2022) PDF
PA2 (04/28/2022) PDF
Committee Amendment PDF

Related Documents

Document Format
Fiscal Note SA1 (04/27/2022) PDF
Fiscal Note FN1 (04/22/2022) PDF
Fiscal Note FN2 (05/02/2022) PDF
Fiscal Note FN3 (09/12/2022) PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the Colorado General Assembly.

If you notice any inconsistencies with these official sources, feel free to file an issue.