HB 22-1386 CO

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Became Law

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.)

• Judy Amabile Democratic · primary
• Matt Soper Republican · primary
• Chris Hansen · primary
• Bob Gardner · primary

1. Jun 2, 2022 Governor Signed · executive
2. May 31, 2022 Sent to the Governor · executive
3. May 31, 2022 Signed by the President of the Senate · upper
4. May 26, 2022 Signed by the Speaker of the House · lower
5. May 6, 2022 Senate Third Reading Passed - No Amendments · upper
6. May 5, 2022 Senate Second Reading Special Order - Passed - No Amendments · upper
7. May 5, 2022 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole · upper
8. May 3, 2022 Senate Committee on Judiciary Refer Unamended to Appropriations · upper
9. Apr 29, 2022 Introduced In Senate - Assigned to Judiciary · upper
10. Apr 29, 2022 House Third Reading Passed - No Amendments · lower
11. Apr 28, 2022 House Second Reading Special Order - Passed with Amendments - Committee · lower
12. Apr 28, 2022 House Committee on Appropriations Refer Amended to House Committee of the Whole · lower
13. Apr 26, 2022 House Committee on Judiciary Refer Amended to Appropriations · lower
14. Apr 18, 2022 Introduced In House - Assigned to Judiciary · lower

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• 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