HB 23-1138 CO

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Became Law

The act removes the requirement that if a defendant is in jail or an inpatient setting, a finding that the defendant is an imminent danger to the defendant's self or others is required for the competency evaluation and report. If the competency evaluation determines that the defendant meets the criteria for civil certification and inpatient services, the behavioral health administration (BHA) shall, directly or through a contract, provide care coordination services for the defendant. If the court orders, as a condition of bond, that restoration to competency take place on an outpatient basis, the department of human services is responsible for the oversight of restoration education and coordination of services. Under specific conditions, the act allows that upon petition of the district attorney, a professional person, a representative of the BHA, a representative of the office of civil and forensic mental health, or other responsible person, a court may certify a respondent for short-term treatment in the custody of the BHA for not more than 3 months without requiring an emergency 72-hour hold. A court shall not accept a petition for certification for short-term treatment unless the respondent has a documented refusal to certified treatment. Upon filing of the petition, the court shall immediately appoint an attorney to represent the respondent. The respondent's attorney may request a jury trial within 14 days after receipt of the petition. The respondent has the right to an attorney for all proceedings conducted related to the respondent's competency and certification for treatment and services. The respondent may, at any time, file a written request to contest the petition, in which case the court shall set the hearing no later than 14 days after the petition was filed. If, after hearing all of the relevant evidence, the court finds grounds for certification have been established by clear and convincing evidence and that the BHA is able to provide adequate and appropriate treatment for the respondent that will likely be beneficial to the respondent's recovery, the court shall commit the respondent to the BHA's custody. APPROVED by Governor June 7, 2023 EFFECTIVE July 1, 2024. NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)

• Judy Amabile Democratic · primary
• Matt Soper Republican · primary
• Robert Rodriguez Democratic · primary

1. Jun 7, 2023 Governor Signed · executive
2. May 17, 2023 Sent to the Governor · executive
3. May 17, 2023 Signed by the President of the Senate · upper
4. May 17, 2023 Signed by the Speaker of the House · lower
5. May 4, 2023 House Considered Senate Amendments - Result was to Concur - Repass · lower
6. May 3, 2023 Senate Third Reading Passed - No Amendments · upper
7. May 2, 2023 Senate Second Reading Special Order - Passed with Amendments - Floor · upper
8. May 2, 2023 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole · upper
9. May 1, 2023 Senate Committee on Judiciary Refer Unamended to Appropriations · upper
10. Apr 24, 2023 Introduced In Senate - Assigned to Judiciary · upper
11. Apr 21, 2023 House Third Reading Passed - No Amendments · lower
12. Apr 19, 2023 House Third Reading Laid Over Daily - No Amendments · lower
13. Apr 18, 2023 House Second Reading Special Order - Passed with Amendments - Committee, Floor · lower
14. Apr 18, 2023 House Committee on Appropriations Refer Unamended to House Committee of the Whole · lower
15. Feb 14, 2023 House Committee on Judiciary Refer Amended to Appropriations · lower
16. Jan 31, 2023 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 (06/07/2023) · PDF
• Final Act (05/17/2023) · PDF
• Rerevised (05/03/2023) · PDF
• Revised (05/02/2023) · PDF
• Reengrossed (04/21/2023) · PDF
• Engrossed (04/18/2023) · PDF
• Introduced (01/31/2023) · PDF
• PA1 (02/15/2023) · PDF
• Committee Amendment · PDF