HB 23-1012 CO

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Became Law

The act addresses issues related to a determination of juvenile competency to proceed (competency) and restoration of competency (restoration). The act allows: The district attorney, defense attorney, guardian ad litem, department of human services, a competency evaluator, a restoration treatment provider, and the court, without written consent of the juvenile or further order of the court, to access competency evaluations and restoration evaluations, including all second evaluations; information and documents related to competency evaluations; the competency evaluator, for the purpose of discussing the competency evaluation; and the providers of court-ordered restoration services for the purpose of discussing such services; Parties to exchange names, addresses, reports, and statements of physicians or psychologists who examined or treated the juvenile for competency; The court or any party to raise, at any time, the issue of a need for a restoration evaluation of the juvenile's competency; and A juvenile to be examined by a competency evaluator of the juvenile's own choice and to request a second evaluation in response to a court-ordered competency evaluation or a court-ordered restoration evaluation. If the court determines that the juvenile is incompetent to proceed and unlikely to be restored to competency in the reasonably foreseeable future, a time frame is set forth for the dismissal of charges based on the severity and type of charge. For the 2023-24 state fiscal year, $120,000 is appropriated to the judicial department from the general fund. The judicial department may use this appropriation for mandated costs for the office of the state public offender and the office of the alternate defense counsel. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 (Note: This summary applies to this bill as enacted.)

• Judy Amabile Democratic · primary
• Robert Rodriguez Democratic · primary

1. May 16, 2023 Governor Signed · executive
2. May 5, 2023 Sent to the Governor · executive
3. May 5, 2023 Signed by the President of the Senate · upper
4. May 4, 2023 Signed by the Speaker of the House · lower
5. Apr 21, 2023 Senate Third Reading Passed - No Amendments · upper
6. Apr 20, 2023 Senate Second Reading Passed - No Amendments · upper
7. Apr 18, 2023 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole · upper
8. Apr 10, 2023 Senate Committee on Judiciary Refer Unamended to Appropriations · upper
9. Mar 22, 2023 Introduced In Senate - Assigned to Judiciary · upper
10. Mar 20, 2023 House Third Reading Passed - No Amendments · lower
11. Mar 17, 2023 House Second Reading Special Order - Passed with Amendments - Committee · lower
12. Mar 17, 2023 House Committee on Appropriations Refer Amended to House Committee of the Whole · lower
13. Jan 24, 2023 House Committee on Judiciary Refer Amended to Appropriations · lower
14. Jan 9, 2023 Introduced In House - Assigned to Judiciary · lower