Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to pass a bill that amends the process for a mentally ill defendant to be considered incompetent to proceed in their trial.

Highlights:

• Requires a competency evaluation and report to include an opinion as to whether the defendant is competent to proceed (Sec. 1).

• Establishes the following options for the court if the defendant is found incompetent to proceed (Sec. 2):

• The court may forgo any order of restoration and immediately order that proceeding be initiated by the county or district attorney and dismiss the defendant’s charges without prejudice;

• Create a hearing within 35 days of receiving a report that an incompetent defendant will not attain comptency in the forseeable future on whether or not the defendant will actually attain competency;

• If the defendant in custody is recommended for outpatient services, the court shall consider the release of the defendant on bond;

• The court may require pretrial services to work with the Office of Behavioral Health and a restoration service provider to assist in securing support services; and 

• The court may set a bond hearing if the defendant is in custody on a misdemeanor, petty offense or traffic offense. 

• Requires the court to dismiss the charges against a defendant and release them from confinement at a competency hearing if the defendant is charged with a misdemeanor, misdemeanor drug offense, petty offense or traffic offense (Sec. 3). 

• Requires an incompetent defendant’s charges to be dropped if they are charged with an offense in municipal court (Sec. 3). 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends the process for a mentally ill defendant to be considered incompetent to proceed in their trial.

Highlights:

• Requires a competency evaluation and report to include an opinion as to whether the defendant is competent to proceed (Sec. 1).

• Establishes the following options for the court if the defendant is found incompetent to proceed (Sec. 2):

• The court may forgo any order of restoration and immediately order that proceeding be initiated by the county or district attorney and dismiss the defendant’s charges without prejudice;

• Create a hearing within 35 days of receiving a report that an incompetent defendant will not attain comptency in the forseeable future on whether or not the defendant will actually attain competency;

• If the defendant in custody is recommended for outpatient services, the court shall consider the release of the defendant on bond;

• The court may require pretrial services to work with the Office of Behavioral Health and a restoration service provider to assist in securing support services; and 

• The court may set a bond hearing if the defendant is in custody on a misdemeanor, petty offense or traffic offense. 

• Requires the court to dismiss the charges against a defendant and release them from confinement at a competency hearing if the defendant is charged with a misdemeanor, misdemeanor drug offense, petty offense or traffic offense (Sec. 3). 

• Requires an incompetent defendant’s charges to be dropped if they are charged with an offense in municipal court (Sec. 3). 

Full Bill Text