CO Code § 19-2.5-704 (2021)
2021 Colorado Code|Title 19 - Children's Code|Article 2.5 - The Colorado Juvenile Justice System|Part 7 - Competency to Proceed|§ 19-2.5-704. Procedure After Determination of Competency or Incompetency

  If the court finally determines pursuant to section 19-2.5-703 that the juvenile is competent to proceed, the court shall order that the suspended proceeding continue or, if a mistrial has been declared, shall reset the case for trial at the earliest possible date.      If the court finally determines pursuant to section 19-2.5-703 that the juvenile is incompetent to proceed but may be restored to competency, the court shall stay the proceedings and order that the juvenile receive services designed to restore the juvenile to competency, based upon recommendations in the competency evaluation, unless the court makes specific findings that the recommended services in the competency evaluation are not justified. The court shall order that the restoration services ordered are provided in the least-restrictive environment, taking into account the public safety and the best interests of the juvenile, and that the provision of the services and the juvenile's participation in those services occur in a timely manner. The court shall review the provision of and the juvenile's participation in the services and the juvenile's progress toward competency at least every ninety-one days until competency is restored, unless the juvenile is in custody, in which event the court shall review the case every thirty-five days to ensure the prompt provision of services in the least-restrictive environment. The court shall not maintain jurisdiction longer than the maximum possible sentence for the original offense, unless the court makes specific findings of good cause to retain jurisdiction. However, the juvenile court's jurisdiction shall not extend beyond the juvenile's twenty-first birthday.    Pursuant to section 27-60-105, the office of behavioral health in the department of human services is the entity responsible for the oversight of restoration education and coordination of services necessary to competency restoration.         If the court finally determines pursuant to section 19-2.5-703 that the juvenile is incompetent to proceed and cannot be restored to competency, the court shall determine whether a management plan for the juvenile is necessary, taking into account the public safety and the best interests of the juvenile. If the court determines a management plan is necessary, the court shall develop the management plan after ordering that the juvenile be placed in the least-restrictive environment, taking into account the public safety and best interests of the juvenile. If the court determines a management plan is unnecessary, the court may continue any treatment or plan already in place for the juvenile. The management plan must, at a minimum, address treatment for the juvenile, identify the party or parties responsible for the juvenile, and specify appropriate behavior management tools, if they are not otherwise part of the juvenile's treatment.    The management plan may include:   Placement options included in article 10 or 10.5 of title 27;    A treatment plan developed by a licensed mental health professional;    An informed supervision model;    Institution of a guardianship petition; or    Any other remedy deemed appropriate by the court.       If the charges are not dismissed earlier by the district attorney, the charges against a juvenile found to be incompetent and unrestorable must be dismissed no later than the maximum possible sentence for the original offense after the date of the court's finding of incompetent and unrestorable, unless the court makes specific findings of good cause to retain jurisdiction. However, the juvenile court's jurisdiction shall not extend beyond the juvenile's twenty-first birthday.       A determination pursuant to subsection (2) of this section that a juvenile is incompetent to proceed must not preclude the court from considering the release of the juvenile on bond upon compliance with the standards and procedures for such release prescribed by statute. At any hearing to determine eligibility for release on bond, the court may consider any effect the juvenile's incompetency may have on the juvenile's ability to ensure the juvenile's presence for trial.     History. Source: L. 2021: (4) amended,(SB 21-071), ch. 463, p. 3336, § 6, effective July 6; entire article added with relocations,(SB 21-059), ch. 136, p. 612, § 2, effective October 1.    Editor's note:    This section is similar to former § 19-2-1303 as it existed prior to 2021.    Subsection (4) was numbered as 19-2-1303 (4) in SB 21-071 (seeL. 2021, p. 3336). That provision was harmonized with subsection (4) of this section as it appears in SB 21-059.     ANNOTATION   Annotator's note. The following annotations include cases decided under former provisions similar to this section.   Juvenile court's order requiring juvenile to undergo a psychosexual evaluation as part of juvenile's management plan did not violate juvenile's right to be free from compelled self-incrimination. Section 19-2-1305 (3) provides the juvenile immunity related to the statements made during the evaluation, so there is no fifth amendment violation. People ex rel. C.Y., 2012 COA 31 , 275 P.3d 762.   Juvenile court's order requiring juvenile to undergo a psychosexual evaluation as part of juvenile's management plan did not violate juvenile's right to due process. Since the juvenile was found incompetent to stand trial and cannot be restored to competency, the juvenile will never be tried, therefore, the juvenile's right to presumption of innocence is not contemplated. People ex rel. C.Y., 2012 COA 31 , 275 P.3d 762.   As the designated entity responsible for the oversight of restoration to competency restoration services, the office of behavioral health must either provide an opinion concerning competency or find a qualified outsider to do so. The statutory scheme creates an expectation that the designated providers of competency restoration services would provide an opinion in its report to the court on a juvenile's progress toward competency. People in Interest of B.B.A.M., 2019 CO 103, 453 P.3d 1161.   A court cannot order a subsequent competency evaluation pursuant to this section or § 19-2-1304 . After a preliminary competency evaluation and a juvenile has begun receiving restoration services, the court may determine only whether a juvenile has been restored to competency at either a restoration review conducted pursuant to this section or during a restoration hearing conducted pursuant to § 19-2-1304 . People in Interest of B.B.A.M., 2019 CO 103, 453 P.3d 1161.