2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8.5 - COMPETENCY TO PROCEED (§§ 16-8.5-101 — 16-8.5-124) › Section 16-8.5-116 - [Effective 8/7/2024] [Effective Until 7/1/2025] Certification - reviews - termination of proceedings - rules

(1)
[Repealed by 2024 Amendment.]
(2)
(a)
Within ninety-one days after the entry of the court's order of commitment or order to receive outpatient restoration, the court shall review the case of a defendant who has been determined to be incompetent to proceed with regard to the probability that the defendant will be restored to competency within the reasonably foreseeable future and with regard to the justification for certification, confinement, or continued restoration treatment. The review may be held in conjunction with a restoration hearing held pursuant to section
16-8.5-113
. However, if at the review hearing, there is a request by the defendant for a restoration hearing pursuant to section
16-8.5-113
, the court shall set the restoration hearing within thirty-five days after the request pursuant to the provisions of section
16-8.5-113
.
(b)
At least ten days before each review, the individual or entity evaluating the defendant shall provide the court with a report describing:
(I)
An opinion regarding the defendant's competency;
(II)
Whether there is a substantial probability that the defendant will be restored to competency within the reasonably foreseeable future;
(III)
Whether there is a substantial probability that the defendant will be restored to competency within the time periods established by this section;
(IV)
Whether the defendant Meets the criteria for an emergency mental health hold pursuant to section 27-65-106;
(IV.3)
Whether the defendant meets the criteria for a certification for short-term treatment pursuant to section 27-65-108.5 or 27-65-109 and, if the defendant meets such criteria, whether the evaluator believes the defendant could be treated on an outpatient basis pursuant to section 27-65-111. In assessing whether a defendant with a pending criminal charge is a danger to self or others or is gravely disabled, if the person is incarcerated, the evaluator shall not rely on the fact that the defendant is incarcerated or is an inpatient in a medical facility to establish the defendant is not a danger to self or others or is not gravely disabled.
(IV.5)
Whether the defendant has an intellectual and developmental disability, as defined in section 25.5-10-202, and if the defendant does have such a disability, whether the defendant may be eligible for any additional services pursuant to article 10 of title 25.5 or article 10.5 of title 27.
(V)
Any and all efforts made for restoration through medication, therapy, education, or other services and the outcome of those efforts in relation to restoring the defendant to competency;
(VI)
Repealed.
(VII)
If the defendant has failed to cooperate with treatment, whether the incompetency and mental or intellectual and developmental disability contributes to the defendant's refusal or inability to cooperate with restoration or prevents the ability of the defendant to cooperate with restoration; and
(VIII)
A summary of the observations of the defendant by the treating staff at the facility or other location where inpatient services were delivered.
(c)
At least ten days before each review, the department treating team shall provide to the court an additional report that summarizes:
(I)
What restorative education has been provided and the frequency of that education;
(II)
What medication has been administered, including voluntary or involuntary medications;
(III)
What release plans have been made for the defendant after release, including a discussion of the support from family members;
(IV)
Whether or not the defendant would agree to voluntary admission to the hospital for certification pursuant to article
65
of title
27
;
(V)
The opinion of the treating team on the defendant's mental health functioning and ability to function on an outpatient basis for restoration services;
(VI)
Whether the defendant, based on observations of the defendant's behavior in the facility, presents a substantial risk to the physical safety of the defendant's self, of another person, or of the community if released for community restoration; and
(VII)
Any opinions which would be required during an initial evaluation pursuant to section 16-8.5-105 (5)(f).
(3)
After the initial review pursuant to subsection (2)(a) of this section, the court shall review the case of the defendant every ninety-one days. At least ten days before each review, the individual or entity evaluating the defendant shall provide the court with an updated report as described in subsection (2)(b) of this section and the treatment staff shall provide an updated summary of observations as described in subsection (2)(c) of this section.
(4)
[Repealed by 2024 Amendment.]
(5)
The court shall forward a copy of each report and summary received pursuant to subsections (2) and (3) of this section to the county attorney or district attorney required to conduct proceedings pursuant to section
27-65-113 (6)
for the county in which the case is pending and, when a bridges court liaison is appointed, to the bridges court liaison.
(6)
[Repealed by 2024 Amendment.]
(a)
[Repealed by 2024 Amendment.]
(b)
[Repealed by 2024 Amendment.]
(c)
[Repealed by 2024 Amendment.]
(d)
[Repealed by 2024 Amendment.]
(7)
(as amended by Laws 2024, ch. 372, § 18)
[Repealed by 2024 Amendment.]
(7)
(as amended by Laws 2024, ch. 471, § 13)
At any review hearing held concerning the defendant's competency to proceed, the court shall dismiss the charges against the defendant and release the defendant from confinement, subject to subsection (10) of this section, if:
(a)
The defendant:
(I)
Is charged with a class 1 misdemeanor;
(II)
Has been committed to the custody of the department or otherwise confined for an aggregate time of six months; and
(III)
Has received competency restoration services while committed or otherwise confined for an aggregate time of six months; and
(b)
The court determines, based on available evidence, that the defendant remains incompetent to proceed.
(8)
[Repealed by 2024 Amendment.]
(9)
[Repealed by 2024 Amendment.]
(10)
[Repealed by 2024 Amendment.]
(11)
[Repealed by 2024 Amendment.]
(12)
[Repealed by 2024 Amendment.]
(13)
[Repealed by 2024 Amendment.]
(14)
(as amended by Laws 2024, ch. 372, § 18)
[Repealed by 2024 Amendment.]
.
(14)
(as amended by Laws 2024, ch. 471, § 13)
The court shall, at an appropriate time in the restoration process, order the department or the appointed bridges court liaison, as defined in section 13-95-102, to provide the court with an appropriate individualized release plan developed in conjunction with any necessary community providers or resources for the reintegration of the defendant into the community with appropriate services.
(15)
[Repealed by 2024 Amendment.]
Amended by 2024 Ch. 471,§ 13, eff. 8/7/2024.
Amended by 2024 Ch. 372,§ 18, eff. 6/4/2024.
Amended by 2024 Ch. 372,§ 12, eff. 6/4/2024.
Amended by 2023 Ch. 423,§ 3, eff. 7/1/2024.
Amended by 2022 Ch. 451, § 25, eff. 8/10/2022.
Amended by 2022 Ch. 317, § 4, eff. 7/1/2022.
Amended by 2021 Ch. 462, § 173, eff. 3/1/2022.
Amended by 2020 Ch. 216, § 26, eff. 6/30/2020.
Amended by 2020 Ch. 144, § 3, eff. 6/29/2020.
Amended by 2019 Ch. 227, § 8, eff. 7/1/2019.
L. 2008: Entire article added, p. 1847, § 2, effective July 1. L. 2010: (2)(c) amended, (SB 10-175), ch. 783, p. 783, § 22, effective April 29. L. 2019: Entire section R&RE, (SB 19-223), ch. 2284, p. 2284, § 8, effective July 1. L. 2020: (7)(a)(I) amended and (15) added, (SB 20-181), ch. 627, p. 627, § 3, effective June 29; (12) amended, (HB 20-1402), ch. 1046, p. 1046, § 26, effective June 30. L. 2021: (1) amended, (SB 21-271), ch. 3163, p. 3163, § 173, effective 3/1/2022.
See 2024 Ch. 471, § 19.
(1) This section is similar to former § 16-8-114.5 as it existed prior to 2008.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2024 Ch. 471, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Ch. 423, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For liability for the costs of the care and treatment of persons committed to the department of human services pursuant to this article 8.5, see § 27-92-101 .