reglab/statecodes huggingface dataset:
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 16-8.5-112 - Venue for collateral hearings

(1)
If a defendant committed to the custody of the department for evaluation or for restoration treatment meets the constitutional requirements for the administration of involuntary medication, the defendant's treating physician may petition the court for an order requiring that the defendant accept the treatment or, alternatively, that the medication be forcibly administered to the defendant. The department shall, prior to the hearing on the petition, deliver a copy of the petition to the court that committed the defendant to the custody of the department, the prosecuting attorney, and the defendant's legal representation in the criminal case, if such representation exists, and to the defendant directly if the defendant does not have legal representation. A physician shall assess and document the defendant's mental status prior to the administration of medication.
(2)
A petition for involuntary treatment must be heard in the court of the jurisdiction where the defendant is located. The department shall promptly deliver a copy of the order granting or denying the petition to the court that committed the defendant to the custody of the department, the prosecuting attorney, and the defendant's legal representation in the criminal case, if such representation exists, and to the defendant directly if the defendant does not have legal representation.
(3)
If the committing court elects to transfer venue for medication hearings to the court of the jurisdiction where the defendant is located, the committing county shall reimburse the county where the proceeding is heard for the reasonable costs incurred in conducting the proceeding. Alternatively, the district attorney for the committing county, or in any county or any city and county having a population exceeding fifty thousand people, the county attorney for the committing county, may prosecute the proceeding as the proponent of the physician's petition.
(4)
If a defendant committed to the custody of the department for evaluation or for restoration treatment is ordered by a court to accept treatment as set forth in subsection (1) of this section and is subsequently returned to jail for pending court proceedings, the county jail may require the defendant to continue to receive the same court-ordered treatment that was administered by the department before the defendant was discharged from inpatient care, or, alternatively, appropriate medical personnel provided by the jail may forcibly administer such court-ordered medication to the defendant.
Amended by 2024 Ch. 372,§ 10, eff. 6/4/2024.
L. 2008: Entire article added, p. 1846, § 2, effective July 1. L. 2009: (1) and (2) amended and (4) added, (HB 09 -1253), ch. 128, p. 550, § 2, effective August 5.
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 16-8.5-113 - Restoration to competency

(1)
The court may order a restoration hearing at any time on its own motion, on motion of the prosecuting attorney, or on motion of the defendant; except that the court shall order a restoration hearing when required pursuant to section 16-8.5-111 (4)(a) or (4)(b).
(2)
Within fourteen days after receipt of a report from the department or other court-approved provider of restoration services certifying that the defendant is competent to proceed, either party may request a hearing or a second evaluation. The court shall determine whether to allow the second evaluation or proceed to a hearing on competency. If the second evaluation is requested by the court or by an indigent defendant, the evaluation must be paid for by the court.
(3)
If a second evaluation is allowed, any pending requests for a hearing must be continued until receipt of the second evaluation report. The report of the expert conducting the second evaluation report must be completed and filed with the court within thirty-five days after the court order allowing the second evaluation, unless the time period is extended by the court after a finding of good cause.
(4)
If neither party requests a hearing or second evaluation within the time frame set forth in subsection (2) of this section, the court shall enter a final determination, based on the information then available to the court, whether the defendant is or is not competent to proceed.
(5)
If a party makes a timely request for a hearing, the hearing must be held within thirty-five days after the request for a hearing or, if applicable, within thirty-five days after the filing of the second evaluation report, unless the time is extended by the court after a finding of good cause.
(6)
At the hearing, the party asserting that the defendant is competent has the burden of proof by a preponderance of the evidence and the burden of submitting evidence. At the hearing, the court shall determine whether the defendant is restored to competency.
Amended by 2024 Ch. 372,§ 11, eff. 6/4/2024.
Amended by 2019 Ch. 227, § 6, eff. 7/1/2019.
L. 2008: Entire article added, p. 1846, § 2, effective July 1. L. 2012: (2), (3), and (5) amended, (SB 12-175), ch. 208, p. 852, § 81, effective July 1.
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 16-8.5-114 - Procedure after hearing concerning restoration to competency

(1)
If a defendant is found to be restored to competency after the hearing held pursuant to section
16-8.5-113
, the court shall resume the criminal proceedings or order the sentence carried out. The court shall credit any time the defendant spent in confinement while committed pursuant to section
16-8.5-111
against any term of imprisonment imposed after restoration to competency.
(2)
If, after the hearing held pursuant to section
16-8.5-113
, the court determines that the defendant remains incompetent to proceed, the court may continue or modify any orders entered at the time of the original determination of incompetency and may commit or recommit the defendant or enter any new order necessary to facilitate the defendant's restoration to mental competency, consistent with the requirements of section
16-8.5-111
.
(3)
Evidence of any determination as to the defendant's competency or incompetency is not admissible on the issues raised by a plea of not guilty, not guilty by reason of insanity, or, for offenses that occurred before July 1, 1995, the affirmative defense of impaired mental condition.
Amended by 2019 Ch. 227,§ 7, eff. 7/1/2019.
L. 2008: Entire article added, p. 1847, § 2, effective July 1.
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 16-8.5-115 - [Repealed]

Repealed by 2016 Ch. 151,§2, eff. 7/1/2016.
L. 2008: Entire article added, p. 1847, § 2, effective July 1. L. 2016: Entire section repealed, (HB 16-1410), ch. 151, p. 451, § 2, effective July 1.
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 16-8.5-117 - Escape - return to institution

If a defendant committed to the custody of the executive director for a competency evaluation or for restoration to competency escapes from the institution or hospital, the chief officer of the institution or hospital shall apply to the district court for the county in which the institution or hospital is located for a warrant of arrest directed to the sheriff of the county, commanding the sheriff to take all necessary legal action to effect the arrest of the defendant and to return the defendant promptly to the institution or hospital. The fact of an escape becomes a part of the official record of the defendant and must be certified to the committing court as part of the record in any proceeding to determine whether the defendant is eligible for release on bond or from custody.
Amended by 2024 Ch. 372,§ 14, eff. 6/4/2024.
L. 2008: Entire article added, p. 1848, § 2, effective July 1.
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 16-8.5-118 - Temporary removal for treatment and rehabilitation

The chief officer of an institution where a defendant has been committed pursuant to this article 8.5 may authorize treatment and rehabilitation activities involving temporary physical removal of the defendant from the institution where the defendant has been placed in accordance with the procedures and requirements of section
16-8-118
.
Amended by 2024 Ch. 372,§ 15, eff. 6/4/2024.
L. 2008: Entire article added, p. 1848, § 2, effective July 1.
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 16-8.5-119 - [Repealed]

L. 2008: Entire article added, p. 1848, § 2, effective July 1.
(1) This section was similar to former § 16-8-106.5 as it existed prior to 2008.
(2) Subsection (5) provided for the repeal of this section, effective July 1, 2010. (See L. 2008, p. 1848.)
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 16-8.5-120 - Competency evaluation monitoring system - users - rules

(1)
The department, with assistance from the judicial department, shall develop an electronic system to track the status of defendants in the criminal justice system for whom a competency evaluation or competency restoration has been ordered. The system must contain information on the following:
(a)
The date the court ordered the evaluation;
(b)
The dates of and locations where the evaluation was started and completed;
(c)
The date of and location where the defendant entered restoration services;
(d)
The dates and results of court reviews of competency;
(e)
Inpatient bed space;
(f)
Community restoration capacity; and
(g)
Financial estimates of costs of each inpatient and outpatient program to identify inefficiencies.
(2)
The department shall establish who has access to enter information into the electronic system and who may have read-only access to the electronic system.
Added by 2019 Ch. 227,§ 9, eff. 7/1/2019.
L. 2019: Entire section added, (SB 19-223), ch. 2289, p. 2289, § 9, effective July 1.
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 16-8.5-121 - [Repealed]

Added by 2019 Ch. 227,§10, eff. 7/1/2019.
L. 2019: Entire section added, (SB 19-223), ch. 2289, p. 2289, § 10, effective July 1.
Subsection (4) provided for the repeal of this section, effective July 1, 2021. (See L. 2019, p. 2289.)
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 16-8.5-122 - Forensic evaluator training

By February 1, 2020, the department shall create a partnership with an accredited institution of higher education in the state to develop and provide rigorous training in forensic evaluation. On or before January 1, 2021, newly hired competency evaluators must complete a training that addresses competency, sanity, report writing, expert testimony, and other skills crucial for forensic evaluators; except that competency evaluators who are forensic psychiatrists certified or certification-eligible by the American board of psychiatry and neurology and forensic psychologists who are certified or certification-eligible by the American board of forensic psychology may be exempt from any training requirements as outlined in this section through an exemption process to be developed by the department. The state will manage an oversight program that will provide support and ensure quality of forensic evaluators.
Added by 2019 Ch. 227,§ 11, eff. 7/1/2019.
L. 2019: Entire section added, (SB 19-223), ch. 2290, p. 2290, § 11, effective July 1.
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 16-8.5-123 - Competency services - inpatient beds - funding - repeal

(1)
The general assembly shall appropriate to the department twenty-eight million five hundred sixty-two thousand eight hundred twenty-eight dollars from the economic recovery and relief cash fund created in section
24-75-228 (2)(a)
to contract for additional inpatient beds for competency services provided pursuant to section
16-8.5-111
or for additional inpatient beds for individuals receiving mental health care and treatment pursuant to article
65
of title
27
. If any unexpended or unencumbered money appropriated for a fiscal year remains at the end of that fiscal year, the department may expend the money for the same purposes in the next fiscal year without further appropriation.
(2)
The general assembly shall appropriate to the department eight hundred thousand dollars from the behavioral and mental health cash fund created in section
24-75-230 (2)(a)
to contract for a feasibility study of renovating and staffing a facility in Adams county to provide inpatient beds for competency services provided pursuant to section
16-8.5-111
and individuals receiving mental health care and treatment pursuant to article
65
of title
27
. The department must receive the results from the feasibility study on or before September 15, 2022.
(3)
This section is repealed, effective December 31, 2024.
Added by 2022 Ch. 317, § 5, eff. 7/1/2022.
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 16-8.5-124 - [Effective 8/7/2024] Transparency requirements

(1)
The department shall post publicly on the office of civil and forensic mental health's website:
(a)
All policies and procedures related to competency evaluations, restoration services, management of the competency wait list, and admission policies regarding inpatient restoration services, including services for jail-based restoration and private hospital beds;
(b)
The number of beds currently available and occupied for jail-based restoration services;
(c)
The number of beds currently available and occupied in private hospitals for inpatient restoration services;
(d)
The number of beds currently available in each state-run hospital and occupied by adult civil patients, adult restoration patients, and adult not guilty by reason of insanity commitments;
(e)
The number of beds currently available in each state-run hospital and occupied by juvenile patients;
(f)
The number of individuals on the competency restoration wait list;
(g)
The length of competency wait list times and an explanation of the methodology used to calculate the wait times; and
(h)
Any projected dates for the opening of new beds and a description of what type of beds will become available.
Added by 2024 Ch. 471,§ 14, eff. 8/7/2024.
2024 Ch. 471, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 8.6 - BRIDGES WRAPAROUND CARE PROGRAM (§§ 16-8.6-101 — 16-8.6-112) › Section 16-8.6-102 - [Effective 8/7/2024] Definitions

As used in this article 8.6, unless the context otherwise requires:
(1)
"Bridges of Colorado" or "bridges" means the office of bridges of Colorado established pursuant to section 13-95-103.
(2)
"Bridges wraparound care program" means the bridges wraparound care program created in section 16-8.6-103.
(3)
"Eligible individual" or "eligible defendant" means an individual who the judicial district identifies as eligible for referral to the bridges wraparound care program pursuant to section 16-8.6-108.
Added by 2024 Ch. 471,§ 1, eff. 8/7/2024.
2024 Ch. 471, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 8.6 - BRIDGES WRAPAROUND CARE PROGRAM (§§ 16-8.6-101 — 16-8.6-112) › Section 16-8.6-103 - [Effective 8/7/2024] Bridges wraparound care program - established

(1)
There is created in the office of bridges of Colorado, created in section 13-95-103, the bridges wraparound care program to increase the success of eligible individuals referred from the criminal justice system by connecting the eligible individuals to necessary wraparound care coordination services, resulting in case dismissal, continuity of care, and increased social stability.
(2)
The purpose of the bridges wraparound care program is to:
(a)
Serve eligible individuals who are identified and referred by judicial districts in lieu of criminal prosecution, who are able to remain in the community and who are found incompetent to proceed or who are likely to be found incompetent to proceed;
(b)
Serve eligible individuals whose cases have been dismissed pursuant to section 16-8.5-111 (1.6) but who are voluntarily willing to participate in the bridges wraparound care program;
(c)
Increase the mental wellness and social stability of individuals participating in the bridges wraparound care program;
(d)
Decrease the number of individuals on the wait list for competency restoration services;
(e)
Decrease the number of individuals undergoing competency evaluations; and
(f)
Decrease the rate of reoffense for eligible individuals charged with low-level offenses who are accepted to participate in the bridges wraparound care program.
Added by 2024 Ch. 471,§ 1, eff. 8/7/2024.
2024 Ch. 471, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 8.6 - BRIDGES WRAPAROUND CARE PROGRAM (§§ 16-8.6-101 — 16-8.6-112) › Section 16-8.6-104 - [Effective 8/7/2024] Memorandum of understanding

(1)
(a)
The chief judge of each judicial district shall enter into a memorandum of understanding with the district attorney's office, the public defender's office, bridges of Colorado, the department of human services, the behavioral health administration in the department of human services, community-based treatment providers, and local behavioral health case management programs within the judicial district to develop and implement a referral process to deflect individuals who are likely to be found incompetent to proceed from competency proceedings and the criminal justice system. The memorandum of understanding must ensure the parties develop an operational vision for the referral process and how the referral process will best operate within the judicial district. Additional individuals or entities may be included in the development and implementation of the memorandum of understanding with the agreement of the parties to the memorandum of understanding described in this subsection (1)(a).
(b)
The office of the state court administrator shall coordinate the creation of the memorandum of understanding for each judicial district and any revisions, as needed.
(c)
The parties to the memorandum of understanding shall collaborate with community groups advocating for individuals with mental health disorders in the development and operation of the referral process, whenever possible.
(2)
At a minimum, the memorandum of understanding must:
(a)
Describe the operational vision of the referral process;
(b)
Ensure the dedication of resources for individuals referred to the bridges wraparound care program;
(c)
Define the process of referral to the bridges wraparound care program;
(d)
Define procedures that best ensure the efficiency and fairness of the referral process in the judicial district;
(e)
Require service providers who are a party to the memorandum of understanding and who provide the services described in section 16-8.6-109 (4) to participate in the bridges wraparound care process, regularly meet and communicate with the bridges wraparound care coordinator, and provide services, as necessary, to support each individual participating in the bridges wraparound care program;
(f)
Define the process and timeline for bridges of Colorado to report to the district attorney and the court regarding an individual's noncompliance with the bridges wraparound care program; and
(g)
Address compliance with the data-gathering requirements pursuant to section 16-8.6-105 (2).
Added by 2024 Ch. 471,§ 1, eff. 8/7/2024.
2024 Ch. 471, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 8.6 - BRIDGES WRAPAROUND CARE PROGRAM (§§ 16-8.6-101 — 16-8.6-112) › Section 16-8.6-105 - [Effective 8/7/2024] Office of the state court administrator - court coordinator - data gathering

(1)
The office of the state court administrator shall ensure a court coordinator:
(a)
Assists with identifying eligible individuals;
(b)
Collaborates with the entities described in section 16-8.6-104 (1)(a) to develop the memorandum of understanding;
(c)
Manages and collects data and manages reporting requirements pursuant to subsection (2) of this section in coordination with bridges of Colorado and the entities described in section 16-8.6-104 (1)(a); and
(d)
Provides ongoing support to each judicial district in developing and implementing the referral process described in section 16-8.6-107.
(2)
The state court administrator shall collaborate with the entities described in section 16-8.6-104 (1)(a), including bridges of Colorado, to collect the following information for each eligible individual who is identified and referred to the bridges wraparound care program:
(a)
The individual's name; age; race; identified gender; charges, as identified by the charge code; and case number;
(b)
The legal basis for the referral;
(c)
Whether the individual has previously been held for an emergency commitment pursuant to article 65 of title 27;
(d)
Whether the individual successfully completed the bridges wraparound care program and any identified resources and connections provided to the individual;
(e)
Whether the individual was unable to successfully complete the bridges wraparound care program and the reasons for the lack of successful completion;
(f)
Whether resources were available to meet the individual's mental wellness and social stability needs, identifying what resources were not available and the reason for the lack of resources;
(g)
The amount of money dedicated to serving the individual during the individual's participation in the bridges wraparound care program and whether any services were reimbursed by medicaid or other state or federally funded programs;
(h)
The number of individuals who participated in the bridges wraparound care program who otherwise would have been ordered to competency services and the number of individuals who likely would have been on the inpatient competency wait list or occupied an inpatient restoration bed;
(i)
The number of individuals who participated in the bridges wraparound care program who were charged with a crime, not including a civil offense or traffic offense, that occurred while participating in the program or within one year after successfully completing the program; and
(j)
The number of individuals who were identified and referred to the bridges wraparound care program but were not accepted for participation and the reasons for the non-acceptance.
Added by 2024 Ch. 471,§ 1, eff. 8/7/2024.
2024 Ch. 471, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 8.6 - BRIDGES WRAPAROUND CARE PROGRAM (§§ 16-8.6-101 — 16-8.6-112) › Section 16-8.6-106 - [Effective 8/7/2024] Bridges wraparound care coordinator - duties and responsibilities

(1)
The bridges wraparound care coordinator appointed pursuant to section 16-8.6-108 (4) has the following duties and responsibilities:
(a)
Follow the policies, procedures, best practices, and guidance of the bridges wraparound care program, as established by the office of bridges of Colorado, created in section 13-95-103, and the bridges of Colorado commission, created in section 13-95-104;
(b)
Conduct an initial intake of an eligible individual pursuant to section 16-8.6-108;
(c)
Screen and assess, or arrange for the screening and assessment of, a program participant and develop an individualized wraparound care plan pursuant to section 16-8.6-109;
(d)
Determine with the program participant the appropriate wraparound care referral and service options to support the individualized wraparound care plan created pursuant to section 16-8.6-109 (4);
(e)
Coordinate services with services providers, including services providers who are a party to the memorandum of understanding, and agencies identified in the individualized wraparound care plan, including facilitating collaborative efforts to identify and address systemic and provider-related barriers to care;
(f)
Proactively seek to maintain frequent and regular contact with program participants; directly assist in connecting program participants to necessary services and resources, court appearances, and other appointments; and make thorough efforts to know where program participants are residing, where program participants can be regularly found, and all known contact information for program participants;
(g)
Monitor program participant engagement with the individualized wraparound care plan and provide support to enable the program participant to engage fully, and allow for variances in the individualized wraparound care plan to continue to best meet the behavioral health and social determinants of health needs of the program participant;
(h)
Provide a written report to the court and parties when a program participant is not meaningfully engaged with the individualized wraparound care plan, including notifying the court when a provider, environmental, or systemic barrier exists that keeps the program participant from successfully engaging with the individualized wraparound care plan;
(i)
Provide information to criminal justice personnel regarding behavioral health and community treatment options and bridges wraparound care program best practices; and
(j)
Provide a written report to the court regarding the program participant's progress with the individualized wraparound care plan as necessary and for the purpose of providing information to the court for any hearings related to the program participant's case dismissal or program termination.
Added by 2024 Ch. 471,§ 1, eff. 8/7/2024.
2024 Ch. 471, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 8.6 - BRIDGES WRAPAROUND CARE PROGRAM (§§ 16-8.6-101 — 16-8.6-112) › Section 16-8.6-107 - [Effective 8/7/2024] Judicial district referral process - deadlines

(1)
Each judicial district shall develop a process to identify and refer eligible individuals to the bridges wraparound care program as a community-based alternative to competency proceedings pursuant to the following schedule:
(a)
No later than April 1, 2025, for the second, seventeenth, eighteenth, and twentieth judicial districts;
(b)
No later than October 1, 2025, for the first, fourth, fifth, sixth, eighth, fifteenth, sixteenth, twenty-first, and twenty-second judicial districts; and
(c)
No later than July 1, 2026, for the third, seventh, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, nineteenth, and twenty-third judicial districts.
Added by 2024 Ch. 471,§ 1, eff. 8/7/2024.
2024 Ch. 471, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 8.6 - BRIDGES WRAPAROUND CARE PROGRAM (§§ 16-8.6-101 — 16-8.6-112) › Section 16-8.6-109 - [Effective 8/7/2024] Participation - individualized wraparound care plan

(1)
An individual who is accepted to participate in the bridges wraparound care program pursuant to section 16-8.6-108 shall:
(a)
Enter into a written agreement with bridges of Colorado detailing The individual's participation in the bridges wraparound care program and the program expectations;
(b)
Cooperate with the bridges wraparound care coordinator in developing the components of the participant's individualized wraparound care plan; and
(c)
Engage with the bridges wraparound care coordinator and the services outlined in the individualized wraparound care plan.
(2)
As a condition of acceptance in the bridges wraparound care program, the participant may be required to authorize a release of information to allow for coordination of wraparound care services with other service providers and review of the participant's compliance with the individualized wraparound care plan and engagement with services.
(3)
The bridges wraparound care coordinator shall conduct a screening and assessment of the participant, which may be conducted in collaboration with external service providers or assessment centers. The bridges wraparound care coordinator may consider the information, services, and community mental health resources provided by the behavioral health administration in the department of human services and the behavioral health administrative services organizations established pursuant to part 4 of article 50 of title 27.
(4)
(a)
As part of the screening and assessment conducted pursuant to subsection (3) of this section, the bridges wraparound care coordinator shall create an individualized wraparound care plan for the participant that is designed to reduce barriers and facilitate access to wraparound care resources, especially behavioral health and other social determinants of health services. The individualized wraparound care plan must be designed to support continuity of care, social stabilization, and increased recovery rates. The individualized wraparound care plan must take into consideration the participant's behavioral health and social determinants of health needs, including:
(I)
Mental health treatment and care;
(II)
Treatment and care for mental disabilities;
(III)
Substance use disorder intervention and recovery services;
(IV)
Housing, including supportive housing;
(V)
Transportation;
(VI)
Basic needs assistance;
(VII)
Employment assistance, if applicable; and
(VIII)
Health insurance coverage, including medicare or medicaid eligibility and enrollment.
(b)
The bridges wraparound care coordinator shall provide the defendant, the defense counsel, the district attorney, and the court with a copy of the individualized wraparound care plan in writing.
Added by 2024 Ch. 471,§ 1, eff. 8/7/2024.
2024 Ch. 471, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 8.6 - BRIDGES WRAPAROUND CARE PROGRAM (§§ 16-8.6-101 — 16-8.6-112) › Section 16-8.6-110 - [Effective 8/7/2024] Review hearing - notice of termination

(1)
The court shall set a review hearing within one hundred eighty-two days after the court issues an order appointing a bridges wraparound care coordinator pursuant to section 16-8.6-108 (4). At the review hearing, the court must dismiss the charges against the defendant unless the court finds that the defendant has not satisfactorily complied with the individualized wraparound care plan, at which point the district attorney may file a notice of termination with the court pursuant to subsection (2) of this section. If the defendant has not satisfactorily complied with the individualized wraparound care plan but remains engaged, the court may continue the defendant's case for up to an additional ninety-one days and shall dismiss the charges if the defendant has satisfactorily complied with the individualized wraparound care plan within the additional ninety-one days.
(2)
The district attorney may file a notice of termination with the court if, at any time prior to the dismissal of charges, the prosecution believes that the defendant has failed to satisfactorily comply with the individualized wraparound care plan. Upon filing the notice of termination, the court shall set a hearing date for the defendant's appearance or issue a warrant if requested by the district attorney. If the court determines based on a preponderance of the evidence that the defendant did not successfully comply with the individualized wraparound care plan, the district attorney may prosecute the defendant for the original offense or offenses.
(3)
If the charges against a defendant are dismissed pursuant to this section and the charges are eligible for sealing pursuant to section 24-72-704, the district attorney may object, in the interests of justice, to sealing the case. If the district attorney files a written objection to the sealing within seven days of the dismissal, the charges against the defendant are not eligible for sealing and the court shall not enter an order sealing the charges; except that, the district attorney may, at a later date, withdraw the objection and agree to sealing the case that is dismissed pursuant to this section.
Added by 2024 Ch. 471,§ 1, eff. 8/7/2024.
2024 Ch. 471, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 8.6 - BRIDGES WRAPAROUND CARE PROGRAM (§§ 16-8.6-101 — 16-8.6-112) › Section 16-8.6-111 - [Effective 8/7/2024] Statements made by defendant

Any statement made by the defendant during the intake, screening and assessment, or while participating in the bridges wraparound care program pursuant to this article 8.6 that pertains to charges already filed against the defendant at the time of the initial referral to the wraparound care program must not be used against the defendant in the prosecution of those charges, except to impeach or rebut the defendant's testimony.
Added by 2024 Ch. 471,§ 1, eff. 8/7/2024.
2024 Ch. 471, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 8.6 - BRIDGES WRAPAROUND CARE PROGRAM (§§ 16-8.6-101 — 16-8.6-112) › Section 16-8.6-112 - [Effective 8/7/2024] Exclusion from speedy trial

Any period of time when the defendant is participating in the initial intake pursuant to section 16-8.6-108, is screened and assessed pursuant to section 16-8.6-109, is participating in the program, or following a notice of termination prior to the defendant appearing before the court is excluded from speedy trial requirements pursuant to section 18-1-405 (6), regardless of whether the defendant completed a written waiver.
Added by 2024 Ch. 471,§ 1, eff. 8/7/2024.
2024 Ch. 471, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 9 - PREPARATION FOR TRIAL (§§ 16-9-101 — 16-9-702) › Part 1 - SUBPOENAS (§ 16-9-101) › Section 16-9-101 - Right to compel attendance of witnesses

(1)
In every criminal case, the prosecuting attorney and the defendant have the right to compel the attendance of witnesses and the production of tangible evidence by service upon them of a subpoena to appear for examination as a witness at any proceeding before the court. Service of a subpoena upon a parent or legal guardian who has physical care of an unemancipated minor that contains wording commanding said parent or legal guardian to produce the unemancipated minor for the purpose of testifying before the court shall be valid service compelling the attendance of both said parent or legal guardian and the unemancipated minor for examination as witnesses. In addition, service of a subpoena as described in this subsection (1) shall compel said parent or legal guardian either to make all necessary arrangements to ensure that the unemancipated minor is available before the court to testify or to appear in court and show good cause for the unemancipated minor's failure to appear.
(2)
The issuance and service of subpoenas and all procedures related thereto shall be in conformity with and as required by applicable rule of criminal procedure adopted by the Colorado supreme court.
L. 72: R&RE, p. 233, § 1. C.R.S. 1963: §
39-9-101
. L. 98: (1) amended, p. 946, § 1, effective May 27.
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 9 - PREPARATION FOR TRIAL (§§ 16-9-101 — 16-9-702) › Part 2 - WITNESSES FROM OUTSIDE THE STATE (§§ 16-9-201 — 16-9-205) › Section 16-9-201 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"State" includes any territory of the United States and the District of Columbia.
(2)
"Summons" includes a subpoena, order, or other notice requiring the appearance of a witness.
(3)
"Witness" includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding.
L. 72: R&RE, p. 235, § 1. C.R.S. 1963: § 39-9-204.
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 9 - PREPARATION FOR TRIAL (§§ 16-9-101 — 16-9-702) › Part 2 - WITNESSES FROM OUTSIDE THE STATE (§§ 16-9-201 — 16-9-205) › Section 16-9-203 - Witness from another state

(1)
If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this state is a material witness in a prosecution pending in a court of record in this state or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
(2)
If the witness is summoned to attend and testify in this state, or if the witness appears voluntarily at the request of the prosecution or the defense and the court would have otherwise approved a certificate for such witness pursuant to subsection (1) of this section, he shall be tendered the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending or, in the alternative and at the discretion of the court, an airplane ticket and twenty dollars for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If a witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
L. 72: R&RE, p. 234, § 1. C.R.S. 1963: § 39-9-202. L. 87: (2) amended, p. 604, § 4, effective July 1.
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 9 - PREPARATION FOR TRIAL (§§ 16-9-101 — 16-9-702) › Part 2 - WITNESSES FROM OUTSIDE THE STATE (§§ 16-9-201 — 16-9-205) › Section 16-9-204 - Exemption from arrest

(1)
If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
(2)
If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, while so passing through this state, he shall not be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
L. 72: R&RE, p. 235, § 1. C.R.S. 1963: § 39-9-203.
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 9 - PREPARATION FOR TRIAL (§§ 16-9-101 — 16-9-702) › Part 2 - WITNESSES FROM OUTSIDE THE STATE (§§ 16-9-201 — 16-9-205) › Section 16-9-205 - Production of tangible evidence

The procedures set forth in this part 2 shall apply to both the compulsory attendance of witnesses and the production of tangible evidence by witnesses located in this state whose presence is required in an action in another state and to witnesses from another state whose presence is required in an action in this state.
L. 81: Entire section added, p. 927, § 4, effective July 1.
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 9 - PREPARATION FOR TRIAL (§§ 16-9-101 — 16-9-702) › Part 3 - COMPELLING ATTENDANCE OF MATERIAL WITNESSES WITHIN THE STATE (§§ 16-9-301 — 16-9-303) › Section 16-9-301 - Definitions

As used in this part 3, unless the context otherwise requires:
(1)
"Summons" includes a subpoena, order, or other notice requiring the appearance of a witness.
(2)
"Witness" includes a person whose testimony is desired or who is desired to produce tangible evidence in any proceeding or investigation by a grand jury or a criminal action or proceeding in this state.
L. 85: Entire part added, p. 626, § 1, effective April 24.
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 9 - PREPARATION FOR TRIAL (§§ 16-9-101 — 16-9-702) › Part 3 - COMPELLING ATTENDANCE OF MATERIAL WITNESSES WITHIN THE STATE (§§ 16-9-301 — 16-9-303) › Section 16-9-303 - Protection from arrest or service of process

When a person enters into or passes through any county in this state in obedience to a summons issued pursuant to section
16-9-302(2)
or when returning from testifying under the summons, he shall not be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into said county in response to the summons.
L. 85: Entire part added, p. 627, § 1, effective April 24.
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 9 - PREPARATION FOR TRIAL (§§ 16-9-101 — 16-9-702) › Part 4 - [Repealed] (§ 16-9-401) › Section 16-9-401 - to 16-9-405 - [Repealed]

L. 2002: Entire part repealed, p. 1463, § 3, effective October 1.
This part 4 was added in 1993. The provisions of this part 4 were relocated to part 11 of article
1.3
of title
18
.
For the legislative declaration contained in the 2002 act repealing this part 4, see section 1 of chapter 318, Session Laws of Colorado 2002.
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 9 - PREPARATION FOR TRIAL (§§ 16-9-101 — 16-9-702) › Part 5 - MOTIONS ALLEGING AN UNCONSTITUTIONAL LAW (§ 16-9-501) › Section 16-9-501 - Notice to the attorney general when a defendant alleges a law is unconstitutional

If a defendant in a criminal proceeding files a motion or other pleading that includes a claim alleging a state statute or municipal ordinance is unconstitutional, the defendant shall serve the attorney general with a copy of the motion or pleading. The attorney general shall be entitled to be heard on the matter. Failure to comply with this section shall not constitute a waiver of a defendant's constitutional rights or a defendant's right to raise a constitutional challenge.
L. 2006: Entire part added, p. 35, § 1, effective March 13.
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 9 - PREPARATION FOR TRIAL (§§ 16-9-101 — 16-9-702) › Part 6 - PROHIBITION ON REPRODUCTION OF SEXUALLY EXPLOITATIVE MATERIAL (§ 16-9-601) › Section 16-9-601 - Prohibition on reproduction of sexually exploitative material

(1)
For purposes of this part 6, "sexually exploitative material" shall have the same meaning as provided in section
18-6-403(2)(j)
, C.R.S.
(2)
For the reasons stated in section
18-6-403(1)
and (1.5), C.R.S., regarding the harm and victimization related to sexually exploitative material, in a criminal proceeding, all sexually exploitative material shall remain in the care, custody, and control of either the prosecution, a law enforcement agency, or the court.
(3)
(a)
Notwithstanding any provision of the Colorado rules of criminal procedure, a court shall deny a request by the defendant in a criminal proceeding to copy, photograph, duplicate, or otherwise reproduce sexually exploitative material, so long as the prosecuting attorney makes the material reasonably available to the defendant; except that if, after a hearing, the defendant shows that for reasons specific to the case, the access provided by the prosecuting attorney does not provide ample opportunity for inspection, viewing, and examination by a defense expert, the court may order reproduction of the material with an appropriate protective order.
(b)
For purposes of paragraph (a) of this subsection (3), sexually exploitative material shall be deemed to be reasonably available to the defendant if the prosecuting attorney provides ample opportunity for inspection, viewing, and examination, at the prosecutor's office or a law enforcement facility, of the property or material by the defendant, his or her attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.
L. 2008: Entire part added, p. 1719, § 1, effective June 2.