Colorado Senate Bill 41
Session 2025A
Competency in Criminal Justice System Services & Bail
Became Law
Signed by Governor on Jun 2, 2025
Sponsors
First Action
Jan 8, 2025
Latest Action
Jun 2, 2025
Origin Chamber
Senate
Type
Bill
Bill Number
41
State
Colorado
Session
2025A
Motion Text
REPASS
Senate Roll Call Votes
Yes
Excused
Yes
Yes
Excused
Excused
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Summary
The act requires the judicial department to develop a form for a court to use to notify the department of human services (DHS) of the court's specific findings when the court denies a personal recognizance bond and orders inpatient restoration services for a defendant who is in custody for a misdemeanor, petty offense, or traffic offense, and who the court determines is incompetent to proceed but there is a substantial probability that the defendant, with restoration services, will attain competency in the reasonably foreseeable future.
The act makes changes to the processes related to competency evaluations, including changing the deadlines and processes for requesting second evaluations and changing the requirements for conducting restoration evaluations of juveniles. The act requires a court to vacate any existing order and not enter a new order directing DHS to conduct a competency evaluation or provide restoration services to a defendant if the defendant was accepted to participate in the bridges wraparound care program.
The requirements and processes related to certifying a defendant for short-term treatment are updated, including changes to the requirements for a party to request an order initiating short-term treatment and the processes when a party requests a hearing. The act permits DHS to request that the court refer a matter for filing of a petition for short-term treatment if, in the process of coordinating outpatient restoration services for a defendant, DHS determines that the defendant meets the standard for a certification for short-term treatment.
The court is required to set the following hearings upon the request of a party, if a final determination is made that the defendant is incompetent to proceed:
A hearing following the court's receipt, prior to ordering restoration treatment, of a competency evaluator's report concluding that there is not a substantial probability that the defendant, with restoration services, will attain competency within the reasonably foreseeable future; and
A hearing if, prior to ordering restoration treatment, a competency evaluator or other expert opines that the defendant's diagnosis likely includes a moderate to severe intellectual or developmental disability, acquired traumatic brain injury, or dementia, which, either alone or together with a co-occurring mental illness, affects the defendant's ability to gain or maintain competency.
The court is required to make findings about whether there are reasonable grounds to believe a person meets the standard for a certification for short-term treatment prior to dismissing charges against the person for certain competency reasons. If the charges are dismissed, the court shall notify DHS in writing that the charges were dismissed and the reason for the dismissal. Under existing law, if the court finds there are reasonable grounds, the court may stay the dismissal for 35 days. The act permits the court to grant up to four 35-day extensions to a stay of a dismissal in addition to the initial stay.
DHS is permitted to continue to provide services for up to 90 days after a person's case is dismissed because the person is incompetent to proceed. DHS is permitted to enter into an agreement with an organization to provide permanent supportive housing for a person whose case is dismissed because the person is incompetent to proceed or the person has successfully completed a bridges wraparound care program, and for a person who has been referred to the bridges wraparound care program.
DHS is required to collect information concerning where a person lives or intends to live following a dismissal or referral for each person whose charges are dismissed following a determination by the court that the person is incompetent to proceed or following satisfactory completion of a bridges wraparound care program, or who has been referred to the bridges wraparound care program.
The act tolls the time limitations to commence a criminal proceeding against a defendant while the offender is in a competency-related diversion or deflection program. The act tolls the time limitations to commence a criminal proceeding against a defendant beginning when the defendant's case is dismissed without prejudice for the purpose of facilitating certification for short-term treatment until either the defendant's criminal case is re-filed or 6 months have passed since the case was dismissed, whichever is earlier.
(Note: This summary applies to this bill as enacted.)
Signed Act (06/02/2025)
Final Act (05/02/2025)
Rerevised (04/28/2025)
Revised (04/24/2025)
Reengrossed (03/31/2025)
Engrossed (03/28/2025)
Introduced (01/08/2025)
PA3 (04/23/2025)
PA2 (03/26/2025)
PA1 (02/13/2025)
Committee Amendment
Fiscal Note FN4 (07/09/2025)
Fiscal Note FN3 (04/04/2025)
Fiscal Note FN2 (03/11/2025)
Fiscal Note FN1 (01/13/2025)
Fiscal Note SA1 (03/24/2025)
Sort by most recent
06/02/2025
Office of the Governor
Governor Signed
05/02/2025
Office of the Governor
Sent to the Governor
05/02/2025
House
Signed by the Speaker of the House
05/01/2025
Senate
Signed by the President of the Senate
04/29/2025
Senate
Senate Considered House Amendments - Result was to Concur - Repass
04/28/2025
House
House Third Reading Passed - No Amendments
04/25/2025
House
House Third Reading Laid Over Daily - No Amendments
04/24/2025
House
House Second Reading Special Order - Passed with Amendments - Committee, Floor
04/22/2025
House
House Committee on Judiciary Refer Amended to House Committee of the Whole
03/31/2025
House
Introduced In House - Assigned to Judiciary
03/31/2025
Senate
Senate Third Reading Passed - No Amendments
03/28/2025
Senate
Senate Second Reading Passed with Amendments - Committee, Floor
03/26/2025
Senate
Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
02/12/2025
Senate
Senate Committee on Judiciary Refer Amended to Appropriations
02/10/2025
Senate
Senate Committee on Judiciary Lay Over Unamended - Amendment(s) Failed
01/08/2025
Senate
Introduced In Senate - Assigned to Judiciary
Sources
CO Legislature
Record Created
Jan 9, 2025 12:48:33 AM
Record Updated
Jul 10, 2025 10:29:52 PM