HB 14-1025 Summary

• Establishes juvenile-specific definitions for competency determinations in Colorado's juvenile justice system, separate from adult criminal standards.

• Defines "incompetent to proceed" for juveniles as lacking rational and factual understanding of proceedings or inability to meaningfully consult with counsel due to mental disability, developmental disability, intellectual disability, or lack of mental capacity.

• Adds definitions for mental disability, intellectual disability, developmental disability, mental capacity, and restoration hearing to section 19-2-103.

• Requires competency evaluations be conducted in the least-restrictive environment including home or community placement when appropriate, and mandates evaluation recommendations on whether juveniles can achieve or be restored to competency.

• Changes language from "restored to competency" to "achieved or restored to competency" throughout the juvenile code to account for juveniles who may initially achieve competency rather than regain it.