HB 15-1025 Summary

• Establishes juvenile-specific definition of "incompetent to proceed" requiring juveniles to lack sufficient present ability to consult with their attorney with reasonable degree of rational understanding or lack rational and factual understanding of proceedings against them.

• Adds new definitions for juveniles in the juvenile justice system: "developmental disability," "intellectual disability," "mental capacity," and "mental disability" with criteria specific to juvenile contexts.

• Requires competency determinations to include evaluation of developmental disabilities, mental disabilities, and mental capacity, and specifies that age alone is not determinative of incompetence.

• Mandates competency evaluations be conducted in least-restrictive environment including home or community placement if appropriate, and requires evaluations to include recommendations on whether juvenile may achieve or be restored to competency.

• Changes language throughout statute from "restored to competency" to "achieved or restored to competency" to reflect that juveniles may achieve competency for the first time through development and services.