CO HB1410

Courts must order competency evaluations to be conducted on an outpatient basis or at the place where a defendant is in custody, with defendants released on bond if otherwise eligible.

Courts may order inpatient evaluation at the Colorado Mental Health Institute at Pueblo only if the defendant poses danger to self or others, an inadequate or conflicting evaluation has been completed, an observation period is necessary, the institute recommends it due to defendant uncooperativeness or clinical needs, or the Department of Human Services Executive Director approves in writing.

County sheriffs must make reasonable efforts to take custody of defendants as soon as practicable once their evaluation at the Colorado Mental Health Institute at Pueblo is completed.

Courts cannot consider the need for a competency evaluation when setting bail or bond for eligible defendants.

Repeals section 16-8.5-115; appropriates $107,076 for 2016-17 fiscal year to the Department of Human Services for additional staff (1.8 FTE), operating expenses, capital outlay, and vehicle lease payments; decreases judicial department appropriation by $368,000.