HB 18-1050 Summary

• Establishes definitions for juvenile competency to proceed in Colorado's juvenile justice system, including "competent to proceed," "incompetent to proceed," "mental capacity," "mental disability," and "developmental disability."

• Requires competency evaluations to assess developmental disabilities, mental disabilities, and mental capacity; prohibits using age alone as determinative of incompetence without finding the juvenile actually lacks relevant capacities.

• Mandates competency evaluations be conducted in the least-restrictive environment, including home or community placement when appropriate, and must include recommendations for restoration services if incompetence is found.

• Establishes "restoration to competency hearings" to determine whether a previously incompetent juvenile has achieved or been restored to competency, allowing trial to resume upon restoration.

• Takes effect July 1, 2018, and applies to acts committed on or after that date; declares the Act necessary for immediate preservation of public peace, health, and safety.