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CO SB181

Bill

Status

Passed

6/29/2020

Primary Sponsor

Pete Lee

Click for details

Origin

Senate

2020 Regular Session

AI Summary

  • Requires competency evaluators to assess whether defendants with intellectual disabilities, brain injuries, or dementia can achieve competency with restoration services and identify any specialized services needed beyond standard curriculum.

  • Mandates evaluators to identify prior incompetency findings when a defendant has been found incompetent three or more times in the previous three years and assess likelihood of restoration and maintenance of competency.

  • Establishes a 35-day hearing with a presumption against restoration when evaluators opine defendant cannot attain competency within the reasonably foreseeable future; court must order case dismissal if clear and convincing evidence supports the presumption.

  • Requires courts to presume personal recognizance bond for defendants in custody on misdemeanor, petty, or traffic offenses found incompetent to proceed, and to make clear and convincing findings to impose more restrictive conditions.

  • Mandates municipal courts to dismiss cases when a defendant is found incompetent to proceed or when civil commitment proceedings are initiated.

Legislative Description

Measures On Incompetent To Proceed

Courts & Judicial

Last Action

Governor Signed

6/29/2020

Committee Referrals

State, Veterans, and Military Affairs6/5/2020
Committee of the Whole6/2/2020
Appropriations3/11/2020
Judiciary2/20/2020

Full Bill Text

No bill text available