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CO SB181
Bill
AI Summary
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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.
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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.
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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.
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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.
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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