HB 22-1061 Summary

• Allows defendants found not guilty by reason of insanity to remain free on bond pending an initial release hearing rather than automatic commitment to the Department of Human Services, effective September 1, 2022.

• Requires courts to schedule an initial release hearing no later than 120 days after commitment and to order a release examination no later than 30 days before the hearing.

• Exceptions prevent bond release for defendants whose crimes are Class 1 or Class 2 felonies, involved serious bodily injury or death, involved deadly weapons, or involved felony unlawful sexual behavior.

• Establishes annual release examination reports required by institution chief officers that must include current diagnosis, medication compliance, risk assessment, available treatment options, and opinion on whether defendant meets release criteria.

• Appropriates $868,271 to the Department of Human Services for fiscal year 2022-23, including funding for additional mental health staff at Pueblo and forensic services administration.