HB 22-1386 Summary

• Requires courts to make second competency evaluations available to the Department of Human Services if restoration is ultimately ordered, with courts paying for court-ordered second evaluations.

• Establishes presumption that defendants in custody on misdemeanor, petty, or traffic offenses shall be released on personal recognizance bond and receive outpatient restoration services, requiring clear and convincing evidence to overcome this presumption.

• Changes competency review timelines from every 63 days to every 91 days after the fourth review and requires courts to consider whether restoration is possible within the "reasonably foreseeable future."

• Appropriates $28,562,828 from the Economic Recovery and Relief Cash Fund for additional inpatient competency beds and $800,000 from the Behavioral and Mental Health Cash Fund for a feasibility study of renovating an Adams County facility.

• Takes effect July 1, 2022, with appropriation provisions extending through December 30, 2024.