HB 23-1012 Summary

• Reorganizes and relocates definitions for juvenile competency proceedings to a new section (19-2.5-701.5) while maintaining existing competency standards requiring juveniles to consult with attorneys and understand proceedings rationally and factually.

• Establishes time limits for finding juveniles unrestorable to competency based on offense severity: 6 months for misdemeanors, 1 year for Class 4-6 felonies, 2 years for Class 3 felonies, and 5 years for Class 1-2 felonies or aggravated juvenile offender charges.

• Creates procedural requirements for restoration progress review hearings every 91 days (or 35 days if in custody) and allows courts to order restoration evaluations when juvenile circumstances change significantly.

• Expands information sharing among court parties by deeming confidentiality and privilege waived for competency-related information once a juvenile is found incompetent, allowing access to evaluations and treatment records without written consent.

• Grants juveniles the right to request second evaluations within 7 days of receiving court-ordered competency or restoration evaluations and appropriates $120,000 to judicial and defense offices for implementation.