HB 23-1138 Summary

• Creates a new court-ordered certification process for short-term mental health treatment (up to 3 months) for defendants found incompetent to proceed in criminal cases, allowing courts to initiate civil mental health proceedings instead of indefinite restoration orders.

• Requires competency evaluators to assess and report whether defendants meet criteria for emergency mental health holds, short-term treatment certification, or have intellectual and developmental disabilities, with evaluations to be completed within 14 days of meeting with the defendant.

• Allows courts to dismiss criminal charges without prejudice when a defendant is certified for short-term treatment if all charges are subject to dismissal, or to stay restoration orders while civil certification proceedings occur with agreement of the parties.

• Establishes procedures for short-term treatment certification petitions including notice requirements, defendant rights to attorney representation, jury trial requests, and court review hearings, while prohibiting reliance on incarceration status alone to determine if a defendant poses danger to self or others.

• Takes effect July 1, 2024, subject to potential referendum petition; amends multiple sections of Colorado law regarding criminal competency proceedings, background check reporting, and behavioral health administration oversight.