HB24-1034: Adult Competency to Stand Trial

• Requires courts to dismiss criminal charges if a defendant remains incompetent to proceed and cannot be restored to competency within the reasonably foreseeable future, with mandatory dismissal timelines based on offense severity (6 months for misdemeanors, 1-2 years for felonies).

• Establishes presumptions favoring outpatient restoration services and bond release for incompetent defendants on lower-level charges, requiring courts to apply clear and convincing evidence standards to deny personal recognizance bonds for misdemeanors.

• Creates detailed competency evaluation standards requiring evaluators to assess diagnosis, prognosis, restoration probability, and whether defendants with neurocognitive or developmental disabilities can realistically attain competency.

• Allows courts to order civil certification for short-term mental health treatment as an alternative to criminal prosecution, with provisions for case dismissal when appropriate and access to limited civil proceedings information.

• Assigns BRIDGES court liaisons coordination responsibilities for restoration services, community support, and discharge planning to facilitate defendant reintegration and reduce unnecessary confinement.