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CO SB041
Bill
AI Summary
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State Department of Human Services may continue providing services for up to 90 days after charges are dismissed for persons found incompetent to proceed, and may contract with organizations to provide permanent supportive housing for these individuals
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Extends the deadline for parties to request a hearing or second competency evaluation from 7 days to 14 days after receiving a court-ordered report
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Requires mandatory bond hearings within 7 days for defendants in custody on misdemeanor, petty, or traffic offenses who are found incompetent, with a presumption of personal recognizance bond release
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Competency evaluators must use due diligence in reviewing prior competency opinions and explain any differences between their restorability opinion and past evaluations of the defendant
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Statute of limitations is tolled while an offender participates in a competency-related diversion or deflection program, and courts may grant extensions of up to 175 days for violent crime cases before dismissing charges to allow time for short-term treatment certification proceedings
Legislative Description
Competency in Criminal Justice System Services & Bail
Courts & Judicial
Last Action
Governor Signed
6/2/2025