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SB 20-181 - Amends Incompetent-to-Proceed Process for Mentally Ill Defendants - Colorado Key Vote

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Title: Amends Incompetent-to-Proceed Process for Mentally Ill Defendants

See How Your Politicians Voted

Title: Amends Incompetent-to-Proceed Process for Mentally Ill Defendants

Vote Smart's Synopsis:

Vote to pass a bill that amends the process for a mentally ill defendant to be considered incompetent to proceed in their trial.

Highlights:

 

  • Requires a competency evaluation and report to include an opinion as to whether the defendant is competent to proceed (Sec. 1).

  • Establishes the following options for the court if the defendant is found incompetent to proceed (Sec. 2):

    • The court may forgo any order of restoration and immediately order that proceeding be initiated by the county or district attorney and dismiss the defendant’s charges without prejudice;

    • Create a hearing within 35 days of receiving a report that an incompetent defendant will not attain comptency in the forseeable future on whether or not the defendant will actually attain competency;

    • If the defendant in custody is recommended for outpatient services, the court shall consider the release of the defendant on bond;

    • The court may require pretrial services to work with the Office of Behavioral Health and a restoration service provider to assist in securing support services; and 

    • The court may set a bond hearing if the defendant is in custody on a misdemeanor, petty offense or traffic offense. 

  • Requires the court to dismiss the charges against a defendant and release them from confinement at a competency hearing if the defendant is charged with a misdemeanor, misdemeanor drug offense, petty offense or traffic offense (Sec. 3). 

  • Requires an incompetent defendant’s charges to be dropped if they are charged with an offense in municipal court (Sec. 3). 

See How Your Politicians Voted

Title: Amends Incompetent-to-Proceed Process for Mentally Ill Defendants

Vote Smart's Synopsis:

Vote to pass a bill that amends the process for a mentally ill defendant to be considered incompetent to proceed in their trial.

Highlights:

 

  • Requires a competency evaluation and report to include an opinion as to whether the defendant is competent to proceed (Sec. 1).

  • Establishes the following options for the court if the defendant is found incompetent to proceed (Sec. 2):

    • The court may forgo any order of restoration and immediately order that proceeding be initiated by the county or district attorney and dismiss the defendant’s charges without prejudice;

    • Create a hearing within 35 days of receiving a report that an incompetent defendant will not attain comptency in the forseeable future on whether or not the defendant will actually attain competency;

    • If the defendant in custody is recommended for outpatient services, the court shall consider the release of the defendant on bond;

    • The court may require pretrial services to work with the Office of Behavioral Health and a restoration service provider to assist in securing support services; and 

    • The court may set a bond hearing if the defendant is in custody on a misdemeanor, petty offense or traffic offense. 

  • Requires the court to dismiss the charges against a defendant and release them from confinement at a competency hearing if the defendant is charged with a misdemeanor, misdemeanor drug offense, petty offense or traffic offense (Sec. 3). 

  • Requires an incompetent defendant’s charges to be dropped if they are charged with an offense in municipal court (Sec. 3). 

Title: Amends Incompetent-to-Proceed Process for Mentally Ill Defendants

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