Title: Amends Incompetent-to-Proceed Process for Mentally Ill Defendants
Signed by Governor Jared Polis
Title: Amends Incompetent-to-Proceed Process for Mentally Ill Defendants
Vote to pass a bill that amends the process for a mentally ill defendant to be considered incompetent to proceed in their trial.
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
Vote to pass a bill that amends the process for a mentally ill defendant to be considered incompetent to proceed in their trial.
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