Under current law in a dispute over a defendant's competency, a
party may request a second evaluation of the defendant. The bill requires that if a second evaluation is completed and restoration is ordered, the court shall make the second evaluation available to the department of human services (department).
The bill permits a defendant to be placed in the department's
custody for an inpatient competency evaluation if the court finds the competency report provided by the department does not meet statutory
requirements.
For a defendant whose highest charge is a misdemeanor, with
some exceptions, the bill requires the court to order outpatient restoration services and grant the defendant a personal recognizance bond unless the defendant meets certification criteria or the court finds by clear and convincing evidence that extraordinary circumstances exist that make release inappropriate and that inpatient restoration services are appropriate.
If the defendant is in custody and the recommendation is that
inpatient restoration services are not clinically appropriate to restore the defendant to competency, the bill directs the court to consider releasing the defendant on bond. The bill limits outpatient restoration services to a defendant or juvenile who is a resident of Colorado and requires the services be provided in Colorado.
The bill eliminates the requirement to opine on whether there is a
substantial probability that the defendant will be restored to competency and remain competent with the use of medication or not remain competent without the use of forced medication.
After the court has conducted at least 4 competency reviews, the
bill requires the court to conduct a competency review every 91 days. The bill requires the court to dismiss the defendant's case if there is not a substantial probability that the defendant will be restored to competency in the reasonably foreseeable future.
Under current law when a court determines that an adult defendant
is incompetent to proceed and orders the defendant to undergo restoration treatment, any claim of privilege or confidentiality by the defendant is deemed waived. The bill creates the same waiver for a juvenile defendant who is determined to be incompetent to proceed and is ordered to undergo restoration treatment. A court may order a restoration progress review hearing for a juvenile defendant at any time on the motion of any party or the court. The bill requires that when a court orders a restoration to competency evaluation for a juvenile that the evaluation be completed by the department.
