Competency To Proceed And Restoration To Competency

Under current law, in a dispute over a defendant's competency, a party may request a second evaluation of the defendant. The act 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).

If the court finds that the competency report provided by the department does not meet statutory requirements, the act permits a defendant to be placed in the department's custody for an inpatient competency evaluation.

Under current law, when a defendant is in custody on a misdemeanor, petty offense, or traffic offense and the defendant is found incompetent to proceed, there is a presumption that the court will enter a personal recognizance bond. The act also creates a presumption that the court will order outpatient restoration services. If the court denies a personal recognizance bond, the court shall notify the department of the specific facts and findings it relied upon in the order for restoration treatment. The department is allowed to offer assistance to an out-of-state provider providing restoration services to a defendant living outside Colorado.

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 is eliminated.

After the court has conducted at least 4 competency reviews, the act requires the court to conduct a competency review every 91 days. The court is required 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.

The act appropriates:

• $28,562,828 from the economic recovery and relief fund cash fund to the department for use by the office of behavioral health for inpatient bed capacity; and
• $800,000 from the behavioral and mental health cash fund to the department to contract for a feasibility study of renovating a facility in Adams county to provide inpatient beds for competency services.
  (Note: This summary applies to this bill as enacted.)