Section 16-8.5-116 - [Effective until 7/1/2024] Certification - reviews - rules(1)[Repealed by 2024 Amendment.](2)(a) Within ninety-one days after the entry of the court's order of commitment or order to receive outpatient restoration, the court shall review the case of a defendant who has been determined to be incompetent to proceed with regard to the probability that the defendant will be restored to competency within the reasonably foreseeable future and with regard to the justification for certification, confinement, or continued restoration treatment. The review may be held in conjunction with a restoration hearing held pursuant to section 16-8.5-113. However, if at the review hearing, there is a request by the defendant for a restoration hearing pursuant to section 16-8.5-113, the court shall set the restoration hearing within thirty-five days after the request pursuant to the provisions of section 16-8.5-113.(b) At least ten days before each review, the individual or entity evaluating the defendant shall provide the court with a report describing: (I) An opinion regarding the defendant's competency;(II) Whether there is a substantial probability that the defendant will be restored to competency within the reasonably foreseeable future;(III) Whether there is a substantial probability that the defendant will be restored to competency within the time periods established by this section;(IV) Whether the defendant meets the requirements for certification set forth in article 65 of title 27 or is eligible for services pursuant to article 10.5 of title 27;(V) Any and all efforts made for restoration through medication, therapy, education, or other services and the outcome of those efforts in relation to restoring the defendant to competency;(VII) If the defendant has failed to cooperate with treatment, whether the incompetency and mental or intellectual and developmental disability contributes to the defendant's refusal or inability to cooperate with restoration or prevents the ability of the defendant to cooperate with restoration; and(VIII) A summary of the observations of the defendant by the treating staff at the facility or other location where inpatient services were delivered.(c) At least ten days before each review, the department treating team shall provide to the court an additional report that summarizes: (I) What restorative education has been provided and the frequency of that education;(II) What medication has been administered, including voluntary or involuntary medications;(III) What release plans have been made for the defendant after release, including a discussion of the support from family members;(IV) Whether or not the defendant would agree to voluntary admission to the hospital for certification pursuant to article 65 of title 27;(V) The opinion of the treating team on the defendant's mental health functioning and ability to function on an outpatient basis for restoration services; (VI) Whether the defendant, based on observations of the defendant's behavior in the facility, presents a substantial risk to the physical safety of the defendant's self, of another person, or of the community if released for community restoration; and(VII) Any opinions which would be required during an initial evaluation pursuant to section 16-8.5-105 (5)(f).(3) After the initial review pursuant to subsection (2)(a) of this section, the court shall review the case of the defendant every ninety-one days. At least ten days before each review, the individual or entity evaluating the defendant shall provide the court with an updated report as described in subsection (2)(b) of this section and the treatment staff shall provide an updated summary of observations as described in subsection (2)(c) of this section.(4)[Repealed by 2024 Amendment.](5) The court shall forward a copy of each report and summary received pursuant to subsections (2) and (3) of this section to the county attorney or district attorney required to conduct proceedings pursuant to section 27-65-113 (6) for the county in which the case is pending and, when a bridges court liaison is appointed, to the bridges court liaison.(6)[Repealed by 2024 Amendment.](a)[Repealed by 2024 Amendment.](b) The court may, in coordination with the county attorney or district attorney required to conduct proceedings pursuant to section 27-65-113(6) for the county in which the defendant is charged, order the commencement of certification proceedings pursuant to the provisions of article 65 of title 27 if the defendant meets the requirements for certification pursuant to article 65 of title 27;(c)[Repealed by 2024 Amendment.](d)[Repealed by 2024 Amendment.](7)[Repealed by 2024 Amendment.](8)[Repealed by 2024 Amendment.](9)[Repealed by 2024 Amendment.](10) Prior to the dismissal of charges pursuant to subsection (1), (4), (6), (7), (8), or (9) of this section, the court shall identify whether the defendant meets the requirements for certification pursuant to article 65 of title 27, or for the provision of services pursuant to article 10.5 of title 27, or whether the defendant will agree to a voluntary commitment. If the court finds the requirements for certification or provision of services are met or the defendant does not agree to a voluntary commitment, the court may stay the dismissal for twenty-one days and notify the department and county attorney or district attorney required to conduct proceedings pursuant to section 27-65-113(6) in the relevant jurisdiction of the pending dismissal so as to provide the department and the county attorney or district attorney with the opportunity to pursue certification proceedings or the provision of necessary services.(11)[Repealed by 2024 Amendment.](12)[Repealed by 2024 Amendment.](13)[Repealed by 2024 Amendment.](14)[Repealed by 2024 Amendment.].(15)[Repealed by 2024 Amendment.]Amended by 2024 Ch. 372,§ 18, eff. 6/4/2024.Amended by 2024 Ch. 372,§ 12, eff. 6/4/2024.Amended by 2022 Ch. 451, § 25, eff. 8/10/2022.Amended by 2022 Ch. 317, § 4, eff. 7/1/2022.Amended by 2021 Ch. 462, § 173, eff. 3/1/2022.Amended by 2020 Ch. 216, § 26, eff. 6/30/2020.Amended by 2020 Ch. 144, § 3, eff. 6/29/2020.Amended by 2019 Ch. 227, § 8, eff. 7/1/2019.L. 2008: Entire article added, p. 1847, § 2, effective July 1. L. 2010: (2)(c) amended, (SB 10-175), ch. 783, p. 783, § 22, effective April 29. L. 2019: Entire section R&RE, (SB 19-223), ch. 2284, p. 2284, § 8, effective July 1. L. 2020: (7)(a)(I) amended and (15) added, (SB 20-181), ch. 627, p. 627, § 3, effective June 29; (12) amended, (HB 20-1402), ch. 1046, p. 1046, § 26, effective June 30. L. 2021: (1) amended, (SB 21-271), ch. 3163, p. 3163, § 173, effective 3/1/2022.(1) This section is similar to former § 16-8-114.5 as it existed prior to 2008.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments. For liability for the costs of the care and treatment of persons committed to the department of human services pursuant to this article 8.5, see § 27-92-101 .