Amendments for HB24-1034
House Journal, January 31
1 HB24-1034 be amended as follows, and as so amended, be referred to
2 the Committee on Appropriations with favorable
3 recommendation:
4
5 Amend printed bill, page 2, strike lines 2 through 10.
6
7 Renumber succeeding sections accordingly.
8
9 Page 4, line 12, before "(8)" insert "(1)(b) and".
10
11 Page 4, strike line 13 and substitute:
12
13 "16-8.5-103. Determination of competency to proceed.
14 (1) (b) On or before the date when a court orders that a defendant be
15 evaluated for competency, a BRIDGES court liaison for the district hired or
16 contracted pursuant to article 95 of title 13 may be assigned to the
17 defendant.
18 (8) If the".
19
20 Page 5, line 6, after "attorney," insert "THE BRIDGES COURT LIAISON,".
21
22 Page 5, line 11, after "court," insert "BRIDGES COURT LIAISON,".
23
24 Page 7, after line 18 insert:
25
26 "(4) (a) NOTWITHSTANDING THE CONFIDENTIALITY OF RECORDS
27 PURSUANT TO ARTICLE 65 OF TITLE 27, WHEN THE ISSUE OF COMPETENCY
28 IS RAISED OR AFTER A DEFENDANT HAS BEEN FOUND INCOMPETENT TO
29 PROCEED, AND UPON THE REQUEST OF THE DEFENSE ATTORNEY, THE
30 COURT SHALL ISSUE A COURT ORDER AUTHORIZING THE COURT CLERK TO
31 PROVIDE THE DEFENSE ATTORNEY:
32 (I) A LIST OF THE JURISDICTIONS AND CASE NUMBERS OF ANY
33 CURRENT OR PRIOR PROCEEDINGS, INCLUDING SEALED PROCEEDINGS,
34 BROUGHT PURSUANT TO ARTICLE 65 OF TITLE 27 IN WHICH THE
35 DEFENDANT IS THE RESPONDENT; AND
36 (II) A COPY OF THE DEFENDANT'S RECORDS, INCLUDING SEALED
37 RECORDS, FROM EITHER A DISTRICT COURT CRIMINAL MATTER INVOLVING
38 COMPETENCY OR THE DISTRICT COURT RESPONSIBLE FOR THE DEFENDANT'S
39 CASE BROUGHT PURSUANT TO ARTICLE 65 OF TITLE 27; AND
40 (b) THE COURT CLERK SHALL PROVIDE THE DEFENSE ATTORNEY
41 THE LIST OF JURISDICTIONS AND CASE NUMBERS PURSUANT TO SUBSECTION
42 (4)(a)(I) OF THIS SECTION OR INFORM THE DEFENSE ATTORNEY THAT NO
43 CURRENT OR PRIOR RECORDS, INCLUDING SEALED RECORDS, EXIST IF THE
44 DEFENSE ATTORNEY PROVIDES THE COURT CLERK WITH A COURT ORDER
45 PURSUANT TO SUBSECTION (4)(a)(I) OF THIS SECTION.
46 (c) THE COURT CLERK WHO IS THE CUSTODIAN OF RECORDS FOR
27 47 THE DEFENDANT'S CASE BROUGHT PURSUANT TO ARTICLE 65 OF TITLE
48 SHALL PROVIDE THE DEFENSE ATTORNEY A COPY OF THE RECORDS IF THE
49 DEFENSE ATTORNEY PROVIDES THE COURT CLERK WITH:
50 (I) THE DEFENDANT'S WRITTEN RELEASE FOR THE RECORDS; OR
51 (II) A COURT ORDER ISSUED PURSUANT TO SUBSECTION (4)(a)(II)
52 OF THIS SECTION.".
53
54 Page 7, line 20, strike "(1)(b.7)," and substitute "(1)(a)(III), (1)(b.7),
55 (1)(d),".
56
1 Page 7, lines 20 and 21, strike "and (5)(f);" and substitute "(5)(f), and
2 (6);".
3
4 Page 8, after line 10 insert:
5
6 "(III) The court shall determine the type of bond and the
7 conditions of release after consideration of the presumptions and factors
8 enumerated in article 4 of this title 16, which include consideration of the
9 information received from any pretrial services program pursuant to the
10 provisions of section 16-4-106 and any information provided by the
11 BRIDGES court liaison hired or contracted pursuant to article 95 of title 13.
12 As a condition of any bond, the court shall require the defendant's
13 cooperation with the competency evaluation on an outpatient and
14 out-of-custody basis. In setting the bond, the court shall not consider the
5 15 need for the defendant to receive an evaluation pursuant to this article 8.
16 as a factor in determining any monetary condition of bond.".
17
18 Page 8, after line 21 insert:
19
20 "(d) If a defendant is in the department's custody for purposes of
21 the competency evaluation ordered pursuant to this article 8.5 and the
22 defendant has completed the competency evaluation and the evaluator has
23 concluded that the defendant is competent to proceed, the department may
24 return the defendant to a county jail or to the community, as determined
25 by the defendant's bond status. If the evaluator has concluded that the
26 defendant is incompetent to proceed and that inpatient restoration services
27 are not clinically appropriate, and outpatient restoration services are
28 available to the defendant in the community, the department shall notify
29 the court and the BRIDGES court liaison, and the department shall develop
30 a discharge plan and a plan for community-based restoration services in
31 coordination with the community restoration services provider. The court
32 shall hold a hearing within seven days after receiving the notice, at which
33 the department shall provide to the court the plan for community-based
34 restoration services, and the court may enter any appropriate orders
35 regarding the custody of the defendant and his or her the DEFENDANT'S
36 bond status. The department shall advise the defendant of the date and
37 time of the court hearing. If the department is returning the defendant to
38 a county jail, the county sheriff in the jurisdiction where the defendant
39 must return shall take custody of the defendant within seventy-two hours
40 after receiving notification from the department that the defendant's
41 evaluation is completed. At the time the department notifies the sheriff,
42 the department shall also notify the court and the BRIDGES court liaison
43 that the department is returning the defendant to the custody of the jail.".
44
45 Page 8, strike lines 22 through 26 and substitute:
46
47 "(4) A written report of the evaluation must be prepared in
48 triplicate and delivered AND THE DEPARTMENT SHALL ELECTRONICALLY
49 DELIVER THE REPORT to the COURT clerk of the court that ordered it. The
50 clerk shall provide a copy of the report both to the prosecuting attorney
51 ATTORNEY, THE BRIDGES COURT LIAISON, and the DEFENSE counsel for the
52 defendant. The department may utilize USING the e-filing system. to
53 deliver the report to the court and serve it upon the".
54
55 Page 8, line 27, strike "parties." and substitute "parties.".
56
1 Page 13, after line 9 insert:
2
3 "(6) Whenever a competency evaluation is ordered upon the
4 request of either party, the court may notify the county attorney or district
113 5 attorney required to conduct proceedings pursuant to section 27-65-
6 (6) for the county in which the charges are pending and the BRIDGES court
7 liaison hired or contracted pursuant to article 95 of title 13 of all court
8 dates for return of the report on competency to ensure that all parties are
9 on notice of the expected need for coordinated services and planning with
10 consideration of possible civil certification.".
11
12 Page 16, line 10, after "COURT" insert "MAY APPOINT A BRIDGES COURT
13 LIAISON OR".
14
15 Page 16, line 12, after "SERVICES" and insert "OR A BRIDGES COURT
16 LIAISON, OR BOTH,".
17
18 Page 20, line 19, after "OPINION" insert "PURSUANT TO THIS SUBSECTION
19 (4)".
20
21 Page 20, strike lines 25 through 27 and substitute "LIKELY INCLUDES A
22 NEUROCOGNITIVE OR NEURODEVELOPMENTAL IMPAIRMENT THAT".
23
24 Page 21, line 1, strike "DISEASE, ANY OF WHICH".
25
26 Page 21, line 8, after "OPINION" insert "PURSUANT TO THIS SUBSECTION
27 (4)".
28
29 Page 21, strike lines 20 through 22 and substitute "DIAGNOSIS LIKELY
30 INCLUDES A NEUROCOGNITIVE OR NEURODEVELOPMENTAL IMPAIRMENT
31 THAT".
32
33 Page 21, line 23, strike "DISEASE, ANY OF WHICH".
34
35 Page 22, line 10, strike "MODERATE TO".
36
37 Page 22, strike lines 11 and 12 and substitute "NEUROCOGNITIVE OR
38 NEURODEVELOPMENTAL IMPAIRMENT,".
39
40 Page 22, line 13, strike "DEGENERATIVE BRAIN DISEASE,".
41
5 42 Page 23, line 9, strike "16-8.5-116.5 (8);" and substitute "16-8.5-116.
43 (9);".
44
5 45 Page 23, line 25, strike "16-8.5-116.5 (8)," and substitute "16-8.5-116.
46 (9),".
47
48 Page 24, line 4, strike "NOT".
49
50 Page 25, line 3, before "AND" insert "THE BRIDGES COURT LIAISON,".
51
52 Page 25, line 15, after "A" insert "BRIDGES".
53
54 Page 25, line 16, after "THE" insert "BRIDGES".
55
56
1 Page 26, line 3, after "PROGRAM." add "THE DEPARTMENT SHALL NOTIFY
2 THE COURT, THE BRIDGES COURT LIAISON, THE PROSECUTING ATTORNEY,
3 AND THE DEFENSE ATTORNEY WHEN THE DEFENDANT IS PLACED OR MOVED
4 TO A DIFFERENT PROGRAM.".
5
6 Page 26, line 10, after "THE" insert "BRIDGES".
7
8 Page 27, line 6, after the first "THE" insert "BRIDGES".
9
10 Page 27, line 18, after "TO" insert "THE BRIDGES COURT LIAISON AND".
11
12 Page 27, strike lines 19 and 20 and substitute "WILL PROVIDE CONTINUED
13 RESTORATION, IF APPLICABLE, OR SERVICES;".
14
15 Page 27, line 21, strike "COURT LIAISON, IF APPLICABLE," and substitute
16 "BRIDGES COURT LIAISON".
17
18 Page 27, line 25, strike "COURT LIAISON, IF APPLICABLE" and substitute
19 "BRIDGES COURT LIAISON".
20
21 Page 28, line 7, strike "COURT LIAISON, IF APPLICABLE," and substitute
22 "BRIDGES COURT LIAISON".
23
24 Page 28, line 10, strike "SHERIFF" and substitute "SHERIFF, THE BRIDGES
25 COURT LIAISON,".
26
27 Page 28, line 18, strike "MUST" and substitute "MAY".
28
29 Page 32, line 22, before "court" insert "BRIDGES".
30
31 Page 32, line 23, before "court" insert "BRIDGES".
32
33 Page 34, line 17, strike "(8)" and substitute "(9)".
34
35 Page 35, line 2, strike "(8)" and substitute "(9)".
36
37 Page 35, line 15, strike "(8)" and substitute "(9)".
38
39 Page 36, line 9, strike "(8)" and substitute "(9)".
40
3 41 Page 36, strike lines 20 and 21 and substitute "FELONY OR A LEVEL
42 DRUG FELONY AND THE".
43
44 Page 37, line 4, strike "(8)" and substitute "(9)".
45
46 Page 38, after line 11 insert:
47
48 "(8) THE COURT SHALL DISMISS THE DEFENDANT'S CASE IF:
49 (a) THE DEFENDANT IS FOUND INCOMPETENT TO PROCEED;
50 (b) THE CHARGES AGAINST THE DEFENDANT HAVE NOT BEEN
51 DISMISSED PURSUANT TO THIS SECTION; AND
52 (c) THE DEFENDANT'S PRESENTENCE CONFINEMENT CREDIT,
53 INCLUDING ANY TIME PERIOD THE DEFENDANT WAS COMMITTED FOR
54 INPATIENT RESTORATION, OR CONFINED IN JAIL OR ANOTHER DETENTION
55 FACILITY AWAITING INPATIENT RESTORATION SERVICES, EXCEEDS THE
56 MAXIMUM SENTENCE FOR THE DEFENDANT'S HIGHEST CHARGED OFFENSE.".
1 Page 38, line 12, strike "(8)" and substitute "(9)".
2
3 Page 38, line 27, strike "(9)" and substitute "(10)".
4
5 Page 39, strike lines 2 through 4 and substitute "NEUROCOGNITIVE OR
6 NEURODEVELOPMENTAL IMPAIRMENT, THE COURT MAY STAY".
7
8 Page 39, strike lines 6 and 7 and substitute "DISMISSAL, THE COURT MAY
9 ORDER THE BRIDGES COURT LIAISON TO ASSIST WITH CASE PLANNING AND
10 COORDINATING WITH SERVICES, INCLUDING COORDINATING WITH
11 GOVERNMENT ENTITIES OR COMMUNITY-BASED ORGANIZATIONS THAT ARE
12 CAPABLE OF PROVIDING".
13
14 Page 39, line 9, strike "(10)" and substitute "(11)".
15
16 Page 39, line 14, strike "(11)" and substitute "(12)".
17
18 Page 39, line 17, strike "(12)" and substitute "(13)".
19
20 Page 39, line 20, strike "(13)" and substitute "(14)".
21
22 Page 39, line 22, after "department" insert "OR THE BRIDGES COURT
23 LIAISON".
24
25 Page 39, line 25, strike "(14)" and substitute "(15)".
26
27 Page 40, line 3, strike "(15)" and substitute "(16)".
28
29 Page 40, line 13, strike "(16)" and substitute "(17)".
30
31 Page 40, line 18, strike "(17)" and substitute "(18)".
32
33
House Journal, April 19
45 HB24-1034 be amended as follows, and as so amended, be referred to
46 the Committee of the Whole with favorable
47 recommendation:
48
49 Amend the Judiciary Committee Report, dated January 30, 2024, page 1,
50 after line 12 insert:
51
52 "Page 6 of the bill, strike lines 8 through 27.
53
54 Page 7 of the bill, strike lines 1 through 18.
55
1 Renumber succeeding sections accordingly.".
2
3 Page 1 of the report, strike lines 13 through 20.
4
5 Page 2 of the report, strike lines 1 through 20.
6
7 Page 2 of the report, after line 22 insert "Page 7 of the bill, line 20, strike
8 "(5)(c),".".
9
10 Page 2 of the report, after line 24 insert "Page 7 of the bill, line 22, strike
11 "and (5)(c.5)".".
12
13 Page 3 of the report, after line 33 insert:
14
15 "Page 9 of the bill, strike lines 7 through 27.
16
17 Page 10 of the bill, strike lines 1 and 2.".
18
19 Page 3 of the report, before line 34 insert:
20
21 "Page 10 of the bill, line 13, strike "(A)" and substitute "(A)".
22
23 Page 10 of the bill, strike lines 26 and 27 and substitute:
24
25 "(C) (B) IF POSSIBLE, when the defendant is diagnosed with a
26 moderate to severe intellectual or developmental disability, acquired or
27 traumatic brain".
28
29 Page 11 of the bill, strike lines 1 through 11 and substitute "injury, or
30 dementia, which either alone or together with a co-occurring mental
31 illness affects the defendant's ability to gain or maintain competency, the
32 evaluator shall provide an opinion as to whether there is a substantial
33 probability that the defendant with restoration services will attain
34 competency within the reasonably foreseeable future. When the opinion
35 is that there is a substantial probability of attaining competency, the
36 evaluator shall specifically state whether the evaluator believes there are
37 unique or different services outside the standard competency restoration
38 curriculum developed by the department that the defendant may need in
39 order to be restored to competency within the reasonably foreseeable
40 future.".".
41
42 Page 4 of the report, after line 10, insert:
43
44 "Page 20 of the bill, strike lines 24 through 27.".
45
46 Page 4 of the report, strike lines 11 through 13.
47
48 Page 4 of the report, before line 14, insert:
49
50 "Page 21 of the bill, strike lines 1 and 2 and substitute "THE EVALUATOR
51 OPINES, PURSUANT TO SECTION 16-8.5-105 (5)(e)(I)(B), OR ANOTHER
52 QUALIFIED EXPERT OPINES THAT THE DEFENDANT'S DIAGNOSIS LIKELY
53 INCLUDES A MODERATE TO SEVERE INTELLECTUAL OR DEVELOPMENTAL
1 DISABILITY, ACQUIRED TRAUMATIC BRAIN INJURY, OR DEMENTIA, WHICH
2 EITHER ALONE OR TOGETHER WITH A CO-OCCURRING MENTAL ILLNESS
3 AFFECTS THE".".
4
5
House Journal, April 20
41 Amendment No. 1, Appropriations Report, dated April 19, 2024, and
42 placed in member's bill file; Report also printed in House Journal,
43 April 19, 2024.
44
45 Amendment No. 2, Judiciary Report, dated January 30, 2024, and placed
46 in member's bill file; Report also printed in House Journal, January 31,
47 2024.
48
49 Amendment No. 3, by Representative Amabile:
50
51 Amend printed bill, page 43, strike lines 7 through 15 and substitute:
52
53 "SECTION 20. Safety clause. The general assembly finds,
54 determines, and declares that this act is necessary for the immediate
55 preservation of the public peace, health, or safety or for appropriations for
1 the support and maintenance of the departments of the state and state
2 institutions.".
3
4 As amended, ordered engrossed and placed on the Calendar for Third
5 Reading and Final Passage.
6
Senate Journal, May 2
After consideration on the merits, the Committee recommends that HB24-1034 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.
Amend reengrossed bill, page 22, line 15, strike "(9)" and substitute "(7)".
Page 23, line 4, strike "(9)," and substitute "(7),".
Page 33, strike lines 24 through 27.
Page 34, strike lines 1 through 20.
Page 34, line 21, strike "(4)" and substitute "(2)".
Page 34, line 25, strike "(9)" and substitute "(7)".
Page 35, line 15, strike "(5)" and substitute "(3)".
Page 35, line 19, strike "(9)" and substitute "(7)".
Page 36, line 10, strike "(6)" and substitute "(4)".
Page 36, line 13, strike "(9)" and substitute "(7)".
Page 36, line 22, strike "(7)" and substitute "(5)".
Page 36, line 22 and 23, strike "(2), (3), (4), (5), AND (6)" and substitute "(2),
(3), AND (4)".
Page 37, line 21, strike "(8)" and substitute "(6)".
Page 38, line 3, strike "(9)" and substitute "(7)".
Page 38, line 18, strike "(10)" and substitute "(8)".
Page 38, line 27, strike "(11)" and substitute "(9)".
Page 39, line 5, strike "(12)" and substitute "(10)".
Page 39, line 8, strike "(13)" and substitute "(11)".
Page 39, strike lines 11 through 15 and substitute:
"(12) [Formerly 16-8.5-116 (14)] On and after July 1, 2020, The court
may, at any time of SHALL, AT AN APPROPRIATE TIME IN the restoration process,
order the department OR THE APPOINTED BRIDGES COURT LIAISON, AS DEFINED
IN SECTION 13-95-102, to provide the court with an appropriate INDIVIDUALIZED
release plan DEVELOPED IN CONJUNCTION WITH ANY NECESSARY COMMUNITY
PROVIDERS OR RESOURCES for the reintegration of the defendant into the
community with appropriate services.".
Page 39, line 16, strike "(15)" and substitute "(13)".
Page 39, line 21, strike "(16") and substitute "(14)".
Page 39, line 24, strike "(2), (3), (4), (5), AND (6)" and substitute "(2), (3), AND
(4)".
Page 40, line 4, strike "(17)" and substitute "(15)".
Page 40, line 9, strike "(18)" and substitute "(16)".
Page 41, after line 20 insert:
"SECTION 17. In Colorado Revised Statutes, 27-65-108.5, amend
(1)(b) as follows:
27-65-108.5. Court-ordered certification for short-term treatment
for incompetent defendants in a criminal matter - contents of petition -
procedure to contest petition - commitment to behavioral health
administration - definition. (1) Upon petition of the district attorney, a
professional person, a representative of the BHA, or a representative of the
office of civil and forensic mental health, a court may certify a person for
short-term treatment for not more than three months under the following
conditions:
(b) The court hearing the criminal matter referred the matter for filing
of a petition pursuant to section 16-8.5-111 or 16-8.5-116 16-8.5-116.5;".
Renumber succeeding sections accordingly.
Page 41, after line 24 insert:
"SECTION 19. Effective date. Section 9 of this act takes effect July
1, 2024.".
Renumber succeeding section accordingly.
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