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--- version:Signed Act+++ version:(document, no version)@@ -1,5939 +1,33 @@-SENATE BILL 26-149-BY SENATOR(S) Amabile and Simpson, Baisley, Ball, Bright, Carson,-Catlin, Gonzales J., Jodeh, Kipp, Kirkmeyer, Kolker, Marchman, Pelton B.,-Pelton R., Rich, Wallace, Zamora Wilson, Coleman;-also REPRESENT ATIVE(S) Caldwell and McCluskie, Bacon, Barron,-Boesenecker, Brown, Camacho, Clifford, Duran, English, Espenoza,-Flanell, Froelich, Garcia, Garcia Sander, Gilchrist, Goldstein, Gonzalez R.,-Hamrick, Hartsook, Jackson, Joseph, Keltie, Lieder, Lindsay, Lukens,-Marshall, Martinez, Mauro, McCormick, Nguyen, Paschal, Phillips, Ricks,-Rutinel, Sirota, Smith, Soper, Stewart K., Stewart R., Story, Suckla,-Taggart, Titone, Valdez, Winter T., Woog.-CONCERNING PATHWAYS FOR INDIVIDUALS WITH MENTAL HEALTH-DISORDERS, AND, IN CONNECTION THEREWITH, MAKING AN-APPROPRIATION.-Be it enacted by the General Assembly of the State of Colorado:-SECTION 1. In Colorado Revised Statutes, amend with relocated-provisions article 8.5 of title 16 as follows:-16-8.5-101. Definitions.-Capital letters or bold & italic numbers indicate new material added to existing law; dashes-through words or numbers indicate deletions from existing law and such material is not part of-the act.-As used in this article 8.5, unless the context otherwise requires:-(1) "BEHAVIORALHEALTHADMINISTRATION" OR "BHA" MEANS THE-BEHA VIORALHEALTH ADMINISTRATION ESTABLISHED IN SECTION 27-60-203.-(2) "CIVIL PROCEEDING" MEANS:-(a) A CIVIL PROCEEDING REGARDING CERTIFICATION FOR-SHORT-TERM TREATMENT PURSUANT TO SECTION 27-65-108.5, 27-65-109,-OR 27-65-109.5;-(b) A CIVIL PROCEEDING TO IMPOSE A LEGAL DISABILITY OR-REMOVAL OF A LEGAL RIGHT PURSUANT TO ARTICLE 10 OF TITLE 25 .5; OR-( c) A CIVIL PROCEEDING FOR A PROTECTIVE PLACEMENT PURSUANT-TO PART 5 OF ARTICLE 10 OF TITLE 25.5.-ffi (3) "Collateral materials" means the relevant police incident-reports and the charging documents, either the criminal information or-indictment.-00 (4) "Competency evaluation" includes both court-ordered-competency evaluations and second evaluations.-ffl (5) "Competency evaluator" means a licensed physician who is-a psychiatrist or a licensed psychologist, each of whom is trained in forensic-competency assessments, or a psychiatrist who is in forensic training and-practicing under the supervision of a psychiatrist with expertise in forensic-psychiatry, or a psychologist who is in forensic training and is practicing-under the supervision of a licensed psychologist with expertise in forensic-psychology.-f41 ( 6) "Competency hearing" means a hearing to determine whether-a defendant is competent to proceed.-t5} (7) "Competent to proceed" means that the defendant does not-have a mental disability or developmental disability that prevents the-defendant from having sufficient present ability to consult with the-defendant's lawyer with a reasonable degree of rational understanding in-order to assist in the defense or THAT prevents the defendant from having-PAGE 2-SENATE BILL 26-149-a rational and factual understanding of the criminal proceedings.-(8) "COUNTY ATTORNEY" MEANS A COUNTY ATTORNEY OR A-QUALIFIEDATTORNEYACTINGFORACOUNTYATTORNEYAPPOINTEDBYTHE-DISTRICT COURT OR, IN ANY COUNTY OR CITY AND COUNTY WITH A-POPULATION EQUAL TO OR LESS THAN FIFTY THOUSAND PEOPLE, THE-DISTRICT ATTORNEY OR QUALIFIED ATTORNEY ACTING FOR THE DISTRICT-ATTORNEY APPOINTED BY THE DISTRICT COURT.-t6J (9) "Court-ordered competency evaluation" means a-court-ordered examination of a defendant either before, during, or after-trial, directed to developing information relevant to a determination of the-defendant's competency to proceed at a particular stage of the criminal-proceeding, that is performed by a competency evaluator and includes-evaluations concerning restoration to competency.-ffl (10) "Court-ordered report" means a report of an evaluation,-conducted by or under the direction of the department CDHS, that is the-statutory obligation of the department CDHS to prepare when requested to-do so by the court.-t8} ( 11) "Criminal proceedings" means trial, sentencing, satisfaction-of the sentence, execution, and any pretrial matter that is not susceptible of-fair determination without the personal participation of the defendant.-ffl (12) "Department" OR "CDHS" means the department of human-services.-t+6} (13) "Developmental disability" means a disability that has-manifested before the person reaches twenty-two years of age OLD,-constitutes a substantial disability to the affected individual PERSON, and is-attributable to an intellectual disability or other neurological conditions-when sueh THE conditions result in impairment of general intellectual-functioning or adaptive behavior similar to that of a person with an-intellectual disability. Unless otherwise specifically stated, the federal-definition of "developmental disability", 42 U.S.C. sec. 15002 (8), shalt-DOES not apply.-ft+) ( 14) "Executive director" means the executive director of the-department of human services.-PAGE 3-SENATE BILL 26-149-(15) "GUARDIAN" MEANS A GUARDIAN APPOINTED FOR THE-DEFENDANT PURSUANT TO ARTICLE 14 OF TITLE 15 OR AN EMERGENCY-GUARDIAN APPOINTEDPURSUANTTOTHISARTICLE 8.5, ARTICLE65 OF TITLE-27, OR ARTICLE 10 OF TITLE 25 .5.-(16) "DEPARTMENT OF HEALTH CARE POLICY AND FINANCING" OR-"HCPF" MEANS THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING-CREATED IN SECTION 24-1-119.5.-ftz} ( 17) "Incompetent to proceed" means that, as a result of a-mental disability or developmental disability, the defendant does not have-sufficient present ability to consult with the defendant's lawyer with a-reasonable degree of rational understanding in order to assist in the defense,-or that, as a result of a mental disability or developmental disability, the-defendant does not have a rational and factual understanding of the criminal-proceedings.-f-l--3} (18) "In-custody" means in prison, in a jail, or in any other-locked detention facility that does not meet the definition of "inpatient".-ft47 (19) "Inpatient" means in the custody of the department CDHS,-either in a hospital or in a full-time, jail-based restoration program-developed by the department CDHS.-(20) "INPATIENT CARE AT THE DISCRETION OF CDHS" MEANS-PLACEMENT AT A FACILITY:-(a) WHERE THE PERSON IS REQUIRED TO RESIDE AND IS NOT-PERMITTED TO LEAVE UNLESS ACCOMPANIED AND SUPERVISED BY STAFF;-(b) THAT AGREES TO SUPERVISE THE PERSON, THAT AGREES TO TAKE-APPROPRIATE MEASURES TO ENSURE THE PERSON COMPLIES WITH ANY-COURT ORDERS, AND THAT HAS PROCEDURES IN PLACE THAT WOULD RESULT-IN A TIMELY REPORT TO THE COURT, LICENSING AUTHORITIES, AND LAW-ENFORCEMENT IF THE PERSON ABSCONDED WITHOUT PERMISSION;-(c) WHERE A PROFESSIONAL PERSON, AS DEFINED IN SECTION-27-65-102, WHO IS EMPLOYED BY OR CONTRACTED WITH CDHS, BHA, OR-HCPF, ATTESTS THAT THE FACILITY IS MEDICALLY APPROPRIATE AND-SUFFICIENTLY PROTECTS VICTIMS AND THE COMMUNITY FROM THE-PAGE 4-SENATE BILL 26-149-SUBSTANTIAL RISK OF HARM POSED BY THE PERSON; AND-( d) THAT IS OPERA TED BY, OR HAS CONTRACTED WITH, CDHS, BHA,-OR HCPF TO PROVIDE SERVICES FOR CDHS, BHA, OR HCPF.-ft-51 (21) "Mental disability" means a substantial disorder of-thought, mood, perception, or cognitive ability that results in marked-functional disability, significantly interfering with adaptive behavior.-"Mental disability" does not include acute intoxication from alcohol or other-substances, or any condition manifested only by antisocial behavior, or any-substance abuse impairment resulting from recent use or withdrawal.-However, substance abuse that results in a long-term, substantial disorder-of thought, mood, or cognitive ability may constitute a mental disability.-ft-61 (22) "Outpatient" means a location outside of the custody of the-department CDHS. "Outpatient" does not include a jail, prison, or other-detention facility where the defendant is in-custody.-(23) "RESTORABLE" MEANS THERE IS A SUBSTANTIAL PROBABILITY-THAT A DEFENDANT, WITH RESTORATION SERVICES, WILL ATTAIN-COMPETENCY IN THE REASONABLY FORESEEABLE FUTURE.-(24) "RESTORABILITY" MEANS THE LEGAL QUESTION OF WHETHER A-DEFENDANT IS RESTORABLE OR UNRESTORABLE.-(25) "RESTORABILITY HEARING" MEANS A HEARING TO DETERMINE-WHETHER A DEFENDANT WHO IS INCOMPETENT TO PROCEED IS RESTORABLE-OR UNRESTORABLE.-fl-91 (26) "Restoration hearing" means a hearing to determine-whether a defendant who has previously been determined to be incompetent-to proceed has become competent to proceed.-t+8, (27) "Second evaluation" means an A COMPETENCY evaluation-requested by the court, the district attorney, or the defendant that is-performed by a competency evaluator and that is not performed by or under-the direction of, or paid for by, the department CDHS.-tf-9} (28) "Tier 1" means a defendant:-PAGE 5-SENATE BILL 26-149-(a) Who has been ordered to receive inpatient restorative treatment-RESTORATION SERVICES;-(b) For whom a competency evaluator has determined either that the-defendant:-(I) Appears to have a mental health disorder and, as a result of the-mental health disorder, appears to be a danger to THE DEFENDANT'S SELF, A-DANGER TO others, or to himself or herself or appears to be gravely-disabled; or-(II) Has a mental health disorder; and-( c) For whom, as a result of the determination made pursuant to-subsection ( 19)(1,J SUBSECTION (28)(b) of this section, delaying inpatient-hospitalization beyond seven days would cause harm to the defendant or-others.-fz07 (29) "Tier 2" means a defendant who has been ordered to-receive inpatient restmative treatment RESTORATION SERVICES and who-does not meet the criteria to be a tier 1 defendant.-(30) "UNRESTORABLE" MEANS THERE IS NOT A SUBSTANTIAL-PROBABILITY THAT A DEFENDANT, WITH RESTORATION SERVICES, WILL-ATTAIN COMPETENCY IN THE REASONABLY FORESEEABLE FUTURE.-(31) "VOLITIONAL LACK OF COOPERATION OR UNWILLINGNESS TO-PARTICIPATE" MEANS THE DEFENDANT HAS NOT ATTENDED RESTORATION-SERVICES OR THE DEFENDANT REFUSES TO TAKE PRESCRIBED MEDICATIONS,-ESPECIALLY WHEN THE DEFENDANT INTENDS TO A VOID OR DELAY THE COURT-CASE FROM PROCEEDING. "VOLITIONAL LACK OF COOPERATION OR-UNWILLINGNESSTOPARTICIPATE"DOESNOTINCLUDEACTSTHATPRIMARILY-RESULT FROM THE BONA FIDE MEDICAL OR MENTAL HEALTH DISORDER FOR-WHICH THE DEFENDANT IS INCOMPETENT OR A DEFENDANT'S ATTEMPT TO-RAISE A BONA FIDE GOOD FAITH CONCERN ABOUT MEDICATION SIDE EFFECTS-AND RISKS.-16-8.5-102. Competency to proceed - how and when raised.-( 1) While a defendant is incompetent to proceed, the defendant must-PAGE 6-SENATE BILL 26-149-not be tried or sentenced, nor shall the court consider or decide pretrial-matters that are not susceptible of fair determination without the personal-participation of the defendant. However, a determination that a defendant-is incompetent to proceed does not preclude the furtherance of the-ADDITIONAL proceedings by the court to consider and decide matters,-including a preliminary hearing and motions, that are susceptible of fair-determination prior to trial and without the personal participation of the-defendant. Those proceedings may be later reopened if, in the discretion of-the court, substantial new evidence is discovered after and as a result of the-defendant's restoration to competency.-(2) The question of a defendant's competency to proceed must be-raised in only one of the following manners:-(a) If the judge has reason to believe that the defendant is-incompetent to proceed, the judge shall suspend the proceeding and-determine the competency or incompetency of the defendant pursuant to-section 16-8.5-103;-(b) If either the defense or the prosecution has reason to believe that-the defendant is incompetent to proceed, either party may file a motion in-advance of the commencement of the particular proceeding. A motion to-determine competency shalt MUST be in writing and contain a certificate of-counsel stating that the motion is based on a good faith doubt that the-defendant is competent to proceed. The motion must set forth the specific-facts that have fom1ed the basis for the motion. The court must SHALL seal-the motion. If the motion is made by the prosecution, the prosecution shall-provide the defense a copy of the motion. If the motion is made by the-defense, the defense shall provide the prosecution notice of the filing of the-motion at the time of filing, and if the defense requests a hearing, the-defense shall provide the motion to the prosecution at the time the hearing-is requested. The motion may be filed after the commencement of the-proceeding if, for good cause shown, the defendant's mental disability or-developmental disability was not known or apparent before the-commencement of the proceeding.-(c) Repealed.-td} ( c) By the public defender liaison, as described in section-21-1-104 ( 6), or an attorney representing the offender in a parole-PAGE 7-SENATE BILL 26-149-proceeding.-(3) [Formerly 16-8.5-109 (l)] When a determination is to be made-as-to a defendant's eonipeteney THE ISSUE OF WHETHER A DEFENDANT IS-INCOMPETENT to proceed IS RAISED, the court shall explain to the defendant-the nature and consequences of the proceeding and the DEFENDANT'S rights-of the defendant under this section. The defendant, PURSUANT TO SECTION-16-8.5-108 (2) AND (3). If the defendant wishes to contest the question, THE-DEFENDANT may request a competency hearing that the court shall grant as-a matter of right.-ffl (4) Notwithstanding any pro"Vision of this article 8.5, to the-contrary; the question of whether a convicted person is mentally-incompetent to be executed must be raised and determined pursuant to part-14 of article 1.3 of title 18.-t41 (5) If a defendant is eligible for referral to the bridges-wraparound care program pursuant article 8.6 of this title 16, the court may-ask the parties whether the defendant should be referred for participation in-the program. With the agreement of the parties, the court may delay making-determinations regarding the defendant's competency to allow a bridges-wraparound care coordinator to conduct an initial intake of the defendant-pursuant to section 16-8.6-108 to determine whether the bridges-wraparound care program is appropriate for the defendant.-16-8.5-103. Determination of competency to proceed.-(1) (a) Whenever the question of a defendant's competency to-proceed is raised, by either party or on the court's own motion, the court-may make a preliminary finding of competency or incompetency to proceed,-which is a final determination unless a party to the case objects within seven-days after the court's preliminary finding.-(b) On or before the date when a court orders that a defendant be-evaluated for competency, a bridges court liaison for the district hired or-contracted pursuant to article 95 of title 13 may be assigned to the-defendant.-(2) If either party objects to the court's preliminary finding, or if the-court determines that it has insufficient information to make a preliminary-PAGE 8-SENATE BILL 26-149-finding, the court shall order that the defendant be evaluated for-competency by the department CDHS and that the department CDHS-prepare a court-ordered report.-(3) Within f-ourteen days afte1 1eceipt of the court-01de1ed 1eport,-eithe1 party may 1equest a heating 01 a second evaluation.-(4) Ifa party 1equests a second evaluation, any pending 1equests f-o1-a heating must be continued until the I eeeipt of the second evaluation-1eport. The 1eport of the expert conducting the second evaluation must be-completed and filed with the court within thirty-five days afte1 the court-01 de1 allowing the second evaluation, unless the time pet iod is extended by-the court f-o1 good cause. The court shall prn'1ide the second evaluation to-the pat ties and the department. The depa1 tinent shall use the second-evaluation to ensme that the department complies with its 1esponsibilities,-including 1eviewing and summadzing ptim competency opinions as-1equiied by section 16-8.5-105 (5)(f). If the second evaluation is 1equested-by the court, it must be paid f-o1 by the court.-t5} (3) If neither party requests a hearing PURSUANT TO SECTION-16-8.5-108 or a second evaluation PURSUANT TO SECTION 16-8.5-111,-within the applicable time frame, the court shall enter a final determination,-based on the information then available to the court, whether the defendant-is or is not competent to proceed.-(6) If a party makes a tinrely I equest f-ot a heating, the heating shall-be held within thirty-five days after the request f-ot a heating 01, if-applicable, within thirty-five days afte1 the filing of the second evaluation-1eport, unless the time is extended by the court afte1 a finding of good-cause.-(7) At any heating held pm suant to this section, the party asserting-the incompetency of the defendant shall have the burden of submitting-evidence and the bmden ofprnofby a ptepondeiance of the evidence.-t8) ( 4) If the question of the defendant's incompetency to proceed-is raised after a jury is impaneled to try the issues raised by a plea of not-guilty and the court determines that the defendant is incompetent to proceed-or orders a court-ordered competency evaluation, the court may declare a-mistrial. Declaration of a mistrial under these circumstances does not-PAGE 9-SENATE BILL 26-149-constitute jeopardy, nor does it prohibit the trial or sentencing of the-defendant for the same offense after the defendant has been found restored-to competency.-t9} ( 5) In all proceedings ttnder BROUGHT PURSUANT TO this article-8.5, when competency has been raised by the parole board pursuant to-section 16-8.5-102 (2)(d) SECTION 17-22.5-403.5 (4)(f), the court shall pay-for any evaluation to determine competency pursuant to this section, and the-COMPETENCY evaluation must be conducted at the place where the-defendant is in custody.-16-8.5-104. Defendant's waiver of privilege.-( 1) When a defendant raises the issue of competency to proceed, or-when the court determines that the defendant is incompetent to proceed, any-claim by the defendant to confidentiality or privilege is deemed waived in-the case in which competency is raised and for records or information from-any prior criminal case in which the defendant raised the issue of-competency or in which the court determined that the defendant was-incompetent to proceed. The district attorney, the defense attorney, the-bridges court liaison, and the court are granted access, without written-consent of the defendant or further order of the court, to:-(a) Reports of competency evaluations, including second-evaluations;-(b) Information and documents relating to the competency-evaluation that are created by, obtained by, reviewed by, or relied on by an-A COMPETENCY evaluator; pe1f-o1ming a court-ordered evaluation, and-(c) The COMPETENCY evaluator, for the purpose of discussing the-competency evaluation.-(2) Upon a request by either party or the court for the information-described in subsection ( 1) of this section, the COMPETENCY evaluator or-treatment provider shall provide the information for use in preparing for a-COMPETENCY hearing, on competency RESTORABILITY HEARING, or-restoration HEARING and for use during such a THE hearing.-(3) An e v aluatm m a facility pt o v iding competency evaluation or-PAGE IO-SENATE BILL 26-149-restoration treatment services CDHS, A COMPETENCY EVALUATOR, OR A-RESTORATION SERVICE PROVIDER THAT IS PERFORMING WORK pursuant to a-court order issued pursuant to this article 8.5 shall provide procedural-information to the court, bridges court liaison, district attorney, or defense-counsel concerning the defendant's location, the defendant's hospital or-facility admission status, the status of ANY COMPETENCY evaluation-procedures, and other procedural inforination relevant to the case THE-STATUS OF ANY RESTORATION SERVICES.-( 4) Nothing in This section limits DOES NOT LIMIT the court's ability-to order that information, in addition to the information described in-subsections ( 1) and (3) of this section, be provided to the COMPETENCY-evaluator, or to either party to the case, nor does it limit the information that-is available after the written consent of the defendant.-f4:51 (5) The court may, upon the request of either party, issue an-order to assist a party in accessing, receiving copies of, or discussing with-an A COMPETENCY evaluator or treatment provider information or records-that the party has the right to access pursuant to the defendant's waiver of-privilege. If a party requests such an order, the court shall allow the-opposing party to make any legal objection, including whether the requested-information is within the scope of the defendant's waiver of privilege, and-SHALL consider any requests for protective orders prior to issuing the court-order. This section does not limit the court's ability to order information be-provided to a party with the written consent of the defendant.-t5} ( 6) The court shall order both the prosecutor and the defendant-or the defendant's counsel to exchange the names, addresses, reports, and-statements of each physician or psychologist who has examined or treated-the defendant for competency.-t6J (7) Statements made by the defendant in the course of any-COMPETENCY evaluation must be protected in accordance with section-16-8.5-108 SECTION 16-8.5-107.-16-8.5-105. Competency evaluations, locations, time frames, and-report.-(1) (a) (I) The court shall order that the competency evaluation be-conducted on an outpatient basis or, if the defendant is unable to post the-PAGE I I-SENATE BILL 26-149-monetary condition of bond or is ineligible to be released on bond, at the-place where the defendant is in-custody, except as provided in subsection-( 1 )(b) of this section. WHEN THE COURT ORDERS A COMPETENCY-EVALUATION, THE COURT SHALL ALSO ORDER THE APPROPRIATE PARTY TO-TRANSMIT THE COLLATERAL MATERIALS TO CDHS WITHIN TWO BUSINESS-DAYS AFTER THE ORDER FOR A COMPETENCY EVALUATION, WITH A-CERTIFICATE OF SERVICE OF THE COLLATERAL MATERIALS PROVIDED TO THE-COURT AND OTHER NECESSARY PARTIES. IF THE PARTIES ARE-COMMUNICATING WITH THE COURT BY ELECTRONIC MEANS AND THE ORDER-FOR A COMPETENCY EVALUATION IS ISSUED BY ELECTRONIC MEANS, CDHS-SHALL ACCEPT THE ORDER BY THE SAME ELECTRONIC MEANS.-(II) If the department CDHS conducts the COMPETENCY evaluation-on an in-custody basis, the department CDHS shall begin the COMPETENCY-evaluation as soon as practicable, BUT SHALL COMPLETE THE COMPETENCY-EVALUATION NO LATER THAN TWENTY-ONE DAYS after the department's-receipt of a RECEIVING THE COLLATERAL MATERIALS AND court order-directing the COMPETENCY evaluation If the evaluation is conducted on an-in-custody basis, the department shall complete the evaluation no later than-twenty-one days after receipt of the order and the collateral materials BE-COMPLETED.-(Ill) If CDHS CONDUCTS the COMPETENCY evaluation is conducted-on an out-of-custody basis, the departnrent CDHS shall complete the-COMPETENCY evaluation within forty-two days after receipt of the order and-THE collateral materials, unless the court extends the time upon a showing-of good cause. THE COURT SHALL DETERMINE THE TYPE OF BOND AND THE-CONDITIONS OF RELEASE AFTER CONSIDERATION OF THE PRESUMPTIONS AND-FACTORS ENUMERATED IN ARTICLE 4 OF THIS TITLE 16, WHICH INCLUDE-CONSIDERATION OF THE INFORMATION RECEIVED FROM ANY PRETRIAL-SERVICES PROGRAM PURSUANT TO SECTION 16-4-106 AND ANY-INFORMATION PROVIDED BY THE BRIDGES COURT LIAISON HIRED OR-CONTRACTED PURSUANT TO ARTICLE 95 OF TITLE 13. AS A CONDITION OF-ANY BOND, THE COURT SHALL REQUIRE THE DEFENDANT'S COOPERATION-WITH THE COMPETENCY EVALUATION ON AN OUTPATIENT BASIS. IN SETTING-THE BOND, THE COURT SHALL NOT CONSIDER THE NEED FOR THE DEFENDANT-TO RECEIVE AN EVALUATION PURSUANT TO THIS ARTICLE 8.5 AS A FACTOR-IN DETERMINING ANY MONETARY CONDITION OF BOND.-(II) At the time any evaluation is ordered, the court shall order that-PAGE 12-SENATE BILL 26-149-the collate1 al inate1 ials be t1 ansmitted to the department within tw ency-four-hom s after the 01 de1 by the appt opt iate party with a certificate of se1 vice of-the matetials p10 v ided to the court and othet necessary parties by the party-01de1ed to t1ansinit the collate1al mate1ials.-(111) The court shall determine the type of bond and the conditions-of I elease aftet consideration of the pt esumptions and factors enume1 ated-in article 4 of this title 16, which include consideration of the info1mation-received fi:om any p1ettial set vices p10gram pmsuant to section 16-4-106-and any information p10vided by the btidges court liaison hired 01-contracted pmsuant to article 95 of title 13. As a condition of any bond, the-court shall requite the defendant's cooperntion with the competency-evaluation on an outpatient and out-of-custody basis. In setting the bond,-the court shall not considet the need fut the defendant to 1 eceiv e an-evaluation pmsuant to this article 8.5 as a factor in determining any-monetary condition of bond.-(IV) Nothing in This subsection ( 1 )(a) limits the av ail ability of DOES-NOT LIMIT A PERSON'S ABILITY TO SEEK a court-ordered evaluation for a-person with a mental health disorder or invokes TO INITIATE the procedure-for an emergency mental health hold set forth in PURSUANT TO section-27-65-106.-(b) (I) Notwithstanding the p10\jisions of subsection (l)(a) of this-section, the court may order the defendant placed in the department's-CDHS's custody for the time necessary to conduct the AN inpatient-competency evaluation if:-ffl (A) The department CDHS provides a recommendation to the-court, after consultation CONSULTING with the defendant and teview of-REVIEWING any clinical or collateral materials, that conducting the-competency evaluation on an inpatient basis is clinically appropriate;-tH} (B) The court finds that the competency evaluation and report-provided by the department CDHS is insufficient because it does not meet-statutory requirements pursuant to subsection (5) of this section or that two-or more conflicting competency evaluations and reports have been-completed; or-tHI} (C) Extraordinary circumstances relating to the case or the-PAGE 13-SENATE BILL 26-149-defendant make conducting the competency evaluation on an inpatient basis-necessary and appropriate.-(IV) and (V) (Deleted b' amendment, L. 2019.)-tb:3-} (11) Upon entry of a court order pursuant to subsection (lJfbJ-SUBSECTION (1 )(b )(I) of this section, the department CDHS has the same-authority with respect to custody as provided for in section 16-8-105.5 (4).-(b:5-) (III) When the court orders an inpatient COMPETENCY-evaluation, the court shall advise the defendant that restoration services may-commence immediately if the COMPETENCY evaluation concludes OPINES-that the defendant is incompetent to proceed, unless either party objects at-the time of the advisement, or within seventy-two hours after the receipt of-the written REPORT OF THE COMPETENCY evaluation submitted to the court.-The court shall record any objection to the order of commitment to the-dcpartnrcnt CDHS.-(b.6) lfthc c~aluatot concludes that the defendant is incompetent to-prncccd and that inpatient t cstot ation set vices at c not clinican, apprnptiatc,-the department shall detail the outpatient and out-of-custoci, t cstot ation-sci vices a~ ailablc to the defendant.-tb:1} (IV) When the court orders an inpatient COMPETENCY-evaluation, the defendant must be offered admission to the hospital or other-inpatient program within fourteen days after receipt of the court order and-collateral materials. The court shall review the case in twenty-one days to-determine if transportation to the hospital or program has been completed-or if further orders are necessary.-(c) (Deleted b, amendment, L. 2019.)-(c) [Formerly 16-8.5-105 (l)(b.6)] If the COMPETENCY evaluator-concludes OPINES that the defendant is incompetent to proceed and that-inpatient restoration services are not clinically appropriate, the department-CDHS shall detail the outpatient and out-of-custoci, restoration services-available to the defendant.-(d) (I) If a defendant is in the department's CDHS's custody for-purposes of the competency evaluation ordered pursuant to this article 8.5-PAGE 14-SENATE BILL 26-149-and the defendant has completed the competency evaluation and the-COMPETENCY evaluator has concluded OPINED that:-(A) The defendant is competent to proceed, the department CDHS-may return the defendant to a county jail or to the community, as-determined by the defendant's bond status; If the evaluatot has concluded-that-(B) The defendant is incompetent to proceed and that inpatient-restoration services are not clinically appropriate, and outpatient restoration-services are available to the defendant in the community, the department-CDHS shall notify the court and the bridges court liaison BY ELECTRONIC-MEANS, and the department CDHS shall develop a discharge plan and a plan-for community-based restoration services in coordination with the-community restoration services provider.-(II) The court shall hold a hearing within seven days after receiving-the notice PURSUANT TO SUBSECTION (l)(d)(l)(B) OF THIS SECTION, at which-the department CDHS shall provide to the court the plan for-community-based restoration services, and the court may enter any-appropriate orders regarding the custody of the defendant and the-defendant's bond status. The department CDHS shall advise the defendant-of the date and time of the court hearing. If the department CDHS is-returning the defendant to a county jail, the county sheriff in the jurisdiction-where the defendant must return shall take custody of the defendant within-seventy-two hours after receiving notification from the department CDHS-that the defendant's COMPETENCY evaluation is completed. At the time the-department CDHS notifies the sheriff, the department CDHS shall also-notify the court and the bridges court liaison that the department CDHS is-returning the defendant to the custody of the jail.-( e) Nothing in This section t estt iets DOES NOT RESTRICT the right of-the defendant to procure a competency evaluation as ptovided in section-16-8.5-106 AT THE DEFENDANT'S REQUEST PURSUANT TO SECTION-16-8.5-111 (1).-(2) The defendant shalt MUST cooperate with the competency-evaluator and with other personnel providing ancillary services such as-testing and radiological services. Statements made by the defendant in the-course of the COMPETENCY evaluation shall be ARE protected as provided-PAGE 15-SENATE BILL 26-149-m section 16-8.5-108 SECTION 16-8.5-107. If the defendant does not-cooperate with the competency evaluator and other personnel providing-ancillary services and the lack of cooperation is not the result of a-developmental disability or a mental disability, the fact of the defendant's-noncooperation with the competency evaluator and other personnel-providing ancillary services may be admissible in the defendant's-competency HEARING, RESTORABILITY HEARING, or restoration hearing to-rebut any evidence introduced by the defendant with regard to the-defendant's competency.-(3) To aid in forming an opinion as to the conipctcncy of the-defendant DEFENDANT'S COMPETENCY, it is permissible in the course of an-A COMPETENCY evaluation under PURSUANT TO this section to use THE-DEFENDANT'S confessions and admissions of the defendant and any other-evidence of the circumstances surrounding the commission of the offense,-as well as the DEFENDANT'S medical and social history, of the defendant in-questioning the defendant. When the defendant is noncooperative with the-competency evaluator or personnel providing ancillary services, THE-COMPETENCY EVALUATOR MA y RENDER an opinion of the DEFENDANT'S-competency ofthc defendant may be rendered by the competency evaluator-based upon confessions, admissions, and any other evidence of the-circumstances surrounding the commission of the offense, as well as the-DEFENDANT'S known medical and social history, of the defendant, and the-opinion may be admissible into evidence at the defendant's competency or-restoration hearing.-( 4) THE COMPETENCY EVALUATOR SHALL PREPARE a written report-of the COMPETENCY evaluation, must be pr cpared and the department CDHS-shall electronically deliver the report to the court clerk who ordered it. The-clerk shall provide a copy of the report to the prosecuting attomcy, the-br idgcs court liaison, and the defense-counsel using an c-filing system AS-ORDERED USING AN E-FILJNG SYSTEM RECORD IN THE MA TIER. Without-reducing any other timelines set forth in this article 8.5, the competency-evaluator shall provide the written report to the court within fourteen days-after finishing meeting, or attempting to meet, with the defendant to-evaluate the defendant's competency.-(5) The competency evaluation and report must include, but need-not be ARE NOT limited to:-PAGE 16-SENATE BILL 26-149-(a) The name of each physician, psychologist, or other expert who-examined the defendant;-(b) A description of the nature, content, extent, and results of the-competency evaluation and any tests conducted, which must include, but-need not be IS NOT limited to, the information reviewed and relied upon in-conducting the competency evaluation and specific tests conducted by the-competency evaluator;-(c) A diagnosis and pt ognosis of the defendant's mental disability-01 developmental disability,-td1 ( C) An THE COMPETENCY EVALUATOR'S opinion as to whether the-defendant currently suffers from a mental disability or developmental-disability, OR BOTH. If the opinion of the competency evaluator is that the-defendant suffers from a mental disability or developmental disability, then-the report must include an opinion as to the diagnosis and the prognosis of-the defendant's mental disability or developmental disability.-tCJ ( d) An THE COMPETENCY EVALUATOR'S opinion as to whether the-defendant is competent to proceed or incompetent to proceed. If the opinion-oftl cc competency c valuator is that the defendant is incompetent to proceed,-then the report must include:-(I) (A) An THE COMPETENCY EVALUATOR'S opinion as to whether-there is a substantial probability that the defendant, with restoration-set vices, will attain competency within the reasonably f-orcsccable futmc,-and THE DEFENDANT IS RESTORABLE OR UNRESTORABLE. AS PART OF-FORMING THE OPINION, THE COMPETENCY EVALUATOR SHALL USE DUE-DILIGENCE IN REVIEWING AND SUMMARIZING ANY PRIOR COMPETENCY-OPINIONS REGARDING THE DEFENDANT. IF THE OPINION REGARDING-RESTORABILITY DIFFERS FROM OPINIONS IN PAST EVALUATIONS OF THE-DEFENDANT, THE COMPETENCY EVALUATOR SHALL EXPLAIN THE BASIS FOR-THE COMPETENCY EVALUATOR'S DIFFERING OPINIONS.-(B) THE COMPETENCY EVALUATOR'S OPINION AS TO WHETHER THE-DEFENDANT POSES A SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS, AS-DEFINED IN SECTION 27-65-102, IF THE OPINION IS THAT THE DEFENDANT IS-UNRESTORABLE AND THE DEFENDANT IS EITHER CHARGED WITH HOMICIDE-PURSUANT TO PART 1 OF ARTICLE 3 OF TITLE 18; A CRIME OF VIOLENCE, AS-PAGE 17-SENATE BILL 26-149-DEFINED IN SECTION 18-1.3-406 (2); OR A FELONY THAT CONSTITUTES-UNLAWFUL SEXUAL BEHAVIOR, AS DEFINED IN SECTION 16-22-102; OR THE-DISTRICT ATTORNEY PROVIDED NOTICE THAT THE DISTRICT ATTORNEY IS-A WARE OF AN ACT DESCRIBED IN SECTION 16-8 .5-118 ( 6)(b )(I) THAT IS NOT-CHARGED IN THE CURRENT CASE THE DEFENDANT IS ALLEGED TO HA VE-COMMITTED AND IS OR WAS CHARGED IN A CRIMINAL CASE IN COLORADO IN-WHICH COMPETENCY WAS RAISED.-tB} (C) If possible, when the defendant is diagnosed with a-moderate to severe intellectual 01 developmental disability acquit cd 01-traumatic brain injury' OI dementia OR A NEUROCOGNITIVE DISORDER, AS-DEFINED IN SECTION 25.5-10-501, which either alone or together with a-co-occurring mental illness DISABILITY affects the defendant's ability to gain-or maintain competency, the cvaluato1 shall prn\Jidc an opinion as to-w hcthct thct c is a substantial pt obability that the defendant with I cstoi ation-set vices will attain competency within the 1easonably fmeseeable futme.-When AND the opinion is that thete is a substantial ptobability of attaining-competency THE DEFENDANT IS RESTORABLE, the COMPETENCY evaluator-shall specifically state whether the COMPETENCY evaluator believes there-are unique or different services outside the standard competency restoration-curriculum developed by the department CDHS that the defendant may need-in order to be restored to competency within the reasonably foreseeable-future.-(JI) An IF THE COMPETENCY EVALUATOR'S OPINION PURSUANT TO-SUBSECTION (5)(d)(I)(A) OF THIS SECTION IS THAT THE DEFENDANT IS-RESTORABLE, AN opinion as to whether inpatient restoration services are-clinically appropriate to restore the defendant to competency.-(f) An opinion as to whethet thetc is a substantial prnbabilicy that-the defendant, with I cstot ation set vices, will attain competency within the-reasonably futeseeable futme. As part of futming theh opinion, the-competency evaluato1 shall use due diligence in the tevicw and summary of-any ptiot competency opinions 1ega1ding the defendant. If the competency-evaluatot's opinion 1ega1ding 1cstorabilicy diffcts from opinions in past-evaluations of the defendant, the competency e v aluatot shall explain the-basis fm theiI diffe1cnt opinion.-fg} ( e) The competency evaluator's opinion as to whether the-defendant meets the criteria for a tier-I TIER 1 or tier-ff TIER 2 designation;-PAGE 18-SENATE BILL 26-149-as defined in section 16-8.5-101 (19) and (20), and-th} (f) The competency evaluator's opinion and the information and-factors considered in making determinations as to whether the defendant:-(I) Meets the criteria for an emergency mental health hold pursuant-to section 27-65-106;-(II) Meets the criteria for a certification for short-term treatment-pursuant to section 27-65-108.5 or 27-65-109 and, if the defendant meets-such THE criteria, whether the COMPETENCY evaluator believes the-defendant could be treated on an outpatient basis pursuant to section-27-65-111. IF THE DEFENDANT IS INCARCERATED OR IS INPATIENT IN A-MEDICAL FACILITY AND HAS A PENDING CRIMINAL CHARGE, in assessing-whether the defendant with a pending criminal charge is a danger to self or-THE DEFENDANT'S SELF, A DANGER TO others, or is gravely disabled, ifthe-person is incar CCI ated AS THOSE TERMS ARE DEFINED IN SECTION 27-65-102,-the COURT, competency evaluator, or professional person, as defined in-section 27-65-102, and the court shall not rely on the fact that the defendant-is incarcerated or is an inpatient in a medical facility to establish that the-defendant is not a danger to self, or to others, or is not OR gravely disabled.-Ifit is the COMPETENCY evaluator's opinion that the defendant meets criteria-for certification for short-term treatment pursuant to section 27-65-108.5 or-27-65-109, the COMPETENCY evaluator is not required to request a petition-for certification for short-term treatment of the defendant. in a court with-jmisdiction pmsuant to section 16-8.5-111 (3).-(III) Has an intellectual and developmental disability, as defined in-section 25.5-10-202, and if the defendant does have sueh-a AN-INTELLECTUAL AND DEVELOPMENT AL disability:-(A) Whether the defendant ALSO HAS A MENTAL HEALTH DISORDER,-AS DEFINED IN SECTION 27-65-102, AND, IF THE DEFENDANT DOES HA VE A-CO-OCCURRING INTELLECTUAL AND DEVELOPMENTAL DISABILITY AND A-MENTAL HEALTH DISORDER, THE PRIMARY DIAGNOSIS, IF DETERMINABLE;-AND-(B) WHETHER THE DEFENDANT may be eligible for any additional-services pursuant to article 10 of title 25.5 or article 10.5 of title 27, OR MAY-MEET THE CRITERIA FOR A CIVIL PROCEEDING; OR-PAGE 19-SENATE BILL 26-149-(IV) HAS A NEUROCOGNITIVE DISORDER, AS DEFINED IN SECTION-25.5-10-501, AND IF THE DEFENDANT DOES HAVE A NEUROCOGNITIVE-DISORDER, WHETHER THE DEFENDANT ALSO HAS A MENTAL HEALTH-DISORDER, AND WHETHER THE DEFENDANT MAY MEET THE CRITERIA FOR-PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-502. IF THE-COMPETENCY EVALUATOR'S OPINION IS THAT THE DEFENDANT MAY MEET-THE CRITERIA FOR PROTECTIVE PLACEMENT, THE COMPETENCY EVALUATOR-IS NOT REQUIRED TO PETITION THE COURT FOR PROTECTIVE PLACEMENT.-(g) WHEN THE COMPETENCY EVALUATOR HAS REASON TO BELIEVE-THE DEFENDANT HAS A NEUROCOGNITIVE DISORDER, AS DEFINED IN SECTION-25.5-10-501, ORA DEVELOPMENTAL DISABILITY:-(I) THE COMPETENCY EVALUATOR'S OPINION AS TO WHETHER-DIAGNOSTIC TESTING EXISTS BEYOND WHAT THE COMPETENCY EVALUATOR-CAN PERFORM THAT IS NECESSARY TO PROVIDE AN OPINION AS TO WHETHER-THE DEFENDANT IS INCOMPETENT TO PROCEED OR RESTORABLE; AND-(II) THE COMPETENCY EVALUATOR'S OPINION AS TO THE-DEFENDANT'S PRIMARY DIAGNOSIS AND PROGNOSIS.-(6) Whenever a competency evaluation is ordered upon the request-of either party, the court may SHALL notify the county attorney or district-att01 ney required to conduct proceedings pursuant to section 27-65-113 (6)-SECTION 27-65-113 .5 for the county in which the charges are pending, and-the bridges court liaison hired or contracted pursuant to article 95 of title 13,-of all court dates for return of the COMPETENCY EVALUATION report. on-competency to ensure that all parties a1 e on notice of the expected need for-eoordinated sel'\7ices and planning with consideration of possible civil-certification.-(7) Each court shall allow for any competency evaluation conducted-pursuant to the provisions of this section or section 16-8.5-106 THIS-ARTICLE 8.5 to be submitted to the court through electronic means,-INCLUDING THROUGH AN E-FILING SYSTEM IF THE ORDER FOR THE-COMPETENCY EVALUATION IS ISSUED TO CDHS THROUGH AN E-FILING-SYSTEM.-(8) A competency evaluator is not liable for damages in any civil-action for failure to warn or protect a specific person or persons, including-PAGE 20-SENATE BILL 26-14-9-those identifiable by their association with a specific location or entity,-against the violent behavior of a defendant being evaluated by the-competency eyaluator, and any THE competency evaluator must not be held-civilly liable for failure to predict Stteh violent behavior, except where-WHEN the defendant has communicated to the competency evaluator a-serious threat of imminent physical violence against a specific person or-persons, including those identifiable by their association with a specific-location or entity.-16-8.5-106. [Formerly 16-8.5-112] Petition for involuntary-administration of medication - venue for collateral hearing.-( 1) If a defendant committed to the custody of the department CDHS-for A COMPETENCY evaluation, or for restoration treatment SERVICES, meets-the constitutional requirements for the administration of involuntary-medication, the defendant's treating physician may petition the court for an-order requiring that the defendant accept the treatment MEDICATION or,-alternatively, that the medication be forcibly administered to the defendant.-The department CDHS shall, prior to the hearing on the petition, deliver a-copy of the petition to the court that committed the defendant to the custody-of the department CDHS, the prosecuting attorney, and the defendant's legal-representation in the criminal case, if sueh LEGAL representation exists, and-to the defendant directly if the defendant does not have legal representation.-A physician shall assess and document the defendant's mental status prior-to the administration of medication.-(2) A petition fut involuntary treatment must be heard in The court-of the jurisdiction where the defendant is located The-department SHALL-HEAR A PETITION FOR INVOLUNTARY MEDICATION. CDHS shall promptly-deliver a copy of the order granting or denying the petition to the court that-committed the defendant to the custody of the department CDHS, the-prosecuting attorney, and the defendant's legal representation in the criminal-case, if sueh LEGAL representation exists, and to the defendant directly if the-defendant does not have legal representation.-(3) If the committing court elects to tr ans-fer venue fur medication-hearings to the court ofthejmisdiction where the defendant is located IF A-HEARING FOR ADMINISTRATION OF INVOLUNTARY MEDICATION IS HEARD IN-A DIFFERENT COUNTY THAN THE COUNTY WHERE THE COMMITTING COURT-IS LOCATED, the committing county shall reimburse the county where the-PAGE 21-SENATE BILL 26-149-proceeding is heard for the reasonable costs incurred in conducting the-proceeding. Alternatively, the district attorney OR COUNTY ATTORNEY for-the committing county or in any county or any city and county having a-population exceeding fifty thousand people, the county attorney fot the-committing county, may prosecute the proceeding as the proponent of the-physician's petition.-( 4) If a defendant committed to the custody of the department CDHS-for evaluation or for restoration treatment SERVICES is ordered by a court to-accept treatment MEDICATION as set forth in subsection (1) of this section-and is subsequently returned to jail for pending court proceedings, the-county jail may require the defendant to continue to receive the same-court-ordered treatment MEDICATION that was administered by the-department CDHS before the defendant was discharged from inpatient care,-or, alternatively, appropriate medical personnel provided by the jail may-forcibly administer such THE court-ordered medication to the defendant.-16-8.5-107. [Formerly 16-8.5-108 (l)] Use of defendant's-statements.-(1) ta} Except as otherwise provided in this subsection (1) SECTION,-evidence acquired directly or indirectly for the first time from a-communication derived from the defendant's mental processes during the-course of a competency evaluation or involuntary medication proceeding is-not admissible against the defendant on the issues raised by a plea of not-guilty, or, if the offense occurred before July 1, 1995, a plea of not guilty by-reason of impaired mental condition. Stteh THE evidence may be admissible-at trial to rebut evidence introduced by the defendant of the defendant's-mental condition to show incapacity of the defendartt THE DEFENDANT'S-INCAPACITY to form a culpable mental state; and, in such THAT case, the-evidence may only be considered by the trier of fact as bearing upon the-question of capacity to form a culpable mental state, and the jury shall be-so instructed at the request of either party.-th} (2) Evidence acquired directly or indirectly for the first time-from a communication derived from the defendant's mental processes-during the course of a competency evaluation or involuntary medication-proceeding is admissible at any sentencing hearing held pursuant to section-18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to-section 18-1.3-1302 for an offense charged prior to July 1, 2020, or-PAGE 22-SENATE BILL 26-149-pursuant to section 18-1.4-102 only to prove the existence or absence of any-mitigating factor.-ttj (3) If the defendant testifies on the defendant's own behalf upon-the trial of the issues raised by the plea of not guilty or, for offenses that-occurred before July 1, 1995, a plea of not guilty by reason of impaired-mental condition, or at a sentencing hearing held pursuant to section-18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to-section 18-1.3-1302 for an offense charged prior to July 1, 2020, or-pursuant to section 18-1.4-102, this section does not bar any evidence used-to impeach or rebut the defendant's testimony.-16-8.5-108. General hearing procedures and evidence.-(1) (a) A PARTY MUST REQUEST A COMPETENCY HEARING,-RESTORABILITY HEARING, OR RESTORATION HEARING WITHIN FOURTEEN-DAYS AFTER RECEIVING THE INITIAL OR UPDATED COURT-ORDERED-COMPETENCY EVALUATION REPORT; EXCEPT THAT, IF A PARTY REQUESTS A-SECOND EVALUATION PURSUANT TO SECTION 16-8.5-111, A PARTY MUST-REQUEST THE COMPETENCY HEARING, RESTORABILITY HEARING, OR-RESTORATION HEARING WITHIN FOURTEEN DAYS AFTER RECEIVING THE-SECOND EVALUATION REPORT.-(b) (I) A REQUEST FOR A COMPETENCY HEARING IS GOVERNED BY-SECTION 16-8.5-109.-(II) A REQUEST FOR A RESTORABILITY HEARING IS GOVERNED BY-SECTION 16-8.5-113.-(111) A REQUEST FOR A RESTORATION HEARING IS GOVERNED BY-SECTION 16-8.5-114.-(IV) A REQUEST FORA COMBINED RESTORABILITY AND RESTORATION-HEARING IS GOVERNED BY SECTIONS 16-8.5-113 AND 16-8.5-114.-(c) THE COURT SHALL GIVE THE NONMOVING PARTY AN-OPPORTUNITY TO OBJECT AND SHALL GRANT OR DENY THE REQUEST FOR A-COMPETENCY HEARING, RESTORABILITY HEARING, OR RESTORATION-HEARING IN ACCORDANCE WITH THE APPLICABLE GOVERNING ST A TUTES-WITHIN FOURTEEN DAYS AFTER THE REQUEST.-PAGE 23-SENATE BILL 26-149-( d) THE COMPETENCY HEARING, RESTORABILITY HEARING, OR-RESTORATION HEARING MUST BE HELD WITHIN THIRTY-FIVE DAYS AFTER THE-COURT'S ORDER GRANTING THE REQUEST, UNLESS THE TIME IS EXTENDED BY-THE COURT AFTER A FINDING OF GOOD CAUSE.-(2) (a) [Formerly 16-8.5-110] In any AT A COMPETENCY hearing, at-which the competency ofthe defendant is an issue RESTORABILITY HEARING,-OR RESTORATION HEARING, witnesses not specially trained in psychiatry or-psychology and not testifying as expert witnesses may testify as to the-witness's THEIR observation of the defendant's actions and conduct and as-to conversations that the witness THEY had with the defendant bearing upon-the defendant's mental condition. Any such witnesses, as part of the-witness's THEIR testimony, must be permitted to give opm10ns or-conclusions concerning the competency of the defendant.-(b) [Formerly 16-8.5-109 (3)] The court may examine or-cross-examine any witness WITNESSES called by the defendant or-prosecuting attorney at a competency hearing and may summon and-examine witnesses on the court's own motion.-(3) [Formerly 16-8.5-109 (2)] At a competency hearing,-RESTORABILITY HEARING, OR RESTORATION HEARING, the defendant and the-prosecuting attorney are entitled:-(a) To be present in person;-(b) To examine any reports of the competency evaluation or other-matter to be considered by the court as bearing upon the determination;-(c) To introduce evidence, summon witnesses, cross-examme-opposing witnesses or witnesses called by the court; and-(d) To make opening and closing statements and arguments.-(4) [Formerly 16-8.5-108 (2)] In any AT A COMPETENCY hearing,-concerning competency to prnceed ot t estot ation to competency-RESTORABILITY HEARING, OR RESTORATION HEARING, competency-evaluators and other experts may testify as to the conclusions reached from-their examination of hospital records, laboratory reports, X rays,-electroencephalograms, and psychological test results if the material that the-PAGE 24-SENATE BILL 26-149-COMPETENCY evaluators or experts examined in reaching their conclusions-is produced at the time of the hearing. Nothing in This section prevents-DOES NOT PREVENT the parties from obtaining the information authorized-by PURSUANT TO section 16-8.5-104 prior to the hearing.-(5) [Formerly 16-8.5-114 (3)] Evidence of any determination as to-the defendant's competency, or incompetency RESTORABILITY, OR-RESTORATION is not admissible on the issues raised by a plea of not guilty,-not guilty by reason of insanity, or, for offenses that occurred before July-1, 1995, the affirmative defense of impaired mental condition.-16-8.5-109. Competency hearing - procedure after-determination of competency or incompetency - mandatory dismissal-- refile of charges.-(1) Competency hearing.-(a) IF A PARTY MAKES A TIMELY REQUEST FOR A COMPETENCY-HEARING PURSUANT TO SECTION 16-8.5-108, THE COURT SHALL GRANT THE-REQUEST FOR A COMPETENCY HEARING.-·(b) [Formerly 16-8.5-103 (7)] At any A COMPETENCY hearing, held-pursuant to this section, the party asserting the incompetency of the-defendant shall have HAS the burden of submitting evidence and the burden-of proof by a preponderance of the evidence.-(2) [Formerly 16-8.5-111 (l)] Competent to proceed. If the final-determination made pursuant to section 16-8.5-103 is that the defendant is-competent to proceed, the jttdge COURT shall order that the suspended-proceeding continue or, if a mistrial was declared, shall reset the case for-trial at the earliest possible date.-(3) [Formerly 16-8.5-111 (1.5)] Referral to wraparound care-program or restoration services. If the final determination made pursuant-to section 16-8.5-103 is that the defendant is incompetent to proceed and the-defendant is eligible for referral to the bridges wraparound care program-pursuant to article 8.6 of this title 16, the court may ask the parties whether-the defendant should be referred for participation in the program. With the-agreement of the parties, the court may delay ordering restoration services-for the defendant to allow a bridges wraparound care coordinator to conduct-PAGE 25-SENA TE BILL 26-149-an initial intake of the defendant pursuant to section 16-8.6-108 to-determine whether the bridges wraparound care program is appropriate for-the defendant, or, EXCEPT AS PROVIDED IN SUBSECTION ( 4) OF THIS SECTION,-the court may order restoration services pursuant to ~-section SECTION 16-8.5-110.-(4) [Formerly 16-8.5-111 (1.6)) Mandatory dismissal of certain-charges after finding of incompetency.-ta} THE COURT SHALL DISMISS THE CHARGES AGAINST THE-DEFENDANT if the final determination made pursuant to section 16-8.5-103-is that the defendant is incompetent to proceed and if a defendant's highest-charged offense is a class 2 misdemeanor; a petty offense; a drug-misdemeanor; or a traffic offense, the court shall dismiss the charges-against the defendant unless the district attorney objects prim to the entry-of the order to dismiss and makes a ptima facie showing that the defendant-is a danger to the defendant's self ot others or is gravely disabled and there-is a t easonable belief that the defendant will be certified for treatment and-receive the necessary set vices pmsuant to article 65 oftitle 27 INFRACTION;-A MISDEMEANOR TRAFFIC OFFENSE; AN OFFENSE THAT CONSTITUTES AN-UNCLASSIFIED MISDEMEANOR WITHOUT SPECIFICATION PURSUANT TO-SECTION 18-1.3-504; OR AN OFFENSE THAT CONSTITUTES A DENOMINATED-MISDEMEANORANDNOPENALTYISFIXEDINSTATUTEPURSUANTTOSECTION-18-1.3-505, BUT NOT A MISDEMEANOR PURSUANT TO PART 13 OF ARTICLE4-OF TITLE 42 OR ANY OFFENSE CHARGED PURSUANT TO SECTION 42-4-1402-(2)(c).-(b) If the distt ict attorney makes the prima fa:cie showing pm suant-to subsection (1.6)(a) of this section, the court shall proceed pmsuant to-subsection (3) of this section or section 16-8.5-116.5 (7) and, upon-completion of the certification process, the court shall dismiss the charges-against the defendant:-(c) If the court does not t efet the defendant for cet tification pm suant-to subsection (3) of this section 01 section 16-8.5-116.5 (7), the court may-t efet the defendant to v oluntat ily participate and t eceiv e set vices in the-court liaison program pmsuant to article 95 of title 13.-16-8.5-110. Restoration services - inpatient and outpatient.-PAGE 26-SENATE BILL 26-149-(1) [Formerly 16-8.5-111 (2)] Order for restoration services. If-the final determination made pursuant to section 16-8.5-103 is that the-defendant is incompetent to proceed, and UNLESS the court finds there is-substantial prnbability that AFTER A RESTORABILITY HEARING HELD-PURSUANT TO SECTION 16-8.5-113 THAT the defendant with restoration-senices, will attain competency in the reasonably foreseeable ftttme IS-UNRESTORABLE, the court has the following requirements and options:-(a) If the defendant is out of custody or will be released soon, the-court shall order the restoration services take place on an outpatient basis,-unless the recommendation from the department CDHS is that inpatient-restoration services are clinically appropriate, and:-(I) The court shall order that the defendant participate in restoration-services as a condition of any bond;-(II) The court may appoint a bridges court liaison HIRED OR-CONTRACTED PURSUANT TO ARTICLE 95 OF TITLE 13 or may order that the-defendant cooperate with pretrial services, if available, and the court may-order pretrial services or a bridges court liaison, or both, to work with the-defendant, the department CDHS, and the restoration services provider-under contract with the department CDHS to assist in securing appropriate-support and care management services for the defendant, which may-include housing resources; and-(III) The court shall conduct a nonappearance review fourteen days-after the defendant's release from custody to ensure the defendant has been-released. If the defendant is not released by the date of the nonappearance-review, the court shall set a hearing to determine whether the defendant will-be released or to enter an order pursuant to subsection (2)(c) SUBSECTION-(l)(c) of this section.-(b) If the court determines the defendant is incompetent to prnceed-and DEFENDANT is in-custody on a CLASS 1 misdemeanor, petty offense, or-traffic offense A MISDEMEANOR DESCRIBED IN PART 13 OF ARTICLE 4 OF-TITLE42,ORANOFFENSECHARGEDPURSUANTTOSECTION42-4-1402(2)(c),-the court must SHALL set a hearing on bond within seven days after the-court's final determination that the defendant is incompetent to proceed. At-the bond hearing, there is a presumption that the court shalt order a personal-recognizance bond and enter an order for restoration services pursuant to-PAGE 27-SENATE BILL 26-149-subseetion (2)(a) SUBSECTION (l)(a) of this section. In order to deny the-defendant a personal recognizance bond and enter an order to commit the-defendant for inpatient restoration services pursuant to subsection (2)(c)-SUBSECTION (l)(c) of this section, the court shaH MUST make findings of-fact that extraordinary circumstances exist to overcome the presumption of-release by clear and convincing evidence. If the court denies a personal-recognizance bond, the court must SHALL notify the department CDHS of-the specific findings the court made to deny the personal recognizance-bond. The judicial department shall develop a form for a court to use to-notify the department CDHS of the court's findings that are required by this-subsection (2)(b) SUBSECTION ( 1 )(b ).-( c) If the court finds that the defendant is not eligible for release-from custody or not able to post the monetary condition of bond, or the-court approves a recommendation from the department CDHS that inpatient-restoration services are clinically appropriate, the court shall commit the-defendant to the custody of the department CDHS and order inpatient-restoration services.-(2) [Formerly 16-8.5-111 (7)] Outpatient restoration services.-(a) If the defendant is out of custody and the court has ordered-OUTPATIENT restoration services pursuant to subsection (2)(a) SUBSECTION-(l)(a) of this section:-(I) Pursuant to section 27-60-105, the department CDHS is the entity-responsible for the coordination of all competency restoration services,-including the oversight of restoration education; AND-(II) The restoration services provider under contract with the-department CDHS shall notify the court, the department CDHS, the bridges-court liaison, and any other designated agency within twenty-one days after-the court's order if restoration services have not started and include a-description of the efforts that have been made to engage the defendant in-services. and-(Ill) If the department determines that the department is mtable,-within a I easonable time, to provide I esto:r ation set vices on an outpatient-basis, the department shall notify the court within fourteen days after the-department's determination, at which point the court shall review the case-PAGE 28-SENATE BILL 26-149-and determine what interim mental health scr vices the department or a-community prov idcr can prov idc to the defendant. If a br idgc~ court liaison-is appointed, the department shall r cport to the br idgcs court liaison c v cry-twenty-eight days concerning the availability of restoration scr vices on an-outpatient basis to the defendant.-(b) If, in the process of coordinating outpatient restoration services-for a defendant, the department CDHS determines that the defendant meets-the standard for a certification for short-tctm ttcatmcnt pmsuant to section-27-65-108.5 and that initiating a petition fot an outpatient certification is-appropriate, the department CRITERIA FOR THE INITIATION OF A CIVIL-PROCEEDING, CDHS may request, in writing, that the court tcfer the matter-for filing of a petition for short-term ttcatmcnt pmsuant to 27-65-108.5 in-a court with jurisdiction and authoti:zc the department to file the petition.-Aftct tccciving a wtittcn tcqucst, the court shall hear and considet any-objections ftonr the defendant ptiot to mling on the tequest ORDER THE-INITIATION OF A CIVIL PROCEEDING PURSUANT TO SECTION 16-8.5-117.-( c) If the department CDHS determines that the department IT is-unable, within a reasonable time, to provide restoration services on an-outpatient basis, the department CDHS shall notify the court within fourteen-days after the department's ITS determination, at which point the court shall-review the case and determine what interim mental health services the-department CDHS or a community provider can provide to the defendant.-If a bridges court liaison is appointed, the department CDHS shall report to-the bridges court liaison every twenty-eight days concerning the availability-of restoration services on an outpatient basis to the defendant.-(3) [Formerly 16-8.5-111 (8)] Inpatient restoration services.-(a) If the court commits the defendant to the custody of the-department CDHS and orders inpatient restoration services:-(I) The executive director shall designate a state facility or facilities-where the defendant is held for care and psychiatric treatment and receives-restoration services, and THE EXECUTIVE DIRECTOR may EFFECTUATE THE-DEFENDANT'S transfer the defendant from one facility to another if, in the-opinion of the EXECUTIVE director, doing so is in the best interest of proper-care, custody, and treatment of the defendant or the protection of the public-or the persom1el of the facilities in question. The department CDHS shall-PAGE 29-SENATE BILL 26-149-provide restoration services at an appropriate inpatient program. The-department CDHS shall notify the court, the bridges com1 liaison, the-prosecuting attorney, and the defense attorney when the defendant is placed-or moved to a different program.-(II) The department CDHS shall admit tier 1 defendants for-INPATIENT restoration services within seven days after receipt of the court-order and collateral materials;-(111) The department CDHS shall admit tier 2 defendants for-INPATIENT restoration services within twenty-eight days after receipt of the-court order and collateral materials and shall advise the court and the-bridges court liaison, if applicable, every twenty-eight days after the initial-twenty-eight-day period regarding the availability of an inpatient bed and-when admission will be offered to the defendant.-(b) If a defendant is receiving inpatient restoration services and the-executive director concludes that:-(I) A less-restrictive facility would be more clinically appropriate,-the executive director, with proper notice to the com1 and consistent with-the provisions of part 3 of article 4.1 of title 24, may move the defendant to-a less-restrictive facility if, in the executive director's opinion, the defendant-is not yet restored to competency but could be properly restored to-competency in a less-restrictive facility. If the defendant is not released-from custody, the court shall order the department CDHS to provide-inpatient RESTORATION services at a location determined by the department-CDHS.-(II) Outpatient restoration services would be more clinically-appropriate, the department CDHS shall-~ notify the court; and request that the defendant be considered for-release on a nonmonetary bond if the defendant is not currently released on-bond;and-tBJ provide to the eourt information TO THE COURT regarding the-appropriate outpatient restoration services, developed in conjunction with-the bridges court liaison, when assigned, and the reasons why the defendant-could be properly restored to competency on an outpatient basis.-PAGE 30-SENATE BILL 26-149-( c) If the defendant posts bond or the court orders outpatient-restoration services in lieu of continued inpatient RESTORATION services, or-if the department CDHS believes that the defendant is restored to-competency and the defendant is to be released to the community rather-than jail upon discharge, the department CDHS shall:-(I) Assist the defendant with any necessary transportation;-(II) Provide the necessary case and medication information for the-defendant to the bridges court liaison and the community agency that will-provide continued restoration, if applicable, or services;-(III) Notify the court and the bridges court liaison that the defendant-was released and the defendant's community bond status; and-(IV) Coordinate with the court; pretrial services, if applicable; and-the bridges court liaison to ensure the defendant receives written notice of-the defendant's next court appearance and bond conditions.-( d) If the defendant is discharged from the department's CDHS's-custody after receiving inpatient restoration services and the defendant is to-be returned to the custody of the county jail, the department CDHS shall:-(I) Notify the sheriff of the jurisdiction where the defendant is to be-returned;-(II) Notify the court and the bridges court liaison that the department-CDHS is returning the defendant to the custody of the county jail; and-(III) Work with the sheriff, the bridges court liaison, and any-behavioral health providers in the county jail to ensure that the county jail-has the necessary information to prevent any decompensation by the-defendant while the defendant is in the county jail, which must include-medication information when clinically appropriate.-16-8.5-111. Second evaluation.-( 1) [Formerly 16-8.5-106 (1)] If a defendant wishes to be examined-by a competency evaluator of his or her THE DEFENDANT'S own choice in-connection with any proceeding under this article ARTICLE 8.5, the court,-PAGE 31-SENATE BILL 26-149-upon timely motion, shall 01 de1 that ENTER ANY ORDERS NECESSARY FOR the-competency evaluator chosen by the defendant TO be given reasonable-opportunity to conduct the A second evaluation. in aeeor dance with sections-16-8.5-103 and 16-8.5-111.-(2) EITHER PARTY HAS THE RIGHT TO REQUEST A SECOND-EVALUATION WITHIN FOURTEEN DAYS AFTER RECEIVING THE INITIAL OR-UPDATED COURT-ORDERED COMPETENCY EVALUATION REPORT, AND THE-COURT SHALL GRANT THE REQUEST. THE SECOND EV ALU A TI ON REPORT MUST-INCLUDE THE COMPETENCY EVALUATOR'S OPINION, IF APPLICABLE,-REGARDING:-(a) WHETHER THE DEFENDANT IS COMPETENT TO PROCEED OR-INCOMPETENT TO PROCEED;-(b) WHETHER THE DEFENDANT IS RESTORABLE; AND-(c) IF THE DEFENDANT IS RECEIVING RESTORATION SERVICES,-WHETHER THE DEFENDANT HAS BEEN RESTORED TO COMPETENCY.-(3) IF A RESTORATION HEARING IS COMBINED WITH A RESTORABILITY-HEARING, EITHER PARTY MAY REQUEST A SECOND EVALUATION THAT-ADDRESSES BOTH RESTORATION AND RESTORABILITY RATHER THAN A-SECOND EVALUATION FOR EACH ISSUE.-(4) [Formerly 16-8.5-103 (4)] If a party requests a second-evaluation, THE COURT SHALL CONTINUE any pending requests for a hearing-must be continued until the receipt of the second evaluation report. The-COMPETENCY EVALUATOR SHALL COMPLETE AND FILE THE report of the-expert conducting the second evaluation must be completed and filed with-the court within thirty-five days after the court order allowing the second-evaluation, unless the time period is extended by the court for good cause.-The court shall provide the second evaluation to CDHS AND the parties. and-the department. The department CDHS shall use the second evaluation to-ensure that the department CDHS complies with its responsibilities,-including reviewing and summarizing prior competency opinions as-requited by section 16-8.5-105 (5)(f) MADE PURSUANT TO SECTION-16-8.5-105 (5)(d)(I)(A). If the COURT REQUESTS THE second evaluation, is-1 equestcd by the coort; it must be paid for by the court.-PAGE 32-SENATE BILL 26-149-(5) [Formerly 16-8.5-107] In all proceedings brought pu1suant to-this article 8.5, the court shall appoint a competency evaluatot ot an-atto1 ney fut the defendant at the state's expense upon motion of the-defendant with proof that the defendant is indigent and without money to-employ a competency evaluato1 ot atto1ney to which the defendant is-entitled putsuant to this article 8.5. The court shall pay for a second-evaluation if a second evaluation is requested by an indigent defendant.-(6) ONCE THE COURT RECEIVES THE SECOND EVALUATION REPORT,-EITHER PARTY HAS THE RIGHT TO REQUEST A COMPETENCY HEARING,-RESTORABILITY HEARING, OR RESTORATION HEARING, AS APPLICABLE,-PURSUANT TO SECTION 16-8.5-108 (1).-16-8.5-112. [Formerly 16-8.5-116] Review hearing to determine-competency - report.-( 1) Repealed/(Deleted by amendment, L. 2024).-(2) (a) (1) (a) Within ninety-one days after the entry of the court's-order of commitment or order to receive outpatient restoration SERVICES,-the court shall SET A HEARING TO review the case of a defendant who has-been determined to be incompetent to proceed with regard to the pr ob ability-that WHETHER the defendant will be restored to competency within the-1casonably foreseeable future IS RESTORABLE OR UNRESTORABLE and with-regard to the justification for certification, confinement, or continued-restoration treatment SERVICES. The review HEARING may be held in-conjunction with a RESTORABILITY HEARING HELD PURSUANT TO SECTION-16-8.5-113 OR A restoration hearing held pursuant to section 16-8.5-113-SECTION 16-8.5-114. However, if at the review hearing there is a request by-the defendant for a restoration hearing pursuant to section 16-8.5-113-SECTION 16-8.5-114, the court shall set the restoration hearing within-thirty-five days after the request pursuant to the provisions of section-16-8.5-113 SECTION 16-8.5-114.-(b) At least ten days before each review HEARING, the individual or-entity e Valuating the defendant COMPETENCY EVALUATOR shall provide the-court with a report describing THAT INCLUDES:-(I) An THE COMPETENCY EVALUATOR'S opinion regarding the-defendant's competency;-PAGE 33-SENATE BILL 26-149-(II) IF THE COMPETENCY EVALUATOR OPINES THAT THE DEFENDANT-REMAINS INCOMPETENT, whether there is a substantial prnbability that the-defendant will be 1est01ed to competency within the reasonably f-o1eseeable-future IS RESTORABLE OR UNRESTORABLE;-(III) IF THE COMPETENCY EV ALU ATOR OPINES THAT THE DEFENDANT-IS RESTORABLE, whether there is a substantial probability that the defendant-will be restored to competency within the time periods established by this-section IN SECTION 16-8.5-116;-(IV) Whether the defendant meets the criteria for an emergency-mental health hold pursuant to section 27-65-106;-(IV.3) Whether the defendant meets the cdteda fut a certification-fut short-term treatment pmsuant te, section 27-65-108.5 01 27-65-109 and,-if the defendant meets such ct ite1 ia, whether the e v aluato1 believes the-defendant could be treated on an outpatient basis pursuant to section-27-65-111. In assessing whether a defendant with a pending criminal charge-is a danger to self 01 others 01 is gravely disabled, if the person is-inca1ce1ated, the evaluator shall not rely on the fact that the defendant is-incai cerated 01 is an inpatient in a medical facility to establish the defendant-is not a danger to self 01 others 01 is not gravely disabled.-(IV.5) Whether the defendant has an intellectual and developniental-disability, as defined in section 25 .5-10-202, and if the defendant does ha~e-such a disability, whether the defendant may be eligible fut any additional-set vices pmsuant to article 10 of title 25.5 01 article 10.5 of title 27.-(V) WHETHER THE DEFENDANT MEETS THE CRITERIA FOR-CERTIFICATION FOR SHORT-TERM TREATMENT PURSUANT TO SECTION-27-65-108.5, 27-65-109, OR 27-65-109.5 AND, IF THE DEFENDANT MEETS-THE CRITERIA, WHETHER THE COMPETENCY EVALUATOR BELIEVES THE-DEFENDANT COULD BE TREATED ON AN OUTPATIENT BASIS PURSUANT TO-SECTION 27-65-111. IF THE DEFENDANT IS INCARCERATED OR IS INPATIENT-IN A MEDICAL FACILITY AND HAS A PENDING CRIMINAL CHARGE, IN-ASSESSING WHETHER THE DEFENDANT IS A DANGER TO THE DEFENDANT'S-SELF, A DANGER TO OTHERS, OR GRAVELY DISABLED, AS THOSE TERMS ARE-DEFINED IN SECTION 27-65-102, THE COURT, COMPETENCY EVALUATOR, OR-PROFESSIONAL PERSON, AS DEFINED IN SECTION 27-65-102, SHALL NOT RELY-ON THE FACT THAT THE DEFENDANT IS INCARCERATED OR IS INPATIENT IN A-PAGE 34-SENATE BILL 26-149-MEDICAL FACILITY TO EST AB LISH THAT THE DEFENDANT IS NOT A DANGER-TO THE DEFENDANT'S SELF, A DANGER TO OTHERS, OR GRAVELY DISABLED.-IF IT IS THE COMPETENCY EVALUATOR'S OPINION THAT THE DEFENDANT-MEETS CRITERIA FOR CERTIFICATION FOR SHORT-TERM TREATMENT-PURSUANT TO SECTION 27-65-108.5, 27-65-109, OR 27-65-109.5, THE-COMPETENCY EV ALU ATOR IS NOT REQUIRED TO REQUEST A PETITION FOR-CERTIFICATION FOR SHORT-TERM TREATMENT OF THE DEFENDANT.-(VI) WHETHER THE DEFENDANT HAS A DEVELOPMENT AL DISABILITY,-AND IF THE DEFENDANT DOES HA VE A DEVELOPMENT AL DISABILITY,-WHETHER THE DEFENDANT ALSO HAS A MENTAL HEAL TH DISORDER, AS-DEFINED IN SECTION 27-65-102, AND WHETHER THE DEFENDANT MAY BE-ELIGIBLEFORANY ADDITIONALSERVICESPURSUANTTOARTICLE 10OFTITLE-25.5 OR ARTICLE 10.5 OF TITLE 27, OR MAY MEET THE CRITERIA FORA CIVIL-PROCEEDING FOR IMPOSITION OF A LEGAL DISABILITY OR REMOVAL OF A-LEGAL RIGHT PURSUANT TO SECTION 25.5-10-216. IF THE COMPETENCY-EVALUATOR'S OPINION IS THAT THE DEFENDANT MAY MEET THE CRITERIA,-THE COMPETENCY EVALUATOR IS NOT REQUIRED TO PETITION THE COURT-FOR IMPOSITION OF A LEGAL DISABILITY OR REMOVAL OF A LEGAL RIGHT.-(VII) WHETHER THE DEFENDANT HAS A NEUROCOGNITIVE DISORDER,-AS DEFINED IN SECTION 25.5-10-501, AND, IF THE DEFENDANT DOES HAVE A-NEUROCOGNITIVE DISORDER, WHETHER THE DEFENDANT MAY MEET THE-CRITERIAFORPROTECTIVEPLACEMENTPURSUANTTOSECTION25.5-10-502.-IF THE OPINION IS THAT THE DEFENDANT MAY MEET THE CRITERIA FOR-PROTECTIVE PLACEMENT, THE COMPETENCY EVALUATOR IS NOT REQUIRED-TO PETITION THE COURT FOR PROTECTIVE PLACEMENT.-M (VIII) A DESCRIPTION OF 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;-(VI) Repealed.-tVffl (IX) If the defendant has failed to cooperate with treatment-RESTORATION SERVICES, whether the incompetency and mental DISABILITY-or intellectual and developmental disability contributes to IS THE PRIMARY-REASON FOR the defendant's refusal or inability to cooperate with restoration-0t ptevents the ability of the defendant to cooperate with testorntion,-SERVICES; and-PAGE 35-SENATE BILL 26-149-(VIII) (X) A summary of the observations of the defendant by the-treating TREATMENT staff at the facility or other location where inpatient-RESTORATION services were delivered.-( c) At least ten days before each review HEARING, the department-treating CDHS TREATMENT team shall provide to the court an additional-report that summarizes:-(I) What restorative education has SERVICES HA VE been provided TO-THE DEFENDANT and the frequency of that THE education SERVICES;-(II) What medication has been administered TO THE DEFENDANT,-including voluntary or involuntary medications;-(III) What release plans have been made for the defendant after-release, including a discussion of the support from THE DEFENDANT'S 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 tr eating TREATMENT team on the defendant's-mental health functioning and ability to function on an outpatient basis for-restoration services; and-(VI) IF THE DEFENDANT IS CONTINUING TO RECEIVE INPATIENT-RESTORATION SERVICES, 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 SERVICES; AND-(VII) Repealed. WHETHER THE DEFENDANT POSES A SUBSTANTIAL-RISK OF SERIOUS HARM TO OTHERS, AS DEFINED IN SECTION 27-65-102, IF:-(A) THE DEFENDANT IS CHARGED WITH HOMICIDE PURSUANT TO-PART 1 OF ARTICLE 3 OF TITLE 18; A CRIME OF VIOLENCE, AS DEFINED IN-SECTION 18-1.3-406 (2); OR A FELONY THAT CONSTITUTES UNLAWFUL-SEXUAL BEi-iA VIOR, AS DEFINED IN SECTION 16-22-102; OR-(B) THE PROSECUTION REQUESTED AN OPINION REGARDING-PAGE 36-SENATE BILL 26-149-WHETHER THE DEFENDANT POSES A SUBSTANTIAL RISK OF SERIOUS HARM TO-OTHERS BECAUSE THE PROSECUTION IS A WARE OF AN ACT DESCRIBED IN-SECTION 16-8.5-118 (6)(b)(I) THAT IS NOT CHARGED IN THE CURRENT CASE-THE DEFENDANT IS ALLEGED TO HA VE COMMITTED AND IS OR WAS CHARGED-IN A CRIMINAL CASE IN COLORADO IN WHICH COMPETENCY WAS RAISED. IF-THE PROSECUTION REQUESTS AN OPINION PURSUANT TO THIS SUBSECTION-(l)(c)(VIl)(B), THE PROSECUTION SHALL DISCLOSE THE UNCHARGED ACTS-TO THE DEFENDANT.-ffl (2) After the initial review HEARING CONDUCTED pursuant to-subsection (2)(a) SUBSECTION (l)(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 indi\Jidual or entity evaluating the defendant COMPETENCY-EVALUATOR shall provide the court with an updated COMPETENCY-EVALUATION report as described in subsection (2)(b) SUBSECTION ( 1 )(b) of-this section and the treatment staff shall provide an updated summary of-observations as described in subsection (2)(c) SUBSECTION (l)(c) of this-section.-(4) Repealed.-t5} (3) The court shall forward a copy of each report and summary-received pursuant to subsections (2) and (3) SUBSECTIONS ( 1) AND (2) of this-section to the county attorney or district attorney required to conduct-proceedings pursuant to section 27-65-113 (6) SECTION 27-65-113 .5 for the-county in which the case is pending and, when a bridges court liaison is-appointed, to the bridges court liaison.-(6) to (15) Repealed.-16-8.5-113. Restorability hearing - burdens of proof --determination - dismissal.-(1) (a) THE COURT MAY, UPON MOTION OF A PARTY AND UPON A-SHOWING OF GOOD CAUSE, SET A RESTORABILITY HEARING WITHIN THE TIME-FRAME SET FORTH IN SECTION 16-8.5-108 (l)(d).-(b) IF THE FINAL DETERMINATION MADE PURSUANT TO SECTION-16-8.5-103 IS THAT THE DEFENDANT IS INCOMPETENT TO PROCEED AND A-COMPETENCY EVALUATOR OPINES THAT THE DEFENDANT IS UNRESTORABLE,-PAGE 37-SENATE BILL 26-149-AND EITHER A RESTORABILITY HEARING HAS NOT BEEN HELD OR ONE-HUNDRED EIGHTY-TWO DAYS HAVE PASSED SINCE THE DEFENDANT BEGAN-RECEIVING RESTORATION SERVICES AFTER A FINDING OF RESTORABILITY, THE-COURT SHALL, UPON MOTION OF A PARTY, SET A RESTORABILITY HEARING-WITHIN THE TIME FRAME SET FORTH IN SECTION 16-8.5-108 (l)(d). A-RESTORABILITY HEARING MAY BE COMBINED WITH A RESTORATION HEARING,-IF APPROPRIATE.-(c) IFTHECOURTRECEIVESTHECOMPETENCYEVALUATOR'SOPINION-THAT THE DEFENDANT IS UNRESTORABLE PRIOR TO ENTERING AN INITIAL-ORDER FOR RESTORATION SERVICES, THE COURT SHALL SET A-RESTORABILITY HEARING WITHIN THIRTY-FIVE DAYS AFTER RECEIVING THE-OPINION UNLESS THE TIME IS EXTENDED BY THE COURT AFTER A FINDING OF-GOOD CAUSE.-(2) AT ANY RESTORABILITY HEARING CONDUCTED PURSUANT TO THIS-SECTION:-(a) THE DEFENDANT HAS THE BURDEN OF PROVING BY A-PREPONDERANCE OF THE EVIDENCE THAT THE DEFENDANT IS UN RESTO RAB LE-IF ANY CHARGE IN ANY OF THE DEFENDANT'S PENDING CRIMINAL CASES IN-THE ST ATE OF COLORADO INCLUDE A CRIME SUBJECT TO THE "VICTIM-RIGHTS ACT", SECTION 24-4.1-302 (1); UNLAWFUL SEXUAL CONTACT, AS-DESCRIBED IN SECTION 18-3-404; OR INDECENT EXPOSURE, AS DESCRIBED IN-SECTION 18-7-302; AND-(b) THE PROSECUTION HAS THE BURDEN OF PROVING BY A-PREPONDERANCE OF THE EVIDENCE THAT THE DEFENDANT IS RESTORABLE-IF THE DEFENDANT DOES NOT HA VE A PENDING CRIMINAL CASE IN THE STATE-OF COLORADO THAT INCLUDES A CHARGE OF A CRIME SUBJECT TO THE-"VICTIM RIGHTS ACT", SECTION 24-4.1-302 (l); UNLAWFUL SEXUAL-CONTACT, AS DESCRIBED IN SECTION 18-3-404; OR INDECENT EXPOSURE, AS-DESCRIBED IN SECTION 18-7-302.-(3) WHEN DETERMINING WHETHER THE DEFENDANT IS RESTORABLE-OR UNRESTORABLE, THE COURT SHALL CONSIDER ALL RELEVANT-INFORMATION, INCLUDING, BUT NOT LIMITED TO:-(a) ANY DIAGNOSED MENTAL DISORDER OR DEVELOPMENTAL-DISABILITY GIVING RISE TO THE DEFENDANT'S INCOMPETENCY, INCLUDING-PAGE 38-SENATE BILL 26-149-AN INTELLECTUAL AND DEVELOPMENT AL DISABILITY, AS DEFINED IN-SECTION 25.5-10-202, OR NEUROCOGNITIVE DISORDER, AS DEFINED IN-SECTION 25 .5-10-501, AND WHETHER THE DIAGNOSED MENTAL DISORDER OR-DEVELOPMENT AL DISABILITY CAN BE TREATED, MITIGATED, OR MANAGED IN-A WAY THAT WOULD ALLOW THE DEFENDANT TO PROGRESS TOWARD-BECOMING COMPETENT TO PROCEED;-(b) THE NATURE AND SEVERITY OF THE DEFENDANT'S INCOMPETENCY-AND WHETHER THE DEFENDANT'S LEVEL OF COMPETENCY CAN BE IMPROVED-THROUGH ANY SERVICES THE COURT MAY LAWFULLY ORDER, INCLUDING-SERVICES THAT ARE IN ADDITION TO RESTORATION SERVICES;-( c) THE EXPERIENCES, OBSERVATIONS, AND OPINIONS OF QUALIFIED-EXPERTS, INCLUDING MEDICAL PROFESSIONALS, TREATMENT PROVIDERS,-AND RESTORATION SPECIALISTS;-(d) THE EXPERIENCES, OBSERVATIONS, AND OPINIONS OF LAY-PERSONS WHO ARE FAMILIAR WITH THE DEFENDANT, INCLUDING FAMILY-MEMBERS, FRIENDS, ASSOCIATES, AND ANY OTHER INDIVIDUAL WITH WHOM-THE DEFENDANT HAS HAD SIGNIFICANT INTERACTIONS;-(e) THE DEFENDANT'S MEDICAL HISTORY, CRIMINAL HISTORY,-COMPETENCY AND RESTORATION HISTORY, AND CIVIL COMMITMENT-HISTORY;-(t) THE FACTS AND CONTEXT OF CURRENT AND PAST CHARGES-AGAINST THE DEFENDANT AS EVIDENCED BY POLICE REPORTS, VIDEO OR-AUDIO RECORDINGS, PHYSICAL EVIDENCE, WITNESS OR VICTIM STATEMENTS,-AND ANY OTHER RELIABLE SOURCES;-(g) ANY RELEVANT STATEMENTS MADE BY THE DEFENDANT DURING-THE RESTORATION PROCESS; OR-(h) THE DEFENDANT'S LEVEL OF EFFORT AND ENGAGEMENT,-INCLUDING ANY VOLITIONAL LACK OF COOPERATION OR UNWILLINGNESS TO-PARTICIPATE.-(4) (a) AT THE CONCLUSION OF A RESTORABILITY HEARING SET-PURSUANT TO THIS SECTION:-PAGE 39-SENATE BILL 26-149-(I) IF THE COURT FINDS THAT THE DEFENDANT HAS NOT MET THE-BURDEN OF PROVING THE DEFENDANT IS UNRESTORABLE PURSUANT TO-SUBSECTION (2)(a) OF THIS SECTION, THE COURT SHALL FIND THE-DEFENDANTRESTORABLEANDORDERAPPROPRIATERESTORATIONSERVICES-AND SET A REVIEW HEARING PURSUANT TO SECTION 16-8.5-112.-(II) IF THE COURT FINDS THAT THE DEFENDANT HAS MET THE-BURDEN OF PROVING THEY ARE UNRESTORABLE PURSUANT TO SUBSECTION-(2)(a) OF THIS SECTION, THE COURT SHALL FIND THE DEFENDANT-UNRESTORABLE.-(Ill) IF THE COURT FINDS THAT THE PROSECUTION HAS NOT MET THE-BURDEN OF PROVING THE DEFENDANT IS RESTORABLE PURSUANT TO-SUBSECTION (2)(b) OF THIS SECTION, THE COURT SHALL FIND THE-DEFENDANT UNRESTORABLE.-(IV) IF THE COURT FINDS THAT THE PROSECUTION HAS MET THE-BURDEN OF PROVING THE DEFENDANT IS RESTORABLE PURSUANT TO-SUBSECTION (2)(b) OF THIS SECTION, THE COURT SHALL FIND THE-DEFENDANT RESTO RAB LE AND ORDERAPPROPRIA TE RESTORATION SERVICES-AND SET A REVIEW HEARING PURSUANT TO SECTION 16-8.5-112.-(b) IF THE COURT FINDS THE DEFENDANT IS UNRESTORABLE-PURSUANT TO SUBSECTION (4)(a)(II) OR (4)(a)(III) OF THIS SECTION, THE-COURT SHALL ORDER THE DISMISSAL OF THE CRIMINAL PROCEEDINGS-AGAINST THE DEFENDANT AND STAY THE ORDER AND PROCEED IN-ACCORDANCE WITH SECTION 16-8.5-117, UNLESS THE PROSECUTION-REQUESTS A CIVIL COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT, IN-WHICH CASE THE COURT SHALL PROCEED IN ACCORDANCE WITH SECTION-16-8.5-118.-(5) [Formerly 16-8.5-111 (6)(a)] (a) Nothing in This article 8.5-pt ohibits DOES NOT PROHIBIT the court from finding that the defendant is-restorable to competency in the 1easonably fu1eseeable futu1e based on the-defendant's volitional lack of cooperation or unwillingness to participate in-restoration services and t1eatment if THE COURT FINDS THAT the defendant-could be 1esto1ed to competency in the 1easonably fu1eseeable futu1e-RESTORABLE if the defendant cooperated and participated in the restoration-services. and t1eatment.-PAGE 40-SENATE BILL 26-149-16-8.5-114. Restoration hearing - burdens of proof --determination.-(1) (a) [Formerly 16-8.5-113 (1)) The court may, <mier UPON A-MOTION OF A PARTY AND UPON A SHOWING OF GOOD CAUSE, SET a-restoration hearing at any titne on its own motion, on motion of the-prosecuting attotney, 01 on motion of the defendant, except that the court-shall order a restoration hearing when required pursuant to section-16-8.5-111 (4)(a) OI (4)(b) WITHIN THE TIME FRAME SET FORTH IN SECTION-16-8.5-108 (l)(d). FOR THE PURPOSES OF THIS SUBSECTION (l)(a), GOOD-CAUSE INCLUDES IF A DEFENDANT IS APPROACHING THE MAXIMUM TIME-PERMITTEDTORESTORETHEDEFENDANTPURSUANTTOSECTION 16-8.5-116.-A RESTORATION HEARING MAY BE COMBINED WITH A RESTORABILITY-HEARING, IF APPROPRIATE.-(b) THE COURT SHALL SET A RESTORATION HEARING WITHIN THE-TIME FRAME SET FORTH IN SECTION 16-8.5-108 (l)(d) UPON MOTION OF A-PARTY IF:-(I) THE COURT HAS ORDERED CDHS TO PROVIDE AN INCOMPETENT-DEFENDANT RESTORATION SERVICES PURSUANT TO SECTION 16-8.5-110 AND-THE DEFENDANT IS RECEIVING RESTORATION SERVICES;-(11) THE COURT RECEIVES A COMPETENCY EVALUATOR'S OPINION-THAT THE DEFENDANT IS COMPETENT TO PROCEED; AND-(111) A RESTORATION HEARING HAS NOT BEEN HELD OR ONE-HUNDRED EIGHTY-TWO DAYS HAVE PASSED AFTER A FINDING AT A-RESTORATION HEARING THAT THE DEFENDANT REMAINS INCOMPETENT TO-PROCEED AND THE DEFENDANT HAS CONTINUED TO RECEIVE RESTORATION-SERVICES.-(2) [Formerly 16-8.5-113 (2)) Within fourteen days aftet teceipt of-a report fr om the department 01 othet eourt-appt o v ed competency evaluator-certifying that the defendant is competent to proceed, Either party may-request a RESTORATION hearing or a second evaluation The court shall-detetnrine whether to allow the second evaluation 01 proceed to a heating-on competency. If the second evaluation is requested by the court 01 by an-indigent defendant, the evaluation must be paid fot by the court PURSUANT-TO SECTION 16-8.5-111.-PAGE 41-SENATE BILL 26-149-(3) [Formerly 16-8.5-113 (4)] If neither party requests a-RESTORATION hearing or second evaluation within the time frame set forth-in subsection (2) of this section SECTION 16-8.5-108 (l)(a), the court shall-enter a final determination, based on the information then available to the-court, whether the defendant is 01 is not competent OR INCOMPETENT to-proceed.-(4) [Formerly 16-8.5-113 (6)] At the RESTORATION hearing, the-party asserting that the defendant is competent has the burden of proof by-a preponderance of the evidence and the burden of submitting evidence. At-the RESTORATION hearing, the court shall determine whether the defendant-is restored to competency.-(5) [Formerly 16-8.5-111 (9)] When the department CDHS submits-a report to the court that the department's CDHS's position is that the-defendant is restored to competency, the defendant may be returned to the-custody of the county jail. The sheriff shall return the defendant to the-custody of the county jail within seventy-two hours after receipt of the-department's notice CDHS's REPORT.-16-8.5-115. Procedure after restoration hearing.-(1) [Formerly 16-8.5-114 (l)] If a defendant is found to be restored-to competency after the RESTORATION hearing held pursuant to section-16-8.5-113 SECTION 16-8.5-114, the court shall resume the criminal-proceedings or order the sentence carried out. The court shall credit any-time the defendant spent in confinement while committed pursuant to-section 16-8.5-111 SECTION 16-8.5-110 against any term of imprisonment-imposed after restoration to competency.-(2) [Formerly 16-8.5-114 (2)] If, after the RESTORATION hearing-held pursuant to section 16-8.5-113 SECTION 16-8.5-114, the court-determines that the defendant remains incompetent to proceed, the court-may continue or modify any orders entered at the time of the original-determination ofincompetency and may commit or recommit the defendant-TO CDHS's CUSTODY or enter any new order necessary to facilitate the-defendant's restoration to mental competency, consistent with the-requirements of section 16-8.5-111 SECTION 16-8.5-110.-16-8.5-116. Dismissal of charges after reaching maximum time-PAGE 42-SENATE BILL 26-149-permitted to restore defendant - exceptions - rules.-(1) [Formerly 16-8.5-116.5 (2)) At a review hearing held PURSUANT-TO SECTION 16-8.5-112 concerning the defendant's competency to proceed,-the court shall dismiss the charges against the defendant and release the-defendant from confinement putsuant to subsection (7) of this section if:-(a) The defendant's highest charged offense is a class 1-misdemeanor; ANY MISDEMEANOR THAT CONSTITUTES A FIRST OFFENSE-PURSUANT TO PART 13 OF ARTICLE4 OFTITLE42; oris a level 4 drug felony,-and the defendant has been in the department's CDHS's custody for-restoration services or has been confined in a jail or other detention facility-awaiting transport to the department CDHS for court-ordered restoration for-an aggregate time of six months; and-(b) The court determines, based on available evidence, that the-defendant remains incompetent to proceed.-(2) [Formerly 16-8.5-116.5 (3)) Atareviewhearingheld PURSUANT-TO SECTION 16-8.5-112 concerning the defendant's competency to proceed,-the court shall dismiss the charges against the defendant and release the-defendant from confinement pmsuant to subsection (7) of this section if:-(a) The defendant's highest charged offense is a class 5 or class 6-felony; ANY MISDEMEANOR THAT CONSTITUTES A SECOND OR SUBSEQUENT-OFFENSE PURSUANT TO PART 13 OF ARTICLE 4 OF TITLE 42; ANY OFFENSE-CHARGED PURSUANT TO SECTION 42-4-1402 (2)(c); or a level 3 drug felony-and the defendant has been in the dcpartment1s CDHS's custody for-restoration services or has been confined in a jail or other detention facility-awaiting transport to the department CDHS for com1-ordered restoration for-an aggregate period of one year; and-(b) The court determines, based on available evidence, that the-defendant remains incompetent to proceed.-(3) [Formerly 16-8.5-116.5 (4)) Atareviewhearingheld PURSUANT-TO SECTION 16-8.5-112 concerning the defendant's competency to proceed,-the court shall dismiss the charges against the defendant and release the-defendant from confinement pursuant to subsection (7) of-this section, if:-PAGE 43-SENATE BILL 26-149-(a) The defendant's highest charged offense is a class 4 felony and-the defendant has been in the department's CDHS's custody for restoration-services or has been confined in a jail or other detention facility awaiting-transport to the department CDHS for court-ordered restoration for an-aggregate period of two years; and-(b) The court determines, based on available evidence, that the-defendant remains incompetent to proceed.-(4) [Formerly 16-8.5-116.5 (5)] Subsections (2), (3), and (4)-SUBSECTIONS (1), (2), AND (3) of this section do not apply if the defendant-is charged with a class 1, 2, or 3 felony offense; a sex offense, as defined in-section 18-1.3-1003 (5); a crime of violence, as defined in section-18-1.3-406 (2); or a level 1 or level 2 drug felony.-(5) [Formerly 16-8.5-116.5 (6)] The court shall dismiss the-defendant's case if:-(a) The defendant is found incompetent to proceed;-(b) The charges against the defendant have not been dismissed-pursuant to this section; and-( c) The defendant's presentence confinement credit, including any-time period the defendant was committed for inpatient restoration SERVICES,-or confined in jail or another detention facility awaiting inpatient restoration-services, exceeds the maximum sentence for the defendant's highest charged-offense.-( 6) to ( 15) Repealed. IF THE CONDITIONS ALLOWING THE COURT TO-STAY A DISMISSAL APPLY, THE COURT SHALL STAY A DISMISSAL ORDERED-PURSUANT TO THIS SECTION IN ACCORDANCE WITH SECTION 16-8.5-117 OR-16-8.5-118.-(7) [Formerly 16-8.5-116.5 (13)] When the defendant is charged-with an offense in municipal court and the defendant is found incompetent-to proceed, or when civil commitment proceedings are initiated pursuant to-article 65 of title 27, the municipal court shall dismiss the case.-(8) [Formerly 16-8.5-116.5 (14)] If a defendant is in custody and the-PAGE 44-SENATE BILL 26-149-department CDHS does not comply with the time limits set forth in section-16-8.5-111 the defendant is subject to the time limits set furth in subsections-(2), (3), and (4) of this section SECTION 16-8.5-110, and, based upon the-best available evidence, the defendant will not be admitted to an inpatient-facility to begin restoration SERVICES within the time limits described in the-applicable subsection SUBSECTION ( 1 ), (2), OR (3) OF THIS SECTION, the court-may release the defendant or dismiss the case in lieu of the defendant-remaining in custody on a wait list for restoration services.-(9) [Formerly 16-8.5-116.5 (15)] When a defendant is in custody-and is found incompetent to proceed, at every subsequent review HEARING-of the defendant's case, the court shall make a finding on the record-regarding the expiration of applicable time limits set forth in this section.-(IO) [Formerly 16-8.5-116.5 (16)] If a defendant files a motion-alleging the court is required to dismiss the case because a time limit in this-section has expired, the defendant is entitled to a timely hearing and ruling-on the motion.-16-8.5-117. Initiation of civil proceeding - appointment of-bridges court liaison or guardian - extension - dismissal.-(1) IF THE COURT DETERMINES THERE IS A SUBSTANTIAL-PROBABILITY THAT THE DEFENDANT WILL BE FOUND UNRESTORABLE-PURSUANT TO SECTION 16-8.5-113, THE DEFENDANT WILL REACH THE-MAXIMUM TIME PERMITTED TO RESTORE THE DEFENDANT PURSUANT TO-SECTION 16-8.5-116, OR THE COURT WILL ORDER THE INITIATION OF A CIVIL-PROCEEDING PURSUANT TO THIS SECTION, THE COURT SHALL, UNLESS THE-COURT FINDS THERE IS AN ACCEPTABLE CARE COORDINATION ALTERNATIVE-ALREADY IN PLACE, APPOINT A BRIDGES COURT LIAISON TO PROVIDE-SERVICES AUTHORIZED IN ARTICLE 95 OF TITLE 13, WHICH MAY INCLUDE:-(a) ASSISTING WITH CASE PLANNING AND COORDINATING SERVICES-FOR THE DEFENDANT, INCLUDING COORDINATING WITH GOVERNMENTAL-ENTITIES OR COMMUNITY-BASED ORGANIZATIONS THAT ARE CAPABLE OF-PROVIDING RESOURCES TO THE DEFENDANT;-(b) IF THE DEFENDANT DOES NOT OBJECT, FACILITATING-PSYCHOLOGICAL ASSESSMENTS OF THE DEFENDANT TO HELP DETERMINE-APPROPRIATE LEVELS OF CARE;-PAGE 45-SENATE BILL 26-149-(c) IDENTIFYING AND INFORMING THE COURT AND PARTIES OF-APPROPRIATE LONG-TERM LEVEL OF CARE RECOMMENDATIONS AND-PLACEMENT AVAILABILITY;-( d) PROVIDING THE COURT WITH AN INDIVIDUALIZED RELEASE PLAN-DEVELOPED IN CONJUNCTION WITH ANY NECESSARY COMMUNITY PROVIDERS-AND ASSISTING WITH THE REINTEGRATION OF THE DEFENDANT INTO THE-COMMUNITY WITH APPROPRIATE SERVICES; AND-( e) COORDINATING, AS NEEDED, WITH THE OFFICE OF PUBLIC-GUARDIANSHIP, AN APPOINTED EMERGENCY GUARDIAN, CDHS, HCPF, OR-THE BHA FOR THE PURPOSE OF PROVIDING LONG-TERM CONTINUUM OF CARE-FOR THE DEFENDANT.-(2) (a) EXCEPT WHEN THE CITY AND COUNTY OF DENVER HAS-EXCLUSIVE ORIGINAL JURISDICTION OVER THE APPOINTMENT OF A GUARDIAN-PURSUANT TO SECTION 9 (3) OF ARTICLE VI OF THE STATE CONSTITUTION,-ANY INTERESTED PERSON, INCLUDING THE DEFENDANT'S ATTORNEY, MAY-PETITION THE CRIMINAL COURT FOR THE APPOINTMENT OF AN EMERGENCY-GUARDIAN PURSUANT TO SECTION 15-14-312 BY FILING A PETITION INTO THE-CRIMINAL CASE THAT SATISFIES THE REQUIREMENTS OF SECTION 15-14-312.-(b) IF THE CITY AND COUNTY OF DENVER DOES NOT HA VE EXCLUSIVE-ORIGINAL JURISDICTION OVER THE APPOINTMENT OF A GUARDIAN PURSUANT-TO SECTION 9 (3) OF ARTICLE VI OF THE STATE CONSTITUTION, THE COURT-SHALL HA VE JURISDICTION OVER THE PETITION AND SHALL APPOINT AN-EMERGENCY GUARDIAN TO THE DEFENDANT UPON SATISFACTION OF THE-REQUIREMENTS OF SECTION 15-14-312 AND THIS SUBSECTION (2).-( c) AT THE NEXT SCHEDULED HEARING IN THE PRESENCE OF THE-DEFENDANT FOLLOWING THE FILING OF A PETITION PURSUANT TO SECTION-15-14-312, THECOURTSHALLNOTIFYTHEDEFENDANTTHAT A PETITION FOR-EMERGENCY GUARDIANSHIP HAS BEEN FILED INTO THE CASE PURSUANT TO-SECTION 15-14-312 AND ADVISE THE DEFENDANT OF THE FOLLOWING:-(I) THE AUTHORITY THAT WOULD BE GRANTED TO THE EMERGENCY-GUARDIAN IF THE PETITION IS GRANTED;-(II) THE DEFENDANT'S RIGHT TO CONTEST THE APPOINTMENT OF AN-EMERGENCY GUARDIAN AT A HEARING; AND-PAGE 46-SENATE BILL 26-149-(III) THE DEFENDANT'S RIGHT TO A FREE ATTORNEY IF THE-DEFENDANT CHOOSES TO CONTEST THE APPOINTMENT OF AN EMERGENCY-GUARDIAN.-(d) NOTWITHSTANDING SECTION 15-14-312, THE COURT:-(I) SHALL NOT APPOINT AN ATTORNEY TO REPRESENT THE-DEFENDANT FOR THE PURPOSE OF CONTESTING THE APPOINTMENT OF AN-EMERGENCY GUARDIAN UNLESS THE DEFENDANT WISHES TO CONTEST THE-APPOINTMENT AND HAS NOT RETAINED AN ATTORNEY FOR THAT PURPOSE;-AND-(II) IS NOT REQUIRED TO PROVIDE THE DEFENDANT FURTHER NOTICE-OF THE PETITION BEYOND WHAT IS REQUIRED IN THIS SUBSECTION (2).-(e) THE COURT SHALL NOT APPOINT THE OFFICE OF STATE PUBLIC-DEFENDER OR THE OFFICE OF ALTERNATE DEFENSE COUNSEL TO REPRESENT-A CRIMINAL DEFENDANT RELATED TO THE APPOINTMENT OF AN EMERGENCY-GUARDIAN OR A MA TIER RELATED TO GUARDIANSHIP.-(3) THE COURT MAY ENTER LAWFUL ORDERS REQUESTED BY THE-DEFENDANT, THE APPOINTED BRIDGES COURT LIAISON, OR THE APPOINTED-EMERGENCYGUARDIANTOASSISTORFACILITATETHEWORKOFTHEBRIDGES-COURT LIAISON OR THE APPOINTED EMERGENCY GUARDIAN.-(4) (a) IFTHE COURT HAS MADE A FINAL DETERMINATION THAT THE-DEFENDANT IS INCOMPETENT TO PROCEED, THE COURT MAY ORDER THE-COUNTY ATTORNEY TO INITIATE A CIVIL PROCEEDING AGAINST THE-DEFENDANT WHILE THE CRIMINAL PROCEEDINGS AGAINST THE DEFENDANT-ARE ONGOING IF:-(I) A COMPETENCY EVALUATOR OR A PROFESSIONAL PERSON, AS-DEFINED IN SECTION 27-65-102, OR AN INTERVENING PROFESSIONAL, AS-DEFINED IN SECTION 27-65-102, WHO IS ACTING WITHIN THE SCOPE OF THEIR-AUTHORITY AND WHO HAS AN ESTABLISHED TREATMENT RELATIONSHIP WITH-THE DEFENDANT, OPINES THAT THE DEFENDANT MEETS THE CRITERIA FOR-CERTIFICATION FOR SHORT-TERM TREATMENT OR LONG-TERM CARE AND-TREATMENT PURSUANT TO SECTION 27-65-108.3, FOR PROTECTIVE-PLACEMENT PURSUANT TO SECTION 25.5-10-502, OR FOR IMPOSITION OF A-LEGAL DISABILITY OR REMOVAL OF A LEGAL RIGHT PURSUANT TO SECTION-PAGE 47-SENATE BILL 26-149-25.5-10-216; AND-(II) ONE OF THE FOLLOWING INDIVIDUALS REQUESTS THE COURT TO-ORDER THE INITIATION OF A CIVIL PROCEEDING:-(A) THE DISTRICT ATTORNEY;-(8) THE COUNTY ATTORNEY;-(C) A GUARDIAN, IF ONE IS APPOINTED;-(D) THE PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL-WHO OPINED THE DEFENDANT MEETS THE CRITERIA FOR A CIVIL PROCEEDING-IF THE PROFESSIONAL PERSON'S OR INTERVENING PROFESSIONAL'S OPINION-IS NOT THE RESULT OF WORK PERFORMED AS PART OF EMPLOYMENT OR A-CONTRACT WITH THE BHA OR WITH CDHS; OR-(E) A REPRESENTATIVE DESIGNATED BY THE BHA OR WITH CDHS-TO MAKE A REQUEST.-(b) NOTWITHSTANDING SUBSECTION (4)(a)(II) OF THIS SECTION, IF-ANY OF THE DEFENDANT'S CHARGES INCLUDE A FELONY, THE COURT MAY-ORDER THE COUNTY ATTORNEY TO INITIATE A CIVIL PROCEEDING ONLY IF-THE DISTRICT ATTORNEY CONSENTS TO THE INITIATION OF A CIVIL-PROCEEDING.-(5) (a) (I) DURING THE PENDENCY OF THE CRIMINAL CASE, THE-DEFENDANT, THE DEFENDANT'S ATTORNEY IN THE CRIMINAL CASE, AND THE-PROSECUTING ATTORNEY IN THE CRIMINAL CASE MAY ACCESS THE-FOLLOWING INFORMATION AND RECORDS THAT RELATE TO A CIVIL-PROCEEDING INITIATED AGAINST THE DEFENDANT:-(A) WHETHER A CIVIL PROCEEDING IS PENDING AGAINST THE-DEFENDANT AND, IF SO, THE DA TE AND TIME OF THE CIVIL PROCEEDING AND-THE FINAL DISPOSITION OF THE CIVIL PROCEEDING, REGARDLESS OF WHETHER-THE CIVIL PROCEEDING IS CONFIDENTIAL OR CLOSED TO THE PROSECUTING-ATTORNEY OR THE DEFENDANT'S ATTORNEY IN THE CRIMINAL CASE; AND-(8) WHETHER THE COURT PREVIOUSLY ORDERED CERTIFICATION FOR-SHORT-TERM TREATMENT PURSUANT TO SECTION 27-65-108.5, 27-65-109,-PAGE 48-SENATE BILL 26-149-OR 27-65-109.5, CERTIFICATION FOR LONG-TERM CARE AND TREATMENT-PURSUANT TO SECTION 27-65-110, PROTECTIVE PLACEMENT PURSUANT TO-SECTION 25.5-10-502, OR IMPOSITION OF A LEGAL DISABILITY OR REMOVAL-OF A LEGAL RIGHT PURSUANT TO SECTION 25.5-10-216.-(II) ANY INFORMATION ACCESSED PURSUANT TO SUBSECTION-(5)(a)(I) OF THIS SECTION IS CONFIDENTIAL UNLESS THE DISCLOSURE IS-OTHERWISE AUTHORIZED BY LAW.-(b) IF A PETITION FOR A CIVIL PROCEEDING IS FILED AGAINST THE-DEFENDANT AS A RESULT OF THE COURT'S ORDER PURSUANT TO SUBSECTION-(4)(a) OF THIS SECTION, THE PETITIONER SHALL FILE A NOTICE IN THE-DEFENDANT'S CRIMINAL CASE.-(6) THE COURT SHALL ORDER THE COUNTY ATTORNEY TO INITIATE-A CIVIL PROCEEDING AGAINST THE DEFENDANT AND ST A Y THE ORDER-DISMISSING THE DEFENDANT'S CRIMINAL CASE FOR THIRTY-FIVE DAYS IF:-(a) THE COURT ORDERS DISMISSAL OF THE CASE PURSUANT TO-SECTION 16-8.5-109 (4), 16-8.5-113 (4)(b), OR 16-8.5-116, OR, IF THE-DEFENDANT IS INCOMPETENT, THE DISTRICT ATTORNEY VOLUNTARILY-MOVES TO DISMISS THE CASE AND REQUESTS THE COUNTY ATTORNEY OR THE-APPOINTED EMERGENCY GUARDIAN TO INITIATE A CIVIL PROCEEDING;-(b) A COMPETENCY EVALUATOR OR A PROFESSIONAL PERSON, AS-DEFINED IN SECTION 27-65-102, OR AN INTERVENING PROFESSIONAL, AS-DEFINED IN SECTION 27-65-102, WHO IS ACTING WITHIN THE SCOPE OF THEIR-AUTHORITY AND WHO HAS AN ESTABLISHED TREATMENT RELATIONSHIP WITH-THE DEFENDANT OPINES THAT THE DEFENDANT MEETS THE CRITERIA FOR-CERTIFICATION FOR SHORT-TERM TREATMENT OR LONG-TERM CARE AND-TREATMENT PURSUANT TO SECTION 27-65-108.3, FOR PROTECTIVE-PLACEMENT PURSUANT TO SECTION 25.5-10-502, OR IMPOSITION OF A LEGAL-DISABILITY OR REMOVAL OF A LEGAL RIGHT PURSUANT TO SECTION-25.5-10-216; AND-( c) ONE OF THE FOLLOWING INDIVIDUALS REQUESTS THE COURT TO-ORDER THE INITIATION OF A CIVIL PROCEEDING:-(I) THE DISTRICT ATTORNEY;-PAGE 49-SENATE BILL 26-149-(II) THE COUNTY ATTORNEY;-(III) THE APPOINTED EMERGENCY GUARDIAN;-(IV) THE PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL-WHO OPINED PURSUANTTOSUBSECTION (4)(a)(l) OF THIS SECTIONTHATTHE-DEFENDANT MEETS THE CRITERIA FOR A CIVIL PROCEEDING IF THE-PROFESSIONAL PERSON'S OR INTERVENING PROFESSIONAL'S OPINION IS NOT-THERESULTOFWORKPERFORMEDASPARTOFEMPLOYMENTORACONTRACT-WITH THE BHA OR WITH CDHS; OR-(V) A REPRESENTATIVE DESIGNATED BY THE BHA OR WITH CDHS-TO MAKE A REQUEST.-(7) NOTWITHSTANDING SUBSECTIONS ( 4) AND ( 6) OF THIS SECTION,-IF AN APPOINTED EMERGENCY GUARDIAN BELIEVES IN THEIR PROFESSIONAL-JUDGMENT THAT A CIVIL PROCEEDING SHOULD BE INITIATED, THE COURT-SHALL ALLOW THE EMERGENCY GUARDIAN TO INITIATE THE CIVIL-PROCEEDING IN LIEU OF ORDERING THE COUNTY ATTORNEY TO INITIATE THE-CIVIL PROCEEDING.-(8) (a) THE COURT SHALL GRANT AN UNLIMITED NUMBER OF-THIRTY-FIVE-DAY EXTENSIONS TO STAY THE ORDER DISMISSING THE-DEFENDANT'S CASE IF THE DEFENDANT CONSENTS TO THE EXTENSION.-(b) IF THE DEFENDANT DOES NOT CONSENT TO AN EXTENSION TO-STAY THE ORDER, THE COURT SHALL GRANT NO MORE THAN FOUR-ADDITIONAL EXTENSIONS, SO LONG AS THE TOTAL EXTENSIONS DO NOT-EXCEED ONE HUNDRED SEVENTY-FIVE DAYS, IF:-(I) THE PROSECUTING ATTORNEY REQUESTS AN EXTENSION,-REGARDLESS OF WHETHER THE DEFENDANT CONSENTS TO THE EXTENSION;-(II) THE COURT FINDS GOOD CAUSE; AND-(III) THE DEFENDANT IS CHARGED WITH AN ACT THAT CONSTITUTES-HOMICIDE PURSUANT TO PART 1 OF ARTICLE 3 OF TITLE 18; A CRIME OF-VIOLENCE, AS DEFINED IN SECTION 18-1.3-406 (2); OR A FELONY THAT-CONSTITUTES UNLAWFUL SEXUAL BEHAVIOR, AS DEFINED IN SECTION-16-22-102.-PAGE 50-SENA TE BILL 26-149-(c) IF THE DEFENDANT DOES NOT CONSENT TO AN EXTENSION TO-STAYTHEORDER, THECOURTSHALLGRANTNOMORETHANONEADDITIONAL-EXTENSION, SO LONG AS THE EXTENSION DOES NOT EXCEED SEVENTY DAYS,-IF:-(I) THE PROSECUTING ATTORNEY REQUESTS AN EXTENSION,-REGARDLESS OF WHETHER THE DEFENDANT CONSENTS TO THE EXTENSION;-(II) THE COURT FINDS GOOD CAUSE; AND-(III) THE DEFENDANT IS NOT CHARGED WITH A CRIME OF VIOLENCE,-AS DEFINED IN SECTION 18-1.3-406 (2), OR A FELONY THAT CONSTITUTES-UNLAWFUL SEXUAL BEHAVIOR, AS DEFINED IN SECTION 16-22-102.-( d) FOR THE PURPOSE OF THIS SUBSECTION (8), GOOD CAUSE DOES-NOT INCLUDE REFUSAL OR FAILURE TO TIMELY FILE A PETITION FOR A CIVIL-PROCEEDING PURSUANT TO SUBSECTION ( 4) OF THIS SECTION.-( e) AN EXTENSION GRANTED PURSUANT TO SUBSECTION (8)(b) OR-(8)(c) OF THIS SECTION IS IN ADDITION TO THE INITIAL STAY AUTHORIZED-PURSUANT TO SUBSECTION (6)(a) OF THIS SECTION.-(f) AFTER A STAY OF DISMISSAL ENDS PURSUANT TO THIS-SUBSECTION (8), THE COURT SHALL DISMISS THE DEFENDANT'S CRIMINAL-CASE UNLESS THE ST A Y REMAINS IN EFFECT PURSUANT TO SECTION-16-8.5-118. AFTER THE DEFENDANT'S CASE IS DISMISSED, THE COURT SHALL-NOTIFY CDHS OF THE DISMISSAL, IN WRITING, AND THE REASON FOR THE-DISMISSAL.-(9) PRIOR TO ORDERING THE COUNTY ATTORNEY TO INITIATE A CIVIL-PROCEEDING PURSUANT TO SUBSECTION (4) OR (6) OF THIS SECTION, THE-COURT SHALL CONSIDER ANY OBJECTIONS FROM THE DEFENDANT.-(10) IF THE COURT ORDERS THE COUNTY ATTORNEY TO INITIATE A-CIVIL PROCEEDING PURSUANT TO SUBSECTION ( 4) OR ( 6) OF THIS SECTION,-THE COURT SHALL SERVE THE COUNTY ATTORNEY WITH A WRITTEN ORDER-THAT:-(a) STATES THE FACTUAL AND LEGAL BASIS FOR THE ORDER;-PAGE 51-SENATE BILL 26-149-(b) SETS A DEADLINE FOR THE COUNTY ATTORNEY TO INITIATE A-CIVIL PROCEEDING NO LATER THAN TWENTY-ONE DAYS AFTER THE COURT'S-ORDER;-( C) IDENTIFIES THE SPECIFIC CIVIL PROCEEDINGS THE COURT INTENDS-THE COUNTY A TI'ORNEY TO INITIATE; AND-( d) INCLUDES ANY ORDERS THE COURT ISSUED PURSUANT TO THIS-SECTION.-(11) THE COUNTY ATTORNEY OR THE APPOINTED EMERGENCY-GUARDIAN MAY OBJECT TO THE ORDER TO INITIATE A CIVIL PROCEEDING-WITHIN SEVEN DAYS AFTER RECEIVING THE COURT ORDER SERVED PURSUANT-TO SUBSECTION ( 10) OF THIS SECTION AND MAY REQUEST A HEARING. IF THE-COUNTY ATTORNEY OR THE APPOINTED EMERGENCY GUARDIAN FILES AN-OBJECTION, THE COURT SHALL SET A HEARING FORTHWITH AND RULE ON THE-COUNTY ATfORNEY'S OBJECTION BY EITHER VACATING, MODIFYING, OR-AFFIRMING THE COURT'S ORDER TO INITIATE A CIVIL PROCEEDING.-(12) IF THE COURT ORDERS THE COUNTY ATTORNEY TO INITIATE A-CIVIL PROCEEDING AGAINST THE DEFENDANT:-(a) THE COURT MAY, UPON THE COURT'S OWN MOTION, FORGO AN-ORDER FOR RESTORATION SERVICES AND DISMISS THE CHARGES AGAINST THE-DEFENDANT WITHOUT PREJUDICE IF THE DEFENDANT'S HIGHEST CHARGED-OFFENSE IS A MISDEMEANOR THAT IS NOT SUBJECT TO DISMISSAL PURSUANT-TO SECTION 16-8.5-109 (4).-(b) THE DISTRICT ATTORNEY AND CDHS SHALL TRANSMIT ALL-NECESSARY INFORMATION TO THE COUNTY ATTORNEY OR THE APPOINTED-EMERGENCY GUARDIAN, INCLUDING THE DEFENDANT'S MEDICAL RECORDS,-COMPETENCY EVALUATIONS, MATERIALS USED DURING THE COMPETENCY-PROCESS, AND RESTORATION RECORDS.-(13) IF THE COURT ORDERS DISMISSAL OF THE CASE PURSUANT TO-SECTION 16-8.5-109 (4), 16-8.5-113 (4)(b), OR 16-8.5-116; THE COURT DOES-NOT ORDER THE COUNTY ATTORNEY TO INITIATE A CIVIL PROCEEDING; AND-THE CASE IS NOT STAYED PURSUANT TO SECTION 16-8.5-118, THE COURT-SHALL DISMISS THE CASE.-PAGE 52-SENATE BILL 26-149-16-8.5-118. Civil commitment and enhanced protective-placement for incompetent and unrestorable defendants - report --repeal.-( 1) (a) IF THE DEFENDANT IS UNRESTORABLE PURSUANT TO SECTION-16-8.5-113 OR THE DEFENDANT HAS REACHED THE MAXIMUM TIME-PERMITTEDTORESTORETHEDEFENDANTPURSUANTTOSECTION 16-8.5-116,-THE PROSECUTION MAY NOTIFY THE COURT THAT THE PROSECUTION SEEKS-CIVIL COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT OF THE-DEFENDANT PURSUANT TO THIS SECTION.-(b) IF THE PROSECUTION VERBALLY NOTIFIES THE COURT PURSUANT-TO SUBSECTION (l)(a) OF THIS SECTION, THE COURT SHALL ORDER THE-PROSECUTION TO FILE WRITTEN NOTICE WITHIN SEVEN DAYS AFTER THE-VERBAL NOTIFICATION AND PROVIDE THE NOTICE TO THE PARTIES, CDHS,-AND THE COUNTY ATTORNEY. THE NOTICE MUST INCLUDE THE ACTS UPON-WHICH THE PROSECUTION INTENDS TO RELY UPON AT TRIAL THAT THE-PROSECUTION ALLEGES SATISFY SUBSECTION (6)(b) OF THIS SECTION. THE-PROSECUTION SHALL NOT ALLEGE ACTS FOR WHICH THE DEFENDANT HAS-BEEN ACQUITTED OR CONVICTED.-( C) UPON THE PROSECUTION PROVIDING WRITTEN NOTICE TO THE-COURT PURSUANT TO SUBSECTION (l)(b) OF THIS SECTION, THE COURT-SHALL:-(I) ST A Y THE ORDER DISMISSING THE DEFENDANT'S CRIMINAL CASE;-(II) SET A TRIAL WITHIN NINETY-ONE DAYS AFTER THE DA TE THE-WRITTEN NOTICE WAS FILED OR, WITH BOTH PARTIES' CONSENT, ANY DATE-AGREEABLE TO THE PARTIES; AND-(Ill) ORDER CDHS TO IDENTIFY AN APPROPRIATE PROVIDER AND-PLACEMENT FOR THE DEFENDANT IN THE EVENT A CIVIL COMMITMENT OR AN-ENHANCED PROTECTIVE PLACEMENT IS GRANTED AND TO KEEP THE COURT-INFORMED IN WRITING OF AVAILABLE PLACEMENT OPTIONS.-(2) AT ANY TIME FOLLOWING THE PROSECUTION'S WRITTEN NOTICE-PROVIDED PURSUANT TO SUBSECTION (l)(b) OF THIS SECTION AND UPON-REQUEST OF THE DEFENDANT, THE BRIDGES COURT LIAISON, OR CDHS, THE-COURT MAY APPOINT AN EMERGENCY GUARDIAN PURSUANT TO SECTION-PAGE 53-SENATE BILL 26-149-16-8.5-117 (2).-(3) THE COURT MAY CONTINUE THE TRIAL FOR GOOD CAUSE SHOWN;-EXCEPT THAT THE COURT SHALL COMMENCE THE TRIAL WITHIN ONE-HUNDRED EIGHTY-TWO DAYS AFTER THE DATE THE PROSECUTION GIVES-NOTICE PURSUANT TO SUBSECTION ( 1) OF THIS SECTION AND CONCLUDE THE-TRIAL WITHIN A REASONABLE TIME. DELAYS ATTRIBUTABLE TO THE-DEFENDANT, INCLUDING A REQUEST FOR A CONTINUANCE OF THE TRIAL,-MUST BE EXCLUDED FROM THE TIME LIMITS SET FORTH IN THIS SUBSECTION-(3 ). IF THE TRIAL IS NOT COMMENCED WITHIN THE TIME LIMITS SET FORTH IN-THIS SUBSECTION (3), THE COURT SHALL END THE STAY AND DISMISS THE-CASE AGAINST THE DEFENDANT IF THE DEFENDANT FILED A MOTION TO-DISMISS PRIOR TO THE COMMENCEMENT OF THE TRIAL. IF THE DEFENDANT-FAILED TO FILE A MOTION TO DISMISS PRIOR TO COMMENCEMENT OF THE-TRIAL, THE FAILURE TO FILE A MOTION TO DISMISS IS A WAIVER OF THE-DEFENDANT'S RIGHTS PURSUANT TO THIS SUBSECTION (3).-(4) (a) THE TRIAL MUST BE CIVIL IN NATURE BUT CONDUCTED IN-ACCORDANCE WITH THE COLORADO RULES OF EVIDENCE. A DISTRICT COURT-JUDGE OR, WITH THE CONSENT OF BOTH PARTIES, A COUNTY COURT JUDGE OR-A MAGISTRATE ASSIGNED BY THE CHIEF JUDGE OF THE JUDICIAL DISTRICT-SHALL SERVE AS THE FINDER OF FACT.-(b) (I) UPON SETTING THE TRIAL, THE COURT SHALL ORDER, IN-WRITING, THE EXCHANGE OF RELEVANT DISCOVERY FOR THE PURPOSE OF-ENSURING A FAIR AND EXPEDITIOUS TRIAL FOR BOTH PARTIES, INCLUDING,-AT A MINIMUM, THE TIMELY DISCLOSURE OF THE WITNESSES AND EVIDENCE-THE PARTIES INTEND TO RELY UPON AT TRIAL.-(II) THE COURT MAY ORDER THE PARTIES TO COMPLY WITH-RELEVANT PROVISIONS OF RULE 16 OF THE COLORADO RULES OF CRIMINAL-PROCEDURE, BUT ONLY TO THE EXTENT REASONABLE FOR THE CIVIL TRIAL-AND IN FURTHERANCE OF THE LIMITED PURPOSE OF THIS SECTION.-( c) THE PARTIES MAY ISSUE SUBPOENAS PURSUANT TO RULE 17 OF-THE COLORADO RULES OF CRIMINAL PROCEDURE TO COMPEL THE-ATTENDANCE OF WITNESSES AT TRIAL.-(5) (a) THE DEFENDANT MAY REQUEST TO STIPULATE THAT THE-COURT ORDER CIVIL COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT-PAGE 54-SENATE BILL 26-149-RATHER THAN CONTESTING THE MATTER AT A TRIAL. THE COURT SHALL-ALLOW THE DEFENDANT TO STIPULATE TO THE COURT ORDERING A CIVIL-COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT ONLY IF:-(I) THE COURT CONFIRMS THE DEFEND A NT HAS BEEN FULLY ADVISED-OF THE CONSEQUENCES AND THE RIGHTS THE DEFENDANT IS WAIVING,-INCLUDING THE RIGHT TO A COURT TRIAL;-(II) THE STIPULATION IS IN WRITING AND STATED ON THE RECORD AT-A HEARING AT WHICH THE DEFENDANT APPEARS, WITH THE CONSENT OF ANY-GUARDIAN THAT HAS BEEN APPOINTED;-(III) THE COURT FINDS THE DEFENDANT UNDERSTANDS THE-STIPULATION AND THAT THE STIPULATION IS VOLUNTARY DESPITE THE-DEFENDANT BEING INCOMPETENT TO PROCEED; AND-(IV) THE PARTIES ESTABLISH A FACTUAL BASIS.-(b) ANY STIPULATION OR ADMISSION MADE AS PART OF THE-STIPULATION TO IMPOSE A CIVIL COMMITMENT OR ENHANCED PROTECTIVE-PLACEMENT IS NOT ADMISSIBLE IN ANY FUTURE CRIMINAL PROSECUTION TO-PROVE ANY ACT ALLEGED IN THE WRITTEN NOTICE SEEKING THE CIVIL-COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT.-( 6) AT TRIAL, THE PROSECUTION SHALL PROVE BY CLEAR AND-CONVINCING EVIDENCE THAT:-(a) THE DEFENDANT HAS AMENT AL DISABILITY OR DEVELOPMENT AL-DISABILITY;-(b) (I) THE DEFENDANT COMMITTED AN ACT THAT, IN THE ABSENCE-OF ANY MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY, WOULD-CONSTITUTE:-(A) HOMICIDE PURSUANT TO PART 1 OF ARTICLE 3 OF TITLE 18;-(B) A CRIME OF VIOLENCE, AS DEFINED IN SECTION 18-1.3-406 (2);-OR-( C) A FELONY THAT CONSTITUTES UNLAWFUL SEXUAL BEHAVIOR, AS-PAGE 55-SENATE BILL 26-149-DEFlNED IN SECTION 16-22-102; AND-(II) THE ACT DESCRIBED lN SUBSECTION (6)(b)(I) OF THIS SECTION-THA TTHE DEFENDANT IS ALLEGED TO HA VE COMMITTED IS OR WAS CHARGED-IN A CRIMINAL CASE IN COLORADO IN WHICH COMPETENCY WAS RAlSED; AND-( c) THE DEFENDANT POSES A SUBSTANTIAL RISK OF SERIOUS HARM-TO OTHERS.-(7) (a) WHEN DETERMINlNG WHETHER THE PROSECUTION HAS MET-ITS BURDEN PURSUANT TO SUBSECTION (6)(b) OF THIS SECTION:-(I) THE DEFENDANT IS NOT PERMITTED TO RAISE, AND THE COURT-SHALL NOT CONSIDER, A DEFENSE BASED ON A MENTAL DISABILITY OR-DEVELOPMENT AL DISABILITY, INCLUDING AMENT AL DISEASE OR DEFECT, AS-DEFINED IN SECTION 16-8-102, INCLUDING, BUT NOT LIMITED TO, A DEFENSE-RAISED PURSUANT TO ARTICLE 8 OF TITLE 16 OR ANY DEFENSE THAT IS AN-ELEMENT-NEGATING TRAVERSE BASED ON A MENTAL DISEASE OR DEFECT;-(II) THE DEFENDANT IS NOT PERMITTED TO RAISE, AND THE COURT-SHALL NOT CONSIDER, A DEFENSE OF lNTOXlCATION, AS DEFINED IN SECTION-18-1-804, EXCEPT FOR INTOXICATION THAT IS NOT SELF-INDUCED PURSUANT-TO SECTION 18-1-804 (3); AND-(III) THE DEFENDANT IS PERMITTED TO RAISE OTHER DEFENSES THAT-ARE NOT BASED ON A MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY,-INCLUDING AFFlRMATlVE DEFENSES, EXCEPT AS PROVIDED IN THIS-SUBSECTION (7).-(b) WHEN DETERMINING WHETHER TO PERMIT A DEFENDANT TO-RAISE A DEFENSE PURSUANT TO THIS SUBSECTION (7), THE COURT SHALL-CONSIDER THE NEED TO ENSURE FAIRNESS AND DUE PROCESS TO BOTH-PARTIES WITHOUT FRUSTRATING THE INTENDED FUNCTIONING AND LIMITED-PURPOSE OF THE CIVIL PROCEEDING.-( c) THE PROSECUTION SHALL NOT ALLEGE, AND THE COURT SHALL-NOT CONSIDER, AN ACT OR SERIES OF ACTS FOR WHICH THE DEFENDANT WAS-ACQUITTED OR CONVICTED AS THE QUALIFYING ACTS SATISFYING THE-CRITERIA LISTED IN SUBSECTION (6)(b) OF THIS SECTION, BUT THE COURT-MAY ADMIT EVIDENCE OF AN ACT OR A SERIES OF ACTS FOR WHICH THE-PAGE 56-SENATE BILL 26-149-DEFENDANT WAS ACQUITTED OR CONVICTED IF OTHERWISE ADMISSIBLE-PURSUANT TO THE COLORADO RULES OF EVIDENCE AND RELEVANT TO THE-CRITERIA LISTED IN SUBSECTION (6)(a) OR (6)(c) OF THIS SECTION.-(d) (I) PRIOR TO TRIAL, THE COURT SHALL FIND THAT THE-PROSECUTION HAS MET THE REQUIREMENTS IN SUBSECTION ( 6)(b )(II) OF THIS-SECTION IF AN ACT ALLEGED TO SATISFY THE REQUIREMENT OF SUBSECTION-(6)(b )(I) OF THIS SECTION rs:-(A) CHARGED IN THE CURRENT CASE; OR-(B) CHARGEDINANOTHERPENDINGCASEINTHESAMEJURlSDICTION-AND COMPETENCY WAS RAISED IN THE CASE.-(II) PRIOR TO TRIAL, THE COURT MAY FIND THAT THE PROSECUTION-HAS MET THE REQUIREMENTS IN SUBSECTION ( 6)(b )(II) OF THIS SECTION IF:-(A) WITHOUT ADMITTING TO COMMITTING ANY ACTS, THE-DEFENDANT STIPULATES THE DEFENDANT WAS CHARGED WITH AN ACT THAT-MEETS THE REQUIREMENTS OF SUBSECTION ( 6)(b )(II) OF THIS SECTION; OR-(B) THE PROSECUTION FILES WITH THE COURT CERTIFIED COURT-RECORDS FROM ANOTHER CRIMINAL CASE, CURRENT OR DISMISSED, THAT-DEMONSTRATE BY CLEAR AND CONVINCING EVIDENCE THAT THE-REQUIREMENTS OF SUBSECTION (6)(b)(II) OF THIS SECTION ARE SATISFIED.-(8) (a) PRIORTOTRIAL, THECOURTSHALLREQUIRETHEDEFENDANT-TO STATE WHETHER THE DEFENDANT CONTESTS THAT THE DEFENDANT HAS-A MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY.-(b) IF THE DEFENDANT DOES NOT CONTEST THAT THE DEFENDANT-HAS A MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY, THE COURT-SHALL TREAT THIS FACT AS PROVEN AND SHALL NOT REQUIRE THE-PROSECUTION TO PRODUCE ANY EVIDENCE TO PROVE THE FACT AT TRIAL.-( c) (I) IF THE DEFENDANT CONTESTS THAT THE DEFENDANT HAS A-MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY, THE COURT SHALL-REVIEW THE RECORD AND DETERMINE IF THE DEFENDANT OR DEFENSE-COUNSEL RAISED THE ISSUE OF THE DEFENDANT BEING INCOMPETENT OR-FAILED TO OBJECT TO A FINDING THAT THE DEFENDANT IS INCOMPETENT.-PAGE 57-SENATE BILL 26-149-(II) IF THE COURT FINDS THE DEFENDANT OR DEFENSE COUNSEL-RAISED THE ISSUE OF THE DEFENDANT BEING INCOMPETENT OR FAILED TO-OBJECT TO A FINDING THAT THE DEFENDANT IS INCOMPETENT, THE COURT-SHALL FIND THE DEFENDANT HAS PREVIOUSLY STIPULATED THAT THE-DEFENDANT HAS A MENTAL DISABILITY OR DEVELOPMENTAL DISABILITY. IF-THE COURT MAKES A FINDING, THE COURT SHALL FIND THE DEFENDANT HAS-STIPULATED THAT THE DEFENDANT HAS A MENTAL DISABILITY OR-DEVELOPMENTAL DISABILITY AND FIND IN FAVOR OF THE PROSECUTION AT-TRIAL WITH REGARD TO SUBSECTION (6)(a) OF THIS SECTION.-(Ill) IF THE COURT FINDS THAT THE PROSECUTION OR COURT RAISED-THE ISSUE OF COMPETENCY OVER THE DEFENDANT'S OBJECTION AND THE-DEFENDANT CONSISTENTLY MAINTAINED AN OBJECTION BY ARGUING THE-DEFENDANT IS COMPETENT TO PROCEED, THE PROSECUTION HAS THE BURDEN-TO PROVE BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT HAS-A MENTAL DISABILITY OR DEVELOPMENT AL DISABILITY PURSUANT TO-SUBSECTION (6)(a) OF THIS SECTION.-( d) AT TRIAL, THE COURT:-(I) SHALL ADMIT ANY COMPETENCY REPORTS AND ANY TRANSCRIPTS-OF PRIOR COMPETENCY OR RESTORABILITY HEARINGS SO LONG AS THE-COMPETENCY EVALUATOR WHO COMPLETED THE REPORT IS AVAILABLE FOR-CROSS-EXAMINATION;-(11) MAY TAKE JUDICIAL NOTICE OF ANY PRIOR FINDING THAT THE-DEFENDANT IS INCOMPETENT TO PROCEED AND THE ST AND ARD OF PROOF TO-WHICH THE PRIOR FINDING WAS MADE; AND-(III) SUBJECT TO CONSTITUTIONAL LIMITATIONS AND THE COLORADO-RULES OF EVIDENCE, SHALL ALLOW ADMISSION OF ANY EVIDENCE FROM-PRIOR COURT PROCEEDINGS THAT BEAR ON THE QUESTION OF WHETHER THE-DEFENDANT HAS A MENTAL DISABILITY OR DEVELOPMENT AL DISABILITY.-(9) AT TRIAL, WHEN DETERMINING WHETHER THE DEFENDANT POSES-A SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS, IF THE DEFENDANT IS IN-CUSTODY OR AT THE STATE HOSPITAL, THE COURT SHALL ASSESS THE-DEFENDANT AS IF THE DEFENDANT WERE IN THE COMMUNITY. THE COURT-SHALL NOT FIND THE DEFENDANT DOES NOT POSE A SUBSTANTIAL RISK OF-SERIOUS HARM TO OTHERS MERELY BECAUSE THE DEFENDANT IS IN CUSTODY-PAGE 58-SENATE BILL 26-149-OR AT THE ST A TE HOSPITAL.-( 10) IF THE COURT FINDS THAT THE PROSECUTION DID NOT MEET ONE-OR MORE OF THE REQUIREMENTS DESCRIBED IN SUBSECTION (6) OF THIS-SECTION, THE COURT SHALL DENY THE PROSECUTION'S REQUEST TO CIVILLY-COMMIT OR ORDER THE ENHANCED PROTECTIVE PLACEMENT OF THE-DEFENDANT AND SHALL DISMISS THE DEFENDANT'S CASE; EXCEPT THAT THE-COURT MAY CONSIDER WHETHER TO ORDER OTHER CIVIL PROCEEDINGS-PURSUANT TO SECTION 16-8.5-117.-(11) (a) IF THE COURT FINDS THAT THE PROSECUTION MET THE-REQUIREMENTS DESCRIBED IN SUBSECTION ( 6) OF THIS SECTION, THE COURT-SHALL:-(I) ORDER THE CIVIL COMMITMENT OR ENHANCED PROTECTIVE-PLACEMENT OF THE DEFENDANT IN ACCORDANCE WITH SUBSECTION ( 12) OF-THIS SECTION;-(II) PLACE THE DEFENDANT AND ISSUE ANY RELATED ORDERS-PURSUANT TO SUBSECTION (13) OF THIS SECTION; AND-(III) TRANSFER JURISDICTION OF THE CIVIL COMMITMENT OR-ENHANCED PROTECTIVE PLACEMENT TO AN APPROPRIATE CIVIL COURT WITH-JURISDICTION AND DISMISS THE CASE IN ACCORDANCE WITH SUBSECTION-(14) OF THIS SECTION.-(b) THE COURT HAS SEVENTY DAYS TO PLACE THE DEFENDANT AND-TRANSFER JURISDICTION TO THE APPROPRIATE CIVIL COURT; EXCEPT THAT-THE COURT MAY EXTEND THE TIME LIMIT WITH THE CONSENT OF THE-DEFENDANT. THE COURT SHALL ORDER THE PLACEMENT AND TRANSFER-JURISDICTION AS SOON AS PRACTICABLE.-(12) (a) IF THE COURT FINDS THAT THE PROSECUTION MET THE-REQUIREMENTS DESCRIBED IN SUBSECTION (6) OF THIS SECTION OR IF THE-COURT ACCEPTS THE DEFENDANT'S STIPULATION TO CIVIL COMMITMENT OR-ENHANCED PROTECTIVE PLACEMENT, THE COURT SHALL MAKE A FINDING OF-THE DEFENDANT'S PRIMARY DIAGNOSIS THAT CONSTITUTES THE MENTAL-DISABILITY OR DEVELOPMENT AL DISABILITY. THE COURT SHALL ORDER THE-DEFENDANT CIVILLY COMMITTED TO THE LEGAL CUSTODY OF CDHS AND-SUPERVISED PURSUANT TO SECTION 27-65-201, UNLESS THE DEFENDANT'S-PAGE 59-SENATE BILL 26-149-PRIMARY DIAGNOSIS IS AN INTELLECTUAL AND DEVELOPMENT AL DISABILITY-OR A NEUROCOGNITIVE DISORDER, AS THOSE TERMS ARE DEFINED IN SECTION-25.5-10-501, IN WHICH CASE, THE COURT SHALL ORDER AN ENHANCED-PROTECTIVE PLACEMENT AND LEGAL CUSTODY OF THE DEFENDANT TO THE-DEPARTMENT OF HEALTH CARE POLICY AND FINANCING AND SUPERVISED-PURSUANT TO SECTION 25 .5-10-507. AT ANY TIME PRIOR TO TRANSFERRING-JURISDICTION TO A CIVIL COURT, THE COURT MAY, UPON A-RECOMMENDATION FROM CDHS, CHANGE THE DESIGNATION OF THE-PRIMARY DIAGNOSIS AND CONVERT THE ORDER TO CIVIL COMMITMENT OR-ENHANCED PROTECTIVE PLACEMENT, AS APPROPRIATE, BASED ON THE-DETERMINATION OF CDHS.-(b) THE COURT SHALL ISSUE ITS FINDINGS AND ORDERS PURSUANT TO-THIS SECTION IN WRITING. WHEN THE COURT TRANSFERS JURISDICTION TO-A CIVIL COURT PURSUANT TO SECTION 27-65-113 OR 25.5-10-509, THE-COURT SHALL SEND THE CIVIL COURT RECEIVING JURISDICTION ALL THE-WRITTEN FINDINGS AND ORDERS ENTERED PURSUANT TO THIS SECTION.-(13) (a) WHEN THE COURT ORDERS A CIVIL COMMITMENT OR-ENHANCED PROTECTIVE PLACEMENT, IF CDHS PROPOSES PLACING THE-DEFENDANT INTO INPATIENT CARE, THE COURT SHALL ORDER, WITHOUT-FURTHERCOURTREVIEW, THEDEFENDANTPLACEDINTOINPATIENTCAREAT-THE DISCRETION OF CDHS. IF CDHS HAS IDENTIFIED AN APPROPRIATE-PROVIDER THAT DOES NOT MEET THE DEFINITION OF INPA TlENT CARE BUT IS-WILLING AND ABLE TO ACCEPT PLACEMENT OF THE DEFENDANT, THE COURT-SHALL SET A REVIEW HEARING AS SOON AS PRACTICABLE WHILE ENSURING-THE PARTIES, ANY APPOINTED EMERGENCY GUARDIAN, AND VICTIMS ARE-GIVEN SUFFICIENT NOTICE AND OPPORTUNITY TO PREPARE AND APPEAR.-(b) WHEN THE COURT ORDERS A CIVIL COMMITMENT OR ENHANCED-PROTECTIVE PLACEMENT, IF CDHS HAS NOT IDENTIFIED AN APPROPRIATE-PROVIDER THAT IS WILLING TO ACCEPT PLACEMENT OF THE DEFENDANT, THE-COURT SHALL:-(I) SET A REVIEW HEARING WITHIN THIRTY-FIVE DAYS AFTER THE-ORDER FOR CIVIL COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT; AND-(II) PRIOR TO THE REVIEW HEARING, ORDER CDHS, IN-CONSULTATION WITH THE BHA, TO IDENTIFY AT LEAST ONE APPROPRIATE-PROVIDER THAT IS WILLING TO IMMEDIATELY ACCEPT PLACEMENT OF THE-PAGE 60-SENATE BILL 26-149-DEFENDANT.-(c) AT THE REVIEW HEARING, IF CDHS PROPOSES PLACING THE-DEFENDANT INTO INPATIENT CARE, THE COURT SHALL ORDER, WITHOUT-FURTHER COURT REVIEW, THE DEFENDANT PLACED INTO INPATIENT CARE AT-THE DISCRETION OF CDHS. IF CDHS DOES NOT PROPOSE PLACING THE-DEFENDANT INTO INPATIENT CARE, THE COURT SHALL REVIEW ANY-PLACEMENT IDENTIFIED BY CDHS TO ENSURE IT IS APPROPRIATE AND-SUFFICIENTLY PROTECTS VICTIMS AND THE COMMUNITY FROM THE-SUBSTANTIALRISKOFSERIOUSHARMTOOTHERSPOSEDBYTHEDEFENDANT.-THE COURT MAY CONTINUE THE REVIEW HEARING OR ORDER AN ADDITIONAL-REVIEW HEARING WITHIN THE TIME FRAME SET FORTH IN SUBSECTION ( 11 )(b)-OF THIS SECTION.-( d) WHEN CONSIDERING THE APPROPRIATENESS OF THE PLACEMENT-FOR THE DEFENDANT, VICTIMS, AND THE COMMUNITY, THE COURT SHALL:-(I) ALLOW CDHS, THE PARTIES, AND ANY APPOINTED EMERGENCY-GUARDIAN TO BE HEARD REGARDING THE DEFENDANT'S PLACEMENT;-(II) GIVE DEFERENCE TO CDHS'S RECOMMENDATION ON ANY ISSUE-RELATED TO THE DEFENDANT'S PRIMARY DIAGNOSIS;-(III) GIVE DEFERENCE TO CDHS AND THE OPINION OF A MEDICAL-PROFESSIONAL ON THE APPROPRIATENESS OF THE PROVIDER AND PLACEMENT-FOR THE DEFENDANT;-(IV) NOT GIVE DEFERENCE TO CDHS OR A MEDICAL PROFESSIONAL-AS TO WHETHER THE PLACEMENT SUFFICIENTLY PROTECTS VICTIMS AND THE-COMMUNITY FROM THE SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS-POSED BY THE DEFENDANT; AND-(V) CONSIDER THE TOTALITY OF THE CIRCUMSTANCES, INCLUDING:-(A) THE DEFENDANT'S STATEMENTS AND WHETHER THE DEFENDANT-LACKS INSIGHT INTO THE DEFENDANT'S MENTAL DISABILITY OR-DEVELOPMENTAL DISABILITY;-(8) THE DEFENDANT'S CLINICAL DIAGNOSIS AND PROGNOSIS,-INCLUDING ANY OPINIONS THAT THE DEFENDANT AND THE DEFENDANT'S-PAGE 61-SENATE BILL 26-149-CURRENT MENTAL STATE AND BEHAVIORS POSE RISKS TO OTHERS;-(C) THE DEFENDANT'S REFUSAL TO VOLUNTARILY SEEK AND COMPLY-WITH A TREATMENT PLAN IN THE RECENT PAST, INCLUDING IN THE-DEFENDANT'S MOST RECENT PERIOD OF BEING IN THE COMMUNITY;-(D) RECENT OVERT ACTS BYTHEDEFENDANTTOTHREATEN, CAUSE,-OR A ITEMPT TO CAUSE HARM TO THE DEFENDANT'S SELF OR OTHERS;-(E) ANY PREVIOUS PATTERNS OF DECOMPENSATION OR-DETERIORATION THAT RESULTED IN THE DEFENDANT'S HOSPITALIZATION,-ARREST, OR CERTIFICATION FOR SHORT-TERM TREATMENT AND THAT-DEMONSTRATE A RISK OF LIKELY FUTURE DECOMPENSATION;-(F) WHEN THE DEFENDANT WAS LAST OUT OF CUSTODY AND-WHETHER THE DEFENDANT WAS FOUND IN A CONDITION IN WHICH THE-DEFENDANT WAS NOT ABLE TO CARE FOR THE DEFENDANT'S OWN BASIC-NEEDS IN ORDER TO A VOID THE RISK OF SERIOUS PHYSICAL HARM;-(G) THE FREQUENCY, RECENCY, AND SEVERITY OF THE-CONSIDERATIONS DESCRIBED IN SUBSECTIONS (13)(d)(V)(B) TO-(13)(d)(V)(F) OF THIS SECTION, SUCH THAT THE CIRCUMSTANCES ARE-PRESENT IN A MANNER THAT REQUIRES INPATIENT TREATMENT OR THAT THE-CIRCUMSTANCES ARE ABSENT IN A MANNER THAT ALLOWS FOR-COMMUNITY-BASED PLACEMENT;-(H) WHETHER THE DEFENDANT OPPOSES THE PLACEMENT;-(I) WHETHER COMMUNITY-BASED PLACEMENT CAN BE REASONABLY-ACCOMMODATED;-(J) THE LIMITED RESOURCES OF THE ST ATE AND THE NEEDS OF-OTHERS; AND-(K) THE PLACEMENT RECOMMENDATIONS OF ANY TREATING-PROFESSIONALS.-(e) THE COURT SHALL NOT PERMIT OR ORDER A DEFENDANT TO BE-PLACED INTO A COMMUNITY-BASED SETTING OUTSIDE OF INPATIENT CARE-UNLESS:-PAGE 62-SENATE BILL 26-149-(I) ANY VICTIMS HAVE BEEN NOTIFIED OF A CRITICAL STAGE, AS-DEFINED IN SECTION 24-4.1-302 (2)(q.3), AND GIVEN THE OPPORTUNITY TO-BE HEARD; AND-(II) THE DISTRICT ATTORNEY IN THE CASE THAT SOUGHT CIVIL-COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT HAS BEEN NOTIFIED-AND GIVEN AN OPPORTUNITY TO OBJECT AND BE HEARD.-(f) AFTER REVIEWING THE PROVIDERS, IF THE COURT FINDS THAT-MULTIPLE PROVIDERS ARE APPROPRIATE FOR THE DEFENDANT, VICTIMS, AND-THE COMMUNITY, THE COURT SHALL ORDER THE DEFENDANT BE PLACED IN-THE LEAST-RESTRICTIVE SETTING THAT IS ADEQUATE TO PROTECT THE-VICTIMS AND THE COMMUNITY AND TO PROVIDE, TO THE GREATEST EXTENT-POSSIBLE, THE APPROPRIATE LEVEL OF CARE FOR, TREATMENT FOR, AND-SUPERVISION OF THE DEFENDANT. IF MORE THAN ONE EQUALLY RESTRICTIVE-PLACEMENT IS AV AI LAB LE AND APPROPRIATE, THE COURT SHALL ORDER THE-DEFENDANT BE PLACED INTO A SETTING THAT IS BEST SUITED FOR THE-DEFENDANT'S TREATMENT NEEDS AND SUPERVISION, AS DETERMINED BY-CDHS.-(g) IF CDHS DOES NOT PROPOSE PLACING THE DEFENDANT INTO-INPATIENT CARE AND CDHS HAS NOT IDENTIFIED ANY OTHER APPROPRIATE-PLACEMENT WITH SUFFICIENT TIME TO REVIEW AND PLACE THE DEFENDANT-WITHINTHETIMEFRAMESETFORTH IN SUBSECTION (l l)(b) OF THIS SECTION,-THE COURT SHALL ORDER THE DEFENDANT PLACED INTO INPATIENT CARE AT-THE DISCRETION OF CDHS.-(h) INADDITIONTOANYORDERSISSUEDPURSUANTTOTHISSECTION,-THE COURT SHALL ISSUE ANY ORDERS NECESSARY TO MITIGATE THE-DEFENDANT'S RISK TO VICTIMS AND THE COMMUNITY, INCLUDING ORDERING-A PROVIDER THAT HAS ACCEPTED PLACEMENT OF THE DEFENDANT TO TAKE-REASONABLE AND PRACTICABLE PROTECTIVE MEASURES TO PREVENT THE-DEFENDANT FROM CONTACTING ANY VICTIMS; EXCEPT THAT THE COURT-SHALL NOT ORDER THE DEFENDANT TO COMPLY WITH ANY CONDITIONS THAT-ARE NOT NECESSARY TO MITIGATE THE DEFENDANT'S RISK OR WITH WHICH-THE DEFENDANT CANNOT COMPLY.-(i) AFTER THE COURT ORDERS PLACEMENT OF THE DEFENDANT:-(I) THE COURT, THE DISTRICT ATfORNEY, AND CDHS SHALL-PAGE 63-SENA TE BILL 26-149-TRANSMIT ALL NECESSARY INFORMATION, INCLUDING THE DEFENDANT'S-MEDICAL RECORDS, COMPETENCY EVALUATIONS, MATERIALS USED DURING-THE COMPETENCY PROCESS, AND RESTORATION RECORDS, TO THE COUNTY-ATTORNEY WITHIN THREE BUSINESS DAYS AFTER THE ORDER FOR-PLACEMENT. THE DISTRICT ATTORNEY AND CDHS SHALL PROVIDE-ADDITIONAL NECESSARY INFORMATION UPON REQUEST OF THE COUNTY-ATTORNEY.-(II) THE COURT SHALL, UNLESS OTHER APPROPRIATE-TRANSPORTATION HAS BEEN APPROVED BY THE COURT, ORDER THE SHERIFF-TO SECURELY TRANSPORT THE DEFENDANT TO THE ORDERED PLACEMENT AS-SOON AS PRACTICABLE. THE COURT SHALL SET ANY REVIEW HEARINGS-NECESSARY TO ENSURE THE DEFENDANT IS TRANSPORTED TO THE INITIAL-PLACEMENT. THE COURT MAY DELAY TRANSPORTATION IF A BED AT A-PLACEMENT IS NOT AVAILABLE BUT WILL BE AVAILABLE WITHIN THE NEXT-THIRTY DAYS.-(14) AFTER THE DEFENDANT HAS BEEN TRANSPORTED TO THE-PLACEMENT ORDERED BY THE COURT, THE COURT SHALL:-(a) TRANSFER JURISDICTION OF THE CIVIL COMMITMENT TO A CIVIL-COURT WITH JURISDICTION PURSUANT TO SECTION 27-65-113 OR TRANSFER-JURISDICTION OF THE ENHANCED PROTECTIVE PLACEMENT TO A CIVIL COURT-WITH JURISDICTION PURSUANT TO SECTION 25 .5-10-507;-(b) NOTIFY CDHS AND THE COUNTY ATTORNEY; AND-(c) DISMISS THE CRIMINAL CASE AGAINST THE DEFENDANT. THE-COURT SHALL NOTE IN THE COURT'S FINAL ORDER DISMISSING THE CASE THAT-THE CHARGES MAY BE REFILED, BUT THE PROSECUTION IS NOT PRECLUDED-FROM REFILING MERELY BECAUSE THE COURT DID NOT STATE SO IN THE-ORDER.-(15) SUBJECT TO THE APPLICABLE STATUTE OF LIMITATIONS,-INCLUDING ANY APPLICABLE TOLLING PROVISIONS, THE DISTRICT ATTORNEY-MAY REFILE THE CHARGES DISMISSED PURSUANT TO THIS SECTION AT A-LATER TIME IF THE DISTRICT ATTORNEY HAS REASON TO BELIEVE THE-DEFENDANT HAS SINCE ATTAINED COMPETENCY.-( 16) IF, AT THE TIME THE DISTRICT ATTORNEY SEEKS CIVIL-PAGE 64-SENATE BILL 26-149-COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT PURSUANT TO THIS-SECTION, THE DEFENDANT IS ALREADY CIVILLY COMMITTED OR ORDERED TO-AN ENHANCED PROTECTIVE PLACEMENT IN ANOTHER CASE, THE COURT-SHALL:-(a) TAKE JUDICIAL NOTICE OF THE PRIOR CIVIL COMMITMENT OR-ENHANCED PROTECTIVE PLACEMENT IN LIEU OF CONDUCTING AN-ADDITIONAL TRIAL;-(b) ORDER A CIVIL COMMITMENT OR ENHANCED PROTECTIVE-PLACEMENT OF THE DEFENDANT IN THIS CASE, COMMIT THE DEFENDANT TO-THE LEGAL CUSTODY OF CDHS, ORDER THE DEFENDANT INTO THE-DEFENDANT'S CURRENT PLACEMENT, AND TRANSFER JURISDICTION TO CIVIL-COURT WITH JURISDICTION OVER THE EXISTING CIVIL COMMITMENT OR-ENHANCED PROTECTIVE PLACEMENT;-( c) NOTIFY THE CIVIL COURT WITH JURISDICTION OVER THE EXISTING-CIVIL COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT AND-APPROPRIATE COUNTY ATTORNEY OF THE ADDITIONAL COMMITMENT ORDER;-( d) ORDER THE DISTRICT ATTORNEY AND CDHS TO TRANSMIT ALL-NECESSARY INFORMATION TO THE COUNTY ATTORNEY, INCLUDING THE-DEFENDANT'S MEDICAL RECORDS, COMPETENCY EVALUATIONS, MATERIALS-USED DURING THE COMPETENCY PROCESS, AND RESTORATION RECORDS. THE-DISTRICT ATTORNEY AND CDHS SHALL PROVIDE ADDITIONAL NECESSARY-INFORMATION UPON REQUEST OF THE COUNTY ATTORNEY.-( e) DISMISS THE CRIMINAL CASE AGAINST THE DEFENDANT.-(17) (a) No LATER THAN JANUARY 2031, CDHS SHALL INCLUDE, AS-PART OF ITS PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED-BY SECTION 2-7-203, INFORMATION CONCERNING PROTECTIVE PLACEMENTS,-ENHANCED PROTECTIVE PLACEMENTS, AND CIVIL COMMITMENTS SOUGHT-PURSUANT TO THIS SECTION. AT A MINIMUM, THE PRESENTATION MUST-INCLUDE THE FOLLOWING INFORMATION FROM JULY 1, 2026, TO JULY 1,-2030:-(I) THE NUMBER OF PETITIONS FILED FOR PROTECTIVE PLACEMENTS,-ENHANCED PROTECTIVE PLACEMENTS, AND CIVIL COMMITMENTS;-PAGE 65-SENATE BILL 26-149-(II) THE NUMBER OF PETITIONS THAT WERE GRANTED FOR-PROTECTIVE PLACEMENTS, ENHANCED PROTECTIVE PLACEMENTS, AND CIVIL-COMMITMENTS;-(III) THE A VERA GE LENGTH OF TIME AND LONGEST LENGTH OF TIME-A PERSON WAS CERTIFIED OR PLACED UNDER A PROTECTIVE PLACEMENT,-ENHANCED PROTECTIVE PLACEMENT, AND CIVIL COMMITMENT;-(IV) THE NUMBER OF PEOPLE WHO HAD A PLACEMENT OTHER THAN-INPATIENT CARE AND THE NUMBER OF PEOPLE WHO DEFAULTED TO-PLACEMENT IN INPATIENT CARE; AND-(V) THE AVERAGE LENGTH OF TIME AND LONGEST LENGTH OF TIME-A PERSON WAS CERTIFIED OR PLACED UNDER A PROTECTIVE PLACEMENT,-ENHANCED PROTECTIVE PLACEMENT, AND CIVIL COMMITMENT AND-REMAINED IN JAIL.-(b) HCPF AND THE JUDICIAL DEPARTMENT SHALL PROVIDE ANY-NECESSARY INFORMATION TO ASSIST CDHS IN ITS PRESENTATION.-( 18) CDHS SHALL PUBLICLY POST ON CDHS's WEBSITE THE-FOLLOWING INFORMATION ON A QUARTERLY BASIS:-• (a) THE ACTUAL AND PROJECTED NUMBER OF PERSONS WHO ARE-INCOMPETENT AND UNRESTORABLE AND WHO ARE OR MAY BE PLACED IN-CDHS'S CUSTODY FOR A CIVIL COMMITMENT OR ENHANCED PROTECTIVE-PLACEMENT; AND-(b) THE ACTUAL AND PROJECTED COSTS THAT CDHS WILL OR MAY-INCUR FOR SERVICES RELATED TO CDHS's OBLIGATIONS PURSUANT TO-SECTIONS 27-65-201 AND 25.5-10-507.-( 19) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2031.-16-8.5-119. Dismissal procedures.-(1) IF, AFTER ALL APPLICABLE STAYS ARE LIFTED, THE COURT-DISMISSES A DEFENDANT'S CRIMINAL CASE IN WHICH THE DEFENDANT IS-INCOMPETENT TO PROCEED AT THE TIME OF DISMISSAL:-PAGE 66-SENATE BILL 26-149-(a) THE COURT SHALL ENTER A WRITTEN ORDER WITH THE COURT'S-LEGAL AND FACTUAL BASIS FOR THE DISMISSAL AND PROVIDE THE WRITTEN-ORDER TO THE PARTIES AND CDHS;-(b) THE COURT MAY ORDER THE BRIDGES COURT LIAISON TO ASSIST-WITH THE DEFENDANT'S CASE MANAGEMENT PLANNING AND COORDINATION-OF SERVICES, INCLUDING COO RD INA TING WITH GOVERNMENT AL ENTITIES OR-COMMUNITY-BASED ORGANIZATIONS THAT ARE CAPABLE OF PROVIDING-RESOURCES TO THE DEFENDANT UPON DISMISSAL OF CHARGES;-( C) THE CHARGES ARE NOT ELIGIBLE FOR SEALING PURSUANT TO-SECTION 24- 72- 705; AND-( d) THE COURT SHALL REQUIRE CDHS TO ENSURE THAT CASE-MANAGEMENT SERVICES AND SUPPORTS ARE MADE AVAILABLE TO A-DEFENDANT RELEASED FROM CDHS's CUSTODY PURSUANT TO THIS ARTICLE-8.5 AFTER THE DEFENDANT'S CRIMINAL CASE IS DISMISSED.-(2) SUBJECT TO THE APPLICABLE STATUTE OF LIMITATIONS,-INCLUDING ANY APPLICABLE TOLLING PROVISIONS, THE DISTRICT ATTORNEY-MAY REFILE THE CHARGES DISMISSED PURSUANT TO THIS SECTION AT A-LATER TIME IF THE DISTRICT A 1TORNEY HAS REASON TO BELIEVE THE-DEFENDANT HAS SINCE ATTAINED COMPETENCY. THE COURT SHALL NOTE IN-THE COURT'S FINAL ORDER DISMISSING THE CASE THAT THE CHARGES MAY-BE REFILED, BUT THE PROSECUTION IS NOT PRECLUDED FROM REFILING-MERELY BECAUSE THE COURT DID NOT ST ATE SO IN THE ORDER.-16-8.5-120. [Formerly 16-8.5-117] Escape - return to institution.-If a defendant committed to the custody of the executive director for-a competency evaluation or for restoration to competency escapes from the-institution or hospital, the chief officer of the institution or hospital shall-apply to the district court for the county in which the institution or hospital-is located for a warrant of arrest directed to the sheriff of the county,-commanding the sheriff to take all necessary legal action to effect the arrest-of the defendant and to return the defendant promptly to the institution or-hospital. The fact of an escape becomes a part of the official record of the-defendant and must be certified to the committing court as part of the record-in any proceeding to determine whether the defendant is eligible for release-on bond or from custody.-PAGE 67-SENATE BILL 26-149-16-8.5-121. [Formerly 16-8.5-118) Temporary removal for-treatment and rehabilitation.-The chief officer of an institution where a defendant has been-committed pursuant to this article 8.5 may authorize treatment and-rehabilitation activities involving temporary physical removal of the-defendant from the institution where the defendant has been placed in-accordance with the procedures and requirements of section 16-8-118.-16-8.5-122. [Formerly 16-8.5-120) Competency evaluation-monitoring system - users - rules.-(1) The department CDHS, with assistance from the judicial-department, shall develop an electronic system to track the status of-defendants in the criminal justice system for whom a competency evaluation-or competency restoration has been ordered. The system must contain-information on the following:-(a) The date the court ordered the COMPETENCY evaluation;-(b) The dates of and locations where the COMPETENCY evaluation-was started and completed;-( c) The date of and location where the defendant entered restoration-services;-( d) The dates and results of court reviews of competency;-( e) Inpatient bed space;-(f) Community restoration capacity; and-(g) Financial estimates of costs of each inpatient and outpatient-program to identify inefficiencies.-(2) The department CDHS shall establish who has access to enter-information into the electronic system and who may have read-only access-to the electronic system.-16-8.5-123. [Formerly 16-8.5-122) Forensic evaluator training.-PAGE 68-SENATE BILL 26-149-Dy February l, 2020, the department CDHS shall create a-partnership with an accredited institution of higher education in the state to-develop and provide rigorous training in forensic evaluation. On o:r befure-January 1, 2021, Newly hired competency evaluators must SHALL complete-a training that addresses competency, sanity, report writing, expert-testimony, and other skills crucial for forensic evaluators; except that-competency evaluators who are forensic psychiatrists certified or-certification-eligible by the American board of psychiatry and neurology-and forensic psychologists who are certified or certification-eligible by the-American board of forensic psychology may be exempt from any training-requirements as outlined in this section through an exemption process to be-developed by the department CDHS. The state will SHALL manage an-oversight program that will TO provide support and ensure quality of-forensic evaluators.-16-8.5-124. Transparency requirements.-(1) The department CDHS shall post publicly POST on the office of-civil and futensic mental health's CDHS's website:-(a) All policies and procedures related to competency evaluations,-restoration services, management of the competency wait list, and-admission policies regarding inpatient restoration services, including-services for jail-based restoration and private hospital beds;-(b) The number of beds currently available and occupied for-jail-based restoration services;-(c) The number of beds currently available and occupied in private-hospitals for inpatient restoration services;-( d) The number of beds currently available in each state-run hospital-and occupied by adult civil patients, adult restoration patients, and adult not-guilty by reason of insanity commitments;-( e) The number of beds currently available in each state-run hospital-and occupied by juvenile patients;-(f) The number of individuals on the competency restoration wait-list;-PAGE 69-SENATE BILL 26-149-(g) The length of competency wait list times and an explanation of-the methodology used to calculate the wait times; and-(h) Any projected dates for the opening of new beds and a-description of what type of beds will become available.-16-8.5-125. [Formerly 16-8.5-116.5 (11)] Rules.-The department CDHS shall promulgate such ADOPT rules as-necessary to EFFECTIVELY AND consistently enforce the provisions of this-article 8.5.-SECTION 2. In Colorado Revised Statutes, add 27-65-101.5 as-follows:-27-65-101.5. Nonapplicability of article if individual has-intellectual and developmental disability or neurocognitive disorder.-THE PROVISIONS OF PART 5 OF ARTICLE 10 OF TITLE 25.5 APPLY AND-THIS ARTICLE 65 DOES NOT APPLY IF A PERSON HAS AN INTELLECTUAL AND-DEVELOPMENTAL DISABILITY OR A NEUROCOGNITIVE DlSORDER, AS THOSE-TERMS ARE DEFINED IN SECTION 25.5-10-501, WITHOUT ANY OTHER MENTAL-HEALTH DISORDER THAT IS NOT AN INTELLECTUAL AND DEVELOPMENTAL-DISABILITY OR NEUROCOGNITIVE DISORDER AND THAT SUBSTANTIALLY-CONTRIBUTES TO WHETHER THE RESPONDENT IS A DANGER TO THE-RESPONDENT'S SELF OR A DANGER TO OTHERS, OR IS GRAVELY DISABLED.-SECTION 3. In Colorado Revised Statutes, 27-65-102, amend-(10), (11), (21), and (22); and add (10.2), (24.5), (27.5), and (32) as-follows:-27-65-102. Definitions.-As used in this article 65, unless the context otherwise requires:-(10) "Danger to the person's self or others" means-(a) A per son poses a substantial risk ofphy sical lrar nr to the pet son's-self as manifested by e"idenee ofreeent th1eats of 01 attempts at suicide or-setious bodily hartn to the pet son's self, 01-PAGE 70-SENA TE BILL 26-149-fb7 a person poses a substantial risk of physical harm to another-person or persons, as manifested by evidence of recent homicidal or other-violent behavior by the person in question, or by evidence that others are-placed in reasonable fear of violent behavior and serious physical harm to-them, as evidenced by a recent overt act, attempt, or threat to do serious-physical harm by the person in question.-( 10.2) "DANGER TO THE PERSON'S SELF", OR SIMILAR TERMINOLOGY,-MEANS A PERSON POSES A SUBSTANTIAL RISK OF PHYSICAL HARM TO THE-PERSON'S SELF AS MANIFESTED BY EVIDENCE OF RECENT THREATS OR-ATTEMPTS AT SUICIDE OR SERIOUS BODILY HARM TO THE PERSON'S SELF.-(11) "Department" OR "CDHS" means the department of human-services.-(21) "Lay person" means a person identified by another person who-is detained on an involuntary emergency mental health hold pursuant to-section 27-65-106, certified for short-term treatment pursuant to section-27-65-109 SECTION27-65-108.5,27-65-109, OR27-65-109.5, or certified for-long-term care and treatment pursuant to section 27-65-110 who is-authorized to participate in activities related to the person's involuntary-emergency mental health hold, short-term treatment, or long-term treatment,-including court appearances, discharge planning, and grievances. The-person may rescind the lay person's authorization at any time.-(22) "Mental health disorder" includes MEANS one or more-substantial disorders of the cognitive, volitional, or emotional processes that-grossly impairs judgment or capacity to recognize reality or to control-behavior An intellectual or developmental disability is insufficient to either-justify or exclude a finding of a mental health disorder pursuant to the-provisions of this article 65 AND INCLUDES A MENTAL DISABILITY OR-DEVELOPMENTAL DISABILITY, AS THOSE TERMS ARE DEFINED IN SECTION-16-8.5-101, WHICH HAS LED A COURT TO FIND THE PERSON WITH THE-DISABILITY INCOMPETENT TO PROCEED PURSUANT TO ARTICLE 8.5 OF TITLE-16.-(24.5) "PERSISTENT MENTAL HEALTH DISORDER" MEANS:-(a) A MENTAL HEALTH DISORDER THAT HAS RESULTED IN THE-PERSON HAVINGTHREEORMORE OF THE FOLLOWING WITHIN THE PRECEDING-PAGE 71-SENATE BILL 26-149-THREE YEARS:-(I) AN EMERGENCY MENTAL HEALTH HOLD PURSUANT TO SECTION-27-65-106;-(II) A CERTIFICATION FOR SHORT-TERM TREATMENT PURSUANT TO-SECTION 27-65-109 OR 27-65-109.5;-(III) A FINDING OF INCOMPETENCY TO PROCEED PURSUANT TO-ARTICLE 8 OR 8.5 OF TITLE 16; OR-(IV) AN INPATIENT PSYCHIATRIC HOSPITALIZATION; AND-(b) A PROFESSIONAL PERSON WITH AN ESTABLISHED TREATMENT-RELATIONSHIP WITH THE PERSON, AS DESCRIBED IN SECTION 27-65-109.5-( 1 )(a), HAS EVALUATED THE PERSON WITHIN THE PRECEDING NINETY DAYS-OR A PROFESSIONAL PERSON CONDUCTING AN EVALUATION OR TREATMENT-PURSUANT TO THIS ARTICLE 65 HAS GIVEN CONSIDERATION TO THE PERSON'S-HISTORY OF PSYCHIATRIC DETERIORATION AND CYCLING THROUGH-INTERVENTIONS AND DETERMINED THAT:-(I) THE PERSON CURRENTLY HAS AMENT AL HEAL TH DISORDER THAT-SUBSTANTIALLY IMPAIRS THE PERSON'S ABILITY TO MAKE INFORMED-DECISIONS ABOUT TREATMENT;-(II) VOLUNTARY TREATMENT IS UNLIKELY TO BE SUFFICIENT TO-PREVENT FURTHER PSYCHIATRIC DETERIORATION OR CRISIS EPISODES BASED-ON THE PERSON'S TREATMENT HISTORY AND CURRENT PRESENTATION;-(III) INVOLUNTARY TREATMENT IS CLINICALLY INDICATED AND-APPROPRIATE GIVEN THE PERSON'S CURRENT CONDITION, LEVEL OF-FUNCTIONING, AND TREATMENT HISTORY , INCLUDING ANY FAILURES TO-MAINTAIN VOLUNTARY TREATMENT DESPITE ANY PRIOR ASSURANCES THE-PERSON WOULD; AND-(IV) THE PERSON HAS NOT HAD A CONTINUOUS PERIOD OF TWELVE-OR MORE MONTHS OF IMMEDIATELY PRECEDING ST ABILITY, UNLESS THE-PROFESSIONAL PERSON DOCUMENTS SPECIFIC CLINICAL FINDINGS THAT-CURRENT PSYCHIATRIC DETERIORATION IS OCCURRING NOTWITHSTANDING-THE PERIOD OF STABILITY.-PAGE 72-SENATE BILL 26-149-(27 .5) "PSYCHIATRIC DETERIORATION" MEANS A MEASURABLE-DECLINE IN OVERALL FUNCTIONING DUE TO THE PERSON'S MENTAL HEALTH-DISORDER. PSYCHIATRIC DETERIORATION MAY BE EVIDENCED BY, BUT NOT-LIMITED TO, A PERSON'S INCREASED SEVERITY OR FREQUENCY OF SYMPTOMS,-DIMINISHED ABILITY TO PERFORM ACTIVITIES OF DAILY LIVING RES UL TING IN-MENTAL, EMOTIONAL, OR PHYSICAL HARM, OR AN INABILITY TO RECOGNIZE-THE NEED FOR INTERVENTION, WHICH HAS A SUBSTANTIAL PROBABILITY OF-RESULTING IN HARM OR FURTHER DECOMPENSATION TO THE PERSON.-(32) "SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS" MEANS AN-APPRECIABLE AND CONSIDERABLE RISK THAT THE PERSON WILL COMMIT A-CRIMINAL ACT AGAINST A PERSON NOW OR IN THE REASONABLY-FORESEEABLE FUTURE THAT CAUSES SERIOUS BODILY INJURY, AS DEFINED IN-SECTION 18-1-901, TO ANOTHER PERSON, OR IS LIKELY TO CAUSE SERIOUS-EMOTIONAL DISTRESS TO A REASONABLE PERSON.-SECTION 4. In Colorado Revised Statutes, 27-65-104, amend-(6)(d)(I) introductory portion as follows:-27-65-104. Voluntary applications for mental health services --treatment of minors - definition.-( 6) ( d) (I) The minor or the minor's attorney or guardian ad litem-may, at any time after the minor has continued to affirm the minor's-objection to hospitalization pursuant to subsection ( 6)(b) of this section, file-a written request that the recommendation for continued hospitalization be-reviewed by the court or that the treatment be on an outpatient basis. If-review is requested, the court shall hear the matter within ten days after the-request, and the court shall give notice of the time and place of the hearing-to the minor; the minor's attorney, if any; the minor's parents or legal-guardian; the minor's guardian ad litem, if any; the independent professional-person; and the minor's treating team. The hearing must be held in-accordance with section 27-65-113 SECTION 27-65-113 .1; except that the-court or jury shall determine that the minor is in need of care and treatment-if the court or jury makes the following findings:-SECTION 5. In Colorado Revised Statutes, 27-65-106, amend (1)-introductory portion, (l)(a), (l)(b)(I), (2), (3), (4)(a)(III), (4)(c), (4)(d),-(6)(a), (8)(d)(I), and (l0)(b); and add (4)(a.5), (7)(a.5), and (l0)(e) as-follows:-PAGE 73-SENATE BILL 26-149-27-65-106. Emergency mental health hold - screening --court-ordered evaluation - discharge instructions - respondent's rights.-(1) An emergency mental health hold may be invoked INITIATED-under one of the following conditions:-(a) (I) When a certified peace officer has probable cause to believe-a person has a mental health disorder and, as a result of the mental health-disorder, is an imminent danger to the person's self, or AN IMMINENT-DANGER TO others, or is gravely disabled, the certified peace officer may-take the person into protective custody and transport the person to a facility-designated by the commissioner for an emergency mental health hold. If-sueh a facility is not available, the certified peace officer may transport the-person to an emergency medical services facility. The certified peace officer-may request assistance from a behavioral health crisis response team for-assistance in detaining and transporting the person or an emergency medical-services provider in transporting the person; or-(II) When an intervening professional reasonably believes that a-person appears to have a mental health disorder and, as a result of the-mental health disorder, appears to be an imminent danger to the person's-self, or AN IMMINENT DANGER TO others, or appears to be gravely disabled,-the intervening professional may cause the person to be taken into-protective custody and transported to a facility designated by the-commissioner for an emergency mental health hold. If sueh a facility is not-available, the certified peace officer may transport the person to an-emergency medical services facility. The intervening professional may-request assistance from a certified peace officer, a secure transportation-provider, or a behavioral health crisis response team for assistance in-detaining and transporting the person, or assistance from an emergency-medical services provider in transporting the person.-(b) (I) When a person petitions the court in the county in which the-respondent resides or is physically present requesting an evaluation of the-respondent's condition and alleging that the respondent appears to have a-mental health disorder and, as a result of the mental health disorder, appears-to be a danger to the respondent's self, or A DANGER TO others, or appears-to-be gravely disabled.-(2) (a) When a person is taken into custody pursuant to subsection-PAGE 74-SENATE BILL 26-149-( 1) of this section, the person must not be detained in a jail, lockup, or other-place used for the confinement of persons charged with or convicted of-penal offenses. Unless otherwise required by law, a certified peace officer-may transport the person to an emergency medical services facility or-facility designated by the commissioner FOR AN EMERGENCY MENTAL-HEALTH HOLD even if a warrant has been issued for the person's arrest if the-certified peace officer believes it is in the best interest of the person. The-person must not be held on an emergency mental health hold for longer than-seventy-two hours after the hold is placed or ordered. Nothing in this-section prohibits an emergency medical services facility from involuntarily-holding the person in order to stabilize the person as required pursuant to-the federal "Emergency Medical Treatment and Labor Act", 42 U.S.C. sec.-1395dd, or if the treating professional determines that the individual's-PERSON'S physical or mental health disorder impairs the person's ability to-make an informed decision to refuse care and the provider determines that-further care is indicated.-(b) THIS SECTION DOES NOT PRECLUDE:-(I) A COURT FROM ORDERING AN EVALUATION AT THE JAIL WHEN THE-PERSON IS LAWFULLY CONFINED IN JAIL BECAUSE THE PERSON IS CHARGED-WITH OR CONVICTED OF A PENAL OFFENSE; OR-(II) A PERSON OR ENTITY THAT HAS CARE AND CUSTODY OF A-DETAINED PERSON FROM TRANSPORTING THE DETAINED PERSON TO AN-EMERGENCY MEDICAL SERVICES FACILITY OR FACILITY DESIGNATED BY THE-COMMISSIONER FOR AN EMERGENCY MENTAL HEALTH HOLD.-(3) When a person is placed on an emergency mental health hold-pursuant to subsection (1) of this section and is presented to an emergency-medical services facility or a facility designated by the commissioner FOR-AN EMERGENCY MENTAL HEAL TH HOLD, the facility shall require a-BHA-approved application in writing, stating the circumstances under-which the person's condition was called to the attention of the intervening-professional or certified peace officer and further stating sufficient facts,-obtained from the intervening professional's or certified peace officer's-personal observations or obtained from others whom the intervening-professional or certified peace officer reasonably believes to be reliable, to-establish that the person has a mental health disorder and, as a result of the-mental health disorder, is an imminent danger to the person's self, or A-PAGE 75-SENATE BILL 26-149-DANGER TO others, or is gravely disabled. The application must indicate-when the person was taken into custody and who brought the person's-condition to the attention of the intervening professional or certified peace-officer. A copy of the application must be furnished to the person being-evaluated, and the application must be retained in accordance with section-27-65-123 (4).-(4) (a) The petition for a court-ordered evaluation filed pursuant to-subsection ( 1 )(b) of this section must contain the following:-(III) Allegations of fact indicating that the respondent may have a-mental health disorder and, as a result of the mental health disorder, MAY-be a danger to the respondent's self, or A DANGER TO others, or be gravely-disabled and showing reasonable grounds to warrant an evaluation;-(a.5) THE PETITION FOR A COURT-ORDERED EVALUATION FILED-PURSUANT TO SUBSECTION (l)(b) OF THIS SECTION MAY CONTAIN THE-RESPONDENT'S HISTORY OF EMERGENCY MENTAL HEALTH HOLDS INVOKED-PURSUANT TO SECTION 27-65-106, CERTIFICATIONS FOR SHORT-TERM-TREATMENT OR LONG-TERM CARE AND TREATMENT, FINDINGS OF-INCOMPETENCY TO PROCEED PURSUANT TO ARTICLE 8 OR 8.5 OF TITLE 16,-AND INPATIENT PSYCHIATRIC HOSPITALIZATIONS, AND A STATEMENT-WHETHER THE PETITIONER BELIEVES THE RESPONDENT HAS A PERSISTENT-MENTAL HEALTH DISORDER. IN DETERMINING WHETHER PROBABLE CAUSE-EXISTS TO ORDER AN EVALUATION, THE COURT SHALL CONSIDER ANY-HISTORY OF EMERGENCY MENTAL HEALTH HOLDS INVOKED PURSUANT TO-SECTION 27-65-106, CERTIFICATIONS FOR SHORT-TERM TREATMENT OR-LONG-TERM CARE AND TREATMENT, FINDINGS OF INCOMPETENCY TO-PROCEED PURSUANT TO ARTICLE 8 OR 8.5 OF TITLE 16, AND INPATIENT-PSYCHIATRIC HOSPITALIZATIONS, AND WHETHER THE RESPONDENT MAY-QUALIFY AS HA YING A PERSISTENT MENTAL HEAL TH DISORDER.-( c) Following the screening described in subsection ( 4 )(b) of this-section, the facility, intervening professional, or certified peace officer-designated by the court shall file a report with the court and may initiate an-emergency mental health hold at the time of screening. The report must-include a recommendation as to whether probable cause exists to believe-that the respondent has a mental health disorder and, as a result of the-mental health disorder, is a danger to the respondent's self, or A DANGER TO-others, or is gravely disabled, and whether the respondent will voluntarily-PAGE 76-SENATE BILL 26-149-receive evaluation or treatment. The screening report submitted to the court-pursuant to this subsection ( 4 )( c) is confidential in accordance with section-27-65-123 and must be furnished to the respondent or the respondent's-attorney or personal representative.-( d) Whenever it appears, by petition and screening pursuant to this-section, to the satisfaction of the court that probable cause exists to believe-that the respondent has a mental health disorder and, as a result of the-mental health disorder, is a danger to the respondent's self, or A DANGER TO-others, or is gravely disabled, and that efforts have been made to secure the-cooperation of the respondent but the respondent has refused or failed to-accept AN evaluation voluntarily, the court shall issue an order for AN-evaluation authorizing a certified peace officer or secure transportation-provider to take the respondent into custody and transport the respondent to-a facility designated by the commissioner for an emergency mental health-hold. At the time the respondent is taken into custody, a copy of the petition-and the order for AN evaluation must be given to the respondent and-promptly thereafter to the one lay person designated by the respondent and-to the person in charge of the facility named in the order or the respondent's-designee. If the respondent refuses to accept a copy of the petition and the-order for AN evaluation, Stteh THE refusal must be documented in the-petition and the order for THE evaluation.-(6) (a) Each person detained for an emergency mental health hold-pursuant to this section shall receive an evaluation as soon as possible after-the person is presented PRESENTS to the facility, OR AS SOON AS POSSIBLE-WHERE THE PERSON IS CONFINED FOR A CRIMINAL CHARGE IF THE PERSON IS-ALREADY LA WFULL y CONFINED IN JAIL, and shall receive such treatment and-care as the person's condition requires for the full period that the person is-held. The evaluation must include an assessment to determine if the person-continues to meet the criteria for an emergency mental health hold and-requires further mental health care in a facility designated by the-commissioner. The evaluation must state whether the person should be-released, referred for further care and treatment on a voluntary basis, or-certified for short-term treatment pursuant to section 27-65-109.-(7) (a.5) A PERSON WHO IS LAWFULLY CONFINED FOR A CRIMINAL-CHARGE IN JAIL MAY BE PLACED ONLY IN A SECURE PLACEMENT OR MAY BE-CARED FOR IN THE PERSON'S PLACE OF CONFINEMENT WHILE THE PERSON IS-LAWFULLY DETAINED. IF A PERSON PLACED UNDER AN EMERGENCY MENTAL-PAGE 77-SENATE BILL 26-149-HEALTH HOLD IS RELEASED FROM CONFINEMENT, THE PERSON OR ENTITY-RESPONSIBLE FOR THE PERSON'S CONFINEMENT SHALL COORDINATE WITH-THE BHA TO TRANSFER THE PERSON TO AN EMERGENCY MEDICAL SERVICES-FACILITY OR A FACILITY DESIGNATED BY THE COMMISSIONER FOR AN-EMERGENCY MENTAL HEALTH HOLD.-(8) ( d) (I) The facility shall, at a minimum, attempt to follow up with-the person, the person's parent or legal guardian, or the person's lay person-at least f-orcy-eight SEVENTY-TWO hours after discharge. The facility is-encouraged to utilize peer support professionals, as defined in section-27-60-108 (2)(b), when perfonning follow-up care with individuals and in-developing a continuing care plan pursuant to subsection (8)(a)(I) of this-section. The facility may facilitate follow-up care through contracts with-community-based behavioral health providers or the 988 crisis hotline-operated pursuant to section 27-64-103. If the facility facilitates follow-up-care through a third-party contract, the facility shall obtain authorization-from the person to provide follow-up care.-( 10) (b) A person's rights under PURSUANT TO this subsection ( 10)-may only be denied if access to the item, program, or service causes the-person to destabilize or creates a danger to the person's self or A DANGER TO-others, as detennined by a licenced LICENSED provider involved in the-person's care. Denial of any right must be entered into the person's treatment-record and must be made available, upon request, to the person, the person's-legal guardian, or the person's attorney.-(e) NOTWITHSTANDING SUBSECTION (l0)(b) OF THIS SECTION, A-PERSON'S RIGHTS PURSUANT TO THIS SUBSECTION ( 10) MAY BE RESTRICTED-IN ANY MANNER ALLOWED BYLAW IF THE PERSON IS LAWFULLY CONFINED-FOR A CRIMINAL CHARGE IN JAIL.-SECTION 6. In Colorado Revised Statutes, 27-65-107, amend ( 1 ),-(2), (4)(a)(IV), and (4)(b) as follows:-27-65-107. Emergency transportation - application - screening-- respondent's rights.-(1) (a) \.\'hen IF a certified peace officer or emergency medical-services provider has probable cause to believe a person is experiencing a-behavioral health crisis or-is AND, WITHOUT PROFESSIONAL INTERVENTION,-PAGE 78-SENATE BILL 26-149-MA y BE A DANGER TO THE PERSON'S SELF, A DANGER TO OTHERS, OR gravely-disabled, and, as a result, without prnfessional inter vcntion the person may-be a dangct to the pct son's sclfot othcts, then the certified peace officer or-emergency medical services provider may take the person into protective-custody and transport the person to an outpatient mental health facility or-a facility designated by the commissioner FOR AN EMERGENCY MENTAL-HEAL TH HOLD or other clinically appropriate facility designated by the-commissioner. If such a set vice A FACILITY is not available, the person may-be taken to an emergency medical services facility.-(b) An individual A PERSON may not be transported pursuant to this-subsection ( 1) if an intervening professional has assessed the person during-the same emergency event and determined the individual PERSON does not-meet the criteria for an emergency mental health hold pursuant to section-27-65-106.-( c) If a behavioral heath crisis response team is known to be-available in a timely manner, the certified peace officer or emergency-medical services provider shall access the behavioral health crisis response-team prior to INVOLUNTARILY transporting an individual involuntatil)I A-PERSON pursuant to this subsection ( 1 ).-(2) When a person is transported against the person's will pursuant-to subsection (1) of this section, the facility shall require an application, in-writing, stating the circumstances under which the person's condition was-called to the attention of the certified peace officer or emergency medical-services provider and further stating sufficient facts, obtained from personal-observations or obtained from others whom the certified peace officer or-emergency medical services provider reasonably believes to be reliable, to-establish that the person is experiencing a behavioral health crisis or is-gravely disabled and, as a result, it is believed that without professional-intervention the person may be a danger to the person's self or A DANGER TO-others. The application must indicate the name of the person and the time-the person was transported. A copy of the application must be furnished to-the person being transported.-( 4) (a) A person detained pursuant to this section has the following-rights while being detained, which must be explained to the person before-being transported to a receiving facility:-PAGE 79-SENATE BILL 26-149-(IV) To keep and use the person's cell phone, unless access to the-cell phone causes the person to destabilize or creates a danger to the-person's self or A DANGER TO others, as determined by a provider, facility-staff member, or security personnel involved in the person's care;-(b) A person's rights pursuant to subsection ( 4 )(a) of this section-may only be denied if access to the item, program, or service causes the-person to destabilize or creates a danger to the person's self or A DANGER TO-others, as determined by a licensed provider involved in the person's care-or transportation. Denial of any right must be entered into the person's-treatment record or BRA-approved form. Information pertaining to a denial-ofrights contained in the person's treatment record must be made available,-upon request, to the person, the person's attorney, or the person's lay person.-SECTION 7. In Colorado Revised Statutes, amend 27-65-108 as-follows:-27-65-108. Care coordination for persons certified or in need of-ongoing treatment.-(1) A facility designated by the commissioner shall notify and-engage the BHA prior to terminating or transferring a person certified-pursuant to section 27-65-108.5, 27-65-109, 27-65-109.5, 27-65-110, or-27-65-111. The BHA may SHALL provide care coordination services to-support a person whose certification is terminated but who is in need of-ongoing treatment and services.-(2) The BHA shall, directly or through a contract, provide care-coordination services to a person certified pursuant to section 27-65-108.5,-27-65-109, 27-65-109.5, 27-65-110, or 27-65-111 and determined by the-designated facility and the BHA to need care coordination services.-SECTION 8. In Colorado Revised Statutes, add 27-65-108.3 as-follows:-27-65-108.3. Criteria and standards for certification for-short-term treatment and certification for long-term care and-treatment.-(1) ARESPONDENTMAYBECERTIFIEDFORSHORT-TERMTREATMENT-PAGE 80-SENATE BILL 26-149-PURSUANT TO SECTION 27-65-108.5, 27-65-109, OR 27-65-109.5, OR-CERTIFIED FOR LONG-TERM CARE AND TREATMENT PURSUANT TO SECTION-27-65-110, IF:-(a) THE RESPONDENT HAS BEEN ADVISED OF THE AVAILABILITY OF,-BUT HAS NOT ACCEPTED, VOLUNTARYTREATMENTOR, WITH CONSIDERATION-OF ALL REASONABLY AVAILABLE INFORMATION, INCLUDING THE RELEVANT-HISTORY OF THE RESPONDENT, THERE ARE REASONABLE GROUNDS TO-BELIEVE THAT THE RESPONDENT WILL NOT REMAIN IN A VOLUNTARY-TREATMENTPROGRAM;AND-(b) THE RESPONDENT, BY CLEAR AND CONVINCING EVIDENCE, HAS A-MENTAL HEALTH DISORDER AND, AS A RESULT OF THE MENTAL HEALTH-DISORDER, THE RESPONDENT IS A DANGER TO THE RESPONDENT'S SELF, A-DANGER TO OTHERS, OR GRAVELY DISABLED.-(2) WHEN EVALUATING A PERSON TO DETERMINE WHETHER THE-PERSON MEETS THE CRITERIA PURSUANT TO SUBSECTION ( 1) OF THIS-SECTION, THE COURT, EVALUATOR, OR INTERVENING PROFESSIONAL SHALL-TAKE INTO CONSIDERATION:-(a) THE PERSON'S STATEMENTS AND INSIGHTS INTO THE PERSON'S-OWN MENTAL HEALTH DISORDER;-(b) CLINICAL DIAGNOSIS AND CLINICAL PERSPECTIVE ON THE-PERSON'S CURRENT MENTAL STATE AND PROGNOSIS;-( c) THE PERSON'S WILLINGNESS TO VOLlJNT ARIL Y SEEK AND COMPLY-WITH A TREATMENT PLAN IN THE REASONABLY FORESEEABLE FUTURE;-(d) RECENT OVERT ACTS BY THE PERSON TO THREATEN, CAUSE, OR-ATTEMPT TO CAUSE HARM TO THE PERSON'S SELF OR OTHERS;-( e) PREVIOUS PATTERNS OF DETERIORATION THAT RESULTED IN THE-PERSON'S HOSPITALIZATION, ARREST, OR CERTIFICATION FOR SHORT-TERM-TREATMENT;-(f) WHETHER THE PERSON WAS FOUND IN A CONDITION WHERE THE-PERSON WAS NOT ABLE TO CARE FOR THE PERSON'S OWN BASIC NEEDS IN-ORDER TO A VOID THE RISK OF SERIOUS PHYSICAL HARM; AND-PAGE 81-SENATE BILL 26-149-(g) THE FREQUENCY, RECENCY, AND SEVERITY OF THE-CONSIDERATIONS DESCRIBED IN SUBSECTIONS (2)(b) TO (2)(f) OF THIS-SECTION AND THE LIKELIHOOD THAT THE CONDITIONS AND EVENTS WILL-REOCCUR WITHOUT INVOLUNTARY TREATMENT.-(3) WHEN EVALUATING WHETHER A PERSON IS A DANGER TO THE-PERSON'S SELF OR A DANGER TO OTHERS, IS GRAVELY DISABLED, OR POSES-A SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS, THE COURT, EVALUATOR,-PROFESSIONAL PERSON, OR INTERVENING PROFESSIONAL SHALL, WHENEVER-POSSIBLE, USE ALL REASONABLE EFFORTS TO LEARN ABOUT PRIOR RELEVANT-BEHAVIORS AND PRIOR DIAGNOSES THROUGH AVAILABLE AND RELIABLE-SOURCES, INCLUDING THE PERSON'S PRIOR MEDICAL AND MENTAL HEALTH-RECORDS, POLICE REPORTS, AND INFORMATION FROM RELIABLE INDIVIDUALS-WHO HA VEA RELATIONSHIP OR REGULAR SUBSTANTIAL INTERACTIONS WITH-THE PERSON.-(4) THE COURT, EVALUATOR, PROFESSIONAL PERSON, OR-INTERVENING PROFESSIONAL SHALL CONSIDER WHETHER THE PERSON HAS A-HISTORY OF EMERGENCY MENTAL HEALTH HOLDS INVOKED PURSUANT TO-SECTION 27-65-106, CERTIFICATIONS FOR SHORT-TERM TREATMENT OR-LONG-TERM CARE AND TREATMENT, FINDINGS OF INCOMPETENCY TO-PROCEED PURSUANT TO ARTICLE 8 OR 8.5 OF TITLE 16, AND INPATIENT-PSYCHIATRIC HOSPITALIZATIONS, AND WHETHER THE PERSON MAY QUALIFY-AS HA YING A PERSISTENT MENTAL HEAL TH DISORDER.-(5) THE COURT OR PROFESSIONAL PERSON SHALL ASSESS A PERSON-WHO IS INCARCERATED OR IN INPATIENT TREATMENT AS IF THE PERSON WERE-IN THE COMMUNITY WHEN EVALUATING WHETHER THE PERSON MEETS THE-CRITERIA PURSUANT TO SUBSECTION (1) OF THIS SECTION.-SECTION 9. In Colorado Revised Statutes, 27-65-108.5, amend-( 1) introductory portion, ( 1 )(b ), ( 1 )( d), (2), (3 ), (8), and (9); repeal ( 10) and-(11); and add (2.1), (2.5), (7.1), and (7.5) 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 A COUNTY ATTORNEY, AN APPOINTED LEGAL-PAGE 82-SENATE BILL 26-149-GUARDIAN, the district attorney, AN INTERVENING PROFESSIONAL ACTING-WITHIN THE SCOPE OF THEIR AUTHORITY, a professional person, a-representative of the BHA, or a representative of the office of civil and-forensic mental health CDHS, a court may SHALL 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 m 16-8.5-116.5 SECTION-16-8.5-117;-(d) The facility or community provider that will provide short-term-treatment has been designated m appt o v ed by the commissionet to pt e, v ide-such tteatment PERSON MEETS THE CRITERIA FOR CERTIFICATION FOR-SHORT-TERM TREATMENT PURSUANT TO SECTION 27-65-108.3 ( 1 ); and-(2) The petition filed pursuant to subsection ( 1) of this section must:-(a) State sufficient facts to establish reasonable grounds that the-respondent has a mental health dism det and, as a I esult of the mental health-dism der, is a dai,ger to the I espondent's self m others 01 is-gravely disabled-MEETS THE CRITERIA FOR CERTIFICATION FOR SHORT-TERM TREATMENT-PURSUANT TO SECTION 27-65-108.3 (l);-(b) Be accompanied by a report of the competency evaluator or-professional person who has evaluated the respondent within fifty-six-NINETY-ONE days before submission of SUBMITTING the petition, unless the-respondent whose certification is sought has refused to submit to an-evaluation or the respondent cannot be evaluated due to the respondent's-condition;-( c) Be filed within fourteen days after the initiating party received-the court order from the criminal court initiating the process; AND-(d) De filed with the court in the county where the respondent-1esided m was physically present immediately pdm to the filing of the-petition, except that if the person was anested for the ptim ease and held in-custody, the petition may be filed in the county where the respondent-resided m was physically present immediately ptim to the respondent's-ancst, and-PAGE 83-SENATE BILL 26-149-ftj ( d) Provide recommendations if any certification should occur-on an inpatient or outpatient basis.-(2.1) THE PETITION FILED PURSUANT TO SUBSECTION (1) OF THIS-SECTION MAY CONTAIN THE RESPONDENT'S HISTORY OF EMERGENCY MENTAL-HEALTH HOLDS INVOKED PURSUANT TO SECTION 27-65-106, CERTIFICATIONS-FOR SHORT-TERM TREATMENT OR LONG-TERM CARE AND TREATMENT,-FINDINGS OF INCOMPETENCY TO PROCEED PURSUANT TO ARTICLE 8 OR 8.5 OF-TITLE 16, AND INPATIENT PSYCHIATRIC HOSPITALIZATIONS, AND A-ST A TEMENT AS TO WHETHER THE PETITIONER BELIEVES THE RESPONDENT-HAS A PERSISTENT MENTAL HEALTH DISORDER.-(2.5) (a) AN EMERGENCY MENTAL HEALTH HOLD ORDERED-PURSUANT TO SECTION 27-65-106 IS NOT A PREREQUISITE TO INITIATE A-CERTIFICATION FOR SHORT-TERM TREATMENT PURSUANT TO THIS SECTION.-(b) A RESPONDENT IS NOT REQUIRED TO BE UNDER THE CARE OF AN-APPROPRIATE PROVIDER WHO IS WILLING TO HOLD A CERTIFICATION FOR-SHORT-TERM TREATMENT IN ORDER TOINITIATEACERTIFICATIONPURSUANT-TO THIS SECTION.-(3) Within twenty-four hours after certification, copies of the-certification must be personally delivered to the respondent, the BHA or the-office of civil and forensic mental health CDHS, AND ANY KNOWN-PROVIDER OR FACILITY THAT HAS CUSTODY OF THE RESPONDENT. The-department shall retain a copy as part of the respondent's record. If the-criminal case is pending, or not yet dismissed, THE PETITIONING PARTY-SHALL GIVE notice of the filing of the petition should be given by the-petitioning party to the criminal court, which AND THE COURT shall provide-sueh THE notice to the prosecuting and defense attorneys in the criminal-case and any attorney appointed pursuant to section 27-65-113 SECTION-27-65-113.5. The court shall ask the respondent to designate one other-person whom the respondent wants to be informed regarding the petition.-If the respondent is incapable of making such a designation at the time the-petition is delivered, the court may ask the respondent to designate such-person as soon as the respondent is capable.-(7.1) (a) IF THE RESPONDENT IS CERTIFIED FOR SHORT-TERM-TREATMENT, UNLESS AN APPROPRIATE PROVIDER HAS ALREADY BEEN-IDENTIFIED AND IS WILLING TO HOLD THE CERTIFICATION, THE COURT SHALL-PAGE 84-SENATE BILL 26-149-ORDER CDHS TO PROVIDE CARE COORDINATION AND MAKE DILIGENT-EFFORTS TO FIND A PROVIDER FOR THE RESPONDENT.-(b) THE DEPARTMENT MAY RECEIVE AND POSSESS ALL INFORMATION-RELEVANT TO THE PROCEEDINGS PURSUANT TO THIS SECTION, INCLUDING-COMPETENCY EVALUATIONS, ANY MEDICAL AND MENTAL HEAL TH RECORDS-FOR WHICH A WAIVER OR PRIVILEGE HAS BEEN FOUND IN PROCEEDINGS-PURSUANT TO THIS SECTION OR PURSUANT TO ARTICLE 8.5 OF TITLE 16, AND-RELEVANT CRIMINAL JUSTICE RECORDS, INCLUDING ANY CRIMINAL HISTORY-OF THE RESPONDENT.-( C) THE COURT MAY ORDER:-(I) THE PETITIONER AND ANY DISTRICT ATTORNEY RESPONSIBLE FOR-PROSECUTING A CRIMINAL CASE THAT LED TO PROCEEDINGS PURSUANT TO-THIS SECTION OR SECTION 16-8.5-117 TO SEND RELEVANT RECORDS TO-CDHS WITHIN SEVEN DAYS AFTER THE COURT'S ORDER; AND-(II) ANY CURRENT OR FORMER ATTORNEY WHO REPRESENTED THE-RESPONDENT IN ANY PROCEEDING TO SEND MATERIALS TO CDHS, WITH THE-RESPONDENT'S CONSENT, TO ASSIST IN CARE COORDINATION.-(d) CDHS MAY, AS NECESSARY, SHARE INFORMATION WITH-POTENTIALLY APPROPRIATE CARE PROVIDERS AND THE PARTIES, AND SHALL-KEEP THE COURT APPRISED IN WRITING OF EFFORTS TO FIND AN APPROPRIATE-PROVIDER FOR THE RESPONDENT.-(7.5) IF THE COURT CERTIFIES THE RESPONDENT FOR SHORT-TERM-TREATMENT AND THE COURT FINDS THAT INPATIENT TREATMENT IS-NECESSARY PURSUANT TO SECTION 27-65-118 (l)(a), BUT AN INPATIENT-CARE PROVIDER HAS NOT BEEN LOCATED THAT WILL ACCEPT THE-RESPONDENT AFTER ALL REASONABLE EFFORTS HA VE BEEN EXHAUSTED, THE-COURT SHALL NOTIFY CDHS AND CERTIFY THE RESPONDENT FOR-OUTPATIENT TREATMENT PURSUANT TO SECTION 27-65-109.5.-(8) The respondent or the respondent's attorney may, at any time, file-a written request for the court to review short-term certification or request-that inpatient certification be changed to outpatient treatment. If the review-is requested, the court shall hear the matter within fourteen days after the-request, and the court shall give notice to the respondent, the respondent's-PAGE 85-SENATE BILL 26-149-attorney, the department, and the community or facility provider who is or-will provide treatment. The hearing must be held in accordance with section-27-65-113 SECTION 27-65-113 .1. At the conclusion of the hearing, the court-may enter or confirm the certification for short-term treatment, discharge-the respondent, or enter any other appropriate order.-(9) Section 27-65-109 (7) to (10) applies to prnc-eedings held-pursuant to this section IN DETERMINING WHETHER TO CERTIFY THE-RESPONDENT OR RULING UPON ANY OBJECTION TO THE CERTIFICATION, THE-COURT SHALL CONSIDER THE RESPONDENT'S HISTORY OF EMERGENCY-MENTAL HEALTH HOLDS INVOKED PURSUANT TO SECTION 27-65-106,-CERTIFICATIONS FOR SHORT-TERM TREATMENT OR LONG-TERM CARE AND-TREATMENT, FINDINGS OF INCOMPETENCY TO PROCEED PURSUANT TO-ARTICLE 8 OR 8.5 or TITLE 16, AND INPATIENT PSYCHIATRIC-HOSPITALIZATIONS, AND WHETHER THE RESPONDENT QUALIFIES AS HA YING-A PERSISTENT MENTAL HEAL TH DISORDER.-(10) In-assessing-whther the 1espondc1tt with a pending criminal-charge is a danger to self or others or is gravely disabled, if the person is-incarcerated, the prnfessional pezson and court shall not rely upon the fact-that the per son is incarcerated to establish that the respondent is not-a-danger to self or others 0t is not gravely disabled.-(11) An emergency 111entct] health hold pursuant to section-27-65-106 is not a prerequisite to a proceeding pursuant to this section.-SECTION 10. In Colorado Revised Statutes, 27-65-109, amend-(1), (2) introductory portion, (2)(a), and (9); repeal (7); and add (2.5) and-(11) as follows:-27-65-109. Certification for short-term treatment - procedure.-( 1) A person may be certified for not more than three months for-short-term treatment under the following conditions:-(a) The professional staff of the facility detaining the person on an-emergency mental health hold has evaluated the person and has found the-person has a mental health disorder and, as a I esult of the mental health-disorder, is a danger to the person's self or others or is gravely disabled-MEETS THE CRITERIA FOR CERTIFICATION FOR SHORT-TERM TREATMENT-PAGE 86-SENATE BILL 26-149-PURSUANT TO SECTION 27-65-108.3 ( 1 );-(b) The person has been advised of the a"Vailability of, but has not-accepted, voluntary treatment, but, if reasonable grounds exist to believe-that the person will not remain in a voluntary treatment program, the-person's acceptance of voluntary treatment does not pteclttde certification;-te} (b) The facility or community provider that will provide-short-term treatment has been designated by the commissioner to provide-such treatment; and-td) ( c) The person, the person's legal guardian, and the person's lay-person, if applicable, have been advised of the person's right to an attorney-and to contest the certification for short-term treatment.-(2) The notice of certification must be signed by a professional-person who participated in the evaluation CONDUCTED PURSUANT TO-SUBSECTION (1 )(a) OF THIS SECTION. The notice of certification must:-(a) State facts sufficient to establish reasonable grounds to believe-that the respondent has a mental health disorder and, as a result of the-mental health dismder, is a danger to the tespondent's self ot others or is-gravely disabled MEETS THE CRITERIA FOR CERTIFICATION FOR SHORT-TERM-TREATMENT PURSUANT TO SECTION 27-65-108.3 (1);-(2.5) (a) IF THE PROFESSIONAL STAFF OF THE FACILITY DETAINING-THE PERSON ON AN EMERGENCY MENTAL HEALTH HOLD HAS DETERMINED-THE PERSON HAS A PERSISTENT MENTAL HEALTH DISORDER, THE NOTICE OF-CERTIFICATION MUST STATE THAT THE PERSON HAS A PERSISTENT MENTAL-HEAL TH DISORDER AND INCLUDE A SUMMARY OF THE PERSON'S HISTORY OF-EMERGENCY MENTAL HEALTH HOLDS INVOKED PURSUANT TO SECTION-27-65-106, CERTIFICATIONS FOR SHORT-TERM TREATMENT OR LONG-TERM-CARE AND TREATMENT, FINDINGS OF INCOMPETENCY TO PROCEED PURSUANT-TO ARTICLE 8 OR 8.5 OF TITLE 16, AND INPATIENT PSYCHIATRIC-HOSPITALIZATIONS.-(b) IN RULING UPON ANY OBJECTION TO THE CERTIFICATION, THE-COURT SHALL CONSIDER THE PERSON'S HISTORY OF EMERGENCY MENTAL-HEALTH HOLDS INVOKED PURSUANT TO SECTION 27-65-106, CERTIFICATIONS-FOR SHORT-TERM TREATMENT OR LONG-TERM CARE AND TREATMENT,-PAGE 87-SENATE BILL 26-149-FINDINGSOFINCOMPETENCYTOPROCEEDPURSUANTTOARTICLE8OR8.5OF-TITLE 16, AND INPATIENT PSYCHIATRIC HOSPITALIZATIONS, AND WHETHER-THE PERSON QUALIFIES AS HA YING A PERSISTENT MENTAL HEAL TH-DISORDER.-(7) Recotds and papets in prnceedings pmsuant to this section must-be maintained separately by the cletks of the se\letal courts. Upon the-release ofarcy respondent in accordance with section 27-65-112, the facility-shall notify the clerk of the court within the days aftet the telease, and the-clerk shall immediately seal the recmd in the case and omit the name of the-respondent ft om the index of cases in the court until and unless the-respondent becomes subject to an mdet of certification fot long-tenn cate-and treatment pmsuant to section 27-65-110 or until and unless the court-mdets the tecotds ope1ted f-o1 good-cause shown. In the event a petition is-filed pmsuant to section 27-65-110, the certification tecmd may be opened-and become a part of the tecord in the long-tetm cate and tteatnrent case-and the name of the tesponde1tt indexed.-(9) IN ACCORDANCE WITH THE PROCEDURES DESCRIBED IN SECTION-27-65-112, a respondent certified for short-term treatment may be-discharged upon the signature of the treating medical professional and the-medical director of the facility. A respondent certified for short-term-treatment on an outpatient basis may be discharged upon the signature of-the approved professional person overseeing the respondent's treatment, and-the professional person shall notify the BHA prior to the discharge. A-facility or program shall make the respondent's discharge instructions-available to the respondent, the respondent's attorney, and the respondent's-legal guardian, if applicable, within seven days after discharge, if requested.-A facility or program that is transferring a respondent to a different-treatment facility or to an outpatient provider shall provide all treatment-records to the facility or provider accepting the respondent at least-twenty-four hours prior to the transfer.-(11) THE DEPARTMENT AND THE BHA MAY RECEIVE AND POSSESS-ALL INFORMATION RELEVANT TO THE PROCEEDINGS HELD PURSUANT TO THIS-SECTION, INCLUDING COMPETENCY AND MENTAL HEALTH EVALUATIONS;-ANY MEDICAL AND MENTAL HEALTH RECORDS FOR WHICH A WAIVER OR-PRIVILEGE HAS BEEN FOUND IN PROCEEDINGS HELD PURSUANT TO THIS-SECTION OR PURSUANT TO ARTICLE 8 OR 8.5 OF TITLE 16; AND RELEVANT-CRIMINAL JUSTICE RECORDS, INCLUDING ANY CRIMINAL HISTORY OF THE-PAGE 88-SENATE BILL 26-149-RESPONDENT. THE DEPARTMENT MAY SHARE AND DISCUSS THE RELEVANT-INFORMATION WITH THE PARTIES TO THE PROCEEDINGS.-SECTION 11. In Colorado Revised Statutes, add 27-65-109.5 as-follows:-27-65-109.5. Certification for short-term outpatient treatment.-(1) A PERSON MAY BE CERTIFIED FOR NOT MORE THAN THREE-MONTHS FOR SHORT-TERM OUTPATIENT TREATMENT IF A PROFESSIONAL-PERSON OR INTERVENING PROFESSIONAL ACTING WITHIN THE SCOPE OF THEIR-AUTHORITY AND LICENSURE:-(a) HAS AN ESTABLISHED TREATMENT RELATIONSHIP WITH THE-PERSON, INCLUDING HAVING PROVIDED CARE TO THE PERSON IN THE PAST-THREE MONTHS, WHICH CARE FORMS THE BASIS FOR REQUESTING THE-OUTPATIENT CERTIFICATION;-(b) HAS EVALUATED THE PERSON WITHIN THE PAST THREE MONTHS-AND OPINED THAT THE PERSON MEETS THE CRITERIA FOR CERTIFICATION FOR-SHORT-TERM TREATMENT PURSUANT TO SECTION 27-65-108.3 (l); AND-(c) FILES WITH THE COURT A SIGNED OUTPATIENT CERTIFICATION.-(2) (a) THE PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL-ACTING WITHIN THE SCOPE OF THEIR AUTHORITY AND LICENSURE IS THE-PETITIONER.-(b) PRIOR TO FILING THE PETITION, THE PETITIONER SHALL:-(I) ASK THE RESPONDENT TO DESIGNATE A LAY PERSON WHOM THE-RESPONDENT WISHES TO BE INFORMED REGARDING THE OUTPATIENT-CERTIFICATION;-(II) PROVIDE THE RESPONDENT WITH A COPY OF THE OUTPATIENT-CERTIFICATION; AND-(Ill) PROVIDE THE RESPONDENT WITH THE CONT ACT INFORMATION-FOR THE COURT IN WHICH THE OUTPATIENT CERTIFICATION WILL BE FILED-AND FOR ANY DESIGNATED PROVIDER THAT IS WILLING TO HOLD THE-PAGE 89-SENATE BILL 26-149-OUTPATIENT CERTIFICATION AND THAT HAS BEEN IDENTIFIED BY THE-COMMISSIONER TO PROVIDE TREATMENT.-(3) THE SIGNED OUTPATIENT CERTIFICATION MUST:-(a) STATE SUFFICIENT FACTS TO ESTABLISH REASONABLE GROUNDS-THAT THE RESPONDENT MEETS THE CRITERIA SET FORTH IN SECTION-27-65-108.3;-(b) BE FILED WITH THE COURT WITHIN FOURTEEN DAYS, EXCLUDING-SATURDAYS, SUNDAYS, AND COURT HOLIDAYS, AFTER THE INITIATING-PARTY RECEIVED THE COURT ORDER FROM THE CRIMINAL COURT INITIATING-THEOUTPATIENTCERTIFICATION,ANDACOPYMUSTBEPROVIDEDTOCDHS-AND THE BHA WITHIN TWENTY-FOUR HOURS AFTER FILING THE OUTPATIENT-CERTIFICATION;-( c) PROVIDE ALL CONTACT INFORMATION THAT THE PETITIONER HAS-FOR THE RESPONDENT;-(d) PROVIDE THE NAME AND CONTACT INFORMATION FOR THE LAY-PERSON DESIGNATED BY THE RESPONDENT, OR FOR ANY FAMILY OR FRIENDS-OF THE RESPONDENT IF THE RESPONDENT WAS UNWILLING OR INCAPABLE OF-DESIGNATING A LAY PERSON; AND-( e) IDENTIFY ANY DESIGNATED PROVIDER THAT IS WILLING TO HOLD-THE OUTPATIENT CERTIFICATION AND THAT HAS BEEN IDENTIFIED BY THE-COMMISSIONER TO PROVIDE TREATMENT, OR INCLUDE A STATEMENT THAT-A DESIGNATED PROVIDER NEEDS TO BE IDENTIFIED.-(4) (a) IF THE PETITIONER HAS DETERMINED THE RESPONDENT HAS-A PERSISTENT MENTAL HEALTH DISORDER, THE NOTICE OF OUTPATIENT-CERTIFICATION MUST STATE THAT THE RESPONDENT HAS A PERSISTENT-MENTALHEALTHDISORDERANDINCLUDEASUMMARYOFTHERESPONDENT'S-HISTORY OF EMERGENCY MENTAL HEALTH HOLDS INVOKED PURSUANT TO-SECTION 27-65-106, CERTIFICATIONS FOR SHORT-TERM TREATMENT OR-LONG-TERi\1 CARE AND TREATMENT, FIN.DINGS OF INCOMPETENCY TO-PROCEED PURSUANT TO ARTICLE 8 OR 8.5 OF TITLE 16, AND INPATIENT-PSYCHIATRIC HOSPITALIZATIONS.-(b) IN RULING UPON ANY OBJECTION TO THE CERTIFICATION, THE-PAGE 90-SENATE BILL 26-149-COURT SHALL CONSIDER THE RESPONDENT'S HISTORY OF EMERGENCY-MENTAL HEALTH HOLDS INVOKED PURSUANT TO SECTION 27-65-106,-CERTIFICATIONS FOR SHORT-TERM TREATMENT OR LONG-TERM CARE AND-TREATMENT, FINDINGS OF INCOMPETENCY TO PROCEED PURSUANT TO-ARTICLE 8 OR 8.5 OF TITLE 16, AND INPATIENT PSYCHIATRIC-HOSPITALIZATIONS, AND WHETHER THE RESPONDENT QUALIFIES AS HA YING-A PERSISTENT MENTAL HEALTH DISORDER.-(5) (a) ONCE THE BHA RECEIVES THE NOTICE OF OUTPATIENT-CERTIFICATION, IF NO DESIGNATED PROVIDER HAS BEEN IDENTIFIED, THE-BHA SHALL PROVIDE CARE COORDINATION PURSUANT TO SECTION-27-65-108, WHICH INCLUDES MAKING DILIGENT EFFORTS TO IDENTIFY A-DESIGNATED PROVIDER TO HOLD THE OUTPATIENT CERTIFICATION AND-PROVIDE CARE TO THE RESPONDENT. THE BHA SHALL KEEP THE COURT,-PETITIONER, AND COUNTY ATTORNEY INFORMED IN WRITING REGARDING-ANY DESIGNATED PROVIDER THAT WILL HOLD THE OUTPATIENT-CERTIFICATION AND PROVIDE CARE TO THE RESPONDENT.-(b) ONCE A PROVIDER IS DESIGNATED TO HOLD THE OUTPATIENT-CERTIFICATION, THE PROVIDER SHALL NOTIFY THE BHA IF THE PROVIDER-HAS NOT MADE CONTACT WITH THE RESPONDENT WITHIN SEVEN DAYS AFTER-ACCEPTING THE OUTPATIENT CERTIFICATION. THE BHA SHALL NOTIFY THE-COURT IN WRITING THAT THE PROVIDER HAS NOT MADE CONTACT WITH THE-RESPONDENT WITHIN SEVEN DAYS AFTER ACCEPTING THE OUTPATIENT-CERTIFICATION.-( 6) IF THE RESPONDENT HAS NOT DESIGNATED A LAY PERSON WHOM-THE RESPONDENT WISHES TO BE INFORMED REGARDING THE OUTPATIENT-CERTIFICATION, THE RESPONDENT MUST BE ASKED AND ALLOWED TO-DESIGNATE A LAY PERSON AS SOON AS THE RESPONDENT IS CAPABLE AND-WILLING TO DO SO.-(7) WHENEVER AN OUTPATIENT CERTIFICATION IS FILED WITH THE-COURT BY A PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL, THE-COURT SHALL IMMEDIATELY APPOINT AN ATTORNEY TO REPRESENT THE-RESPONDENT. THE RESPONDENT HAS THE RIGHT TO AN ATTORNEY FOR ALL-PROCEEDINGS CONDUCTED PURSUANT TO THIS SECTION, INCLUDING ANY-APPEALS. THE ATTORNEY REPRESENTING THE RESPONDENT MUST BE-PROVIDED WITH A COPY OF THE OUTPATIENT CERTIFICATION AND ALL-SUPPORTING DOCUMENTATION IMMEDIATELY UPON THE ATTORNEY'S-PAGE 91-SENATE BILL 26-149-APPOINTMENT. THE RESPONDENT MAY ONLY WAIVE COUNSEL WHEN THE-RESPONDENT MAKES A KNOWING AND INTELLIGENT WAIVER IN FRONT OF THE-COURT.-(8) THE RESPONDENT OR THE RESPONDENT'S ATTORNEY MAY AT ANY-TIME FILE A WRITTEN REQUEST THAT THE CERTIFICATION FOR SHORT-TERM-TREATMENT OR THE TREATMENT BE REVIEWED BY THE COURT. IF A REVIEW-IS REQUESTED, THE COURT SHALL HEAR THE MA TIER WITHIN TEN DAYS-AFTER THE REQUEST, AND THE COURT SHALL GIVE NOTICE TO THE-RESPONDENT AND THE RESPONDENT'S ATTORNEY AND THE CERTIFYING AND-TREATING PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL OF THE-TIME AND PLACE OF THE HEARING. THE HEARING MUST BE HELD IN-ACCORDANCE WITH SECTION 27-65-113.1. AT THE CONCLUSION OF THE-HEARING, THE COURT MAY ENTER OR CONFIRM THE OUTPATIENT-CERTIFICATIONFORSHORT-TERMTREATMENT,DISCHARGETHERESPONDENT,-OR ENTER ANY OTHER APPROPRIATE ORDER.-(9) THIS SECTION DOES NOT REQUIRE A COURT APPEARANCE IF THE-RESPONDENT DOES NOT CONTEST THE OUTPATIENT CERTIFICATION AND A-DESIGNATED PROVIDER IS IDENTIFIED TO HOLD THE OUTPATIENT-CERTIFICATION AND THE DESIGNATED PROVIDER MAKES CONTACT WITH THE-RESPONDENT WITHIN SEVEN DAYS AFTER THE DESIGNATED PROVIDER BEGINS-HOLDING THE OUTPATIENT CERTIFICATION.-( 10) THE COURT SHALL SET A HEARING WITHIN THIRTY DAYS IF:-(a) THE RESPONDENT REQUESTS TO CONTEST, MODIFY, OR-TERMINATE THE OUTPATIENT CERTIFICATION;-(b) THE OUTPATIENT CERTIFICATION WAS FILED AND A DESIGNATED-PROVIDER WAS NOT IDENTIFIED WITHIN SEVEN DAYS AFTER THE FILING OF-THE OUTPATIENT CERTIFICATION; OR-(c) THE DESIGNATED PROVIDER DID NOT MAKE CONTACT WITH THE-RESPONDENT WITHIN SEVEN DAYS AFTER THE DESIGNATED PROVIDER BEGAN-HOLDING THE OUTPATIENT CERTIFICATION.-( 11) THE COURT MAY SET A COURT REVIEW OR HEARING FOR GOOD-CAUSE SHOWN AT ANY TIME UPON THE REQUEST OF A PARTY, THE COUNTY-ATTORNEY RESPONSIBLE FOR PROCEEDINGS, OR THE COURT'S OWN MOTION.-PAGE 92-SENATE BILL 26-149-(12) THE BHA MAY RECEIVE AND POSSESS ALL INFORMATION-RELEVANT TO THE PROCEEDINGS PURSUANT TO THIS SECTION, INCLUDING-COMPETENCY AND MENTAL HEALTH EVALUATIONS; ANY MEDICAL AND-MENTAL HEALTH RECORDS FOR WHICH A WAIVER OR PRIVILEGE HAS BEEN-FOUND IN PROCEEDINGS PURSUANT TO THIS SECTION OR PURSUANT TO-ARTICLE 8 OR 8.5 OF TITLE 16; AND RELEVANT CRIMINAL JUSTICE RECORDS,-INCLUDING ANY CRIMINAL HISTORY OF THE RESPONDENT. THE BHA MAY-SHARE AND DISCUSS THE RELEVANT INFORMATION WITH THE PARTIES TO THE-PROCEEDINGS.-( 13) IN ACCORDANCE WITH THE PROCEDURES DESCRIBED IN SECTION-27-65-112, A RESPONDENT CERTIFIED FOR SHORT-TERM TREATMENT ON AN-OUTPATIENT BASIS MAY BE DISCHARGED UPON THE SIGNATURE OF THE-APPROVED PROFESSIONAL PERSON OVERSEEING THE RESPONDENT'S-TREATMENT, AND THE PROFESSIONAL PERSON SHALL NOTIFY THE BHA PRIOR-TO THE DISCHARGE. A FACILITY OR PROGRAM SHALL MAKE THE-RESPONDENT'S DISCHARGE INSTRUCTIONS AVAILABLE TO THE RESPONDENT,-THE RESPONDENT'S ATTORNEY, AND THE RESPONDENT'S LEGAL GUARDIAN,-IF APPLICABLE, WITHIN SEVEN DAYS AFTER DISCHARGE, IF REQUESTED. A-FACILITY OR PROGRAM THAT IS TRANSFERRING A RESPONDENT TO A-DIFFERENT TREATMENT FACILITY OR TO AN OUTPATIENT PROVIDER SHALL-PROVIDE ALL TREATMENT RECORDS TO THE FACILITY OR PROVIDER-ACCEPTING THE RESPONDENT AT LEAST TWENTY-FOUR HOURS PRIOR TO THE-TRANSFER.-( 14) IF THE PROFESSIONAL PERSON IN CHARGE OF THE EVALUATION-AND TREATMENT BELIEVES THAT A PERIOD LONGER THAN THREE MONTHS IS-NECESSARY TO TREAT THE RESPONDENT, THE PROFESSIONAL PERSON SHALL-FILE WITH THE COURT AN EXTENDED CERTIFICATION AT LEAST THIRTY DAYS-PRIOR TO THE EXPIRATION DATE OF THE ORIGINAL CERTIFICATION. AN-EXTENDED CERTIFICATION FOR TREATMENT MUST NOT BE FOR A PERIOD OF-MORE THAN THREE MONTHS. THE RESPONDENT IS ENTITLED TO A HEARING-ON THE EXTENDED CERTIFICATION UNDER THE SAME CONDITIONS AS AN-ORIGINAL CERTIFICATION. THE ATTORNEY INITIALLY REPRESENTING THE-RESPONDENT SHALL CONTINUE TO REPRESENT THE RESPONDENT, UNLESS THE-COURT APPOINTS ANOTHER ATTORNEY.-(15) THIS SECTION DOES NOT PRECLUDE ANY PROCEEDINGS OR-ACTIONS PURSUANT TO SECTION 27-65-106, 27-65-108.5, OR 27-65-109.-PAGE 93-SENATE BILL 26-149-SECTION 12. In Colorado Revised Statutes, 27-65-110, amend-(1), (4), and (5) as follows:-27-65-110. Certification for long-term ·care and treatment --procedure.-(1) Whenever a respondent has received an extended certification-for treatment pursuant to section 27-65-109 ( 10), including as it is applied-to court-ordered certification pursuant to section 27-65-108.5, t9}; the-professional person in charge of the certification for short-term treatment-or the BHA may file a petition with the court at least thirty days prior to the-expiration date of the extended certification for long-tenn care and-treatment of the respondent under the following conditions:-(a) The professional staff of the agency or facility providing-short-term treatment has analyzed the respondent's condition and has found-that the respondent has a mental he.alth disorder and, as a result of the-mental health disorder, is a danger to the respondent's self or others or is-gravely disabled CONTINUES TO MEET THE CRITERIA AND STANDARDS FOR-CERTIFICATION FOR SHORT-TERM TREATMENT PURSUANT TO SECTION-27-65-108.3 (l); AND-(b) The resporident has been advised of the availability of, but has-not accepted, voluntary treatment, but, if I easonable grounds exist to believe-that the I espondent will not remain in a voluntary tr eatmcnt program, the-respondent's acceptance of voluntary treatment does not pr eelude an or det-pmsuant to this section, and-te} (b) The facility that will provide long-term care and treatment-has been designated by the commissioner to provide the care and treatment.-(4) The court or jury shall dete1mine whether the conditions of-subsection ( 1) of this section are met and whether the respondent has-a-mental health dism der and, as a I esult of the mental health disorder, is a-dattger to the respondent's self or others 01 is gr a\i ely disabled CONTINUES-TO MEET THE CRITERIA AND STANDARDS FOR CERTIFICATION FOR-SHORT-TERMTREATMENTPURSUANTTOSECTION27-65-108.3 (1). The court-shall issue an order oflong-term care and treatment for a term not to exceed-six months, discharge the respondent for whom long-term care and-treatment was sought, or enter any other appropriate order. An order for-PAGE 94-SENATE BILL 26-149-long-term care and treatment must grant custody of the respondent to the-BHA for placement with an agency or facility designated by the-commissioner to provide long-term care and treatment. The BHA may-delegate the physical custody of the respondent to a facility designated by-the commissioner and the requirement for the provision of services and care-coordination. When a petition contains a request that a specific legal-disability be imposed or that a specific legal right be deprived, the court-may order the disability imposed or the right deprived if the court or a jury-has determined that the respondent has a mental health disorder or is-gravely disabled and that, as a result, the respondent is unable to-competently exercise the specific legal right or perfonn the function for-which the disability is sought to be imposed. Any interested person may ask-leave of the court to intervene as a copetitioner for the purpose of seeking-the imposition of a legal disability or the deprivation of a legal right.-(5) An original order of long-term care and treatment or any-extension of such order expires on the date specified, unless further-extended as provided in this subsection (5). If an extension is being sought,-the professional person in charge of the evaluation and treatment shall-certify to the court at least thirty days prior to the expiration date of the-order in force that an extension of the order is necessary for the care and-treatment of the respondent subject to the order in force, and a copy of the-certification must be simultaneously delivered to the respondent and-electronically delivered to the respondent's attorney of record. At least-twenty days before the expiration of the order, the court shall give written-notice to the respondent and the respondent's attorney of record that a-hearing upon the extension may be had before the court or a jury upon-written request to the court within ten days after receipt of the notice. If a-hearing is not requested by the respondent within such time, the court may-proceed ex parte. If a hearing is timely requested, the hearing must be held-before the expiration date of the order in force. If the court or jury finds that-the conditions of subsection ( 1) of this section continue to be met and that-the respondent has a mental health disorder and, as a result of the mental-health disorder, is a danger to THE RESPONDENT'S SELF' A DANGER TO others,-or to the respondent's self or is gravely disabled, the court shall issue an-extension of the order. Any extension must not exceed six months, but there-may be as many extensions as the court orders pursuant to this section.-SECTION 13. In Colorado Revised Statutes, 27-65-111, amend-(3), (6) introductory portion, (6)(a), and (6)U) as follows:-PAGE 95-SENATE BILL 26-149-27-65-111. Certification on an outpatient basis - civil-commitment - short-term and long-term treatment.-(3) The facility responsible for providing services to a respondent-on a certification on an outpatient basis shall proactively reach out to the-respondent to engage the respondent in treatment. If the respondent refuses-treatment or court-ordered medication and is decompensating-psychiatrically, the court may order a certified peace officer or secure-transportation provider to transport the respondent to an appropriate,-least-restrictive designated facility in collaboration with the BRA and the-provider holding the certification. The respondent does not need to be-imn1inently dangerous AN IMMINENT DANGER to the respondent's self or AN-IMMINENT DANGER TO others for the provider to request, and the court to-order, transportation to a facility for the respondent to receive treatment and-court-ordered medications. The facility responsible for providing services-to a respondent on a certification on an outpatient basis shall provide the-court information on the facility's proactive outreach to the respondent and-the professional person's and psychiatric advanced practice registered-nurse's basis for medical opinion.-(6) A respondent subject to a CERTIFICATION FOR short-term or-TREATMENT, CERTIFICATION FOR long-term certification CARE AND-TREATMENT, OR CIVIL COMMITMENT PURSUANT TO SECTION 27-65-201 on-an outpatient basis has the following rights, in addition to those enumerated-in section 27-65-119:-(a) To request a change to voluntary status. A change to voluntary-status may be denied by the supervising professional person or advanced-practice registered nurse with training in psychiatric nursing responsible for-the respondent's treatment if the professional person or advanced practice-registered nurse with training in psychiatric nursing determines reasonable-grounds exist to believe that the respondent will not remain in a voluntary-treatment program. THIS SUBSECTION (6)(a) DOES NOT APPLY TO A-RESPONDENT WHO IS CIVILLY COMMITTED PURSUANT TO SECTION 27-65-201.-G) To have the right to file a motion with the court at any time to-contest the certification. THIS SUBSECTION (6)G) DOES NOT APPLY TO A-RESPONDENTWHOISCIVILLYCOMMITTEDPURSUANTTOSECTION27-65-201.-SECTION 14. In Colorado Revised Statutes, 27-65-112, amend (1)-PAGE 96-SENATE BILL 26-149-as follows:-27-65-112. Termination of certification for short-term and-long-term treatment.-( 1) (a) An original or extended certification for short-term treatment-issued pursuant to section 27-65-108.5 or 27-65-109 27-65-108.5,-27-65-109, OR 27-65-109.5, or an order or extension for certification for-long-term care and treatment pursuant to section 27-65-110, terminates a3-soon as WHEN the professional person in charge of treatment of the-respondent and the BHA, AFTER A REASONABLE OBSERVATION AND-TREATMENT PERIOD, detennine the respondent has received sufficient-benefit from the treatment for the respondent to end involuntary treatment.-Whenever a certification or extended certification is terminated ptttsuant to-this section, the professional pet son in chat ge of pm v iding treatment shall-notify the court in writing within five days after the termination NO LONGER-MEETS THE CRITERIA FOR CERTIFICATION FOR SHORT-TERM TREATMENT-PURSUANT TO SECTION 27-65-108.3 (1).-(b) PRIOR TO TERMINATING A CERTIFICATION FOR SHORT-TERM-TREATMENT, THE FACILITY OR COMMUNITY PROVIDER Tl-IA TIS CERTIFIED TO-PROVIDE TREATMENT TO THE RESPONDENT SHALL REVIEW AND CONSIDER-THE REASONABLY AV AI LAB LE HISTORY OF THE RESPONDENT, INCLUDING ANY-HISTORY OF EMERGENCY MENTAL HEALTH HOLDS INVOKED PURSUANT TO-SECTION 27-65-106, CERTIFICATIONS FOR SHORT-TERM TREATMENT OR-LONG-TERM CARE AND TREATMENT, FINDINGS OF INCOMPETENCY TO-PROCEED PURSUANT TO ARTICLE 8 OR 8.5 OF TITLE 16, AND INPATIENT-PSYCHIATRIC HOSPITALIZATIONS.-(c) A CERTIFICATION FOR SHORT-TERM TREATMENT MUST NOT BE-TERMINATED LESS THAN THIRTY DAYS AFTER THE DA TE OF THE INITIAL-CERTIFICATION UNLESS THE TERMINATION COMPLIES WITH SUBSECTION-( 1 )( d) OF THIS SECTION. A CERTIFICATION FOR SHORT-TERM TREATMENT OF-A RESPONDENT WHO HAS A PERSISTENT MENTAL HEALTH DISORDER MUST-NOT BE TERMINATED UNLESS THE TERMINATION COMPLIES WITH SUBSECTION-( 1 )( e) OF THIS SECTION UNLESS THE CERTIFICATION IS BEING TERMINATED-BY:-(I) A COMMUNITY PROVIDER HOLDING AN OUTPATIENT-CERTIFICATION THAT EMPLOYS TWO OR MORE PROFESSIONAL PERSONS; OR-PAGE 97-SENATE BILL 26-149-(II) A FACILITY HOLDING AN INPATIENT CERTIFICATION THAT HAS-TWO OR MORE PROFESSIONAL PERSONS WORKING IN THE TWELVE HOURS-PRECEDING THE TIME PRIOR TO THE TERMINATION.-( d) (I) THE PROFESSIONAL PERSON IN CHARGE OF THE RESPONDENT'S-CARE SHALL NOT APPROVE THE TERMINATION OF THE RESPONDENT'S-CERTIFICATION WITHIN THIRTY DAYS AFTER THE DATE OF THE INITIAL-CERTIFICATION FOR SHORT-TERM TREATMENT UNLESS TWO PROFESSIONAL-PERSONS HA VE INDIVIDUALLY CONSULTED AND REVIEWED THE-RESPONDENT'S CASE AND AGREE THAT THE RESPONDENT NO LONGER MEETS-THE CRITERIA FOR CERTIFICATION FOR SHORT-TERM TREATMENT.-(II) AT LEAST ONE OF THE PROFESSIONAL PERSONS MUST BE THE-PROFESSIONAL PERSON MOST RESPONSIBLE FOR INTERACTING WITH AND-PROVIDING DIRECT CARE AND TREATMENT TO THE RESPONDENT. THE-PROFESSIONAL PERSON IN CHARGE OF THE RESPONDENT'S CARE MAY SERVE-AS ONE OF THE TWO PROFESSIONAL PERSONS IF THE PROFESSIONAL PERSON-IN CHARGE OF THE RESPONDENT'S CARE IS THE PROFESSIONAL PERSON MOST-RESPONSIBLE FOR INTERACTING WITH AND PROVIDING DIRECT CARE AND-TREATMENT TO THE RESPONDENT. THE OTHER PROFESSIONAL PERSON IS NOT-REQUIRED TO INTERACT WITH THE RESPONDENT. THIS SUBSECTION ( 1 )( d)-DOES NOT PREVENT EITHER PROFESSIONAL PERSON FROM INTERACTING WITH-OR EXAMINING THE RESPONDENT IF IT IS MEDICALLY APPROPRIATE.-(III) WHEN CONSUL TING AND REVIEWING THE RESPONDENT'S CASE,-BOTH PROFESSIONAL PERSONS SHALL CONSIDER THE REQUIREMENTS OF-SECTION 27-65-] 08.3 (2), (3), AND ( 4).-( e) THE PROFESSIONAL PERSON IN CHARGE OF THE CARE OF A-RESPONDENT WHO HAS A PERSISTENT MENTAL HEAL TH DISORDER SHALL NOT-APPROVE THE TERMINATION OF THE RESPONDENT'S CERTIFICATION FROM AN-INPATIENT SETTING WITHIN THIRTY DAYS AFTER THE DATE OF THE INITIAL-CERTIFICATION FOR SHORT-TERM TREATMENT UNLESS TWO PROFESSIONAL-PERSONS INDEPENDENTLY EVALUATE THE RESPONDENT, INDEPENDENTLY-AGREE THAT THE RESPONDENT NO LONGER MEETS THE CRITERIA FOR-CERTIFICATION FOR SHORT-TERM TREATMENT, AND INDEPENDENTLY SIGN A-STATEMENT IN ACCORDANCE WITH SUBSECTION (l)(f) OF THIS SECTION.-BOTI-1 PROFESSIONAL PERSONS SHALL CONSIDER THE REQUIREMENTS OF-SECTION 27-65-108.3 (2), (3), AND (4).-PAGE 98-SENATE BILL 26-149-(f) (I) IF THE RESPONDENT HAS A PERSISTENT MENTAL HEALTH-DISORDER AND THE PROFESSIONAL PERSON IS DISCHARGING THE-CERTIFICATIONFORSHORT-TERMTREATMENTFROMANINPATIENTSETTING,-THE PROFESSIONAL PERSON SHALL SIGN A WRITTEN STATEMENT THAT-STATES:-(A) TERMINATING THE CERTIFICATION FOR SHORT-TERM-TREATMENT, RATHER THAN TRANSFERRING THE CERTIFICATION TO AN-OUTPATIENT PROVIDER OR OUTPATIENT SETTING, IS MEDICALLY-APPROPRIATE; AND-(B) THE PROFESSIONAL PERSON REASONABLY BELIEVES THAT THE-RESPONDENT WILL SEEK THE RECOMMENDED PSYCHIATRIC CARE WITHOUT-A CONTINUED CERTIFICATION WITHIN THE NEXT SIXTY DAYS DESPITE-CONSIDERATIONS OF ANY PAST: PSYCHIATRIC DETERIORATION; STATEMENTS-OF THE RESPONDENT ASSERTING A WILLINGNESS TO SEEK VOLUNTARY CARE-THAT THE RESPONDENT DID NOT SUBSEQUENTLY PURSUE; HISTORY OF-REPETITIVE EMERGENCY MENTAL HEALTH HOLDS PURSUANT TO SECTION-27-65-106 OR CERTIFICATIONS FOR SHORT-TERM TREATMENT OR LONG-TERM-CARE AND TREATMENT; AND CRIMINAL CHARGES FOR WHICH THE-RESPONDENT WAS FOUND INCOMPETENT TO PROCEED PURSUANT TO ARTICLE-8.5 OF TITLE 16.-(11) THIS SUBSECTION (l)(f) DOES NOT CREATE A CAUSE OF ACTION.-A PROFESSIONAL PERSON OR ENTITY THAT PROVIDES CARE TO A RESPONDENT-UNDER A CERTIFICATION IS NOT LIABLE FOR COMPLIANCE OR-NONCOMPLIANCE WITH THIS SUBSECTION (l)(f).-(g) SUBSECTIONS (l)(d), (l)(e), AND (l)(f) OF THIS SECTION DO NOT-APPLY IF A CERTIFICATION FOR SHORT-TERM TREATMENT IS TRANSFERRED-TO ANOTHER INPATIENT OR OUTPATIENT PROVIDER OR IF A RESPONDENT IS-DISCHARGED FROM AN INPATIENT SETTING WHEN THE PROFESSIONAL PERSON-SIGNS AN OUTPATIENT CERTIFICATION PURSUANT TO SECTION 27-65-109 .5-(3)(e) THAT INCLUDES A STATEMENT THAT A PROVIDER NEEDS TO BE-IDENTIFIED.-(h) WHEN A CERTIFICATION FOR SHORT-TERM TREATMENT OR AN-EXTENDED CERTIFICATION IS TERMINATED PURSUANT TO THIS SECTION, THE-PROFESSIONAL PERSON IN CHARGE OF PROVIDING TREATMENT TO THE-RESPONDENT SHALL NOTIFY THE COURT IN WRITING WITHIN FIVE DAYS AFTER-PAGE 99-SENATE BILL 26-149-THE TERMINATION. IF THE RESPONDENT HAS A PERSISTENT MENTAL HEALTH-DISORDER AND WAS TERMINATED FROM AN INPATIENT SETTING WITHIN-THIRTY DAYS AFTER THE DATE OF THE INITIAL SHORT-TERM CERTIFICATION,-THE NOTICE MUST INCLUDE A COPY OF THE STATEMENT DESCRIBED IN-SUBSECTION (l)(f) OF THIS SECTION AND BE PLACED IN THE RESPONDENT'S-MEDICAL RECORD.-SECTION 15. In Colorado Revised Statutes, amend 27-65-113 as-follows:-27-65-113. Jurisdiction - transfer.-(1) -Hearings befure the court puuma11t----to-section 27-65-108 .5,-27-65-109, 01 27-65-110 are conducted in the same manner as other civil-proceedings before the court. The burden of proof is on the per son or-facility seeking to detain the respondent. The court 01 jury shall determine-that the respondent is in need of care and treatment only if the court or jury-finds by clear and convincing e\i idenee that the I espondent has a mental-health disorder and, as a I esult of the mental health disorder, is a danger-to-the respondent's self 01 others or is gravely disabled.-(2) The court, after consultation with I espondent's counsel to obtain-counsel's recommendations, may appoint a professional person to examine-the respondent for whom short-tenn treatment 01 long-term care and-treatment is sought and to testify at the hearing before the court as to the-results of the prof-essional person's examination. The court-appointed-pr ofcssional per son shall act solely in anad v isory capacity, and no-presumption is attached to the professional person's findings.-(3) Every respondent subject to an order for short-term treatment or-long-term care and treatment must be advised of the respondent1s--right-to-appeal the order by the court at the conclusion of any hearing and, as a-resttl:t, the order may be entered.-f41 (1) (a) The court in which the A petition is filed under section-27-65-106 01 the OR certification is filed pursuant to section 27-65-109 THIS-ARTICLE 65, OR A COURT AUTHORIZED TO CONDUCT PROCEEDINGS PURSUANT-TO THIS ARTICLE 65 THAT RECEIVES A COURT ORDER TRANSFERRING-JURISDICTION OF A CIVIL COMMITMENT PURSUANT TO SECTION 16-8.5-118,-is the court of original jurisdiction and of continuing jurisdiction for any-PAGE 100-SENA TE BILL 26-149-further proceedings pursuant to this article 65.-(b) When the convenience of the parties and the ends of justice-would be promoted by a change in the court having jurisdiction, the court-may order a transfer of the proceeding to another county. Until further order-of the transferee court, if any, it is the court of continuing jurisdiction. IF-MULTIPLE CRIMINAL COURTS REFER A MATTER FOR PROCEEDING PURSUANT-TOSECTION27-65-201 OR27-65-108.5,ANYCOURTWITHJURISDICTIONMAY-TRANSFER THE PROCEEDING TO ANOTHER COUNTY AND ALLOW FOR-CONSOLIDATION OF PROCEEDINGS INTO ONE PROCEEDING, WHICH MAY-OCCUR IN ANY COUNTY THAT PROMOTES THE CONVENIENCE OF THE PARTIES-AND THE ENDS OF JUSTICE.-(2) (a) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION (2),-ANY PETITION, CERTIFICATION, TRANSFER OF JURISDICTION OF A CIVIL-COMMITMENT, OR REQUEST FOR A PROCEEDING MAY BE FILED WHERE THE-RESPONDENT RESIDES OR IS PHYSICALLY PRESENT FOR TREATMENT.-(b) A REQUEST FOR APPOINTMENT OF AN ATTORNEY OR FOR-PROCEEDINGS PURSUANT TO SECTION 27-65-104 REGARDING VOLUNTARY-TREATMENT OF A MINOR TO WHICH THE MINOR OBJECTS MAY BE FILED IN THE-JURISDICTION WHERE THE MINOR IS HOSPITALIZED.-( c) A PETITION OR REQUEST FOR A PROCEEDING REGARDING AN-EMERGENCY MENTAL HEALTH HOLD ORDERED PURSUANT TO SECTION-27-65-106 OR CERTIFICATION FOR SHORT-TERM TREATMENT ORDERED-PURSUANT TO SECTION 27-65-109 MAY BE FILED IN THE JURISDICTION WHERE-THE RESPONDENT RESIDES, WAS PHYSICALLY PRESENT AND TRANSPORTED-FOR AN EMERGENCY MENTAL HEALTH HOLD, OR IS CURRENTLY IN AN-INPATIENT SETTING RECEIVING TREATMENT.-( d) A PETITION OR REQUEST FOR A PROCEEDING REGARDING-CERTIFICATION FOR SHORT-TERM TREATMENT FOR INCOMPETENT-DEFENDANTSINACRIMINALMATTERPURSUANTTOSECTION27-65-108.5OR-A CIVIL COMMITMENT PURSUANT TO SECTION 27-65-201 MAY BE FILED IN-THE JURISDICTION WHERE THE RESPONDENT RESIDES, WAS PHYSICALLY-PRESENT IMMEDIATELY PRIOR TO THE FILING OF THE PETITION, OR IS-RECEIVING INPATIENT TREATMENT OR WHERE THE CRIMINAL COURT THAT-REFERRED THE MATTER IS LOCATED.-PAGE 101-SENATE BILL 26-149-(5) (a) (3) (a) In the event that a respondent or a person WHO IS-ORDERED COMMITTED PURSUANT TO SECTION 16-8.5-118, OR IS BEING-SUPERVISED IN A COMMITMENT PURSUANT TO SECTION 27-65-201, OR IS-found not guilty by reason of impaired mental condition pursuant to section-16-8-103 .5 (5), or by reason of insanity pursuant to section 16-8-105 ( 4) or-16-8-105 .5, refuses to accept medication, the court having jurisdiction of-the action pursuant to subsection (4) SUBSECTION ( 1) of this section; the-court committing the person or defendant to the custody of the department-pursuant to section 16-8-103.5 (5), 16-8-105 ( 4), or 16-8-105.5; or the court-of the jurisdiction in which the designated facility treating the respondent-or person is located has jurisdiction and venue to accept a petition by a-treating physician and to enter an order requiring that the respondent or-person accept such THE treatment or, in the alternative, that the medication-be forcibly administered to the respondent or person. The court of the-jurisdiction in which the designated facility is located shall not exercise its-jurisdiction without the permission of the court that committed the person-to the custody of the department. Upon the filing of such a THE petition, the-court shall appoint an attorney, if one has not been appointed, to represent-the respondent or person and hear the matter within ten days.-(b) In any case brought pursuant to subsection (5)Ea} SUBSECTION-(3)(a) of this section in a court for the county in which the treating facility-is located, the county where the proceeding was initiated pursuant to-subsection t47 SUBSECTION (1) of this section or the court committing the-person to the custody of the department pursuant to section 16-8-103.5 (5),-16-8-105 (4), or 16-8-105.5 shall either·reimburse the county in which the-proceeding pursuant to this subsection (5) SUBSECTION (3) was filed and in-which the proceeding was held for the reasonable costs incurred in-conducting the proceeding or conduct the proceeding itself using its own-personnel and resources, including its own district or county attorney, as the-case may be.-( c) In the case of a defendant who is found incompetent to proceed-pursuant to section 16-8.5-103 and who refuses to accept medication, the-jurisdiction for the petition for involuntary treatment procedures is as set-forth in section 16-8.5-112 SECTION 16-8.5-106.-t6} (4) All adversarial proceedings pursuant to this article 65,-including proceedings to impose a legal disability pursuant to section-27-65-127, must be conducted by the district attorney of the county where-PAGE 102-SENATE BILL 26-149-the prnceeding is held or by a qualified attorney acting f-ot the district-attorney appointed by the district court f-ot that purpose, except that, in a11y-county or in any city and county having a population exceeding fifty-thousand persons, the prnceedings must be conducted by the county-attomey or by a qualified attorney acting f-ot the county attorney appointed-by the district court. In any case in which there has been a change of venue-to a county other than the county of residence of the respondent or the-county in which the certification proceeding was commenced, the county-from which the proceeding was transferred shall either reimburse the county-to which the proceeding was transferred and in which the proceeding was-held for the reasonable costs incurred in conducting the proceeding or-conduct the proceeding itself using its own personnel and resources,-including its own district -or county attorney, as the case may be.-(5) IF A CIVIL PROCEEDING WAS INITIATED PURSUANT TO THIS-ARTICLE 65 OR TRANSFERRED PURSUANT TO SECTION 16-8.5-118 BUT THE-PROCEEDING IS NO LONGER PROPER BECAUSE THE COURT DETERMINED THAT-THE RESPONDENT HAS AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY-OR A NEUROCOGNITIVE DISORDER, AS THOSE TERMS ARE DEFINED IN SECTION-25.5-10-501, WITHOUT ANY OTHER MENTAL HEALTH DISORDER, THE COURT-MAY MAINTAIN JURISDICTION BY ORDERING THE CASE TO PROCEED-PURSUANT TO ARTICLE 10 OF TITLE 25.5.-(7) Upon request of a legal guardian appointed pursuant to article-14 of title 15, the legal guardian may intervene in any prnceeding brnught-pursuant to this article 65 concerning the legal guardian's ward and, thrnugh-counsel, may pt esent evidence and rcpt esent to the court the views of the-legal guardian concerning the apprnpriate disposition of the case.-(8) A lay pet son may submit an affidavit to the eourt concerning the-lay pet son's t elationship to the t espondent, how long the lay pet son has-known the respondent, the lay pe1son's physical address, and the lay-person's views concerning the apprnpdate disposition of the respondent's-ease:--SECTION 16. In Colorado Revised Statutes, add 27-65-113.1 and-27-65-113.5 as follows:-27-65-113.1. Hearing procedures.-PAGE 103-SENATE BILL 26-149-(1) AHEARINGHELDPURSUANTTOSECTION27-65-108.5,27-65-109,-27-65-109.5, 27-65-110, 27-65-201, OR27-65-202 MUST BE CONDUCTED IN-THE SAME MANNER AS OTHER CIVIL PROCEEDINGS BEFORE THE COURT.-(2) THE COURT, AFTER CONSULTATION WITH THE RESPONDENT'S-COUNSEL TO OBTAIN THE COUNSEL'S RECOMMENDATIONS, MAY APPOINT A-PROFESSIONAL PERSON TO EXAMINE THE RESPONDENT FOR WHOM A-CERTIFICATION FOR SHORT-TERM TREATMENT OR LONG-TERM CARE AND-TREATMENT IS SOUGHT AND TESTIFY AT THE HEARING AS TO THE RES UL TS OF-THE PROFESSIONAL PERSON'S EXAMINATION. THE COURT-APPOINTED-PROFESSIONAL PERSON SHALL ACT SOLELY IN AN ADVISORY CAPACITY, AND-NO PRESUMPTION IS ATTACHED TO THE PROFESSIONAL PERSON'S FINDINGS.-(3) UPON REQUEST OF A LEGAL GUARDIAN APPOINTED PURSUANT TO-ARTICLE 14 OF TITLE 15, THE LEGAL GUARDIAN MAY INTERVENE IN ANY-PROCEEDING BROUGHT PURSUANT TO THIS ARTICLE 65 CONCERNING THE-LEGAL GUARDIAN'S WARD AND, THROUGH COUNSEL, MAY PRESENT EVIDENCE-AND REPRESENT TO THE COURT THE VIEWS OF THE LEGAL GUARDIAN-CONCERNING THE APPROPRIATE DISPOSITION OF THE CASE.-(4) A LAY PERSON MAY SUBMIT AN AFFIDAVIT TO THE COURT-CONCERNING THE LAY PERSON'S RELATIONSHIP TO THE RESPONDENT, HOW-LONG THE LAY PERSON HAS KNOWN THE RESPONDENT, THE LAY PERSON'S-PHYSICAL ADDRESS, AND THE LAY PERSON'S VIEWS CONCERNING THE-APPROPRIATE DISPOSITION OF THE RESPONDENT'S CASE.-27-65-113.5.-responsibilities.-County attorney and district attorney-( 1) THE COUNTY A ITORNEY OR DISTRICT A ITORNEY IN A COUNTY OR-CITY AND COUNTY THAT HAS A POPULATION EQUAL TO OR LESS THAN FIFTY-THOUSAND PEOPLE, OR A QUALIFIED A ITORNEY ACTING AS THE COUNTY OR-DISTRICT A ITORNEY'S DESIGNEE WHO IS APPOINTED BY THE DISTRICT COURT,-HAS THE FOLLOWING POWERS AND RESPONSIBILITIES:-(a) To FILE AND APPEAR ON BEHALF OF THE COUNTY OR ST A TE IN ALL-PROCEEDINGS BROUGHT PURSUANT TO THIS ARTICLE 65 OR TRANSFERRED-FROM THE CRIMINAL COURT PURSUANT TO SECTION 16-8.5-118, UNLESS-EXPRESSLY RELIEVED OR MODIFIED BY STATUTE;-PAGE 104-SENATE BILL 26-149-(b) To ASSIST A NONPROFESSIONAL INDIVIDUAL WHO IS ATTEMPTING-TO INITIATE A REQUEST TO THE COURT FOR AN EVALUATION, PURSUANT TO-SECTION 27-65-106 (l)(b), OF A PERSON WHOM THE NONPROFESSIONAL-INDIVIDUAL BELIEVES MEETS THE CRITERIA FOR A CERTIFICATION BY-PROVIDING INFORMATION AND ASSISTING IN MAKING FILINGS TO THE COURT;-( C) TO EXERCISE DUE DILIGENCE IN GATHERING INFORMATION FROM-AVAILABLE SOURCES FOR USE IN PROCEEDINGS BROUGHT PURSUANT TO THIS-ARTICLE 65; AND-( d) TO SHARE AND PROVIDE INFORMATION ABOUT PROCEEDINGS-BROUGHT PURSUANT TO THIS ARTICLE 65 TO INTERESTED PARTIES AS-ALLOWABLE BY LAW.-SECTION 17. In Colorado Revised Statutes, amend 27-65-114 as-follows:-27-65-114. Appeals.-( 1) Appellate review of any order of FOR CERTIFICATION FOR-short-term treatment or long-term care and treatment OR FOR CIVIL-COMMITMENT may be had as provided in the Colorado appellate rules. An-appeal must be advanced upon the calendar of the appellate court and must-be decided at the earliest practicable time. Pending disposition by the-appellate court, the court may make such order as the court may consider-proper in the premises relating to the care and custody of the respondent.-(2) THE COURT SHALL ADVISE A RESPONDENT SUBJECT TO AN ORDER-FORCERTIFICATIONFORSHORT-TERMTREATMENTORLONG-TERMCAREAND-TREATMENT OR FOR CIVIL COMMITMENT OF THE RESPONDENT'S RIGHT TO-APPEAL THE ORDER AT THE CONCLUSION OF ANY HEARING.-SECTION 18. In Colorado Revised Statutes, 27-65-118, amend-(l)(a) as follows:-27-65-118. Right to treatment - rules.-(1) (a) Any person receiving an evaluation or treatment pursuant to-this article 65 is entitled to medical and psychiatric care and treatment, with-regard to services listed in section 27-50-301 and services listed in rules-PAGE 105-SENATE BILL 26-149-authorized by section 27-66-102, suited to meet the person's individual-needs, delivered in such a way as to keep the person in the least-restrictive-environment, and delivered in such a way as to include the opportunity for-participation of family members in the person's program of care and-treatment, when appropriate. Nothing in A PERSON RECEIVING AN-EVALUATION OR TREATMENT PURSUANT TO THIS ARTICLE 65 MUST NOT BE-DENIED CARE OR DISCHARGED DUE TO AN INABILITY TO PA y. This subsection-( 1 )(a) et eate5 DOES NOT CREA TE any right with respect to any person other-than the person receiving an evaluation, care, or treatment. The professional-person and the agency or facility providing an evaluation, care, or treatment-shall keep records detailing all care and treatment received by the person,-and the records must be made available, upon the person's written-authorization, to the person's attorney or the person's personal physician.-The records are permanent records and must be retained in accordance with-section 27-65-123 (4).-SECTION 19. In Colorado Revised Statutes, 27-65-123, add (7),-(8), (9), (10), (11), and (12) as follows:-27-65-123. Records.-(7) (a) COURT RECORDS IN PROCEEDINGS BROUGHT PURSUANT TO-THIS ARTICLE 65 MUST BE MAINTAINED SEP ARA TEL Y BY THE CLERKS OF THE-SEVERAL COURTS AND THE CASE NUMBER AND PROCEEDINGS MUST NOT BE-MADE PUBLIC OR RELEASED, EXCEPT AS PROVIDED IN THIS SECTION.-(b) UPON THE TERMINATION OF A CERTIFICATION PURSUANT TO-SECTION27-65-112ORTHETERMINATIONOFCIVILCOMMITMENTPURSUANT-TO SECTION 27-65-202, THE CLERK OF THE COURT SHALL IMMEDIATELY SEAL-THE RECORD IN THE CASE AND OMIT THE RESPONDENT'S NAME FROM THE-INDEX OF CASES IN THE COURT UNTIL AND UNLESS THE RESPONDENT-BECOMES SUBJECT TO AN ORDER OF CERTIFICATION FOR LONG-TERM CARE-AND TREATMENT PURSUANT TO SECTION 27-65-110 AND UNLESS THE COURT-ORDERS THE RECORDS OPENED FOR GOOD CAUSE SHOWN. IN THE EVENT A-PETITION IS FILED PURSUANT TO SECTION 27-65-110 OR 27-65-201, THE-CERTIFICATION RECORD MAY BE OPENED AND BECOME PART OF THE RECORD-IN THE CERTIFICATION FOR LONG-TERM CARE AND TREATMENT CASE AND-THE NAME OF THE RESPONDENT INDEXED.-( c) NOTWITHSTANDING SUBSECTION (7)(b) OF THIS SECTION, WHILE-PAGE 106-SENATE BILL 26-149-A MA TIER IS PENDING OR AFTER IT IS SEALED, THE COURT MAY DISCLOSE THE-EXISTENCE OF THE PROCEEDING, THE CASE NUMBER, AND COURT RECORDS-TO THE RESPONDENT OR ANY A ITORNEY REPRESENTING THE RESPONDENT IN-ANY PROCEEDING OR MA TIER WITH A RELEASE SIGNED BY THE RESPONDENT-OR PURSUANT TO A COURT ORDER. WHEN A COURT ORDER SPECIFICALLY-AUTHORIZING DISCLOSURE OR AV ALID RELEASE FOR A RECORD IS PRESENTED-TO THE CLERK OF THE COURT, THE CLERK SHALL ACKNOWLEDGE THE-EXISTENCE OF THE CASE AND PROVIDE THE CASE NUMBER AND RECORDS TO-THE RESPONDENT OR AUTHORIZED REQUESTOR POSSESSING A COURT ORDER-OR A RELEASE.-(8) WHEN A CERTIFIED PEACE OFFICER INITIATES OR PARTICIPATES-IN THE INITIATION OF AN EMERGENCY MENTAL HEALTH HOLD AS DESCRIBED-IN SECTION 27-65-106, THE COURT, COUNTY ATTORNEY, OR DISTRICT-A ITORNEY CONDUCTING ANY SUBSEQUENT PROCEEDINGS PURSUANT TO THIS-ARTICLE 65, AND THE PROVIDER WHO CONDUCTS AN EVALUATION OR-PROVIDES CARE, MAY, WITHOUT COURT AUTHORIZATION, PROVIDE THE-CERTIFIED PEACE OFFICER'S AGENCY WITH THE FOLLOWING LIMITED-INFORMATION, IF AVAILABLE:-(a) WHETHER OR NOT A PROFESSIONAL PERSON FOUND THE-RESPONDENT MET THE CRITERIA FOR CERTIFICATION FOR SHORT-TERM-TREATMENT PURSUANT TO SECTION 27-65-108.3 (l);-(b) WHETHER THE RESPONDENT WAS RELEASED OR REMAINS IN-INPATIENT CARE AND WHETHER FURTHER CARE IS BEING PROVIDED TO THE-RESPONDENT; AND-( c) WHETHER OR NOT FURTHER PROCEEDINGS WERE INITIATED FOR-A CERTIFICATION FOR SHORT-TERM TREATMENT.-(9) SEALING RECORDS BY THE COURT DOES NOT PREVENT A PARTY-TO RELATED CRIMINAL CASES, A PARTY TO A PROCEEDING BROUGHT-PURSUANTTOTHISARTICLE65, THEDEPARTMENT,APROFESSIONALPERSON,-OR AN INTERVENING PROFESSIONAL WITH LAWFUL POSSESSION OF RECORDS-FROM MAINTAINING AND USING THE RECORDS, UNLESS PROHIBITED BYLAW.-(10) A PARTY TO RELATED CRIMINAL CASES, A PARTY TO A-PROCEEDING BROUGHT PURSUANT TO THIS ARTICLE 65, THE DEPARTMENT,-A PROFESSIONAL PERSON, OR AN INTERVENING PROFESSIONAL MAY SEEK TO-PAGE 107-SENATE BILL 26-149-UNSEAL CASE RECORDS FOR GOOD CAUSE, WHICH INCLUDES THE NEED TO-USE THE RECORDS IN OTHER CRIMINAL PROCEEDINGS INVOLVING-COMPETENCY PURSUANT TO ARTICLE 8.5 OF TITLE 16 OR PROCEEDINGS-BROUGHT PURSUANT TO THIS ARTICLE 65. --( 11) THE DISTRICT ATTORNEY MAY PROVIDE INFORMATION TO A-VICTIM WHEN NECESSARY TO COMPLY WITH THE "VICTIM RIGHTS ACT",-PART 3 OF ARTICLE 4.1 OF TITLE 24.-(12) (a) THIS ARTICLE65 DOES NOT REQUIRE A COVERED ENTITY, AS-DEFINED IN THE FEDERAL "HEALTH INSURANCE PORTABILITY AND-ACCOUNTABILITYACTOF 1996",42U.S.C.SECS.1320dTO 1320d-9, TO USE-OR DISCLOSE PROTECTED HEALTH INFORMATION OR OTHER PERSONALLY-IDENTIFIABLE INFORMATION IN A MANNER THAT IS INCONSISTENT WITH, OR-EXCEEDS THE REQUIREMENTS OF, THE FEDERAL LAW AND ITS IMPLEMENTING-REGULATIONS, INCLUDING 45 CFR 160 AND 45 CFR 164.-(b) CONSISTENT WITH THE FEDERAL "HEALTH INSURANCE-PORTABILITY AND ACCOUNTABILITY ACT OF 1996", 42 U.S.C. SECS. 1320d-TO 1320d-9, AND ITS IMPLEMENTING REGULATIONS, A COVERED ENTITY MAY-USE OR DISCLOSE PROTECTED HEALTH INFORMATION FOR TREATMENT,-PAYMENT, AND HEALTH-CARE OPERATIONS, INCLUDING DISCLOSURES-NECESSARY TO SUPPORT CARE COORDINATION AND THE MANAGEMENT OF AN-INDIVIDUAL'S CARE, AS AUTHORIZED PURSUANT TO 45 CFR 164.506.-( c) ANY USE OR DISCLOSURE OF PROTECTED HEALTH INFORMATION-PURSUANT TO THIS ARTICLE 65 MUST COMPLY WITH THE MINIMUM-NECESSARY STANDARDS SET FORTH IN 45 CFR 164.502 (b) AND 45 CFR-164.514 (d), AS APPLICABLE.-SECTION 20. In Colorado Revised Statutes, 27-65-131, amend (1)-introductory portion, ( 1 )(g), and ( 1 )(h); and add ( 1 )(i) and ( 1 )U) as follows:-27-65-131. Data report.-(1) Beginning January 1, 2025, and eaeh ON OR BEFORE January 1-the1eafte1 OF EACH YEAR, the BHA shall annually submit a report to the-general assembly on the outcomes and effectiveness of the involuntary-commitment system described in this article 65, disaggregated by region,-including any recommendations to improve the system and outcomes for-PAGE 108-SENATE BILL 26-149-persons involuntarily committed or certified pursuant to this article 65. The-report must include aggregated and disaggregated nonidentifying-individual-level data. At a minimum, the report must include:-(g) Barriers and opportunities with local providers, the judicial-branch, and law enforcement; and-(h) How many individuals were placed in the custody of the BHA-on a certification for short-term treatment who were concurrently involved-in the criminal justice system, including the outcomes of each person and-any barriers and opportunities that may exist to better serve the population;-(i) INFORMATION REGARDING CERTIFICATIONS FOR SHORT-TERM-OUTPATIENT TREATMENT FILED PURSUANT TO SECTION 27-65-109.5,-INCLUDING:-(I) THE NUMBER OF SIGNED OUTPATIENT CERTIFICATIONS:-(A) THAT IDENTIFIED A DESIGNATED PROVIDER TO HOLD THE-OUTPATIENT CERTIFICATION;-(B) THAT DID NOT IDENTIFY A DESIGNATED PROVIDER INITIALLY BUT-IDENTIFIED A DESIGNATED PROVIDER WITHIN SEVEN DAYS AFTER THE SIGNED-OUTPATIENT CERTIFICATION WAS FILED;-(C) THAT DID NOT IDENTIFY A DESIGNATED PROVIDER INITIALLY BUT-IDENTIFIED A PROVIDER MORE THAN SEVEN DAYS AFTER THE SIGNED-OUTPATIENT CERTIFICATION WAS FILED;-(D) THAT DID NOT IDENTIFY A DESIGNATED PROVIDER AND A-PROVIDER WAS NEVER DESIGNATED;-(II) THE AVERAGE AMOUNT OF TIME IT TOOK TO IDENTIFY A-DESIGNATED PROVIDER TO HOLD THE OUTPATIENT CERTIFICATION IF A-DESIGNATED PROVIDER WAS NOT INITIALLY IDENTIFIED BUT WAS LATER-IDENTIFIED; AND-(III) ANY AVAILABLE INFORMATION ON THE FREQUENCY AND-REASONS FOR DENIALS AND BARRIERS TO IDENTIFYING A DESIGNATED-PROVIDER TO HOLD OUTPATIENT CERTIFICATIONS; AND-PAGE 109-SENATE BILL 26-149-U) INFORMATION REGARDING THE FREQUENCY OF DENIALS AND-BARRIERS TO PLACEMENTS IDENTIFIED BY CDHS WHEN PROVIDING CARE-COORDINATION PURSUANT TO SECTION 27-65-108.5. CDHS SHALL PROVIDE-THIS INFORMATION TO THE BHA AT LEAST ANNUALLY.-SECTION 21. In Colorado Revised Statutes, add part 2 to article-65 of title 27 as follows:-PART2-CIVIL COMMITMENT OF INCOMPETENT AND-UNRESTORABLEPERSON-27-65-201. Court supervision of incompetent and unrestorable-person ordered into civil commitment - repeal.-( 1) ONCE A CRIMINAL COURT HAS TRANSFERRED JURISDICTION OF A-CIVIL COMMITMENT PURSUANT TO SECTION 16-8.5-118 TO A CIVIL COURT-WITH JURISDICTION PURSUANTTOSECTION27-65-113, THE CIVIL COURT HAS-EXCLUSIVE JURISDICTION OVER THE CIVIL COMMITMENT.-(2) UPON RECEIVING JURISDICTION OF A CIVIL COMMITMENT, THE-CIVIL COURT SHALL:-(a) NOTIFY THE COUNTY ATTORNEY;-(b) APPOINT AN ATTORNEY TO REPRESENT THE RESPONDENT AND-PROVIDE COPIES OF ANY DOCUMENTS SENT FROM THE CRIMINAL COURT TO-THE RESPONDENT'S ATTORNEY; AND-( c) SET A REVIEW HEARING AND ORDER THE RESPONDENT BROUGHT-BEFORE THE COURT.-(3) AT THE REVIEW HEARING, THE COURT SHALL:-(a) ENSURE THE RESPONDENT IS REPRESENTED BY COUNSEL; AND-(b) ADVISE THE RESPONDENT OF THE FOLLOWING RIGHTS:-(I) THE RIGHT TO APPEAR IN PERSON AT ANY PROCEEDING, UNLESS-WAIVED BY THE RESPONDENT;-PAGE 110-SENATE BILL 26-149-(II) THE RIGHT TO BE REPRESENTED BY PRIVATELY RETAINED-COUNSEL, OR COURT-APPOINTED COUNSEL IF THE RESPONDENT DOES NOT-HA VE PRIVATELY RETAINED COUNSEL, DURING ANY PROCEEDING HELD-PURSUANT TO THIS ARTICLE 65, INCLUDING ANY APPEALS;-(III) THE RIGHT TO REQUEST MODIFICATION OF THE TERMS OF THE-CIVIL COMMITMENT; AND-(IV) THE RIGHT TO PERIODIC REVIEW OF THE CIVIL COMMITMENT-AND THE RIGHT TO CONTEST, INCLUDING BY TRIAL, WHETHER THE-RESPONDENT QUALIFIES FOR TERMINATION OF CIVIL COMMITMENT.-(4) AT ANYTIMEDURINGTHECIVILCOMMITMENT, THE COURT MAY:-(a) MODIFY ANY COURT ORDER OR ANY TERM OF THE CIVIL-COMMITMENTUPONREQUESTOFTHEPARTIESAFTERGIVINGTHEPARTIESAN-OPPORTUNITY TO OBJECT AND BE HEARD;-(b) ISSUE A WARRANT FOR THE RESPONDENT'S ARREST AND ORDER-THE RESPONDENT BE BROUGHT BEFORE THE COURT IF THE COURT-DETERMINES THE RESPONDENT HAS FAILED TO COMPLY WITH ANY OF THE-COURT'S ORDERS, INCLUDING THE RESPONDENT'S UNAUTHORIZED-DEPARTURE FROM THE PHYSICAL CUSTODY OF A PROVIDER;-( c) ORDER CDHS TO PROVIDE TO THE COURT:-(I) AN UPDATED OPINION ON WHETHER THE RESPONDENT MEETS THE-CRITERIA FOR TERMINATION OF CIVIL COMMITMENT PURSUANT TO SECTION-27-65-202; AND-(II) AN OPINION ON WHETHER THE RESPONDENT HAS AN-INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR NEUROCOGNITIVE-DISORDER, AS THOSE TERMS ARE DEFINED IN SECTION 25 .5-10-501, WITHOUT-HA YING ANY OTHER MENTAL HEALTH DISORDER THAT IS NOT AN-INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR NEUROCOGNITIVE-DISORDER AND THAT SUBSTANTIALLY CONTRIBUTES TO WHETHER THE-RESPONDENT IS A DANGER TO THE RESPONDENT'S SELF OR A DANGER TO-OTHERS, OR IS GRAVELY DISABLED.-(d) UPON THE REQUEST OF ANY PARTY, THE REQUEST OF THE-PAGE 111-SENATE BILL 26-149-INDIVIDUAL OR ENTITY WITH PHYSICAL CARE AND CUSTODY OF THE-RESPONDENT, OR THE COURT'S OWN MOTION, CONDUCT A REVIEW OF THE-RESPONDENT'S PLACEMENT AND ENTER ANY ORDERS NECESSARY FOR-SHARING OR RECEIVING INFORMATION NECESSARY TO REVIEW AND MODIFY-THE PLACEMENT, UNLESS THE RESPONDENT IS PLACED INTO INPATIENT CARE-AT THE DISCRETION OF CDHS;-(e) ORDER, AS NECESSARY, APPROPRIATE ENTITIES, INCLUDING THE-SHERIFF, TO BRING THE RESPONDENT BEFORE THE COURT OR TAKE THE-RESPONDENT TO THE PLACEMENT WHERE PHYSICAL CUSTODY OF THE-RESPONDENT HAS BEEN ORDERED;-(t) APPOINT A LEGAL GUARDIAN PURSUANT TO ARTICLE 14 OF TITLE-15; OR-(g) ISSUE ORDERS AS NECESSARY TO EFFECTUATE AND ENFORCE THE-COURT'S POWERS AND RESPONSIBILITIES PURSUANT TO THIS SECTION,-INCLUDING AUTHORIZATION FOR THE REASONABLE USE OF FORCE,-WARRANTS FOR THE ARREST OF THE RESPONDENT, OR CONTEMPT-PROCEEDINGS AGAINST A NONCOMPLIANT INDIVIDUAL OR ENTITY.-( 5) (a) THE COURT SHALL ENSURE THE RESPONDENT IS PLACED IN THE-LEAST-RESTRICTIVE PLACEMENT ADEQUATE TO PROTECT THE VICTIM AND-THE COMMUNITY AND PROVIDE, TO THE GREATEST EXTENT POSSIBLE, THE-APPROPRIATE LEVEL OF CARE, TREATMENT, AND SUPERVISION OF THE-RESPONDENT.-(b) IF THE RESPONDENT IS NOT PLACED INTO INPATIENT CARE AT THE-DISCRETION OF CDHS OR IF CDHS PROPOSES TO MOVE THE RESPONDENT-INTO OR OUT OF INPATIENT CARE, THE COURT SHALL, PRIOR TO MODIFYING-THE CIVIL COMMITMENT TO CHANGE THE RESPONDENT'S PROVIDER OR-PLACEMENT, REVIEW THE APPROPRIATENESS OF THE PROPOSED PROVIDER OR-PLACEMENT, INCLUDING WHETHER THE PROVIDER FITS THE RESPONDENT'S-DIAGNOSIS AND TREATMENT NEEDS AND WHETHER THE PLACEMENT-SUFFICIENTLY PROTECTS THE COMMUNITY FROM THE SUBSTANTIAL RISK OF-SERIOUS HARM TO OTHERS POSED BY THE RESPONDENT.-( c) UPON REQUEST, THE COURT SHALL PERMIT CDHS, THE PARTIES,-OR THE APPOINTED LEGAL GUARDIAN THE OPPORTUNITY TO OBJECT AND BE-HEARD PRIOR TO THE COURT'S DECISION. THE COURT MAY PERMIT-PAGE 112-SENATE BILL 26-149-TESTIMONY IF THE COURT BELIEVES IT WOULD BE HELPFUL TO THE COURT'S-DECISION.-( d) WHEN DECIDING WHETHER TO APPROVE THE NEW PROVIDER OR-PLACEMENT, THE COURT SHALL GIVE DUE DEFERENCE TO CDHS AND THE-OPINION OF ANY MEDICAL PROFESSIONAL ON THE APPROPRIATENESS OF THE-PROVIDER AND PLACEMENT FOR THE RESPONDENT, VICTIMS, AND-COMMUNITY, BUT DEFERENCE MUST NOT BE GIVEN TO CDHS OR A MEDICAL-PROFESSIONAL AS TO WHETHER THE PLACEMENT SUFFICIENTLY PROTECTS-ANY VICTIMS AND THE COMMUNITY FROM THE SUBSTANTIAL RISK OF-SERIOUSHARMTOOTHERSPOSEDBYTHERESPONDENT. WHEN CONSIDERING-THE APPROPRIATENESS OF THE PLACEMENT FOR THE RESPONDENT, VICTIMS,-AND COMMUNITY, THE COURT SHALL CONSIDER THE TOTALITY OF THE-CIRCUMSTANCES, INCLUDING:-(I) THE RESPONDENT'S ST A TEMENTS AND INSIGHTS INTO THE-RESPONDENT'S MENTAL HEALTH DISORDER;-(II) THE CLINICAL DIAGNOSIS AND CLINICAL PERSPECTIVE ON THE-RESPONDENT'S CURRENT MENTAL STATE AND PROGNOSIS;-(III) THE RESPONDENT'S WILLINGNESS AND DEMONSTRATED ABILITY-TO VOLUNTARILY SEEK AND COMPLY WITH A TREATMENT PLAN IN THE-REASONABLY FORESEEABLE FUTURE;-(IV) RECENT OVERT ACTS BY THE RESPONDENT TO THREATEN,-CAUSE, OR ATTEMPT TO CAUSE HARM TO THE RESPONDENT'S SELF OR-OTHERS;-(V) PREVIOUS PATTERNS OF DETERIORATION THAT RESULTED IN THE-RESPONDENT'S HOSPITALIZATION , ARREST, OR CERTIFICATION FOR-SHORT-TERM TREATMENT;-(VI) WHETHER THE RESPONDENT WAS FOUND IN A CONDITION WHERE-THE RESPONDENT WAS NOT ABLE TO CARE FOR THE RESPONDENT'S OWN-BASIC NEEDS IN ORDER TO A VOID THE RISK OF SERIOUS PHYSICAL HARM;-(VII) THE FREQUENCY, RECENCY, AND SEVERITY OF THE-CONSIDERATIONS DESCRIBED IN SUBSECTIONS (5)(d)(II) TO (5)(d)(Vl) OF-THIS SECTION AND THE LIKELIHOOD THAT THE CONDITIONS AND EVENTS WILL-PAGE 113-SENATE BILL 26-149-REOCCUR WITHOUT INPATIENT TREATMENT;-(VIII) WHETHER THE RESPONDENT OPPOSES THE PLACEMENT;-(IX) WHETHER COMMUNITY-BASED PLACEMENT CAN BE-REASONABLY ACCOMMODATED;-(X) THE LIMITED RESOURCES OF THE STATE AND THE NEEDS OF-OTHERS; AND-(XI) THE PLACEMENT RECOMMENDATIONS OF ANY TREATING-PROFESSIONALS.-( e) THE COURT SHALL NOT PERMIT OR ORDER A RESPONDENT TO BE-PLACED INTO A COMMUNITY-BASED SETTING OUTSIDE OF INPATIENT CARE-FOR THE FIRST TIME SINCE BEING CIVILLY COMMITTED UNLESS:-(I) ANY VICTIMS HAVE BEEN NOTIFIED OF A CRITICAL STAGE, AS-DEFINED IN SECTION 24-4.1-302 (2)(q.3), AND GIVEN THE OPPORTUNITY TO-BE HEARD; AND-(II) THE DISTRICT ATTORNEY IN THE CASE THAT SOUGHT CIVIL-COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT HAS BEEN NOTIFIED-AND GIVEN AN OPPORTUNITY TO OBJECT AND BE HEARD.-(f) IF THE COURT MODIFIES THE RESPONDENT'S PROVIDER OR-PLACEMENT, THE COURT SHALL ISSUE ANY ORDERS NECESSARY TO MITIGATE-THE RESPONDENT'S RISK TO ANY VICTIMS OR THE COMMUNITY, INCLUDING-ORDERING THE PROVIDER TO TAKE REASONABLE AND PRACTICABLE-PROTECTIVE MEASURES TO PREVENT THE RESPONDENT FROM CONTACTING-ANY VICTIMS; EXCEPTTHATTHECOURTSHALL NOT ORDER THE RESPONDENT-TO COMPLY WITH ANY CONDITIONS THAT ARE NOT NECESSARY TO MITIGATE-THE RESPONDENT'S RISK OR WITH WHICH THE RESPONDENT CANNOT COMPLY.-(6) (a) IF THE COURT ORDERS THE RESPONDENT TO BE PLACED INTO-INPATIENT CARE AT THE DISCRETION OF CDHS, THE EXECUTIVE DIRECTOR-OF CDHS SHALL DESIGNATE THE STATE FACILITY AT WHICH THE-RESPONDENT IS HELD FOR CARE AND TREATMENT AND MAY TRANSFER THE-RESPONDENT FROM ONE FACILITY TO ANOTHER IF, IN THE OPINION OF THE-EXECUTIVE DIRECTOR, IT IS APPROPRIATE TO DO SO IN THE INTEREST OF THE-PAGE 114-SENATE BILL 26-149-PROPER CARE, CUSTODY, AND TREATMENT OF THE RESPONDENT OR FOR THE-PROTECTION OF THE PUBLIC OR PERSONNEL AT THE FACILITIES IN QUESTION.-(b) NOTWITHSTANDING SUBSECTION (6)(a) OF THIS SECTION, CDHS-SHALL:-(I) ENSURE THE RESPONDENT IS PLACED IN THE LEAST-RESTRICTIVE-PLACEMENT ADEQUATE TO PROTECTTHE VICTIM AND THE COMMUNITY AND-PROVIDE, TO THE GREATEST EXTENT POSSIBLE, THE APPROPRIATE LEVEL OF-CARE, TREATMENT, AND SUPERVISION OF THE RESPONDENT; AND-(II) NOT PLACE THE RESPONDENT IN A COMMUNITY-BASED SETTING-OUTSIDE OF INPATIENT CARE FOR THE FIRST TIME SINCE THE RESPONDENT-WAS CIVILLY COMMITTED WITHOUT PRIOR APPROVAL OF THE COURT-PURSUANT TO SUBSECTION (5) OF THIS SECTION.-(7) TERMINATION OF THE CIVIL COMMITMENT IS GOVERNED BY-SECTION 27-65-202.-(8) THE PROVIDER CHARGED WITH THE PHYSICAL CARE AND-CUSTODY OF THE RESPONDENT SHALL SUBMIT A REPORT TO THE COURT AND-THE PARTIES ANNUALLY BY THE DATE THE RESPONDENT WAS CIVILLY-COMMITTED UNLESS A SUBSTANTIALLY SIMILAR EXAMINATION WAS-ORIJERED BY THE COURT WITHIN THE PREVIOUS TWELVE MONTHS. THE-REPORT MUST INCLUDE:-(a) THE PROVIDER'S OPINION ABOUT WHETHER THE RESPONDENT IS-APPROPRIATELY PLACED AND MEETS THE CRITERIA FOR TERMINATION OF THE-CIVIL COMMITMENT PURSUANT TO SECTION 27-65-202;-(b) A SUMMARY OF THE MATERIALS REVIEWED, ASSESSMENTS-CONDUCTED, AND OTHER BASES OF OPINIONS RENDERED;-( c) THE RESPONDENT'S DIAGNOSIS AND WHETHER THE RESPONDENT'S-SYMPTOMS ARE IN REMISSION;-( d) A SUMMARY OF-THE SERVICES OR TREATMENT PROVIDED TO THE-RESPONDENT SINCE THE LAST REPORT AND THE RESPONDENT'S PROGRESS;-(e) A SUMMARY OF THE RESPONDENT'S COMPLIANCE WITH-PAGE 115-SENATE BILL 26-149-TREATMENT OR SERVICES, INCLUDING INFORMATION ABOUT MEDICATIONS-CURRENTLY PRESCRIBED TO THE RESPONDENT AND WHETHER THE-RESPONDENT IS COMPLIANT WITH TAKING THE PRESCRIBED MEDrCATIONS;-( f) AN ASSESSMENT OF THE RESPONDENT'S RISK OF HARM TO OTHERS;-(g) A SUMMARY OF THE RESPONDENT'S TREATMENT OR SERVICE-NEEDS BY UTILIZING EVIDENCE-BASED STANDARDS OF INDIVIDUALIZED-TREATMENT AND MANAGEMENT OF INDIVIDUALS CIVILLY COMMITTED;-(h) A SUMMARY OF THE SPECIFIC TREATMENT OR SERVICE OPTIONS-AVAILABLE TO THE RESPONDENT IN THE COMMUNITY AND THE SPECIFIC-TREATMENT OR SERVICE OPTIONS AVAILABLE TO THE RESPONDENT AT A-FACILITY DESIGNATED BY THE EXECUTIVE DIRECTOR OF CDHS;-(i) A SUMMARY OF WHETHER AND HOW ONGOING RISKS COULD BE-MITIGATED IF THE RESPONDENT WERE PLACED IN THE COMMUNITY; AND-U) SPECIFIC FACTS AND EVIDENCE SUPPORTING EACH OPINION MADE-PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION.-(9) THE COURT MAY ORDER ANY TREATMENT OR SERVICE PROVIDER-WHO HAS AGREED OR WHO HAS BEEN ORDERED TO PROVIDE SERVICES OR-TREATMENT TO THE RESPONDENT TO ISSUE REGULAR PROGRESS REPORTS-CONTAINING INFORMATION REQUIRED PURSUANT TO SUBSECTION (8) OF THIS-SECTION OR OTHER INFORMATION DEEMED NECESSARY FOR THE COURT'S-SUPERVISION OF THE CIVIL COMMITMENT, BUT THE COURT SHALL NOT-REQUIRE A PROVIDER TO SUBMIT PROGRESS REPORTS MORE FREQUENTLY-THAN EVERY NINETY DAYS.-(10) (a) THE COURT MAY, UPON A SHOWING OF GOOD CAUSE, ORDER-CDHS TO FACILITATE AN EXAMINATION BY A PROFESSIONAL PERSON-REGARDING THE RESPONDENT'S PROGRESS WITH TREATMENT AND WHETHER-THE RESPONDENT MEETS THE CRITERIA FOR CONVERSION OF THE CIVIL-COMMITMENT TO AN ENHANCED PROTECTIVE PLACEMENT, CERTIFICATION-FORSHORT-TERMTREATMENT,ORSHORT-TERMPROTECTIVEPLACEMENT,OR-MEETS THE CRITERIA FOR TER.lv1INA TION OF THE CIVIL COMMITMENT-PURSUANT TO SECTION 27-65-202, UNLESS CDHS HAS FACILITATED A-SIMILAR EXAMINATION OF THE RESPONDENT IN THE PAST ONE HUNDRED-TWENTY DAYS. THE RESPONDENT SHALL COOPERATE WITH ANY-PAGE 116-SENATE BILL 26-149-EXAMINATIONS ORDERED PURSUANT TO THIS SUBSECTION (lO)(a).-(b) STATEMENTS MADE BY THE RESPONDENT DURING AN-EXAMINATION CONDUCTED PURSUANT TO THIS SUBSECTION ( 10) MUST NOT-BE USED IN ANY CRIMINAL PROSECUTION.-(c) GOOD CAUSE INCLUDES A RESPONDENT'S TIMELY REQUEST FOR-AN EVALUATION THAT ALLOWS A COMPETENCY EVALUATOR TO PROVIDE A-SECOND OPINION IN RESPONSE TO THE REPORT PROVIDED PURSUANT TO-SUBSECTION (8) OF THIS SECTION THAT OPINES THAT THE RESPONDENT DOES-NOT MEET THE CRITERIA FOR TERMINATION.-( 11) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2031.-27-65-202. Termination of civil commitment - repeal.-( 1) THE COURT SHALL TERMINATE A RESPONDENT'S CIVIL-COMMITMENT ORDERED PURSUANT TO SECTION 27-65-201 IF THE-RESPONDENT:-(a) No LONGER POSES A SUBSTANTIAL RISK OF SERIOUS HARM TO-OTHERS; OR-(b) DOES NOT HA VE A MENTAL HEALTH DISORDER THAT IS LIKELY TO-CAUSE THE RESPONDENT TO BE A DANGER TO THE RESPONDENT'S SELF OR A-DANGER TO OTHERS AND THE RESPONDENT HAS DEMONSTRATED SUFFICIENT-CAPACITY AND WILLINGNESS TO CONFORM THE RESPONDENT'S CONDUCT TO-THE REQUIREMENTS OF THE LAW.-(2) (a) IF A TREATMENT PROVIDER CHARGED WITH THE PHYSICAL-CARE AND CUSTODY OF THE RESPONDENT DETERMINES THAT THE-RESPONDENT MEETS THE ST AND ARD FOR TERMINATION FROM CIVIL-COMMITMENT PURSUANT TO SUBSECTION ( 1) OF THIS SECTION, THE-PROVIDER OR THE PROVIDER'S DESIGNEE SHALL REPORT THE DETERMINATION-TO THE COURT THAT PLACED THE RESPONDENT INTO THE PROVIDER'S CARE-AND CUSTODY, THE COUNTY ATTORNEY, AND THE DISTRICT ATTORNEY WHO-ORIGINALLY SOUGHT CIVIL COMMITMENT OR AN ENHANCED PROTECTIVE-PLACEMENT PURSUANT TO SECTION 16-8.5-118. THE COURT SHALL FURNISH-A COPY OF ANY REPORTS RECEIVED TO THE RESPONDENT AND THE-RESPONDENT'S COUNSEL.-PAGE 117-SENATE BILL 26-149-(b) THE DETERMINATION REPORTED PURSUANT TO SUBSECTION (2)( a)-OF THIS SECTION MUST INCLUDE:-(I) THE TREATMENT PROVIDER'S OPINION THAT THE RESPONDENT-MEETS THE CRITERIA FOR TERMINATION OF THE CIVIL COMMITMENT-PURSUANT TO SUBSECTION (1) OF THIS SECTION;-(II) AN ASSESSMENT OF THE RESPONDENT'S RISK OF HARM TO-OTHERS;AND-(III) SPECIFIC FACTS AND EVIDENCE SUPPORTING EACH OPINION IN-THE REPORT, INCLUDING A SUMMARY OF THE MATERIALS REVIEWED,-ASSESSMENTS CONDUCTED, AND OTHER BASES OF OPINIONS RENDERED.-(3) (a) THE RESPONDENT MAY REQUEST TERMINATION OF THE CIVIL-COMMITMENT IN WRITING AT ANY TIME THE RESPONDENT WOULD NOT BE-PROHIBITED FROM HA VINO A SUBSEQUENT TERMINATION TRIAL PURSUANT-TO SUBSECTION (7) OF THIS SECTION.-(b) THE COURT SHALL DENY THE REQUEST UNLESS THE REQUEST FOR-TERMINATION INCLUDES AN OPINION FROM A PROFESSIONAL PERSON THAT-THE RESPONDENT CURRENTLY MEETS THE CRITERIA FOR TERMINATION OF-THE CIVIL COMMITMENT PURSUANT TO SUBSECTION (1) OF THIS SECTION.-(4) (a) IF THE COURT DOES NOT DENY THE REQUEST FOR-TERMINATION WITHOUT A HEARING, THE COURT SHALL PERMIT THE COUNTY-ATTORNEY AND THE DISTRICT ATTORNEY WHO ORIGINALLY SOUGHT CIVIL-COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT PURSUANT TO-SECTION 16-8.5-118 FOURTEEN DAYS TO OBJECT TO TERMINATION OR-REQUEST AN OPPORTUNITY TO CONDUCT AN INDEPENDENT EVALUATION BY-AN EXPERT OF THE COUNTY ATTORNEY'S OR DISTRICT ATTORNEY'S OWN-CHOOSING AND EXPENSE.-(b) IFNEITHERTHECOUNTY ATTORNEYNORTHEDISTRICT ATTORNEY-OBJECT OR REQUEST AN OPPORTUNITY TO REQUEST AN INDEPENDENT-EVALUATION, THE COURT SHALL TERMINATE THE RESPONDENT'S CIVIL-COMMITMENT.-(c) Ir EITHER THE COUNTY ATTORNEY OR THE DISTRICT ATTORNEY-REQUEST AN OPPORTUNITY TO CONDUCT AN INDEPENDENT EVALUATION, THE-PAGE 118-SENATE BILL 26-149-COURT SHALL GRANT THAT REQUEST, ORDER THE RESPONDENT TO COMPLY-WITH THE EVALUATION, AND PERMIT THE COUNTY ATTORNEY OR DJSTRICT-ATTORNEY A REASONABLE PERIOD OF TIME TO IDENTIFY AN EXPERT,-CONDUCT THE EVALUATION, AND ISSUE A REPORT. IF BOTH THE COUNTY-ATTORNEY AND DISTRICT ATTORNEY REQUEST AN INDEPENDENT-EVALUATION, THE COURT SHALL TREAT THE REQUEST AS A JOINT REQUEST-FOR A SINGLE INDEPENDENT EVALUATION. THE COST OF THE INDEPENDENT-EVALUATION MUST BE PAID FOR BY THE REQUESTING PARTY.-( d) IF THE RESPONDENT DOES NOT COOPERATE WITH THE-EVALUATION, THE COURT MAY GRANT ADDITIONAL TIME OR DENY THE-RESPONDENT'S REQUEST FOR TERMINATION.-( e) UPON RECEIPT OF THE INDEPENDENT EVALUATION REPORT, THE-COUNTY ATTORNEY OR DISTRICT ATTORNEY MUST PROVIDE A COPY TO-RESPONDENT'S COUNSEL AND THE COURT WITHIN FOURTEEN DAYS.-(t) IF NEITHER THE COUNTY ATTORNEY NOR DISTRICT ATTORNEY-OBJECT WITHIN THE TIME PERMITTED BY THE COURT, THE COURT SHALL-TERMINATE THE RESPONDENT'S CIVIL COMMITMENT.-(5) (a) IF EITHER THE COUNTY ATTORNEY OR DISTRICT ATTORNEY-TIMELY OBJECTS, THE COURT SHALL, AS SOON AS PRACTICABLE, BRING THE-RESPONDENT BEFORE THE COURT, ENSURE THE RESPONDENT AND THE-RESPONDENT'S COUNSEL RECEIVED A COPY OF THE REPORT, AND ADVISE THE-RESPONDENT OF THE RIGHT TO DEMAND A TRIAL BY THE COURT OR THE-RIGHT TO DEMAND, IN WRITING, A JURY TRIAL OF NOT MORE THAN SIX-INDIVIDUALS TO DETERMINE WHETHER THE RESPONDENT MEETS THE-CRITERIA FOR TERMINATION PURSUANT TO SUBSECTION ( 1) OF THIS SECTION.-(b) IF THE RESPONDENT DEMANDS A TRIAL BEFORE THE COURT, THE-COURT SHALL SCHEDULE THE TRIAL TO BEGIN WITHIN THIRTY-FIVE DAYS-AFTER THE DEMAND. IF THE RESPONDENT DEMANDS A JURY TRIAL, THE-COURT SHALL SCHEDULE THE TRIAL TO BEGIN WITHIN SEVENTY-TWO DAYS-AFTER THE DEMAND. A DELAY ATTRIBUTABLE TO THE RESPONDENT IS-EXCLUDED FROM THE TIME LIMITATIONS IN THIS SUBSECTION (5)(b ). IF THE-COURT DOES NOT BEGIN THE TRIAL WITHIN THE TIME PERMITTED PURSUANT-TO THIS SUBSECTION (5)(b), THE COURT SHALL TERMINATE THE CIVIL-COMMITMENT AND RELEASE THE RESPONDENT FROM THE PROVIDER'S CARE-AND CUSTODY.-PAGE 119-SENATE BILL 26-149-(c) IF THE COUNTY ATTORNEY DOES NOT OBJECT TO TERMINATION-BUT THE DISTRICT ATTORNEY DOES, THE DISTRICT ATTORNEY HAS STANDING-TO SERVE AS THE COUNTY ATTORNEY FOR THE LIMITED PURPOSE OF TRIAL-AND ANY APPEALS RELATED TO THE TRIAL. THE COUNTY ATTORNEY SHALL-TIMELY PROVIDE THE DISTRICT ATTORNEY ALL INFORMATION AND RECORDS-RELEVANT TO THE TRIAL IN THE COUNTY ATTORNEY'S POSSESSION OR-CONTROL WITHOUTSUBPOENAORCOURTORDER. THE DISTRICT AlTORNEY'S-LIMITED ST ANDING DOES NOT EXTEND TO ANY OTHER MATTERS RELATED TO-THE CIVIL COMMITMENT AND TERMINATES UPON RESOLUTION OF THE TRIAL-AND ANY RELATED APPEALS.-( 6) (a) AT THE TRIAL, IF ANY EVIDENCE IS INTRODUCED THAT SHOWS-THE RESPONDENT DOES NOT MEET THE CRITERIA FOR TERMINATION OF THE-CIVIL COMMITMENT PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE-RESPONDENT HAS THE BURDEN TO SHOW BY A PREPONDERANCE OF THE-EVIDENCE THAT THE RESPONDENT MEETS THE CRITERIA FOR TERMINATION-PURSUANT TO SUBSECTION (1) OF THIS SECTION.-(b) IF THE TRIER OF FACT FINDS, BY A PREPONDERANCE OF THE-EVIDENCE, THAT THE RESPONDENT MEETS THE CRITERIA FOR TERMINATION-PURSUANT TO SUBSECTION ( 1) OF THIS SECTION, THE COURT SHALL ORDER-THE RESPONDENT RELEASED FROM THE PROVIDER'S CARE AND CUSTODY AND-TERMINATE THE RESPONDENT'S CIVIL COMMITMENT. IF THE TRIER OF FACT-FINDS, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE RESPONDENT-DOESNOTMEETTHECRITERIAFORTERMINATIONPURSUANTTOSUBSECTION-( 1) OF THIS SECTION, THE COURT SHALL CONTINUE THE CIVIL COMMITMENT-AND MAY ENTER OR MODIFY ANY ORDERS TO ASSIST IN PROGRESSING THE-TREATMENT OF THE RESPONDENT OR THAT ARE NECESSARY TO PROTECT THE-PUBLIC.-(7) IF THE TRIER OF FACT FINDS THE RESPONDENT DOES NOT MEET-THE CRITERIA FOR TERMINATION PURSUANT TO SUBSECTION ( 1) OF THIS-SECTION, THE RESPONDENT IS NOT ENTITLED TO ANOTHER TERMINATION-TRIAL WITHIN ONE YEAR AFTER THE CONCLUSION OF THE PREVIOUS TRIAL-FOR TERMINATION.-(8) IF THE RESPONDENT DOES NOT MEET THE CRITERIA FOR-TERMINATION PURSUANT TO SUBSECTION (1) OF THIS SECTION AND HAS A-MENTAL HEALTH DISORDER THAT IS AN INTELLECTUAL AND-DEVELOPMENTAL DISABILITY OR A NEUROCOGNITIVE DISORDER, AS THOSE-PAGE 120-SENATE BILL 26-149-TERMS ARE DEFINED IN SECTION 25 .5-10-501, WITHOUT HA YING ANY OTHER-MENTAL HEAL TH DISORDER THAT IS NOT AN INTELLECTUAL AND-DEVELOPMENTAL DISABILITY OR NEUROCOGNITIVE DISORDER AND THAT-SUBSTANTIALLY CONTRIBUTES TO WHETHER THE RESPONDENT IS A DANGER-TO THE RESPONDENT'S SELF OR A DANGER TO OTHERS, OR IS GRAVELY-DISABLED, THE COURT SHALL CONVERT THE CIVIL COMMITMENT TO AN-ENHANCED PROTECTIVE PLACEMENT AND MAY MODIFY THE TERMS OF THE-ENHANCED PROTECTIVE PLACEMENT IN ACCORDANCE WITH SECTION-25 .5-10-507.-(9) IF THE DEFENDANT DOES NOT MEET THE CRITERIA FOR-TERMINATION PURSUANT TO SUBSECTION ( 1) OF THIS SECTION AND HAS-CO-OCCURRING MENTAL HEAL TH DISORDERS THAT INCLUDE AN-INTELLECTUAL AND DEVELOPMENT AL DISABILITY OR A NEUROCOGNITIVE-DISORDER, AS THOSE TERMS ARE DEFINED IN SECTION 25.5-10-501, THE-COURT MAY, UPON THE RECOMMENDATION OF CDHS, CONVERT A CIVIL-COMMITMENT TO AN ENHANCED PROTECTIVE PLACEMENT AND MODIFY THE-TERMS OF THE ENHANCED PROTECTIVE PLACEMENT IN ACCORDANCE WITH-SECTION 25.5-10-507 .-( 10) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2031.-SECTION 22. In Colorado Revised Statutes, add part 5 to article-10 of title 25.5 as follows:-PARTS-PROTECTIVE PLACEMENT AND-ENHANCED PROTECTIVE PLACEMENT-25.5-10-501. Definitions.-AS USED IN THIS PART 5, UNLESS THE CONTEXT OTHER WISE REQUIRES:-(1)-11-BEHAVIORALHEALTHADMINISTRATION-11-OR-11-BHA-11-MEANSTHE-BEHAVIORAL HEALTH ADMINISTRATION ESTABLISHED IN SECTION 27-60-203.-(2) "DANGER TO OTHERS" HAS THE MEANING SET FORTH IN SECTION-27-65-102.-(3) "DANGER TO THE PERSON'S SELF", OR SIMILAR TERMINOLOGY,-PAGE 121-SENATE BILL 26-149-HAS THE MEANING SET FORTH IN SECTION 27-65-102.-(4) "DEPARTMENT OF HEALTH CARE POLICY AND FINANCING" OR-"HCPF" MEANS THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING-CREATED IN SECTION 24-1-119.5.-(5) "DEPARTMENT OF HUMAN SERVICES" OR "CDHS" MEANS THE-DEPARTMENT OF HUMAN SERVICES.-(6) "INTELLECTUAL AND DEVELOPMENTAL DISABILITY" HAS THE-MEANING SET FORTH IN SECTION 25.5-10-202.-(7) "INTERVENING PROFESSIONAL" HAS THE MEANING SET FORTH IN-SECTION 27-65-102.-(8) "l\tlENTAL HEALTH DISORDER" HAS THE MEANING SET FORTH IN-SECTION 27-65-102.-(9) "NEUROCOGNITIVE DISORDER" MEANS A SUBSTANTIAL AND-PERSISTENT ACQUIRED DISORDER OF THE COGNITIVE OR NEUROLOGICAL-PROCESSES THAT GROSSLY IMPAIRS JUDGMENT, MEMORY, OR CAPACITY TO-RECOGNIZE REALITY OR TO CONTROL BEHAVIOR, GENERAL INTELLECTUAL-FUNCTIONING, OR ADAPTIVE BEHAVIOR THAT IS ATTRIBUTABLE TO A-NEUROLOGICAL OR COGNITIVE DISORDER OR RELATED CONDITION,-INCLUDING, BUT NOT LIMITED TO, A TRAUMATIC BRAIN INJURY, A-DEGENERATIVE DISORDER, OR DEMENTIA. "NEUROCOGNITIVE DISORDER"-DOES NOT INCLUDE AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY.-( 10) "PROFESSIONAL PERSON" HAS THE MEANING SET FORTH IN-SECTION 27-65-102.-(11) "REGIONAL CENTER" MEANS A FACILITY OR PROGRAM-OPERATED DIRECTLY BY THE DEPARTMENT OF HUMAN SERVICES THAT-PROVIDES SERVICES AND SUPPORTS TO PERSONS WITH INTELLECTUAL AND-DEVELOPMENT AL DISABILITIES.-(12) "SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS" HAS THE-MEANING SET FORTH IN SECTION 27-65-102.-25.5-10-502. Criteria and standards for protective placement.-PAGE 122-SENATE BILL 26-149-( 1) THE COURT MAY ORDER THE PROTECTIVE PLACEMENT OF A-RESPONDENT IF:-(a) THE RESPONDENT, BY CLEAR AND CONVINCING EVIDENCE, HAS A-NEUROCOGNITIVE DISORDER;-(b) WITH THE CONSIDERATION OF ALL REASONABLY AVAILABLE-INFORMATION, INCLUDING THE RELEVANT HISTORY OF THE RESPONDENT,-THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE RESPONDENT WILL-NOT REMAIN IN A VOLUNTARY TREATMENT PROGRAM; AND-( C) THE RESPONDENT, BY CLEAR AND CONVINCING EVIDENCE, IS A-DANGER TO THE RESPONDENT'S SELF OR A DANGER TO OTHERS.-(2) WHEN EVALUATING A PERSON TO DETERMINE WHETHER THE-PERSON MEETS THE CRITERIA PURSUANT TO SUBSECTION ( 1) OF THIS-SECTION, THE COURT, EVALUATOR, INTERVENING PROFESSIONAL, OR-PROFESSIONAL PERSON SHALL TAKE INTO CONSIDERATION:-(a) THE PERSON'S STATEMENTS AND INSIGHTS INTO THE PERSON'S-OWN NEUROCOGNITIVE DISORDER;-(b) CLINICAL DIAGNOSIS AND CLINICAL PERSPECTIVE ON THE-PERSON'S CURRENT MENTAL STATE AND PROGNOSIS;-( c) THE PERSON'S WILLINGNESS TO VOLUNTARILY SEEK AND COMPLY-WITH A TREATMENT PLAN IN THE REASONABLY FORESEEABLE FUTURE;-( d) RECENT OVERT ACTS BY THE PERSON TO THREATEN, CAUSE, OR-ATTEMPT TO CAUSE HARM TO THE PERSON'S SELF OR OTHERS;-( e) PREVIOUS PATTERNS OF DETERIORATION THAT RESULTED IN THE-PERSON'S HOSPITALIZATION, ARREST, CERTIFICATION FOR SHORT-TERM-TREATMENT, OR PROTECTIVE PLACEMENT;-(f) WHETHER THE PERSON WAS FOUND IN A CONDITION WHERE THE-PERSON WAS NOT ABLE TO CARE FOR THE PERSON'S OWN BASIC NEEDS IN-ORDER TO A VOID THE RISK OF SERIOUS PHYSICAL HARM; AND-(g) THE FREQUENCY, RECENCY, AND SEVERITY OF THE-PAGE 123-SENATE BILL 26-149-CONSIDERATIONS DESCRIBED IN SUBSECTIONS (2)(b) TO (2)(f) OF THIS-SECTION AND THE LIKELIHOOD THAT THE CONDITIONS AND EVENTS WILL-REOCCUR WITHOUT INVOLUNTARY TREATMENT.-(3) WHEN EVALUATING WHETHER A PERSON IS A DANGER TO THE-PERSON'S SELF OR A DANGER TO OTHERS, IS GRAVELY DISABLED, OR POSES-A SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS, THE COURT, EVALUATOR,-OR INTERVENING PROFESSIONAL SHALL, WHENEVER POSSIBLE, USE ALL-REASONABLE EFFORTS TO LEARN ABOUT PRIOR RELEVANT BEHAVIORS AND-PRIOR DIAGNOSES THROUGH AVAILABLE AND RELIABLE SOURCES, INCLUDING-THE PERSON'S PRIOR MEDICAL AND MENTAL HEALTH RECORDS, POLICE-REPORTS, AND INFORMATION FROM RELIABLE INDIVIDUALS WHO HA VE A-RELATIONSHIP OR REGULAR SUBSTANTIAL INTERACTIONS WITH THE PERSON.-(4) THE COURT OR PROFESSIONAL PERSON SHALL ASSESS AN-INCARCERATED PERSON AS IF THE PERSON WERE IN THE COMMUNITY WHEN-EVALUATING WHETHER THE PERSON MEETS THE CRITERIA PURSUANT TO-SUBSECTION (1) OF THIS SECTION.-25.5-10-503. Short-term protective placement for incompetent-defendants in a criminal matter.-(1) UPON PETITION OF A PROFESSIONAL PERSON OR INTERVENING-PROFESSIONAL ACTING WITHIN THE SCOPE OF THEIR AUTHORITY AND-LI CENSURE, AN APPOINTED LEGAL GUARDIAN, OR A REPRESENTATIVE OF THE-BHA OR HCPF, A COURT MAY CERTIFY A PERSON FOR SHORT-TERM-PROTECTIVE PLACEMENT FOR NOT MORE THAN THREE MONTHS UNDER THE-FOLLOWING CONDITIONS:-(a) THE PERSON IS OR RECENTLY WAS A DEFENDANT IN A CRIMINAL-MA TIER IN WHICH THE PERSON HAS BEEN FOUND INCOMPETENT TO PROCEED;-(b) THE COURT HEARING THE CRIMINAL MA TIER REFERRED THE-MA TIER FOR FILING OF A PETITION PURSUANT TO SECTION 16-8.5-117;-( c) A PROFESSIONAL PERSON OR INTERVENING PROFESSIONAL ACTING-WITHIN THE SCOPE OF THEIR AUTHORITY AND LI CENSURE:-(I) HAS AN ESTABLISHED TREATMENT RELATIONSHIP WITH THE-PERSON, INCLUDING HA YING PROVIDED CARE TO THE PERSON IN THE PAST-PAGE 124-SENATE BILL 26-149-THREE MONTHS, WHICH CARE FORMS THE BASIS FOR REQUESTING THE-SHORT-TERM PROTECTIVE PLACEMENT; AND-(II) HAS EVALUATED THE PERSON WITHIN THE PAST THREE MONTHS-AND PRODUCED A WRITTEN OPINION THAT THE PERSON MEETS THE CRITERIA-FOR PROTECTIVE PLACEMENT PURSUANT TO SECTION 25 .5-10-502;-( d) THERE IS A SKILLED NURSING FACILITY, A REGIONAL CENTER, OR-ANOTHER PLACEMENT WILLING TO ACCEPT CARE AND CUSTODY OF THE-RESPONDENT AND TO HOLD THE PROTECTIVE PLACEMENT; AND-( e) THE PERSON, THE PERSON'S LEGAL GUARDIAN, AND THE PERSON'S-LAY PERSON, IF APPLICABLE, HA VE BEEN ADVISED OF THE PERSON'S RIGHT TO-AN ATTORNEY AND TO CONTEST THE SHORT-TERM PROTECTIVE PLACEMENT.-(2) THE PETITION FILED PURSUANT TO SUBSECTION (1) OF THIS-SECTION MUST:-(a) STATE SUFFICIENT FACTS TO ESTABLISH REASONABLE GROUNDS-THAT THE RESPONDENT MEETS THE CRITERIA FOR SHORT-TERM PROTECTIVE-PLACEMENT PURSUANT TO SECTION 25 .5-10-502, INCLUDING A TT ACHING THE-PROFESSIONAL PERSON'S OR INTERVENING PROFESSIONAL'S WRITTEN OPINION-PRODUCED PURSUANT TO SUBSECTION ( 1 )( c )(II) OF THIS SECTION;-(b) BE FILED WITHIN FOURTEEN DAYS AFTER THE INITIATING PARTY-RECEIVED THE COURT ORDER FROM THE CRIMINAL COURT INITIATING THE-SHORT-TERM PROTECTIVE PLACEMENT; AND-( c) BE FILED WITH THE COURT IN THE COUNTY WHERE THE-RESPONDENT RESIDED OR WAS PHYSICALLY PRESENT IMMEDIATELY PRIOR TO-THE FILING OF THE PETITION; EXCEPT THAT, IF THE PERSON WAS ARRESTED-FOR THE PRIOR CASE AND HELD IN CUSTODY, THE PETITION MAY BE FILED IN-THE COUNTY WHERE THE RESPONDENT RESIDED OR WAS PHYSICALLY-PRESENT IMMEDIATELY PRIOR TO THE RESPONDENT'S ARREST.-(3) WITHIN TWENTY-FOUR HOURS AFTER CERTIFICATION, COPIES OF-THE SHORT-TERM PROTECTIVE PLACEMENT MUST BE PERSONALLY-DELIVERED TO THE RESPONDENT AND HCPF WHO SHALL RETAIN A COPY OF-THE CERTIFICATION AS PART OF THE RESPONDENT'S RECORD. IF THE-CRIMINAL CASE IS PENDING, OR NOT YET DISMISSED, THE PETITIONING PARTY-PAGE 125-SENATE BILL 26-149-SHALL PROVIDE NOTICE OF THE FILING OF THE PETITION TO THE CRIMINAL-COURT. THE CRIMINAL COURT SHALL PROVIDE THE NOTICE TO THE-PROSECUTING AND DEFENSE ATTORNEYS IN THE CRIMINAL CASE AND ANY-ATTORNEY APPOINTED THE RESPONDENT PURSUANT TO SUBSECTION (5) OF-THIS SECTION.-( 4) THE PETITIONER SHALL ASK THE RESPONDENT TO DESIGNATE ONE-OTHER PERSON WHOM THE RESPONDENT WANTS TO BE INFORMED-REGARDING THE PETITION. IF THE RESPONDENT IS INCAPABLE OF MAKING A-DESIGNATION ATTHETIMETHEPETITION IS DELIVERED, THE COURT MAY ASK-THE RESPONDENT TO DESIGNATE A PERSON AS SOON AS THE RESPONDENT IS-CAPABLE. IF THE PETITIONER FAILS TO ASK THE RESPONDENT TO DESIGNATE-A PERSON, THE RESPONDENT'S ATTORNEY APPOINTED PURSUANT TO-SUBSECTION ( 5) OF THIS SECTION SHALL REPORT TO THE COURT ANY PERSON-WHOM THE RESPONDENT WANTS TO 13E INFORMED REGARDING THE PETITION.-(5) WHENEVER A PETITION IS FILED PURSUANT TO THIS SECTION, THE-COURT SHALL IMMEDIATELY APPOINT AN ATTORNEY TO REPRESENT THE-RESPONDENT. THE COURT SHALL PROVIDE THE RESPONDENT WITH A WRITTEN-NOTICE THAT THE RESPONDENT HAS A RIGHT TO A HEARING ON THE PETITION-AND MAY MAKE A WRITTEN REQUEST FOR A JURY TRIAL. THE RESPONDENT-HAS THE RIGHT TO AN ATTORNEY FOR ALL PROCEEDINGS CONDUCTED-PURSUANT TO THIS SECTION, INCLUDING ANY APPEALS. THE ATTORNEY-REPRESENTING THE RESPONDENT MUST BE PROVIDED WITH A COPY OF THE-PETITION AND ANY SUPPORTING MATERIALS IMMEDIATELY UPON THE-ATTORNEY'S APPOINTMENT. THE RESPONDENT MAY ONLY WAIVE COUNSEL-WHEN THE RESPONDENT MAKES A KNOWING AND VOLUNTARY WAIVER IN-FRONT OF THE COURT.-(6) UPON FILING A PETITION PURSUANT TO THIS SECTION AND-AFFORDING THE RESPONDENT A CHANCE TO CONTEST THE PETITION, THE-COURT MAY GRANT OR DENY THE PROTECTIVE PLACEMENT BASED ON THE-FACTS ESTABLISHED IN THE PETITION, SUBJECT TO THE COURT'S FURTHER-REVIEW OR A JURY TRIAL.-(7) WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE PETITION FILED-PURSUANT TO THIS SECTION, THE RESPONDENT, OR THE RESPONDENT'S-ATTORNEY, MAY REQUEST A JURY TRIAL BY FILING A WRITTEN MOTION WITH-THE COURT.-PAGE 126-SENATE BILL 26-149-(8) THE RESPONDENT MAY KNOWINGLY AND VO LUNT ARIL Y CONSENT-TO THE PETITION IN WRITING.-(9) THERESPONDENTORTHERESPONDENT'SATTORNEYMA Y,AT ANY-TIME, FILE A WRITTEN REQUEST FOR THE COURT TO REVIEW THE SHORT-TERM-PROTECTIVE PLACEMENT. IF A REVIEW IS REQUESTED, THE COURT SHALL-HEAR THE MA TIER WITHIN FOURTEEN DAYS AFTER THE REQUEST, AND THE-COURT SHALL GIVE NOTICE TO THE RESPONDENT, THE RESPONDENT'S-A ITORNEY, HCPF, AND THE COMMUNITY OR FACILITY PROVIDER WHO IS OR-WILL PROVIDE TREATMENT. THE HEARING MUST BE HELD IN ACCORDANCE-WITH SECTION 25.5-10-510. AT THE CONCLUSION OF THE HEARING, THE-COURT MAY ENTER OR CONFIRM THE SHORT-TERM PROTECTIVE PLACEMENT,-DISCHARGE THE RESPONDENT, OR ENTER ANY OTHER APPROPRIATE ORDER.-(10) (a) THE BHA, HCPF, THE DEPARTMENT OF HUMAN SERVICES,-AND CARE PROVIDERS MAY SHARE INFORMATION WITH EACH OTHER AND THE-PARTIES AS NECESSARY. THE BHA, HCPF, THE DEPARTMENT OF HUMAN-SERVICES, AND CARE PROVIDERS MAY RECEIVE AND POSSESS ALL-INFORMATION RELEVANT TO THE PROCEEDINGS HELD PURSUANT TO THIS-SECTION, INCLUDING ANY EVALUATIONS; ANY MEDICAL AND MENTAL-HEALTH RECORDS FOR WHICH A WAIVER OR PRIVILEGE HAS BEEN FOUND IN-PROCEEDINGS HELD PURSUANT TO THIS PART 5, ARTICLE 65 OF TITLE 27, OR-ARTICLE 8 OR 8.5 OF TITLE 16; AND RELEVANT CRIMINAL JUSTICE RECORDS,-INCLUDING ANY CRIMINAL HISTORY OF THE RESPONDENT.-(b) THE COURT MAY ORDER THE DISTRICT A TTOR.t~EY RESPONSIBLE-FOR PROSECUTING A CRIMINAL CASE THAT LED TO PROCEEDINGS PURSUANT-TO THIS SECTION OR SECTION 16-8.5-117 TO SEND RELEVANT RECORDS TO-HCPF WITHIN SEVEN DAYS AFTER THE COURT'S ORDER.-( c) ANY CURRENT OR FORMER ATTORNEY WHO REPRESENTED THE-RESPONDENT IN ANY PROCEEDING SHALL SEND MATERIALS TO HCPF WITH-THE RESPONDENT'S CONSENT.-(11) (a) UNLESS AN APPROPRIATE PROVIDER HAS ALREADY BEEN-IDENTIFIED AND IS WILLING TO ACCEPT THE PROTECTIVE PLACEMENT, THE-COURT SHALL NOTIFY HCPF REGARDING THE NEED FOR CARE-COORDINATION.-(b) ONCE HCPF IS NOTIFIED PURSUANT TO SUBSECTION (l l)(a) OF-PAGE 127-SENATE BILL 26-149-THIS SECTION, HCPF SHALL MAKE DILIGENT EFFORTS TO FIND A PROVIDER-FOR THE RESPONDENT, ASSIST WITH INTENSIVE COORDINATION, AND-MITIGATE BARRIERS TO APPROPRIATE PLACEMENT. HCPF SHALL-COLLA BORA TE AND COORDINATE WITH OTHER STATE EXECUTIVE AGENCIES,-LAW ENFORCEMENT, THE COURT, THE PARTIES, COMMUNITY PARTNERS,-REGIONAL ACCOUNTABLE ENTITIES, AND CASE MANAGEMENT AGENCIES TO-IDENTIFY AN APPROPRIATE PLACEMENT FOR THE RESPONDENT, WHICH-PLACEMENT IS SUBJECT TO MEDICAID REIMBURSEMENT.-( c) THE CASE MANAGEMENT AGENCY MUST PROVIDE CASE-MANAGEMENT SERVICES, AS DEFINED IN SECTION 25.5-6-1702.-( d) HCPF SHALL KEEP THE COURT INFORMED, IN WRITING, OF-EFFORTS MADE TO FIND AN APPROPRIATE PLACEMENT FOR THE RESPONDENT.-(12) UPON ORDERING A SHORT-TERM PROTECTIVE PLACEMENT OF-THE RESPONDENT, THE PROVIDER ORDERED TO RECEIVE THE RESPONDENT-HAS CARE AND PHYSICAL CUSTODY OF THE RESPONDENT.-( 13) WHENEVER IT APPEARS TO THE COURT THAT A RESPONDENT IN-A SHORT-TERM PROTECTIVE PLACEMENT SHOULD BE TRANSFERRED TO-ANOTHER PROVIDER FOR TREATMENT AND THE SAFETY OF THE RESPONDENT-OR THE PUBLIC REQUIRES THAT THE RESPONDENT BE TRANSPORTED BY A-SECURE TRANSPORTATION PROVIDER ORA LAW ENFORCEMENT AGENCY, THE-COURT MAY ISSUE AN ORDER DIRECTING THE LAW ENFORCEMENT AGENCY-WHERE THE RESPONDENT RESIDES OR SECURE TRANSPORTATION PROVIDER-TO DELIVER THE RESPONDENT TO THE DESIGNATED PROVIDER.-( 14) IN ACCORDANCE WITH THE PROCEDURES DESCRIBED IN SECTION-25 .5-10-506, A SHORT-TERM PROTECTIVE PLACEMENT MAY BE TERMINATED-UPON THE SIGNATURE OF THE TREATING MEDICAL PROFESSIONAL AND THE-MEDICAL DIRECTOR OF THE FACILITY. AF ACILITY OR PROGRAM SHALL MAKE-THE RESPONDENT'S DISCHARGE INSTRUCTIONS AVAILABLE TO THE-RESPONDENT, THE RESPONDENT'S ATTORNEY, AND THE RESPONDENT'S LEGAL-GUARDIAN.-( 15) IF THE PROFESSIONAL PERSON IN CHARGE OF THE RESPONDENT'S-EVALUATION AND TREATMENT BELIEVES THAT A PERIOD LONGER THAN-THREE MONTHS IS NECESSARY TO TREAT THE RESPONDENT, THE-PROFESSIONAL PERSON SHALL FILE WITH THE COURT A REQUEST FOR AN-PAGE 128-SENATE BILL 26-149-EXTENDED PROTECTIVE PLACEMENT AT LEAST THIRTY DAYS PRIOR TO THE-EXPIRATION DA TE OF THE ORIGINAL PROTECTIVE PLACEMENT. AN EXTENDED-PROTECTIVE PLACEMENT FOR TREATMENT MUST NOT BE FOR A PERIOD OF-MORE THAN THREE MONTHS. THE RESPONDENT IS ENTITLED TO A HEARING-ON THE EXTENDED PROTECTIVE PLACEMENT UNDER THE SAME CONDITIONS-AS AN ORIGINAL PROTECTIVE PLACEMENT. THE ATTORNEY INITIALLY-REPRESENTING THE RESPONDENT SHALL CONTINUE TO REPRESENT THE-RESPONDENT, UNLESS THE COURT APPOINTS ANOTHER ATTORNEY.-25.5-10-504. Long-term protective placement of persons with a-neurocognitive disorder - procedure.-( 1) IF A RESPONDENT HAS RECEIVED AN EXTENDED PROTECTIVE-PLACEMENTPURSUANTTOSECTION25.5-10-503, THE PROFESSIONAL PERSON-IN CHARGE OF THE EXTENDED PROTECTIVE PLACEMENT, THE APPOINTED-LEGAL GUARDIAN, OR THE COUNTY ATTORNEY MAY FILE A PETITION WITH-THE COURT AT LEAST THIRTY DAYS PRIOR TO THE EXPIRATION DATE OF THE-EXTENDED PROTECTIVE PLACEMENT FOR A LONG-TERM PROTECTIVE-PLACEMENT OF THE RESPONDENT UNDER THE FOLLOWING CONDITIONS:-(a) THE PROFESSIONAL STAFF OF THE AGENCY OR FACILITY-PROVIDING SHORT-TERM PROTECTIVE PLACEMENT HAS ANALYZED THE-RESPONDENT'S CONDITION AND FOUND THE RESPONDENT CONTINUES TO-MEET THE CRITERIA FOR PROTECTIVE PLACEMENT PURSUANT TO SECTION-25.5-10-502 (1); AND-(b) HCPF, IN COLLABORATION WITH THE BHA, HAS IDENTIFIED AN-APPROPRIATE PROVIDER OR PLACEMENT TO PROVIDE CARE AND TREATMENT-OF THE RESPONDENT.-(2) A PETITION FOR LONG-TERM PROTECTIVE PLACEMENT MUST-INCLUDE A REQUEST FOR A HEARING BEFORE THE COURT PRIOR TO THE-EXPIRATION OF SIX MONTHS AFTER THE DA TE OF THE ORIGINAL ORDER FOR-A PROTECTIVE PLACEMENT AND PROVIDE A RECOMMENDATION AS TO-WHETHER THE LONG-TERM PROTECTIVE PLACEMENT SHOULD TAKE PLACE ON-AN INPATIENT OR OUTPATIENT BASIS. A COPY OF THE PETITION MUST BE-DELIVERED PERSONALLY TO THE RESPONDENT FOR WHOM LONG-TERM-PROTECTIVE PLACEMENT IS SOUGHT AND ELECTRONICALLY DELIVERED TO-THE RESPONDENT'S ATTORNEY OF RECORD SIMULTANEOUSLY WITH THE-FILING.-PAGE 129-SENATE BILL 26-149-(3) WITHIN TEN DAYS AFTER RECEIPT OF THE PETITION, THE-RESPONDENT MAY REQUEST A HEARING BEFORE THE COURT ORA JURY TRIAL-BY FILING A WRITTEN REQUEST WITH THE COURT.-(4) THE COURT OR JURY SHALL DETERMINE WHETHER THE-CONDITIONS OF SUBSECTION ( 1) OF THIS SECTION ARE MET AND WHETHER-THE RESPONDENT CONTINUES TO MEET THE CRITERIA AND STANDARDS FOR-PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-502 (1). THE-COURT SHALL ISSUE AN ORDER OF LONG-TERM PROTECTIVE PLACEMENT FOR-A TERM NOT TO EXCEED SIX MONTHS, DISCHARGE THE RESPONDENT FOR-WHOM LONG-TERM PROTECTIVE PLACEMENT WAS SOUGHT, OR ENTER ANY-OTHER APPROPRIATE ORDER. AN ORDER FOR LONG-TE~\1 PROTECTIVE-PLACEMENT MUST GRANT CUSTODY OF THE RESPONDENT TO THE PROVIDER-OR PLACEMENT IDENTIFIED PURSUANT TO SUBSECTION ( 1 )(b) OF THIS-SECTION. WHEN A PETITION CONTAINS A REQUEST THAT A SPECIFIC LEGAL-DISABILITY BE IMPOSED OR THAT A SPECIFIC LEGAL RIGHT BE DEPRIVED, THE-COURT MAY ORDER THE DISABILITY IMPOSED OR THE RIGHT DEPRIVED IF THE-COURT OR A JURY HAS DETERMINED THAT THE RESPONDENT MEETS THE-CRITERIA AND ST AND ARDS FOR PROTECTIVE PLACEMENT PURSUANT TO-SECTION 25.5-10-502 (1) AND THAT, AS A RESULT, THE RESPONDENT IS-UNABLE TO COMPETENTLY EXERCISE THE SPECIFIC LEGAL RIGHT OR PERFORM-THE FUNCTION FOR WHICH THE DISABILITY IS SOUGHT TO BE IMPOSED. ANY-INTERESTED PERSON MAY ASK LEA VE OF THE COURT TO INTERVENE AS A-COPETITIONER FOR THE PURPOSE OF SEEKING THE IMPOSITION OF A LEGAL-DISABILITY OR THE DEPRIVATION OF A LEGAL RIGHT.-(5) AN ORIGINAL ORDER OF LONG-TERM PROTECTIVE PLACEMENT-AND AN EXTENSION OF THE ORDER EXPIRES ON THE DATE SPECIFIED, UNLESS-FURTHER EXTENDED AS PROVIDED IN THIS SUBSECTION (5). IF AN EXTENSION-IS BEING SOUGHT, THE PROFESSIONAL PERSON IN CHARGE OF THE-EVALUATION AND TREATMENT SHALL CERTIFY TO THE COURT AT LEAST-THIRTY DAYS PRIOR TO THE EXPIRATION DA TE OF THE ORDER IN FORCE THAT-AN EXTENSION OF THE ORDER IS NECESSARY FOR THE PROTECTIVE-PLACEMENT OF THE RESPONDENT SUBJECT TO THE ORDER IN FORCE, AND A-COPY OF THE ORDER MUST BE SIMULTANEOUSLY DELIVERED TO THE-RESPONDENT AND ELECTRONICALLY DELIVERED TO THE RESPONDENT'S-ATTORNEYOFRECORD.ATLEASTTWENTYDAYSBEFORETHEEXPIRATIONOF-THE ORDER, THE COURT SHALL GIVE WRITTEN NOTICE TO THE RESPONDENT-AND THE RESPONDENT'S ATTORNEY OF RECORD THAT A HEARING UPON THE-EXTENSION MAY BE HAD BEFORE THE COURT OR A JURY UPON WRITTEN-PAGE 130-SENATE BILL 26-149-REQUEST TO THE COURT WITHIN TEN DAYS AFTER RECEIPT OF THE NOTICE.-IF A HEARING IS NOT TIMELY REQUESTED BY THE RESPONDENT, THE COURT-MAY PROCEED EX PARTE. IF A HEARING IS TIMELY REQUESTED, THE HEARING-MUST BE HELD BEFORE THE EXPIRATION DATE OF THE ORDER IN FORCE. IF-THECOURTORJURYFINDSTHATTHECONDITIONSOFSUBSECTION(l)OFTHIS-SECTION CONTINUE TO BE MET AND THAT THE RESPONDENT CONTINUES TO-MEET THE CRITERIA AND ST AND ARDS FOR PROTECTIVE PLACEMENT-PURSUANT TO SECTION 25.5-10-502 (1), THE COURT SHALL ISSUE AN-EXTENSION OF THE ORDER. ANY EXTENSION MUST NOT EXCEED SIX MONTHS,-BUT THERE MAY BE AS MANY EXTENSIONS AS THE COURT ORDERS PURSUANT-TO THIS SECTION.-( 6) A RESPONDENT PLACED IN LONG-TERM PROTECTIVE PLACEMENT-MAY BE DISCHARGED FROM THE PROVIDER OR FACILITY UPON THE-SIGNATURE OF THE TREATING PROFESSIONAL PERSON AND MEDICAL-DIRECTOR OF THE FACILITY, AND THE FACILITY SHALL NOTIFY THE COURT-PRIOR TO THE RESPONDENT'S DISCHARGE. THE FACILITY SHALL MAKE THE-RESPONDENT'S DISCHARGE INSTRUCTIONS AVAILABLE TO THE RESPONDENT,-THE RESPONDENT'S ATTORNEY, THE RESPONDENT'S LAY PERSON, AND THE-RESPONDENT'S LEGAL GUARDIAN, IF APPLICABLE, WITHIN ONE WEEK AFTER-DISCHARGE, IF REQUESTED. A FACILITY THAT IS TRANSFERRING A-RESPONDENT TO A DIFFERENT FACILITY OR TO AN OUTPATIENT PROGRAM-SHALL PROVIDE ALL TREATMENT RECORDS TO THE FACILITY OR PROVIDER-ACCEPTING THE RESPONDENT AT LEAST TWENTY-FOUR HOURS PRIOR TO THE-TRANSFER.-25.5-10-505. Connect respondent to home- and-community-based services.-WHEN A RESPONDENT IS DISCHARGED FROM A PROTECTIVE-PLACEMENT OR A PROTECTIVE PLACEMENT IS TERMINATED, HCPF SHALL-REFER THE RESPONDENT TO ANY HOME-AND COMMUNITY-BASED SERVICES-FOR WHICH THE RESPONDENT MAY BE ELIGIBLE AND SHALL MAKE DILIGENT-EFFORTS TO CONNECT THE RESPONDENT WITH HOME- AND-COMMUNITY-BASED SERVICES.-25.5-10-506. Termination of protective placement - sbort-term-and long-term placement.-A PROTECTIVE PLACEMENT TERMINATES WHEN THE PROFESSIONAL-PAGE 131-SENATE BILL 26-149-PERSON IN CHARGE OF TREATMENT OF THE RESPONDENT, AFTER A-REASONABLE OBSERVATION AND TREATMENT PERIOD, DETERMINES THE-RESPONDENT NO LONGER MEETS THE CRITERIA FOR PROTECTIVE PLACEMENT-PURSUANT TO SECTION 25.5-10-502 (1). WHEN A PROTECTIVE PLACEMENT-IS TERMINATED PURSUANT TO THIS SECTION, THE PROFESSIONAL PERSON IN-CHARGE OF PROVIDING CARE OR TREATMENT TO THE RESPONDENT SHALL-NOTIFY THE COURT IN WRITING WITHIN FIVE DAYS AFTER THE TERMINATION.-25.5-10-507. Court supervision of in com pctent and unrestorable-persons ordered into an enhanced protective placement.-(1) ONCEACRIMINALCOURTHASTRANSFERREDJURISDICTIONOF AN-ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION 16-8.5-118 TO-A CIVIL COURT WITH JURISDICTION PURSUANT TO SECTION 25 .5-10-509, THE-CIVIL COURT HAS EXCLUSIVE JURISDICTION OVER THE ENHANCED-PROTECTIVE PLACEMENT.-(2) UPON RECEIVING JURISDICTION OF AN ENHANCED PROTECTIVE-PLACEMENT, THE COURT SHALL:-(a) NOTIFY THE COUNTY ATTORNEY;-(b) APPOINT AN ATTORNEY TO REPRESENT THE RESPONDENT AND-PROVIDE COPIES OF ANY DOCUMENTS SENT FROM THE CRIMINAL COURT TO-THE RESPONDENT'S ATTORNEY; AND-( c) SET A REVIEW HEARING AND ORDER THE RESPONDENT BROUGHT-BEFORE THE COURT.-(3) AT THE REVIEW HEARING, THE COURT SHALL:-(a) ENSURE THE RESPONDENT IS REPRESENTED BY COUNSEL; AND-(b) ADVISE THE RESPONDENT OF THE FOLLOWING RIGHTS:-(I) THE RIGHT TO APPEAR IN PERSON AT ANY PROCEEDING, UNLESS-WAIVED BY THE RESPONDENT;-(II) THE RIGHT TO BE REPRESENTED BY PRIVATELY RETAINED-COUNSEL, OR COURT-APPOINTED COUNSEL IF THE RESPONDENT DOES NOT-PAGE 132-SENATE BILL 26-149-HAVE PRIVATELY RETAINED COUNSEL, DURING ANY PROCEEDING HELD-PURSUANT TO THIS PART 5, INCLUDING ANY APPEALS;-(III) THE RIGHT TO REQUEST MODIFICATION OF THE TERMS OF THE-ENHANCED PROTECTIVE PLACEMENT; AND-(IV) THE RIGHT TO PERIODIC REVIEW OF THE ENHANCED PROTECTIVE-PLACEMENT AND THE RIGHT TO CONTEST, INCLUDING BY TRIAL, WHETHER-THE RESPONDENT QUALIFIES FOR TERMINATION OF THE ENHANCED-PROTECTIVE PLACEMENT.-( 4) AT ANY TIME DURING THE ENHANCED PROTECTIVE PLACEMENT,-THE COURT MAY:-(a) MODIFY ANY COURT ORDER OR ANY TERM OF THE ENHANCED-PROTECTIVE PLACEMENT UPON REQUEST OF THE PARTIES AFTER GIVING THE-PARTIES AN OPPORTUNITY TO OBJECT AND BE HEARD;-(b) ISSUE A WARRANT FOR THE RESPONDENT'S ARREST AND ORDER-THE RESPONDENT BE BROUGHT BEFORE THE COURT IF THE COURT-DETERMINES THE RESPONDENT HAS FAILED TO COMPLY WITH ANY OF THE-COURT'S ORDERS, INCLUDING THE RESPONDENT'S UNAUTHORIZED-DEPARTURE FROM THE PHYSICAL CUSTODY OF A PROVIDER;-( c) ORDER CDHS TO PROVIDE TO THE COURT:-(I) AN UPDATED OPINION ON WHETHER THE RESPONDENT MEETS THE-CRITERIA FOR TERMINATION OF THE ENHANCED PROTECTIVE PLACEMENT-PURSUANT TO SECTION 25.5-10-508; AND-(II) AN OPINION ON WHETHER THE RESPONDENT HAS AN-INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR NEUROCOGNITIVE-DISORDER THAT SUBSTANTIALLY CONTRIBUTES TO WHETHER THE-RESPONDENT IS A DANGER TO THE RESPONDENT'S SELF OR A DANGER TO-OTHERS, OR IS GRAVELY DISABLED;-(d) UPON THE REQUEST OF ANY PARTY, THE REQUEST OF THE-INDIVIDUAL OR ENTITY WITH PHYSICAL CARE AND CUSTODY OF THE-RESPONDENT, OR THE COURT'S OWN MOTION, CONDUCT A REVIEW OF THE-RESPONDENT'S PLACEMENT AND ENTER ANY ORDERS NECESSARY FOR-PAGE 133-SENATE BILL 26-149-SHARING OR RECEIVING INFORMATION NECESSARY TO REVIEW AND MODIFY-THE PLACEMENT, UNLESS THE RESPONDENT IS PLACED INTO INPATIENT CARE-AT THE DISCRETION OF CDHS;-( e) ORDER, AS NECESSARY, APPROPRIATE ENTITIES, INCLUDING THE-SHERIFF, TO BRING THE RESPONDENT BEFORE THE COURT OR TAKE THE-RESPONDENT TO THE PLACEMENT WHERE PHYSICAL CUSTODY OF THE-RESPONDENT HAS BEEN ORDERED;-(f) APPOINT A LEGAL GUARDIAN PURSUANT TO ARTICLE 14 OF TITLE-15; OR-(g) ISSUE ORDERS AS NECESSARY TO EFFECTUATE AND ENFORCE THE-COURT'S POWERS AND RESPONSIBILITIES PURSUANT TO THIS SECTION,-INCLUDING AUTHORIZATION FOR THE REASONABLE USE OF FORCE,-WARRANTS FOR THE ARREST OF THE RESPONDENT, OR CONTEMPT-PROCEEDINGS AGAINST A NONCOMPLIANT INDIVIDUAL OR ENTITY.-(5) (a) THECOURTSHA .LLENSURETHERESPONDENTISPLACED INTHE-LEAST-RESTRICTIVE PLACEMENT ADEQUATE TO PROTECT THE VICTIM AND-THE COMMUNITY AND PROVIDE, TO THE GREATEST EXTENT POSSIBLE, THE-APPROPRIATE LEVEL OF CARE, TREATMENT, AND SUPERVISION OF THE-RESPONDENT.--(b) IF THE RESPONDENT IS NOT PLACED INTO INPATIENT CARE AT THE-DISCRETION OF CDHS OR IF CDHS PROPOSES TO MOVE THE RESPONDENT-INTO OR OUT OF INPATIENT CARE, THE COURT SHALL, PRIOR TO MODIFYING-THE ENHANCED PROTECTIVE PLACEMENT TO CHANGE THE RESPONDENT'S-PROVIDER OR PLACEMENT, REVIEW THE APPROPRIATENESS OF THE PROPOSED-PROVIDER OR PLACEMENT, INCLUDING WHETHER THE PROVIDER FITS THE-RESPONDENT'S DIAGNOSIS AND TREATMENT NEEDS AND WHETHER THE-PLACEMENT SUFFICIENTLY PROTECTS THE COMMUNITY FROM THE-SUBSTANTIAL RISK OF SERJOUS HARM TO OTHERS POSED BY THE-RESPONDENT.-(c) UPON REQUEST, THE COURT SHALL PERMIT CDHS, THE PARTIES,-OR THE APPOINTED LEGAL GUARDIAN THE OPPORTUNITY TO OBJECT AND BE-HEARD PRIOR TO THE COURT'S DECISION. THE COURT MAY PERMIT-TESTIMONY IF THE COURT BELIEVES IT WOULD BE HELPFUL TO THE COURT'S-DECISION.-PAGE 134-SENATE BILL 26-149-( d) WHEN DECIDING WHETHER TO APPROVE THE NEW PROVIDER OR-PLACEMENT, THE COURT SHALL GIVE DEFERENCE TO CDHS AND THE-OPINION OF ANY MEDICAL PROFESSIONAL ON THE APPROPRIATENESS OF THE-PROVIDER AND PLACEMENT FOR THE RESPONDENT, BUT DEFERENCE MUST-NOT BE GIVEN TO CDHS OR A MEDICAL PROFESSIONAL AS TO WHETHER THE-PLACEMENT SUFFICIENTLY PROTECTS ANY VICTIMS AND THE COMMUNITY-FROM THE SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS POSED BY THE-RESPONDENT. WHEN CONSIDERING THE APPROPRIATENESS OF THE-PLACEMENT FOR THE RESPONDENT, VICTIMS, AND THE COMMUNITY, THE-COURT SHALL CONSIDER THE TOTALITY OF THE CIRCUMSTANCES, INCLUDING:-(I) THE RESPONDENT'S STATEMENTS AND INSIGHTS INTO THE-RESPONDENT'S OWN NEUROCOGNITIVE DISORDER OR INTELLECTUAL AND-DEVELOPMENTAL DISABILITY;-(11) THE CLINICAL DIAGNOSIS AND CLINICAL PERSPECTIVE ON THE-RESPONDENT'S CURRENT MENTAL STATE AND PROGNOSIS;-(Ill) THE RESPONDENT'S WILLINGNESS AND DEMONSTRATED ABILITY-TO VOLUNTARILY SEEK AND COMPLY WITH TREATMENT AND SERVICES IN THE-REASONABLY FORESEEABLE FUTURE;-(IV) RECENT OVERT ACTS BY THE RESPONDENT TO THREATEN,-CAUSE , OR ATTEMPT TO CAUSE HARM TO THE RESPONDENT'S SELF OR-OTHERS;-(V) PREVIOUS PATTERNS OF DETERIORATION THAT RES UL TED IN THE-RESPONDENT'S HOSPIT ALIZA TI ON, ARREST, CERTIFICATION FOR SHORT-TERM-TREATMENT, OR PROTECTIVE PLACEMENT;-(VI) WHETHER THE RESPONDENT WAS FOUND IN A CONDITION WHERE-THE RESPONDENT WAS NOT ABLE TO CARE FOR THE RESPONDENT'S OWN-BASIC NEEDS IN ORDER TO A VOID THE RISK OF SERIOUS PHYSICAL HARM;-(VII) THE FREQUENCY, RECENCY, AND SEVERITY OF THE-CONSIDERATIONS DESCRIBED IN SUBSECTIONS (5)(d)(II) TO (5)(d)(VI) OF-THIS SECTION AND THE LIKELIHOOD THAT THE CONDITIONS AND EVENTS WILL-REOCCUR WITHOUT INPATIENT TREATMENT;-(VIII) WHETHER THE RESPONDENT OPPOSES THE PLACEMENT;-PAGE 135-SENATE BILL 26-149-(IX) WHETHER COMMUNITY-BASED PLACEMENT CAN BE-REASONABLY ACCOMMODATED;-(X) THE LIMITED RESOURCES OF THE STATE AND THE NEEDS OF-OTHERS; AND-(XI) THE PLACEMENT RECOMMENDATIONS OF ANY TREATING-PROFESSIONALS.-( e) THE COURT SHALL NOT PERMIT OR ORDER A RESPONDENT TO BE-PLACED INTO A COMMUNITY-BASED SETTING OUTSIDE OF INPATIENT CARE,-AS DEFINED IN SECTION 16-8.5-10 I, FOR THE FIRST TIME SINCE BEING IN AN-ENHANCED PROTECTIVE PLACEMENT UNLESS:-(I) THE VICTIMS HAVE BEEN NOTIFIED OF A CRITICAL STAGE, AS-DEFINED IN SECTION 24-4.1-302 (2)(q.3), AND GIVEN THE OPPORTUNITY TO-BE HEARD; AND-(II) THE DISTRICT ATTORNEY IN THE CASE THAT SOUGHT CIVIL-COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT HAS BEEN NOTIFIED-AND GIVEN AN OPPORTUNITY TO OBJECT AND BE HEARD.-(f) IF THE COURT MODIFIES THE RESPONDENT'S PROVIDER OR-PLACEMENT, THE COURT SHALL ISSUE ANY ORDERS NECESSARY TO MITIGATE-THE RESPONDEJ',;T'S RISK TO ANY VICTIMS OR THE COMMUNITY, INCLUDING-ORDERING THE PROVIDER TO TAKE REASONABLE AND PRACTICABLE-PROTECTIVE MEASURES TO PREVENT THE RESPONDENT FROM CONT ACTING-ANY VICTIMS; EXCEPTTHATTHE COURT SHALL NOT ORDER THE RESPONDENT-TO COMPLY WITH ANY CONDITIONS THAT ARE NOT NECESSARY TO MITIGATE-THE RESPONDENT'S RISK OR WITH WHICH THE RESPONDENT CANNOT COMPLY.-(6) (a) IF THE COURT ORDERS THE RESPONDENT TO BE PLACED INTO-INPATIENT CARE AT THE DISCRETION OF CDHS, AS DEFINED IN SECTION-16-8.5-101, THE EXECUTIVE DIRECTOR OF CDHS SHALL DESIGNATE THE-STATE FACILITY AT WHICH THE RESPONDENT IS HELD FOR CARE AND-TREATMENT AND MAY TRANSFER THE RESPONDENT FROM ONE FACILITY TO-ANOTHER IF, IN THE OPINION OF THE EXECUTIVE DIRECTOR, IT IS-APPROPRIATE TO DO SO IN THE INTEREST OF THE PROPER CARE, CUSTODY,-AND TREATMENT OF THE RESPONDENT OR FOR THE PROTECTION OF THE-PUBLIC OR PERSONNEL AT THE FACILITIES IN QUESTION.-PAGE 136-SENATE BILL 26-149-(b) NOTWITHSTANDING SUBSECTION (6)(a) OF THIS SECTION, HCPF-SHALL:-(I) ENSURE THE RESPONDENT IS PLACED IN THE LEAST-RESTRICTIVE-PLACEMENT ADEQUATE TO PROTECT THE VICTIM AND THE COMMUNITY AND-PROVIDE, TO THE GREATEST EXTENT POSSIBLE, THE APPROPRIATE LEVEL OF-CARE, TREATMENT, AND SUPERVISION OF THE RESPONDENT; AND-(II) NOT PLACE THE RESPONDENT IN A COMMUNITY-BASED SETTING-OUTSIDE OF INPATIENT CARE, AS DEFINED IN SECTION 16-8.5-101, FOR THE-FIRST TIME SINCE THE RESPONDENT WAS SUBJECTED TO AN ENHANCED-PROTECTIVE PLACEMENT WITHOUT PRIOR APPROVAL OF THE COURT-PURSUANT TO SUBSECTION (5) OF THIS SECTION.-(7) TERMINATION OF THE ENHANCED PROTECTIVE PLACEMENT IS-GOVERNED BY SECTION 25.5-10-508.-(8) THE PROVIDER CHARGED WITH THE PHYSICAL CARE AND-CUSTODY OF THE RESPONDENT SHALL SUBMIT A REPORT TO THE COURT AND-THE PARTIES ANNUALLY BY THE DATE THE RESPONDENT WAS ORDERED INTO-ENHANCED PROTECTIVE PLACEMENT UNLESS A SUBSTANTIALLY SIMILAR-EXAMINATION WAS ORDERED WITHIN THE PREVIOUS TWELVE MONTHS. THE-REPORT MUST INCLUDE:-(a) THE PROVIDER'S OPINION ABOUT WHETHER THE RESPONDENT IS-APPROPRIATELY PLACED AND MEETS THE CRITERIA FOR TERMINATION OF THE-ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-508;-(b) A SUMMARY OF THE MATERIALS REVIEWED, ASSESSMENTS-CONDUCTED, AND OTHER BASES OF OPINIONS RENDERED;-( c) THE RESPONDENT'S DIAGNOSIS AND WHETHER THE RESPONDENT'S-SYMPTOMS ARE IN REMISSION;-( d) A SUMMARY OF THE SERVICES OR TREATMENT PROVIDED TO THE-RESPONDENT SINCE THE LAST REPORT AND THE RESPONDENT'S PROGRESS;-(e) A SUMMARY OF THE RESPONDENT'S COMPLIANCE WITH-TREATMENT OR SERVICES, INCLUDING INFORMATION ABOUT MEDICATIONS-CURRENTLY PRESCRIBED TO THE RESPONDENT AND WHETHER THE-PAGE 137-SENATE BILL 26-149-RESPONDENT IS COMPLIANT WITH TAKING THE PRESCRIBED MEDICATIONS;-( f) AN ASSESSMENT OF THE RESPONDENT'S RISK OF HARM TO OTHERS;-(g) A SUMMARY OF THE RESPONDENT'S TREATMENT OR SERVICE-NEEDS BY UTILIZING EVIDENCE-BASED STANDARDS OF INDIVIDUALIZED-TREATMENT AND MANAGEMENT OF INDIVIDUALS WITH AN ENHANCED-PROTECTIVE PLACEMENT;-(h) A SUMMARY OF THE SPECIFIC TREATMENT OR SERVICE OPTIONS-AVAILABLE TO THE RESPONDENT IN THE COMMUNITY AND THE SPECIFIC-TREATMENT OR SERVICE OPTIONS AVAILABLE TO THE RESPONDENT AT A-FACILITY DESIGNATED BY THE EXECUTIVE DIRECTOR;-(i) A SUMMARY OF WHETHER AND HOW ONGOING RISKS COULD BE-MITIGATED IF THE RESPONDENT WERE PLACED IN THE COMMUNITY; AND-(j) SPECIFIC FACTS AND EVIDENCE SUPPORTING EACH OPINION MADE-PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION.-(9) THE COURT MAY ORDER ANY TREATMENT OR SERVICE PROVIDER-WHO HAS AGREED OR WHO HAS BEEN ORDERED TO PROVIDE SERVICES OR-TREATMENT TO THE RESPONDENT TO ISSUE REGULAR PROGRESS REPORTS-CONTAINING INFORMATION REQUIRED PURSUANT TO SUBSECTION (8) OF THIS-SECTION OR OTHER INFORMATION DEEMED NECESSARY FOR THE COURT'S-SUPERVISION OF THE ENHANCED PROTECTIVE PLACEMENT, BUT THE COURT-SHALL NOT REQUIRE A PROVIDER TO SUBMIT PROGRESS REPORTS MORE-FREQUENTLY THAN EVERY NINETY DAYS.-(10) (a) THE COURT MAY, UPON ASHOWINGOFGOODCAUSE,ORDER-CDHS TO FACILITATE AN EXAMINATION BY A PROFESSIONAL PERSON-REGARDING THE RESPONDENT'S PROGRESS WITH TREATMENT AND WHETHER-THE RES PONO ENT MEETS THE CRITERIA FOR CONVERSION OF THE ENHANCED-PROTECTIVE PLACEMENT TO CERTIFICATION FOR SHORT-TERM TREATMENT-OR SHORT-TERM PROTECTIVE PLACEMENT, OR MEETS THE CRITERIA FOR-TERMINATION OF THE ENHANCED PROTECTIVE PLACEMENT PURSUANT TO-SECTION 25.5-10-508, UNLESS CDHS HAS FACILITATED A SIMILAR-EXAMINATION OF THE RESPONDENT IN THE PAST ONE HUNDRED TWENTY-DAYS. THE RESPONDENT SHALL COOPERATE WITH ANY EXAMINATIONS-ORDERED PURSUANT TO THIS SUBSECTION (I 0)(a).-PAGE 138-SENATE BILL 26-149-(b) STATEMENTS MADE BY THE RESPONDENT DURING AN-EXAMINATION CONDUCTED PURSUANT TO THIS SUBSECTION ( 10) MUST NOT-BE USED IN ANY CRIMINAL PROSECUTION.-( c) GOOD CAUSE INCLUDES A RESPONDENT'S TIMELY REQUEST FOR-AN EVALUATION THAT ALLOWS A COMPETENCY EV ALU ATOR TO PROVIDE A-SECOND OPINION IN RESPONSE TO THE REPORT PROVIDED PURSUANT TO-SUBSECTION (8) OF THIS SECTION THAT OPINES THAT THE RESPONDENT DOES-NOT MEET THE CRITERIA FOR TERMINATION .-25.5-10-508. Termination of enhanced protective placement.-(1) THE COURT SHALL TERMINATE A RESPONDENT'S ENHANCED-PROTECTIVE PLACEMENT ORDERED PURSUANT TO SECTION 25.5-10-507-WHEN THE RESPONDENT:-(a) No LONGER POSES A SUBSTANTIAL RISK OF SERIOUS HARM TO-OTHERS; OR·-(b) NO LONGER HAS A NEUROCOGNITIVE DISORDER OR INTELLECTUAL-AND DEVELOPMENTAL DISABILITY THAT IS LIKELY TO CAUSE THE-RESPONDENT TO BE A DANGER TO THE RESPONDENT'S SELF OR A DANGER TO-OTHERS AND THE RESPONDENT HAS DEMONSTRATED SUFFICIENT CAPACITY-AND WILLINGNESS TO CONFORM THE RESPONDENT'S CONDUCT TO THE-REQUIREMENTS OF THE LAW.-(2) (a) IF A TREATMENT PROVIDER CHARGED WITH THE PHYSICAL-CARE AND CUSTODY OF THE RESPONDENT DETERMINES THAT THE-RESPONDENT MEETS THE STANDARD FOR TERMINATION FROM ENHANCED-PROTECTIVE PLACEMENT PURSUANT TO SUBSECTION (1) OF THIS SECTION,-THE PROVIDER OR THE PROVIDER'S DESIGNEE SHALL REPORT THE-DETERMINATION TO THE COURT THAT PLACED THE RESPONDENT INTO THE-PROVIDER'S CARE AND CUSTODY, THE COUNTY ATTORNEY, AND THE DISTRICT-ATTORNEY WHO ORIGINALLY REQUESTED A CIVIL COMMITMENT OR AN-ENHANCEDPROTECTIVEPLACEMENTPURSUANTTOSECTION 16-8.5-118. THE-COURTSHALLFURNISHACOPYOFTHEREPORTTOTHERESPONDENT ANDTHE-RESPONDENT'S COUNSEL.-(b) THE DETERMINATION REPORTEDPURSUANTTOSUBSECTION (2)(a)-OF THIS SECTION MUST INCLUDE:-PAGE 139-SENATE BILL 26-149-(I) THE TREATMENT PROVIDER'S CPINION THAT THE RESPONDENT-MEETS THE CRITERIA FOR TERMINATION OF THE ENHANCED PROTECTIVE-PLACEMENT PURSUANT TO SUBSECTION (1) OF THIS SECTION;-(II) AN ASSESSMENT OF THE RESPONDENT'S RISK OF HARM TO-OTHERS; AND-(III) SPECIFIC FACTS AND EVIDENCE SUPPORTING EACH OPINION IN-THE REPORT, INCLUDING A SUMMARY OF THE MATERIALS REVIEWED,-ASSESSMENTS CONDUCTED, AND OTHER BASES OF OPINIONS RENDERED.-(3) (a) THE RESPONDENT MAY REQUEST TERMINATION OF THE-ENHANCED PROTECTIVE PLACEMENT IN WRITING AT ANY TIME THE-RESPONDENT WOULD NOT BE PROHIBITED FROM HA YING A SUBSEQUENT-TERMINATION TRIAL PURSUANT TO SUBSECTION (7) OF THIS SECTION.-(b) THE COURT SHALL DENY THE REQUEST UNLESS THE REQUEST FOR-TERMINATION INCLUDES AN OPINION FROM A PROFESSIONAL PERSON THAT-THE RESPONDENT CURRENTLY MEETS THE CRITERIA FOR TERMINATION OF-THE ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SUBSECTION ( 1) OF-THIS SECTION.-(4) (a) IF THE COURT DOES NOT DENY THE REQUEST FOR-TERMINATION WITHOUT A HEARING, THE COURT SHALL PERMIT THE COUNTY-ATTORNEY AND THE DISTRICT ATTORNEY WHO ORIGINALLY SOUGHT-ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION 16-8.5-118-FOURTEEN DAYS TO OBJECT TO TER.JVIINATION OR REQUEST AN OPPORTUNITY-TO CONDUCT AN INDEPENDENT EVALUATION BY AN EXPERT OF THE COUNTY-ATTORNEY'S OR DISTRICT A TTOR.i'-JEY'S OWN CHOOSING AND EXPENSE.-(b) IF NEITHER THE COUNTY ATfORNEY NOR THE DISTRICT ATTORNEY-OBJECT OR REQUEST AN OPPORTUNITY TO REQUEST AN INDEPENDENT-EVALUATION, THE COURT SHALL TERMINATE THE RESPONDENT'S ENHANCED-PROTECTIVE PLACEMENT.-( c) IF EITHER THE COUNTY ATTORNEY OR THE DISTRICT ATTORNEY-REQUEST AN OPPORTUNITY TO CONDUCT AN INDEPENDENT EVALUATION, THE-COURT SHALL GRANT THAT REQUEST, ORDER THE RESPONDENT TO COMPLY-WITH THE EVALUATION, AND PERMIT THE COUNTY ATTORNEY OR DISTRICT-ATTORNEY A REASONABLE PERIOD OF TIME TO IDENTIFY AN EXPERT,-PAGE 140-SENATE BILL 26-149-CONDUCT THE EVALUATION, AND ISSUE A REPORT. IF BOTH THE COUNTY-ATTORNEY AND DISTRICT ATTORNEY REQUEST AN INDEPENDENT-EVALUATION, THE COURT SHALL TREAT THE REQUEST AS A JOINT REQUEST-FOR A SINGLE INDEPENDENT EVALUATION . THE COST OF THE INDEPENDENT-EVALUATION MUST BE PAID FOR BY THE REQUESTING PARTY .-( d) IF THE RESPONDENT DOES NOT COOPERATE WITH THE-EVALUATION, THE COURT MAY GRANT ADDITIONAL TIME OR DENY THE-RESPONDENT'S REQUEST FOR TERMINATION.-(e) UPON RECEIPT OF THE INDEPENDENT EVALUATION REPORT, THE-COUNTY ATTORNEY OR DISTRICT ATfORNEY MUST PROVIDE A COPY TO-RESPONDENT'S COUNSEL AND THE COURT WITHIN FOURTEEN DAYS.-(t) IF NEITHER THE COUNTY ATTORNEY NOR DISTRICT ATTORNEY-OBJECT WITHIN THE TIME PERMITTED BY THE COURT, THE COURT SHALL-TERMINATE THE RESPONDENT'S ENHANCED PROTECTIVE PLACEMENT.-(5) (a) IF EITHER THE COUNTY ATTORNEY OR DISTRICT ATTORNEY-TIMELY OBJECTS, THE COURT SHALL, AS SOON AS PRACTICABLE, BRING THE-RESPONDENT BEFORE THE COURT , ENSURE THE RESPONDENT AND THE-RESPONDENT'S COUNSEL RECEIVED A COPY OF ANY REPORTS RECEIVED, AND-ADVISE THE RESPONDENT OF THE RIGHT TO DEMAND A TRIAL BY THE COURT-OR THE RIGHT TO DEMAND, IN WRITING, A JURY TRIAL OF NOT MORE THAN SIX-INDIVIDUALS TO DETERMINE WHETHER THE RESPONDENT MEETS THE-CRITERIA FOR TERMINATION PURSUANTTO SUBSECTION (l)OFTI-HS SECTiON.-(b) IF THE RESPONDENT DEMANDS A TRIAL BEFORE THE COURT, THE-COURT SHALL SCHEDULE THE TRIAL WITHIN THIRTY-FIVE DAYS AFTER THE-DEMAND. IF THE RESPONDENT DEMANDS A JURY TRIAL, THE COURT SHALL-SCHEDULE THE TRIAL WITHIN SEVENTY-TWO DAYS AFTER THE DEMAND. A-DELAY ATTRIBUTABLE TO THE RESPONDENT IS EXCLUDED FROM THE TIME-LIMITATIONS IN THIS SUBSECTION ( 5)(b ). IF THE COURT DOES NOT BEGIN THE-TRIAL WITHIN THE TIME PERMITTED PURSUANT TO THIS SUBSECTION (5)(b ),-THE COURT SHALL TERMINATE THE ENHANCED PROTECTIVE PLACEMENT AND-RELEASE THE RESPONDENT FROM THE PROVIDER'S CARE AND CUSTODY.-( c) IF THE COUNTY ATTORNEY DOES NOT OBJECT TO TERMINATION-BUTTHEDISTRICTATTORNEYDOES,THEDISTRICTATTORNEYHASSTANDING-TO SERVE AS THE COUNTY ATTORNEY FOR THE LIMITED PURPOSE OF TRIAL-PAGE 141-SENATE BILL 26-149-AND ANY APPEALS RELATED TO THE TRIAL. THE COUNTY A TIORNEY SHALL-TIMELY PROVIDE THE DISTRICT ATTORNEY ALL INFORMATION AND RECORDS-RELEVANT TO THE TRIAL IN THE COUNTY ATTORNEY'S POSSESSION OR-CONTROL WITHOUTSUBPOENAORCOURTORDER. THE DISTRICT ATTORNEY'S-LIMITED ST ANDING DOES NOT EXTEND TO ANY OTHER MA TIERS RELATED TO-THE ENHANCED PROTECTIVE PLACEMENT AND TERMINATES UPON-RESOLUTION OF THE TRIAL AND ANY RELATED APPEALS.-(6) (a) AT THE TRIAL, IF ANY EVIDENCE IS INTRODUCED THAT SHOWS-THE RESPONDENT DOES NOT MEET THE CRITERIA FOR TERMINATION OF THE-ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SUBSECTION ( 1) OF THIS-SECTION, THE RESPONDENT HAS THE BURDEN TO SHOW BY A-PREPONDERANCE OF THE EVIDENCE THAT THE RESPONDENT MEETS THE-CRITERIA FOR TERMINATION PURSUANTTOSUBSECTION (1) OF THIS SECTION.-(b) IF THE TRIER OF FACT FINDS THE RESPONDENT MEETS THE-CRITERIA FOR TERMINATION PURSUANT TO SUBSECTION ( 1) OF THIS SECTION,-THE COURT SHALL ORDER THE RESPONDENT RELEASED FROM THE PROVIDER'S-CARE AND CUSTODY AND TERMINATE THE RESPONDENT'S ENHANCED-PROTECTIVE PLACEMENT. IF THE TRIER OF FACT FINDS THE RESPONDENT-DOESNOTMEETTHECRITERIAFORTERMINATIONPURSUANTTOSUBSECTION-(1) OF THIS SECTION, THE COURT SHALL CONTINUE THE ENHANCED-PROTECTIVE PLACEMENT AND MAY ENTER OR MODIFY ANY ORDERS TO-ASSIST IN PROGRESSING THE TREATMENT OF THE RESPONDENT OR THAT ARE-NECESSARY TO PROTECT THE PUBLIC.-(7) IF THE TRIER OF FACT FINDS THE RESPONDENT DOES NOT MEET-THE CRITERIA FOR TERMINATION PURSUANT TO SUBSECTION (1) OF THIS-SECTION, THE RESPONDENT IS NOT ENTITLED TO ANOTHER TERMINATION-TRIAL WITHIN ONE YEAR AFTER THE CONCLUSION OF THE PREVIOUS TRIAL-FOR TERMINATION.-(8) IF THE RESPONDENT DOES NOT MEET THE CRITERIA FOR-TERMINATION PURSUANT TO SUBSECTION ( 1) OF THIS SECTION AND NO-LONGER HAS AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR A-NEUROCOGNITIVE DISORDER THAT SUBSTANTIALLY CONTRIBUTES TO ANY-DANGER POSED TO THE RESPONDENT'S SELF OR TO OTHERS, OR ANY GRAVE-DISABILITY FROM WHICH THE RESPONDENT SUFFERS, THE COURT SHALL-CONVERT THE ENHANCED PROTECTIVE PLACEMENT TO A CIVIL COMMITMENT-AND MAY MODIFY THE TERMS OF THE CIVIL COMMITMENT IN ACCORDANCE-PAGE l 42-SENA TE BILL 26-149-WITH SECTION 27-65-201.-(9) IF THE DEFENDANT DOES NOT MEET THE CRITERIA FOR-TERMINATION PURSUANT TO SUBSECTION (1) OF THIS SECTION AND HAS A-CO-OCCURRING MENTAL HEALTH DISORDER THAT DOES NOT INCLUDE AN-INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR A NEUROCOGNITIVE-DISORDER THAT SUBSTANTIALLY CONTRIBUTES TO WHETHER THE-RESPONDENT IS A DANGER TO THE RESPONDENT'S SELF OR A DANGER TO-OTHERS, OR IS GRAVELY DISABLED, THE COURT MAY, UPON THE-RECOMMENDATION OF CDHS, CONVERT THE ENHANCED PROTECTIVE-PLACEMENT TO A CIVIL COMMITMENT AND MODIFY THE TERMS OF THE CIVIL-COMMITMENT IN ACCORDANCE WITH SECTION 27-65-201.-25.5-10-509. Jurisdiction - transfer.-(1) (a) THE COURT IN WHICH A PETITION IS FILED PURSUANT TO THIS-PART 5, OR A COURT AUTHORIZED TO CONDUCT PROCEEDINGS PURSUANT TO-THIS PART 5 THAT RECEIVES A COURT ORDER TRANSFERRING JURISDICTION-OF AN ENHANCED PROTECTIVE PLACEMENT, IS THE COURT OF ORIGINAL-JURISDICTION AND OF CONTINUING JURISDICTION FOR ANY FURTHER-PROCEEDINGS PURSUANT TO THIS PART 5.-(b) WHEN THE CONVENIENCE OF THE PARTIES AND THE ENDS OF-JUSTICE WOULD BE PROMOTED BY A CHANGE IN THE COURT HA YING-JURISDICTION, THE COURT MAY ORDER A TRANSFER OF THE PROCEEDING TO-ANOTHER COUNTY. UNTIL FURTHER ORDER OF THE TRANSFEREE COURT, IF-ANY, IT IS THE COURT OF CONTINUING JURISDICTION. IF MULTIPLE CRIMINAL-COURTS REFER A MATTER FOR PROCEEDINGS PURSUANT TO THIS PART 5,ANY-COURT WITH JURISDICTION MAY TRANSFER THE PROCEEDING TO ANOTHER-COUNTY AND ALLOW FOR CONSOLIDATION OF PROCEEDINGS INTO ONE-PROCEEDING, WHICH MAY OCCUR IN ANY COUNTY THAT PROMOTES THE-CONVENIENCE OF THE PARTIES AND THE ENDS OF JUSTICE.-(2) (a) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION (2),-ANY PETITION, ORDER, TRANSFER OF JURISDICTION OF AN ENHANCED-PROTECTIVE PLACEMENT, OR REQUEST FOR A PROCEEDING MAY BE FILED-WHERE THE RESPONDENT RESIDES OR IS PHYSICALLY PRESENT FOR-TREATMENT.-(b) A PETITION OR REQUEST FOR A PROTECTIVE PLACEMENT-PAGE 143-SENATE BILL 26-149-PURSUANT TO SECTION 25 .5-10-502 MAY BE FILED IN THE JURISDICTION-WHERE THE RESPONDENT RESIDES OR WHERE THE RESPONDENT IS-CURRENTLY IN AN INPATIENT SETTING RECEIVING TREATMENT.-( C) A PETITION OR REQUEST FOR A PROTECTIVE PLACEMENT FOR AN-INCOMPETENT DEFENDANT IN A CRIMINAL MA TIER PURSUANT TO SECTION-25 .5-10-502 OR TRANSFER OF JURISDICTION OF AN ENHANCED PROTECTIVE-PLACEMENT MAY BE FILED IN THE JURISDICTION WHERE THE RESPONDENT-RESIDES, WAS PHYSICALLY PRESENT IMMEDIATELY PRIOR TO THE FILING OF-THE PETITION, OR IS RECEIVING INPATIENT TREATMENT OR WHERE THE-CRIMINAL COURT THAT REFERRED THE MATTER IS LOCATED.-(3) IN ANY CASE IN WHICH THERE HAS BEEN A CHANGE OF VENUE TO-A COUNTY OTHER THAN THE COUNTY OF RESIDENCE OF THE RESPONDENT OR-THE COUNTY IN WHICH THE PROCEEDING WAS COMMENCED, THE COUNTY-FROM WHICH THE PROCEEDING WAS TRANSFERRED SHALL EITHER REIMBURSE-THE COUNTY TO WHICH THE PROCEEDING WAS TRANSFERRED AND IN WHICH-THE PROCEEDING WAS HELD FOR THE REASONABLE COSTS INCURRED IN-CONDUCTING THE PROCEEDING OR CONDUCT THE PROCEEDING ITSELF USING-ITS OWN PERSONNEL AND RESOURCES, INCLUDING ITS OWN DISTRICT OR-COUNTY A'ITORNEY, AS THE CASE MAY BE.-( 4) IF A PROCEEDING IS INITIATED PURSUANT TO THIS ARTICLE 10 BUT-A PROCEEDING PURSUANT TO ARTICLE 65 OF TITLE 27 IS MORE ADVISABLE-BECAUSE THE COURT DETERMINES THAT THE RESPONDENT DOES NOT HA VE-AN INTELLECTUAL AND DEVELOPMENT AL DISABILITY OR A NEUROCOGNITIVE-DISORDER OR HAS A MENTAL HEALTH DISORDER IN ADDITION TO AN-INTELLECTUAL AND DEVELOPMENTAL DISABILITY OR NEUROCOGNITIVE-DISORDER, THE COURT MAY MAINTAIN JURISDICTION AND ORDER THE CASE-TO PROCEED PURSUANT TO ARTICLE 65 OF TITLE 27.-(5) (a) IF AN ENHANCED PROTECTIVE PLACEMENT IS ORDERED-AGAINST A RESPONDENT PURSUANT TO SECTION 16-8.5-118 OR IF A-RESPONDENT'S ENHANCED PROTECTIVE PLACEMENT IS SUPERVISED-PURSUANT TO SECTION 25.5-10-507, AND THE RESPONDENT REFUSES TO-ACCEPT MEDICATION, THE COURT WITH JURISDICTION OVER THE ENHANCED-PROTECTIVE PLACEMENT OR THE COURT WITH JURISDICTION WHERE THE-FACILITY OR PROVIDER TREATING THE RESPONDENT IS LOCATED HAS-JURISDICTION AND VENUE TO ACCEPT A PETITION BY THE TREATING-PHYSICIAN TO ENTER AN ORDER REQUIRING THAT THE RESPONDENT ACCEPT-PAGE 144-SENATE BILL 26-149-THE TREATMENT OR THAT THE MEDICATION BE FORCIBLY ADMINISTERED TO-THE RESPONDENT. THE COURT WITH JURISDICTION WHERE THE FACILITY OR-PROVIDER IS LOCATED SHALL NOT EXERCISE ITS JURISDICTION WITHOUT THE-PERMISSION OF THE COURT WITH JURISDICTION OVER THE ENHANCED-PROTECTIVE PLACEMENT. UPON FILING THE PETITION, THE COURT SHALL-APPOINT AN ATTORNEY TO REPRESENT THE RESPONDENT IF ONE HAS NOT-BEEN APPOINTED AND SHALL HEAR THE MATTER WITHIN TEN DAYS AFTER-THE FILING.-(b) IN ANY CASE BROUGHT PURSUANT TO SUBSECTION ( 5)( a) OF THIS-SECTION, THE COUNTY WHERE THE COURT WITH JURISDICTION OVER THE-ENHANCED PROTECTIVE PLACEMENT IS LOCATED SHALL EITHER REIMBURSE-THE COUNTY IN WHICH THE PROCEEDING PURSUANT TO SUBSECTION (5)(a)-OF THIS SECTION WAS FILED AND HELD FOR THE REASONABLE COSTS-INCURRED IN CONDUCTING THE PROCEEDING OR CONDUCT THE PROCEEDING-ITSELF USING ITS OWN PERSONNEL AND RESOURCES INCLUDING ITS OWN-COUNTY ATTORNEY.-25.5-10-510. Hearing procedures.-(1) A HEARING HELD PURSUANT TO THIS PART 5 MUST BE-CONDUCTED IN THE SAME MANNER AS OTHER CIVIL PROCEEDINGS BEFORE-THE COURT.-(2) THE COURT, AFTER CONSULTATION WITH THE RESPONDENT'S-COUNSEL TO OBTAIN THE COUNSEL'S RECOMMENDATIONS, MAY APPOINT A-PROFESSIONAL PERSON TO EXAMINE THE RESPONDENT FOR WHOM A-PROTECTIVE PLACEMENT IS SOUGHT AND TESTIFY AT THE HEARING AS TO THE-RESULTS OF THE PROFESSIONAL PERSON'S EXAMINATION. THE-COURT-APPOINTED PROFESSIONAL PERSON SHALL ACT SOLELY IN AN-ADVISORY CAPACITY, AND NO PRESUMPTION IS ATTACHED TO THE-PROFESSIONAL PERSON'S FINDINGS.-(3) UPON REQUEST OF A LEGAL GUARDIAN APPOINTED PURSUANT TO-ARTICLE 14 OF TITLE 15, THE LEGAL GUARDIAN MAY INTERVENE IN ANY-PROCEEDING BROUGHT PURSUANT TO THIS PART 5 CONCERNING THE LEGAL-GUARDIAN'S WARD AND, THROUGH COUNSEL, MAY PRESENT EVIDENCE AND-REPRESENT TO THE COURT THE VIEWS OF THE LEGAL GUARDIAN CONCERNING-THE APPROPRIATE DISPOSITION OF THE CASE.-PAGE 145-SENATE BILL 26-149-(4) A LAY PERSON MAY SUBMIT AN AFFIDAVIT TO THE COURT-CONCERNING THE LAY PERSON'S RELATIONSHIP TO THE RESPONDENT, HOW-LONG THE LAY PERSON HAS KNOWN THE RESPONDENT , THE LAY PERSON'S-PHYSICAL ADDRESS, AND THE LAY PERSON'S VIEWS CONCERNING THE-APPROPRIATE DISPOSITION OF THE RESPONDENT'S CASE.-25.5-10-511.-responsibilities.-County attorney and district attorney-(1) THE COUNTY ATTORNEY OR THE DISTRICT ATTORNEY IN A-COUNTY OR CITY AND COUNTY THAT HAS A POPULATION EQUAL TO OR LESS-THAN FIFTY THOUSAND PEOPLE, OR A QUALIFIED ATTORNEY ACTING AS THE-COUNTY A TTORi"l\lEY'S OR DISTRICT ATTORNEY'S DESIGNEE WHO IS APPOINTED-BY THE DISTRICT COURT, HAS THE FOLLOWING POWERS AND-RESPONSIBILITIES:-(a) To FILE AND APPEAR ON BEHALF OF THE COUNTY OR ST A TE IN ALL-PROCEEDINGS BROUGHT PURSUANT TO THIS PART 5 OR TRANSFERRED FROM-THE CRIMINAL COURT PURSUANT TO SECTION 16-8.5-118;-(b) To EXERCISE DUE DILIGENCE IN GATHERING INFORMATION FROM-AV AI LAB LE SOURCES FOR USE IN PROCEEDINGS BROUGHT PURSUANT TO THIS-PART 5; AND-( c) To SHARE AND PROVIDE INFORMATION ABOUT PROCEEDINGS-BROUGHT PURSUANT TO THIS PART 5 TO INTERESTED PARTIES AS ALLOW ABLE-BYLAW.-(2) THIS SECTION ONLY APPLIES TO PROCEEDINGS CONDUCTED-PURSUANT TO THIS PART 5.-25.5-10-512. Appeals.-( 1) AP PELLA TE REVIEW OF ANY ORDER FOR PROTECTIVE PLACEMENT-OR ENHANCED PROTECTIVE PLACEMENT MAY BE HAD AS PROVIDED IN THE-COLORADO APPELLATE RULES. AN APPEAL MUST BE ADVANCED UPON THE-CALENDAR OF THE APPELLATE COURT AND MUST BE DECIDED AT THE-EARLIEST PRACTICABLE TIME. PENDING DISPOSITION BY THE APPELLATE-COURT, THE COURT MAY MAKE SUCH ORDER AS THE COURT MAY CONSIDER-PROPER IN THE PREMISES RELATING TO THE CARE AND CUSTODY OF THE-PAGE 146-SENATE BILL 26-149-RESPONDENT.-(2) A RESPONDENT SUBJECT TO AN ORDER FOR PROTECTIVE-PLACEMENT OR ENHANCED PROTECTIVE PLACEMENT SHALL BE ADVISED OF-THE RESPONDENT'S RIGHT TO APPEAL THE ORDER BY THE COURT AT THE-CONCLUSION OF ANY HEARING, AND, AS A RESULT, THE ORDER MAY BE-ENTERED.-25.5-10-513. Habeas corpus.-ANY PERSON DETAINED PURSUANT TO THIS PART 5 IS ENTITLED TO AN-ORDER IN THE NATURE OF HABEAS CORPUS UPON PROPER PETITION TO ANY-COURT GENERALLY EMPOWERED TO ISSUE ORDERS IN THE NATURE OF-HA6EAS CORPUS.-25.5-10-514. Rights of respondents ordered into enhanced-protective placement or protective placement.-( 1) A RESPONDENT IN A PROCEEDING BROUGHT PURSUANT TO THIS-PART 5 OR WHO IS UNDER A PROTECTIVE PLACEMENT OR AN ENHANCED-PROTECTIVE PLACEMENT HAS THE SAME RIGHTS AS A PERSON WITH AN-INTELLECTUAL AND DEVELOPMENTAL DISABILITY UNDER THIS ARTICLE 10,-INCLUDING THE RIGHTS PROVIDED IN SECTIONS 25.5-10-218, 25.5-10-220,-25.5-10-221, 25.5-10-222, 25.5-10-223, 25.5-10-225, 25.5-10-227,-25.5-10-228, 25.5-10-229, 25.5-10-230, 25.5-10-236, AND 25.5-10-240.-(2) A RESPONDENT PLACED IN THE CUSTODY OF CDHS AT A STATE-HOSPITAL HAS THE SAME RIGHTS AS A PERSON SUBJECT TO PROCEEDINGS-PURSUANT TO ARTICLE 65 OF TITLE 27, INCLUDING THE RIGHTS PROVIDED IN-SECTIONS 27-65-105, 27-65-108, 27-65-117, 27-65-118, 27-65-119,-27-65-122, AND 27-65-124.-25.5-10-515. Records - rules.-( 1) EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, ALL-INFORMATION OBTAINED AND RECORDS PREPARED IN THE COURSE OF-PROVIDING ANY SERVICES TO ANY PERSON PURSUANT TO ANY PROVISION OF-THIS PART 5 ARE CONFIDENTIAL AND PRIVILEGED. THE INFORMATION AND-RECORDS MAY BE DISCLOSED ONLY:-PAGE 147-SENATE BILL 26-149-(a) IN COMMUNICATIONS BETWEEN QUALIFIED PROFESSIONALS,-FACILITY PERSONNEL, OR STATE AGENCIES IN THE PROVISION OF SERVICES OR-APPROPRIATE REFERRALS;-(b) WHEN THE RECIPIENT OF SERVICES DESIGNATES PERSONS TO-WHOM INFORMATION OR RECORDS MAY BE RELEASED, BUT, IF A RECIPIENT-OF SERVICES IS A WARD OR CONSERVATEE AND THE WARD'S OR-CONSERVATEE'S GUARDIAN OR CONSERVATOR DESIGNATES, IN WRITING,-PERSONS TO WHOM RECORDS OR INFORMATION MAY BE DISCLOSED, THE-DESIGNATION IS VALID IN LIEU OF THE DESIGNATION BY THE RECIPIENT;-EXCEPT THAT NOTHING IN THIS SECTION COMPELS A PHYSICIAN,-PSYCHOLOGIST, SOCIAL WORKER, NURSE, ATTORNEY, OR OTHER-PROFESSIONAL PERSONNEL TO REVEAL INFORMATION THAT HAS BEEN GIVEN-TO THE PERSON IN CONFIDENCE BY MEMBERS OF A PATIENT'S FAMILY OR-OTHER INFORMANTS;-(c) To THE EXTENT NECESSARY TO MAKE CLAIMS ON BEHALF OF A-RECIPIENT OF AID, INSURANCE, OR MEDICAL ASSISTANCE TO WHICH THE-RECIPIENT MAY BE ENTITLED;-( d) IF HCPF HAS ADOPTED RULES FOR THE CONDUCT OF RESEARCH.-THE RULES MUST INCLUDE, BUT ARE NOT LIMITED TO, THE REQUIREMENT-THAT ALL RESEARCHERS MUST SIGN AN OATH OF CONFIDENTIALITY. ALL-IDENTIFYING INFORMATION CONCERNING INDIVIDUAL PATIENTS, INCLUDING-NAMES, ADDRESSES, TELEPHONE NUMBERS, AND SOCIAL SECURITY NUMBERS,-MUST NOT BE DISCLOSED FOR RESEARCH PURPOSES.-(e) To THE COURTS, AS NECESSARY FOR THE ADMINISTRATION OF-THIS PART 5;-(f) TO PERSONS AUTHORIZED BY AN ORDER OF COURT AFTER NOTICE-AND OPPORTUNITY FOR HEARING TO THE PERSON TO WHOM THE RECORD OR-INFORMATION PERTAINS AND THE CUSTODIAN OF THE RECORD OR-INFORMATION PURSUANT TO THE COLORADO RULES OF CIVIL PROCEDURE;-(g) TO FAMILY MEMBERS UPON ADMISSION OF A PERSON WITH A-NEUROCOGNITIVE DISORDER OR INTELLECTUAL AND DEVELOPMENTAL-DISABILITY FOR INPATIENT OR RESIDENTIAL PROTECTIVE PLACEMENT;-(h) TOFAMILYMEMBERSORALAYPERSONACTIVELYPARTICIPATING-PAGE 148-SENA TE BILL 26-149-IN THE CARE AND TREATMENT OF A PERSON WITH A NEUROCOGNITIVE-DISORDER OR INTELLECTUAL AND DEVELOPMENTAL DISABILITY,-REGARDLESS OF THE LENGTH OF THE PARTICIPATION. THE INFORMATION-RELEASED PURSUANT TO THIS SUBSECTION (l)(h) IS LIMITED TO ONE OR-MORE OF THE FOLLOWING: THE DIAGNOSIS, THE PROGNOSIS, THE NEED FOR-HOSPITALIZATION AND ANTICIPATED LENGTH OF ST A Y, THE DISCHARGE PLAN,-THE MEDICATION ADMINISTERED AND SIDE EFFECTS OF THE MEDICATION,-AND THE SHORT-TERM AND LONG-TERM TREATMENT GOALS.-(i) IN ACCORDANCE WITH STATE AND FEDERAL LAW, TO THE AGENCY-DESIGNATED PURSUANT TO THE FEDERAL "PROTECTION AND ADVOCACY FOR-INDIVIDUALS WITH MENTAL ILLNESS ACT", 42 U.S.C. SEC. 10801 ET SEQ.,-AS THE GOVERNOR'S PROTECTION AND ADVOCACY SYSTEM FOR COLORADO.-(2) SUBSECTION (l)(g) OR (l)(h) OF THIS SECTION DOES NOT-PRECLUDE THE RELEASE OF INFORMATION TO A PARENT CONCERNING THE-PARENT'S MINOR CHILD.-(3) (a) THIS PART 5 DOES NOT RENDER ANY INFORMATION-PRIVILEGED OR CONFIDENTIAL, EXCEPT WRITTEN MEDICAL RECORDS AND-INFORMATION THAT IS PRIVILEGED PURSUANT TO SECTION 13-90-107,-CONCERNING OB SER YEO BEHAVIOR THAT CONSTITUTES A CRIMINAL OFFENSE-COMMITTED UPON THE PREMISES OF ANY FACILITY PROVIDING SERVICES-PURSUANT TO THIS PART 5 OR ANY CRIMINAL OFFENSE COMMITTED AGAINST-ANY PERSON WHILE PERFORMING OR RECEIVING SERVICES PURSUANT TO THIS-PART 5.-(b) SUBSECTION ( 1) OF THIS SECTION DOES NOT APPLY TO PHYSICIANS-OR PSYCHOLOGISTS ELIGIBLE TO TESTIFY CONCERNING A CRIMINAL-DEFENDANT'S MENTAL CONDITION PURSUANT TO SECTION 16-8-103 .6.-( c) THIS SECTION DOES NOT PROHIBIT THE LIMITED DISCLOSURE OF-NECESSARY INFORMATION TO THE PROSECUTING ATTORNEY AND CRIMINAL-DEFENSE COUNSEL IF A CRIMINAL CASE IS STILL PENDING AGAINST THE-PERSON.-(4) (a) COURT RECORDS IN PROCEEDINGS BROUGHT PURSUANT TO-THIS PART 5 MUST BE MAiNTAINED SEPARATELY BY THE CLERK OF THE-SEVERAL COURTS AND THE CASE NUMBER AND PROCEEDINGS MUST NOT BE-MADE PUBLIC OR RELEASED, EXCEPT AS PROVIDED IN THIS SECTION.-PAGE 149-SENATE BILL 26-149-(b) UPON THE TERMINATION OF A PROTECTIVE PLACEMENT-PURSUANT TO SECTION 25.5-10-506 OR THE TERMINATION OF AN ENHANCED-PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-508, THE CLERK OF-THE COURT SHALL IMMEDIATELY SEAL THE RECORD IN THE CASE AND OMIT-THE RESPONDENT'S NAME FROM THE INDEX OF CASES IN THE COURT UNTIL-AND UNLESS THE RESPONDENT BECOMES SUBJECT TO AN ORDER OR-LONG-TERM PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-504-AND UNLESS THE COURT ORDERS THE RECORDS OPENED FOR GOOD CAUSE-SHOWN. IN THE EVENT A PETITION IS FILED PURSUANT TO SECTION-25.5-10-504 OR 25.5-10-507, THE RECORD MAY BE OPENED AND BECOME-PARTOFTHERECORDINTHELONG-TERMPROTECTIVEPLACEMENTCASEAND-THE NAME OF THE RESPONDENT INDEXED.-(c) NOTWITHSTANDING SUBSECTION (4)(b) OF THIS SECTION, WHILE-A MATTER IS PENDING OR AFTER A CASE IS SEALED, THE COURT MAY-DISCLOSE THE EXISTENCE OF THE PROCEEDING, THE CASE NUMBER, AND-COURT RECORDS TO THE RESPONDENT OR ANY ATTORNEY REPRESENTING THE-RESPONDENT IN ANY PROCEEDING OR MATTER WITH A RELEASE SIGNED BY-THE RESPONDENT OR PURSUANT TO A COURT ORDER. WHEN A COURT ORDER-SPECIFICALLY AUTHORIZING DISCLOSURE OR A VALID RELEASE FOR A-RECORD IS PRESENTED TO THE CLERK OF THE COURT, THE CLERK OF THE-COURT SHALL ACKNOWLEDGE THE EXISTENCE OF THE CASE AND PROVIDE-THE CASE NUMBER AND RECORDS TO THE RESPONDENT OR AUTHORIZED-REQUESTOR POSSESSING A COURT ORDER OR A RELEASE.-( 5) IF A CERTIFIED PEACE OFFICER INITIATES OR PARTICIPATES IN THE-INITIATION OF AN EMERGENCY MENTAL HEALTH HOLD, THE COURT, COUNTY-ATTORNEY, OR DISTRICT ATTORNEY CONDUCTING ANY SUBSEQUENT-PROCEEDINGS PURSUANT TO THIS PART 5 AND THE PROVIDER WHO CONDUCTS-ANEVALUATIONORPROVIDESCAREMAY, WITHOUTCOURTAUTHORIZATION,-PROVIDE THE CERTIFIED PEACE OFFICER'S AGENCY WITH THE FOLLOWING-LIMITED INFORMATION, IF AVAILABLE:-(a) WHETHER OR NOT A PROFESSIONAL PERSON FOUND THE-RESPONDENT MET THE CRITERIA FOR SHORT-TERM PROTECTIVE PLACEMENT-PURSUANT TO SECTION 25.5-10-503;-(b) WHETHER THE RESPONDENT WAS RELEASED OR REMAINS IN-INPATIENT CARE AND WHETHER FURTHER CARE IS BEING PROVIDED TO THE-RESPONDENT; AND-PAGE 150-SENATE BILL 26-149-( C) WHETHER OR NOT FURTHER PROCEEDINGS WERE INITIATED FOR-SHORT-TERM PROTECTIVE PLACEMENT.-(6) SEALING RECORDS BY THE COURT DOES NOT PREVENT A PARTY-TO RELATED CRIMINAL CASES, A PARTY TO A PROCEEDING BROUGHT-PURSUANT TO THIS PART 5, HCPF, THE BHA, THE DEPARTMENT OF HUMAN-SERVICES, A PROFESSIONAL PERSON, OR AN INTERVENING PROFESSIONAL-WITH LAWFUL POSSESSION OF RECORDS FROM MAINTAINING AND USING THE-RECORDS, UNLESS PROHIBITED BYLAW.-(7) A PARTY TO RELATED CRIMINAL CASES, A PARTY TO A-PROCEEDING BROUGHT PURSUANT TO THIS PART 5, HCPF, THE BI-IA, THE-DEPARTMENT OF HUMAN SERVICES, A PROFESSIONAL PERSON, OR AN-INTERVENING PROFESSIONAL MAY SEEK TO UNSEAL CASE RECORDS FOR-GOOD CAUSE, WHICH INCLUDES THE NEED TO USE THE RECORDS IN OTHER-CRIMINAL PROCEEDINGS INVOLVING COMPETENCY PURSUANT TO ARTICLE 8.5-OF TITLE 16 OR PROCEEDINGS BROUGHT PURSUANT TO THIS PART 5.-(8) THE DISTRICT ATTORNEY MAY PROVIDE INFORMATION TO A-VICTIM WHEN NECESSARY TO -COMPLY WITH THE "VICTIM RIGHTS ACT",-PART 3 OF ARTICLE 4.1 OF TITLE 24.-25.5-10-516. Payment for counsel.-IN ORDER TO PROVIDE LEGAL REPRESENTATION TO PERSONS ELIGIBLE-FOR AN ATTORNEY PURSUANT TO THIS ARTICLE 10, THE JUDICIAL-DEPARTMENT SHALL PAY, OUT OF MONEY APPROPRIATED BY THE GENERAL-ASSEMBLY, MONEY DIRECTLY TO THE APPOINTED ATTORNEY ON A-CASE-BY-CASE BASIS OR, ON BEHALF OF THE STATE, SHALL PAY LUMP-SUM-GRANTS TO AND CONTRACT WITH INDIVIDUAL ATTORNEYS, LEGAL-PARTNERSHIPS, LEGAL PROFESSIONAL CORPORATIONS, PUBLIC INTEREST LAW-FIRMS, OR NONPROFIT LEGAL SERVICES CORPORATIONS.-25.5-10-517. Authority to increase payments to nursing facility-and regional center providers - rules.-SUBJECT TO AVAILABLE APPROPRIATIONS AND FEDERAL-AUTHORIZATION, HCPF MAY INCREASE PAYMENTS TO NURSING FACILITY-PROVIDERS AND REGIONAL CENTER PROVIDERS FOR THE PURPOSE OF-ACHIEVING THE LEAST RESTRICTIVE PLACEMENT REQUIREMENT FOR-PAGE 151-SENATE BILL 26-149-INDIVIDUALS SUBJECT TO A PROTECTIVE PLACEMENT PURSUANT TO THIS-PART 5. HCPF SHALL ADOPTED RULES DEFINING THE QUALIFICATIONS AND-PAYMENT SCHEDULE FOR NURSING FACILITY PROVIDERS AND REGIONAL-CENTERPROVIDERSTHATSERVETHEINDIVIDUALSSUBJECTTOAPROTECTIVE-PLACEMENT.-25.5-10-518. Repeal of part.-THIS PART 5 IS REPEALED, EFFECTIVE JULY 1, 2031.-SECTION 23. In Colorado Revised Statutes, add 25.5-6-414 as-follows:-25.5-6-414. Delivery of services for individuals with serious-mental illness - rules.-(1) THE STATE DEPARTMENT IS COMMITTED TO IMPROVING ACCESS-TO, AND THE QUALITY OF SERVICES FOR, INDIVIDUALS WITH SERIOUS MENTAL-ILLNESS WHO ARE ENROLLED IN THE STATE MEDICAL ASSISTANCE PROGRAM.-(2) THE STATE DEPARTMENT SHALL, IN COLLABORATION WITH THE-BEHAVIORAL HEALTH ADMINISTRATION, SERVICE PROVIDERS,-Sf AKEHOLDERS, AND INDIVIDUALS WITH LIVED EXPERIENCE, CONTINUOUSLY-EVALUATE AND EXPLORE OPTIONS TO ENHANCE THE DELIVERY or SERVICES-FOR INDIVIDUALS WITH SERIOUS MENTAL ILLNESS, WHICH EFFORTS MAY-INCLUDE, BUT ARE NOT LIMITED TO:-(a) EXPANDING COMMUNITY-BASED SERVICE CAPACITY AND CARE-COORDINATION;-(b) IMPROVING TRANSITIONS OF CARE ACROSS SETTINGS;-(c) LEVERAGING FEDERAL AUTHORITIES, WAIVERS, AND FINANCING-MECHANISMS;-(d) ADVANCING INNOVATIVE SERVICE DELIVERY MODELS AND-VALUE-BASED PAYMENT APPROACHES; AND-( e) IDENTIFYING AND ADDRESSING GAPS IN ACCESS, QUALITY, AND-OUTCOMES.-PAGE 152-SENATE BILL 26-149-(3) THE STATE DEPARTMENT SHALL CONSIDER OPPORTUNITIES TO-ALIGN FINANCING, BENEFITS, AND SERVICE DELIVERY SYSTEMS TO BETTER-MEET THE NEEDS OF INDIVIDUALS WITH SERIOUS MENTAL ILLNESS, WITH THE-GOALS OF IMPROVING HEALTH OUTCOMES, REDUCING A VOIDABLE-UTILIZATION OF HIGH-COST SERVICES, AND SUPPORTING INDIVIDUALS TO-LIVE IN THE LEAST RESTRICTIVE SETTING APPROPRIATE TO MEET THE-INDIVIDUAL'S NEEDS.-(4) THE STATE DEPARTMENT MAY ADOPT RULES AS NECESSARY TO-IMPLEMENT THIS SECTION.-( 5) THIS SECTION DOES NOT CREATE AN ENTITLEMENT TO A SPECIFIC-SERVICE Oil LEVEL OF CARE.-SECTION 24. In Colorado Revised Statutes, 25.5-10-216, amend-(7) as follows:-25.5-10-216. Imposition of legal disability - removal of legal-right.-(7) A person shall not be admitted to a regional center, as defined-in section 27-10.5-102, C.R.S., without a court order issued pursuant to this-section except in an emergency' IF THE PERSON MEETS THE CRITERIA FOR AN-ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION 16-8.5-118, or-for the purpose of temporary respite care.-SECTION 25. In Colorado Revised Statutes, 27-10.5-110, amend-(2) as follows:-27-10.5-110. Imposition of legal disability - removal of legal-right.-(2) A person shall not be admitted to a regional center without a-court order issued pursuant to section 25.5-10-216, C.R.S., except in an-emergency, IF THE PERSON MEETS THE CRITERIA FOR AN ENHANCED-PROTECTIVE PLACEMENT PURSUANT TO SECTION 16-8.5-118, or for the-purpose of temporary respite care.-SECTION 26. In Colorado Revised Statutes, 27-94-101.5, add (2)-as follows:-PAGE 153-SENATE BILL 26-149-27-94-101.5. Definitions.-As used in this article 94, unless the context otherwise requires:-(2) "DEPARTMENT" MEANS THE DEPARTMENT OF HUMAN SERVICES.-SECTION 27. In Colorado Revised Statutes, add 27-94-108 as-follows:-27-94-108. Construction and operation of an outpatient-treatment facility.-(1) NO LATER THAN OCTOBER 1, 2027, THE DEPARTMENT SHALL-CONSTRUCT AND OPERATE AN OUTPATIENT TREATMENT FACILITY FOR-ADULTS WITH BEHAVIORAL HEALTH NEEDS, INCLUDING ADULTS WHO ARE-FOUND INCOMPETENT TO PROCEED AND UNLIKELY TO BE RESTORED TO-COMPETENCY PURSUANT TO ARTICLE 8.5 OF TITLE 16.-(2) A PERSON MAY BE REFERRED TO THE OUTPATIENT TREATMENT-FACILITY BY A COURT CONDUCTING A COMPETENCY PROCEEDING PURSUANT-TO ARTICLE 8.5 OF TITLE 16, BY THE BRIDGES WRAPAROUND CARE PROGRAM-ESTABLISHED IN ARTICLE 8.6 OF TITLE 16, OR BY ANY OTHER PROGRAM OR-FACILITY WITHIN THE DEPARTMENT, INCLUDING PROGRAMS OPERATED-THROUGH CONTRACTS WITH THE DEPARTMENT. A PERSON SHALL NOT BE-REFERRED TO THE OUTPATIENT TREATMENT FACILITY FROM ANY SOURCE-OUTSIDE OF COMPETENCY-RELATED PROCEEDINGS, THE BRIDGES-WRAPAROUND CARE PROGRAM, OR THE DEPARTMENT.-(3) AT A MINIMUM, THE DEPARTMENT SHALL ENSURE THAT THE-OUTPATIENT TREATMENT FACILITY OFFERS MENTAL HEALTH THERAPY,-MEDICATION MANAGEMENT SERVICES, AND CASE MANAGEMENT SERVICES.-THE DEPARTMENT MAY OFFER OUTPATIENT TREATMENT SERVICES AS-COMMUNITY-BASED SERVICES, AS TELEHEALTH SERVICES, OR IN-PERSON AT-THE OUTPATIENT TREATMENT FACILITY.-(4) THE DEPARTMENT MAY OPEN AND OPERATE ADDITIONAL-OUTPATIENT TREATMENT FACILITIES OR CONTRACT WITH OTHER ENTITIES AT-THE DEPARTMENT'S DISCRETION, SUBJECT TO ADDITIONAL APPROPRIATIONS.-THE DEPARTMENT MAY HOLD ALL CIVIL CERTIFICATIONS AT A SINGLE-LOCATION AND CONTRACTORS AND OTHER DEPARTMENT TREATMENT-PAGE 154-SENATE BILL 26-149-FACILITIES MAY PROVIDE SERVICES TO SUPPORT THE CIVIL CERTIFICATIONS.-SECTION 28. In Colorado Revised Statutes, 13-94-105, add (1.6)-as follows:-13-94-105. Office of public guardianship - director - duties --memorandum of understanding - annual report - repeal.-( 1.6) THE OFFICE MAY ESTABLISH, MAINTAIN, AND ADJUST STAFFING-LEVELS, INCLUDING GUARDIANS, CASE AIDES, AND ADMINISTRATIVE-SUPPORT, AS NECESSARY TO:-(a) SCREEN AND ACCEPT REFERRALS ARISING FROM COMPETENCY-PROCEEDINGS UNDER ARTICLE 8.5 OF TITLE 16;-(b) PROVIDE EMERGENCY PUBLIC GUARDIANSHIP SERVICES-PURSUANT TO SECTION 15-14-312 ( 6), ARTICLE 8.5 OF TITLE 16, ARTICLE 10-OF TITLE 25.5, AND ARTICLE 65 Of TITLE 27 FOR INDIGENT INDIVIDUALS-FOUND INCOMPETENT TO PROCEED;-( C) IDENTIFY AND SUPPORT TIMELY TRANSITIONS TO CIVIL-PLACEMENT, TREATMENT, AND SERVICES IN ORDER TO PREVENT-Ul\'NECESSARY INCARCERATION OR HOSPITALIZATION; AND-(d) SUPPORT LONG-TERM GUARDIANSHIP SERVICES WHEN-NECESSARY.-SECTION 29. In Colorado Revised Statutes, 15-14-312, add (6) as-follows:-15-14-312. Emergency guardian.-(6) IN ADDITION TO A COURT WITH JURISDICTION TO HEAR-PROCEEDINGS PURSUANT TO THIS TITLE 15, A CRIMINAL COURT OR ANOTHER-COURT WITH JURISDICTION MAY APPOINT AN EMERGENCY GUARDIAN AS-AUTHORIZED PURSUANT TO SECTION 16-8.5-117 OR 16-8.5-118, OR A CIVIL-COURT SUPERVISING A CIVIL COMMITMENT PURSUANT TO SECTION 27-65-201-OR AN ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION-25 .5-10-507 MAY APPOINT AN EMERGENCY GUARDIAN.-PAGE 155-SENATE BILL 26-149-SECTION 30. In Colorado Revised Statutes, 24-4.1-302, add-(2)(q.1), (2)(q.2), and (2)(q.3) as follows:-24-4.1-302. Definitions.-As used in this part 3, and for no other purpose, including the-expansion of the rights of any defendant:-(2) "Critical stages" means the following stages of the criminal-justice process:-(q.1) A TRIAL FOR CIVIL COMMITMENT OR ENHANCED PROTECTIVE-PLACEMENT PURSUANT TO SECTION 16-8.5-118;-(q.2) AHEARINGTOTERMINATEACIVILCOMMITMENTPURSUANTTO-SECTION 27-65-202 OR AN ENHANCED PROTECTIVE PLACEMENT PURSUANT-TO SECTION 25.5-10-508;-(q.3) THE TRANSFER, RELEASE, OR ESCAPE OF A PERSON OR THE-PLACEMENT OF A PERSON INTO A COMMUNITY-BASED SETTING OUTSIDE OF-INPATIENT CARE AT THE DISCRETION OF CDHS, AS DEFINED IN SECTION-16-8.5-101, WHEN THE PERSON IS UNDER A CIVIL COMMITMENT PURSUANT-TO SECTION 27-65-201 OR AN ENHANCED PROTECTIVE PLACEMENT UNDER-COURT SUPERVISION PURSUANT TO SEc'fION 25.5-10-507 WHEN THE-CRIMINAL CASE INITIATING THE CIVIL COMMITMENT OR ENHANCED-PROTECTIVE PLACEMENT INVOLVED A VICTIM.-SECTION 31. In Colorado Revised Statutes, 24-4.1-302.5, amend-(l)(b); and add (l)G.6) as follows:-24-4.1-302.5. Rights afforded to victims - definitions.-(1) In order to preserve and protect a victim's rights to justice and-due process, each victim of a crime has the following rights:-(b) The right to be informed of and be present by appearing in-person, by phone, virtually by audio or video, or similar technology for all-critical stages of the criminal justice process as specified in section-24-4.1-302 (2); except that the victim shall have the right to be informed of,-without being present for, the critical stages described in section 24-4.1-302-PAGE 156-SENATE BILL 26-149-(2)( a), (2)( a.5), (2)( a. 7), (2)( e.5), (2)(k.3 ), (2)(n), (2 )(p )~ (2)( q), (2)(q.3),-(2)(r), and (2)(u);-G .6) THE RIGHT TO BE INFORMED OF ANY REQUEST FOR CHANGES TO-MA 7ERIAL TERMS OF A CIVIL COMMITMENT PURSUANT TO SECTION 27-65-201-OR ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION 25. 5-10-507-ON BEHALF OF A PERSON IN A CIVIL COMMITMENT OR PROTECTIVE-PLACEMENT IN A CRIMINAL CASE INVOLVING THE VICTIM, AND THE RIGHT TO-BE PRESENT BY APPEARING IN PERSON, BY PHONE, OR VIRTUALLY BY VIDEO-OR AUDIO, OR SIMILAR TECHNOLOGY, AND HEARD AT ANY HEARING DURING-WHICH A COURT CONSIDERS THE REQUEST. AS USED IN THIS SUBSECTION-(l)Q.6), "REQUEST FOR CHANGES TO MATERIAL TERMS" INCLUDES ANY-REQUEST TO BE RELEASED FROM AN INPATIENT SETTING TO AN OUTPATIENT-SETTING OR TO BE MOVED INTO A COMMUNITY-BASED SETTING OUTSIDE OF-INPATIENT CARE AT THE DISCRETION OF CDHS, AS DEFINED IN SECTION-16-8.5-101.-SECTION 32. In Colorado Revised Statutes, 24-4.1-303, add-(l l)(b.8), (l l)(b.9), (14.6), and (14.8) as follows:-24-4.1-303. Procedures for ensuring rights of victims of crimes.-( 11) The district attorney shall inform a victim of the following:-(b.8) ANY CRITICAL STAGE DESCRIBED IN SECTION 24-4.1-302-(2)(q.1), (2)(q.2), AND (2)(q.3);-(b.9) ANY INFORMATION RECEIVED PURSUANT TO SUBSECTION ( 14.8)-OF THIS SECTION.-(14.6) ANY FACILITY OR PROVIDER THAT HAS THE CARE AND-PHYSICAL CUSTODY OF A RESPONDENT IN AN INPATIENT SETTING PURSUANT-TO A CIVIL COMMITMENT OR AN ENHANCED PROTECTIVE PLACEMENT-PURSUANT TO SECTION 16-8.5-118 OR SUPERVISION OF A CIVIL COMMITMENT-PURSUANT TO SECTION 27-65-201 OR ENHANCED PROTECTIVE PLACEMENT-PURSUANTTOSECTION25.5-10-507THATRESULTEDFROMACRIMINALCASE-INVOLVING A VICTIM SHALL NOTIFY THE APPLICABLE COUNTY ATTORNEY OF-THE FOLLOWING:-(a) THE INSTITUTION IN WHICH THE PERSON RESIDES;-PAGE 157-SENATE BILL 26-149-(b) ANY RELEASE OF THE PERSON ON FURLOUGH OR OTHER-PROGRAM, IN ADVANCE OF THE RELEASE;-( c) A NY OTHER TRANSFER OR RELEASE FROM AN INPATIENT SETTING;-( d) ANY ESCAPE BY THE PERSON AND ANY SUBSEQUENT RECAPTURE-OF THE PERSON; AND-( e) THE DEA TH OF THE PERSON WHILE IN CUSTODY OR WHILE UNDER-THE JURISDICTION OF THE STATE.-(14.8) THE COUNTY ATTORNEY SHALL INFORM THE DISTRICT-ATTORNEY THAT SOUGHT CIVIL COMMITMENT OR ENHANCED PROTECTIVE-PLACEMENT PURSUANT TO SECTION 16-8.5-118 OF THE FOLLOWING:-(a) ANY CRITICAL ST AGE DESCRIBED IN SECTION 24-4.1-302 (2)(q. l ),-(2)(q.2), AND (2)(q.3);-(b) ANY REQUEST FOR CHANGES TO MATERIAL TERMS OF A CIVIL-COMMITMENT DESCRIBED IN SECTION 24-4.1-302.5 ( 1 )Q.6); AND-(c) ANY INFORMATION RECEIVED PURSUANT TO SUBSECTION (14.6)-OF THIS SECTION FROM A FACILITY OR A PROVIDER WHO HAS THE CARE AND-PHYSICAL CUSTODY OF A RESPONDENT IN AN INPATIENT SETTING PURSUANT-TO A CIVIL COMMITMENT SUPERVISED PURSUANT TO SECTION 27-65-201 OR-AN ENHANCED PROTECTIVE PLACEMENT SUPERVISED PURSUANT TO SECTION-25.5-10-507.-SECTION 33. In Colorado Revised Statutes, 13-5-142, amend-(l)(c) and (3)(b)(III) as follows:-13-5-142. National instant criminal background check system --reporting.-( 1) On and after March 20, 2013, the state court administrator shall-send electronically the following infonnation to the Colorado bureau of-investigation created pursuant to section 24-33.5-401, referred to in this-section as the "bureau":-( c) The name of each person with respect to whom the court has-PAGE 158-SENATE BILL 26-149-entered an order for in\loluntary certification for short-term treatment of a-mental health disorder pursuant to section 27-65-108.5 or 27-65-109-SECTION 27-65-108.5, 27-65-109, O!l27-65-l 09.5, for extended certification-for treatment of a mental health disorder pursuant to section 27-65-109 ( 10),-or for long-term care and treatment of a mental health disorder pursuant to-section 27-65-110.-(3) The state court administrator shall take all necessar; steps to-cancel a record made by the state court administrator in the national instant-criminal background check system if:-(b) No less than three years before the date of the written request:-(III) The record in the case was sealed pursuant to section 27-65-109-ff) SECTION 27-65-123 (7) OR25.5-10-515 (4), or the court entered an order-discharging the person from certification in the nature of habeas corpus-pursuant to section 27-65-115, if the record in the national instant criminal-background check system is based on a court order for involuntary-certification for short-term treatment of a mental health disorder.-SECTION 34. In Colorado Revised Statutes, 13-5-142.5, amend-(2)(a)(lII) as follows:-13-5-142.5. National instant criminal background check system-- judicial process for awarding relief from federal proMbitions --legislative declaration.-(2) Eligibility. A person may petition for relief pursuant to this-section if:-(a) (III) The court has entered an order for the person's in\loluntary-certification for short-term treatment of a mental health disorder pursuant-to section 27-65-108.5 01 27-65-HW SECTION 27-65-108.5, 27-65-109, OR-27-65-109 .5, for extended certification for treatment of a mental health-disorder pursuant to section 27-65-109 (10), or for long-term care and-treatment of a mental health disorder pursuant to section 27-65-11 O; and-SECTION 35. In Colorado Revised Statutes, amend 13-5-142.8 as-follows:-PAGE 159-SENA TE BILL 26-149-13-5-142.8. Notice by professional persons.-Under sections 13-9-123 (1), 13-9-124 (2), 13-5-142 (1), and-13-5-142.5 (2), an order for involuntary certification for short-term-treatment of a mental health disorder pursuant to section 27-65-108.5 or-27-65-109 SECTION 27-65-108.5, 27-65-109, OR 27-65-109 .5 must also-include a notice filed by a professional person pursuant to section-27-65-108.5 ot 27-65-109 SECTION 27-65-108.5, 27-65-109, OR-27-65-109.5, and an order for extended certification for treatment of a-mental health disorder pursuant to section 27-65-109 (10) must also include-a notice filed by a professional person pursuant to section 27-65-109 ( 10).-SECTION 36. In Colorado Revised Statutes, 13-9-123: amend-(l)(c) and (3)(b)(III) as follows:-13-9-123. National instant criminal background check system --reporting.-(1) On and after March 20, 2013, the state court administrator shall-send electronically the following information to the Colorado bureau of-investigation created pursuant to section 24-33.5-401, referred to in this-section as the "bureau":-( c) The name of each person with respect to whom the court has-entered an order for involuntary certification for short-term treatment of a-mental health disorder pursuant to section 27-65-108.5 m 27-65-109-SECTION 27-65--108.5, 27-65-109, OR27-65-109.5, for extended certification-for treatment of a mental health disorder pursuant to section 27-65-109 ( 10),-or for long-term care and treatment of a mental health disorder pursuant to-section 27-65-110.-(3) The state court administrator shall take all necessary steps to-cancel a record made by the state court administrator in the national instant-criminal background check system if:-(b) No less than three years before the date of the written request:-(III) The record in the case was sealed pursuant to section 27-65-109-ff} SECTION 27-65-123 (7), or the court entered an order discharging the-person from certification in the nature of habeas corpus pursuant to section-PAGE 160-SENATE BILL 26-149-27-65-115, if the record in the national instant criminal background check-system is based on a court order for involuntary certification for short-term-treatment of a mental health disorder.-SECTION 37. In Colorado Revised Statutes, 13-9-124, amend-(2)(a)(III) as follows:-13-9-124. National instant criminal background check system --judicial process for awarding relief from federal prohibitions --legislative declaration.-(2) Eligibility. A person may petition for relief pursuant to this-section if:-(a) (III) The court has entered an order for the person's involuntary-certification for short-term treatment of a mental health disorder pursuant-to section 27-65-108.5 OI 27-65-109 SECTION 27-65-108.5, 27-65-109, OR-27-65-109.5, for extended certification for treatment of a mental health-disorder pursuant to section 27-65-109 (10), or for long-term care and-treatment of a mental health disorder pursuant to section 27-65-110; and-SECTION 38. In Colorado Revised Statutes, 15-18.7-202, amend-(7) as follows:-15-18.7-202. Behavioral health orders for scope of treatment --form contents - effect.-(7) Nothing in this part 2 means that an adult who has executed a-behavioral health orders f01m has consented to a petition for involuntary-administration of medication authority pursuant to section 27-65-113 (5)-SECTION 27-65-113 (3).-SECTION 39. In Colorado Revised Statutes, 16-5-401, amend-(2.5)(b) as follows:-16-5-401. Limitation for commencing criminal proceedings, civil-infraction proceedings, and juvenile delinquency proceedings --definitions.-(2.5) (b) The time limitations imposed by this section are tolled-PAGE 161-SENATE BILL 26-149-beginning when a defendant's case is dismissed without prejudice for the-purpose of facilitating certification for short-term treatment pursuant to-section 16-8.5-111 (3) SECTION 16-8.5-109 until either the defendant's-criminal case is refiled or six months has passed since the case was-dismissed, whichever is earlier.-SECTION 40. In Colorado Revised Statutes, 16-8.6-103, amend-(2)(b) as follows:-16-8.6-103. Bridges wraparound care program - established.-(2) The purpose of the bridges wraparound care program is to:-(b) Serve eligible individuals whose cases have been dismissed-pursuant to section 16-8.5-111 (1.6) SECTION 16-8.5-109 (4) but who are-voluntarily willing to participate in the bridges wraparound care program;-SECTION 41. In Colorado Revised Statutes, 16-10-404, amend-(l)(b) as folJows:-16-10-404. Use of a court facility dog - definitions.-(1) As used in this section, unless the context otherwise requires:-(b) °Criminal proceeding" or "criminal proceedings" has the same-meaning as set forth in section 16-8.5-101. t8}:-SECTION 42. In Colorado Revised Statutes, amend 16-18-101, as-follows:-16-18-101. Costs in criminal cases.-(1) THE STATE SHALL PAY the costs in OF criminal cases shatl--bc-paid by the state pursuant to section 13-3-104 C.R.S., when IF the defendant-is acquitted or when IF the defendant is convicted and the court determines-he THE DEFENDANT is unable to pay them THE COSTS.-(2) The costs of preliminary hearings, including any reporters'-transcripts thereof ordered by a defendant, shalt MUST be paid pursuant to-subsection (1) of this section. UNLESS OTHER WISE ORDERED BY THE COURT,-PAGE 162-SENATE BILL 26-149-THE PROSECUTION SHALL PA y FOR reporters' transcripts of preliminary-hearings which THAT are ordered by the prosecution. shall be paid for by tl ce-prosecution, tmles., other wise m dered by the court.-(3) The department of corrections, from annual appropriations made-by the general assembly, shall reimburse the county or counties in a judicial-district for the costs of prosecuting any crime alleged to have been-committed by a person in the custody of the department. The county or-counties shall ce1tify these THE costs to the department, and upon approval-of the executive director of the department, the DEPARTMENT SHALL PAY-THE costs. shall be paid. The provisions of This subsection (3) shall apply-APPLIES to costs that are not otherwise paid by the state.-( 4) THE STA TE SHALL PAY THE COSTS OF A CIVIL COMMITMENT TRIAL-AND ENHANCED PROTECTIVE PLACEMENT TRIAL CONDUCTED PURSUANT TO-SECTION 16-8.5-118, THE COSTS OF INITIATING A SHORT-TERM-CERTIFICATIONPURSUANTTOARTICLE65 OFTITLE27,ANDTHECOSTSOF AN-INDEPENDENT EXAMINATION AND TERMINATION HEARING CONDUCTED-PURSUANT TO SECTION 27-65-202 OR 25.5-10-508, INCLUDING ANY-REPORTERS' TRANSCRIPTS ORDERED BY A DEFENDANT. UNLESS OTHERWISE-ORDERED BY THE COURT, THE PROSECUTION SHALL PAY FOR REPORTERS'-TRANSCRIPTS OF PRELIMINARY HEARINGS THAT ARE ORDERED BY THE-PROSECUTION. ·-SECTION 43. In Colorado Revised Statutes, 17-22.5-403.5, amend-(4)(f) as follows:-17-22.5-403.5. Special needs parole.-( 4) ( f) If, prior to or during any parole revocation hearing, including-hearings for offenders granted parole pursuant to subsection (5) of this-section, the department or a member of the parole board has a substantial-and good faith reason to believe that the offender is incompetent to proceed,-as defined in section 16-8.5-101, tffl; the parole board shall suspend all-proceedings and notify the public defender liaison described in section-21-1-104 ( 6). THE COURT SHALL APPOINT the office of state public defender-shall be appointed by the court to represent the inmate, and THE OFFICE OF-ST ATE PUBLIC DEFENDER shall file a written motion with the trial court that-imposed the sentence to determine competency. The motion must contain-a certificate of counsel stating that the motion is based on a good faith belief-PAGE 163-SENATE BILL 26-149-that the inmate is incompetent to proceed. The motion must set forth the-specific facts that have formed the basis for the motion. The com1 shall seal-the motion. The court shall follow all the relevant procedures in article 8.5-of title 16 regarding the determination of competency. The presence of the-inmate is not required unless there is good cause shown .-. SECTION 44. In Colorado Revised Statutes, 17-26-118, amend-(3)(i) as follows:-17-26-118. Criminal justice data collection - definitions.-(3) The keeper of each jail facility shall keep and maintain a daily-record of the following data:-(i) The number of confined inmates awa1tmg a competency-evaluation, as-defined in section 16-8.5-101 (2t, a competency hearing, as-defined in section 16-8.5-101 (4t, or a restoration hearing, as THOSE TERMS-ARE defined in section 16-8.5-101; (-l-9-r,-SECTION 45. In Colorado Revised Statutes, 20-1-111, amend-(4)(c) as follows:-20-1-111. District attorneys may cooperate or contract- contents-- appropriation.-(4) (c) FOR STATE FISCAL YEAR 2026-27, AND FOR EACH STATE-FISCAL YEAR THEREAFTER, the general assembly shall make -an-appropriation APPROPRIATE ONE HUNDRED FIFTY THOUSAND DOLLARS to the-department of law fut state-fiscal yea1 2019-20 for allocation to the-statewide organization representing district attorneys for the public purpose-of providing prosecution training SEMINARS, CONTINUING EDUCATION-PROGRAMS, AND OTHER PROSECUTION-RELATED SERVICES ON BEHALF OF-DISTRICT ATTORNEYS WHO ARE l'v1EMBERS OF THE ORGANIZATION,-INCLUDING, BUT NOT LIMITED TO, COSTS AND EXPENSES FOR PERSONNEL,-ADMINISTRATION, MATERIALS, AND TRAVEL, concerning ANY ISSUES-RELATED TO determinations of competency to proceed for juveniles and-adults, competency evaluation reports, services to restore competency, CIVIL-COMMITMENTS, PROTECTIVE PLACEMENTS, ENHANCED PROTECTIVE-PLACEMENTS, and certification proceedings governed by article 65 of title-27.-PAGE 164-SENATE BILL 26-149-SECTION 46. In ~olorado Revised Statutes, 22-31-129, amend (1)-introductory portion and (l)(g) as follows:-22-31-129. Vacancies.-( 1) .A school director office shall be IS deemed to be vacant upon the-occurrence of any one of the following events prior to the expiration of the-term of office:.- .-(g) If a court of competent jurisdiction determines that the person-duly elected or appointed is insane or otherwise mentally incompetent, but-only after the right to appeal has been waived or othenvise exhausted, and-a com1 enters, pursuant to part 3 or part 4 of article 14 of title 15 or section-27-65-109 (4) or 27-65-127, C.R:S: SECTION 27-65-110 (4) OR27-65-127,-an order specifically finding that the insanity or mental incompetency is of-such a degree that the person is incapable of serving as a school director;-SECTION 47. In Colorado Revised Statutes, 22-60.5-107, amend-(2)(a) as -follows:-• 22-60.5-107. Grounds for denying, annulling, suspending, or-revoking license, certificate, endorsement, or authorization --definitions.-(2) Any license, certificate, endorsement, or authorization may be-denied, annulled, suspended, or revoked in the manner prescribed in section-22-60.5-108, notwithstanding the provisions of subsection ( l) of this-section:-(a) When the holder has been determined to be mentally-incompetent by a court of competent jurisdiction and a court has entered,-pursuant to part 3 or part 4 of article 14 of title 15 or section~-or 27-65-127, C.R.S. SECTION 27-65-110 (4) OR 27-65-127, an order-specifically finding that the mental incompetency is of such a degree that-the holder is incapable of continuing to perform his or her THEIR job; except-that the license, certificate, endorsement, or authorization held by a person-who has been detennined to be mentally incompetent and for whom such-an order has been entered shaft MUST be revoked or suspended by operation-of law without a hearing, notwithstanding the provisions of section-22-60.5-108;-PAGE 165-SENA TE BILL 26-149-SECTION 48. In Colorado Revised Statutes, 24-72-705, amend-(l)(g) as follows:-24-72-705. Sealing criminal justice records other than-convictions - simplified pro"e~s - applicability.-( 1) (g) Charges that are dismissed pursuant to section 16-8.5-116-SECTION 16-8.5-109 (4), 16-8.5-113, OR 16-8.5-116 are not eligible for-sealing.-SECTION 49. In Colorado Revised Statutes, 24-75-111, add (7) as-follows:-24-75-111. Additional authority for controller to allow-expenditures in excess of appropriGtions - limitations - appropriations-for subsequent fiscal year restricted.-(7)(a) INADDITIONTOANYOVEREXPENDITUREALLOWEDPURSUANT-TO SECTION 24-7 5-109, THE CONTROLLER MAY ALLOW THE DEPARTMENT OF-HUMAN SERVICES TO MAKE AN EXPENDITURE IN EXCESS OF THE AMOUNT-AUTHORJZEDBYAN ITEMOFAPPROPRIATIONFORSUCHAFISCAL YEARIFTHE-EXPENDITURE IS FOR PERSONS FOUND INCOMPETENT TO PROCEED WHO ARE-PLACED OR MAY BE PLACED UNDER A CIVIL COMMITMENT OR ENHANCED-PROTECTIVE PLACEMENT AND:-(I) THE OVEREXPENDITURE IS NECESSARY DUE TO UNFORESEEN-CIRCUMSTANCES ARISING WHILE THE GENERAL ASSEMBLY IS NOT MEETING-IN REGULAR OR SPECIAL SESSION DURING WHICH SUCH OVEREXPENDITURE-CAN BE LEGISLATIVELY ADDRESSED;-(II) THE REQUEST FOR THE OVEREXPENDITURE HAS BEEN SUBMITTED-TO THE OFFICE OF ST A TE PLANNING AND BUDGETING FOR APPROV ALAND THE-OFFICE OF ST ATE PLANNING AND BUDGETING HAS APPROVED THE-OVEREXPENDITURE, IN WHOLE OR IN PART;-(III) THE REQUEST FOR THE OVEREXPENDITURE HAS BEEN-SUBMITTED TO THE JOINT BUDGET COMMITfEE OF THE GENERAL ASSEMBLY-FOR APPROVAL; AND-(IV) THE REQUEST FOR THE OVEREXPENDITURE HAS BEEN APPROVED,-PAGE 166-SENATE BILL 26-149-IN WHOLE OR IN PART, BY A MAJORITY VOTE OF THE MEMBERS OF THE JOINT-BUDGET COMMITTEE WITHIN TWO WEEKS AFTER RECEIVING THE REQUEST-FROM THE OFFICE OF STATE PLANNING AND BUDGETING AND THE-CONTROLLER HAS RECEIVED WRITTEN CONFIRMATION OF THE APPROVAL-FROM THE JOINT BUDGET COMMITTEE.-(b) THE JOINT BUDGET COMMITTEE SHALL NOTIFY THE COLORADO-DISTRICT ATTORNEYS' COUNCILANDTHEOFFICEOF STATE PUBLIC DEFENDER-OF THE OUTCOME OF THE JOINT BUDGET COMMITTEE'S VOTE.-(c) IFTHEREQUESTFOROVEREXPENDITUREISNOT APPROVEDBYTHE-JOINT BUDGET COMMITTEE, THE DEPARTMENT OF HUMAN SERVICES SHALL-CONVENE A MEETING WITH THE DISTRICT ATTORNEYS' COUNCIL, THE OFFICE-OF· STATE PUBLIC DEFENDER, AND ANY OTHER RELEVANT PARTIES TO-DISCUSS WHAT ACTIONS THE DEPARTMENT OF HUMAN SERVICES AND OTHER-AGENCIES MAY TAKE.-SECTION 50. In Colorado Revised Statutes, 26-1-107, amend-(6)(h) as follows:-26-1-107. State board of human services - reimbursement for-expenses - rules.-(6) The state board shall:-(h) Adopt rules concerning standards for the level of training,-education, and experience that a psychiatrist or psychologist shall have to-MUST be qualified IN ORDER to perform competency evaluations in criminal-cases pursuant to section 16-8-106 and article 8.5 of title 16, C.R.S., and-standards for conducting and reporting competency evaluations in criminal-cases. Prior-to adopting the mies, the state board shall consider-reeomtnendations ftmn the competency evc1luation advisory board created-in section 16-8.5-119, C.R.S.-SECTION 51. In Colorado Revised Statutes, 27-60-105, amend (2)-and (6) as follows:-27-60-105. Outpatient restoration to competency services --jail-based behavioral health services - responsible entity - duties --report - legislative declaration.-PAGE 167-SENATE BILL 26-149-(2) The state department serves as a central organizing structure and-responsible entity for the provision of competency restoration education-services and coordination of competency restoration services ordered by the-court pursuant to seetro11 16-8.5-111 (2) SECTION 16-8.5-110 (1) or-19-2.5-704 (2), and the behavioral health administration serves as the-central organizing structure and responsible entity for jail-based behavioral-health services pursuant to section 27-60-106.-( 6) In addition to subsection ( 4) of this section and subject to-available appropriations, the state department shall require any county jail-to assist in the provision of interim mental health services for individuals-who have been court-ordered for inpatient competency restoration and ,;vho-are waiting admission for an inpatient bed. This section does not toll or-otherwise modify the time frames for the state department to offer inpatient-admission pursuant to the provisions of section 16-8.5-111 SECTION-16-8.5-110.-SECTION 52. In Colorado Revised Statutes, 27-71-103, amend-(2)(c)(II) as follows:-27-71-103. Mental health residential facilities - additional beds.-(2) (c) The state department, in collaboration with the behavioral-health administration and the department of health care policy and-financing, shall establish criteria for admissions and discharge planning,-quality assurance monitoring, appropriate length of stay, and compliance-with applicable federal law. For the mental health residential facilities-created pursuant to this section, admission criteria for facilities must-include:-(II) For treatment beds that do not serve individuals covered under-a home- and community-based waiver, offering priority placement to-individuals under a certification for short-tenn or extended short-term-treatmentpursuanttosection27-65-107 or 27-65-108 SECTION27-65-108.5,-27-65-109, OR 27-65-109.5, and long-term care and treatment pursuant to-section 27-~9 SECTION 27-65-110 on an outpatient basis.-SECTION 53. In Colorado Revised Statutes, 27-94-107, amend (2)-as follows:-PAGE 168-SENATE BILL 26-149-27-94-107. Renovation for additional beds.-(2) Initially, the beds may be used for persons needing competency-services. When the wait list for INPATIENT competency RESTORATION-services provided pursuant to section 16-=·8:5-=ttt FOR DEFENDANTS NOT-ADMITTED WITHIN THE TIME LIMITS SET FORTH IN SECTION 16-8.5-110-(3)(a)(II) OR (3)(a)(III) is eliminated or trending so that it can be reasonably-expected to be eliminated within one year, the department of human-services shall implement a plan to transition the beds created in subsection-( 1) of this section to serve civil patients and immediately notify the joint-budget committee of the general assembly. Within one year after the-notification to the joint budget committee, all beds created pursuant to-subsection (1) of this section must serve civil patients.-SECTION 54. In Colorado Revised Statutes, 24-75-302, amend-(2)(uu) and (2)(w); and add (2)(xx) as follows:-24-75-302. Capital construction fund - capital assessment fees --calculation - information technology capital account - repeal.-(2) The controller shall transfer a sum as specified in this subsection-(2) from the general fund to the capital construction fund as money becomes-available in the general fund during the fiscal year beginning on July 1 of-the fiscal year in which the transfer is made or on the date otherwise-specified for the transfer. Transfers between funds pursuant to this-subsection (2) are not appropriations subject to the limitations of section-24-75-201.1. The amounts transferred pursuant to this subsection (2) are as-follows:-(uu) On July 1, 2024, one hundred sixty-two million seven hundred-seventy-eight thousand two hundred eighty-five dollars; attti-(vv) On July 1, 2025, one hundred twenty-nine million four hundred-ninety-eight thousand thirty-three dollars; AND-(xx) THREE DAYS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION-(2)(xx), FOUR MILLION SEVEN HUNDRED SEVENTY-SEVEN THOUSAND EIGHT-HUNDRED NINETY-EIGHT DOLLARS.-SECTION 55. Appropriation. (1) For the 2025-26 st,.te fiscal year,-PAGE 169-SENATE BILL 26-149-..-'-$535,934 is appropriated to the department of human services. This-appropriation is from the general fund. To implem.:!nt this act, the-department may use this appropriation c).S follows:-(a) $485,934 for the Wheat Ridge regio:ial center intetmediate care-facility; and-(b) $50,000 for skilled nursing contracted beds.-SECTION 56. Capital construction appropriation. For the-2025-26 state fiscal year, $3,577,898 is appropriated to the department of-human services for use by office of civil and forensic mental health. This-appropriation is from the capital construction fund created in section-24-75-302 (l)(a), C.R.S. To implement this act, the office may use this-appropriation for capital construction related to the renovation of a unit at-the Cclorado mental health hospital in Pueblo to create enhanced protective-placements for people with intellectual and developmental disabilities. Any-money appropriated in this section not expended prior to July 1, 2026, is-further appropriated to the department from July 1, 2026, through June 30,-2029, for the same purpose.-SECTION 57. Capital construction appropriation. For the-2025-26 state fiscal year, $1,200,000 is appropriated to the department of-human services for use by office of civil and forensic mental health. This-appropriation is from the capital construction fund created in section-24-75-302 (l)(a), C.R.S. To implement this act, the office may use this-appropriation for capital construction related to the development of an-outpatient clinic pursuant to section 27-94-108 (1), C.R.S. Any money-appropriated in this section not expended prior to July 1, 2026, is further-appropriated to the department from July I, 2026, through June 30~ 2028,-for the same purpose.-SECTION 58. Appropriation. (1) For the 2026-27 state fiscal-year, $3,682,028 is appropriated to the judicial department. This-appropriation is from the general fund. To implement this act, the-department may use this appropriation as follows:-(a) $64,449 for use by supreme court and court of appeals for-appellate court programs, which amount is based on an assumption that the-division will require an additional 0.5 FTE;-PAGE 170-SENATE BILL 26-149-(b) $245,458 for use by state courts administration for general courts-administration, which amount is based on an assumption that the division-will require an additional 2.1 FTE;-( c) $1,113,744 for use by state courts administration for information-technology infrastructure;-( d) $103,600 for use by state courts administration for capital outlay;-(e) $310,800 for use by state courts administration for courthouse-infonnation technology capital outlay. which amount remains available for-expenditure through the close of the 2027-28 state fiscal year;-(t) $925,244 for use by trial courts for trial court programs, which-amount is based on an assumption that the division will require an-additional 8.4 FTE;-(g) $719,608 for use by trial courts for court cost, jury costs,-court-appointed counsel, and reimbursements for vacated convictions; and-(h) $199, 125 for use by trial comts for district attorney mandated-costs.-(2) For the 2026-27 state fiscal year, $26,296 is appropriated to the-judicial department for use by state courts administration. This-appropriation is from the judicial department information technology cash-fund created in section 13-32-114 (1), C.R.S. To implement this act, state-courts administration may use this appropriation for information technology-infrastructure.-(3) For the 2026-27 state fiscal year, $648,860 is appropriated to the-judicial department for use by the office of the state public defender. This-appropriation is from the general fund. To implement this act, the-department may use this appropriation as follows:-(a) $411,405 for personal services, which amount is based on an-assumption that the office will require an additional 4.5 FTE;-(b) $5,760 for operating expenses;-PAGE 171-SENATE BILL 26-149-( c) $28,000 for capital outlay;-( d) $570 for attorney registration;-( e) $4,000 for training; and-(t) $199,125 for mandated costs.-( 4) For the 2026-27 state fiscal year, $206,345 is appropriated to the-judicial department for use by the alternate defense counsel. This-appropriation is from the general fund. To implement this act, the-department may use this appropriation for conflict-of-interest contracts.-(5) For the 2026-27 state fiscal year, $513,808 is appropriated to the-judicial department for use by the office of public guardianship. This-appropriation is from the general fund and is based on an assumption that-the office will require an additional 5.5 FTE. To implement this act, the-office may use this appropriation for program costs.-(6) For the 2026-27 state fiscal year, $350,396 is appropriated to the-judicial department for use by the office of bridges of Colorado. This-appropriation is from the general fund. To implement this act, the office-may use this appropriation as follows:-(a) $310,154 for personal services , which amount is based on an-assumption that the office will request an additional 3.3 FTE; and-(b) $40,242 for operating expenses.-SECTION 59. Appropriation. ( 1) For the 2026-27 state fiscal-year, $133,795 is appropriated to the department of health care policy and-financing for use by the executive director's office. This appropriation is-from the general fund and is based on an assumption that the department-will require an additional 3.0 FTE. To implement this act, the department-may use this appropriation for personal services.-(2) For the 2026-27 state fiscal year, the general assembly-anticipates that the department of health care policy and financing will-receive $133,794 in federal funds for personal services to implement this-act. The appropriation in subsection ( 1) of this section is based on the-PAGE 172-SENATE BILL 26-149-assumption that the department will receive this amount of federal funds,-which is subject to the "(I)" notation as defined in the annual general-appropriation act for the same fiscal year.-SECTION 60. Appropriation. (1) For the 2026-27 state fiscal-year, $709,013 is appropriated to the department of health care policy and-financing. This appropriation is from the general fund, which is subject to-the "(M)" notation as defined in the annual general appropriation act for the-same fiscal year. To implement this act, the department may use this-appropriation for medical and long-term care services for medicaid eligible-individuals.-(2) For the 2026-27 state fiscal year, the general assembly-anticipates that the depa11ment of health care policy and financing will-receive $709,013 in federal funds for medical and long-term care services-for medicaid eligible individuals to implement this act. The appropriation-in subsection ( 1) of this section is based on the assumption that the-department will receive this amount of federal funds.-SECTION 61. Appropriation. For the 2026-27 state fiscal year-$17,507,393 is appropriated to the depaitmcnt of human services, which-amount is based on an assumption that the department will require an-additional 61.1 FTE. This appropriation is from the general fund. To-implement this act, the department may use this appropriation as follows:-Executive director's office-Health, life, and dental-Short-term disability-Paid family medical leave insurance-Unfunded liability amortization payments-Behavioral health administration-Program administration-Behavioral health safety net services-PAGE 173-SENATE BILL 26-149-$1,074,819-$3,169-$20,369-$452,633-$80,605 ( 1.0 FTE)-$260,000-Office of civil and forensic mental health-Mental health institute at Pueblo; personal-services-Court services-Purchased psychiatric bed capacity-Outpatient competency restoration-$168,984 (2.0 FTE)-$238,293 (4.0 FTE)-$5,234,880-program $169,811 (3.0 FTE)-Forensic services; competency navigation $835,898 (3.0 FTE)-Contracted civil services $6,264,514 (32.0 FTE)-Outpatient clinic $385,125 (3.0 FTE)-Office of adults, aging, and disability services-Wheat Ridge regional center intennediate-care facility $767,434 (7.0 FTE)-Pueblo regional center; cottage at-Pueblo $1,550,859 (9.1 FTE)-SECTION 62. Appropriation. (1) For the 2026-27 state fiscal-year, $242,323 is appropriated to the department of human services. This-appropriation is from the general fund. To implement this act, the-department may use this appropriation for the purchase of legal services.-(2) For the 2026-27 state fiscal year, $242,323 is appropriated to the-department oflaw. This appropriation is from reappropriated funds received-from the department of human services under subsection (1) of this section-and is based on an assumption that the department of law will require an-additional 1.0 FTE. To implement this act, the department of law may use-this appropriation to provide legal services for the department of human-services.-SECTION 63. Appropriation. (1) For the 2026-27 state fiscal-PAGE 174-SENATE BILL 26-149-year, $52,644 is appropriated to the department of human services. This-appropriation is from the general fund. To implement this act, the-department may use this appropriation for the purchase of information-technology services.-(2) For the 2026-27 state fiscal year, $52,644 is appropriated to the-office of the governor for use by the office ofinformation technology. This-appropriation is from reappropriated funds received from the department of-human services under subsection (1) of this section. To implement this act,-the office may use this appropriatior. to provide information technology-services for the department of human services.-SECTION 64. Appropriation. For the 2026-27 state fiscal year,-$150,000 is appropriated to the department of law. This appropriation is-from the general fund. To implement this act, the department may use this-appropriation for deputy district attorney training.-SECTION 65. Repeal of non relocated provisions in this act. In-Colorado Revised Statutes, repeal the following provisions that are not-relocated: 16-8.5-106 (2); 16-8.5-111 (3), (4), (5), and (6)(b); 16-8.5-113-(3) and (5); and 16-8.5-116.5 (1), (7), (8), (9), (10), and (12).-SECTION 66. Safety clause. The general assembly finds,-determines, and declares that this act is necessary for the immediate-preservation of the public peace, health, or safety or for appropriations for-PAGE 175-SENATE BILL 26-149-the support and maintenan~e of the departments of the state and state-institutions.-:1:-e~-James Rashad Coleman, Sr.-PRESIDENT OF-THE SENATE-Est van Mourik-SECRETARY OF-THE SENATE-~skie-SPEAKER OF THE HOUSE-OF REPRESENTATIVES-Van cillv .,-CHIEF CLERK OF THE HOUSE-OF REPRESENTATIVES-APPROVED o)') 1n vvsJ6'Ji tyj<X\I U s--l 2tJ14 0vi- \ \: 3(}\Vh-(D te and 'Time)-RADO-PAGE 176-SENATE BILL 26-149+SB149_L.088 Amendment No. ___________+SB26-149+HOUSE FLOOR AMENDMENT+Second Reading BY REPRESENTATIVE McCluskie+1 Amend reengrossed bill, page 61, strike lines 12 through 14 and+2 substitute:+3 "(I) A COMPETENCY EVALUATOR OR A PROFESSIONAL PERSON, AS+4 DEFINED IN SECTION 27-65-102, OR AN INTERVENING PROFESSIONAL, AS+5 DEFINED IN SECTION 27-65-102, WHO IS ACTING WITHIN THE SCOPE OF+6 THEIR AUTHORITY AND".+7 Page 62, line 9, strike "MAY," and substitute "MAY".+8 Page 62, strike lines 10 and 11 and substitute "ORDER THE COUNTY+9 ATTORNEY TO INITIATE A CIVIL PROCEEDING ONLY IF THE DISTRICT+10 ATTORNEY CONSENTS TO THE INITIATION OF A CIVIL PROCEEDING.".+11 Page 63, strike line 2 and substitute "25.5-10-216.".+12 Page 63, strike lines 24 through 26 and substitute:+13 "(b) A COMPETENCY EVALUATOR OR A PROFESSIONAL PERSON, AS+14 DEFINED IN SECTION 27-65-102, OR AN INTERVENING PROFESSIONAL, AS+15 DEFINED IN SECTION 27-65-102, WHO IS ACTING WITHIN THE SCOPE OF+16 THEIR AUTHORITY AND".+17 Page 68, line 15, strike "ACQUITTED." and substitute "ACQUITTED OR+18 CONVICTED.".+19 Page 70, line 24, strike "VOLUNTARILY" and substitute "VOLUNTARY".+20 Page 71, line 1, strike "IMPOSITION OF" and substitute "IMPOSE".+21 Page 94, strike line 15 through 19 and substitute:+22 "(I) A COURT FROM ORDERING AN EVALUATION AT THE JAIL WHEN+23 THE PERSON IS LAWFULLY CONFINED IN JAIL BECAUSE THE PERSON IS+24 CHARGED WITH OR CONVICTED OF A PENAL OFFENSE; OR".+25 Page 123, line 2, after "person" insert "WHO IS ORDERED COMMITTED+26 PURSUANT TO SECTION 16-8.5-118, OR IS BEING SUPERVISED IN A+27 COMMITMENT PURSUANT TO SECTION 27-65-201, OR IS".+** *** ** *** **+LLS: Shelby Ross x4510
Diffs are computed deterministically from extracted bill text and show additions, deletions, and section moves. Scanned-PDF text extracted via OCR is flagged where confidence is low; see methodology.