HB 23-1012 Colorado House · 2023 Regular Session

Juvenile Competency To Proceed

Summary
The act addresses issues related to a determination of juvenile competency to proceed (competency) and restoration of competency (restoration). The act allows: The district attorney, defense attorney, guardian ad litem, department of human services, a competency evaluator, a restoration treatment provider, and the court, without written consent of the juvenile or further order of the court, to access competency evaluations and restoration evaluations, including all second evaluations; information and documents related to competency evaluations; the competency evaluator, for the purpose of discussing the competency evaluation; and the providers of court-ordered restoration services for the purpose of discussing such services; Parties to exchange names, addresses, reports, and statements of physicians or psychologists who examined or treated the juvenile for competency; The court or any party to raise, at any time, the issue of a need for a restoration evaluation of the juvenile's competency; and A juvenile to be examined by a competency evaluator of the juvenile's own choice and to request a second evaluation in response to a court-ordered competency evaluation or a court-ordered restoration evaluation. If the court determines that the juvenile is incompetent to proceed and unlikely to be restored to competency in the reasonably foreseeable future, a time frame is set forth for the dismissal of charges based on the severity and type of charge. For the 2023-24 state fiscal year, $120,000 is appropriated to the judicial department from the general fund. The judicial department may use this appropriation for mandated costs for the office of the state public offender and the office of the alternate defense counsel. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 (Note: This summary applies to this bill as enacted.)
Bill status signed all 5 stages cleared
Introduction
Jan 2023
Committee Review
Apr 2023
House Passage
Mar 2023
Senate Passage
Apr 2023
Signed into Law
May 2023
Introduced Jan 9, 2023 Signed May 16, 2023
Floor votes · Senate Apr 21, 2023 · House Mar 20, 2023

How they voted

21–11
Passed · 2 other
Total votes 34
Apr 21, 2023
D Democratic22
20 Yea 2
90% Yea
R Republican12
1 Yea 11 Nay
91% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
14
Key actions
3
Committee
4
May 16, 2023
Signed into law
Governor Signed
Apr 21, 2023
Senate · Passed
Senate Third Reading Passed - No Amendments
Apr 18, 2023
Senate · Reported by committee
Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
Apr 10, 2023
Senate · Referred to committee
Senate Committee on Judiciary Refer Unamended to Appropriations
Mar 22, 2023
Senate · Introduced
Introduced In Senate - Assigned to Judiciary
Mar 20, 2023
House · Passed
House Third Reading Passed - No Amendments
Mar 17, 2023
House · Reported by committee
House Committee on Appropriations Refer Amended to House Committee of the Whole
Jan 24, 2023
House · Referred to committee
House Committee on Judiciary Refer Amended to Appropriations
Jan 9, 2023
House · Introduced
Introduced In House - Assigned to Judiciary
2 primary · 0 co-sponsors

Sponsors