SB 25-041 Colorado Senate · 2025 Regular Session

Competency in Criminal Justice System Services & Bail

Summary

The act requires the judicial department to develop a form for a court to use to notify the department of human services (DHS) of the court's specific findings when the court denies a personal recognizance bond and orders inpatient restoration services for a defendant who is in custody for a misdemeanor, petty offense, or traffic offense, and who the court determines is incompetent to proceed but there is a substantial probability that the defendant, with restoration services, will attain competency in the reasonably foreseeable future. The act makes changes to the processes related to competency evaluations, including changing the deadlines and processes for requesting second evaluations and changing the requirements for conducting restoration evaluations of juveniles. The act requires a court to vacate any existing order and not enter a new order directing DHS to conduct a competency evaluation or provide restoration services to a defendant if the defendant was accepted to participate in the bridges wraparound care program. The requirements and processes related to certifying a defendant for short-term treatment are updated, including changes to the requirements for a party to request an order initiating short-term treatment and the processes when a party requests a hearing. The act permits DHS to request that the court refer a matter for filing of a petition for short-term treatment if, in the process of coordinating outpatient restoration services for a defendant, DHS determines that the defendant meets the standard for a certification for short-term treatment. The court is required to set the following hearings upon the request of a party, if a final determination is made that the defendant is incompetent to proceed: A hearing following the court's receipt, prior to ordering restoration treatment, of a competency evaluator's report concluding that there is not a substantial probability that the defendant, with restoration services, will attain competency within the reasonably foreseeable future; and A hearing if, prior to ordering restoration treatment, a competency evaluator or other expert opines that the defendant's diagnosis likely includes a moderate to severe intellectual or developmental disability, acquired traumatic brain injury, or dementia, which, either alone or together with a co-occurring mental illness, affects the defendant's ability to gain or maintain competency. The court is required to make findings about whether there are reasonable grounds to believe a person meets the standard for a certification for short-term treatment prior to dismissing charges against the person for certain competency reasons. If the charges are dismissed, the court shall notify DHS in writing that the charges were dismissed and the reason for the dismissal. Under existing law, if the court finds there are reasonable grounds, the court may stay the dismissal for 35 days. The act permits the court to grant up to four 35-day extensions to a stay of a dismissal in addition to the initial stay. DHS is permitted to continue to provide services for up to 90 days after a person's case is dismissed because the person is incompetent to proceed. DHS is permitted to enter into an agreement with an organization to provide permanent supportive housing for a person whose case is dismissed because the person is incompetent to proceed or the person has successfully completed a bridges wraparound care program, and for a person who has been referred to the bridges wraparound care program. DHS is required to collect information concerning where a person lives or intends to live following a dismissal or referral for each person whose charges are dismissed following a determination by the court that the person is incompetent to proceed or following satisfactory completion of a bridges wraparound care program, or who has been referred to the bridges wraparound care program. The act tolls the time limitations to commence a criminal proceeding against a defendant while the offender is in a competency-related diversion or deflection program. The act tolls the time limitations to commence a criminal proceeding against a defendant beginning when the defendant's case is dismissed without prejudice for the purpose of facilitating certification for short-term treatment until either the defendant's criminal case is re-filed or 6 months have passed since the case was dismissed, whichever is earlier. (Note: This summary applies to this bill as enacted.)

Issues: ✓ Criminal Justice

Bill status signed all 5 stages cleared

Introduction

Jan 2025

Committee Review

Apr 2025

Senate Passage

Mar 2025

House Passage

Apr 2025

Signed into Law

Jun 2025

Introduced Jan 8, 2025 Signed Jun 2, 2025

Maddy AI version diff · 9 comparisons

What changed between versions

PA1 (02/13/2025) → PA2 (03/26/2025) · 3 edits

MINOR

The bill was amended to streamline collaboration between the State Department and the Office of Bridges of Colorado, removing redundant language about information sharing with the Division of Housing and clarifying the focus on avoiding duplication of services. The revision emphasizes continuity of care and service delivery rather than administrative reporting schedules.

Scope change

The bill's scope was refined to focus more on inter-agency collaboration and service continuity rather than detailed information sharing protocols with the Division of Housing.

REQUIREMENT

Removed the requirement for the State Department to share collected information with the Division of Housing on an agreed-upon schedule, at least quarterly.

Added a mandate for the State Department to make efforts to collaborate with service providers, including the Office of Bridges of Colorado, to ensure continuity of care and avoid duplication of services.

Reorganized and renumbered subsections to improve clarity, moving the Office of Bridges collaboration requirement to a new subsection (b) and updating the information collection subsection (4)(a).

Floor votes · Senate Mar 31, 2025 · House Apr 28, 2025

How they voted

21–12

Passed · 1 other

Total votes 34

Mar 31, 2025

D Democratic22

21 Yea 1

95% Yea

R Republican12

12 Nay

100% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Jun 2, 2025

Signed into law

Governor Signed

executive

Apr 29, 2025

Introduced

Senate Considered House Amendments - Result was to Concur - Repass

upper

Apr 28, 2025

Lower · Passed

House Third Reading Passed - No Amendments

lower

Apr 22, 2025

Lower · Passed

House Committee on Judiciary Refer Amended to House Committee of the Whole

lower

Mar 31, 2025

Introduced

Introduced In House - Assigned to Judiciary

lower

Mar 31, 2025

Upper · Passed

Senate Third Reading Passed - No Amendments

upper

Mar 26, 2025

Upper · Passed

Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

upper

Feb 12, 2025

Committee

Senate Committee on Judiciary Refer Amended to Appropriations

upper

Jan 8, 2025

Introduced

Introduced In Senate - Assigned to Judiciary

upper

4 primary · 19 co-sponsors