SB 26-14

Senate Bill 26-14 modifies Colorado’s laws regarding the defense of "Not Guilty by Reason of Insanity." It requires that mental health reports provided by a defendant's legal team must also be given to the court and then forwarded to the Department of Human Services. The bill allows for community-based treatment and rehabilitation options for defendants instead of just institutional placements. For crimes committed on or after July 1, 2026, it sets clearer criteria for releasing individuals from the department’s custody either unconditionally (if they are no longer a danger to themselves or others) or conditionally (with certain restrictions). The bill has been signed into law, meaning these changes will take effect as specified.

Official Summary

Current law requires the defense to furnish a copy of any report of examination of the defendant that is made at the instance of the defense to the prosecution in a reasonable amount of time in advance of trial. The act requires a copy of the report to also be furnished to the court who, upon receipt of the copy, shall provide a copy to the department of human services.     The act authorizes community placement of a defendant for treatment and rehabilitation.     For a defendant who was charged with a crime allegedly committed on or after July 1, 2026, the act clarifies the legal standard for a defendant's conditional or unconditional release from the department. The standard for unconditional release is that the defendant has no abnormal mental condition that would be likely to cause the defendant to be dangerous to the defendant's self or others or to the community in the reasonably foreseeable future, is capable of distinguishing right from wrong, and has substantial capacity to conform their conduct to the law. The standard for conditional release is that the defendant can satisfy the standard for unconditional release but with the imposition of and compliance with conditions. At an unconditional release hearing for a defendant who is on conditional release, if any evidence is introduced that shows the defendant is ineligible for unconditional release, the defendant has the burden of proving that the defendant meets the applicable test for unconditional release.(Note: This summary applies to this bill as enacted.)

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