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HB 24-1034

signed

Adult Competency to Stand Trial

Plain-English Summary

AI-generated

House Bill 24-1034, which has been signed into law in Colorado, updates the process for determining if an adult accused of a crime is mentally fit to stand trial. It ensures that key people involved in the case have access to information about the defendant's mental competency and outlines what happens when someone is found incompetent, including options for outpatient treatment. Parts of the bill take effect immediately on June 4, 2024, while other parts will start July 1, 2024. This law affects anyone involved in criminal cases where a defendant’s mental fitness to proceed with trial might be questioned.

Official Summary

The act reforms and clarifies the criminal competency to proceed process. The act provides necessary parties with access to information related to the defendant's claim of incompetency to proceed. The act adds to the information that is included in a competency report. The act delineates a court's options when it finds that a defendant is incompetent to proceed. The act directs when competency services may be provided on an outpatient basis. The act sets forth the circumstances when a court has to dismiss the defendant's case based on the highest level of charge against the defendant and how long the defendant has been waiting for restoration services. APPROVED by Governor June 4, 2024 PORTIONS EFFECTIVE June 4, 2024 PORTIONS EFFECTIVE July 1, 2024(Note: This summary applies to this bill as enacted.)

Details

Chamber
House
First action
2024-06-04
Latest action
2024-01-10
Last action desc.
Introduced In House - Assigned to Judiciary
OpenStates
View source ↗

Sponsors

Related Legislation

This bill affects (37)

amends
HB 23-1138(2023A)· signed
Procedures Related To Adult Competency
amends
HB 22-1278(2022A)· signed
Behavioral Health Administration
amends
HB 23-1236(2023A)· signed
Implementation Updates To Behavioral Health Administration
amends
SB 18-250(2018A)· signed
Jail-based Behavioral Health Services
amends
SB 18-252(2018A)· signed
Competency to Proceed Evaluations And Services
relates
HB 22-1065(2022A)· signed
Emergency Mental Health Treatment And Evaluation Standard
relates
HB 22-1278(2022A)· signed
Behavioral Health Administration
relates
HB 23-1138(2023A)· signed
Procedures Related To Adult Competency
relates
HB 22-1235(2022A)· signed
Sunset Continue Regulation Of Veterinary Practice
relates
SB 24-063(2024A)· signed
Confidentiality of Group Peer Support Services
relates
HB 24-1079(2024A)· signed
Persons Detained in Jail on Emergency Commitment
relates
SB 23-229(2023A)· signed
Statewide Behavioral Health Court Liaison Office
relates
SB 18-250(2018A)· signed
Jail-based Behavioral Health Services
relates
HB 22-1256(2022A)· signed
Modifications To Civil Involuntary Commitment
relates
SB 23-167(2023A)· signed
Board Of Nursing Regulate Certified Midwives
relates
HB 22-1386(2022A)· signed
Competency To Proceed And Restoration To Competency
relates
SB 17-233(2017A)· signed
Reporting Requirements By Department Of Law To General Assembly
relates
HB 22-1303(2022A)· signed
Increase Residential Behavioral Health Beds
relates
SB 18-270(2018A)· signed
Behavioral Health Crisis Transition Referral Program
relates
HB 23-1236(2023A)· signed
Implementation Updates To Behavioral Health Administration
relates
HB 23-1293(2023A)· signed
Felony Sentencing Commission Recommendations
relates
HB 18-1357(2018A)· signed
Behavioral Health Care Ombudsperson Parity Reports
relates
HB 23-1301(2023A)· signed
Revisor's Bill
relates
HB 18-1078(2018A)· signed
Court Programs For Veterans
relates
SB 22-099(2022A)· signed
Sealing Criminal Records
relates
SB 23-290(2023A)· signed
Natural Medicine Regulation And Legalization
relates
SB 17-241(2017A)· signed
Reporting Requirements By Judicial Department To General Assembly
relates
SB 18-252(2018A)· signed
Competency to Proceed Evaluations And Services
relates
HB 18-1089(2018A)· signed
No Monetary Conditions Of Bond For Misdemeanors
relates
SB 18-263(2018A)· signed
Pilot Program Court Approval Treatment Medications In Jails
relates
SB 17-242(2017A)· signed
Modernize Behavioral Health Terminology in Colorado Revised Statutes
relates
HB 22-1326(2022A)· signed
Fentanyl Accountability And Prevention
relates
SB 18-091(2018A)· signed
Modernize Behavioral Health Terminology
relates
HB 18-1094(2018A)· signed
Children And Youth Mental Health Treatment Act
relates
SB 17-207(2017A)· signed
Strengthen Colorado Behavioral Health Crisis System
relates
HB 22-1295(2022A)· signed
Department Early Childhood And Universal Preschool Program
relates
SB 24-136(2024A)· signed
Uniform Guardianship & Conservatorship Act

Affected by (23)

amends
HB 25-1008(2025A)· signed
Complementary Behavioral Health Services in Jails
amends
HB 25-1008(2025B)· signed
Consumer Protections for Artificial Intelligence Interactions
amends
SB 25-041(2025A)· signed
Competency in Criminal Justice System Services & Bail
amends
SB 26-149(2026A)· signed
Pathways for Individuals with Mental Health Disorder
amends
HB 24-1133(2024A)· signed
Criminal Record Sealing & Expungement Changes
amends
HB 25-1116(2025A)· signed
Department of Corrections Search Court Records Before Offender Release
amends
HB 25-1058(2025A)· signed
Not Guilty by Reason of Insanity Defense
extends
SB 25-041(2025A)· signed
Competency in Criminal Justice System Services & Bail
extends
HB 26-1285(2026A)· failed
Admission to Mental Health Residential Facility
relates
HB 26-1305(2026A)· signed
Licensing of Behavioral Health Facilities
relates
HB 26-1063(2026A)· signed
Treating People with Behavioral Health Disorder
relates
SB 25-190(2025A)· signed
Offender Release from Custody
relates
HB 26-1298(2026A)· signed
Background Checks for Child Welfare Placements
relates
HB 26-1425(2026A)· signed
Applied Behavior Analysis Services
relates
HB 25-1251(2025A)· signed
Parental Consent to Treatment of a Minor
relates
HB 26-1285(2026A)· failed
Admission to Mental Health Residential Facility
relates
SB 25-009(2025A)· signed
Recognition of Tribal Court Orders
relates
HB 24-1450(2024A)· signed
Revisor's Bill
relates
SB 25-134(2025A)· signed
Uniform Guardianship & Conservatorship Act
relates
SB 25-236(2025A)· signed
Consolidation of Crisis Response Services
relates
SB 25-042(2025A)· signed
Behavioral Health Crisis Response Recommendations
repeals
HB 24-1355(2024A)· signed
Measures to Reduce the Competency Wait List
repeals
SB 26-149(2026A)· signed
Pathways for Individuals with Mental Health Disorder

Votes

REPASS
2024-05-06 · House · passYes: 48 · No: 12 · Other:
CONCUR
2024-05-06 · House · passYes: 58 · No: 2 · Other:
BILL
2024-05-04 · Senate · passYes: 31 · No: 0 · Other:
BILL
2024-04-22 · House · passYes: 52 · No: 9 · Other: