Text of CO HB 1058 (2025)

First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0114.01 Shelby Ross x4510 HOUSE BILL 25-1058 House Committees Senate Committees Judiciary A BILL FOR AN ACT CONCERNING MODIFICATIONS TO THE AFFIRMATIVE DEFENSE OF NOT 101 GUILTY BY REASON OF INSANITY. 102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.) Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems. When a plea of not guilty by reason of insanity is accepted by a court, the bill requires the court, in consultation with the department of human services (CDHS) and the parties, to determine whether a sanity examination requires the defendant to stay overnight for HOUSE SPONSORSHIP Bradfield, English SENATE SPONSORSHIP Michaelson Jenet, Cutter Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. an extended examination and the number of days of the extended examination. If the defendant is in custody, the bill authorizes the sanity examination to be conducted at the jail or place of confinement or at a facility operated by or under contract with CDHS. If the defendant is at liberty on summons or on bond, the bill prohibits the court from ordering the defendant into custody in order to conduct the sanity examination (section 11). If a sanity examination is recorded, the bill prohibits a defendant from being dressed in prison or jail clothing and prohibits restraints on the defendant from being visible on the recording (section 12). Current law authorizes psychiatrists, forensic psychologists, and other personnel conducting a sanity examination to conduct a narcoanalytic interview of the defendant with drugs that are medically appropriate, to subject the defendant to a polygraph examination, and to testify to the results of the procedures, statements, and reactions of the defendant. The bill repeals this provision (section 12). The bill makes conforming amendments and technical corrections. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. In Colorado Revised Statutes, amend 16-8-101 as 2 follows: 3 16-8-101. Insanity defined - offenses committed before July 1, 4 1995. (1) The applicable test of insanity shall be IS, and the COURT SHALL 5 INSTRUCT THE jury: shall be so instructed: "A person who is so diseased 6 or defective in mind at the time of the commission of the act as to be 7 incapable of distinguishing right from wrong with respect to that act is 8 not accountable". But care should be taken not to confuse such mental 9 disease or defect with moral obliquity, mental depravity, or passion 10 growing out of anger, revenge, hatred, or other motives, and kindred evil 11 conditions, for when the act is induced by any of these causes the person 12 is accountable to the law.". 13 (2) The term "diseased or defective in mind", as used in 14 subsection (1) of this section, does not refer to an abnormality manifested 15 only by repeated criminal or otherwise antisocial conduct. 16 HB25-1058 -2- (3) This section shall apply APPLIES to offenses committed before 1 July 1, 1995. 2 SECTION 2. In Colorado Revised Statutes, amend 16-8-101.5 3 as follows: 4 16-8-101.5. Insanity defined - offenses committed on or after 5 July 1, 1995. (1) The applicable test of insanity shall be IS: 6 (a) A person who is so diseased or defective in mind at the time 7 of the commission of the act as to be incapable of distinguishing right 8 from wrong with respect to that act is not accountable; except that care 9 should be taken not to confuse such mental disease or defect with moral 10 obliquity, mental depravity, or passion growing out of anger, revenge, 11 hatred, or other motives and kindred evil conditions, for, when the act is 12 induced by any of these causes, the person is accountable to the law; or 13 (b) A person who suffered from a condition of mind caused by 14 mental disease or defect that prevented the person from forming a 15 culpable mental state that is an essential element of a crime charged. but 16 care should be taken not to confuse such mental disease or defect with 17 moral obliquity, mental depravity, or passion growing out of anger, 18 revenge, hatred, or other motives and kindred evil conditions because, 19 when the act is induced by any of these causes, the person is accountable 20 to the law. 21 (2) As used in this section: 22 (a) "Diseased or defective in mind" does not refer to an 23 abnormality manifested only by repeated criminal or otherwise antisocial 24 conduct. Evidence of knowledge or awareness of the victim's actual or 25 perceived gender, gender identity, gender expression, or sexual 26 orientation shall not constitute inability to distinguish right from wrong. 27 HB25-1058 -3- (b) "Gender identity" and "gender expression" have the same 1 meaning as in section 18-1-901 (3)(h.5). 2 (c) "Mental disease or defect" includes only those severely 3 abnormal mental conditions that grossly and demonstrably impair a 4 person's perception or understanding of reality and that are not 5 attributable to the voluntary ingestion of alcohol or any other 6 psychoactive substance but does not include an abnormality manifested 7 only by repeated criminal or otherwise antisocial conduct. 8 (d) "Sexual orientation" has the same meaning as in section 9 18-9-121 (5)(b). 10 (3) This section shall apply APPLIES to offenses committed on or 11 after July 1, 1995. 12 SECTION 3. In Colorado Revised Statutes, amend 16-8-102 as 13 follows: 14 16-8-102. Definitions. As used in this article ARTICLE 8, unless 15 the context otherwise requires: 16 (1) and (2) Repealed. 17 (1) "DISEASED OR DEFECTIVE IN MIND" DOES NOT REFER TO AN 18 ABNORMALITY MANIFESTED ONLY BY REPEATED CRIMINAL OR OTHERWISE 19 ANTISOCIAL CONDUCT. EVIDENCE OF KNOWLEDGE OR AWARENESS OF THE 20 VICTIM'S ACTUAL OR PERCEIVED GENDER, GENDER IDENTITY, GENDER 21 EXPRESSION, OR SEXUAL ORIENTATION DOES NOT CONSTITUTE AN 22 INABILITY TO DISTINGUISH RIGHT FROM WRONG. 23 (2.5) (2) "Forensic psychologist" means a licensed psychologist 24 who is board certified in forensic psychology by the American board of 25 professional psychology or who has completed a fellowship in forensic 26 psychology meeting criteria established by the American board of 27 HB25-1058 -4- forensic psychology. 1 (3) "GENDER IDENTITY" AND "GENDER EXPRESSION" HAVE THE 2 SAME MEANING AS SET FORTH IN SECTION 18-1-901. 3 (2.7) (4) (a) "Impaired mental condition" means a condition of 4 mind, caused by mental disease or defect that prevents the person from 5 forming the culpable mental state that is an essential element of any crime 6 charged. For the purposes of this subsection (2.7), "mental disease or 7 defect" includes only those severely abnormal mental conditions which 8 grossly and demonstrably impair a person's perception or understanding 9 of reality and which are not attributable to the voluntary ingestion of 10 alcohol or any other psychoactive substance; except that it does not 11 include an abnormality manifested only by repeated criminal or otherwise 12 antisocial conduct. 13 (b) This subsection (2.7) shall apply only SUBSECTION (4) APPLIES 14 to offenses committed before July 1, 1995. 15 (3) Repealed. 16 (4) (5) "Ineligible for release" means the defendant is suffering 17 from a mental disease or defect which is likely to cause him THE 18 DEFENDANT to be dangerous to himself THE DEFENDANT'S SELF, to others, 19 or to the community, in the reasonably foreseeable future, if he THE 20 DEFENDANT is permitted to remain at liberty. 21 (4.5) (6) "Ineligible to remain on conditional release" means the 22 defendant has violated one or more conditions in his THE DEFENDANT'S 23 release, or the defendant is suffering from a mental disease or defect 24 which is likely to cause him THE DEFENDANT to be dangerous to himself 25 THE DEFENDANT'S SELF, to others, or to the community in the reasonably 26 foreseeable future, if he THE DEFENDANT is permitted to remain on 27 HB25-1058 -5- conditional release. 1 (4.7) (7) "Mental disease or defect" means only those severely 2 abnormal mental conditions that grossly and demonstrably impair a 3 person's perception or understanding of reality and that are not 4 attributable to the voluntary ingestion of alcohol or any other 5 psychoactive substance; except that it does not include an abnormality 6 manifested only by repeated criminal or otherwise antisocial conduct. 7 (5) (8) "Release examination" means a court-ordered examination 8 of a defendant directed to developing evidence relevant to determining 9 whether he THE DEFENDANT is eligible for release. 10 (6) (9) "Release hearing" means a hearing for the purpose of 11 determining whether a defendant previously committed to the department 12 of human services, following a verdict of not guilty by reason of insanity, 13 has become eligible for release. 14 (7) Repealed. 15 (8) (10) "Sanity examination" means a court-ordered examination 16 of a defendant who has entered a plea of not guilty by reason of insanity, 17 directed to developing information relevant to determining the sanity or 18 insanity of the defendant at the time of the commission of the act with 19 which he THE DEFENDANT is charged and also his THE DEFENDANT'S 20 competency to proceed. 21 (11) "SEXUAL ORIENTATION" HAS THE SAME MEANING AS SET 22 FORTH IN SECTION 18-9-121. 23 SECTION 4. In Colorado Revised Statutes, amend 16-8-103 as 24 follows: 25 16-8-103. Pleading insanity as a defense. (1) (a) The defense of 26 insanity may only be raised by a specific plea entered at the time of 27 HB25-1058 -6- arraignment; except that the court, for good cause shown, may permit the 1 plea to be entered at any time prior to trial. The form of the plea shall be 2 IS: "Not guilty by reason of insanity"; and it must be pleaded orally either 3 by the defendant or by the defendant's counsel. A defendant who does not 4 raise the defense as provided in this section shall IS not be permitted to 5 rely upon insanity as a defense to the crime charged but, when charged 6 with a crime requiring a specific intent as an element thereof, may 7 introduce evidence of the defendant's mental condition as bearing upon 8 his or her THE DEFENDANT'S capacity to form the required specific intent. 9 The plea of not guilty by reason of insanity includes the plea of not guilty. 10 (b) This subsection (1) shall apply only APPLIES to offenses 11 committed before July 1, 1995. 12 (1.5) (a) The defense of insanity may only be raised by a specific 13 plea entered at the time of arraignment; except that the court, for good 14 cause shown, may permit the plea to be entered at any time prior to trial. 15 The form of the plea shall be IS: "Not guilty by reason of insanity"; and 16 it must be pleaded orally either by the defendant or by the defendant's 17 counsel. The plea of not guilty by reason of insanity includes the plea of 18 not guilty. 19 (b) This subsection (1.5) shall apply APPLIES to offenses 20 committed on or after July 1, 1995. 21 (2) If counsel for the defendant believes that a plea of not guilty 22 by reason of insanity should be entered on behalf of the defendant but the 23 defendant refuses to permit the entry of the plea, counsel may so inform 24 the court. The court shall then conduct such AN investigation as it deems 25 proper, which may include the appointment of psychiatrists or forensic 26 psychologists to assist in examining the defendant and advising the court. 27 HB25-1058 -7- After its investigation, the court shall conduct a hearing to determine 1 whether the plea should be entered. If the court finds that the entry of a 2 plea of not guilty by reason of insanity is necessary for a just 3 determination of the charge against the defendant, it THE COURT shall 4 enter the plea on behalf of the defendant, and the plea so entered shall 5 have HAS the same effect as though it had been voluntarily entered by the 6 defendant. himself or herself. 7 (3) If there has been no A grand jury indictment or preliminary 8 hearing HAS NOT BEEN HELD prior to the entry of the plea of not guilty by 9 reason of insanity, the court shall hold a preliminary hearing prior to the 10 trial of the insanity issue. If probable cause is not established, the case 11 shall MUST be dismissed, but the court may order the district attorney to 12 institute civil proceedings pursuant to article 65 of title 27 C.R.S., if it 13 appears that the protection of the public or the accused requires it A CIVIL 14 PROCEEDING. 15 (4) Before accepting a plea of not guilty by reason of insanity, the 16 court shall advise the defendant of the effect and consequences of the 17 plea. 18 SECTION 5. In Colorado Revised Statutes, amend 16-8-103.5 19 as follows: 20 16-8-103.5. Impaired mental condition - when raised - 21 procedure - legislative intent. (1) If the defendant intends to assert the 22 affirmative defense of impaired mental condition, he THE DEFENDANT 23 shall indicate that intention to the court and to the prosecution at the time 24 of arraignment; except that the court, for good cause shown, shall permit 25 the defendant to inform the court and the prosecution of his THE 26 DEFENDANT'S intention to assert the affirmative defense of impaired 27 HB25-1058 -8- mental condition at any time prior to trial. 1 (2) If counsel for the defendant believes that an assertion of the 2 affirmative defense of impaired mental condition should be entered on 3 behalf of the defendant but the defendant refuses to permit counsel to 4 offer such evidence, counsel may so inform the court. The court shall then 5 conduct such AN investigation as it deems proper, which may include the 6 appointment of psychiatrists or forensic psychologists to assist in 7 examining the defendant and advising the court. After its investigation, 8 the court shall conduct a hearing to determine whether evidence of 9 impaired mental condition should be offered at trial. If the court finds that 10 such a THE defense OF IMPAIRED MENTAL CONDITION is necessary for a 11 just determination of the charge against the defendant, it THE COURT shall 12 inform the prosecution that such THE defense shall MUST be asserted at 13 trial by the defendant and shall order the defendant's counsel to present 14 evidence at trial on the defense of impaired mental condition. 15 (3) At the time at which WHEN the defendant announces his THE 16 DEFENDANT'S intention to assert the affirmative defense of impaired 17 mental condition, the court shall advise the defendant of the effect and 18 consequences of asserting the defense. 19 (4) When the defendant indicates his THE DEFENDANT'S intention 20 to assert the defense of impaired mental condition, the court shall order 21 an examination of the defendant pursuant to section 16-8-106. The court 22 shall order both the prosecutor and the defendant to exchange the names, 23 addresses, reports, and statements of persons, other than medical experts 24 subject to the provisions of section 16-8-103.6, whom the parties intend 25 to call as witnesses with regard to the affirmative defense of impaired 26 mental condition. 27 HB25-1058 -9- (5) If the trier of fact finds the defendant not guilty by reason of 1 impaired mental condition, pursuant to section 18-1-803 (3), C.R.S., the 2 court shall commit the defendant to the custody of the department of 3 human services until such time as he THE DEFENDANT is found eligible for 4 release, pursuant to the standards set forth in sections 16-8-115 and 5 16-8-120. The executive director of the department of human services 6 shall designate the state facility at which WHERE the defendant shall be 7 held for care and psychiatric treatment and may transfer the defendant 8 from one institution to another if, in the opinion of the EXECUTIVE 9 director, it TRANSFERRING THE DEFENDANT is desirable to do so in the 10 interest of the DEFENDANT'S proper care, custody, and treatment of the 11 defendant or the protection of the public or the personnel of the facilities 12 in question. 13 (6) It is the intent of the general assembly that the assertion of the 14 affirmative defense of impaired mental condition not be made in such a 15 fashion A MANNER that it is used to circumvent the requirements of 16 disclosure specified in rule 16 of the Colorado rules of criminal 17 procedure. 18 (7) A defendant may raise impaired mental condition only through 19 an assertion of affirmative defense. 20 (8) This section shall apply only APPLIES to offenses committed 21 before July 1, 1995. 22 SECTION 6. In Colorado Revised Statutes, amend 16-8-103.6 23 as follows: 24 16-8-103.6. Waiver of privilege. (1) (a) A defendant who places 25 his or her THE DEFENDANT'S mental condition at issue by pleading not 26 guilty by reason of insanity pursuant to section 16-8-103, or asserting the 27 HB25-1058 -10- affirmative defense of impaired mental condition pursuant to section 1 16-8-103.5, or disclosing witnesses who may provide evidence 2 concerning the defendant's mental condition during a sentencing hearing 3 held pursuant to section 18-1.3-1201 for an offense charged prior to July 4 1, 2020, or pursuant to section 18-1.3-1302 for an offense charged prior 5 to July 1, 2020, waives any claim of confidentiality or privilege as to 6 communications made by the defendant to a physician or psychologist in 7 the course of an examination or treatment for the mental condition for the 8 purpose of any trial or hearing on the issue of the mental condition, or 9 sentencing hearing conducted pursuant to section 18-1.3-1201 for an 10 offense charged prior to July 1, 2020, or pursuant to section 18-1.3-1302 11 for an offense charged prior to July 1, 2020. The court shall order both the 12 prosecutor and the defendant to exchange the names, addresses, reports, 13 and statements of any physician or psychologist who has examined or 14 treated the defendant for the mental condition. 15 (b) This subsection (1) shall apply only APPLIES to offenses 16 committed before July 1, 1995. 17 (2) (a) A defendant who places his or her THE DEFENDANT'S 18 mental condition at issue by pleading not guilty by reason of insanity 19 pursuant to section 16-8-103 or disclosing witnesses who may provide 20 evidence concerning the defendant's mental condition during a sentencing 21 hearing held pursuant to section 18-1.3-1201 for an offense charged prior 22 to July 1, 2020, or pursuant to section 18-1.4-102; or, for offenses 23 committed on or after July 1, 1999, by seeking to introduce evidence 24 concerning his or her THE DEFENDANT'S mental condition pursuant to 25 section 16-8-107 (3) waives any claim of confidentiality or privilege as 26 to communications made by the defendant to a physician or psychologist 27 HB25-1058 -11- in the course of an examination or treatment for the mental condition for 1 the purpose of any trial or hearing on the issue of the mental condition, 2 or sentencing hearing conducted pursuant to section 18-1.3-1201 for an 3 offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102. 4 The court shall order both the prosecutor and the defendant to exchange 5 the names, addresses, reports, and statements of any physician or 6 psychologist who has examined or treated the defendant for the mental 7 condition. 8 (b) This subsection (2) shall apply APPLIES to offenses committed 9 on or after July 1, 1995. 10 SECTION 7. In Colorado Revised Statutes, amend 16-8-103.7 11 as follows: 12 16-8-103.7. Examination after entry of defenses of insanity 13 and impaired mental condition. (1) (a) When, at the time of 14 arraignment, the defense of insanity is raised pursuant to section 15 16-8-103, and the defendant asserts his or her THE DEFENDANT'S intention 16 to raise the affirmative defense of impaired mental condition pursuant to 17 section 16-8-103.5, the court shall order one examination of the defendant 18 with regard to both defenses pursuant to section 16-8-106. 19 (b) This subsection (1) shall apply only APPLIES to offenses 20 committed before July 1, 1995. 21 (2) (a) When, at the time of arraignment, the defense of insanity 22 is raised pursuant to section 16-8-103, the court shall order an 23 examination of the defendant with regard to the insanity defense pursuant 24 to section 16-8-106. 25 (b) This subsection (2) shall apply APPLIES to offenses committed 26 on or after July 1, 1995. 27 HB25-1058 -12- (3) (a) When the defendant gives notice pursuant to section 1 16-8-107 (3) that he or she THE DEFENDANT intends to introduce evidence 2 in the nature of expert opinion concerning his or her THE DEFENDANT'S 3 mental condition, the court shall order an examination of the defendant 4 pursuant to section 16-8-106. 5 (b) The provisions of This subsection (3) shall apply APPLIES to 6 offenses committed on or after July 1, 1999. 7 SECTION 8. In Colorado Revised Statutes, amend 16-8-104 as 8 follows: 9 16-8-104. Separate trial of issues. The issues raised by the plea 10 of not guilty by reason of insanity shall MUST be tried separately to 11 different juries, and the sanity of the defendant shall MUST be tried first. 12 This section shall apply only APPLIES to offenses committed before July 13 1, 1995. 14 SECTION 9. In Colorado Revised Statutes, amend 16-8-104.5 15 as follows: 16 16-8-104.5. Single trial of issues. (1) The issues raised by the 17 plea of not guilty by reason of insanity shall MUST be treated as an 18 affirmative defense and shall MUST be tried at the same proceeding and 19 before the same trier of fact as the charges to which not guilty by reason 20 of insanity is offered as a defense. 21 (2) This section shall apply APPLIES to offenses committed on or 22 after July 1, 1995. 23 SECTION 10. In Colorado Revised Statutes, 16-8-105, amend 24 (1), (4), and (5) as follows: 25 16-8-105. Procedure after plea for offenses committed before 26 July 1, 1995. (1) When a plea of not guilty by reason of insanity is 27 HB25-1058 -13- accepted, the court shall forthwith commit ORDER the defendant for TO 1 UNDERGO a sanity examination, specifying the place and period of 2 commitment WHERE THE EXAMINATION MUST BE CONDUCTED. 3 (4) If the trier of fact finds the defendant not guilty by reason of 4 insanity, the court shall commit the defendant to the custody of the 5 department of human services until such time as he THE DEFENDANT is 6 found eligible for release. The executive director of the department of 7 human services shall designate the state facility at which the defendant 8 shall be held for care and psychiatric treatment and may transfer the 9 defendant from one institution to another if, in the opinion of the 10 EXECUTIVE director, it is desirable to do so in the interest of the 11 DEFENDANT'S proper care, custody, and treatment of the defendant or the 12 protection of the public or the personnel of the facilities in question. 13 (5) This section shall apply APPLIES to offenses committed before 14 July 1, 1995. 15 SECTION 11. In Colorado Revised Statutes, 16-8-105.5, amend 16 (1), (2), and (3) as follows: 17 16-8-105.5. Procedure after plea for offenses committed on or 18 after July 1, 1995. (1) (a) When a plea of not guilty by reason of insanity 19 is accepted, the court shall forthwith commit ORDER the defendant for TO 20 UNDERGO a sanity examination, specifying the place and period of 21 commitment WHERE THE EXAMINATION MUST BE CONDUCTED. THE 22 COURT, IN CONSULTATION WITH THE DEPARTMENT OF HUMAN SERVICES 23 AND THE PARTIES, SHALL DETERMINE WHETHER THE EXAMINATION 24 REQUIRES THE DEFENDANT TO STAY OVERNIGHT FOR AN EXTENDED 25 EXAMINATION AND THE NUMBER OF DAYS OF THE EXTENDED 26 EXAMINATION. 27 HB25-1058 -14- (b) (I) IF THE DEFENDANT IS IN CUSTODY, THE EXAMINATION MAY 1 BE CONDUCTED AT THE JAIL OR PLACE OF CONFINEMENT OR AT A FACILITY 2 OPERATED BY OR UNDER CONTRACT WITH THE DEPARTMENT OF HUMAN 3 SERVICES. IF THE DEFENDANT IS IN CUSTODY AND THE COURT DETERMINES 4 THE EXAMINATION MUST BE CONDUCTED AT A FACILITY OPERATED BY OR 5 UNDER CONTRACT WITH THE DEPARTMENT OF HUMAN SERVICES, THE 6 COURT SHALL ORDER THE DEPARTMENT OF HUMAN SERVICES TO TAKE 7 CUSTODY OF THE DEFENDANT TO CONDUCT THE EXAMINATION AND 8 RETURN THE DEFENDANT TO THE ORIGINAL PLACE OF CUSTODY AFTER THE 9 EXAMINATION IS COMPLETE. 10 (II) IF THE DEFENDANT IS AT LIBERTY ON SUMMONS OR ON BOND, 11 THE EXAMINATION MAY BE CONDUCTED AT A FACILITY OPERATED BY OR 12 CONTRACTED WITH THE DEPARTMENT OF HUMAN SERVICES OR AT A 13 LOCATION THAT THE COURT AND DEPARTMENT OF HUMAN SERVICES 14 DETERMINE IS APPROPRIATE; EXCEPT THAT THE COURT SHALL NOT ORDER 15 A DEFENDANT INTO CUSTODY IN ORDER TO CONDUCT THE EXAMINATION 16 IF THE DEFENDANT IS AT LIBERTY ON SUMMONS OR ON BOND. 17 (2) Upon receiving the report of the sanity examination, the court 18 shall immediately set the case for trial. Every person is presumed to be 19 sane; but, once any evidence of insanity is introduced, the people have 20 PROSECUTION HAS the burden of proving sanity beyond a reasonable 21 doubt. 22 (3) When the affirmative defense of not guilty by reason of 23 insanity has been raised, the jury shall MUST be given special verdict 24 forms containing interrogatories. The trier of fact shall decide first the 25 question of guilt as to felony charges that are before the court. If the trier 26 of fact concludes that guilt has been proven beyond a reasonable doubt as 27 HB25-1058 -15- to one or more of the felony charges submitted for consideration, the 1 special interrogatories shall MUST not be answered. Upon completion of 2 its deliberations on the felony charges as previously set forth in this 3 subsection (3), the trier of fact shall consider any other charges before the 4 court in a similar manner; except that it THE TRIER OF FACT shall not 5 answer the special interrogatories regarding such THE charges if it THE 6 TRIER OF FACT has previously found guilt beyond a reasonable doubt with 7 respect to one or more felony charges. The interrogatories shall MUST 8 provide for specific findings of the jury with respect to the affirmative 9 defense of not guilty by reason of insanity. When the court sits as the trier 10 of fact, it THE COURT shall enter appropriate specific findings with respect 11 to the affirmative defense of not guilty by reason of insanity. 12 SECTION 12. In Colorado Revised Statutes, 16-8-106, amend 13 (1)(a), (1)(b), (2)(a), (2)(b), (3), and (7) introductory portion as follows: 14 16-8-106. Examinations and report. (1) (a) All examinations 15 ordered by the court in criminal cases shall MUST be accomplished by the 16 entry of an order of the court specifying the place where such THE 17 examination is to be conducted and the period of time allocated for such 18 THE examination. The defendant may be committed for such THE 19 examination to the Colorado psychiatric hospital in Denver, the Colorado 20 mental health institute at Pueblo A STATE-RUN MENTAL HEALTH HOSPITAL, 21 the place where he or she THE DEFENDANT is in custody, or such ANY 22 other public institution designated by the court. In determining the place 23 where such THE examination is to be conducted, the court shall give 24 priority to the place where the defendant is in custody, unless the nature 25 and circumstances of the examination require designation of a different 26 facility. ONE OR MORE PSYCHIATRISTS OR FORENSIC PSYCHOLOGISTS 27 HB25-1058 -16- SHALL OBSERVE the defendant shall be observed and examined by one or 1 more psychiatrists or forensic psychologists during such A period as the 2 court directs. For good cause shown, upon motion of the prosecution or 3 defendant, or upon the court's own motion, the court may order such ANY 4 further or other examination as is advisable under the circumstances. 5 Nothing in This section shall DOES NOT abridge the right of the defendant 6 to procure an examination as provided in section 16-8-108. 7 (b) (I) An interview conducted PURSUANT TO THIS SECTION in any 8 case that includes a class 1 or class 2 felony charge or a felony sex 9 offense charge described in section 18-3-402, 18-3-404, 18-3-405, or 10 18-3-405.5 C.R.S., pursuant to this section must be video and audio 11 recorded and preserved, EXCEPT AS PROVIDED IN SUBSECTION (1)(c) OF 12 THIS SECTION. The court shall advise the defendant that any examination 13 with a psychiatrist or forensic psychologist may be video and audio 14 recorded. A copy of the recording must be provided to all parties and the 15 court with the examination report. Any jail or other facility where the 16 court orders the examination to take place must SHALL permit the 17 recording to occur and must SHALL provide the space and equipment 18 necessary for such THE recording. If space and equipment are not 19 available, the sheriff or facility director shall attempt to coordinate a 20 location and the availability of equipment with the court, which AND THE 21 COURT may consult with the district attorney and defense counsel for an 22 agreed-upon location. If no AN agreement is NOT reached, and upon the 23 request of either the defense counsel or district attorney, the court shall 24 order the location of the examination, which may include the Colorado 25 mental health institute at Pueblo A STATE-RUN MENTAL HEALTH HOSPITAL. 26 (II) IN ORDER TO PROTECT THE PRESUMPTION OF INNOCENCE, IF 27 HB25-1058 -17- THE EXAMINATION IS RECORDED, THE DEFENDANT MUST NOT BE DRESSED 1 IN PRISON OR JAIL CLOTHING. THIS SUBSECTION (1)(b)(II) DOES NOT 2 REQUIRE OR PROHIBIT THE USE OF RESTRAINTS, AND THE EXAMINATION 3 MAY BE STOPPED OR PAUSED IN ORDER TO APPLY RESTRAINTS ON THE 4 DEFENDANT TO ENSURE THE SAFETY OF THE EVALUATOR, THE DEFENDANT, 5 OR OTHERS, AS LONG AS THE RESTRAINTS ARE NOT VISIBLE ON THE 6 RECORDING. 7 (2) (a) The defendant shall have HAS a privilege against 8 self-incrimination during the course of an examination under CONDUCTED 9 PURSUANT TO this section. The fact of the defendant's noncooperation 10 with psychiatrists, forensic psychologists, and other personnel conducting 11 the examination may be admissible in the defendant's trial on the issue of 12 insanity or impaired mental condition and in any sentencing hearing held 13 pursuant to section 18-1.3-1201 or 18-1.3-1302. C.R.S. This paragraph 14 (a) shall apply only SUBSECTION (2)(a) APPLIES to offenses committed 15 before July 1, 1995. 16 (b) The defendant shall have HAS a privilege against 17 self-incrimination during the course of an examination under CONDUCTED 18 PURSUANT TO this section. The fact of the defendant's noncooperation 19 with psychiatrists, forensic psychologists, and other personnel conducting 20 the examination may be admissible in the defendant's trial on the issue of 21 insanity and in any sentencing hearing held pursuant to section 22 18-1.3-1201 or 18-1.4-102. C.R.S. This paragraph (b) shall apply 23 SUBSECTION (2)(b) APPLIES to offenses committed on or after July 1, 24 1995, but prior to July 1, 1999. 25 (3) (a) To aid in forming an opinion as to REGARDING the 26 DEFENDANT'S mental condition, of the defendant, it is permissible in the 27 HB25-1058 -18- course of an examination under CONDUCTED PURSUANT TO this section to 1 use THE DEFENDANT'S confessions and admissions of the defendant and 2 any other evidence of the circumstances surrounding the commission of 3 the offense, as well as the DEFENDANT'S medical and social history of the 4 defendant, in questioning the defendant. When the defendant is 5 noncooperative with psychiatrists, forensic psychologists, and other 6 personnel conducting the examination, an opinion of the DEFENDANT'S 7 mental condition of the defendant may be rendered by such THE 8 psychiatrists, forensic psychologists, or other personnel based upon such 9 THE DEFENDANT'S confessions AND admissions and any other evidence of 10 the circumstances surrounding the commission of the offense, as well as 11 the DEFENDANT'S known medical and social history, of the defendant, and 12 such THE opinion may be admissible into evidence at trial and in any 13 sentencing hearing held pursuant to section 18-1.3-1201 or 18-1.3-1302. 14 C.R.S. It shall also be permissible to conduct a narcoanalytic interview of 15 the defendant with such drugs as are medically appropriate and to subject 16 the defendant to polygraph examination. In any trial or hearing on the 17 issue of the defendant's sanity, eligibility for release, or impaired mental 18 condition, and in any sentencing hearing held pursuant to section 19 18-1.3-1201 or 18-1.3-1302, C.R.S., the physicians and other personnel 20 conducting the examination may testify to the results of any such 21 procedures and the statements and reactions of the defendant insofar as 22 the same entered into the formation of their opinions as to the mental 23 condition of the defendant both at the time of the commission of the 24 alleged offense and at the present time. This paragraph (a) shall apply 25 only THIS SUBSECTION (3)(a) APPLIES to offenses committed before July 26 1, 1995. 27 HB25-1058 -19- (b) To aid in forming an opinion as to REGARDING the 1 DEFENDANT'S mental condition, of the defendant, it is permissible in the 2 course of an examination under CONDUCTED PURSUANT TO this section to 3 use THE DEFENDANT'S confessions and admissions of the defendant and 4 any other evidence of the circumstances surrounding the commission of 5 the offense, as well as the DEFENDANT'S medical and social history of the 6 defendant, in questioning the defendant. When the defendant is 7 noncooperative with psychiatrists, forensic psychologists, and other 8 personnel conducting the examination, an opinion of the DEFENDANT'S 9 mental condition of the defendant may be rendered by such THE 10 psychiatrists, forensic psychologists, or other personnel based upon such 11 THE DEFENDANT'S confessions AND admissions and any other evidence of 12 the circumstances surrounding the commission of the offense, as well as 13 the DEFENDANT'S known medical and social history, of the defendant, and 14 such THE opinion may be admissible into evidence at trial and in any 15 sentencing hearing held pursuant to section 18-1.3-1201 for an offense 16 charged prior to July 1, 2020, or pursuant to section 18-1.4-102. It shall 17 also be permissible to conduct a narcoanalytic interview of the defendant 18 with such drugs as are medically appropriate and to subject the defendant 19 to polygraph examination. In any trial or hearing on the issue of the 20 defendant's sanity or eligibility for release, and in any sentencing hearing 21 held pursuant to section 18-1.3-1201 for an offense charged prior to July 22 1, 2020, or pursuant to section 18-1.4-102, the physicians and other 23 personnel conducting the examination may testify to the results of any 24 such procedures and the statements and reactions of the defendant insofar 25 as the same entered into the formation of their opinions as to the mental 26 condition of the defendant both at the time of the commission of the 27 HB25-1058 -20- alleged offense and at the present time. This subsection (3)(b) applies to 1 offenses committed on or after July 1, 1995. 2 (c) For offenses committed on or after July 1, 1999, when a 3 defendant undergoes an examination pursuant to the provisions of 4 paragraph (b) of this subsection (3) SUBSECTION (3)(b) OF THIS SECTION 5 because the defendant has given notice pursuant to section 16-8-107 (3) 6 that he or she THE DEFENDANT intends to introduce expert opinion 7 evidence concerning his or her THE DEFENDANT'S mental condition, the 8 physicians, forensic psychologists, and other personnel conducting the 9 examination may testify to the results of any such procedures and the 10 DEFENDANT'S statements and reactions of the defendant insofar as such 11 IF THE statements and reactions entered into the formation of their THE 12 EXPERTS' opinions as to REGARDING the DEFENDANT'S mental condition. 13 of the defendant. 14 (7) With respect to offenses committed on or after July 1, 1999, 15 when a defendant has undergone an examination pursuant to the 16 provisions of this section because the defendant has given notice pursuant 17 to section 16-8-107 (3) that he or she THE DEFENDANT intends to 18 introduce expert opinion evidence concerning his or her THE 19 DEFENDANT'S mental condition, the report of shall examination REPORT 20 MUST include, but is not limited to, the items described in subsections 21 (5)(a), (5)(b), and (5)(c) of this section, and: 22 SECTION 13. In Colorado Revised Statutes, 16-8-107, amend 23 (1)(a), (1)(c), (1.5)(a), (1.5)(c), (3)(b), and (3)(c) as follows: 24 16-8-107. Evidence. (1) (a) Except as provided in this subsection 25 (1), no evidence acquired directly or indirectly for the first time from a 26 communication derived from the defendant's mental processes during the 27 HB25-1058 -21- course of a court-ordered examination under PURSUANT TO section 1 16-8-106 or acquired pursuant to section 16-8-103.6 is NOT admissible 2 against the defendant on the issues raised by a plea of not guilty, if the 3 defendant is put to trial on those issues, except to rebut evidence of his or 4 her THE DEFENDANT'S mental condition introduced by the defendant to 5 show incapacity to form a culpable mental state; and, in such case, that 6 evidence may be considered by the trier of fact only as bearing upon the 7 question of capacity to form a culpable mental state, and the jury, at the 8 request of either party, shall MUST be so instructed. 9 (c) If the defendant testifies in his or her ON THE DEFENDANT'S 10 own behalf upon the trial of the issues raised by the plea of not guilty, or 11 at a sentencing hearing held pursuant to section 18-1.3-1201 for an 12 offense charged prior to July 1, 2020, or pursuant to section 18-1.3-1302 13 for an offense charged prior to July 1, 2020, or pursuant to section 14 18-1.4-102, the provisions of this section shall DOES not bar any evidence 15 used to impeach or rebut the defendant's testimony. 16 (1.5) (a) Except as otherwise provided in this subsection (1.5), 17 evidence acquired directly or indirectly for the first time from a 18 communication derived from the defendant's mental processes during the 19 course of a court-ordered examination pursuant to section 16-8-106 or 20 acquired pursuant to section 16-8-103.6 is admissible only as to the issues 21 raised by the defendant's plea of not guilty by reason of insanity, and the 22 jury, at the request of either party, shall MUST be so instructed; except 23 that, for offenses committed on or after July 1, 1999, such THE evidence 24 shall IS also be admissible as to the defendant's mental condition if the 25 defendant undergoes the examination because the defendant has given 26 notice pursuant to subsection (3) of this section that he or she THE 27 HB25-1058 -22- DEFENDANT intends to introduce expert opinion evidence concerning his 1 or her THE DEFENDANT'S mental condition. 2 (c) If the defendant testifies in his or her ON THE DEFENDANT'S 3 own behalf, the provisions of this section shall DOES not bar any evidence 4 used to impeach or rebut the defendant's testimony. This subsection (1.5) 5 shall apply APPLIES to offenses committed on or after July 1, 1995. 6 (3) (b) Regardless of whether a defendant enters a plea of not 7 guilty by reason of insanity pursuant to section 16-8-103, the defendant 8 shall not be IS NOT permitted to introduce evidence in the nature of expert 9 opinion concerning his or her THE DEFENDANT'S mental condition without 10 having first given notice to the court and the prosecution of his or her THE 11 DEFENDANT'S intent to introduce such THE evidence and without having 12 undergone a court-ordered examination pursuant to section 16-8-106. A 13 defendant who places his or her THE DEFENDANT'S mental condition at 14 issue by giving such notice waives any claim of confidentiality or 15 privilege as provided in section 16-8-103.6. Such THE notice shall MUST 16 be given at the time of arraignment; except that the court, for good cause 17 shown, shall permit the defendant to inform the court and prosecution of 18 the intent to introduce such evidence at any time prior to trial. Any period 19 of delay caused by the examination and report provided for in section 20 16-8-106 shall MUST be excluded, as provided in section 18-1-405 (6)(a), 21 C.R.S., from the time within which the defendant must be brought to trial. 22 (c) The provisions of This subsection (3) shall apply APPLIES to 23 offenses committed on or after July 1, 1999. 24 SECTION 14. In Colorado Revised Statutes, 16-8-108, amend 25 (1)(a) as follows: 26 16-8-108. Examination at instance of defendant. (1) (a) If the 27 HB25-1058 -23- defendant wishes to be examined by a psychiatrist, psychologist, or other 1 expert of his THE DEFENDANT'S own choice in connection with any 2 proceeding under this article ARTICLE 8, the court, upon timely motion, 3 shall order that the examiner chosen by the defendant be given reasonable 4 opportunity to conduct the examination. An interview conducted pursuant 5 to a court order under this section must be video and audio recorded and 6 preserved, EXCEPT AS PROVIDED IN SUBSECTION (1)(b) OF THIS SECTION. 7 The court shall advise the defendant that any examination with a 8 psychiatrist or forensic psychologist may be audio and video recorded. A 9 copy of the recording must be provided to the prosecution with the 10 examination report. Any jail or other facility where the court orders the 11 examination to take place must SHALL permit the recording to occur and 12 must SHALL provide the space and equipment necessary for such THE 13 recording, if available. If space and equipment are not available, the 14 sheriff or facility director shall attempt to coordinate a location and the 15 availability of equipment with the court, which AND THE COURT may 16 consult with the district attorney and defense counsel for an agreed-upon 17 location. If no AN agreement is NOT reached, and upon the request of 18 either the defense counsel or district attorney, the court shall order the 19 location of the examination, which may include the Colorado mental 20 health institute at Pueblo A STATE-RUN MENTAL HEALTH HOSPITAL. 21 SECTION 15. In Colorado Revised Statutes, amend 16-8-109 as 22 follows: 23 16-8-109. Testimony of lay witnesses. In any trial or hearing in 24 which THE DEFENDANT'S mental condition of the defendant is an issue, 25 witnesses A WITNESS not specially trained in psychiatry or psychology 26 may testify as to their THE WITNESS'S observation of the defendant's 27 HB25-1058 -24- actions and conduct, and as to conversations which they have THAT THE 1 WITNESS HAS had with him THE DEFENDANT bearing upon his THE 2 DEFENDANT'S mental condition, and they shall THE WITNESS MUST be 3 permitted to give their opinions or conclusions concerning THE 4 DEFENDANT'S mental condition. of the defendant. 5 SECTION 16. In Colorado Revised Statutes, 16-8-114, amend 6 (3) as follows: 7 16-8-114. Evidence concerning competency - inadmissibility. 8 (3) (a) Evidence of any determination as to the defendant's competency 9 or incompetency is not admissible on the issues raised by the pleas of not 10 guilty or not guilty by reason of insanity or the affirmative defense of 11 impaired mental condition. This paragraph (a) shall apply only 12 SUBSECTION (3)(a) APPLIES to offenses committed before July 1, 1995. 13 (b) Evidence of any determination as to the defendant's 14 competency or incompetency is not admissible on the issues raised by the 15 pleas of not guilty or not guilty by reason of insanity. This paragraph (b) 16 shall apply SUBSECTION (3)(b) APPLIES to offenses committed on or after 17 July 1, 1995. 18 SECTION 17. In Colorado Revised Statutes, 16-8-115, amend 19 (1)(b), (1)(c), (1.5), (2), (3)(b), (3)(c), (4)(a.5), (4)(f), (4)(g)(XXI), and 20 (4)(i)(I) as follows: 21 16-8-115. Release from commitment after verdict of not guilty 22 by reason of insanity or not guilty by reason of impaired mental 23 condition - definitions. (1) (b) Following the initial release hearing 24 pursuant to subsection (1)(a) of this section, the court may order a release 25 hearing at any time on its own motion, on motion of the prosecuting 26 attorney, or on motion of the defendant. The court shall order a release 27 HB25-1058 -25- hearing upon receipt of the report of the chief officer of the institution in 1 which HOSPITAL WHERE the defendant is committed, OR THE CHIEF 2 OFFICER'S DESIGNEE, that the defendant no longer requires hospitalization, 3 as provided in section 16-8-116. Except for the initial release hearing, 4 unless the court for good cause shown permits, the defendant is not 5 entitled to a hearing within one year subsequent to a previous hearing. 6 (c) Beginning September 1, 2022, the chief officer of the 7 institution in which HOSPITAL WHERE the defendant is committed, OR THE 8 CHIEF OFFICER'S DESIGNEE, shall annually submit a release examination 9 report to the court certifying whether the defendant continues to meet the 10 criteria for ongoing inpatient hospitalization or meets the applicable test 11 for release pursuant to section 16-8-120. The report must be submitted 12 each year by the date on which the defendant was initially committed for 13 inpatient hospitalization unless another release examination is ordered 14 within the twelve months preceding such THE date. The release 15 examination report must include the information required for a release 16 examination pursuant to subsection (2.5) of this section. The institution 17 HOSPITAL shall provide a copy of the report to the defendant, the 18 prosecuting attorney, and any other attorney of record. Upon receipt and 19 after review of the report, the court may order a release hearing on its 20 own motion, on motion of the prosecuting attorney, or on motion of the 21 defendant. 22 (1.5) (a) Any victim of any crime or any member of such THE 23 victim's immediate family, if the victim has died or is a minor, the 24 perpetrator of which has been found not guilty by reason of insanity or 25 not guilty by reason of impaired mental condition, shall be notified by the 26 court in a timely manner prior to any hearing for release of the perpetrator 27 HB25-1058 -26- held pursuant to subsection (1) of this section, if such THE victim or 1 family member can reasonably be located. This paragraph (a) shall apply 2 only SUBSECTION (1.5)(a) APPLIES to offenses committed before July 1, 3 1995. 4 (b) Any victim of any crime or any member of such THE victim's 5 immediate family, if the victim has died or is a minor, the perpetrator of 6 which has been found not guilty by reason of insanity, shall be notified by 7 the court in a timely manner prior to any hearing for release of the 8 perpetrator held pursuant to subsection (1) of this section, if such THE 9 victim or family member can reasonably be located. This paragraph (b) 10 shall apply SUBSECTION (1.5)(b) APPLIES to offenses committed on or 11 after July 1, 1995. 12 (2) (a) The court shall order a release examination of the 13 defendant when a current one has not already been furnished or when 14 either the prosecution or defense moves for an examination of the 15 defendant at a different institution HOSPITAL or by different experts. The 16 court may order any additional or supplemental examination, 17 investigation, or study that it THE COURT deems necessary to a proper 18 consideration and determination of the question of eligibility for release. 19 The court shall set the matter for release hearing after it THE COURT has 20 received all of the reports that it THE COURT has ordered under PURSUANT 21 TO this section. When none of said THE reports indicates that the 22 defendant is eligible for release, the defendant's request for A release 23 hearing shall be denied by the court if the defendant is unable to show by 24 way of an offer of proof any evidence by a medical expert in mental 25 disorders that would indicate that the defendant is eligible for release. For 26 the purposes of this subsection (2), "medical expert in mental disorders" 27 HB25-1058 -27- means a physician licensed under the provisions of PURSUANT TO article 1 240 of title 12, a psychologist licensed under the provisions of PURSUANT 2 TO article 245 of title 12, a psychiatric technician licensed under the 3 provisions of PURSUANT TO article 295 of title 12, a registered 4 professional nurse, as defined in section 12-255-104 (11), who by reason 5 of postgraduate education and additional nursing preparation has gained 6 knowledge, judgment, and skill in psychiatric or mental health nursing, 7 or a social worker licensed under the provisions of PURSUANT TO part 4 8 of article 245 of title 12. The release hearing shall be to the court or, on 9 demand by the defendant, to a jury of not to exceed COMPOSED OF NOT 10 MORE THAN six persons. At the release hearing, if any evidence of 11 insanity is introduced, the defendant has the burden of proving restoration 12 of sanity by a preponderance of the evidence; if any evidence of 13 ineligibility for release by reason of impaired mental condition is 14 introduced, the defendant has the burden of proving, by a preponderance 15 of the evidence, that the defendant is eligible for release by no longer 16 having an impaired mental condition. This subsection (2)(a) shall apply 17 only APPLIES to offenses committed before July 1, 1995. 18 (b) The court shall order a release examination of the defendant 19 when a current one has not already been furnished or when either the 20 prosecution or defense moves for an examination of the defendant at a 21 different institution HOSPITAL or by different experts. The court may order 22 any additional or supplemental examination, investigation, or study that 23 it THE COURT deems necessary to a proper consideration and 24 determination of the question of eligibility for release. The court shall set 25 the matter for release hearing after it THE COURT has received all of the 26 reports that it has THE COURT ordered under PURSUANT TO this section. 27 HB25-1058 -28- When none of the reports indicates that the defendant is eligible for 1 release, THE COURT SHALL DENY the defendant's request for A release 2 hearing shall be denied by the court if the defendant is unable to show by 3 way of an offer of proof any evidence by a medical expert in mental 4 disorders that would indicate that the defendant is eligible for release. For 5 the purposes of this subsection (2), "medical expert in mental disorders" 6 means a physician licensed under the provisions of PURSUANT TO article 7 240 of title 12, a psychologist licensed under the provisions of PURSUANT 8 TO article 245 of title 12, a psychiatric technician licensed under the 9 provisions of PURSUANT TO article 295 of title 12, a registered 10 professional nurse as, defined in section 12-255-104 (11), who by reason 11 of postgraduate education and additional nursing preparation has gained 12 knowledge, judgment, and skill in psychiatric or mental health nursing, 13 or a social worker licensed under the provisions of PURSUANT TO part 4 14 of article 245 of title 12. The release hearing shall be to the court or, on 15 demand by the defendant, to a jury composed of not more than six 16 persons. At the release hearing, if any evidence that the defendant does 17 not meet the release criteria is introduced, the defendant has the burden 18 of proving by a preponderance of the evidence that the defendant has no 19 DOES NOT HAVE AN abnormal mental condition that would be likely to 20 cause the defendant to be dangerous either to himself or herself THE 21 DEFENDANT'S SELF or to others or to the community in the reasonably 22 foreseeable future. This subsection (2)(b) shall apply APPLIES to offenses 23 committed on or after July 1, 1995. 24 (3) (b) When a defendant is conditionally released, the chief 25 officer of the institution in which HOSPITAL WHERE the defendant is 26 committed, OR THE CHIEF OFFICER'S DESIGNEE, shall forthwith give written 27 HB25-1058 -29- notice of the terms and conditions of such THE release to the executive 1 director of the department of human services and to the director of any 2 behavioral health safety net provider that may be charged with THE 3 DEFENDANT'S continued treatment. of the defendant. The director of such 4 THE behavioral health safety net provider shall make written reports every 5 three months to the executive director of the department of human 6 services and to the district attorney for the judicial district where the 7 defendant was committed and to the district attorney for any judicial 8 district where the defendant may be required to receive treatment 9 concerning the DEFENDANT'S treatment and status. of the defendant. Such 10 THE reports shall MUST include all known violations of the terms and 11 conditions of the defendant's release and any changes in the defendant's 12 mental status that would indicate that the defendant has become ineligible 13 to remain on conditional release. as defined in section 16-8-102 (4.5). 14 (c) A defendant who has been conditionally released remains 15 under the supervision of the department of human services until the 16 committing court enters a final order of unconditional release. When a 17 defendant fails to comply with any conditions of his THE DEFENDANT'S 18 release requiring him THE DEFENDANT to establish, maintain, and reside 19 at a specific residence and his THE DEFENDANT'S whereabouts have 20 therefore become unknown to the authorities charged with his THE 21 DEFENDANT'S supervision or when the defendant leaves the state of 22 Colorado without the consent of the committing court, the defendant's 23 absence from supervision shall constitute CONSTITUTES unauthorized 24 absence, as defined in section 18-8-208.2. Such offense occurs in the 25 county in which the defendant is authorized to reside. 26 (4) (a.5) In addition to any terms and conditions of release 27 HB25-1058 -30- imposed pursuant to subsection (3) of this section, a court may order a 1 defendant, as a condition of release, to register with the local law 2 enforcement agency of the jurisdiction in which the defendant resides if 3 the court finds that the chief officer of the institution in which HOSPITAL 4 WHERE the defendant has been committed, OR THE CHIEF OFFICER'S 5 DESIGNEE, recommends registration based on information obtained from 6 the defendant during the course of treatment that indicates the defendant 7 has committed an offense involving unlawful sexual behavior. 8 (f) The local law enforcement agency shall transmit any 9 registrations received pursuant to paragraph (e) of this subsection (4) 10 SUBSECTION (4)(e) OF THIS SECTION to the Colorado bureau of 11 investigation within three business days following receipt OF THE 12 REGISTRATION. The Colorado bureau of investigation shall include any 13 registration information received pursuant to this section in the central 14 registry established pursuant to section 16-22-110 and shall specify that 15 the information applies to a defendant required to register as a condition 16 of release pursuant to this section. The forms completed by defendants A 17 DEFENDANT required to register as a condition of release pursuant to this 18 subsection (4) shall be ARE confidential and shall MUST not be open to 19 inspection except as provided in paragraph (e) of subsection (3) 20 SUBSECTION (3)(e) of this section and except as provided for release of 21 information to the public pursuant to sections 16-22-110 (6) and 22 16-22-112. 23 (g) As used in this subsection (4), "an offense involving unlawful 24 sexual behavior" means any of the following offenses: 25 (XXI) Criminal attempt, conspiracy, or solicitation to commit any 26 of the offenses specified in this paragraph (g) SUBSECTION (4)(g). 27 HB25-1058 -31- (i) (I) Any defendant required to register as a condition of release 1 pursuant to this subsection (4), upon completion of a period of not less 2 than twenty years from the date the defendant is placed on conditional 3 release, may petition the district court for an order that discontinues the 4 requirement for such registration and removes the defendant's name from 5 the central registry established pursuant to section 16-22-110. The court 6 may issue such AN order only if the court makes written findings of fact 7 that the defendant has neither been convicted nor found not guilty by 8 reason of insanity of an offense involving unlawful sexual behavior 9 subsequent to his or her THE DEFENDANT'S conditional release and that the 10 defendant would not pose an undue threat to the community if allowed to 11 live in the community without registration. 12 SECTION 18. In Colorado Revised Statutes, 16-8-115.5, amend 13 (3), (4), (5), (6)(a), (6)(b), and (8) as follows: 14 16-8-115.5. Enforcement and revocation of conditional release 15 from commitment. (3) Whenever the superintendent of the Colorado 16 mental health institute at Pueblo DIRECTOR OF FORENSIC SERVICES IN THE 17 DEPARTMENT OF HUMAN SERVICES, OR THE DIRECTOR'S DESIGNEE, has 18 probable cause to believe that such THE defendant has become ineligible 19 to remain on conditional release, as defined in section 16-8-102 (4.5), said 20 superintendent THE DIRECTOR, OR THE DIRECTOR'S DESIGNEE, shall notify 21 the district attorney for the judicial district where the defendant was 22 committed. The superintendent DIRECTOR, OR THE DIRECTOR'S DESIGNEE, 23 or the district attorney shall apply for a warrant to be directed to the 24 sheriff or a peace officer in the jurisdiction in which WHERE the defendant 25 resides or may be found, commanding such THE sheriff or peace officer 26 to take custody of the defendant. The application shall MUST include the 27 HB25-1058 -32- order conditionally releasing the defendant pursuant to section 16-8-115 1 (3) and supporting documentation showing that THE defendant has 2 become ineligible to remain on conditional release. as defined in section 3 16-8-102 (4.5). The committing court and the district court for the tenth 4 judicial district are authorized to issue such a warrant pursuant to the 5 provisions of section 16-1-106. The superintendent DIRECTOR, OR THE 6 DIRECTOR'S DESIGNEE, shall mail a copy of the application to the 7 committing court and the district attorney in the committing jurisdiction. 8 (4) The sheriff or peace officer to whom the warrant is directed 9 pursuant to subsection (3) of this section shall take all necessary legal 10 action to take custody of the defendant. A sheriff shall deliver the 11 defendant immediately to the Colorado mental health institute at Pueblo, 12 which HOSPITAL WHERE THE DEFENDANT WAS COMMITTED, AND THE 13 HOSPITAL shall provide care and security for the defendant. If any other 14 peace officer takes custody of the defendant, such THE peace officer shall 15 deliver the defendant to the custody of the sheriff of the jurisdiction in 16 which WHERE the defendant was found, and such THE sheriff shall comply 17 with the provisions of this subsection (4). 18 (5) The Colorado mental health institute at Pueblo HOSPITAL 19 WHERE THE DEFENDANT WAS COMMITTED shall examine the defendant to 20 evaluate the defendant's ability to remain on conditional release. The 21 examination shall MUST be consistent with the procedure provided in 22 section 16-8-106. If the defendant refuses to submit to and cooperate with 23 the examination, the committing court shall revoke the conditional 24 release. The examination shall MUST be completed within twenty-one 25 days after the defendant has been delivered to the institute HOSPITAL as 26 a result of the defendant's arrest. The institute HOSPITAL shall mail or 27 HB25-1058 -33- deliver a written report of the examination to the committing court and 1 the district attorney in the committing jurisdiction promptly after the 2 examination is completed. The defendant may request an examination as 3 provided in section 16-8-108. 4 (6) (a) The district attorney for the judicial district where the 5 defendant was committed may file in the committing court a petition for 6 the revocation of the defendant's conditional release. The petition shall 7 MUST set forth the name of the defendant, an allegation that the defendant 8 has become ineligible to remain on conditional release, as defined in 9 section 16-8-102 (4.5), and the substance of the evidence sustaining the 10 allegation. 11 (b) If the district attorney for the committing judicial district does 12 not file a petition for revocation, as provided in paragraph (a) of this 13 subsection (6) SUBSECTION (6)(a) OF THIS SECTION, within ten days after 14 the defendant is delivered to the Colorado mental health institute at 15 Pueblo HOSPITAL WHERE THE DEFENDANT WAS COMMITTED, the defendant 16 shall MUST be immediately released from custody; except that, upon a 17 showing of good cause by the district attorney, the court may grant a 18 reasonable extension of time to file the petition for revocation. 19 (8) Within thirty-five days after the defendant is delivered to the 20 Colorado mental health institute in Pueblo HOSPITAL WHERE THE 21 DEFENDANT WAS COMMITTED pursuant to subsection (4) of this section, 22 and if the defendant is not released from custody pursuant to paragraph 23 (b) of subsection (6) SUBSECTION (6)(b) of this section, the committing 24 court shall hold a hearing on the petition for revocation of conditional 25 release. At such THE hearing, any evidence having probative value shall 26 be IS admissible, but the defendant shall be IS permitted to offer testimony 27 HB25-1058 -34- and to call, confront, and cross-examine witnesses. If the court finds by 1 a preponderance of the evidence that the defendant has become ineligible 2 to remain on conditional release, as defined in section 16-8-102 (4.5), it 3 shall THE COURT MUST enter an order revoking the defendant's conditional 4 release and recommitting the defendant. At any time thereafter, the 5 defendant may be afforded a release hearing as provided in section 6 16-8-115. If the court does not find by a preponderance of the evidence 7 that the defendant has become ineligible to remain on conditional release, 8 as defined in section 16-8-102 (4.5), it THE COURT shall dismiss the 9 petition and reinstate or modify the original order of conditional release. 10 SECTION 19. In Colorado Revised Statutes, amend 16-8-116 as 11 follows: 12 16-8-116. Release by department of human services authority. 13 (1) AFTER A FINDING OF NOT GUILTY BY REASON OF INSANITY, when the 14 chief officer of the institution in which HOSPITAL WHERE a defendant has 15 been committed, after a finding of not guilty by reason of insanity OR THE 16 CHIEF OFFICER'S DESIGNEE, OR THE DIRECTOR OF FORENSIC SERVICES IN 17 THE DEPARTMENT OF HUMAN SERVICES, OR THE DIRECTOR'S DESIGNEE, 18 WHO HAS BEEN SUPERVISING THE DEFENDANT'S CONDITIONAL RELEASE, 19 determines that the defendant no longer requires hospitalization OR 20 SUPERVISION because he THE DEFENDANT no longer suffers from a mental 21 disease or defect which THAT is likely to cause him THE DEFENDANT to be 22 dangerous to himself A DANGER TO THE DEFENDANT'S SELF, to others, or 23 to the community in the reasonably foreseeable future, such THE chief 24 officer OR THE CHIEF OFFICER'S DESIGNEE, OR THE DIRECTOR OR THE 25 DIRECTOR'S DESIGNEE, shall report this THE determination to the court that 26 committed the defendant and the prosecuting attorney, including in the 27 HB25-1058 -35- report a report of examination equivalent to a release examination. The 1 clerk of the court shall forthwith furnish a copy of the report to counsel 2 for the defendant. 3 (2) Within thirty-five days after receiving the report of the chief 4 officer of the institution having custody of the defendant OR THE CHIEF 5 OFFICER'S DESIGNEE, OR THE DIRECTOR OR THE DIRECTOR'S DESIGNEE, the 6 court shall set a hearing on the discharge of the defendant in accordance 7 with section 16-8-115, whether or not such THE report is contested. 8 (3) Repealed. 9 SECTION 20. In Colorado Revised Statutes, amend 16-8-117 as 10 follows: 11 16-8-117. Advisement on matters to be determined. When a 12 determination is to be made as to a defendant's eligibility for release, the 13 court shall explain to the defendant the nature and consequences of the 14 proceeding and the rights of the defendant under PURSUANT TO this 15 section, including his or her THE DEFENDANT'S right to a jury trial upon 16 the question of eligibility for release. The defendant, if he or she THE 17 DEFENDANT wishes to contest the question, may request a hearing which 18 shall then THAT MUST be granted as a matter of right. At the hearing, the 19 defendant and the prosecuting attorney are entitled to be present in 20 person, to examine any reports of examination or other matter to be 21 considered by the court as bearing upon the determination, to introduce 22 evidence, summon witnesses, cross-examine witnesses for the other side 23 or the court, and to make opening and closing statements and argument. 24 The court may examine or cross-examine any witness called by the 25 defendant or prosecuting attorney and may summon and examine 26 witnesses on its own motion. 27 HB25-1058 -36- SECTION 21. In Colorado Revised Statutes, 16-8-118, amend 1 (1), (1.5), (2)(a.5), and (2)(b) as follows: 2 16-8-118. Temporary removal for treatment and 3 rehabilitation. (1) The chief officer of the institution in which WHERE 4 a defendant has been committed under this article ARTICLE 8 or article 8.5 5 of this title TITLE 16, OR THE CHIEF OFFICER'S DESIGNEE, may authorize 6 treatment and rehabilitation activities involving temporary physical 7 removal of such person THE DEFENDANT from the institution in which 8 WHERE the defendant has been placed, if prior to such THE authorization 9 the following procedures are carried out: 10 (a) Such THE chief officer, OR THE CHIEF OFFICER'S DESIGNEE, 11 shall give written notice by certified mail, with return receipt requested, 12 to the committing court and the district attorney that on or after thirty-five 13 days from the date of mailing such THE notice, he or she THE CHIEF 14 OFFICER, OR THE CHIEF OFFICER'S DESIGNEE, will authorize treatment and 15 rehabilitation activities involving temporary physical removal of the 16 defendant from the institution, unless written objections to such THE 17 authorization are received by him or her THE CHIEF OFFICER, OR THE CHIEF 18 OFFICER'S DESIGNEE, within thirty-five days from the date of mailing such 19 THE notice. 20 (b) The clerk of the committing court shall deliver a copy of the 21 notice mentioned in paragraph (a) of this subsection (1) DESCRIBED IN 22 SUBSECTION (1)(a) OF THIS SECTION to the attorney of record for the 23 defendant. The district attorney or the attorney of record for the defendant 24 may file objections with the clerk of the committing court to the proposed 25 action of the chief officer of the institution in which such WHERE THE 26 defendant is held, OR THE CHIEF OFFICER'S DESIGNEE. THE PARTY MAKING 27 HB25-1058 -37- THE OBJECTIONS SHALL DELIVER a copy of any such THE objections, shall 1 be delivered by the party making such objections, either by mail or by 2 personal service, to such THE chief officer, OR THE CHIEF OFFICER'S 3 DESIGNEE, prior to the expiration of thirty-five days from the mailing of 4 the notice by the chief officer of the institution, OR THE CHIEF OFFICER'S 5 DESIGNEE. 6 (c) In the event that objections are filed and served as provided in 7 paragraphs (a) and (b) of this subsection (1) SUBSECTIONS (1)(a) AND 8 (1)(b) OF THIS SECTION, the committing court shall fix a time for a hearing 9 upon the objections, and no removal of the defendant from the institution 10 in which he WHERE THE DEFENDANT is held shall be IS authorized unless 11 and until approval thereof is given by the committing court following 12 such THE hearing. 13 (1.5) The chief officer of the institution, OR THE CHIEF OFFICER'S 14 DESIGNEE, is authorized to allow a defendant, without court authorization 15 as set forth DESCRIBED in subsection (1) of this section, to leave the 16 physical premises of the treatment or habilitation facility for needed 17 medical treatment at a hospital, clinic, or other health-care facility, so 18 long as the defendant is accompanied by staff from the facility. 19 (2) (a.5) A court may order any defendant who receives treatment 20 and rehabilitation activities involving temporary physical removal of the 21 defendant from the institution to register with the local law enforcement 22 agency of the jurisdiction in which WHERE the defendant resides if the 23 court finds that the chief officer of the institution in which WHERE the 24 defendant has been committed, OR THE CHIEF OFFICER'S DESIGNEE, 25 recommends registration based on information obtained from the 26 defendant during the course of treatment that indicates the defendant has 27 HB25-1058 -38- committed an offense involving unlawful sexual behavior. 1 (b) Prior to temporary physical removal from the institution of any 2 defendant who is required to register pursuant to this subsection (2), the 3 department of human services shall obtain from the defendant the address 4 at which WHERE the defendant plans to reside and THE DEPARTMENT shall 5 notify the local law enforcement agency of the jurisdiction in which 6 WHERE the defendant plans to reside and the Colorado bureau of 7 investigation as provided in section 16-8-115 (4)(c). 8 SECTION 22. In Colorado Revised Statutes, amend 16-8-119 as 9 follows: 10 16-8-119. Counsel and physicians for indigent defendants. In 11 all proceedings under this article BROUGHT PURSUANT TO THIS ARTICLE 8, 12 upon motion of the defendant and proof that he THE DEFENDANT is 13 indigent and without funds to employ physicians, psychologists, or 14 attorneys to which he THE DEFENDANT is entitled under this article 15 ARTICLE 8, the court shall appoint such THE physicians, psychologists, or 16 attorneys for him THE DEFENDANT at state expense. 17 SECTION 23. In Colorado Revised Statutes, amend 16-8-120 as 18 follows: 19 16-8-120. Applicable tests for release. (1) As to any person 20 charged with any crime allegedly committed on or after June 2, 1965, the 21 test for determination of a defendant's sanity for release from 22 commitment, or his THE DEFENDANT'S eligibility for conditional release, 23 shall be IS: "That the defendant has no abnormal mental condition which 24 would be likely to cause him THE DEFENDANT to be dangerous either to 25 himself THE DEFENDANT'S SELF or to others or to the community in the 26 reasonably foreseeable future". 27 HB25-1058 -39- (2) As to any person charged with any crime allegedly committed 1 prior to June 2, 1965, the test for determination of a defendant's sanity for 2 release from commitment, or his THE DEFENDANT'S eligibility for 3 conditional release, shall be IS the test provided by law at the time of the 4 alleged crime to determine the sanity or insanity of such THE defendant. 5 (3) As to any person charged with any crime allegedly committed 6 on or after July 1, 1983, the test for determination of a defendant's sanity 7 for release from commitment, or his THE DEFENDANT'S eligibility for 8 conditional release, shall be IS: "That the defendant has no abnormal 9 mental condition which THAT would be likely to cause him THE 10 DEFENDANT to be dangerous either to himself THE DEFENDANT'S SELF or 11 others or to the community in the reasonably foreseeable future, and is 12 capable of distinguishing right from wrong and has substantial capacity 13 to conform his THE DEFENDANT'S conduct to requirements of law". 14 (4) As to any person charged with any crime allegedly committed 15 on or after July 1, 1983, but before July 1, 1995, resulting in commitment 16 by reason of impaired mental condition, the test for determination of a 17 defendant's mental condition for release from commitment, or a 18 defendant's eligibility for conditional release, shall be IS: "That the 19 defendant has no abnormal mental condition which THAT would be likely 20 to cause the defendant to be dangerous either to himself or herself THE 21 DEFENDANT'S SELF or to others or to the community in the reasonably 22 foreseeable future". 23 SECTION 24. In Colorado Revised Statutes, amend 16-8-121 as 24 follows: 25 16-8-121. Escape - return to institution. (1) If any defendant, 26 confined in an institution for the care and treatment of persons with 27 HB25-1058 -40- behavioral or mental health disorders or intellectual and developmental 1 disabilities under the supervision of the executive director of the 2 department of human services, escapes from such THE institution, it is the 3 duty of the chief officer to apply forthwith to the district court for the 4 county in which the hospital or institution is located for a warrant of 5 arrest directed to the sheriff of the county, commanding him or her THE 6 SHERIFF forthwith to take all necessary legal action to effect the arrest of 7 the defendant and to return him or her THE DEFENDANT promptly to the 8 institution. The fact of an escape becomes a part of the official record of 9 a defendant and must be certified to the committing court as part of the 10 record in any proceeding to determine whether the defendant is eligible 11 for release from commitment or eligible for conditional release. 12 (2) If any defendant committed to the custody of the executive 13 director of the department of human services and placed in an institution 14 under his or her THE EXECUTIVE DIRECTOR'S supervision has escaped from 15 an institution for the care and treatment of persons with behavioral, 16 mental health, or substance use disorders in another state, the chief officer 17 is authorized to return the defendant to the institution from which he or 18 she THE DEFENDANT escaped. The chief officer is further authorized to 19 effect the return at the expense of the state of Colorado and under such 20 terms and conditions as the chief officer deems suitable. 21 SECTION 25. In Colorado Revised Statutes, 18-1-803, amend 22 (1) as follows: 23 18-1-803. Impaired mental condition. (1) Evidence of an 24 impaired mental condition, as defined in section 16-8-102 (2.7), C.R.S. 25 (4), though not legal insanity may be offered in a proper case as bearing 26 upon the capacity of the accused to form the culpable mental state which 27 HB25-1058 -41- is an element of the offense charged. 1 SECTION 26. In Colorado Revised Statutes, 25.5-10-237, 2 amend (1) as follows: 3 25.5-10-237. Terminology. (1) Whenever the terms "insane", 4 "insanity", "mentally or mental incompetent", "mental incompetency", or 5 "of unsound mind" are used in the laws of the state of Colorado, they 6 shall be deemed to refer to the insane, as defined in section 16-8-101, 7 C.R.S. SECTIONS 16-8-101 AND 16-8-101.5, or to a person with an 8 intellectual and developmental disability, as defined in section 9 25.5-10-202, as the context of the particular law requires. 10 SECTION 27. In Colorado Revised Statutes, 27-65-127, amend 11 (1)(a) as follows: 12 27-65-127. Imposition of legal disability - deprivation of legal 13 right - restoration - repeal. (1) (a) When an interested person wishes to 14 obtain a determination as to the imposition of a legal disability or the 15 deprivation of a legal right for a person who has a mental health disorder 16 and who is a danger to the person's self or others, is gravely disabled, or 17 is insane, as defined in section 16-8-101 SECTIONS 16-8-101 AND 18 16-8-101.5, and who is not then subject to proceedings pursuant to this 19 article 65 or part 3 or part 4 of article 14 of title 15, the interested person 20 may petition the court for a specific finding as to the legal disability or 21 deprivation of a legal right. Actions commenced pursuant to this 22 subsection (1) may include but are not limited to actions to determine 23 contractual rights and rights with regard to the operation of motor 24 vehicles. 25 SECTION 28. Act subject to petition - effective date. This act 26 takes effect at 12:01 a.m. on the day following the expiration of the 27 HB25-1058 -42- ninety-day period after final adjournment of the general assembly; except 1 that, if a referendum petition is filed pursuant to section 1 (3) of article V 2 of the state constitution against this act or an item, section, or part of this 3 act within such period, then the act, item, section, or part will not take 4 effect unless approved by the people at the general election to be held in 5 November 2026 and, in such case, will take effect on the date of the 6 official declaration of the vote thereon by the governor. 7 HB25-1058 -43-

HOUSE BILL 25-1058 BY REPRESENTATIVE(S) Bradfield and English, Brown, Clifford, Duran, Joseph, Mabrey, Rydin, Zokaie, McCluskie; also SENATOR(S) Michaelson Jenet and Amabile, Cutter, Ball, Gonzales J., Jodeh, Kipp, Marchman, Rodriguez, Weissman, Coleman. CONCERNING MODIFICATIONS TO THE AFFIRMATIVE DEFENSE OF NOT GUILTY BY REASON OF INSANITY. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 16-8-101, amend (3); and repeal (2) as follows: 16-8-101. Insanity defined - offenses committed before July 1, 1995. (2) The term "diseased or defective in mind", as used in subsection (1) of this section, does not refer to an abnormality manifested only by repeated criminal or otherwise antisocial conduct. (3) This section shall apply APPLIES to offenses committed before July 1, 1995. SECTION 2. In Colorado Revised Statutes, 16-8-101.5, amend (3); NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. ________ 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. and repeal (2) as follows: 16-8-101.5. Insanity defined - offenses committed on and after July 1, 1995. (2) As used in this section: (a) "Diseased or defective in mind" does not refer to an abnormality manifested only by repeated criminal or otherwise antisocial conduct. Evidence of knowledge or awareness of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation shall not constitute inability to distinguish right from wrong. (b) "Gender identity" and "gender expression" have the same meaning as in section 18-1-901 (3)(h.5). (c) "Mental disease or defect" includes only those severely abnormal mental conditions that grossly and demonstrably impair a person's perception or understanding of reality and that are not attributable to the voluntary ingestion of alcohol or any other psychoactive substance but does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. (d) "Sexual orientation" has the same meaning as in section 18-9-121 (5)(b). (3) This section shall apply APPLIES to offenses committed on or after July 1, 1995. SECTION 3. In Colorado Revised Statutes, amend 16-8-102 as follows: 16-8-102. Definitions. As used in this article ARTICLE 8, unless the context otherwise requires: (1) and (2) Repealed. (1) "DISEASED OR DEFECTIVE IN MIND" DOES NOT REFER TO AN ABNORMALITY MANIFESTED ONLY BY REPEATED CRIMINAL OR OTHERWISE ANTISOCIAL CONDUCT. EVIDENCE OF KNOWLEDGE OR AWARENESS OF THE VICTIM'S ACTUAL OR PERCEIVED GENDER, GENDER IDENTITY, GENDER EXPRESSION, OR SEXUAL ORIENTATION DOES NOT CONSTITUTE AN INABILITY PAGE 2-HOUSE BILL 25-1058 TO DISTINGUISH RIGHT FROM WRONG. (2.5) (2) "Forensic psychologist" means a licensed psychologist who is board certified in forensic psychology by the American board of professional psychology or who has completed a fellowship in forensic psychology meeting criteria established by the American board of forensic psychology. (3) "GENDER IDENTITY" AND "GENDER EXPRESSION" HAVE THE SAME MEANING AS SET FORTH IN SECTION 18-1-901. (2.7) (4) (a) "Impaired mental condition" means a condition of mind, caused by mental disease or defect that prevents the person from forming the culpable mental state that is an essential element of any crime charged. For the purposes of this subsection (2.7), "mental disease or defect" includes only those severely abnormal mental conditions which grossly and demonstrably impair a person's perception or understanding of reality and which are not attributable to the voluntary ingestion of alcohol or any other psychoactive substance; except that it does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. (b) This subsection (2.7) shall apply only SUBSECTION (4) APPLIES to offenses committed before July 1, 1995. (3) Repealed. (4) (5) "Ineligible for release" means the defendant is suffering from a mental disease or defect which is likely to cause him THE DEFENDANT to be dangerous to himself THE DEFENDANT'S SELF, to others, or to the community, in the reasonably foreseeable future, if he THE DEFENDANT is permitted to remain at liberty. (4.5) (6) "Ineligible to remain on conditional release" means the defendant has violated one or more conditions in his THE DEFENDANT'S release, or the defendant is suffering from a mental disease or defect which is likely to cause him THE DEFENDANT to be dangerous to himself THE DEFENDANT'S SELF, to others, or to the community in the reasonably foreseeable future, if he THE DEFENDANT is permitted to remain on conditional release. PAGE 3-HOUSE BILL 25-1058 (4.7) (7) "Mental disease or defect" means only those severely abnormal mental conditions that grossly and demonstrably impair a person's perception or understanding of reality and that are not attributable to the voluntary ingestion of alcohol or any other psychoactive substance; except that it does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. (5) (8) "Release examination" means a court-ordered examination of a defendant directed to developing evidence relevant to determining whether he THE DEFENDANT is eligible for release. (6) (9) "Release hearing" means a hearing for the purpose of determining whether a defendant previously committed to the department of human services, following a verdict of not guilty by reason of insanity, has become eligible for release. (7) Repealed. (8) (10) "Sanity examination" means a court-ordered examination of a defendant who has entered a plea of not guilty by reason of insanity, directed to developing information relevant to determining the sanity or insanity of the defendant at the time of the commission of the act with which he THE DEFENDANT is charged and also his THE DEFENDANT'S competency to proceed. (11) "SEXUAL ORIENTATION" HAS THE SAME MEANING AS SET FORTH IN SECTION 18-9-121. SECTION 4. In Colorado Revised Statutes, amend 16-8-103 as follows: 16-8-103. Pleading insanity as a defense. (1) (a) The defense of insanity may only be raised by a specific plea entered at the time of arraignment; except that the court, for good cause shown, may permit the plea to be entered at any time prior to trial. The form of the plea shall be IS: "Not guilty by reason of insanity"; and it must be pleaded orally either by the defendant or by the defendant's counsel. A defendant who does not raise the defense as provided in this section shall IS not be permitted to rely upon insanity as a defense to the crime charged but, when charged with a crime requiring a specific intent as an element thereof, may introduce evidence of PAGE 4-HOUSE BILL 25-1058 the defendant's mental condition as bearing upon his or her THE DEFENDANT'S capacity to form the required specific intent. The plea of not guilty by reason of insanity includes the plea of not guilty. (b) This subsection (1) shall apply only APPLIES to offenses committed before July 1, 1995. (1.5) (a) The defense of insanity may only be raised by a specific plea entered at the time of arraignment; except that the court, for good cause shown, may permit the plea to be entered at any time prior to trial. The form of the plea shall be IS: "Not guilty by reason of insanity"; and it must be pleaded orally either by the defendant or by the defendant's counsel. The plea of not guilty by reason of insanity includes the plea of not guilty. (b) This subsection (1.5) shall apply APPLIES to offenses committed on or after July 1, 1995. (2) If counsel for the defendant believes that a plea of not guilty by reason of insanity should be entered on behalf of the defendant but the defendant refuses to permit the entry of the plea, counsel may so inform the court. The court shall then conduct such AN investigation as it deems proper, which may include the appointment of psychiatrists or forensic psychologists to assist in examining the defendant and advising the court. After its investigation, the court shall conduct a hearing to determine whether the plea should be entered. If the court finds that the entry of a plea of not guilty by reason of insanity is necessary for a just determination of the charge against the defendant, it THE COURT shall enter the plea on behalf of the defendant, and the plea so entered shall have HAS the same effect as though it had been voluntarily entered by the defendant. himself or herself. (3) If there has been no A grand jury indictment or preliminary hearing HAS NOT BEEN HELD prior to the entry of the plea of not guilty by reason of insanity, the court shall hold a preliminary hearing prior to the trial of the insanity issue. If probable cause is not established, the case shall MUST be dismissed, but the court may order the district attorney to institute civil proceedings pursuant to article 65 of title 27 C.R.S., if it appears that the protection of the public or the accused requires it A CIVIL PROCEEDING. (4) Before accepting a plea of not guilty by reason of insanity, the court shall advise the defendant of the effect and consequences of the plea. PAGE 5-HOUSE BILL 25-1058 SECTION 5. In Colorado Revised Statutes, amend 16-8-103.5 as follows: 16-8-103.5. Impaired mental condition - when raised - procedure - legislative intent. (1) If the defendant intends to assert the affirmative defense of impaired mental condition, he THE DEFENDANT shall indicate that intention to the court and to the prosecution at the time of arraignment; except that the court, for good cause shown, shall permit the defendant to inform the court and the prosecution of his THE DEFENDANT'S intention to assert the affirmative defense of impaired mental condition at any time prior to trial. (2) If counsel for the defendant believes that an assertion of the affirmative defense of impaired mental condition should be entered on behalf of the defendant but the defendant refuses to permit counsel to offer such evidence, counsel may so inform the court. The court shall then conduct such AN investigation as it deems proper, which may include the appointment of psychiatrists or forensic psychologists to assist in examining the defendant and advising the court. After its investigation, the court shall conduct a hearing to determine whether evidence of impaired mental condition should be offered at trial. If the court finds that such a THE defense OF IMPAIRED MENTAL CONDITION is necessary for a just determination of the charge against the defendant, it THE COURT shall inform the prosecution that such THE defense shall MUST be asserted at trial by the defendant and shall order the defendant's counsel to present evidence at trial on the defense of impaired mental condition. (3) At the time at which WHEN the defendant announces his THE DEFENDANT'S intention to assert the affirmative defense of impaired mental condition, the court shall advise the defendant of the effect and consequences of asserting the defense. (4) When the defendant indicates his THE DEFENDANT'S intention to assert the defense of impaired mental condition, the court shall order an examination of the defendant pursuant to section 16-8-106. The court shall order both the prosecutor and the defendant to exchange the names, addresses, reports, and statements of persons, other than medical experts subject to the provisions of section 16-8-103.6, whom the parties intend to call as witnesses with regard to the affirmative defense of impaired mental condition. PAGE 6-HOUSE BILL 25-1058 (5) If the trier of fact finds the defendant not guilty by reason of impaired mental condition, pursuant to section 18-1-803 (3), C.R.S., the court shall commit the defendant to the custody of the department of human services until such time as he THE DEFENDANT is found eligible for release, pursuant to the standards set forth in sections 16-8-115 and 16-8-120. The executive director of the department of human services shall designate the state facility at which WHERE the defendant shall be held for care and psychiatric treatment and may transfer the defendant from one institution to another if, in the opinion of the EXECUTIVE director, it TRANSFERRING THE DEFENDANT is desirable to do so in the interest of the DEFENDANT'S proper care, custody, and treatment of the defendant or the protection of the public or the personnel of the facilities in question. (6) It is the intent of the general assembly that the assertion of the affirmative defense of impaired mental condition not be made in such a fashion A MANNER that it is used to circumvent the requirements of disclosure specified in rule 16 of the Colorado rules of criminal procedure. (7) A defendant may raise impaired mental condition only through an assertion of affirmative defense. (8) This section shall apply only APPLIES to offenses committed before July 1, 1995. SECTION 6. In Colorado Revised Statutes, amend 16-8-103.6 as follows: 16-8-103.6. Waiver of privilege. (1) (a) A defendant who places his or her THE DEFENDANT'S mental condition at issue by pleading not guilty by reason of insanity pursuant to section 16-8-103, or asserting the affirmative defense of impaired mental condition pursuant to section 16-8-103.5, or disclosing witnesses who may provide evidence concerning the defendant's mental condition during 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, waives any claim of confidentiality or privilege as to communications made by the defendant to a physician or psychologist in the course of an examination or treatment for the mental condition for the purpose of any trial or hearing on the issue of the mental condition, or sentencing hearing conducted pursuant to section 18-1.3-1201 for an offense charged prior to PAGE 7-HOUSE BILL 25-1058 July 1, 2020, or pursuant to section 18-1.3-1302 for an offense charged prior to July 1, 2020. The court shall order both the prosecutor and the defendant to exchange the names, addresses, reports, and statements of any physician or psychologist who has examined or treated the defendant for the mental condition. (b) This subsection (1) shall apply only APPLIES to offenses committed before July 1, 1995. (2) (a) A defendant who places his or her THE DEFENDANT'S mental condition at issue by pleading not guilty by reason of insanity pursuant to section 16-8-103 or disclosing witnesses who may provide evidence concerning the defendant's mental condition during a sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102; or, for offenses committed on or after July 1, 1999, by seeking to introduce evidence concerning his or her THE DEFENDANT'S mental condition pursuant to section 16-8-107 (3) waives any claim of confidentiality or privilege as to communications made by the defendant to a physician or psychologist in the course of an examination or treatment for the mental condition for the purpose of any trial or hearing on the issue of the mental condition, or sentencing hearing conducted pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102. The court shall order both the prosecutor and the defendant to exchange the names, addresses, reports, and statements of any physician or psychologist who has examined or treated the defendant for the mental condition. (b) This subsection (2) shall apply APPLIES to offenses committed on or after July 1, 1995. SECTION 7. In Colorado Revised Statutes, amend 16-8-103.7 as follows: 16-8-103.7. Examination after entry of defenses of insanity and impaired mental condition. (1) (a) When, at the time of arraignment, the defense of insanity is raised pursuant to section 16-8-103, and the defendant asserts his or her THE DEFENDANT'S intention to raise the affirmative defense of impaired mental condition pursuant to section 16-8-103.5, the court shall order one examination of the defendant with regard to both defenses pursuant to section 16-8-106. PAGE 8-HOUSE BILL 25-1058 (b) This subsection (1) shall apply only APPLIES to offenses committed before July 1, 1995. (2) (a) When, at the time of arraignment, the defense of insanity is raised pursuant to section 16-8-103, the court shall order an examination of the defendant with regard to the insanity defense pursuant to section 16-8-106. (b) This subsection (2) shall apply APPLIES to offenses committed on or after July 1, 1995. (3) (a) When the defendant gives notice pursuant to section 16-8-107 (3) that he or she THE DEFENDANT intends to introduce evidence in the nature of expert opinion concerning his or her THE DEFENDANT'S mental condition, the court shall order an examination of the defendant pursuant to section 16-8-106. (b) The provisions of This subsection (3) shall apply APPLIES to offenses committed on or after July 1, 1999. SECTION 8. In Colorado Revised Statutes, amend 16-8-104 as follows: 16-8-104. Separate trial of issues. The issues raised by the plea of not guilty by reason of insanity shall MUST be tried separately to different juries, and the sanity of the defendant shall MUST be tried first. This section shall apply only APPLIES to offenses committed before July 1, 1995. SECTION 9. In Colorado Revised Statutes, amend 16-8-104.5 as follows: 16-8-104.5. Single trial of issues. (1) The issues raised by the plea of not guilty by reason of insanity shall MUST be treated as an affirmative defense and shall MUST be tried at the same proceeding and before the same trier of fact as the charges to which not guilty by reason of insanity is offered as a defense. (2) This section shall apply APPLIES to offenses committed on or after July 1, 1995. PAGE 9-HOUSE BILL 25-1058 SECTION 10. In Colorado Revised Statutes, 16-8-105, amend (1), (4), and (5) as follows: 16-8-105. Procedure after plea for offenses committed before July 1, 1995. (1) When a plea of not guilty by reason of insanity is accepted, the court shall forthwith commit ORDER the defendant for TO UNDERGO a sanity examination, specifying the place and period of commitment WHERE THE EXAMINATION MUST BE CONDUCTED. (4) If the trier of fact finds the defendant not guilty by reason of insanity, the court shall commit the defendant to the custody of the department of human services until such time as he THE DEFENDANT is found eligible for release. The executive director of the department of human services shall designate the state facility at which the defendant shall be held for care and psychiatric treatment and may transfer the defendant from one institution to another if, in the opinion of the EXECUTIVE director, it is desirable to do so in the interest of the DEFENDANT'S proper care, custody, and treatment of the defendant or the protection of the public or the personnel of the facilities in question. (5) This section shall apply APPLIES to offenses committed before July 1, 1995. SECTION 11. In Colorado Revised Statutes, 16-8-105.5, amend (1), (2), and (3) as follows: 16-8-105.5. Procedure after plea for offenses committed on or after July 1, 1995. (1) (a) When a plea of not guilty by reason of insanity is accepted, the court shall forthwith commit ORDER the defendant for TO UNDERGO a sanity examination, specifying the place and period of commitment WHERE THE EXAMINATION MUST BE CONDUCTED. THE COURT, IN CONSULTATION WITH THE DEPARTMENT OF HUMAN SERVICES AND THE PARTIES, SHALL DETERMINE WHETHER THE EXAMINATION REQUIRES THE DEFENDANT TO STAY OVERNIGHT FOR AN EXTENDED EXAMINATION AND THE NUMBER OF DAYS OF THE EXTENDED EXAMINATION. (b) (I) IF THE DEFENDANT IS IN CUSTODY, THE EXAMINATION MAY BE CONDUCTED AT THE JAIL OR PLACE OF CONFINEMENT OR AT A FACILITY OPERATED BY OR UNDER CONTRACT WITH THE DEPARTMENT OF HUMAN SERVICES. IF THE DEFENDANT IS IN CUSTODY AND THE COURT DETERMINES PAGE 10-HOUSE BILL 25-1058 THE EXAMINATION MUST BE CONDUCTED AT A FACILITY OPERATED BY OR UNDER CONTRACT WITH THE DEPARTMENT OF HUMAN SERVICES, THE COURT SHALL ORDER THE DEPARTMENT OF HUMAN SERVICES TO TAKE CUSTODY OF THE DEFENDANT TO CONDUCT THE EXAMINATION AND RETURN THE DEFENDANT TO THE ORIGINAL PLACE OF CUSTODY AFTER THE EXAMINATION IS COMPLETE. (II) IF THE DEFENDANT IS AT LIBERTY ON SUMMONS OR ON BOND, THE EXAMINATION MAY BE CONDUCTED AT A FACILITY OPERATED BY OR CONTRACTED WITH THE DEPARTMENT OF HUMAN SERVICES OR AT AN OUT-OF-CUSTODY LOCATION THAT THE COURT AND DEPARTMENT OF HUMAN SERVICES DETERMINE IS APPROPRIATE. (2) Upon receiving the report of the sanity examination, the court shall immediately set the case for trial. Every person is presumed to be sane; but, once any evidence of insanity is introduced, the people have PROSECUTION HAS the burden of proving sanity beyond a reasonable doubt. (3) When the affirmative defense of not guilty by reason of insanity has been raised, the jury shall MUST be given special verdict forms containing interrogatories. The trier of fact shall decide first the question of guilt as to felony charges that are before the court. If the trier of fact concludes that guilt has been proven beyond a reasonable doubt as to one or more of the felony charges submitted for consideration, the special interrogatories shall MUST not be answered. Upon completion of its deliberations on the felony charges as previously set forth in this subsection (3), the trier of fact shall consider any other charges before the court in a similar manner; except that it THE TRIER OF FACT shall not answer the special interrogatories regarding such THE charges if it THE TRIER OF FACT has previously found guilt beyond a reasonable doubt with respect to one or more felony charges. The interrogatories shall MUST provide for specific findings of the jury with respect to the affirmative defense of not guilty by reason of insanity. When the court sits as the trier of fact, it THE COURT shall enter appropriate specific findings with respect to the affirmative defense of not guilty by reason of insanity. SECTION 12. In Colorado Revised Statutes, 16-8-106, amend (1)(a), (1)(b), (2)(a), (2)(b), (3), and (7) introductory portion as follows: 16-8-106. Examinations and report. (1) (a) All examinations PAGE 11-HOUSE BILL 25-1058 ordered by the court in criminal cases shall MUST be accomplished by the entry of an order of the court specifying the place where such THE examination is to be conducted and the period of time allocated for such THE examination. The defendant may be committed for such THE examination to the Colorado psychiatric hospital in Denver, the Colorado mental health institute at Pueblo A STATE-RUN MENTAL HEALTH HOSPITAL, the place where he or she THE DEFENDANT is in custody, or such ANY other public institution designated by the court. In determining the place where such THE examination is to be conducted, the court shall give priority to the place where the defendant is in custody, unless the nature and circumstances of the examination require designation of a different facility. ONE OR MORE PSYCHIATRISTS OR FORENSIC PSYCHOLOGISTS SHALL OBSERVE the defendant shall be observed and examined by one or more psychiatrists or forensic psychologists during such A period as the court directs. For good cause shown, upon motion of the prosecution or defendant, or upon the court's own motion, the court may order such ANY further or other examination as is advisable under the circumstances. Nothing in This section shall DOES NOT abridge the right of the defendant to procure an examination as provided in section 16-8-108. (b) (I) An interview conducted PURSUANT TO THIS SECTION in any case that includes a class 1 or class 2 felony charge or a felony sex offense charge described in section 18-3-402, 18-3-404, 18-3-405, or 18-3-405.5 C.R.S., pursuant to this section must be video and audio recorded and preserved, EXCEPT AS PROVIDED IN SUBSECTION (1)(c) OF THIS SECTION. The court shall advise the defendant that any examination with a psychiatrist or forensic psychologist may be video and audio recorded. A copy of the recording must be provided to all parties and the court with the examination report. Any jail or other facility where the court orders the examination to take place must SHALL permit the recording to occur and must SHALL provide the space and equipment necessary for such THE recording. If space and equipment are not available, the sheriff or facility director shall attempt to coordinate a location and the availability of equipment with the court, which AND THE COURT may consult with the district attorney and defense counsel for an agreed-upon location. If no AN agreement is NOT reached, and upon the request of either the defense counsel or district attorney, the court shall order the location of the examination, which may include the Colorado mental health institute at Pueblo A STATE-RUN MENTAL HEALTH HOSPITAL. PAGE 12-HOUSE BILL 25-1058 (II) IN ORDER TO PROTECT THE PRESUMPTION OF INNOCENCE, IF THE EXAMINATION IS RECORDED, THE DEFENDANT MUST NOT BE DRESSED IN PRISON OR JAIL CLOTHING. THIS SUBSECTION (1)(b)(II) DOES NOT REQUIRE OR PROHIBIT THE USE OF RESTRAINTS, AND THE EXAMINATION MAY BE STOPPED OR PAUSED IN ORDER TO APPLY RESTRAINTS ON THE DEFENDANT TO ENSURE THE SAFETY OF THE EVALUATOR, THE DEFENDANT, OR OTHERS, AS LONG AS THE RESTRAINTS ARE NOT VISIBLE ON THE RECORDING. (2) (a) The defendant shall have HAS a privilege against self-incrimination during the course of an examination under CONDUCTED PURSUANT TO this section. The fact of the defendant's noncooperation with psychiatrists, forensic psychologists, and other personnel conducting the examination may be admissible in the defendant's trial on the issue of insanity or impaired mental condition and in any sentencing hearing held pursuant to section 18-1.3-1201 or 18-1.3-1302. C.R.S. This paragraph (a) shall apply only SUBSECTION (2)(a) APPLIES to offenses committed before July 1, 1995. (b) The defendant shall have HAS a privilege against self-incrimination during the course of an examination under CONDUCTED PURSUANT TO this section. The fact of the defendant's noncooperation with psychiatrists, forensic psychologists, and other personnel conducting the examination may be admissible in the defendant's trial on the issue of insanity and in any sentencing hearing held pursuant to section 18-1.3-1201 or 18-1.4-102. C.R.S. This paragraph (b) shall apply SUBSECTION (2)(b) APPLIES to offenses committed on or after July 1, 1995, but prior to July 1, 1999. (3) (a) To aid in forming an opinion as to REGARDING the DEFENDANT'S mental condition, of the defendant, it is permissible in the course of an examination under CONDUCTED 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 psychiatrists, forensic psychologists, and other personnel conducting the examination, an opinion of the DEFENDANT'S mental condition of the defendant may be rendered by such THE psychiatrists, forensic psychologists, or other personnel based upon such THE DEFENDANT'S confessions AND admissions and any other evidence of PAGE 13-HOUSE BILL 25-1058 the circumstances surrounding the commission of the offense, as well as the DEFENDANT'S known medical and social history, of the defendant, and such THE opinion may be admissible into evidence at trial and in any sentencing hearing held pursuant to section 18-1.3-1201 or 18-1.3-1302. C.R.S. It shall also be permissible to conduct a narcoanalytic interview of the defendant with such drugs as are medically appropriate and to subject the defendant to polygraph examination. In any trial or hearing on the issue of the defendant's sanity, eligibility for release, or impaired mental condition, and in any sentencing hearing held pursuant to section 18-1.3-1201 or 18-1.3-1302, C.R.S., the physicians and other personnel conducting the examination may testify to the results of any such procedures and the statements and reactions of the defendant insofar as the same entered into the formation of their opinions as to the mental condition of the defendant both at the time of the commission of the alleged offense and at the present time. This paragraph (a) shall apply only THIS SUBSECTION (3)(a) APPLIES to offenses committed before July 1, 1995. (b) To aid in forming an opinion as to REGARDING the DEFENDANT'S mental condition, of the defendant, it is permissible in the course of an examination under CONDUCTED 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 psychiatrists, forensic psychologists, and other personnel conducting the examination, an opinion of the DEFENDANT'S mental condition of the defendant may be rendered by such THE psychiatrists, forensic psychologists, or other personnel based upon such THE DEFENDANT'S confessions AND 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 such THE opinion may be admissible into evidence at trial and in any sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102. It shall also be permissible to conduct a narcoanalytic interview of the defendant with such drugs as are medically appropriate and to subject the defendant to polygraph examination. In any trial or hearing on the issue of the defendant's sanity or eligibility for release, and in any sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102, the physicians and other personnel conducting the examination PAGE 14-HOUSE BILL 25-1058 may testify to the results of any such procedures and the statements and reactions of the defendant insofar as the same entered into the formation of their opinions as to the mental condition of the defendant both at the time of the commission of the alleged offense and at the present time. This subsection (3)(b) applies to offenses committed on or after July 1, 1995. (c) For offenses committed on or after July 1, 1999, when a defendant undergoes an examination pursuant to the provisions of paragraph (b) of this subsection (3) SUBSECTION (3)(b) OF THIS SECTION because the defendant has given notice pursuant to section 16-8-107 (3) that he or she THE DEFENDANT intends to introduce expert opinion evidence concerning his or her THE DEFENDANT'S mental condition, the physicians, forensic psychologists, and other personnel conducting the examination may testify to the results of any such procedures and the DEFENDANT'S statements and reactions of the defendant insofar as such IF THE statements and reactions entered into the formation of their THE EXPERTS' opinions as to REGARDING the DEFENDANT'S mental condition. of the defendant. (7) With respect to offenses committed on or after July 1, 1999, when a defendant has undergone an examination pursuant to the provisions of this section because the defendant has given notice pursuant to section 16-8-107 (3) that he or she THE DEFENDANT intends to introduce expert opinion evidence concerning his or her THE DEFENDANT'S mental condition, the report of examination shall REPORT MUST include, but is not limited to, the items described in subsections (5)(a), (5)(b), and (5)(c) of this section, and: SECTION 13. In Colorado Revised Statutes, 16-8-107, amend (1)(a), (1)(c), (1.5)(a), (1.5)(c), (3)(b), and (3)(c) as follows: 16-8-107. Evidence. (1) (a) Except as provided in this subsection (1), no evidence acquired directly or indirectly for the first time from a communication derived from the defendant's mental processes during the course of a court-ordered examination under PURSUANT TO section 16-8-106 or acquired pursuant to section 16-8-103.6 is NOT admissible against the defendant on the issues raised by a plea of not guilty, if the defendant is put to trial on those issues, except to rebut evidence of his or her THE DEFENDANT'S mental condition introduced by the defendant to show incapacity to form a culpable mental state; and, in such case, that evidence may be considered by the trier of fact only as bearing upon the question of PAGE 15-HOUSE BILL 25-1058 capacity to form a culpable mental state, and the jury, at the request of either party, shall MUST be so instructed. (c) If the defendant testifies in his or her ON THE DEFENDANT'S own behalf upon the trial of the issues raised by the plea of not guilty, 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, the provisions of this section shall DOES not bar any evidence used to impeach or rebut the defendant's testimony. (1.5) (a) Except as otherwise provided in this subsection (1.5), evidence acquired directly or indirectly for the first time from a communication derived from the defendant's mental processes during the course of a court-ordered examination pursuant to section 16-8-106 or acquired pursuant to section 16-8-103.6 is admissible only as to the issues raised by the defendant's plea of not guilty by reason of insanity, and the jury, at the request of either party, shall MUST be so instructed; except that, for offenses committed on or after July 1, 1999, such THE evidence shall IS also be admissible as to the defendant's mental condition if the defendant undergoes the examination because the defendant has given notice pursuant to subsection (3) of this section that he or she THE DEFENDANT intends to introduce expert opinion evidence concerning his or her THE DEFENDANT'S mental condition. (c) If the defendant testifies in his or her ON THE DEFENDANT'S own behalf, the provisions of this section shall DOES not bar any evidence used to impeach or rebut the defendant's testimony. This subsection (1.5) shall apply APPLIES to offenses committed on or after July 1, 1995. (3) (b) Regardless of whether a defendant enters a plea of not guilty by reason of insanity pursuant to section 16-8-103, the defendant shall not be IS NOT permitted to introduce evidence in the nature of expert opinion concerning his or her THE DEFENDANT'S mental condition without having first given notice to the court and the prosecution of his or her THE DEFENDANT'S intent to introduce such THE evidence and without having undergone a court-ordered examination pursuant to section 16-8-106. A defendant who places his or her THE DEFENDANT'S mental condition at issue by giving such notice waives any claim of confidentiality or privilege as provided in section 16-8-103.6. Such THE notice shall MUST be given at the PAGE 16-HOUSE BILL 25-1058 time of arraignment; except that the court, for good cause shown, shall permit the defendant to inform the court and prosecution of the intent to introduce such evidence at any time prior to trial. Any period of delay caused by the examination and report provided for in section 16-8-106 shall MUST be excluded, as provided in section 18-1-405 (6)(a), C.R.S., from the time within which the defendant must be brought to trial. (c) The provisions of This subsection (3) shall apply APPLIES to offenses committed on or after July 1, 1999. SECTION 14. In Colorado Revised Statutes, 16-8-108, amend (1)(a) as follows: 16-8-108. Examination at instance of defendant. (1) (a) If the defendant wishes to be examined by a psychiatrist, psychologist, or other expert of his THE DEFENDANT'S own choice in connection with any proceeding under this article ARTICLE 8, the court, upon timely motion, shall order that the examiner chosen by the defendant be given reasonable opportunity to conduct the examination. An interview conducted pursuant to a court order under this section must be video and audio recorded and preserved, EXCEPT AS PROVIDED IN SUBSECTION (1)(b) OF THIS SECTION. The court shall advise the defendant that any examination with a psychiatrist or forensic psychologist may be audio and video recorded. A copy of the recording must be provided to the prosecution with the examination report. Any jail or other facility where the court orders the examination to take place must SHALL permit the recording to occur and must SHALL provide the space and equipment necessary for such THE recording, if available. If space and equipment are not available, the sheriff or facility director shall attempt to coordinate a location and the availability of equipment with the court, which AND THE COURT may consult with the district attorney and defense counsel for an agreed-upon location. If no AN agreement is NOT reached, and upon the request of either the defense counsel or district attorney, the court shall order the location of the examination, which may include the Colorado mental health institute at Pueblo A STATE-RUN MENTAL HEALTH HOSPITAL. SECTION 15. In Colorado Revised Statutes, amend 16-8-109 as follows: 16-8-109. Testimony of lay witnesses. In any trial or hearing in PAGE 17-HOUSE BILL 25-1058 which THE DEFENDANT'S mental condition of the defendant is an issue, witnesses A WITNESS not specially trained in psychiatry or psychology may testify as to their THE WITNESS'S observation of the defendant's actions and conduct, and as to conversations which they have THAT THE WITNESS HAS had with him THE DEFENDANT bearing upon his THE DEFENDANT'S mental condition, and they shall THE WITNESS MUST be permitted to give their opinions or conclusions concerning THE DEFENDANT'S mental condition. of the defendant. SECTION 16. In Colorado Revised Statutes, 16-8-114, amend (3) as follows: 16-8-114. Evidence concerning competency - inadmissibility. (3) (a) Evidence of any determination as to the defendant's competency or incompetency is not admissible on the issues raised by the pleas of not guilty or not guilty by reason of insanity or the affirmative defense of impaired mental condition. This paragraph (a) shall apply only SUBSECTION (3)(a) APPLIES to offenses committed before July 1, 1995. (b) Evidence of any determination as to the defendant's competency or incompetency is not admissible on the issues raised by the pleas of not guilty or not guilty by reason of insanity. This paragraph (b) shall apply SUBSECTION (3)(b) APPLIES to offenses committed on or after July 1, 1995. SECTION 17. In Colorado Revised Statutes, 16-8-115, amend (1)(b), (1)(c), (1.5), (2), (3)(b), (3)(c), (4)(a.5), (4)(f), (4)(g)(XXI), and (4)(i)(I) as follows: 16-8-115. Release from commitment after verdict of not guilty by reason of insanity or not guilty by reason of impaired mental condition - definitions. (1) (b) Following the initial release hearing pursuant to subsection (1)(a) of this section, the court may order a release hearing at any time on its own motion, on motion of the prosecuting attorney, or on motion of the defendant. The court shall order a release hearing upon receipt of the report of the chief officer of the institution in which HOSPITAL WHERE the defendant is committed, OR THE CHIEF OFFICER'S DESIGNEE, that the defendant no longer requires hospitalization, as provided in section 16-8-116. Except for the initial release hearing, unless the court for good cause shown permits, the defendant is not entitled to a hearing within one year subsequent to a previous hearing. PAGE 18-HOUSE BILL 25-1058 (c) Beginning September 1, 2022, the chief officer of the institution in which HOSPITAL WHERE the defendant is committed, OR THE CHIEF OFFICER'S DESIGNEE, shall annually submit a release examination report to the court certifying whether the defendant continues to meet the criteria for ongoing inpatient hospitalization or meets the applicable test for release pursuant to section 16-8-120. The report must be submitted each year by the date on which the defendant was initially committed for inpatient hospitalization unless another release examination is ordered within the twelve months preceding such THE date. The release examination report must include the information required for a release examination pursuant to subsection (2.5) of this section. The institution HOSPITAL shall provide a copy of the report to the defendant, the prosecuting attorney, and any other attorney of record. Upon receipt and after review of the report, the court may order a release hearing on its own motion, on motion of the prosecuting attorney, or on motion of the defendant. (1.5) (a) Any victim of any crime or any member of such THE victim's immediate family, if the victim has died or is a minor, the perpetrator of which has been found not guilty by reason of insanity or not guilty by reason of impaired mental condition, shall be notified by the court in a timely manner prior to any hearing for release of the perpetrator held pursuant to subsection (1) of this section, if such THE victim or family member can reasonably be located. This paragraph (a) shall apply only SUBSECTION (1.5)(a) APPLIES to offenses committed before July 1, 1995. (b) Any victim of any crime or any member of such THE victim's immediate family, if the victim has died or is a minor, the perpetrator of which has been found not guilty by reason of insanity, shall be notified by the court in a timely manner prior to any hearing for release of the perpetrator held pursuant to subsection (1) of this section, if such THE victim or family member can reasonably be located. This paragraph (b) shall apply SUBSECTION (1.5)(b) APPLIES to offenses committed on or after July 1, 1995. (2) (a) The court shall order a release examination of the defendant when a current one has not already been furnished or when either the prosecution or defense moves for an examination of the defendant at a different institution HOSPITAL or by different experts. The court may order any additional or supplemental examination, investigation, or study that it THE COURT deems necessary to a proper consideration and determination of PAGE 19-HOUSE BILL 25-1058 the question of eligibility for release. The court shall set the matter for release hearing after it THE COURT has received all of the reports that it THE COURT has ordered under PURSUANT TO this section. When none of said THE reports indicates that the defendant is eligible for release, the defendant's request for A release hearing shall be denied by the court if the defendant is unable to show by way of an offer of proof any evidence by a medical expert in mental disorders that would indicate that the defendant is eligible for release. For the purposes of this subsection (2), "medical expert in mental disorders" means a physician licensed under the provisions of PURSUANT TO article 240 of title 12, a psychologist licensed under the provisions of PURSUANT TO article 245 of title 12, a psychiatric technician licensed under the provisions of PURSUANT TO article 295 of title 12, a registered professional nurse, as defined in section 12-255-104 (11), who by reason of postgraduate education and additional nursing preparation has gained knowledge, judgment, and skill in psychiatric or mental health nursing, or a social worker licensed under the provisions of PURSUANT TO part 4 of article 245 of title 12. The release hearing shall be to the court or, on demand by the defendant, to a jury of not to exceed COMPOSED OF NOT MORE THAN six persons. At the release hearing, if any evidence of insanity is introduced, the defendant has the burden of proving restoration of sanity by a preponderance of the evidence; if any evidence of ineligibility for release by reason of impaired mental condition is introduced, the defendant has the burden of proving, by a preponderance of the evidence, that the defendant is eligible for release by no longer having an impaired mental condition. This subsection (2)(a) shall apply only APPLIES to offenses committed before July 1, 1995. (b) The court shall order a release examination of the defendant when a current one has not already been furnished or when either the prosecution or defense moves for an examination of the defendant at a different institution HOSPITAL or by different experts. The court may order any additional or supplemental examination, investigation, or study that it THE COURT deems necessary to a proper consideration and determination of the question of eligibility for release. The court shall set the matter for release hearing after it THE COURT has received all of the reports that it has THE COURT ordered under PURSUANT TO this section. When none of the reports indicates that the defendant is eligible for release, THE COURT SHALL DENY the defendant's request for A release hearing shall be denied by the court if the defendant is unable to show by way of an offer of proof any evidence by a medical expert in mental disorders that would indicate that PAGE 20-HOUSE BILL 25-1058 the defendant is eligible for release. For the purposes of this subsection (2), "medical expert in mental disorders" means a physician licensed under the provisions of PURSUANT TO article 240 of title 12, a psychologist licensed under the provisions of PURSUANT TO article 245 of title 12, a psychiatric technician licensed under the provisions of PURSUANT TO article 295 of title 12, a registered professional nurse as, defined in section 12-255-104 (11), who by reason of postgraduate education and additional nursing preparation has gained knowledge, judgment, and skill in psychiatric or mental health nursing, or a social worker licensed under the provisions of PURSUANT TO part 4 of article 245 of title 12. The release hearing shall be to the court or, on demand by the defendant, to a jury composed of not more than six persons. At the release hearing, if any evidence that the defendant does not meet the release criteria is introduced, the defendant has the burden of proving by a preponderance of the evidence that the defendant has no DOES NOT HAVE AN abnormal mental condition that would be likely to cause the defendant to be dangerous either to himself or herself THE DEFENDANT'S SELF or to others or to the community in the reasonably foreseeable future. This subsection (2)(b) shall apply APPLIES to offenses committed on or after July 1, 1995. (3) (b) When a defendant is conditionally released, the chief officer of the institution in which HOSPITAL WHERE the defendant is committed, OR THE CHIEF OFFICER'S DESIGNEE, shall forthwith give written notice of the terms and conditions of such THE release to the executive director of the department of human services and to the director of any behavioral health safety net provider that may be charged with THE DEFENDANT'S continued treatment. of the defendant. The director of such THE behavioral health safety net provider shall make written reports every three months to the executive director of the department of human services and to the district attorney for the judicial district where the defendant was committed and to the district attorney for any judicial district where the defendant may be required to receive treatment concerning the DEFENDANT'S treatment and status. of the defendant. Such THE reports shall MUST include all known violations of the terms and conditions of the defendant's release and any changes in the defendant's mental status that would indicate that the defendant has become ineligible to remain on conditional release. as defined in section 16-8-102 (4.5). (c) A defendant who has been conditionally released remains under the supervision of the department of human services until the committing PAGE 21-HOUSE BILL 25-1058 court enters a final order of unconditional release. When a defendant fails to comply with any conditions of his THE DEFENDANT'S release requiring him THE DEFENDANT to establish, maintain, and reside at a specific residence and his THE DEFENDANT'S whereabouts have therefore become unknown to the authorities charged with his THE DEFENDANT'S supervision or when the defendant leaves the state of Colorado without the consent of the committing court, the defendant's absence from supervision shall constitute CONSTITUTES unauthorized absence, as defined in section 18-8-208.2. Such offense occurs in the county in which the defendant is authorized to reside. (4) (a.5) In addition to any terms and conditions of release imposed pursuant to subsection (3) of this section, a court may order a defendant, as a condition of release, to register with the local law enforcement agency of the jurisdiction in which the defendant resides if the court finds that the chief officer of the institution in which HOSPITAL WHERE the defendant has been committed, OR THE CHIEF OFFICER'S DESIGNEE, recommends registration based on information obtained from the defendant during the course of treatment that indicates the defendant has committed an offense involving unlawful sexual behavior. (f) The local law enforcement agency shall transmit any registrations received pursuant to paragraph (e) of this subsection (4) SUBSECTION (4)(e) OF THIS SECTION to the Colorado bureau of investigation within three business days following receipt OF THE REGISTRATION. The Colorado bureau of investigation shall include any registration information received pursuant to this section in the central registry established pursuant to section 16-22-110 and shall specify that the information applies to a defendant required to register as a condition of release pursuant to this section. The forms completed by defendants A DEFENDANT required to register as a condition of release pursuant to this subsection (4) shall be ARE confidential and shall MUST not be open to inspection except as provided in paragraph (e) of subsection (3) SUBSECTION (3)(e) of this section and except as provided for release of information to the public pursuant to sections 16-22-110 (6) and 16-22-112. (g) As used in this subsection (4), "an offense involving unlawful sexual behavior" means any of the following offenses: (XXI) Criminal attempt, conspiracy, or solicitation to commit any PAGE 22-HOUSE BILL 25-1058 of the offenses specified in this paragraph (g) SUBSECTION (4)(g). (i) (I) Any defendant required to register as a condition of release pursuant to this subsection (4), upon completion of a period of not less than twenty years from the date the defendant is placed on conditional release, may petition the district court for an order that discontinues the requirement for such registration and removes the defendant's name from the central registry established pursuant to section 16-22-110. The court may issue such AN order only if the court makes written findings of fact that the defendant has neither been convicted nor found not guilty by reason of insanity of an offense involving unlawful sexual behavior subsequent to his or her THE DEFENDANT'S conditional release and that the defendant would not pose an undue threat to the community if allowed to live in the community without registration. SECTION 18. In Colorado Revised Statutes, 16-8-115.5, amend (3), (4), (5), (6)(a), (6)(b), and (8) as follows: 16-8-115.5. Enforcement and revocation of conditional release from commitment. (3) Whenever the superintendent of the Colorado mental health institute at Pueblo DIRECTOR OF FORENSIC SERVICES IN THE DEPARTMENT OF HUMAN SERVICES, OR THE DIRECTOR'S DESIGNEE, has probable cause to believe that such THE defendant has become ineligible to remain on conditional release, as defined in section 16-8-102 (4.5), said superintendent THE DIRECTOR, OR THE DIRECTOR'S DESIGNEE, shall notify the district attorney for the judicial district where the defendant was committed. The superintendent DIRECTOR, OR THE DIRECTOR'S DESIGNEE, or the district attorney shall apply for a warrant to be directed to the sheriff or a peace officer in the jurisdiction in which WHERE the defendant resides or may be found, commanding such THE sheriff or peace officer to take custody of the defendant. The application shall MUST include the order conditionally releasing the defendant pursuant to section 16-8-115 (3) and supporting documentation showing that THE defendant has become ineligible to remain on conditional release. as defined in section 16-8-102 (4.5). The committing court and the district court for the tenth judicial district are authorized to issue such a warrant pursuant to the provisions of section 16-1-106. The superintendent DIRECTOR, OR THE DIRECTOR'S DESIGNEE, shall mail a copy of the application to the committing court and the district attorney in the committing jurisdiction. PAGE 23-HOUSE BILL 25-1058 (4) The sheriff or peace officer to whom the warrant is directed pursuant to subsection (3) of this section shall take all necessary legal action to take custody of the defendant. A sheriff shall deliver the defendant immediately to the Colorado mental health institute at Pueblo, which HOSPITAL WHERE THE DEFENDANT WAS COMMITTED, AND THE HOSPITAL shall provide care and security for the defendant. If any other peace officer takes custody of the defendant, such THE peace officer shall deliver the defendant to the custody of the sheriff of the jurisdiction in which WHERE the defendant was found, and such THE sheriff shall comply with the provisions of this subsection (4). (5) The Colorado mental health institute at Pueblo HOSPITAL WHERE THE DEFENDANT WAS COMMITTED shall examine the defendant to evaluate the defendant's ability to remain on conditional release. The examination shall MUST be consistent with the procedure provided in section 16-8-106. If the defendant refuses to submit to and cooperate with the examination, the committing court shall revoke the conditional release. The examination shall MUST be completed within twenty-one days after the defendant has been delivered to the institute HOSPITAL as a result of the defendant's arrest. The institute HOSPITAL shall mail or deliver a written report of the examination to the committing court and the district attorney in the committing jurisdiction promptly after the examination is completed. The defendant may request an examination as provided in section 16-8-108. (6) (a) The district attorney for the judicial district where the defendant was committed may file in the committing court a petition for the revocation of the defendant's conditional release. The petition shall MUST set forth the name of the defendant, an allegation that the defendant has become ineligible to remain on conditional release, as defined in section 16-8-102 (4.5), and the substance of the evidence sustaining the allegation. (b) If the district attorney for the committing judicial district does not file a petition for revocation, as provided in paragraph (a) of this subsection (6) SUBSECTION (6)(a) OF THIS SECTION, within ten days after the defendant is delivered to the Colorado mental health institute at Pueblo HOSPITAL WHERE THE DEFENDANT WAS COMMITTED, the defendant shall MUST be immediately released from custody; except that, upon a showing of good cause by the district attorney, the court may grant a reasonable extension of time to file the petition for revocation. PAGE 24-HOUSE BILL 25-1058 (8) Within thirty-five days after the defendant is delivered to the Colorado mental health institute in Pueblo HOSPITAL WHERE THE DEFENDANT WAS COMMITTED pursuant to subsection (4) of this section, and if the defendant is not released from custody pursuant to paragraph (b) of subsection (6) SUBSECTION (6)(b) of this section, the committing court shall hold a hearing on the petition for revocation of conditional release. At such THE hearing, any evidence having probative value shall be IS admissible, but the defendant shall be IS permitted to offer testimony and to call, confront, and cross-examine witnesses. If the court finds by a preponderance of the evidence that the defendant has become ineligible to remain on conditional release, as defined in section 16-8-102 (4.5), it shall THE COURT MUST enter an order revoking the defendant's conditional release and recommitting the defendant. At any time thereafter, the defendant may be afforded a release hearing as provided in section 16-8-115. If the court does not find by a preponderance of the evidence that the defendant has become ineligible to remain on conditional release, as defined in section 16-8-102 (4.5), it THE COURT shall dismiss the petition and reinstate or modify the original order of conditional release. SECTION 19. In Colorado Revised Statutes, amend 16-8-116 as follows: 16-8-116. Release by department of human services authority. (1) AFTER A FINDING OF NOT GUILTY BY REASON OF INSANITY, when the chief officer of the institution in which HOSPITAL WHERE a defendant has been committed, after a finding of not guilty by reason of insanity OR THE CHIEF OFFICER'S DESIGNEE, OR THE DIRECTOR OF FORENSIC SERVICES IN THE DEPARTMENT OF HUMAN SERVICES, OR THE DIRECTOR'S DESIGNEE, WHO HAS BEEN SUPERVISING THE DEFENDANT'S CONDITIONAL RELEASE, determines that the defendant no longer requires hospitalization OR SUPERVISION because he THE DEFENDANT no longer suffers from a mental disease or defect which THAT is likely to cause him THE DEFENDANT to be dangerous to himself A DANGER TO THE DEFENDANT'S SELF, to others, or to the community in the reasonably foreseeable future, such THE chief officer OR THE CHIEF OFFICER'S DESIGNEE, OR THE DIRECTOR OR THE DIRECTOR'S DESIGNEE, shall report this THE determination to the court that committed the defendant and the prosecuting attorney, including in the report a report of examination equivalent to a release examination. The clerk of the court shall forthwith furnish a copy of the report to counsel for the defendant. PAGE 25-HOUSE BILL 25-1058 (2) Within thirty-five days after receiving the report of the chief officer of the institution having custody of the defendant OR THE CHIEF OFFICER'S DESIGNEE, OR THE DIRECTOR OR THE DIRECTOR'S DESIGNEE, the court shall set a hearing on the discharge of the defendant in accordance with section 16-8-115, whether or not such THE report is contested. (3) Repealed. SECTION 20. In Colorado Revised Statutes, amend 16-8-117 as follows: 16-8-117. Advisement on matters to be determined. When a determination is to be made as to a defendant's eligibility for release, the court shall explain to the defendant the nature and consequences of the proceeding and the rights of the defendant under PURSUANT TO this section, including his or her THE DEFENDANT'S right to a jury trial upon the question of eligibility for release. The defendant, if he or she THE DEFENDANT wishes to contest the question, may request a hearing which shall then THAT MUST be granted as a matter of right. At the hearing, the defendant and the prosecuting attorney are entitled to be present in person, to examine any reports of examination or other matter to be considered by the court as bearing upon the determination, to introduce evidence, summon witnesses, cross-examine witnesses for the other side or the court, and to make opening and closing statements and argument. The court may examine or cross-examine any witness called by the defendant or prosecuting attorney and may summon and examine witnesses on its own motion. SECTION 21. In Colorado Revised Statutes, 16-8-118, amend (1), (1.5), (2)(a.5), and (2)(b) as follows: 16-8-118. Temporary removal for treatment and rehabilitation. (1) The chief officer of the institution in which WHERE a defendant has been committed under this article ARTICLE 8 or article 8.5 of this title TITLE 16, OR THE CHIEF OFFICER'S DESIGNEE, may authorize treatment and rehabilitation activities involving temporary physical removal of such person THE DEFENDANT from the institution in which WHERE the defendant has been placed, if prior to such THE authorization the following procedures are carried out: (a) Such THE chief officer, OR THE CHIEF OFFICER'S DESIGNEE, shall PAGE 26-HOUSE BILL 25-1058 give written notice by certified mail, with return receipt requested, to the committing court and the district attorney that on or after thirty-five days from the date of mailing such THE notice, he or she THE CHIEF OFFICER, OR THE CHIEF OFFICER'S DESIGNEE, will authorize treatment and rehabilitation activities involving temporary physical removal of the defendant from the institution, unless written objections to such THE authorization are received by him or her THE CHIEF OFFICER, OR THE CHIEF OFFICER'S DESIGNEE, within thirty-five days from the date of mailing such THE notice. (b) The clerk of the committing court shall deliver a copy of the notice mentioned in paragraph (a) of this subsection (1) DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION to the attorney of record for the defendant. The district attorney or the attorney of record for the defendant may file objections with the clerk of the committing court to the proposed action of the chief officer of the institution in which such WHERE THE defendant is held, OR THE CHIEF OFFICER'S DESIGNEE. THE PARTY MAKING THE OBJECTIONS SHALL DELIVER a copy of any such THE objections, shall be delivered by the party making such objections, either by mail or by personal service, to such THE chief officer, OR THE CHIEF OFFICER'S DESIGNEE, prior to the expiration of thirty-five days from the mailing of the notice by the chief officer of the institution, OR THE CHIEF OFFICER'S DESIGNEE. (c) In the event that objections are filed and served as provided in paragraphs (a) and (b) of this subsection (1) SUBSECTIONS (1)(a) AND (1)(b) OF THIS SECTION, the committing court shall fix a time for a hearing upon the objections, and no removal of the defendant from the institution in which he WHERE THE DEFENDANT is held shall be IS authorized unless and until approval thereof is given by the committing court following such THE hearing. (1.5) The chief officer of the institution, OR THE CHIEF OFFICER'S DESIGNEE, is authorized to allow a defendant, without court authorization as set forth DESCRIBED in subsection (1) of this section, to leave the physical premises of the treatment or habilitation facility for needed medical treatment at a hospital, clinic, or other health-care facility, so long as the defendant is accompanied by staff from the facility. (2) (a.5) A court may order any defendant who receives treatment and rehabilitation activities involving temporary physical removal of the defendant from the institution to register with the local law enforcement PAGE 27-HOUSE BILL 25-1058 agency of the jurisdiction in which WHERE the defendant resides if the court finds that the chief officer of the institution in which WHERE the defendant has been committed, OR THE CHIEF OFFICER'S DESIGNEE, recommends registration based on information obtained from the defendant during the course of treatment that indicates the defendant has committed an offense involving unlawful sexual behavior. (b) Prior to temporary physical removal from the institution of any defendant who is required to register pursuant to this subsection (2), the department of human services shall obtain from the defendant the address at which WHERE the defendant plans to reside and THE DEPARTMENT shall notify the local law enforcement agency of the jurisdiction in which WHERE the defendant plans to reside and the Colorado bureau of investigation as provided in section 16-8-115 (4)(c). SECTION 22. In Colorado Revised Statutes, amend 16-8-119 as follows: 16-8-119. Counsel and physicians for indigent defendants. In all proceedings under this article BROUGHT PURSUANT TO THIS ARTICLE 8, upon motion of the defendant and proof that he THE DEFENDANT is indigent and without funds to employ physicians, psychologists, or attorneys to which he THE DEFENDANT is entitled under this article ARTICLE 8, the court shall appoint such THE physicians, psychologists, or attorneys for him THE DEFENDANT at state expense. SECTION 23. In Colorado Revised Statutes, amend 16-8-120 as follows: 16-8-120. Applicable tests for release. (1) As to any person charged with any crime allegedly committed on or after June 2, 1965, the test for determination of a defendant's sanity for release from commitment, or his THE DEFENDANT'S eligibility for conditional release, shall be IS: "That the defendant has no abnormal mental condition which would be likely to cause him THE DEFENDANT to be dangerous either to himself THE DEFENDANT'S SELF or to others or to the community in the reasonably foreseeable future". (2) As to any person charged with any crime allegedly committed prior to June 2, 1965, the test for determination of a defendant's sanity for PAGE 28-HOUSE BILL 25-1058 release from commitment, or his THE DEFENDANT'S eligibility for conditional release, shall be IS the test provided by law at the time of the alleged crime to determine the sanity or insanity of such THE defendant. (3) As to any person charged with any crime allegedly committed on or after July 1, 1983, the test for determination of a defendant's sanity for release from commitment, or his THE DEFENDANT'S eligibility for conditional release, shall be IS: "That the defendant has no abnormal mental condition which THAT would be likely to cause him THE DEFENDANT to be dangerous either to himself THE DEFENDANT'S SELF or others or to the community in the reasonably foreseeable future, and is capable of distinguishing right from wrong and has substantial capacity to conform his THE DEFENDANT'S conduct to requirements of law". (4) As to any person charged with any crime allegedly committed on or after July 1, 1983, but before July 1, 1995, resulting in commitment by reason of impaired mental condition, the test for determination of a defendant's mental condition for release from commitment, or a defendant's eligibility for conditional release, shall be IS: "That the defendant has no abnormal mental condition which THAT would be likely to cause the defendant to be dangerous either to himself or herself THE DEFENDANT'S SELF or to others or to the community in the reasonably foreseeable future". SECTION 24. In Colorado Revised Statutes, amend 16-8-121 as follows: 16-8-121. Escape - return to institution. (1) If any defendant, confined in an institution for the care and treatment of persons with behavioral or mental health disorders or intellectual and developmental disabilities under the supervision of the executive director of the department of human services, escapes from such THE institution, it is the duty of the chief officer to apply forthwith to the district court for the county in which the hospital or institution is located for a warrant of arrest directed to the sheriff of the county, commanding him or her THE SHERIFF forthwith to take all necessary legal action to effect the arrest of the defendant and to return him or her THE DEFENDANT promptly to the institution. The fact of an escape becomes a part of the official record of a 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 from commitment or eligible for conditional release. PAGE 29-HOUSE BILL 25-1058 (2) If any defendant committed to the custody of the executive director of the department of human services and placed in an institution under his or her THE EXECUTIVE DIRECTOR'S supervision has escaped from an institution for the care and treatment of persons with behavioral, mental health, or substance use disorders in another state, the chief officer is authorized to return the defendant to the institution from which he or she THE DEFENDANT escaped. The chief officer is further authorized to effect the return at the expense of the state of Colorado and under such terms and conditions as the chief officer deems suitable. SECTION 25. In Colorado Revised Statutes, 18-1-803, amend (1) as follows: 18-1-803. Impaired mental condition. (1) Evidence of an impaired mental condition, as defined in section 16-8-102 (2.7), C.R.S. (4), though not legal insanity may be offered in a proper case as bearing upon the capacity of the accused to form the culpable mental state which is an element of the offense charged. SECTION 26. In Colorado Revised Statutes, 25.5-10-237, amend (1) as follows: 25.5-10-237. Terminology. (1) Whenever the terms "insane", "insanity", "mentally or mental incompetent", "mental incompetency", or "of unsound mind" are used in the laws of the state of Colorado, they shall be deemed to refer to the insane, as defined in section 16-8-101, C.R.S. SECTIONS 16-8-101 AND 16-8-101.5, or to a person with an intellectual and developmental disability, as defined in section 25.5-10-202, as the context of the particular law requires. SECTION 27. In Colorado Revised Statutes, 27-65-127, amend (1)(a) as follows: 27-65-127. Imposition of legal disability - deprivation of legal right - restoration - repeal. (1) (a) When an interested person wishes to obtain a determination as to the imposition of a legal disability or the deprivation of a legal right for a person who has a mental health disorder and who is a danger to the person's self or others, is gravely disabled, or is insane, as defined in section 16-8-101 SECTIONS 16-8-101 AND 16-8-101.5, and who is not then subject to proceedings pursuant to this article 65 or part PAGE 30-HOUSE BILL 25-1058 3 or part 4 of article 14 of title 15, the interested person may petition the court for a specific finding as to the legal disability or deprivation of a legal right. Actions commenced pursuant to this subsection (1) may include but are not limited to actions to determine contractual rights and rights with regard to the operation of motor vehicles. SECTION 28. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect PAGE 31-HOUSE BILL 25-1058 unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. ____________________________ ____________________________ Julie McCluskie James Rashad Coleman, Sr. SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Vanessa Reilly Esther van Mourik CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S. Polis GOVERNOR OF THE STATE OF COLORADO PAGE 32-HOUSE BILL 25-1058