All Roll Calls
Yes: 141 • No: 47
ColoradoSB25-0412025 Regular SessionSenate
Competency in Criminal Justice System Services & Bail
Sponsored By: Dafna Michaelson Jenet (Democratic), Judy Amabile (Democratic), Mary Bradfield (Republican), Regina English (Democratic)
Signed by Governor
Courts & JudicialHuman Services
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Bill Overview
Analyzed Economic Effects
12 provisions identified: 6 benefits, 0 costs, 6 mixed.
Faster release hearings for some defendants
Defendants held on misdemeanor, petty, or traffic charges get a bond hearing within seven days of a final incompetency finding. This applies when restoration to competency is substantially likely in the reasonably foreseeable future. The law favors release on a personal promise to return, along with restoration services. Denying that bond and ordering inpatient restoration requires extraordinary circumstances proven by clear and convincing evidence. Courts must send their specific findings to the Department of Human Services using the Judicial Department's form.
Continued treatment after criminal charges end
Colorado's Department of Human Services may continue inpatient competency restoration services for up to 90 days after charges are dismissed. This applies when dismissal follows an incompetency finding and the person was receiving those services at dismissal. Courts cannot require continued custody as a condition of receiving care. Continued services are allowed, not guaranteed.
Housing help after competency cases
The Department of Human Services may arrange permanent supportive housing for people whose charges are dismissed after an incompetency finding. People referred to the Bridges Wraparound Care Program or who satisfactorily complete it also qualify for these arrangements. The department must collect residency information and share it with the state's housing division to support placement and continued housing. The law sets no funding amount and does not guarantee a placement.
More time to review competency reports
Either party now has 14 days, rather than seven, to request a hearing or second competency evaluation after receiving a court-ordered report. A second report is due within 35 days of the order unless the court extends the deadline for good cause; a pending hearing request waits for it. Courts pay for second evaluations they request, and for evaluations requested by indigent defendants after a report finding competency. Defendants must give received second reports to the court and prosecutor a reasonable time before the hearing. Courts must share reports with the parties and the Department of Human Services.
Stronger review before competency treatment
Evaluators must review earlier competency opinions and explain different views about whether restoration is likely. They must address changed circumstances after a finding within five years that restoration was unlikely. They must also assess maintaining competency after at least three competency findings within five years followed by an incompetency finding. Courts must set timely hearings when restoration is unlikely or an expert identifies a moderate-to-severe intellectual or developmental disability, acquired traumatic brain injury, or dementia affecting competency. If that expert opinion arrives before a restoration order and a party requests a hearing, the hearing comes before treatment.
Closer tracking of community restoration services
The Department of Human Services coordinates outpatient competency restoration and oversees restoration education. For out-of-custody defendants, contracted providers must report unstarted services within 21 days of the order and describe engagement efforts. Notices go to the court, department, Bridges liaison, and other designated agencies. The department must notify courts within 14 days after determining timely outpatient care is unavailable, and report availability every 28 days to an appointed Bridges liaison. At least 10 days before each review, treatment teams must report mental functioning, outpatient readiness, and safety risks; certain initial-evaluation opinions are no longer required.
Bridges enrollment ends state restoration orders
Acceptance into the Bridges Wraparound Care Program shifts defendants away from court-ordered state competency services. Courts must cancel existing orders directing the Department of Human Services to evaluate competency or provide restoration services. Courts cannot issue new orders directing the department to provide those services while the defendant participates in Bridges.
Treatment can replace some restoration orders
When short-term treatment certification starts, courts may dismiss qualifying misdemeanor cases instead of ordering restoration services. This applies to misdemeanors not already subject to dismissal under the separate competency dismissal rule. Dismissal is without prejudice, so prosecutors can file charges again. For defendants whose highest charge is a felony, pausing restoration for treatment proceedings requires agreement from both defendant and prosecutor. Defendants, defense lawyers, and prosecutors get limited access to related civil-case information, which remains confidential unless disclosure is authorized; the criminal case cannot exceed statutory time limits.
Treatment planning can delay charge dismissal
Before specified competency dismissals, courts must check for short-term treatment grounds and may delay dismissal for 35 days. Courts must set a review and notify designated recent treatment professionals or state representatives so they can pursue certification or services. With the defendant's consent, courts must grant additional 35-day extensions without a numerical limit. Without consent, a prosecutor's request and good cause require up to four extensions for violent crimes or felony unlawful sexual behavior—175 days total—or one extension for other charges—70 days total. Refusing or failing to file a certification petition on time is not good cause; courts must notify the department in writing of dismissal and its reason.
Treatment programs pause case-filing deadlines
Time limits for starting proceedings pause during qualifying competency-related diversion or deflection programs. These programs must offer a chance to avoid charges through participation and successful completion. Deadlines also pause when a case is dismissed without prejudice to pursue short-term treatment certification. That pause ends when charges are refiled or six months after dismissal, whichever comes first.
Treatment referrals gain rules and safeguards
Courts may start short-term civil treatment proceedings only after an authorized person's specific request and a finding of reasonable grounds. The highest charge must be petty, traffic, or misdemeanor unless the prosecutor agrees to proceed despite a more serious charge. When restoration is unlikely, courts must weigh the Office of Civil and Forensic Mental Health professional's opinion. Courts cannot force professionals to initiate proceedings against their medical judgment or professional conduct rules. During outpatient restoration coordination, the department may request permission in writing to file an outpatient treatment petition when certification standards are met and outpatient certification is appropriate; courts must consider the defendant's objections.
Long-term treatment petitions reach more patients
The long-term care petition process now covers people with the specified extended short-term treatment certifications, including court-ordered certifications. The professional in charge or Behavioral Health Administration may file a petition at least 30 days before the extended certification expires. This opens a route to continued treatment through further legal proceedings.
Sponsors & Cosponsors
Sponsors
Dafna Michaelson Jenet
Democratic • Senate
Judy Amabile
Democratic • Senate
Mary Bradfield
Republican • House
Regina English
Democratic • House
Cosponsors
Andrew Boesenecker
Democratic • House
Jennifer Bacon
Democratic • House
Jamie Jackson
Democratic • House
Junie Joseph
Democratic • House
Julie McCluskie
Democratic • House
Kyle Brown
Democratic • House
Michael Carter
Democratic • House
Monica Duran
Democratic • House
Mandy Lindsay
Democratic • House
Naquetta Ricks
Democratic • House
Cathy Kipp
Democratic • Senate
Chris Kolker
Democratic • Senate
Julie Gonzales
Democratic • Senate
Katie Wallace
Democratic • Senate
Matt Ball
Democratic • Senate
Mike Weissman
Democratic • Senate
Nick Hinrichsen
Democratic • Senate
Robert Rodriguez
Democratic • Senate
Roll Call Votes
Senate vote • 4/29/2025
House amendments: Repass
Yes: 20 • No: 12
Senate vote • 4/29/2025
House amendments: Concur
Yes: 32 • No: 0
House vote • 4/28/2025
Third reading: Bill
Yes: 47 • No: 18
House vote • 4/22/2025
Refer Senate Bill 25-041, as amended, to the Committee of the Whole.
Yes: 9 • No: 2
Senate vote • 3/31/2025
Third reading: Bill
Yes: 22 • No: 12
Senate vote • 3/26/2025
Refer Senate Bill 25-041, as amended, to the Committee of the Whole.
Yes: 4 • No: 3
Senate vote • 2/12/2025
Refer Senate Bill 25-041, as amended, to the Committee on Appropriations.
Yes: 7 • No: 0
Actions Timeline
Governor Signed
6/2/2025HouseSigned by the Speaker of the House
5/2/2025HouseSent to the Governor
5/2/2025HouseSigned by the President of the Senate
5/1/2025SenateSenate Considered House Amendments - Result was to Concur - Repass
4/29/2025SenateHouse Third Reading Passed - No Amendments
4/28/2025HouseHouse Third Reading Laid Over Daily - No Amendments
4/25/2025HouseHouse Second Reading Special Order - Passed with Amendments - Committee, Floor
4/24/2025HouseHouse Committee on Judiciary Refer Amended to House Committee of the Whole
4/22/2025HouseSenate Third Reading Passed - No Amendments
3/31/2025SenateIntroduced In House - Assigned to Judiciary
3/31/2025HouseSenate Second Reading Passed with Amendments - Committee, Floor
3/28/2025SenateSenate Committee on Appropriations Refer Amended to Senate Committee of the Whole
3/26/2025SenateSenate Committee on Judiciary Refer Amended to Appropriations
2/12/2025SenateSenate Committee on Judiciary Lay Over Unamended - Amendment(s) Failed
2/10/2025SenateIntroduced In Senate - Assigned to Judiciary
1/8/2025Senate
Bill Text
Engrossed
Final Act
Introduced
Reengrossed
Rerevised
Revised
Signed Act