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ColoradoSB26-0142026 Regular SessionSenate

Modification to Defense of Not Guilty by Reason of Insanity

Sponsored By: Gretchen Rydin (Democratic), Judy Amabile (Democratic), Matt Soper (Republican)

Signed by Governor

Courts & JudicialCrimes, Corrections, & EnforcementHuman Services

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 2 costs, 2 mixed.

More community treatment for committed defendants

For defendants committed under Colorado criminal procedure articles 8 or 8.5, institution officials can approve community treatment and rehabilitation. The chief officer or designee must notify the committing court and prosecutor by certified mail at least 35 days before approval. A written objection received within 35 days after mailing blocks approval through this process.

More rights for defendants seeking release

After an insanity or impaired-mental-condition acquittal, the court must schedule an initial release hearing within 120 days of commitment. Colorado’s Department of Human Services must complete a release exam at least 30 days before that hearing. The defendant can request another exam by a medical expert in mental health disorders. The court can extend the 120-day deadline for good cause or a second evaluation. When deciding release eligibility, the court must explain the process, its consequences, and the defendant’s rights, including a jury trial. Defendants who request a hearing must receive one and can take part and present evidence.

Defendants must prove eligibility for full release

A defendant on conditional release faces a proof requirement when seeking release without conditions. If evidence shows they are ineligible, they must prove it is more likely than not that they meet the release test. The court must order unconditional release if they meet that test. Otherwise, conditional release continues, and the court can set or change its terms.

Defendants’ exam reports reach state treatment agency

When the defense requests an examination, the report must reach the court and prosecutor a reasonable time before trial. The court must also send a copy to Colorado’s Department of Human Services a reasonable time before trial.

New standards for defendants seeking release

New release tests apply to offenses charged or allegedly committed on or after July 1, 2026. Unconditional release requires no abnormal mental condition likely to endanger the defendant, others, or the community in the reasonably foreseeable future. The defendant must also know right from wrong and have substantial ability to follow the law. Conditional release is available when the defendant fails the test without conditions but meets it by following those conditions.

Registration rules reach defendants in community treatment

Sex-offense registration rules extend to community placement, as well as temporary removal for treatment, with registration through local police. A treatment official can recommend registration based on information indicating an offense involving unlawful sexual behavior. Colorado’s Department of Human Services must obtain the planned home address and notify local police and the Colorado Bureau of Investigation. Registration forms are confidential and available for inspection only as allowed by law. After at least 20 years from placement or removal, a defendant can petition to end registration. The court must find no later conviction or insanity acquittal for unlawful sexual behavior and no undue community threat without registration.

Sponsors & Cosponsors

Sponsors

  • Gretchen Rydin

    Democratic • House

  • Judy Amabile

    Democratic • Senate

  • Matt Soper

    Republican • House

Cosponsors

  • Chad Clifford

    Democratic • House

  • Eliza Hamrick

    Democratic • House

  • Jennifer Bacon

    Democratic • House

  • Jamie Jackson

    Democratic • House

  • Julie McCluskie

    Democratic • House

  • Cathy Kipp

    Democratic • Senate

  • James Coleman

    Democratic • Senate

  • Julie Gonzales

    Democratic • Senate

  • Katie Wallace

    Democratic • Senate

  • Lisa Cutter

    Democratic • Senate

  • Marc Snyder

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 134 • No: 49

Senate vote • 4/6/2026

House amendments: Repass

Yes: 23 • No: 12

Senate vote • 4/6/2026

House amendments: Concur

Yes: 35 • No: 0

House vote • 4/2/2026

Third reading: Bill

Yes: 44 • No: 19

House vote • 3/18/2026

Refer Senate Bill 26-014 to the Committee of the Whole.

Yes: 7 • No: 4

Senate vote • 2/10/2026

Third reading: Bill

Yes: 20 • No: 12

Senate vote • 2/4/2026

Refer Senate Bill 26-014, as amended, to the Committee of the Whole.

Yes: 5 • No: 2

Actions Timeline

  1. Governor Signed

    4/20/2026House

  2. Sent to the Governor

    4/8/2026House

  3. Signed by the President of the Senate

    4/7/2026Senate

  4. Signed by the Speaker of the House

    4/7/2026House

  5. Senate Considered House Amendments - Result was to Concur - Repass

    4/6/2026Senate

  6. House Third Reading Passed - No Amendments

    4/2/2026House

  7. House Third Reading Laid Over Daily - No Amendments

    3/31/2026House

  8. House Second Reading Special Order - Passed with Amendments - Floor

    3/30/2026House

  9. House Second Reading Laid Over Daily - No Amendments

    3/23/2026House

  10. House Committee on Judiciary Refer Unamended to House Committee of the Whole

    3/18/2026House

  11. Introduced In House - Assigned to Judiciary

    2/11/2026House

  12. Senate Third Reading Passed - No Amendments

    2/10/2026Senate

  13. Senate Second Reading Passed with Amendments - Committee

    2/9/2026Senate

  14. Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole

    2/4/2026Senate

  15. Introduced In Senate - Assigned to Judiciary

    1/14/2026Senate

Bill Text

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