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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

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

New rules for insanity release hearings

At an unconditional release hearing, if you are on conditional release and any evidence shows you are ineligible, you must prove by a preponderance that you meet the standard for unconditional release. If you meet it, the court orders unconditional release. If you do not, the court keeps you on conditional release and may change the terms. When deciding release, the court must explain the process and your rights, including a right to a jury trial. If you ask to contest, you get a hearing where you can attend, see reports, present evidence, call and cross-examine witnesses, and make arguments. When the court gets a defense-ordered exam report, it must send a copy to the Department of Human Services.

Notices and registration for community placement

Before allowing community placement or a temporary removal, the institution must mail certified notice to the committing court and the district attorney. The notice says placement may start after 35 days unless a written objection is filed within 35 days. A court may order you to register with local police for community placement if legal criteria are met, or if the institution recommends it based on treatment information showing unlawful sexual behavior. Before placement, Human Services must get your planned home address and tell the local police. Local police must send your registration to the Colorado Bureau of Investigation within three business days, and the bureau adds it to the central registry. Registration forms are confidential and only released as allowed by law. After at least 20 years from the start of placement or removal, you may ask a court to end registration if you have no later offenses involving unlawful sexual behavior and the court finds you are not an undue threat.

Release standards for crimes after July 2026

For crimes alleged on or after July 1, 2026, unconditional release requires no abnormal mental condition likely to make you dangerous, plus the ability to tell right from wrong and largely follow the law. For conditional release, you are not eligible without conditions, but with conditions you must meet those same safety and capacity standards.

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

No roll call votes available for this bill.

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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