(1)Repealed/(Deleted by amendment, L. 2024).
(2)(a) Within ninety-one days after the entry of the court's order of
commitment or order to receive outpatient restoration, the court shall review the
case of a defendant who has been determined to be incompetent to proceed with
regard to the probability that the defendant will be restored to competency within
the reasonably foreseeable future and with regard to the justification for
certification, confinement, or continued restoration treatment. The review may be
held in conjunction with a restoration hearing held pursuant to section 16-8.5-113.
However, if at the review hearing, there is a request by the defendant for a
restoration hearing pursuant to section 16-8.5-113, the court shall set the
restoration hearing within thirty-fi
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(1) Repealed/(Deleted by amendment, L. 2024).
(2) (a) Within ninety-one days after the entry of the court's order of
commitment or order to receive outpatient restoration, the court shall review the
case of a defendant who has been determined to be incompetent to proceed with
regard to the probability that the defendant will be restored to competency within
the reasonably foreseeable future and with regard to the justification for
certification, confinement, or continued restoration treatment. The review may be
held in conjunction with a restoration hearing held pursuant to section 16-8.5-113.
However, if at the review hearing, there is a request by the defendant for a
restoration hearing pursuant to section 16-8.5-113, the court shall set the
restoration hearing within thirty-five days after the request pursuant to the
provisions of section 16-8.5-113.
(b) At least ten days before each review, the individual or entity evaluating
the defendant shall provide the court with a report describing:
(I) An opinion regarding the defendant's competency;
(II) Whether there is a substantial probability that the defendant will be
restored to competency within the reasonably foreseeable future;
(III) Whether there is a substantial probability that the defendant will be
restored to competency within the time periods established by this section;
(IV) Whether the defendant meets the criteria for an emergency mental
health hold pursuant to section 27-65-106;
(IV.3) Whether the defendant meets the criteria for a certification for short-term treatment pursuant to section 27-65-108.5 or 27-65-109 and, if the defendant
meets such criteria, whether the evaluator believes the defendant could be treated
on an outpatient basis pursuant to section 27-65-111. In assessing whether a
defendant with a pending criminal charge is a danger to self or others or is gravely
disabled, if the person is incarcerated, the evaluator shall not rely on the fact that
the defendant is incarcerated or is an inpatient in a medical facility to establish the
defendant is not a danger to self or others or is not gravely disabled.
(IV.5) Whether the defendant has an intellectual and developmental
disability, as defined in section 25.5-10-202, and if the defendant does have such a
disability, whether the defendant may be eligible for any additional services
pursuant to article 10 of title 25.5 or article 10.5 of title 27.
(V) Any and all efforts made for restoration through medication, therapy,
education, or other services and the outcome of those efforts in relation to
restoring the defendant to competency;
(VI) Repealed.
(VII) If the defendant has failed to cooperate with treatment, whether the
incompetency and mental or intellectual and developmental disability contributes
to the defendant's refusal or inability to cooperate with restoration or prevents the
ability of the defendant to cooperate with restoration; and
(VIII) A summary of the observations of the defendant by the treating staff at
the facility or other location where inpatient services were delivered.
(c) At least ten days before each review, the department treating team shall
provide to the court an additional report that summarizes:
(I) What restorative education has been provided and the frequency of that
education;
(II) What medication has been administered, including voluntary or
involuntary medications;
(III) What release plans have been made for the defendant after release,
including a discussion of the support from family members;
(IV) Whether or not the defendant would agree to voluntary admission to the
hospital for certification pursuant to article 65 of title 27;
(V) The opinion of the treating team on the defendant's mental health
functioning and ability to function on an outpatient basis for restoration services;
and
(VI) Whether the defendant, based on observations of the defendant's
behavior in the facility, presents a substantial risk to the physical safety of the
defendant's self, of another person, or of the community if released for community
restoration.
(VII) Repealed.
(3) After the initial review pursuant to subsection (2)(a) of this section, the
court shall review the case of the defendant every ninety-one days. At least ten
days before each review, the individual or entity evaluating the defendant shall
provide the court with an updated report as described in subsection (2)(b) of this
section and the treatment staff shall provide an updated summary of observations
as described in subsection (2)(c) of this section.
(4) Repealed.
(5) The court shall forward a copy of each report and summary received
pursuant to subsections (2) and (3) of this section to the county attorney or district
attorney required to conduct proceedings pursuant to section 27-65-113 (6) for the
county in which the case is pending and, when a bridges court liaison is appointed,
to the bridges court liaison.
(6) to (15) Repealed.
Source: L. 2008: Entire article added, p. 1847, � 2, effective July 1. L. 2010: (2)(c) amended, (SB 10-175), ch. 188, p. 783, � 22, effective April 29. L. 2019: Entire
section R&RE, (SB 19-223), ch. 227, p. 2284, � 8, effective July 1. L. 2020: (7)(a)(I)
amended and (15) added, (SB 20-181), ch. 144, p. 627, � 3, effective June 29; (12)
amended, (HB 20-1402), ch. 216, p. 1046, � 26, effective June 30. L. 2021: (1)
amended, (SB 21-271), ch. 462, p. 3163, � 173, effective March 1, 2022. L. 2022: (2)(a), (4), (5), IP(6), (8)(a)(I), and (10) amended and (2)(b)(VI) repealed, (HB 22-1386),
ch. 317, p. 2257, � 4, effective July 1; (5), (6)(b), and (10) amended, (HB 22-1256), ch.
451, p. 3228, � 25, effective August 10. L. 2023: (2)(b)(IV), (6)(b), and (10) amended
and (2)(b)(IV.3) and (2)(b)(IV.5) added, (HB 23-1138), ch. 423, p. 2484, � 3, effective
July 1, 2024. L. 2024: (1), (4), IP(6), (6)(a), (6)(b), (6)(c), (6)(d), (7), (8), (9), (10), (11), (12),
(13), (14), and (15) repealed, IP(2)(b), IP(2)(c), (2)(c)(V), (2)(c)(VI), (3), and (5) amended,
and (2)(c)(VII) added, (HB 24-1034), ch. 372, pp. 2515, 2521, �� 12, 18, effective June
4; (1), (7), and (14) amended, (HB 24-1355), ch. 471, p. 3313, � 13, effective August 7;
(12) repealed, (HB 24-1133), ch. 384, p. 2622, � 9, effective July 1, 2025. L. 2025: (2)(c)(V) and (2)(c)(VI) amended and (2)(c)(VII) repealed, (SB 25-041), ch. 357, p.
1926, � 8, effective August 6.