§ 16-8.6-110 — Review hearing - notice of termination

Colorado § 16-8.6-110

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Bridges Wraparound Care Program

Text

(1) The court shall set a
review hearing within one hundred eighty-two days after the court issues an order
appointing a bridges wraparound care coordinator pursuant to section 16-8.6-108
(4). At the review hearing, the court must dismiss the charges against the
defendant unless the court finds that the defendant has not satisfactorily complied
with the individualized wraparound care plan, at which point the district attorney
may file a notice of termination with the court pursuant to subsection (2) of this
section. If the defendant has not satisfactorily complied with the individualized
wraparound care plan but remains engaged, the court may continue the
defendant's case for up to an additional ninety-one days and shall dismiss the
charges if the defendant has satisfactorily complied with the individualized
wraparound care plan within the additional ninety-one days.

(2) The district attorney may file a notice of termination with the court if, at
any time prior to the dismissal of charges, the prosecution believes that the
defendant has failed to satisfactorily comply with the individualized wraparound
care plan. Upon filing the notice of termination, the court shall set a hearing date
for the defendant's appearance or issue a warrant if requested by the district
attorney. If the court determines based on a preponderance of the evidence that the
defendant did not successfully comply with the individualized wraparound care
plan, the district attorney may prosecute the defendant for the original offense or
offenses.

(3) If the charges against a defendant are dismissed pursuant to this section
and the charges are eligible for sealing pursuant to section 24-72-704, the district
attorney may object, in the interests of justice, to sealing the case. If the district
attorney files a written objection to the sealing within seven days of the dismissal,
the charges against the defendant are not eligible for sealing and the court shall
not enter an order sealing the charges; except that, the district attorney may, at a
later date, withdraw the objection and agree to sealing the case that is dismissed
pursuant to this section.

Legislative History

Source: L. 2024: Entire article added, (HB 24-1355), ch. 471, p. 3304, � 1, effective August 7.