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SB 25-041

Competency in Criminal Justice System Services & Bail

2025 Regular Session Introduced by Judy Amabile and 22 co-sponsors

Ensures continued behavioral health services and housing options after dismissal for those found incompetent, while keeping bond decisions independent of competency status.

Governor Signed
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Bill Summary · SB 25-041

SB 25-041 — Competency in Criminal Justice System Services & Bail

Status: Governor signed (June 2, 2025). Introduced January 8, 2025.

Purpose / Intent

To improve continuity of care and housing supports for people found incompetent to proceed in criminal cases, to clarify court procedures and timelines for competency evaluations and bond hearings, and to limit the use of competency status as a basis for denying or conditioning pretrial release.

Key provisions (by subject)

Post‑dismissal services and housing (new § 27-60-105.5)

  • If criminal charges are dismissed because a defendant is found incompetent to proceed, the Colorado Department of Human Services (DHS) may continue providing services to that person for up to 90 days after dismissal.
  • Continued services do not require the person to remain in custody; a court cannot order continued custody as a condition of receiving DHS services.
  • DHS may contract with organizations to provide permanent supportive housing for people whose charges are dismissed after an incompetency finding, for people who satisfactorily complete the Bridges Wraparound Care Program, or for persons referred to that program.
  • DHS must collect information about where these persons live or intend to live after dismissal, referral, or program completion. DHS will work with the Office of Bridges of Colorado to collect the data and will share it with the Division of Housing in the Department of Local Affairs at least quarterly.

Information flow (amend. to § 13-95-105)

  • The Office of Bridges must provide residence/intended-residence information to DHS for persons referred to the Bridges program.

Competency evaluation process (amend. to §§ 16-8.5-103, 16-8.5-105, 16-8.5-106)

  • Extends the window for either party to request a hearing or a second evaluation from 7 to 14 days after receipt of the court-ordered report.
  • If a second evaluation is conducted, the court must provide the report to the parties and to DHS; DHS shall use the second evaluation to review and summarize prior competency opinions.
  • Evaluators must exercise due diligence reviewing prior competency opinions and explain any difference in their restoreability conclusions from prior evaluations. Specific opinions required when prior courts found non-restorability in the last five years or when competency findings flipped repeatedly.

Bond and pretrial release (amend. to §§ 16-8.5-105, 16-8.5-111)

  • A defendant’s competency status (including an order for in‑custody or inpatient evaluation) does not affect eligibility for release on bond and is not a lawful basis for a no-bond hold or “mental health stay.”
  • Courts must not consider competency status when setting or modifying monetary conditions of bond. Courts must ensure the defendant’s right to have bond set is not interrupted while awaiting competency evaluation.
  • If a defendant in custody on a misdemeanor, petty offense, or traffic offense is found incompetent but restorable, the court must set a bond hearing within seven days; there is a presumption in favor of a personal recognizance bond.
  • If a defendant is released on bond while awaiting an in‑custody or inpatient evaluation/restoration, the court must convert the order to out‑of‑custody, outpatient evaluation or restoration.
  • The Judicial Department must develop a form courts use to notify DHS of specific findings when a court denies a personal recognizance bond and orders inpatient restoration for an in‑custody misdemeanor/petty/traffic defendant found incompetent but restorable.

Who is affected

  • Defendants found incompetent to proceed (and those referred to/ completing Bridges services)
  • Department of Human Services, Office of Bridges of Colorado, Division of Housing (Dept. of Local Affairs)
  • Courts, prosecutors, pretrial services, providers of competency restoration and housing services

Procedural/timeline notes

  • Statutory additions and amendments span Titles 13, 16, and 27 (notably new § 27-60-105.5).
  • Legislative actions: passed both chambers with amendments in April 2025; sent to governor May 2, 2025; signed June 2, 2025.

Expected impacts

  • Improved continuity of post-dismissal behavioral health supports and stronger linkage to housing for people found incompetent.
  • More standardized sharing of residence information to support placement and service planning.
  • Protections to ensure competency findings do not delay or preclude timely bond-setting or unjustified pretrial detention; clearer procedural duties for courts and evaluators.

Compiled from official sources — confirm details with the bill’s official record.

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