Under current law, if a defendant is found incompetent to proceed and the defendant will not be restored to competency in the foreseeable future, the court is required to dismiss charges against the defendant and the defendant, in limited circumstances, may be referred for certification for short-term treatment through a civil court process. The act maintains the requirement for the court to dismiss the charges against a defendant if the defendant's highest charged offense is among certain misdemeanor offenses, and the act maintains certification for short-term treatment as an option for the defendant. However, if the defendant is unrestorable or the defendant has reached the statutory maximum time permitted to be restored, the act authorizes the district attorney or county attorney (prosecution) to notify the court that the prosecution seeks civil commitment or an enhanced protective placement of a defendant if the prosecution can prove by clear and convincing evidence that the defendant:Has a mental disability or developmental disability;Committed an act that, in the absence of any mental disability or developmental disability, would constitute homicide, a crime of violence, or a felony that constitutes unlawful sexual behavior, and the act is or was charged in a criminal case in Colorado in which competency was raised; and Poses a substantial risk of serious harm to others. If the prosecution seeks civil commitment or an enhanced protective placement, the court is required to stay the order dismissing the defendant's case, set a trial within 91 days after the date the written notice was filed, and order the department of human services (CDHS) to identify an appropriate provider and placement for the defendant in the event a civil commitment or enhanced protective placement is granted. The defendant may stipulate that the court order a civil commitment or enhanced protective placement. If the court finds the prosecution has not met its burden, the court is required to deny the prosecution's request to civilly commit the defendant or order an enhanced protective placement of the defendant; except that the court may consider whether to order other civil proceedings. If the court finds the prosecution has met its burden, the court is required to order the civil commitment or enhanced protective placement of the defendant, place the defendant and issue any related orders, transfer jurisdiction of the civil commitment or enhanced protective placement to an appropriate civil court with jurisdiction, and dismiss the defendant's criminal case. When the court orders the civil commitment or enhanced protective placement, the court shall make a finding of the defendant's primary diagnosis that constitutes the mental disability or developmental disability. The court shall order the defendant civilly committed to the legal custody of CDHS unless the defendant's primary diagnosis is an intellectual and developmental disability (IDD) or a neurocognitive disorder, in which case, the court shall order an enhanced protective placement and legal custody of the defendant to the department of health care policy and financing (HCPF). If CDHS proposes placing the defendant into inpatient care, the court shall order, without further court review, that the defendant be placed into inpatient care at the discretion of CDHS if the court ordered a civil commitment or that the defendant be placed into inpatient care at the discretion of HCPF if the court ordered an enhanced protective placement. If CDHS has not identified an appropriate provider that is willing to accept placement of the defendant, the court shall set a review hearing within 35 days after the order for civil commitment or enhanced protective placement and order CDHS, in consultation with the behavioral health administration (BHA), to identify at least one appropriate provider. Upon receiving jurisdiction of a civil commitment or enhanced protective placement, the act requires the civil court to supervise the civil commitment or enhanced protective placement by notifying the county attorney, appointing an attorney to represent the respondent, and setting a review hearing. At the hearing, the respondent has the right to request modification of the terms of the civil commitment or enhanced protective placement and the right to periodic review, including whether the respondent qualifies for termination of the civil commitment or enhanced protective placement. The court is required to ensure the respondent is placed in the least-restrictive setting adequate to protect the victims and community. If the respondent is not placed into inpatient care at the discretion of CDHS, or if CDHS proposes to move the respondent into or out of inpatient care, the court shall, prior to modifying the civil commitment or enhanced protective placement to change the respondent's provider or placement, review the appropriateness of the proposed provider or placement. The provider charged with the physical care and custody of the respondent is required to submit a report to the court and the parties annually by the date the respondent was civilly committed or ordered into enhanced protective placement unless a substantially similar examination was ordered by the court within the previous 12 months. The act requires the court to terminate the respondent's civil commitment or enhanced protective placement if the respondent no longer poses a substantial risk of serious harm to others or the respondent does not have the applicable disorder or disability that is likely to cause the respondent to be a danger to the respondent's self or a danger to others and the respondent has demonstrated sufficient capacity and willingness to conform their conduct to the requirements of the law. If the respondent does not meet the criteria for termination, the respondent is not entitled to another termination trial within one year after the conclusion of the previous trial. The court shall convert a civil commitment to an enhanced protective placement if the respondent does not meet the criteria for termination but the respondent has a mental health disorder that is an IDD or a neurocognitive disorder, without having any other mental health disorder that is not an IDD or a neurocognitive disorder and that substantially contributes to whether the respondent is a danger to the respondent's self or a danger to others, or is gravely disabled. If the defendant does not meet the criteria for termination and has co-occurring mental health disorders that include an IDD or a neurocognitive disorder, the court may, upon the recommendation of CDHS, convert the civil commitment to an enhanced protective placement. The court shall convert an enhanced protective placement to a civil commitment if the respondent does not meet the criteria for termination and the respondent no longer has an IDD or a neurocognitive disorder that substantially contributes to whether the respondent is a danger to the respondent's self or a danger to others, or is gravely disabled. If the defendant does not meet the criteria for termination and has co-occurring mental health disorders that do not include an IDD or a neurocognitive disorder, the court may, upon the recommendation of CDHS, convert the enhanced protective placement to a civil commitment. Under current law, an emergency mental health hold (M1 hold) may be initiated against a person for not more than 72 hours if the person appears to have a mental health disorder and, as a result of the mental health disorder, appears to be a danger to the person's self or others, or appears to be gravely disabled. A person detained for an M1 hold and transported to an emergency medical services facility or facility designated by the commissioner (facility) of the BHA is required to receive an evaluation as soon as possible after the person presents to the facility. The act authorizes a person who has an M1 hold initiated against them while in confinement to receive an evaluation at the person's place of confinement rather than being transported to a facility. If the person is released from confinement while under an M1 hold, the person responsible for the confinement is required to coordinate with the BHA to transfer the person to a facility. Under current law, if a person under an M1 hold meets the criteria for certification for short-term treatment, the person may be certified for not more than 3 months. Rather than requiring an M1 hold as a prerequisite to short-term certification or certification for long-term care and treatment, the act authorizes a person to be certified if the person:Has been advised of the availability of, but has not accepted, voluntary treatment or with consideration of all reasonably available information, is believed will not remain in voluntary treatment; and By clear and convincing evidence, has a mental health disorder and, as a result of the mental health disorder, the person is a danger to the person's self, a danger to others, or gravely disabled. A person may not be certified for short-term treatment or long-term care and treatment if the person has an IDD or neurocognitive disorder without any other mental health disorder that is not an IDD or neurocognitive disorder and that substantially contributes to whether the respondent is a danger to the respondent's self or a danger to others, or is gravely disabled. If a respondent is certified, the court shall order CDHS to provide care coordination and make diligent efforts to find a provider for the respondent that is willing to hold the certification. The respondent may be certified for long-term care and treatment if the respondent continues to meet the criteria and standards for certification for short-term treatment. The certification terminates when the professional person in charge of the respondent's treatment and the BHA determine the respondent no longer meets the criteria for certification. To terminate a short-term treatment certification less than 30 days after the initial certification, two professional persons are required to individually consult and review the respondent's case and agree that the respondent no longer meets the criteria for certification. A court may order the short-term or long-term protective placement of a person:Who, by clear and convincing evidence, has a neurocognitive disorder;When reasonable grounds exist to believe that the person will not remain in a voluntary treatment program; andWho, by clear and convincing evidence, is a danger to the person's self, a danger to others. The act aligns the provisions for short-term and long-term protective placement with certifications for short-term treatment and long-term care and treatment. No later than October 1, 2027, the act requires CDHS to construct and operate an outpatient treatment facility for adults with behavioral health needs, including adults who are found incompetent to proceed and unlikely to be restored to competency. To implement the act, for the 2025-26 state fiscal year, the act appropriates to CDHS $535,934 from the general fund and $4,777,898 from the capital construction fund. To implement the act, the act makes the following appropriations for state fiscal year 2026-27:$17,802,360 to CDHS from the general fund, of which $242,323 is reappropriated to the department of law and $52,644 to the office of information technology;To the judicial department, $26,296 from the judicial department information technology cash fund and $5,401,437 from the general fund, of which $1,719,409 is for use by the office of state public defender and specified independent agencies;$842,808 to HCPF from the general fund; and$150,000 to the department of law from the general fund.(Note: This summary applies to this bill as enacted.)
The act:Allows the department of public health and environment (department) to expend money from the community impact cash fund to provide grants for municipal solid waste landfill methane emission reduction projects;Requires the environmental justice advisory board to prioritize a grant request from a local government that owns or operates a municipal solid waste landfill over a grant request from a private entity that owns or operates a municipal solid waste landfill;Requires an entity that receives money from the department to use the money as supplemental funding only; andAmends the definition of 'disproportionately impacted community'.(Note: This summary applies to this bill as enacted.)
Each county in the state is categorized for purposes of establishing the salaries of elected officers in the county. The statutory salary amounts are adjusted every 2 years for inflation and take effect for terms commencing after any change is made. The act changes the category of Cheyenne county from V-D to V-C, the category of Dolores county from V-C to V-D, the category of Lake county from IV-B to IV-A, and the category of Pitkin county from II-B to I-A. The category changes will increase Cheyenne county official salaries as follows:County commissioner salary increases from $61,236 to $67,360;County sheriff salary increases from $68,646 to $75,511;County treasurer, assessor, and clerk salary increases from $61,236 to $67,360; andPart-time county coroner salary increases from $13,841 to $15,225. The category changes will decrease Dolores county official salaries as follows:County commissioner salary decreases from $67,360 to $61,236;County sheriff salary decreases from $75,511 to $68,646;County treasurer, assessor, and clerk salary decreases from $67,360 to $61,236; andPart-time county coroner salary decreases from $15,225 to $13,841. The category changes will increase Lake county official salaries as follows:County commissioner salary increases from $83,382 to $90,330;County sheriff salary increases from $111,735 to $121,046;County treasurer, assessor, and clerk salary increases from $83,382 to $90,330;Part-time county coroner salary increases from $37,077 to $40,167; andFull-time county coroner salary increases from $83,382 to $90,330. Pitkin county is a home rule county that may set the compensation for its officers and employees. The category changes may increase Pitkin county official salaries as follows:County commissioner salary increases from $121,634 to $158,669;County sheriff salary increases from $147,135 to $201,926;County treasurer, assessor, and clerk salary increases from $121,634 to $158,669; andFull-time county coroner salary increases from $121,634 to $158,669.(Note: This summary applies to this bill as enacted.)
Current law requires that the automated protection order notification system (notification system) include information about whether a restrained person completed and submitted a firearm purchase or transfer application that indicated the restrained person was ineligible to possess a firearm pursuant to state or federal law. The act repeals this provision. Current law requires the Colorado bureau of investigation to make the information in the notification system available to the division of criminal justice (division) for the purpose of providing the information to a protected person. The act requires the Colorado integrated criminal justice information system program to also make the information available to the division.(Note: This summary applies to this bill as enacted.)
The act adds the state board of parole as an entity that may approve an application for early parole for an offender who has successfully completed a specialized program as provided in current law. The offender must have been convicted of a certain predicate felony and committed the felony when they were younger than 21 years old. The state board of parole can approve or deny the application if the governor has not acted on the application within 60 days after receiving the board's recommendation. If the governor acts on the application within 60 days, the governor's decision is final. If the governor does not act on the application, the state board of parole's decision is final. Under current law, there is a specialized program for juveniles and young adults convicted as adults that must include components that allow an offender to experience placement with more independence in daily life. The act requires the specialized program to include programming that requires an offender to acknowledge the impact of crime on victims and the ongoing trauma that crime survivors experience, as well as the offender's own trauma.(Note: This summary applies to this bill as enacted.)
An inmate who is serving a sentence to the department of corrections (DOC) for certain lower level criminal offenses, has not incurred a penal discipline violation within a specified time period, and is program compliant is currently eligible to earn 12 days of earned time per month. The act increases eligibility to 14 days per month. An inmate who is serving a sentence for, or who has been previously convicted of, certain higher level criminal offenses, including a felony offense listed in the 'Victim Rights Act', is currently eligible to earn 10 days of earned time per month. The act increases eligibility to 12 days per month. An inmate who completes a milestone or phase of a behavioral health program in an area related to recovery from a condition that contributed to the inmate's underlying offense may be awarded up to 150 days of earned time. The DOC is directed to enact policy changes to incentivize inmates to pursue activities that award earned time. The act creates a working group to make recommendations for a capacity management plan (plan) for the DOC with input from impacted groups. The plan must be informed by strategies to assess prison programming and clinical care, inmate release processes, services for successful release outcomes, prison population management, and prison capacity changes. Members of the house of representatives judiciary committee, the senate judiciary committee, and the joint budget committee may submit in writing to the chair of the working group a request to prioritize specific issues or provide other relevant information. The working group shall submit an interim and a final report to the general assembly, the DOC's certified employee organization, and the governor's office.(Note: This summary applies to this bill as enacted.)
The act renames the Representative Hugh McKean Colorado youth advisory council review committee as the Representative Hugh McKean and Senator Faith Winter Colorado youth advisory council review committee.(Note: This summary applies to this bill as enacted.)
The act modifies the fees of county treasurers by specifying fee amounts treasurers are required or allowed to collect in connection with the public auction and related proceedings for issuance of a treasurer's deed. Commencing on or before December 31, 2026, and every second year thereafter, the act requires an upward adjustment of the maximum dollar amount of all treasurer fees. The act make technical modifications to the provisions governing county treasurer tax lien sales for the collection of delinquent property taxes. It clarifies certain definitions and standardizes the use of defined terms. The act also modifies certain provisions and repeals obsolete provisions in conformity with the new process to obtain a treasurer's deed for a property subject to a tax lien. Additionally, the act repeals and reenacts, with changes, the public auction process established in 2024 that is required prior to the issuance of a treasurer's deed to protect against an unconstitutional taking of a taxpayer's property or property value, in excess of their tax debt. The act models the public auction process on the public trustee foreclosure process. The act creates new definitions and modifies and expands the provisions for a public auction, including related rights, limitations, and records. The modified process applies to a treasurer's deed issued on or after June 1, 2026, regardless of the date of the tax lien sale, application for treasurer's deed, or commencement of any related proceeding.(Note: This summary applies to this bill as enacted.)
The act requires a licensee, nurse, or certified midwife who performs a medical forensic examination to inform the victim-survivor about how to determine when the testing related to the examination is complete and how to obtain the results and records. The act subjects a cause of action against a person arising from any protected statement by a victim-survivor to a special motion to dismiss unless the court determines that the plaintiff has established that there is a reasonable likelihood that the plaintiff will prevail on the claim. The act makes a predispute arbitration agreement and predispute joint-action waiver void and unenforceable upon request of an individual who alleges conduct that results in a sexual harassment dispute or a sexual misconduct dispute or upon request of a named representative of a joint action, class action, or collective action that results in a sexual harassment dispute or a sexual misconduct dispute. The act requires a judge to allow a forensic scientist to testify remotely in a criminal proceeding if a party requests and both parties consent to the remote testimony. The act authorizes the court to order that the testimony of a victim-survivor of domestic violence, unlawful sexual behavior, stalking, human trafficking for involuntary servitude, or human trafficking for sexual servitude be taken in a room other than the courtroom and be televised by closed-circuit television in the courtroom under certain circumstances. The act requires peace officer annual in-service training programs to include a 2-hour training to improve a peace officer's understanding of the impact of trauma on victim-survivors of crimes and the optimal way for a peace officer to respond to victim-survivors who are experiencing trauma and includes trauma-informed investigation and response training as a permissible use of peace officer training and support fund money. The act renames the Colorado sexual assault forensic medical evidence review board as the Colorado sexual assault response review board and adds 4 members to the board.(Note: This summary applies to this bill as enacted.)
Existing law requires a county or municipality to publish legal notices in a physical print newspaper. The act requires a newspaper to also publish these notices online, either on its own website or by providing a link on its website to a location where the full text of the notice is available, such as the statewide public notice website. Legal notices published online must be free to access and cannot be kept behind a paywall or subscription. The act also requires the statewide public notice website to include a list of newspapers that meet the requirements to publish legal notices.(Note: This summary applies to this bill as enacted.)
In 2024, the general assembly enacted Senate Bill 24-205, which created consumer protections in interactions with artificial intelligence systems. The act repeals and reenacts those provisions with new requirements regarding the use of automated decision-making technology in consequential decisions. The act defines an 'automated decision-making technology' (ADMT) as a technology that processes personal data and uses computation to generate output, including predictions, recommendations, classifications, rankings, scores, or other information that is used to make, guide, or assist a decision, judgment, or determination concerning an individual. The act defines a 'consequential decision' as a decision that relates to an individual's access to, eligibility for, or compensation related to education, employment, housing, financial or lending services, insurance, health-care services, or essential government services and public benefits. The act requires the developer of an ADMT (developer) that is used to materially influence a consequential decision (covered ADMT), starting January 1, 2027, to provide a deployer of a covered ADMT (deployer) with technical documentation describing the covered ADMT's intended uses, categories of training data, known limitations, and instructions for appropriate use and human review. Developers must notify deployers of material updates or modifications to the covered ADMT. Both developers and deployers are required to retain records necessary to demonstrate compliance with the act for at least 3 years. The act establishes consumer notice requirements, mandating that deployers provide clear and conspicuous notice to consumers at the point of interaction with a covered ADMT. A deployer is required to provide a consumer with a plain language description of a covered ADMT's role within 30 days after the covered ADMT makes a consequential decision that results in an adverse outcome for the consumer. The attorney general must adopt rules to clarify these post-adverse outcome disclosure requirements by January 1, 2027. Consumers have the right to request personal data and correction of factually incorrect personal data used by a covered ADMT. The act also grants consumers the right to request meaningful human review and reconsideration following a covered ADMT making a consequential decision resulting in an adverse outcome. The attorney general is directed to enforce the act through the 'Colorado Consumer Protection Act', and a violation of the act is deemed a deceptive trade practice. Before initiating an action before January 1, 2030, the attorney general must provide the developer or deployer with a 60-day notice and opportunity to cure the alleged violation, if a cure is deemed possible. The act does not create a new private right of action but establishes how fault is allocated between developers and deployers in civil actions alleging unlawful discrimination under existing law. Specified entities are exempted from the requirements of the act to the extent the entities comply with other legal obligations.(Note: This summary applies to this bill as enacted.)
Current law requires each principal department of the state (department) to establish a schedule to review all of its rules. The act requires the review to occur at least every 5 years. Current law directs each department to make certain determinations when conducting the review of the rules. The act requires the following additional determinations:Whether the department has rules with the same or similar purpose, intent, or goal and, if so, how those are coordinated and whether redundant rules can be eliminated;Whether the rule is outdated or obsolete;Whether funding levels to support the program or function subject to the rule are appropriate; andWhether there are opportunities to improve the effectiveness of the rule in meeting its purpose, intent, or goal. Current law requires each department to present a report at its 'SMART Act' hearing regarding its mandatory review of all rules. The act permits the committee of reference presiding over the 'SMART Act' hearing to make a recommendation whether a program or function subject to the rules should be subject to a sunset review or may make a recommendation to the legislative audit committee for an audit by the office of the state auditor. The act clarifies the attorney general's responsibility regarding litigation discovery on behalf of the state of Colorado or on behalf of the people of the state of Colorado.(Note: This summary applies to this bill as enacted.)
