Rep. Larry Suckla

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.)

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.)

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.)

Under current law, the maximum amount of liability of the petroleum storage tank fund for an individual occurrence of a leak, spill, or release of a petroleum product from an underground storage tank (occurrence) is $2,000,000. The act allows an owner or operator of an underground or aboveground storage tank (owner or operator) to exceed this amount of liability with the permission of the director of the division of oil and public safety (director) and the petroleum storage tank committee (committee). If the director and the committee grant such permission, the director and committee shall establish a new maximum amount of liability per occurrence for the owner or operator.     Under current law, all class I, II, and III liquid fuel products must comply with the most current applicable standards of ASTM International. The act allows the director to adopt a rule or issue policy guidance that provides exceptions to specific requirements established in an ASTM standard.(Note: This summary applies to this bill as enacted.)

The act declares emergency medical services as an essential service in the state and an integral part of the state's health-care infrastructure.      The act also declares that emergency medical service providers, whether responding on duty or as a volunteer and regardless of location, provide essential services when providing emergency ambulance services and nonemergency ambulance services.      The act also updates certain definitions related to emergency medical services, including the addition of a definition of 'out-of-hospital services', which term is defined to mean the furnishing of necessary health-care goods and services outside of a hospital setting but does not include prehospital setting transports.     The act clarifies that an off-duty emergency medical service provider is not obligated to respond to the scene of a medical emergency or provide emergency medical services.(Note: This summary applies to this bill as enacted.)

Beginning January 1, 2027, the act requires an agricultural employer to pay certain agricultural employees overtime pay for time worked in excess of 56 hours in a workweek. The act also increases penalties for an agricultural employer who commits wage theft and repeals the authority of the director of the division of labor standards and statistics to adopt rules concerning overtime pay for agricultural employees.(Note: This summary applies to this bill as enacted.)

Under current law, a political party must ensure that any person, upon request, is able to participate in a precinct caucus or a party assembly with the use of a video conferencing platform or alternative means of participation. The failure of any political party to make a reasonable effort to comply with these accessibility requirements constitutes discrimination on the basis of disability in a place of public accommodation.     The act clarifies that only a person who is otherwise eligible pursuant to statute to participate in a precinct caucus or a party assembly may request video conferencing or another alternative means of participation. The act also clarifies that a person who is subjected to a violation of a political party's duties regarding these accessibility requirements may file suit only against the central committee of the political party holding the caucus or assembly. An individual, including a member of the central committee of the political party or a volunteer for a political party, may not be held liable for a violation of these accessibility requirements. Upon a finding of a violation of these accessibility requirements, a court may require compliance with the applicable accessibility requirement and either actual monetary damages or a statutory fine of $3,500 for each violation.(Note: This summary applies to this bill as enacted.)

Under current law, a parent can voluntarily relinquish their child to a firefighter or hospital or community clinic emergency center staff member if the child is less than 72 hours old. The act allows a parent to voluntarily relinquish their child if the child is 30 days old or younger and requires the department of human services to adopt rules establishing a process for either parent of child who was relinquished to reunify with the child.(Note: This summary applies to this bill as enacted.)

Maddy summaryThis bill designates April 9, 2026, as "Home Education Day" in Colorado to honor parents who educate their children at home. It does not change any laws or affect how education is administered but serves as a symbolic recognition of home schooling within the state. The resolution highlights the number of home-educated students in Colorado and the estimated financial savings to taxpayers associated with this educational choice. Ultimately, the measure is a ceremonial gesture that celebrates home educators without altering existing policies or regulations.

The concurrent resolution submits a constitutional amendment to the voters of the state at the 2026 general election that adds to the nonexclusive list of inalienable rights of all persons the right to direct the upbringing, education, and care of their children.(Note: This summary applies to this concurrent resolution as introduced.)