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Legislative Year: 2023 Change

Bill Detail: HB23-1138

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Title Procedures Related To Adult Competency
Status Sent to the Governor (05/17/2023)
Bill Subjects
  • Crimes, Corrections, & Enforcement
  • Human Services
House Sponsors M. Soper (R)
J. Amabile (D)
Senate Sponsors R. Rodriguez (D)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 01/31/2023

The bill removes the requirement that if a defendant is in jail or an
inpatient setting, a finding that the defendant is an imminent danger to the
defendant's self or others is required for the competency evaluation and
report. If the competency evaluation determines that the defendant meets
the criteria for civil certification and inpatient services, the behavioral
health administration (BHA) shall, directly or through a contract, provide
care coordination services for the defendant. If the court orders, as a
condition of bond, that restoration to competency take place on an
outpatient basis, the department of human services is responsible for the
oversight of restoration education and coordination of services.
Under specific conditions, the bill allows that upon petition of the
district attorney, a professional person, a representative of the BHA, a
representative of the office of civil and forensic mental health, or other
responsible person (responsible party), a court may certify a respondent
for short-term treatment in the custody of the BHA for not more than 3
months without requiring an emergency 72-hour hold. A court shall not
accept a petition for certification for short-term treatment unless the
respondent has a documented refusal to certified treatment.
Upon filing of the petition, the court shall immediately appoint an
attorney to represent the respondent. The respondent's attorney may
request a jury trial within 14 days after receipt of the petition. The
respondent has the right to an attorney for all proceedings conducted
related to the respondent's competency and certification for treatment and
The respondent may, at any time, file a written request to contest
the petition, in which case the court shall set the hearing no later than 14
days after the petition was filed. If, after hearing all of the relevant
evidence, the court finds grounds for certification have been established
by clear and convincing evidence and that the BHA is able to provide
adequate and appropriate treatment for the respondent that will likely be
beneficial to the respondent's recovery, the court shall commit the
respondent to the BHA's custody.
The act takes effect January 1, 2024.

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with Amendments
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