Colorado § 16-8-115.5 - Enforcement and revocation of conditional release from commitment.

§ 16-8-115.5. Enforcement and revocation of conditional release from commitment.

(1) The terms and conditions imposed upon a defendant's release pursuant to section 16-8-115 (3) or (4) may be enforced as are any other orders of court.

(2) (Deleted by amendment, L. 94, p. 1423, §2, effective July 1, 1994.)

(3) Whenever the director of forensic services in the department of human services, or the director's designee, has probable cause to believe that the defendant has become ineligible to remain on conditional release, the director, or the director's designee, shall notify the district attorney for the judicial district where the defendant was committed. The director, or the director's designee, or the district attorney shall apply for a warrant to be directed to the sheriff or a peace officer in the jurisdiction where the defendant resides or may be found, commanding the sheriff or peace officer to take custody of the defendant. The application must include the order conditionally releasing the defendant pursuant to section 16-8-115 (3) and supporting documentation showing that the defendant has become ineligible to remain on conditional release. The committing court and the district court for the tenth judicial district are authorized to issue a warrant pursuant to section 16-1-106. The director, or the director's designee, shall mail a copy of the application to the committing court and the district attorney in the committing jurisdiction.

(4) The sheriff or peace officer to whom the warrant is directed pursuant to subsection (3) of this section shall take all necessary legal action to take custody of the defendant. A sheriff shall deliver the defendant immediately to the hospital where the defendant was committed, and the hospital shall provide care and security for the defendant. If any other peace officer takes custody of the defendant, the peace officer shall deliver the defendant to the custody of the sheriff of the jurisdiction where the defendant was found, and the sheriff shall comply with this subsection (4).

(5) The hospital where the defendant was committed shall examine the defendant to evaluate the defendant's ability to remain on conditional release. The examination must be consistent with the procedure provided in section 16-8-106. If the defendant refuses to submit to and cooperate with the examination, the committing court shall revoke the conditional release. The examination must be completed within twenty-one days after the defendant has been delivered to the hospital as a result of the defendant's arrest. The hospital shall mail or deliver a written report of the examination to the committing court and the district attorney in the committing jurisdiction promptly after the examination is completed. The defendant may request an examination as provided in section 16-8-108.

(6) (a) The district attorney for the judicial district where the defendant was committed may file in the committing court a petition for the revocation of the defendant's conditional release. The petition must set forth the name of the defendant, an allegation that the defendant has become ineligible to remain on conditional release, and the substance of the evidence sustaining the allegation.

(b) If the district attorney for the committing judicial district does not file a petition for revocation, as provided in subsection (6)(a) of this section, within ten days after the defendant is delivered to the hospital where the defendant was committed, the defendant must be immediately released from custody; except that, upon a showing of good cause by the district attorney, the court may grant a reasonable extension of time to file the petition for revocation.

(c) The court may dismiss revocation proceedings at any time upon receipt of a written request for dismissal from the district attorney who filed the petition for revocation.

(d) The district attorney for the committing judicial district shall ensure that the defendant receives a copy of the petition for revocation prior to any appearance by the defendant before the court.

(7) (Deleted by amendment, L. 97, p. 1554, § 9, effective July 1, 1997.)

(8) Within thirty-five days after the defendant is delivered to the hospital where the defendant was committed pursuant to subsection (4) of this section, and if the defendant is not released from custody pursuant to subsection (6)(b) of this section, the committing court shall hold a hearing on the petition for revocation of conditional release. At the hearing, any evidence having probative value is admissible, but the defendant is permitted to offer testimony and to call, confront, and cross-examine witnesses. If the court finds by a preponderance of the evidence that the defendant has become ineligible to remain on conditional release, the court must enter an order revoking the defendant's conditional release and recommitting the defendant. At any time thereafter, the defendant may be afforded a release hearing as provided in section 16-8-115. If the court does not find by a preponderance of the evidence that the defendant has become ineligible to remain on conditional release, the court shall dismiss the petition and reinstate or modify the original order of conditional release.

Source: L. 81: Entire section added, p. 932, § 2, effective July 1. L. 94: Entire section amended, p. 1423, § 2, effective July 1. L. 97: Entire section amended, p. 1554, § 9, effective July 1. L. 2002: (1) amended, p. 500, § 3, effective July 1. L. 2012: (5) and (8) amended, (SB 12-175), ch. 208, p. 850, § 77, effective July 1. L. 2025: (3), (4), (5), (6)(a), (6)(b), and (8) amended, (HB 25-1058), ch. 15, p. 54, § 18, effective August 6.

ANNOTATION

No finding of dangerousness is necessary to hold defendant ineligible to remain on conditional release if defendant has violated one or more conditions of release. The condition violated must bear a substantial relationship to the prevention of recurring mental illness or the management of an insanity acquittee's existing mental illness, and to the prevention of future dangerous behavior arising from the mental illness. If defendant has violated such a condition, the court may revoke the conditional release without infringing upon due process. People v. Garlotte, 958 P.2d 469 (Colo. App. 1997).