Colorado § 16-8.5-110 - Restoration services - inpatient and outpatient.

§ 16-8.5-110. Restoration services - inpatient and outpatient.

(1) Order for restoration services. If the final determination made pursuant to section 16-8.5-103 is that the defendant is incompetent to proceed, unless the court finds after a restorability hearing held pursuant to section 16-8.5-113 that the defendant is unrestorable, the court has the following requirements and options:

(a) If the defendant is out of custody or will be released soon, the court shall order restoration services take place on an outpatient basis, unless the recommendation from CDHS is that inpatient restoration services are clinically appropriate, and:

(I) The court shall order that the defendant participate in restoration services as a condition of any bond;

(II) The court may appoint a bridges court liaison hired or contracted pursuant to article 95 of title 13 or may order that the defendant cooperate with pretrial services, if available, and the court may order pretrial services or a bridges court liaison, or both, to work with the defendant, CDHS, and the restoration services provider under contract with CDHS to assist in securing appropriate support and care management services for the defendant, which may include housing resources; and

(III) The court shall conduct a nonappearance review fourteen days after the defendant's release from custody to ensure the defendant has been released. If the defendant is not released by the date of the nonappearance review, the court shall set a hearing to determine whether the defendant will be released or to enter an order pursuant to subsection (1)(c) of this section.

(b) If the defendant is in-custody on a class 1 misdemeanor, a misdemeanor described in part 13 of article 4 of title 42, or an offense charged pursuant to section 42-4-1402 (2)(c), the court shall set a hearing on bond within seven days after the court's final determination that the defendant is incompetent to proceed. At the bond hearing, there is a presumption that the court order a personal recognizance bond and enter an order for restoration services pursuant to subsection (1)(a) of this section. In order to deny the defendant a personal recognizance bond and enter an order to commit the defendant for inpatient restoration services pursuant to subsection (1)(c) of this section, the court must make findings of fact that extraordinary circumstances exist to overcome the presumption of release by clear and convincing evidence. If the court denies a personal recognizance bond, the court shall notify CDHS of the specific findings the court made to deny the personal recognizance bond. The judicial department shall develop a form for a court to use to notify CDHS of the court's findings that are required by this subsection (1)(b).

(c) If the court finds that the defendant is not eligible for release from custody or not able to post the monetary condition of bond, or the court approves a recommendation from CDHS that inpatient restoration services are clinically appropriate, the court shall commit the defendant to the custody of CDHS and order inpatient restoration services.

(2) Outpatient restoration services.

(a) If the defendant is out of custody and the court has ordered outpatient restoration services pursuant to subsection (1)(a) of this section:

(I) Pursuant to section 27-60-105, CDHS is the entity responsible for the coordination of all competency restoration services, including the oversight of restoration education; and

(II) The restoration services provider under contract with CDHS shall notify the court, CDHS, the bridges court liaison, and any other designated agency within twenty-one days after the court's order if restoration services have not started and include a description of the efforts that have been made to engage the defendant in services.

(b) If, in the process of coordinating outpatient restoration services for a defendant, CDHS determines that the defendant meets the criteria for the initiation of a civil proceeding, CDHS may request, in writing, that the court order the initiation of a civil proceeding pursuant to section 16-8.5-117.

(c) If CDHS determines that it is unable, within a reasonable time, to provide restoration services on an outpatient basis, CDHS shall notify the court within fourteen days after its determination, at which point the court shall review the case and determine what interim mental health services CDHS or a community provider can provide to the defendant. If a bridges court liaison is appointed, CDHS shall report to the bridges court liaison every twenty-eight days concerning the availability of restoration services on an outpatient basis to the defendant.

(3) Inpatient restoration services.

(a) If the court commits the defendant to the custody of CDHS and orders inpatient restoration services:

(I) The executive director shall designate a state facility or facilities where the defendant is held for care and psychiatric treatment and receives restoration services, and the executive director may effectuate the defendant's transfer from one facility to another if, in the opinion of the executive director, doing so is in the best interest of proper care, custody, and treatment of the defendant or the protection of the public or the personnel of the facilities in question. CDHS shall provide restoration services at an appropriate inpatient program. CDHS shall notify the court, the bridges court liaison, the prosecuting attorney, and the defense attorney when the defendant is placed or moved to a different program.

(II) CDHS shall admit tier 1 defendants for inpatient restoration services within seven days after receipt of the court order and collateral materials;

(III) CDHS shall admit tier 2 defendants for inpatient restoration services within twenty-eight days after receipt of the court order and collateral materials and shall advise the court and the bridges court liaison, if applicable, every twenty-eight days after the initial twenty-eight-day period regarding the availability of an inpatient bed and when admission will be offered to the defendant.

(b) If a defendant is receiving inpatient restoration services and the executive director concludes that:

(I) A less-restrictive facility would be more clinically appropriate, the executive director, with proper notice to the court and consistent with the provisions of part 3 of article 4.1 of title 24, may move the defendant to a less-restrictive facility if, in the executive director's opinion, the defendant is not yet restored to competency but could be properly restored to competency in a less-restrictive facility. If the defendant is not released from custody, the court shall order CDHS to provide inpatient restoration services at a location determined by CDHS.

(II) Outpatient restoration services would be more clinically appropriate, CDHS shall notify the court; request that the defendant be considered for release on a nonmonetary bond if the defendant is not currently released on bond; and provide information to the court regarding the appropriate outpatient restoration services, developed in conjunction with the bridges court liaison, when assigned, and the reasons why the defendant could be properly restored to competency on an outpatient basis.

(c) If the defendant posts bond or the court orders outpatient restoration services in lieu of continued inpatient restoration services, or if CDHS believes that the defendant is restored to competency and the defendant is to be released to the community rather than jail upon discharge, CDHS shall:

(I) Assist the defendant with any necessary transportation;

(II) Provide the necessary case and medication information for the defendant to the bridges court liaison and the community agency that will provide continued restoration, if applicable, or services;

(III) Notify the court and the bridges court liaison that the defendant was released and the defendant's community bond status; and

(IV) Coordinate with the court; pretrial services, if applicable; and the bridges court liaison to ensure the defendant receives written notice of the defendant's next court appearance and bond conditions.

(d) If the defendant is discharged from CDHS's custody after receiving inpatient restoration services and the defendant is to be returned to the custody of the county jail, CDHS shall:

(I) Notify the sheriff of the jurisdiction where the defendant is to be returned;

(II) Notify the court and the bridges court liaison that CDHS is returning the defendant to the custody of the county jail; and

(III) Work with the sheriff, the bridges court liaison, and any behavioral health providers in the county jail to ensure that the county jail has the necessary information to prevent any decompensation by the defendant while the defendant is in the county jail, which must include medication information when clinically appropriate.

Source: L. 2026: Entire article amended with relocations, (SB 26-149), ch. 142, p. 695, § 1, effective May 21.

Editor's note: (1) This section was relocated to § 16-8.5-108 (2)(a) in 2026.

(2) The provisions of this section are similar to several former provisions of § 16-8.5-111 as they existed prior to 2026. For a detailed comparison, see the comparative tables located in the back of the index.