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First Regular Session | 75th General Assembly
Colorado General Assembly
HB22-1061

Modifications To Not Guilty By Reason Of Insanity

Type Bill
Session 2022 Regular Session
Subjects
Crimes, Corrections, & Enforcement

Concerning modifications to not guilty by reason of insanity, and, in connection therewith, making an appropriation.

Bill Summary:

If the trier of fact finds a defendant not guilty by reason of insanity (NGRI) for a crime that is not a class 1 or class 2 felony, resulted in another person suffering serious bodily injury or death, involved the defendant using a deadly weapon, or involved felony unlawful sexual behavior, the act authorizes the court, at the request of the defendant, to allow the defendant to remain at liberty or set a hearing to modify the bond and delay final disposition, delay formal entry of the finding of NGRI, and stay the commitment of the defendant to the custody of the department of human services (state department) until the conclusion of the initial release hearing. If the defendant is on bond, the act requires the court to order the state department to conduct a release examination on an outpatient basis.

Upon an initial commitment following a finding of NGRI, or upon delaying the final entry of the finding of NGRI, the act requires the court to schedule an initial release hearing no later than 120 days after the initial commitment. The act requires the court to conduct the initial release hearing. The act requires the court to order the state department to complete a release examination no later than 30 days prior to the initial release hearing. The act authorizes the court to continue the hearing beyond 120 days upon a finding of good cause or if necessary to conduct a second evaluation of the defendant.

Beginning September 1, 2022, the act requires the chief officer of the institution at which the defendant is committed to annually submit a release examination report to the court certifying whether the defendant continues to meet the criteria for ongoing inpatient hospitalization or meets the applicable test for release. The act describes what must be included in the release examination report.

The act appropriates $868,271 to the state department from the general fund for use by the office of behavioral health.


(Note: This summary applies to this bill as enacted.)

Prime Sponsors

Senator Judy Amabile

Representative

Judy Amabile

Representative Adrienne Benavidez

Representative

Adrienne Benavidez

Senator Julie Gonzales

Senator

Julie Gonzales

Committees

House

Judiciary

Appropriations

Status

Became Law

Introduced

Passed

Became Law

Related Documents & Information

Date Version Documents
06/08/2022 Signed Act PDF
06/06/2022 Final Act PDF
05/10/2022 Rerevised PDF
05/09/2022 Revised PDF
05/06/2022 Reengrossed PDF
05/05/2022 Engrossed PDF
01/14/2022 Introduced PDF
Date Version Documents
05/05/2022 PA2 PDF
02/18/2022 PA1 PDF
Date Version Documents
07/18/2022 FN4 PDF
05/06/2022 FN3 PDF
03/28/2022 FN2 PDF
02/15/2022 FN1 PDF
Date Version Documents
05/09/2022 SA2 PDF
05/04/2022 SA1 PDF
Activity Vote Documents
Adopt amendment J.001 The motion passed without objection. Vote summary
Refer House Bill 22-1061, as amended, to the Committee of the Whole. The motion passed on a vote of 7-4. Vote summary
Hearing Summary
|
Committee Report:  PDF
Activity Vote Documents
Adopt amendment L.002 (Attachment I) The motion passed without objection. Vote summary
Adopt amendment L.001 (Attachment J) The motion passed without objection. Vote summary
Refer House Bill 22-1061, as amended, to the Committee on Appropriations. The motion passed on a vote of 6-5. Vote summary
Hearing Summary
|
Committee Report:  PDF
Date Calendar Motion Vote Vote Document
05/10/2022 Third Reading BILL
20
AYE
15
NO
0
OTHER
 		Vote record
Date Calendar Motion Vote Vote Document
05/06/2022 Third Reading BILL
40
AYE
25
NO
0
OTHER
 		Vote record
Date Amendment Number Committee/ Floor Hearing Status Documents
05/05/2022 J.001 HOU Appropriations Passed [*] PDF
02/16/2022 L.001 HOU Judiciary Passed [*] PDF
02/16/2022 L.002 HOU Judiciary Passed [*] PDF

* Amendments passed in committee are not incorporated into the measure unless adopted by the full House or Senate.

** The status of Second Reading amendments may be subsequently affected by the adoption of an amendment to the Committee of the Whole Report. Refer to the House or Senate Journal for additional information.

Date Location Action
06/08/2022 Governor Governor Signed
06/06/2022 Governor Sent to the Governor
06/06/2022 Senate Signed by the President of the Senate
06/03/2022 House Signed by the Speaker of the House
05/10/2022 Senate Senate Third Reading Passed - No Amendments
05/09/2022 Senate Senate Second Reading Special Order - Passed - No Amendments
05/09/2022 Senate Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
05/06/2022 Senate Introduced In Senate - Assigned to Appropriations
05/06/2022 House House Third Reading Passed - No Amendments
05/05/2022 House House Second Reading Special Order - Passed with Amendments - Committee
05/05/2022 House House Committee on Appropriations Refer Amended to House Committee of the Whole
02/16/2022 House House Committee on Judiciary Refer Amended to Appropriations
01/14/2022 House Introduced In House - Assigned to Judiciary
Effective Date Chapter # Title Documents
08/10/2022 438 Modifications To Not Guilty By Reason Of Insanity PDF

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