ColoradoModification to Defense of Not Guilty by Reason of Insanity
What it does
Current law requires the defense to furnish a copy of any report of examination of the defendant that is made at the instance of the defense to the prosecution in a reasonable amount of time in advance of trial. The act requires a copy of the report to also be furnished to the court who, upon receipt of the copy, shall provide a copy to the department of human services. The act authorizes community placement of a defendant for treatment and rehabilitation.
More detail
For a defendant who was charged with a crime allegedly committed on or after July 1, 2026, the act clarifies the legal standard for a defendant's conditional or unconditional release from the department. The standard for unconditional release is that the defendant has no abnormal mental condition that would be likely to cause the defendant to be dangerous to the defendant's self or others or to the community in the reasonably foreseeable future, is capable of distinguishing right from wrong, and has substantial capacity to conform their conduct to the law. The standard for conditional release is that the defendant can satisfy the standard for unconditional release but with the imposition of and compliance with conditions. At an unconditional release hearing for a defendant who is on conditional release, if any evidence is introduced that shows the defendant is ineligible for unconditional release, the defendant has the burden of proving that the defendant meets the applicable test for unconditional release.(Note: This summary applies to this bill as enacted.)
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 20Governor Jared Polis SignedBecame Law
- Apr 8Sent to the GovernorTo Governor
- Apr 7Signed by the President of the SenateMajor
- Apr 7Signed by the Speaker of the HouseMajor
- Apr 6Senate Considered House Amendments - Result was to Concur - Repass
- Vote recorded REPASS. Result: pass.Lower
- Vote recorded CONCUR. Result: pass.Lower
- Vote recorded CONCUR. Result: pass.Upper
- Vote recorded REPASS. Result: pass.Upper
- Apr 2House Third Reading Passed - No AmendmentsPassed House
- Vote recorded BILL. Result: pass.Lower
- Mar 31House Third Reading Laid Over Daily - No Amendments
- Mar 30House Second Reading Special Order - Passed with Amendments - Floor
- Mar 23House Second Reading Laid Over Daily - No Amendments
- Mar 18House Committee on Judiciary Refer Unamended to House Committee of the WholeMinor
- Vote recorded Refer Senate Bill 26-014 to the Committee of the Whole. Result: pass.Upper
- Vote recorded Refer Senate Bill 26-014 to the Committee of the Whole. Result: pass.Lower
- Feb 11Introduced In House - Assigned to JudiciaryMinor
- Feb 10Senate Third Reading Passed - No AmendmentsPassed Senate
- Vote recorded BILL. Result: pass.Lower
- Vote recorded BILL. Result: pass.Upper
- Feb 9Senate Second Reading Passed with Amendments - CommitteeMinor
- Feb 4Senate Committee on Judiciary Refer Amended to Senate Committee of the WholeMinor
- Vote recorded Refer Senate Bill 26-014, as amended, to the Committee of the Whole. Result: pass.Upper
- Vote recorded Adopt amendment L.001 (Attachment A). Result: pass.Upper
- Jan 14Introduced In Senate - Assigned to JudiciaryIntroduced