ColoradoNot Guilty by Reason of Insanity Defense
What it does
When a plea of not guilty by reason of insanity is accepted by a court, the act requires the court, in consultation with the department of human services (CDHS) and the parties, to determine whether a sanity examination requires the defendant to stay overnight for an extended examination and the number of days of the extended examination. If the defendant is in custody, the act authorizes the sanity examination to be conducted at the jail or place of confinement or at a facility operated by or under contract with CDHS. If the defendant is at liberty on summons or on bond, the act authorizes the sanity examination to be conducted at a facility operated by or contracted with CDHS or at an out-of-custody location that the court and CDHS determine is appropriate.
More detail
If a sanity examination is recorded, the act prohibits a defendant from being dressed in prison or jail clothing and prohibits restraints on the defendant from being visible on the recording.
Current law authorizes psychiatrists, forensic psychologists, and other personnel conducting a sanity examination to conduct a narcoanalytic interview of the defendant with drugs that are medically appropriate, to subject the defendant to a polygraph examination, and to testify to the results of the procedures, statements, and reactions of the defendant. The act repeals this provision.
The act makes conforming amendments and technical corrections. (Note: This summary applies to this bill as enacted.)
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Mar 14Governor Jared Polis SignedBecame Law
- Mar 7Sent to the GovernorTo Governor
- Mar 6Signed by the President of the Senate
- Mar 5Signed by the Speaker of the House
- Feb 18Senate Third Reading Passed - No AmendmentsPassed Senate
- Vote recorded BILL. Result: pass.Upper
- Feb 14Senate Second Reading Passed - No AmendmentsMinor
- Feb 13Senate Second Reading Laid Over Daily - No Amendments
- Feb 10Senate Committee on Judiciary Lay Over Unamended - Amendment(s) Failed
- Feb 10Senate Committee on Judiciary Refer Unamended to Senate Committee of the WholeMinor
- Jan 29Introduced In Senate - Assigned to JudiciaryMinor
- Jan 27House Third Reading Passed - No AmendmentsPassed House
- Vote recorded BILL. Result: pass.Lower
- Jan 24House Second Reading Special Order - Passed with Amendments - Committee
- Jan 21House Committee on Judiciary Refer Amended to House Committee of the WholeMinor
- Jan 8Introduced In House - Assigned to JudiciaryIntroduced