Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to pass a bill that amends the process when an individual pleads not guilty by reason of insanity in Colorado.

Highlights:

• Establishes that when a plea of not guilty by reason of insanity is accepted by a court, 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 (Sec. 1-27).

• Specifies that if the defendant is in custody, the bill 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 (Sec. 1-27).

• Specifies that if the defendant is at liberty on summons or on bond, the bill 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 (Sec. 1-27).

• Specifies that if a sanity examination is recorded, the bill prohibits a defendant from being dressed in prison or jail clothing and prohibits restraints on the defendant from being visible on the recording (Sec. 1-27).

• Repeals current law that authorized psychiatrists, forensic psychologists, and other personnel conducting a sanity examination to conduct a narcoanalytic interview of the defendant with medically appropriate drugs, to subject the defendant to a polygraph examination, and to testify to the results of the procedures, statements, and reactions of the defendant (Sec. 1-27).

• Specifies that the provisions of this bill shall take effect 90 days following the final adjournment date of the current legislative session (Sec. 28).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends the process when an individual pleads not guilty by reason of insanity in Colorado.

Highlights:

• Establishes that when a plea of not guilty by reason of insanity is accepted by a court, 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 (Sec. 1-27).

• Specifies that if the defendant is in custody, the bill 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 (Sec. 1-27).

• Specifies that if the defendant is at liberty on summons or on bond, the bill 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 (Sec. 1-27).

• Specifies that if a sanity examination is recorded, the bill prohibits a defendant from being dressed in prison or jail clothing and prohibits restraints on the defendant from being visible on the recording (Sec. 1-27).

• Repeals current law that authorized psychiatrists, forensic psychologists, and other personnel conducting a sanity examination to conduct a narcoanalytic interview of the defendant with medically appropriate drugs, to subject the defendant to a polygraph examination, and to testify to the results of the procedures, statements, and reactions of the defendant (Sec. 1-27).

• Specifies that the provisions of this bill shall take effect 90 days following the final adjournment date of the current legislative session (Sec. 28).

Full Bill Text