Section 19-2.5-704 - Procedure after determination of competency or incompetency(1) If the court finally determines pursuant to section 19-2.5-703 that the juvenile is competent to proceed, the court shall order that the suspended proceeding continue or, if a mistrial has been declared, shall reset the case for trial at the earliest possible date.(2)(a) If the court finally determines pursuant to section 19-2.5-703 that the juvenile is incompetent to proceed but may be restored to competency in the reasonably foreseeable future, the court shall stay the proceedings and order that the juvenile receive services designed to restore the juvenile to competency, based upon recommendations in the competency evaluation, unless the court makes specific findings that the recommended services in the competency evaluation are not justified. The court shall order that the restoration services ordered are provided in the least-restrictive environment, taking into account the public safety and the best interests of the juvenile, and that the provision of the services and the juvenile's participation in those services occur in a timely manner. The court shall hold a restoration progress review hearing at least every ninety-one days until competency is restored, unless the juvenile is in custody, in which event the court shall hold a restoration progress review hearing every thirty-five days to ensure the prompt provision of services in the least-restrictive environment. The court shall not maintain jurisdiction longer than the maximum possible sentence for the most serious offense, unless the court makes specific findings of good cause to retain jurisdiction. However, the juvenile court's jurisdiction shall not extend beyond the juvenile's twenty-first birthday.(b) Pursuant to section 27-60-105, the department is the entity responsible for the oversight of restoration education and coordination of services necessary to competency restoration.(c) The court or a party may raise, at any time, the need for a restoration evaluation of a juvenile's competency. If raised, the court shall order a restoration evaluation only when there is credible information that the juvenile's circumstances have changed, the court cannot fairly determine whether the juvenile has been restored to competency or will be able to be restored to competency in the reasonably foreseeable future, and the cause for a restoration evaluation outweighs the negative impact of a restoration evaluation upon the juvenile and any delay that will be caused by a restoration evaluation. The court may hold a hearing to determine if a restoration evaluation must be ordered. If the court orders a restoration evaluation, such evaluation must meet the requirements of section 19-2.5-703 (4).(2.5)(a) If the court finds a juvenile is incompetent to proceed and the juvenile has been incompetent to proceed for a period of time that exceeds the time limits set forth in this subsection (2.5), the court shall enter a finding that the juvenile is unrestorable to competency and shall determine whether a management plan for the juvenile is necessary pursuant to subsection (3)(a) of this section. The time limits are as follows: (I) If the highest charged act constitutes a misdemeanor, A misdemeanor drug offense, a petty offense, or a traffic offense, and the juvenile is not restored to competency after a period of six months, the court shall find the juvenile unrestorable to competency;(II) If the highest charged act constitutes a class 4, 5, or 6 felony, or a level 3 or 4 drug felony, and the juvenile is not restored to competency after a period of one year, the court shall find the juvenile unrestorable to competency;(III) If the highest charged act constitutes a class 3 felony or a level 1 or 2 drug felony, except for a charge that constitutes an act that alleges the juvenile is an aggravated juvenile offender pursuant to section 19-2.5-1125 (4), and the juvenile is not restored to competency after a period of two years, the court shall find the juvenile unrestorable to competency; or(IV) If the highest charged act constitutes a class 1 or 2 felony or for a charge that constitutes an act that alleges the juvenile is an aggravated juvenile offender pursuant to section 19-2.5-1125 (4) and the juvenile is not restored to competency after a period of five years, the court shall find the juvenile unrestorable to competency.(b) Upon a motion from the prosecuting attorney filed prior to the expiration of the time limits set forth in subsection (2.5)(a) of this section, the court may extend the time limits set forth in subsection (2.5)(a) of this section for an additional three months if the court, after a hearing, makes factual findings that:(I) The juvenile has failed to attend or substantially cooperate with restoration treatment;(II) There is a reasonable likelihood of restoration in the foreseeable future if the juvenile cooperates with restoration treatment; and(III) The juvenile's lack of cooperation is not the result of an intellectual and developmental disability, mental or behavioral health disorder, or a lack of mental capacity.(c) Nothing in this subsection (2.5) precludes a court from determining a juvenile is unlikely to be restored to competency in the reasonably foreseeable future and entering an order that the juvenile is unrestorable to competency pursuant to subsection (3)(a) of this section through a competency hearing or restoration to competency hearing conducted at any time prior to the expiration of the time limits set forth in subsection (2.5)(a) of this section, based upon the available evidence.(3)(a) If the court finally determines pursuant to section 19-2.5-703 or 19-2.5-703.5 that the juvenile is incompetent to proceed and cannot be restored to competency in the reasonably foreseeable future, the court shall enter an order finding the juvenile unrestorable to competency and shall determine whether a management plan for the juvenile is necessary, taking into account the public safety and the best interests of the juvenile. If the court determines a management plan is necessary, the court shall develop the management plan after ordering that the juvenile be placed in the least-restrictive environment, taking into account the public safety and best interests of the juvenile. If the court determines a management plan is unnecessary, the court may continue any treatment or plan already in place for the juvenile. The management plan must, at a minimum, address treatment for the juvenile, identify the party or parties responsible for the juvenile, and specify appropriate behavior management tools, if they are not otherwise part of the juvenile's treatment.(b) The management plan may include: (I) Placement options included in article 10.5 or 65 of title 27;(II) A treatment plan developed by a licensed mental health professional;(III) An informed supervision model;(IV) Institution of a guardianship petition; or(V) Any other remedy deemed appropriate by the court.(c) If the charges are not dismissed earlier by the district attorney, the charges against a juvenile found to be incompetent and unrestorable must be dismissed no later than the maximum possible sentence for the original offense after the date of the court's finding of incompetent and unrestorable, unless the court makes specific findings of good cause to retain jurisdiction. However, the juvenile court's jurisdiction shall not extend beyond the juvenile's twenty-first birthday.(4) A determination pursuant to subsection (2) of this section that a juvenile is incompetent to proceed must not preclude the court from considering the release of the juvenile on bond upon compliance with the standards and procedures for such release prescribed by statute. At any hearing to determine eligibility for release on bond, the court may consider any effect the juvenile's incompetency may have on the juvenile's ability to ensure the juvenile's presence for trial.Amended by 2023 Ch. 423,§ 4, eff. 7/1/2024.Amended by 2023 Ch. 205,§ 6, eff. 8/7/2023.Amended by 2023 Ch. 206,§ 3, eff. 5/16/2023.Amended by 2022 Ch. 421, § 38, eff. 8/10/2022.Amended by 2022 Ch. 222, § 48, eff. 7/1/2022.Renumbered from C.R.S. § 19-2-1303 and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.Amended by 2021 Ch. 463, § 6, eff. 7/6/2021.Amended by 2017 Ch. 404, § 2, eff. 8/9/2017.L. 2021: (4) amended, (SB 21-071), ch. 3336, p. 3336, § 6, effective July 6; entire article added with relocations, (SB 21-059), ch. 612, p. 612, § 2, effective October 1.(1) This section is similar to former § 19-2-1303 as it existed prior to 2021.
(2) Subsection (4) was numbered as 19-2-1303(4) in SB 21-071 (see L. 2021, p. 3336). That provision was harmonized with subsection (4) of this section as it appears in SB 21-059.
2023 Ch. 423, was passed without a safety clause. See Colo. Const. art. V, § 1(3).2023 Ch. 205, was passed without a safety clause. See Colo. Const. art. V, § 1(3).