NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 07-003
      
      
      BY SENATOR(S) Kester, Takis, and Windels;
      also REPRESENTATIVE(S) Jahn, Solano, Stafford, Carroll T., Green,
      Labuda, Stephens, and Todd.
      
      
      Concerning the creation of an advisory board to make
           recommendations concerning competency evaluations in
           adult criminal cases.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Article 8 of title 16, Colorado Revised Statutes, is
      amended BY THE ADDITION OF A NEW SECTION to read:
      
           16-8-106.5.  Competency evaluation advisory board - creation -
      membership - duties - repeal.  (1)  There is hereby created the
      competency evaluation advisory board, referred to in this section
      as the "advisory board", in the department of human services that
      shall study and recommend standards to the state board of
      human services regarding the level of training, education, and
      experience that a psychiatrist or psychologist shall have to be
      considered qualified to perform competency evaluations in
      criminal cases pursuant to sections16-8-106 and 16-8-111.  The
      advisory board shall additionally make recommendations to the
      state board of human services concerning standards for
      conducting and reporting the competency evaluations.
      
           (2)  The executive director of the department of human
      services, or his or her designee, shall serve as chair of the
      advisory board and shall appoint the remaining members of the
      advisory board.  The advisory board shall consist of up to
      fourteen members, including but not limited to:
      
           (a)  A psychiatrist who is trained in forensic competency
      assessments;
      
           (b)  A licensed psychologist who is trained in forensic
      competency assessments;
      
           (c)  A licensed clinical social worker who is trained in
      forensic competency assessments;
      
           (d)  A licensed professional counselor who is trained in
      forensic competency assessments;
      
           (e)  A representative of the unit within the department of
      human services that is responsible for mental health services;
      
           (f)  A person who represents district attorneys within the
      state;
      
           (g)  A person who represents defense attorneys within the
      state;
      
           (h)  A representative from the task force established
      pursuant to section 18-1.9-104, C.R.S.;
      
           (i)  A family member of a person who had been subject to the
      competency evaluation process at some time;
      
           (j)  A representative of the judicial department; and
      
           (k)  A representative of the Colorado Mental Health
      Institute at Pueblo.
      
           (3)  The advisory board shall report its findings and
      recommendations to the department of human services no later
      than January 30, 2008, and no later than January 30 each year
      thereafter.
      
           (4)  Based on the recommendations of the advisory board,
      the state board of human services shall promulgate rules and
      adopt procedures to establish and implement the standards
      identified in subsection (1) of this section.
      
           (5)  This section is repealed, effective July 1, 2010.
      
           SECTION 2.  26-1-107 (6), Colorado Revised Statutes, is amended
      BY THE ADDITION OF A NEW PARAGRAPH to read:
      
           26-1-107.  State board of human services.  (6)  The state board
      shall:
      
           (h)  Adopt rules concerning standards for the level of
      training, education, and experience that a psychiatrist or
      psychologist shall have to be qualified to perform competency
      evaluations in criminal cases pursuant to sections 16-8-106 and
      16-8-111, C.R.S., and standards for conducting and reporting
      competency evaluations in criminal cases.  Prior to adopting the
      rules, the state board shall consider recommendations from the
      competency evaluation advisory board created in section
      16-8-106.5, C.R.S.
      
           SECTION 3.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      Joan Fitz-Gerald                      Andrew Romanoff
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO