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Mod to Defense of Not Guilty by Reason of Insanity

Concerning modifications to the affirmative defense of not guilty by reason of insanity.

SB26-014 2026 Regular Session Signed into Law Courts & Judicial Crimes, Corrections, & Enforcement Human Services

Cost estimates

At the first note read
$0
FACT January 16, 2026
At the last note read
$0
FACT June 15, 2026
What it actually cost
not published
No Colorado source reports spending for one bill

Every figure here is an estimate by Legislative Council Staff on the date shown, about the version of the bill in front of them that day. It is not a cost.

The appropriation

The note states no appropriation is required.

An appropriation is money the legislature sets aside. It is not money spent.

The appropriation field, read from the note: No appropriation is required.

Bill summary

     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.

     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.

FACT Bill summary by Colorado Legislative Council Staff, read 2026-09-23. Printed as published, word for word. Source: leg.colorado.gov (opens in a new tab)