Senate bill to clarify NGRI release rules, require sharing of defense evaluations advances from Judiciary

Senators advanced Senate Bill 14 as amended to the Committee of the Whole after sponsors and experts described the measure as a statutory update that aligns Colorado law with long-standing practice for defendants found not guilty by reason of insanity (NGRI).

Sponsor Senator Michelson Janae said the bill requires that mental-health examinations conducted at the defense's request be shared not only with the prosecution and the court but also with the Colorado Department of Human Services, clarifies procedures governing conditional and unconditional release, and explicitly authorizes community placement as a form of temporary removal for treatment and rehabilitation. She said the bill establishes standards for when a defendant is no longer considered to have an abnormal mental condition likely to cause danger to themselves, others, or the community.

The measure drew support from public defenders and disability-rights advocates who said the changes are technical but important. "This bill is really to take existing long-standing practices around NGRI and just update the law to make it more consistent and understandable along with existing practices," said James Carbach of the Office of the State Public Defender. Jack Johnson, chair of the task force that recommended statutory updates, said the panel included clinical, advocacy, law enforcement and prosecutorial voices who worked over a year to modernize inconsistent terminology and release standards.

One remote witness, Aubrey Shomo, testified she supported codifying current procedures but also submitted written allegations of past misconduct by the department, including perjury and false charting; she urged consideration of post-conviction or post-NGRI review in specific cases. The panel’s Department of Human Services witness, Samantha Garrett, described statutorily required, rigorous risk assessments before any conditional or unconditional release and explained that hospitals often hold a bed and retain custody during temporary physical removal or short-term community placement so a patient can be returned quickly if risk emerges.

Sponsors offered an amendment (L001) correcting a drafting typo and adding language requested by some district attorneys; the committee adopted L001 without objection. The committee then voted 5–2 to send SB14 as amended to the Committee of the Whole (Carson: No; Henriksen: Yes; Snyder: Yes; Wallace: Yes; Zamora Wilson: No; Roberts: Yes; Chair: Yes).

What happens next: SB14 will be considered by the Committee of the Whole, where senators will have another opportunity to debate the measure before it proceeds through the legislative process.