C.R.S. § 25.5-10-503: Short-term protective placement for incompetent defendants in a criminal matter.

(1) Upon petition of a professional person or intervening professional acting within the scope of their authority and licensure, an appointed legal guardian, or a representative of the BHA or HCPF, a court may certify a person for short-term protective placement for not more than three months under the following conditions:

(a) The person is or recently was a defendant in a criminal matter in which the person has been found incompetent to proceed;

(b) The court hearing the criminal matter referred the matter for filing of a petition pursuant to section 16-8.5-117;

(c) A professional person or intervening professional acting within the scope of their authority and licensure:

(I) Has an established treatment relationship with the person, including having provided care to the person in the past three months, which care forms the basis for requesting the short-term protective placement; and

(II) Has evaluated the person within the past three months and produced a written opinion that the person meets the criteria for protective placement pursuant to section 25.5-10-502;

(d) There is a skilled nursing facility, a regional center, or another placement willing to accept care and custody of the respondent and to hold the protective placement; and

(e) The person, the person's legal guardian, and the person's lay person, if applicable, have been advised of the person's right to an attorney and to contest the short-term protective placement.

(2) The petition filed pursuant to subsection (1) of this section must:

(a) State sufficient facts to establish reasonable grounds that the respondent meets the criteria for short-term protective placement pursuant to section 25.5-10-502, including attaching the professional person's or intervening professional's written opinion produced pursuant to subsection (1)(c)(II) of this section;

(b) Be filed within fourteen days after the initiating party received the court order from the criminal court initiating the short-term protective placement; and

(c) Be filed with the court in the county where the respondent resided or was physically present immediately prior to the filing of the petition; except that, if the person was arrested for the prior case and held in custody, the petition may be filed in the county where the respondent resided or was physically present immediately prior to the respondent's arrest.

(3) Within twenty-four hours after certification, copies of the short-term protective placement must be personally delivered to the respondent and HCPF who shall retain a copy of the certification as part of the respondent's record. If the criminal case is pending, or not yet dismissed, the petitioning party shall provide notice of the filing of the petition to the criminal court. The criminal court shall provide the notice to the prosecuting and defense attorneys in the criminal case and any attorney appointed the respondent pursuant to subsection (5) of this section.

(4) The petitioner shall ask the respondent to designate one other person whom the respondent wants to be informed regarding the petition. If the respondent is incapable of making a designation at the time the petition is delivered, the court may ask the respondent to designate a person as soon as the respondent is capable. If the petitioner fails to ask the respondent to designate a person, the respondent's attorney appointed pursuant to subsection (5) of this section shall report to the court any person whom the respondent wants to be informed regarding the petition.

(5) Whenever a petition is filed pursuant to this section, the court shall immediately appoint an attorney to represent the respondent. The court shall provide the respondent with a written notice that the respondent has a right to a hearing on the petition and may make a written request for a jury trial. The respondent has the right to an attorney for all proceedings conducted pursuant to this section, including any appeals. The attorney representing the respondent must be provided with a copy of the petition and any supporting materials immediately upon the attorney's appointment. The respondent may only waive counsel when the respondent makes a knowing and voluntary waiver in front of the court.

(6) Upon filing a petition pursuant to this section and affording the respondent a chance to contest the petition, the court may grant or deny the protective placement based on the facts established in the petition, subject to the court's further review or a jury trial.

(7) Within fourteen days after receipt of the petition filed pursuant to this section, the respondent, or the respondent's attorney, may request a jury trial by filing a written motion with the court.

(8) The respondent may knowingly and voluntarily consent to the petition in writing.

(9) The respondent or the respondent's attorney may, at any time, file a written request for the court to review the short-term protective placement. If a review is requested, the court shall hear the matter within fourteen days after the request, and the court shall give notice to the respondent, the respondent's attorney, HCPF, and the community or facility provider who is or will provide treatment. The hearing must be held in accordance with section 25.5-10-510. At the conclusion of the hearing, the court may enter or confirm the short-term protective placement, discharge the respondent, or enter any other appropriate order.

(10) (a) The BHA, HCPF, the department of human services, and care providers may share information with each other and the parties as necessary. The BHA, HCPF, the department of human services, and care providers may receive and possess all information relevant to the proceedings held pursuant to this section, including any evaluations; any medical and mental health records for which a waiver or privilege has been found in proceedings held pursuant to this part 5, article 65 of title 27, or article 8 or 8.5 of title 16; and relevant criminal justice records, including any criminal history of the respondent.

(b) The court may order the district attorney responsible for prosecuting a criminal case that led to proceedings pursuant to this section or section 16-8.5-117 to send relevant records to HCPF within seven days after the court's order.

(c) Any current or former attorney who represented the respondent in any proceeding shall send materials to HCPF with the respondent's consent.

(11) (a) Unless an appropriate provider has already been identified and is willing to accept the protective placement, the court shall notify HCPF regarding the need for care coordination.

(b) Once HCPF is notified pursuant to subsection (11)(a) of this section, HCPF shall make diligent efforts to find a provider for the respondent, assist with intensive coordination, and mitigate barriers to appropriate placement. HCPF shall collaborate and coordinate with other state executive agencies, law enforcement, the court, the parties, community partners, regional accountable entities, and case management agencies to identify an appropriate placement for the respondent, which placement is subject to medicaid reimbursement.

(c) The case management agency must provide case management services, as defined in section 25.5-6-1702.

(d) HCPF shall keep the court informed, in writing, of efforts made to find an appropriate placement for the respondent.

(12) Upon ordering a short-term protective placement of the respondent, the provider ordered to receive the respondent has care and physical custody of the respondent.

(13) Whenever it appears to the court that a respondent in a short-term protective placement should be transferred to another provider for treatment and the safety of the respondent or the public requires that the respondent be transported by a secure transportation provider or a law enforcement agency, the court may issue an order directing the law enforcement agency where the respondent resides or secure transportation provider to deliver the respondent to the designated provider.

(14) In accordance with the procedures described in section 25.5-10-506, a short-term protective placement may be terminated upon the signature of the treating medical professional and the medical director of the facility. A facility or program shall make the respondent's discharge instructions available to the respondent, the respondent's attorney, and the respondent's legal guardian.

(15) If the professional person in charge of the respondent's evaluation and treatment believes that a period longer than three months is necessary to treat the respondent, the professional person shall file with the court a request for an extended protective placement at least thirty days prior to the expiration date of the original protective placement. An extended protective placement for treatment must not be for a period of more than three months. The respondent is entitled to a hearing on the extended protective placement under the same conditions as an original protective placement. The attorney initially representing the respondent shall continue to represent the respondent, unless the court appoints another attorney.