C.R.S. § 25.5-10-508: Termination of enhanced protective placement.

(1) The court shall terminate a respondent's enhanced protective placement ordered pursuant to section 25.5-10-507 when the respondent:

(a) No longer poses a substantial risk of serious harm to others; or

(b) No longer has a neurocognitive disorder or intellectual and developmental disability that is likely to cause the respondent to be a danger to the respondent's self or a danger to others and the respondent has demonstrated sufficient capacity and willingness to conform the respondent's conduct to the requirements of the law.

(2) (a) If a treatment provider charged with the physical care and custody of the respondent determines that the respondent meets the standard for termination from enhanced protective placement pursuant to subsection (1) of this section, the provider or the provider's designee shall report the determination to the court that placed the respondent into the provider's care and custody, the county attorney, and the district attorney who originally requested a civil commitment or an enhanced protective placement pursuant to section 16-8.5-118. The court shall furnish a copy of the report to the respondent and the respondent's counsel.

(b) The determination reported pursuant to subsection (2)(a) of this section must include:

(I) The treatment provider's opinion that the respondent meets the criteria for termination of the enhanced protective placement pursuant to subsection (1) of this section;

(II) An assessment of the respondent's risk of harm to others; and

(III) Specific facts and evidence supporting each opinion in the report, including a summary of the materials reviewed, assessments conducted, and other bases of opinions rendered.

(3) (a) The respondent may request termination of the enhanced protective placement in writing at any time the respondent would not be prohibited from having a subsequent termination trial pursuant to subsection (7) of this section.

(b) The court shall deny the request unless the request for termination includes an opinion from a professional person that the respondent currently meets the criteria for termination of the enhanced protective placement pursuant to subsection (1) of this section.

(4) (a) If the court does not deny the request for termination without a hearing, the court shall permit the county attorney and the district attorney who originally sought enhanced protective placement pursuant to section 16-8.5-118 fourteen days to object to termination or request an opportunity to conduct an independent evaluation by an expert of the county attorney's or district attorney's own choosing and expense.

(b) If neither the county attorney nor the district attorney objects or requests an opportunity to request an independent evaluation, the court shall terminate the respondent's enhanced protective placement.

(c) If either the county attorney or the district attorney requests an opportunity to conduct an independent evaluation, the court shall grant that request, order the respondent to comply with the evaluation, and permit the county attorney or district attorney a reasonable period of time to identify an expert, conduct the evaluation, and issue a report. If both the county attorney and district attorney request an independent evaluation, the court shall treat the request as a joint request for a single independent evaluation. The cost of the independent evaluation must be paid for by the requesting party.

(d) If the respondent does not cooperate with the evaluation, the court may grant additional time or deny the respondent's request for termination.

(e) Upon receipt of the independent evaluation report, the county attorney or district attorney must provide a copy to the respondent's counsel and the court within fourteen days.

(f) If neither the county attorney nor district attorney objects within the time permitted by the court, the court shall terminate the respondent's enhanced protective placement.

(5) (a) If either the county attorney or district attorney timely objects, the court shall, as soon as practicable, bring the respondent before the court, ensure the respondent and the respondent's counsel received a copy of any reports received, and advise the respondent of the right to demand a trial by the court or the right to demand, in writing, a jury trial of not more than six individuals to determine whether the respondent meets the criteria for termination pursuant to subsection (1) of this section.

(b) If the respondent demands a trial before the court, the court shall schedule the trial within thirty-five days after the demand. If the respondent demands a jury trial, the court shall schedule the trial within seventy-two days after the demand. A delay attributable to the respondent is excluded from the time limitations in this subsection (5)(b). If the court does not begin the trial within the time permitted pursuant to this subsection (5)(b), the court shall terminate the enhanced protective placement and release the respondent from the provider's care and custody.

(c) If the county attorney does not object to termination but the district attorney does, the district attorney has standing to serve as the county attorney for the limited purpose of trial and any appeals related to the trial. The county attorney shall timely provide the district attorney all information and records relevant to the trial in the county attorney's possession or control without subpoena or court order. The district attorney's limited standing does not extend to any other matters related to the enhanced protective placement and terminates upon resolution of the trial and any related appeals.

(6) (a) At the trial, if any evidence is introduced that shows the respondent does not meet the criteria for termination of the enhanced protective placement pursuant to subsection (1) of this section, the respondent has the burden to show by a preponderance of the evidence that the respondent meets the criteria for termination pursuant to subsection (1) of this section.

(b) If the trier of fact finds the respondent meets the criteria for termination pursuant to subsection (1) of this section, the court shall order the respondent released from the provider's care and custody and terminate the respondent's enhanced protective placement. If the trier of fact finds the respondent does not meet the criteria for termination pursuant to subsection (1) of this section, the court shall continue the enhanced protective placement and may enter or modify any orders to assist in progressing the treatment of the respondent or that are necessary to protect the public.

(7) If the trier of fact finds the respondent does not meet the criteria for termination pursuant to subsection (1) of this section, the respondent is not entitled to another termination trial within one year after the conclusion of the previous trial for termination.

(8) If the respondent does not meet the criteria for termination pursuant to subsection (1) of this section and no longer has an intellectual and developmental disability or a neurocognitive disorder that substantially contributes to any danger posed to the respondent's self or to others, or any grave disability from which the respondent suffers, the court shall convert the enhanced protective placement to a civil commitment and may modify the terms of the civil commitment in accordance with section 27-65-201.

(9) If the defendant does not meet the criteria for termination pursuant to subsection (1) of this section and has a co-occurring mental health disorder that does not include an intellectual and developmental disability or a neurocognitive disorder that substantially contributes to whether the respondent is a danger to the respondent's self or a danger to others, or is gravely disabled, the court may, upon the recommendation of CDHS, convert the enhanced protective placement to a civil commitment and modify the terms of the civil commitment in accordance with section 27-65-201.