1. (1) If the court finally determines pursuant to section 19-2.5-703 that the juvenile is competent to proceed, the court shall order that the suspended proceeding continue or, if a mistrial has been declared, shall reset the case for trial at the earliest possible date.

2. (2)

   1. (a) If the court finally determines pursuant to section 19-2.5-703 that the juvenile is incompetent to proceed but may be restored to competency in the reasonably foreseeable future, the court shall stay the proceedings and order that the juvenile receive services designed to restore the juvenile to competency, based upon recommendations in the competency evaluation, unless the court makes specific findings that the recommended services in the competency evaluation are not justified. The court shall order that the restoration services ordered are provided in the least-restrictive environment, taking into account the public safety and the best interests of the juvenile, and that the provision of the services and the juvenile's participation in those services occur in a timely manner. The court shall hold a restoration progress review hearing at least every ninety-one days until competency is restored, unless the juvenile is in custody, in which event the court shall hold a restoration progress review hearing every thirty-five days to ensure the prompt provision of services in the least-restrictive environment. The court shall not maintain jurisdiction longer than the maximum possible sentence for the most serious offense, unless the court makes specific findings of good cause to retain jurisdiction. However, the juvenile court's jurisdiction shall not extend beyond the juvenile's twenty-first birthday.
   2. (b) Pursuant to section 27-60-105, the department is the entity responsible for the oversight of restoration education and coordination of services necessary to competency restoration. The department shall only conduct a restoration evaluation with a court order pursuant to subsection (2)(c) of this section.

   3. (c)

      1. (I) The court, a party, or the department may raise, at any time, the need for a restoration evaluation of a juvenile's competency. The request must include the factual grounds that support the need for a restoration evaluation.

      2. (II)

         1. (A) The court must ensure prompt resolution of any request for a restoration evaluation.
         2. (B) The court shall order each party to state their position and provide input on the request no later than fourteen days after when the party was notified of the request; except that, if the juvenile is in custody or inpatient restoration, the court shall allow seven days for a party to object to the request. If the parties are before the court, the court may take positions on the record, or the court may order a written position from each party as necessary.
         3. (C) If no party objects, the court shall order the restoration evaluation forthwith.
         4. (D) If a party objects, the party shall state the grounds for their objection.
      3. (III) If a party timely objects to a restoration evaluation being ordered, the court shall order a restoration evaluation only when there is credible information that the juvenile's circumstances have changed, the court cannot fairly determine whether the juvenile has been restored to competency or will be able to be restored to competency in the reasonably foreseeable future without an evaluation, and the cause for a restoration evaluation outweighs the negative impact of a restoration evaluation upon the juvenile. The court may rule on a request based on the information received with the request and with any objection without a hearing, or if the court finds a hearing is necessary to rule on the request, the court may hold a hearing within fourteen days after receiving an objection to determine if a restoration evaluation must be ordered. If the court orders a restoration evaluation, such evaluation must meet the requirements of section 19-2.5-703 (4).
      4. (2.3) If the court makes a final determination pursuant to section 19-2.5-703 that the juvenile is incompetent to proceed and the juvenile's highest charged act constitutes a class 2 misdemeanor, a petty offense, a drug misdemeanor, or a traffic offense, the court shall immediately dismiss the delinquency petition or charges, as applicable, against the juvenile.

      5. (2.5)

         1. (a) If the court finds a juvenile is incompetent to proceed, the juvenile's highest charged act is not included in the charges specified in subsection (2.3) of this section, and the juvenile has been incompetent to proceed for a period of time that exceeds the time limits set forth in this subsection (2.5), the court shall enter a finding that the juvenile is unrestorable to competency and shall determine whether a management plan for the juvenile is necessary pursuant to subsection (3)(a) of this section. The time limits are as follows:

            1. (I) If the highest charged act constitutes a class 1 misdemeanor or a level 4 drug felony and the juvenile is not restored to competency after a period of six months, the court shall find the juvenile unrestorable to competency;
            2. (II) If the highest charged act constitutes a class 4, 5, or 6 felony, or a level 3 drug felony, and the juvenile is not restored to competency after a period of one year, the court shall find the juvenile unrestorable to competency;
            3. (III) If the highest charged act constitutes a class 3 felony or a level 1 or 2 drug felony, except for a charge that constitutes an act that alleges the juvenile is an aggravated juvenile offender pursuant to section 19-2.5-1125 (4), and the juvenile is not restored to competency after a period of two years, the court shall find the juvenile unrestorable to competency; or
            4. (IV) If the highest charged act constitutes a class 1 or 2 felony or for a charge that constitutes an act that alleges the juvenile is an aggravated juvenile offender pursuant to section 19-2.5-1125 (4) and the juvenile is not restored to competency after a period of five years, the court shall find the juvenile unrestorable to competency.

         2. (b) Upon a motion from the prosecuting attorney filed prior to the expiration of the time limits set forth in subsection (2.5)(a) of this section, the court may extend the time limits set forth in subsection (2.5)(a) of this section for an additional three months if the court, after a hearing, makes factual findings that:

            1. (I) The juvenile has failed to attend or substantially cooperate with restoration treatment;
            2. (II) There is a reasonable likelihood of restoration in the foreseeable future if the juvenile cooperates with restoration treatment; and
            3. (III) The juvenile's lack of cooperation is not the result of an intellectual and developmental disability, mental or behavioral health disorder, or a lack of mental capacity.
         3. (c) Nothing in this subsection (2.5) precludes a court from determining a juvenile is unlikely to be restored to competency in the reasonably foreseeable future and entering an order that the juvenile is unrestorable to competency pursuant to subsection (3)(a) of this section through a competency hearing or restoration to competency hearing conducted at any time prior to the expiration of the time limits set forth in subsection (2.5)(a) of this section, based upon the available evidence.

3. (3)

   1. (a) If the court finally determines pursuant to section 19-2.5-703 or 19-2.5-703.5 that the juvenile is incompetent to proceed and cannot be restored to competency in the reasonably foreseeable future, the court shall enter an order finding the juvenile unrestorable to competency and shall determine whether a case management plan for the juvenile is necessary, taking into account the public safety and the best interests of the juvenile. If the court determines a case management plan is unnecessary, the court may continue any treatment or plan already in place for the juvenile. If the court determines a case management plan is necessary, the court must develop the case management plan after ordering that the juvenile be placed or continue placement in the least-restrictive environment, taking into account the public safety and best interests of the juvenile. In order to develop an appropriate case management plan, the court may order any member of the juvenile's professional team to consult with the juvenile, the juvenile's parent or legal guardian, or other individuals, including the juvenile's defense attorney, guardian ad litem, or treatment provider, to develop a proposed management plan to present to the court for consideration. The court shall notify any individual, organization, or agency that is identified as responsible for the juvenile or responsible for implementation of the management plan. The management plan must, at a minimum, address treatment for the juvenile, identify the party or parties responsible for the juvenile, and specify appropriate behavior management tools if the tools are not otherwise part of the juvenile's treatment.

   2. (b) The management plan may include:

      1. (I) Placement options included in article 10.5 or 65 of title 27;
      2. (II) A treatment plan developed by a licensed mental health professional;
      3. (III) An informed supervision model, upon the court finding on the record supported by information that the underlying charge is rationally related to the need for the use of an informed supervision model;
      4. (IV) Institution of a guardianship petition; or
      5. (V) Any other remedy the court deems rationally related to mitigating community safety concerns.

      6. (b.5) Notwithstanding subsection (3)(b) of this section, the management plan must not include:

         1. (I) Detention of the juvenile or commitment of the juvenile to the division of youth services, a county jail, community corrections, or the Colorado mental health institute at Pueblo; or
         2. (II) Work release.
   3. (c) If the charges are not dismissed earlier by the district attorney, the charges against a juvenile found to be incompetent and unrestorable must be dismissed no later than the maximum possible sentence for the original offense after the date of the court's finding of incompetent and unrestorable, unless the court makes specific findings of good cause to retain jurisdiction. However, the juvenile court's jurisdiction shall not extend beyond the juvenile's twenty-first birthday.
   4. (d) Any entity responsible for connecting the juvenile to services, service coordination, or case management may report to the court on the juvenile's or the juvenile's parent's or legal guardian's engagement in the services ordered in the management plan. If the juvenile or the juvenile's parent or legal guardian does not engage in the services ordered in the management plan, the court may alter the management plan or take other action as necessary and permitted by law, including, but not limited to, referral to a local collaborative management program, to the extent that a local collaborative management program exists and provides case management services; ordering a department of human services investigation pursuant to section 19-3-501 (1); or filing a dependency and neglect petition pursuant to section 19-3-501 (2)(b) if there is current information that the juvenile has suffered abuse as defined in section 19-1-103 and the best interests of the juvenile require that the juvenile is protected from risk of further abuse.
4. (4) A determination pursuant to subsection (2) of this section that a juvenile is incompetent to proceed must not preclude the court from considering the release of the juvenile on bond upon compliance with the standards and procedures for such release prescribed by statute. At any hearing to determine eligibility for release on bond, the court may consider any effect the juvenile's incompetency may have on the juvenile's ability to ensure the juvenile's presence for trial.

Source: L. 2021: (4) amended, (SB 21-071), ch. 463, p. 3336, § 6, effective July 6; entire article added with relocations, (SB 21-059), ch. 136, p. 612, § 2, effective October 1. L. 2022: (2)(b) amended, (HB 22-1278), ch. 222, p. 1505, § 48, effective July 1; (3)(b)(I) amended, (SB 22-212), ch. 421, p. 2972, § 38, effective August 10. L. 2023: (2)(b) amended, (HB 23-1236), ch. 206, p. 1051, § 3, effective May 16; (2)(a) and (3)(a) amended and (2)(c) and (2.5) added, (HB 23-1012), ch. 205, p. 1046, § 6, effective August 7; (2)(b) amended, (HB 23-1138), ch. 423, p. 2485, § 4, effective July 1, 2024. L. 2025: (2.3), (3)(b.5), and (3)(d) added and IP(2.5)(a), (2.5)(a)(I), (2.5)(a)(II), (3)(a), and (3)(b) amended, (HB 25-1146), ch. 358, p. 1936, § 7, effective July 1; (2)(b) and (2)(c) amended, (SB 25-041), ch. 357, p. 1929, § 14, effective August 6.

Editor's note: (1) This section is similar to former § 19-2-1303 as it existed prior to 2021.

(2) Subsection (4) was numbered as 19-2-1303 (4) in SB 21-071 (see L. 2021, p. 3336). That provision was harmonized with subsection (4) of this section as it appears in SB 21-059.

(3) Amendments to subsection (2)(b) by HB 23-1138 and HB 23-1236 were harmonized.