Current through 11/5/2024 election
Section 16-8.6-108 - Eligibility - initial intake - acceptance - release from custody(1) A defendant may be referred to the bridges wraparound care program with the consent of the district attorney.(2) A defendant who is referred to the bridges wraparound care program is eligible to participate in the program if: (a) The district attorney and defense counsel agree that there is reasonable cause to believe that the defendant will be found incompetent to proceed if the issue of competency is raised;(b) The defendant consents to participate in the bridges wraparound care program; and(c) The defendant is not charged with a class 1 felony; a class 2 felony; a class 3 felony; a level 1 drug felony; a level 2 drug felony; a sex offense, as defined in section 18-1.3-1003; a crime of violence, as defined in section 18-1.3-406 (2); or any offense described in section 24-4.1-302 (1), unless the district attorney waives this requirement in the interest of justice.(3) Prior to referring a defendant to the bridges wraparound care program, when the defendant is charged with an offense described in section 24-4.1-302 (1), the district attorney shall comply with all relevant provisions of section 24-4.1-300.1, et seq.(4) The district attorney must be provided access to the reports and information described in section 16-8.5-104 (1) and (4) and any reports and information related to the defendant's compliance with the bridges wraparound care program. A defendant who consents to participate in the bridges wraparound care program waives any claim to confidentiality and privilege for the purposes of the reports and information provided pursuant to this subsection (4).(5) If an eligible defendant is referred to the bridges wraparound care program and the defendant consents to participate in the program, the court shall issue an order appointing a bridges wraparound care coordinator. The bridges wraparound care program must accept an eligible defendant who is referred by the court to the program, unless the bridges wraparound care coordinator determines that the bridges wraparound care program is not appropriate for the defendant. If the bridges wraparound care program is not appropriate for the defendant, bridges of Colorado shall immediately notify the court and provide the court with other appropriate interventions that may include, but are not limited to, civil commitment or other placement options.(6) If a defendant is accepted to participate in the bridges wraparound care program and the defendant is in custody, the court shall release the defendant on a personal recognizance bond. Upon motion of the district attorney or a request to terminate the defendant from the bridges wraparound care program, the court may revoke the personal recognizance bond for any violation of bond conditions, including the defendant's noncompliance with program requirements. If the court continues the defendant's participation in the bridges wraparound care program, the court shall reinstate the personal recognizance bond.Added by 2024 Ch. 471,§ 1, eff. 8/7/2024.2024 Ch. 471, was passed without a safety clause. See Colo. Const. art. V, § 1(3).