Under the Colorado Code of Criminal Procedure, a defendant who is found not guilty
of a criminal offense by reason of insanity (i.e., an insanity acquittee) is committed
to a State mental health institution until determined eligible for release. If, at
a release hearing, the defendant is found eligible for release, the committing court
orders an official release under Colorado law, either unconditional or conditional,
as outlined in GN 02607.850. The Colorado Code of Criminal Procedure provides an alternative method by which
an individual committed to a mental health institution in connection with an insanity
acquittal may be removed from physical confinement in the institution. This alternative
process differs from a committing court's grant of a conditional or unconditional
release under Colorado law.
The chief officer (i.e., administrator in charge) of the mental health institution
in which the individual has been committed is granted the authority by Colorado State
law to authorize treatment and rehabilitation activities involving temporary physical
removal of the insanity acquittee inmate from the institution if certain procedures
are followed. The chief officer of the institution must provide written notice of
the proposed action to the committing court and the district attorney at least 30
days prior to authorizing temporary removal release of the defendant for treatment
and rehabilitation activities. If the district attorney or the inmate's attorney of
record files written objections to the proposed action within the 30-day period, the
committing court must hold a hearing on the objections. If timely objections to the
removal are made, no removal of the defendant from the institution can be authorized
unless the committing court approves the temporary removal following a hearing. If
no objections to the temporary removal are made within the 30-day period, the chief
officer of the institution may institute the process to temporarily remove the inmate
from the institution for treatment and rehabilitation activities without formal court
approval.
A “temporary physical removal” of an insanity acquittee from an institution for treatment and rehabilitation activities
is distinct from a “conditional release” of the individual under Colorado law. This type of therapy is a step in a treatment
regimen that may lead to a conditional release. In order for an insanity acquittee
to be granted a “release” from commitment to an institution under Colorado law, either unconditionally or conditionally,
the court or a jury in a release hearing must find that the individual meets the applicable
criteria for eligibility for release as stipulated in Colorado law. By contrast, a
temporary removal of an insanity acquittee for treatment and rehabilitation does not
require this finding. This process only requires an authorization by the chief officer
of the institution that either draws no objection to the proposed temporary removal
release for treatment and rehabilitation, or has the approval of the committing court
if an objection is made against the proposed temporary removal release. An individual
placed in the temporary removal program remains under court-ordered commitment to
the institution. If an individual does not do well in the temporary removal release
program, the individual may be immediately sent back to the original confining institution
and re-confined without any notification or remedy for appeal of this action. This
differs from the process for recommitting an individual on conditional release under
Colorado law, which requires that a hearing be held to revoke the individual's conditional
release.
While a “temporary removal” differs from a “conditional release”under Colorado law, both processes result in the individual being conditionally set
free from confinement in a mental health institution. In both instances, the individuals
are subject to requirements for ongoing treatment, supervision or monitoring as a
condition for their release from confinement. The level of treatment, supervision
or monitoring required for insanity acquittees in the temporary removal release program
is often indistinguishable from that required for insanity acquittees granted a conditional
release from commitment.
Typically, insanity acquittees committed to a mental health institution in Colorado
who reside outside the institution on temporary removal status no longer have their
basic living needs met by the institution.
An individual entitled to Title II benefits whose benefit payments are suspended because
the individual is confined by court order in an institution at public expense in connection
with an insanity acquittal or certain other verdicts or findings (see GN 02607.310) may have benefit payments reinstated when the individual is released from the care
and supervision of the institution and the institution ceases to meet the individual's
basic living needs (see GN 02607.850.A).
Generally, an insanity acquittee confined in a mental health institution in Colorado
who is released from physical confinement in the institution, either as a result of
a grant of a conditional release from commitment under Colorado law or placement in
the Colorado temporary removal release program, and who remains subject to only some
degree of supervision and monitoring as a condition of this release, will be considered
to have been released from the care and supervision of the institution. (The transfer
of an inmate from one confining facility to another such facility which is operated
by or controlled by the State mental health system does not qualify as a release from
the care and supervision of the institution.)
Therefore, an individual confined to a mental health institution in Colorado in connection
with an insanity acquittal who is entitled to Title II benefits and who is released
from physical confinement in the institution may receive Title II benefits, even though
the individual has not been granted an unconditional or conditional release from commitment
under Colorado law, if the individual:
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has been placed on temporary removal release by an administrative action by the chief
officer of the Colorado State mental health institution in which the individual has
been committed, and
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is no longer physically confined to the institution, and
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does not have the individual's basic living needs met by the institution, and
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requires only some degree of supervision and monitoring while the individual is on
temporary removal release.