Colorado Revised Statutes Title 16. Criminal Proceedings § 16-8.6-110. Review hearing--notice of termination

(1) The court shall set a review hearing within one hundred eighty-two days after the court issues an order appointing a bridges wraparound care coordinator pursuant to section 16-8.6-108(4). At the review hearing, the court must dismiss the charges against the defendant unless the court finds that the defendant has not satisfactorily complied with the individualized wraparound care plan, at which point the district attorney may file a notice of termination with the court pursuant to subsection (2) of this section. If the defendant has not satisfactorily complied with the individualized wraparound care plan but remains engaged, the court may continue the defendant's case for up to an additional ninety-one days and shall dismiss the charges if the defendant has satisfactorily complied with the individualized wraparound care plan within the additional ninety-one days.

(2) The district attorney may file a notice of termination with the court if, at any time prior to the dismissal of charges, the prosecution believes that the defendant has failed to satisfactorily comply with the individualized wraparound care plan. Upon filing the notice of termination, the court shall set a hearing date for the defendant's appearance or issue a warrant if requested by the district attorney. If the court determines based on a preponderance of the evidence that the defendant did not successfully comply with the individualized wraparound care plan, the district attorney may prosecute the defendant for the original offense or offenses.

(3) If the charges against a defendant are dismissed pursuant to this section and the charges are eligible for sealing pursuant to section 24-72-704, the district attorney may object, in the interests of justice, to sealing the case. If the district attorney files a written objection to the sealing within seven days of the dismissal, the charges against the defendant are not eligible for sealing and the court shall not enter an order sealing the charges; except that, the district attorney may, at a later date, withdraw the objection and agree to sealing the case that is dismissed pursuant to this section.