Pair of Bills to Improve Treatment of People with Behavioral Health Disorders in the Criminal Justice System Pass Committee
SB25-041 & HB25-1058 would refine competency restoration and sanity examinations while expanding supportive housing for incarcerated individuals
DENVER, CO – A pair of bills sponsored by Senate President Pro Tempore Dafna Michaelson Jenet, D-Commerce City, and Senator Judy Amabile, D-Boulder, to improve the treatment of people with behavioral health disorders in the criminal justice system passed the Senate Judiciary Committee this week.
“Everyone deserves to feel safe and protected in their interactions with law enforcement and the justice system, especially people battling serious behavioral health issues,” said Michaelson Jenet. “These bills work to streamline and protect access to the resources that the most vulnerable people in the criminal justice system need to heal and eventually re-enter their communities feeling healthier, stronger and more productive.”
“Coloradans seeking support in the aftermath of mental health crises deserve comprehensive care and a system willing to treat them with dignity,” said Amabile. “Every American is owed the right to fair criminal trial, and we owe it to victims, defendants, their families and their communities to implement an equitable and dignified environment for proceedings to take place.”
Approved by the Senate Judiciary Committee today, SB25-041 would allow the Colorado Department of Human Services to continue providing inpatient services for up to 90 days after an individual’s case is dismissed because the person is deemed “incompetent to proceed.” The bill also allows the department to work with community organizations to provide permanent supportive housing for these individuals or those who complete the Bridges of Colorado program.
Earlier this week the committee also approved HB25-1058, which would update protections for defendants pleading not guilty by reason of insanity by explicitly prohibiting “truth serums” and polygraph tests from sanity examinations, an antiquated practice that is no longer used but still legal. In addition, if a sanity examination is recorded, the bill would prohibit a defendant from being dressed in prison or jail clothing and prohibit restraints from being visible on the recording.
SB25-041 and HB25-1058 were recommended by the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems Interim Committee, which is responsible for overseeing its associated task force and implementing recommendations regarding the treatment of people with behavioral health disorders in the criminal and juvenile justice systems until 2027.
SB25-041 now moves to the Senate Appropriations Committee, and HB25-1058 moves to the Senate Floor for further consideration.