Senate Approves Pair of Bills to Reduce Competency Waitlist, Improve Efficiency in Competency System

DENVER, CO – Today the Senate approved a pair of bills to reduce the competency waitlist and improve efficiency and effectiveness in the competency system.

Last year, Colorado had 448 people who were deemed to be incompetent to proceed by a court and were waiting to receive competency restoration services before proceeding to trial, with an average wait time of 66 days. HB24-1355, sponsored by Senators Dafna Michaelson Jenet, D-Commerce City, and Bob Gardner, R-Colorado Springs, aims to reduce this competency waitlist through the creation of the Bridges Wraparound Care Program, which would deflect eligible individuals with mental health struggles from the criminal justice system into wraparound care services.

“Colorado’s exorbitantly long competency waitlist is a long-standing issue, and I’m proud that this year we’re advancing policy to start addressing the problem,” said Michaelson Jenet. “When individuals languish on the competency waitlist, they’re not receiving the treatment they need and their likelihood to reenter the criminal justice system greatly increases. The Bridges Wraparound Care Program offers folks a path forward that ensures their needs are being met while helping break the cycle of reoffense and reentry in our criminal justice system.”

A defendant is deemed eligible for the Bridges Wraparound Care Program if a district attorney  and defense counsel agree that there is reasonable cause to believe the defendant will be found incompetent and if the defendant does not pose a risk to public safety. Allowing eligible defendants to participate in the program will give them access to critical behavioral health services while helping reduce Colorado’s recidivism rates. 

Under the bill, if a defendant in the Program complies with their individualized care plan for a specified amount of time, the court must dismiss the charges against the defendant.

The Senate also approved HB24-1034, sponsored by Senator Rhonda Fields, D-Aurora, which would streamline complicated processes in the competency system to increase efficiency and effectiveness.

“Colorado’s competency system is overwhelmed and overcomplicated,” Fields said. “Folks are struggling with difficult mental health issues, and they need help now. It’s past time we make updates to our competency system to ensure more people are getting the behavioral health care support they need to stay out of the criminal justice system and live more whole lives.”

To help get people who are unlikely to be restored to competency into appropriate treatment, the bill imposes new time limits for when a defendant who has been deemed incompetent to proceed can remain in custody. Additionally, the bill directs when competency services may be provided on an outpatient basis.

Both bills now return to the House for consideration of amendments. Track HB24-1355’s progress HERE and HB24-1034’s progress HERE.