Gov. Jared Polis just signed a new bill that would revamp the state’s competency law and ensure criminal defendants who are found incompetent, but could pose a threat to the public are not released.
The bill creates a pathway for those defendants to connect with mental services and provides funding to add more beds and facilities.
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A 2024 law change required judges to dismiss charges against suspects who were found incompetent and not likely to be restored in the near future. Prior to that, the law stated that judges “may” dismiss charges, providing some wiggle room. The new law, Senate Bill 149, opens the door to retrials for suspects accused of serious crimes, while still allowing misdemeanors to be dismissed.
Denver7 Investigates has exposed gaps in the state’s competency law for more than a year, highlighting roughly a half-dozen cases where charges were dropped against defendants accused of violent crimes and some that resulted in the death of victims.
Polis signed the bill administratively.
“This is a major step forward to keep Coloradans and our communities safe,” Polis wrote in a statement. “It is not right for someone who is a serious danger to themselves or others to be released into the community without resources or proper care.”
The new law provides roughly $30 million in funding and will expand capacity for both inpatient and outpatient services. It also gives courts and mental health professionals tools to support individuals with chronic behavioral health needs.
“Too often, people with intellectual and developmental disabilities or untreated mental illness are in jail not because it is the right place for them, but because there is nowhere else to go,” said State Sen. Judy Amabile, D-Boulder, one of the bill’s main sponsors. “This new law improves access to restorative treatment, protects Coloradans’ constitutional rights, and enhances public safety by ensuring that the very small percentage of people who should not be released into our communities get the treatment they need.”
This is a developing story that may be updated.
