Colorado courts starting new program to direct defendants to external care based on competency

In an attempt to reduce wait times for inpatient defendant competency restoration, Colorado courts are launching a new program to divert eligible people into a separate community care process.

The near-$1.5 million program, which uses money from the general fund and was spurred by the passage of House Bill 24-1355 last June, will create a process in each judicial district to identify certain individuals who are not competent enough to proceed in a trial process and refer them to a wraparound program that will connect them with external care, according to a news release from the Colorado Judicial Branch and the bill itself.

“This work is the result of years of collaboration, deep listening, and versatility,” said Gene Klivansky, Competency Programs supervisor, in the release. “Colorado is taking bold, creative, and person-centered steps to change how we respond to mental health needs in our courts and communities.”

Launching in three distinct phases, several judicial districts have already begun implementing the program, according to the release. Officials hope the program will be in place in all judicial districts by July of next year:

Launched April 1: 2nd, 17th, 18th, 20th Judicial DistrictsLaunching Oct. 1: 1st, 4th, 5th, 6th, 8th, 15th, 16th, 21st, 22nd Judicial DistrictsLaunching July 1, 2026: 3rd, 7th, 9th, 10th, 11th, 12th, 13th, 14th, 19th, 23rd Judicial Districts

A defendant will only be referred to the wraparound program if the district attorney and defense counsel agree that there is reasonable cause to believe that they cannot continue with the standard litigation process, according to the bill.

The evaluation process will include assessments of several outcomes, including recidivism rates, participant engagement, court efficiency and access to care, according to the release. After defendants are accepted into the program, they will be assessed by a care coordinator and will have to cooperate with their plan.

In compliance with the bill, the court will set a review hearing 182 days after appointing the care coordinator, during which it will be required to dismiss the charges against the defendant if they have satisfactory complied with their care plan, according to the release. If the defendant has not fully complied with the plan but remain engaged with it, the court may continue their case for an additional 91 days.