Committee Unanimously Advances Bill to Improve Public Safety, Reform Competency Laws

DENVER, CO – The Senate Judiciary Committee today unanimously passed bipartisan legislation to reform Colorado’s competency laws, increase access to treatment, and safeguard public safety.

SB26-149, sponsored by Senator Judy Amabile, D-Boulder, would create new pathways for defendants deemed permanently incompetent to proceed to ensure appropriate access to treatment and prevent individuals deemed extremely dangerous from being released into the community.

“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 Amabile. “This bill would improve access to restorative treatment, protect Coloradans’ constitutional rights, and enhance 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 bill comes after months of consideration with law enforcement, mental health providers, impacted families, and community leaders to find the right path forward that protects Coloradans’ fundamental rights and prioritizes public safety.”

In 2022, Colorado passed bipartisan legislation to bring the state into compliance with the constitutional right, established in the 1960 U.S. Supreme Court case Dusky v. United States, that those facing criminal charges must be able to aid in their own defense. Under this constitutional right, when a defendant is found incompetent and unlikely to be restored, the judge must dismiss the case.

Currently, Colorado lacks sufficient civil treatment resources to ensure that individuals deemed dangerous are not released back into the community after their case is dismissed. In recent years, several individuals deemed incompetent to proceed have violently reoffended after being released.

Also sponsored by Minority Leader Cleave Simpson, R-Alamosa, this bill makes several changes to the process of declaring incompetency, including eliminating automatic presumptions that have led to some cases being dismissed and shifting the burden of proof for certain felony crimes so that the defense attorneys, not the prosecution, would be responsible for proving that their client is unrestorable to get their case dismissed. SB26-149 would also give judges new tools to help defendants earlier in the process, like the ability to appoint a care coordinator. 

The bill would create two new civil pathways for the small subset of very dangerous individuals who are deemed permanently incompetent to proceed: civil commitment for those with psychiatric disorders (e.g. schizophrenia), and enhanced protective placement for those with neurocognitive disorders (e.g. dementia) or intellectual and developmental disabilities. 

These reforms aim to improve the process for declaring incompetency, increase access to appropriate treatment, protect public safety, and uphold Coloradans’ constitutional rights.

The bill now heads to the Senate Appropriations Committee for further consideration. Track its progress HERE.