Bill to reduce Colorado’s mental competency waitlist passes committee unanimously

DENVER (KDVR) — A bill in committee Tuesday evening looks to get Colorado off a list on which it currently sits near the top.

Colorado currently has the third-highest amount of people in jail after being found incompetent to stand trial. Some lawmakers hope a new bill could help shorten that list, and supporters hope there is enough time and money left this session to get it to the governor’s desk.

“We are in a mental health crisis in Colorado that has been years in the making. Competency is the symptom, not the disease,” said Meghan Baker with Disability Law Colorado.

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Disability Law Colorado, mental health advocates and public defenders from across the state came out in public support of a bill lawmakers said will decrease the amount of folks waiting in jail after being declared mentally incompetent. State Rep. Judy Amabile, bill sponsor said hundreds are victims of a cycle that continues to play out across the state.

“Currently, there are almost 400 people or approximately 400 people sitting in jail from across Colorado. Many of them will have been in there longer than a year, waiting for a bed at a state hospital so that they can not get treatment but instead get competency restoration, get sent back to jail, and then have their case adjudicated,” Amabile said.

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The state representative said the system is not working, and it costs the state millions of dollars. The bill she is sponsoring would create a diversion program for those who have serious mental health issues and have been found incompetent to stand trial. She said the program would help get help for those waiting.

“If they are monitoring that you are actually taking your medication, if they help you get to the grocery store so you can get food, that all helps in your recovery. If you’re just out on the street, there is just almost no way you can get better,” Amabile said.

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The bill comes with a price tag of $1.7 million, making it a tough sale as time to designate funding dwindles. The bill did pass the House Judiciary committee unanimously after an amendment was adopted to the measure. The amendment was put in place to more closely mirror the Denver and Larimer County diversion programs.

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