New Colorado program shifts defendants from jail to treatment on competency grounds

By Michael Braithwaite | The Denver Gazette

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 Districts
• Launching Oct. 1: 1st, 4th, 5th, 6th, 8th, 15th, 16th, 21st, 22nd Judicial Districts
• Launching 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.

READ THE COMPLETE STORY AT THE DENVER GAZETTE