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HB24-1355

Measures to Reduce the Competency Wait List

Concerning reducing the competency wait list, and, in connection therewith, creating a wraparound care program and making and reducing an appropriation.
Session:
2024 Regular Session
Subject:
Courts & Judicial
Bill Summary

The bill creates the bridges wraparound care program (wraparound program) in the office of bridges of Colorado (bridges of Colorado) to increase the success of eligible individuals referred from the criminal justice system by connecting the individuals to necessary wraparound care coordination services, resulting in case dismissal, continuity of care, and increased social stability.

The bill requires each judicial district to develop a process to identify and refer eligible individuals to the wraparound program as a community-based alternative to competency proceedings. The chief judge of each judicial district is required to enter into a memorandum of understanding with multiple stakeholders within the judicial district to develop and implement a referral process to refer individuals to the wraparound program deflect individuals who are likely to be found incompetent to proceed from competency proceedings and the criminal justice system .

The bill requires the office of the state court administrator to ensure a court coordinator assists with identifying eligible individuals, collaborates with the stakeholders and entities to develop the memorandum of understanding, manages and collects data gathering and manages reporting requirements, and provides ongoing support to each judicial district in developing and implementing the referral process. A defendant may be referred to the wraparound program with the consent of the district attorney. A defendant who is referred to the wraparound program is eligible to participate in the wraparound program if the district attorney and defense counsel agree that there is reasonable cause to believe that the defendant will be found incompetent to proceed; the defendant consents to participate in the wraparound program; and the defendant is not charged with certain felonies, unless the district attorney waives the requirement.

If an eligible defendant is referred to the wraparound program and the defendant consents to participate in the wraparound program, the bill requires the court to issue an order appointing a bridges wraparound care coordinator (care coordinator). The wraparound program is required to accept an eligible defendant the court refers to the wraparound program unless the care coordinator determines during the initial intake process that the wraparound program is not appropriate for the defendant due to clinical or other reasons. If the care coordinator determines the wraparound program is not appropriate for the defendant, bridges of Colorado is required to immediately notify the court and outline other interventions.

An individual who is accepted to participate in the wraparound program is required to enter into a written agreement with bridges of Colorado detailing the individual's participation in the wraparound program and the program expectations, cooperate with the care coordinator in developing the components of the participant's individualized wraparound care plan, and engage with the care coordinator and the services outlined in the individualized wraparound care plan.

The bill requires the care coordinator to conduct a screening and assessment of the participant. As part of the screening and assessment, the care coordinator is required to create an individualized wraparound care plan for the participant that is designed to reduce barriers and facilitate access to wraparound care resources.

The bill requires the court to set a review hearing within 182 days after the court issues the order appointing a care coordinator. At the review hearing, the court is required to dismiss the charges against the defendant unless the court finds that the defendant has not satisfactorily complied with the individualized wraparound care plan, at which point the district attorney may file a notice of termination with the court. If the defendant has not satisfactorily complied with the individualized wraparound care plan but remains engaged, the court may continue the defendant's case for up to an additional 91 days and is required to dismiss the charges if the defendant has satisfactorily complied with the individualized wraparound care plan within the additional 91 days.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

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Bill Text

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details