Measures to Reduce the Competency Wait List

The act 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 act 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 entities within the judicial district to develop and implement a referral process to deflect individuals who are likely to be found incompetent to proceed from competency proceedings and the criminal justice system.

The act requires the office of the state court administrator to ensure a court coordinator assists with identifying eligible individuals, collaborates with the entities to develop the memorandum of understanding, manages and collects data 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 act 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 act 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 act 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.

To implement the act, $1,430,325 is appropriated from the general fund to the judicial department and $23,098 is appropriated from the general fund to the department of human services for use by the office of behavioral health.

APPROVED by Governor June 6, 2024

EFFECTIVE August 7, 2024
(Note: This summary applies to this bill as enacted.)