The Colorado Senate approved legislation Monday to prevent people with mental health issues from entering the criminal justice system, instead sending them to treatment centers to address their needs.

If enacted, Senate Bill 10 would expand statewide an existing pilot program that assesses individuals when they’re booked for low-level offenses before any charges are filed. If a person is found to have a behavioral health disorder, they are placed in a local treatment program.

“A jail cell is no place for someone with a mental health condition or substance use disorder,” said Sen. Pete Lee, D-Colorado Springs, the bill’s sponsor. “I am glad, but not surprised, that my colleagues on the other side of the aisle agree.”

The bipartisan bill – also sponsored by Alamosa Republican Sen. Cleave Simpson – passed the Senate in a unanimous vote, moving forward to the state House for consideration in the coming weeks.

Lee said the harsh and isolating environments in jails exacerbate the conditions of people with behavioral health disorders. Approximately 43% of state prisoners and 23% of federal prisoners have a history of mental health issues, according to a 2016 survey from the U.S. Department of Justice.

The pilot program began in 2019 in four judicial districts, serving 88 people in its first year, and was expanded to another five directs in 2020. The program is currently scheduled to expire in July, but, under the bill, it would instead be implemented statewide for the first time.

“Diverting folks away from the criminal justice system and into community programs will ensure individuals in crisis are met with treatment, not punishment,” Lee said. “We’ll soon be able to extend critical aid to even more folks in need, and I look forward to getting this important bill signed into law.”

The bill, which received no opposition, enjoyed the support of Mental Health Colorado, Interfaith Alliance, Colorado Cross-Disability Coalition, Colorado Criminal Justice Reform Coalition, Colorado Behavioral Healthcare Council and Boulder County Commissioners.