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

The state House of Representatives passed Senate Bill 10 in a 61-1 vote Tuesday, following the state Senate’s unanimous vote last month. The bill will now be sent back to the Senate to approve changes made by the House, and then to Gov. Jared Polis for final consideration.

“It allows people who have mental illness to be participants in diversion,” said bill sponsor Rep. Judy Amabile, D-Boulder. “It’s a really necessary piece to disentangle mental illness from the criminal justice system because our jails are full to the brim with people who have mental health issues and that is the reason they’re there.”

If enacted, the bill 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.

This comes as 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.

Only Rep. Matt Soper, R-Delta, voted against the bipartisan bill – which was sponsored by three Democrats and one Republican. Soper said he is concerned that criminals could take advantage of the bill to avoid punishment for their crimes.

“It’s tough to tell victims that the perpetrator of egregious criminal acts can avoid prosecution simply by claiming a behavioral health issue that caused them to commit the crime,” Soper said. “I fear almost all criminals could claim their criminal behavior was linked to health to avoid the criminal justice system.”

Supporters of the bill said jails have become “de facto mental health hospitals” in Colorado and the legislation is needed to prevent people with behavioral health disorders from harsh and isolating environments that only exacerbate their conditions. Under the pilot program, criminals would receive professional assessment to determine if they have mental health issues. 

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.

The bill received no opposition and 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.