Gov. Jared Polis has signed a bipartisan bill that closes gaps in Colorado’s criminal justice system for people whose charges are dismissed after they are found incompetent to stand trial.

“This is a major step forward to keep Coloradans and our communities safe,” said Polis. “It is not right for someone who is a serious danger to themselves or others to be released into the community without resources or proper care. This law updates Colorado’s competency process, provides important funding for bed capacity, invests in services, and protects public safety. Keeping the status quo was not an option.”

Sponsors introduced Senate Bill 149 in response to growing concerns about how the state handles people who are found incompetent to stand trial.

According to sponsor Sen. Judy Amabile, D-Boulder, many people are released after their charges are dropped, only to find themselves without anywhere to go.

While some individuals are sent to the state mental hospital in Pueblo, others — especially those found incompetent for reasons unrelated to mental illness, such as traumatic brain injuries or dementia — are released back onto the streets without support or treatment. Many end up reoffending.

Under Senate Bill 149, district and county attorneys can petition for civil commitments or enhanced protective placements for defendants with mental or developmental disabilities who have committed violent or sexual offenses and are considered a danger to themselves or others.

Courts are also required to suspend the order dismissing that defendant’s case, set a trial date, and order the state’s Department of Human Services to find an appropriate placement for the defendant.

The bill also includes provisions on review hearings, terminations of civil commitments or enhanced protective placements, and defendants’ rights to modifications to their placement plans.

“Colorado has not done well in this space for a long time,” said sponsor Senate Minority Leader Cleave Simpson, R-Alamosa. “The challenge is, how do you develop this concept for moving from the criminal justice system to the civil justice system? You create resources, bed space, and treatment programs, and fit within the constraints of a budget.”

Senate Bill 149 passed unanimously in both the House and the Senate.