Colorado Politics

Colorado governor signs into law proposal to close gaps in court competency system

Gov. Jared Polis has signed a bill that supporters say would close 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,” the governor added.

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

Sen. Judy Amabile, D-Boulder, said 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 mandate the state’s Department of Human Services to find an appropriate placement for the defendant.

The bill 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.

Lawmakers, the governor and several organization pushed for changes after a series of high-profile crimes throughout the state last spring and summer exposed the gaps in Colorado’s legal system for individuals declared incompetent to stand trial.

Extensive media coverage of cases such as Solomon Galligan’s — a convicted sex offender arrested last year for attempting to kidnap children at an Aurora playground — left many alarmed about how the state handles defendants with serious mental health issues.

Those concerns were amplified by the case of Ephraim Debisa, who was charged with attacking a group of people in downtown Greeley in May and, like Galligan, was found incompetent to stand trial and unlikely to be restored, raising questions about allowing them to go back to the streets, where some have reoffended, and the lack of placement options.

After his release, Debisa, 21, was arrested for allegedly bringing a gun to the University of Northern Colorado campus in Greeley. He was not a student, and according to campus police, he was banned from the campus.

In his state address to the legislature last January, Polis described the situation as “urgent.”

“To truly keep Colorado safe, we must urgently address gaps in our system related to those who cannot stand trial but are charged with a crime, and ensure that individuals who pose a danger to themselves or others are not just released onto the streets,” he said.


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