0D8929AEF685428B87258AAE007EA324 Hearing Summary

Emily Hansen, Senior Legislative Budget and Policy Analyst, Joint Budget Committee Staff, summarized a memoradum about competency services within the Colorado Department of Human Services (Attachment A).

Alfredo Kemm, Chief Legislative Budget and Policy Analyst, Joint Budget Committee Staff, presented information about competency, including staffing, diversion, beds, and other related topics (Attachment B). 

Committee members asked questions about the consent decree and fines for non-compliance.  Discussion followed about diversion opportunities for this population. 

Leora Joseph, Director, Office of Civil and Forensic Mental Health, Colorado Department of Human Services, presented about behavioral health services, the competency consent decree, competency in other states, court orders and waitlists for competency, psychiatric beds, staffing, and systemic solutions.  Her presentation slides may be viewed here:  https://leg.colorado.gov/sites/default/files/images/legislator_presentation_0.pdf.

Committee members asked questions about beds and funding.  Discussion ensued about diversion and removing the criminal justice system as the competency focus.  Further questions were asked about strategies and solutions in other states.  Discussion followed about reasons for the increase in individuals being found incompetent and competency orders. 

Additional inquiries were made about competency terminations followed by ones about the budget. 

District Attorney Bullock discussed modifying the competency process. He also mentioned services for those found incompetent for criminal proceedings but not dangerous enough for mandated treatment.

James Karbach from the Office of the Colorado State Public Defender discussed the consent decree and ways other states address the competency crisis.  He also stressed the need for a transformative approach to stop the competency cycle. 

The committee discussed upcoming legislation and initiatives.