7514DC0C20EDA86C872585280074C69B Hearing Summary

Senator Lee, sponsor, explained Senate Bill 20-181, concerning measures to improve outcomes for defendants who may be found incompetent to proceed.  He discussed mental illness and the criminal justice system.  He provided a history of competency-related bills, and the addressed the consent decree regarding court-ordered mental health competency proceedings.  

Dr. Patricia Westmoreland, representing the Colorado Psychiatric Society, testified against the bill unless amended.  She distributed a copy of her testimony (Attachment E) and raised concerns about sections in the bill relating to presumptions of incompetency and using previous findings of incompetency in current proceeedings. 

Dr. Laura Albert, representing the Colorado Psychiatric Society, testified against the bill unless amended. She addressed presumptions of incompetency and discussed varying degrees of incompetency. 

Committee discussion followed about labeling, medications, and stabilization. 

Allison Butler, representing Disability Law Colorado, testified in support of the bill. She discussed the decade long lawsuit regarding competency and addressed concerns raised about the bill.  She stressed that the bill reflects a stakeholder process and clarifies who needs to be in an institution.

Dr. Robert Werthwein, representing the Office of Behavioral Health in DHS, testified in support of the bill.  He discussed the bill's goal of not using the criminal justice system to serve people's mental health needs. He also addressed the consent decree and community mental health services. 

The committee asked questions about and discussed the settlement agreement, cases in municipal court, females in need of restorative services, civil commitment, and state responsibility. 

Vincent Atchity, representing Mental Health Colorado, testified in support of the bill. He discussed disentangling mental health from the criminal justice system. 

Coral Cosway, representing the Alzheimers Association, testified in support of the measure. She discussed dementia and Alzheimer's disease. 

Frank Cornelia, representing Colorado Behavioral Healthcare Council, testified in favor of the measure. He discussed the importance of health care providers managing behavioral health treatment instead of the criminal justice system.

Lucienne Ohanian, repesenting the Office of the State Public Defender, testified in support of the bill. She discussed competency restoration training and the importance of identifying individuals with the most intransigence mental health issues. 

Maureen Cain, representing the Office of the State Public Defender, spoke in support of the bill.   She provided examples of repeated competency delays.

Abigail Negley, representing the ARC, testified in support of the measure. She discussed how people with disabilities are disproportionately represented in the criminal justice system.  

Committee discussion ensued about individuals with intellectual and developmental disabilities, restoration, and medication.  

Valerie Schlecht, representing the Colorado Cross Disability Coalition, testified in support of the bill. She discussed civil rights and the consent decree. 

Senator Lee distributed Amendments L.001 and L.002 (Attachments F and G).   Allison Butler returned to the table to explain L.001.  

Allison Butler walked the committee through Amendment L. 002.

Senator Lee clarified that the Colorado District Attorneys' Council is neutral on the bill.

Senator Lee gave concluding remarks. 

Committee members made closing comments.