D67B1191DDA3A835872582830067547F Hearing Summary

Representatives Lee and Young, co-prime sponsors, presented Senate Bill 18-252, concerning actions related to determinations of competency to proceed.  Representative Lee explained the effect of the bill and discussed its need.

Representative Lee explained the effect of amendments L.007 (Attachment A), L.008 (Attachment B), L.009 (Attachment C), L.012 (Attachment D), and L.013 (Attachment E).  Discussion ensued regarding the effect of amendment L.008.

Mr. Reggie Bicha, Director of the Department of Human Services, testified in support of the bill. Director Bicha discussed inpatient restoration, and the time periods associated with conducting competency evaluations under the bill. He spoke in support of amendments L.010 (Attachment F) and L.011 (Attachment G).  Dr. Robert Werthwein, representing the Department of Human Services, discussed how decisions should be made about whether competency restoration services should be provided on an in-patient or out-patient basis. Committee members received a bell-curve chart about lengths of stay for restorations (Attachment H). Discussion ensued regarding amendments L.008, L.010, and L.011. Dr. Werthwein responded to questions regarding how in-custody restoration services will be provided under the bill, and the conduct of the Restoring Individuals Safely and Effectively (RISE) program on an expanded basis in jails. Discussion returned to amendment L.010.

Mr. Doug Wilson, State Public Defender, testified regarding SB 18-252.  Mr. Wilson explained that there is no compromise among stakeholders regarding the lengths of stay for competency restorations, and spoke in opposition to jail-based restorations.  Ms. Maureen Cain, representing the Office of the State Public Defender, testified regarding the bill. Ms. Cain discussed some provisions in the bill that will mitigate a class-action lawsuit concerning competency restorations. Dr. Joshua Griffiths, representing the Colorado Psychiatric Society, testified in support of the bill. He discussed the effect of the bill in the area of triage, and addressed earlier discussion about the length of stay for competency restorations. Discussion returned to the triage issue. The committee recessed.

The committee returned to order. Discussion ensued regarding stakeholder opinion on the bill.