House Judiciary advances bill allowing DHS to continue inpatient care up to 90 days after competency-related dismissals

Rep. Bradfield and Rep. English presented Senate Bill 41 to the House Judiciary Committee, saying the measure would allow the Colorado Department of Human Services (DHS) to continue providing inpatient mental-health services for up to 90 days after criminal charges are dismissed when a defendant is found incompetent to proceed and not restorable. Rep. Bradfield said the change seeks to reduce cycling of people with serious mental illness through homelessness, emergency rooms and jails and to improve public safety. “If passed, DHS would be permitted to continue providing in patient mental health care for up to 90 days after the person's case is dismissed due to lack of incompetence,” Bradfield said.

Why it matters: The bill aims to close gaps that witnesses said arise when criminal cases are dismissed after courts find defendants incompetent; under current law, DHS must stop inpatient restoration services upon dismissal. Supporters told the committee that brief continued treatment and better housing coordination can improve continuity of care, reduce recidivism and ease discharge barriers from state hospitals.

Committee testimony: Samantha Garrett, policy advisor with the Office of Civil and Forensic…