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 Mental Health at the Colorado Department of Human Services, told the committee DHS supports the bill because it would “allow our office to better support clients after discharge from our hospitals through continued services and connections to supportive housing programs.” William Richards of Colorado Mad Moms and James Karbach with the Office of the State Public Defender also testified in support, saying the bill grew from an interim task force and that many provisions are technical cleanups to improve information sharing and procedures. Jack Johnson of Disability Law Colorado, who chairs the task force that drafted the bill, said the measure addresses post-competency care and technical fixes to the competency system.

Key provisions and process changes: Sponsors and witnesses described the bill’s principal features: (1) DHS may continue inpatient restoration services for up to 90 days after a court dismisses criminal charges because the person is found incompetent to proceed and not restorable; (2) DHS may enter agreements or contracts to secure permanent supportive housing for people whose charges are dismissed and who need that housing; (3) DHS must collect specified information for people whose charges are dismissed for incompetence and share it with the Division of Housing and the Department of Local Affairs; (4) the Judicial Department must develop a court form to notify DHS of certain findings when a court denies recognizance bond and orders inpatient restoration services; and (5) the bill contains multiple statutory cleanups and information‑sharing changes to competency evaluations and short-term certification procedures.

Checks, safeguards and amendment: Committee members asked how the 90‑day period would work and what happens after it ends. Witnesses said the bill does not change the constitutional rule that a person found permanently unrestorable must be released; rather, it provides a defined period to continue treatment and to pursue civil commitment or other housing solutions. Samantha Garrett said the bill adds a safeguard: if a competency evaluator finds a defendant unlikely to be restored in the reasonably foreseeable future, any party may request a second evaluation. The sponsors offered and the committee adopted amendment L4 to clarify juvenile‑court reevaluation procedures after a recent Colorado Supreme Court decision; the amendment requires a court order and notice to parties when reevaluation of a juvenile is sought.

Fiscal and practical notes: Committee members asked whether the housing provisions require current appropriations. Sponsors said any expanded housing contracting would be permissive and, if needed, would be addressed in a future fiscal period. Rep. Bradfield cited statewide costs of crime as background: he quoted figures for Colorado in 2022, noting the sponsors’ view that better treatment and housing coordination could reduce these downstream costs.

Outcome and next steps: The committee adopted amendment L4 without objection and subsequently voted to send Senate Bill 41, as amended, to the committee of the whole with a favorable recommendation. A roll-call was conducted; the bill advanced with a favorable recommendation and the committee vote was recorded as approximately 9 yes to 2 no. The sponsors said they will continue work with stakeholders as the bill proceeds to the committee of the whole.

What remains unsettled: Witnesses and committee members said the bill is not a complete fix for Colorado’s competency and post‑competency care systems but described it as a targeted step to improve continuity of treatment, housing coordination and information flows between courts and DHS.