4827-5480-7439.1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-CV-02285-NYW 

CENTER FOR LEGAL ADVOCACY, d/b/a 

DISABILITY LAW COLORADO ,

Plaintiff,

v.

MICHELLE BARNES

in her official capacity as Executive Director 

of the Colorado Department of Human Services, and 

JILL MARSHALL, 

in her official capacity as Chief Executive Officer 

of the Colorado Mental Health Institute at Pueblo, 

Defendants.

SUPPLEMENT TO CONSENT DECREE

1. For fiscal year (FY) 2021-2022, the Office of Behavioral Health (OBH) received a 

total of $6,000,000 in funding allocation from the General Assembly to pay fees and 

fines pursuant to the Consent Decree. The $6,000,000 allocation from the General 

Assembly encompasses fees and fines to be paid between July 1, 2021 and June 30, 

2022.

2. In fiscal year 2021-2022, OBH will pay fines in the amount of $5,735,000. The 

remaining $265,000 appropriated to OBH will be used to pay FY 2021-22 fees as 

necessary to the Special Masters.

Case 1:11-cv-02285-NYW Document 224 Filed 07/14/21 USDC Colorado Page 1 of 3
4827-5480-7439.1

2

3. The parties agree in this Supplement to Consent Decree (Supplement) that in FY

2021-22:

a. DLC will not pursue fines greater than $5,735,000 for competency service 

delays. 

b. Additionally, OBH has paid the fines for May 2021 and June 2021 in full. 

c. OBH will not invoke Individual Special Circumstances (ISC) for any extenuating 

circumstance.

d. OBH will not invoke Departmental Special Circumstances. 

e. OBH will continue, in good faith, all efforts to reduce the number of pretrial 

detainees waiting for competency services, reduce the time pretrial detainees 

spend waiting for competency services and provide appropriate care to pretrial 

detainees waiting for competency services.

4. OBH will release the final payment in the amount of $5,735,000 on August 1, 2021 to 

Cordes and Company as the full fines payment for FY 2021-2022. 

5. Provisions Regarding Data and Monthly Compliance Reporting:

a. Effective July 1, 2021, since OBH will no longer place pretrial detainees whose 

delays are due to COVID-19 on ISC, the number of individuals on the waitlist and 

the number waiting past the timeframes will change significantly compared to the 

reports offered in FY 20-21. The reports will return to the format utilized prior to 

the COVID-19 ISC process where only the total number of individuals waiting for 

admission will be reported. The parties agree that denoting the difference on the 

tables in the July 2021 report (submitted in August 2021) will be sufficient. OBH 

Case 1:11-cv-02285-NYW Document 224 Filed 07/14/21 USDC Colorado Page 2 of 3
4827-5480-7439.1

3

is not required to provide retroactive data for the months in which they used the 

COVID-19 ISC process.

b. The parties agree that moving forward, OBH will not be able to answer specific 

questions about specific data points reflecting delays due to COVID-19 

restrictions for pretrial detainees waiting for competency services, because that 

data was available only because of the COVID-19 ISC tracking process. 

c. OBH will continue to track non-COVID related ISCs and will report the number

of individuals on ISC in the monthly compliance report submitted to the Court. 

OBH will not send DLC ISC notifications.

6. The terms of this Supplement will supersede any conflicting provisions of the 

Consent Decree through June 30, 2022. Provisions of the Consent Decree that are not 

affected by the terms of this Supplement will remain in full force and effect. 

7. The terms of this Supplement end on June 30, 2022, at which time the provisions of 

the Consent Decree affected by this Supplement will be reinstated. 

Case 1:11-cv-02285-NYW Document 224 Filed 07/14/21 USDC Colorado Page 3 of 3