2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › BEHAVIORAL HEALTH (§§ 27-50-101 — 27-64.5-102) › Article 60 - GENERAL PROVISIONS (§§ 27-60-100.3 — 27-60-506) › Part 1 - GENERAL PROVISIONS (§§ 27-60-100.3 — 27-60-116) › Section 27-60-105 - Outpatient restoration to competency services - jail-based behavioral health services - responsible entity - duties - report - legislative declaration

(1)
The general assembly finds and declares that:
(a)
Colorado's statutory scheme does not designate an entity responsible for competency restoration services, nor does it provide a sufficient framework for the provision of outpatient restoration services to adults or juveniles. As a result, there have been deficits and inconsistencies in the administration of the educational component of outpatient competency restoration services and the coordination and integration of that component with existing services and supports to address the underlying causes of incompetency.
(b)
The lack of a designated responsible entity for competency restoration services in Colorado has caused inconsistency in competency restoration services throughout the state and delays in proceedings that impact the due process rights of juveniles and adults involved in the juvenile and criminal justice systems, as well as the interests of victims;
(c)
Competency restoration services must be localized and accessible and take into account the public safety, while still allowing for state-level standards and oversight;
(d)
Competency restoration services for juveniles must be provided in the least restrictive environment, while taking into account the public safety and the best interests of the juvenile; and
(e)
Many services essential to the restoration of competency can be provided through existing programs using existing funding. However, the current system lacks funding and responsibility for the educational component of competency restoration services and case management to access and leverage available services and supports which, combined, will help ensure an integrated approach to competency restoration for juveniles and adults.
(2)
The state department serves as a central organizing structure and responsible entity for the provision of competency restoration education services and coordination of competency restoration services ordered by the court pursuant to section 16-8.5-111 (2) or 19-2.5-704 (2), and the behavioral health administration serves as the central organizing structure and responsible entity for jail-based behavioral health services pursuant to section
27-60-106
.
(3)
The state department shall develop standardized juvenile and adult curricula for the educational component of competency restoration services. The curricula must have a content and delivery mechanism that allows the curricula to be tailored to meet individual needs, including those of persons with intellectual and developmental disabilities.
(4)
Beginning July 1, 2019, the state department has the following duties and responsibilities, subject to available appropriations:
(a)
To oversee providers of the education component of competency restoration services, including:
(I)
Establishing and enforcing qualifications of competency restoration educators, including minimum and ongoing training requirements;
(II)
Evaluating models for the delivery of competency restoration education in a manner that maximizes and expands on available resources while minimizing costs to the state; and
(III)
Maintaining an adequate pool of competency restoration providers, as defined by:
(A)
Qualifications and training;
(B)
Geographical accessibility, in light of the goal of ensuring community-based restoration in the least restrictive environment throughout the state; and
(C)
Ability to provide culturally competent and developmentally appropriate competency restoration education tailored to an individual's unique needs;
(b)
To develop models for providing competency restoration services that integrate competency restoration education with other case management and treatment, ensure continuation of ongoing treatment and services as appropriate, avoid duplication of services, and achieve efficiencies by coordinating with existing community resources and programs;
(c)
To preserve the integrity of the competency evaluation process by ensuring that competency restoration educators operate independently from competency evaluators at the case level;
(d)
To engage with key stakeholders in the juvenile and adult justice systems to develop best practices in the delivery of competency restoration services; and
(e)
To make recommendations for legislation.
(f)
Repealed.
(4.5)
Beginning July 1, 2023, subject to available appropriations, the behavioral health administration shall oversee functions of the jail-based behavioral health services program created in section
27-60-106
.
(5)
Notwithstanding section
24-1-136 (11)(a)(I)
, on or before January 1, 2019, and every January 1 thereafter, the state department shall submit an annual written report to the general assembly summarizing the state department's provision of competency restoration education and its efforts toward the coordination of competency restoration education with other existing services. The report must include:
(a)
Data on the number of individuals ordered to competency restoration services, the average time frame for beginning and ending such services, the types of settings in which competency restoration services are provided, and the outcomes of such services;
(b)
A description of the state department's engagement with community partners to coordinate competency restoration services in an effective and efficient manner;
(c)
Identification of best and promising practices for education and coordination of competency restoration services;
(d)
A description of opportunities to maximize and increase available resources and funding; and
(e)
A description of gaps in and conflicts with existing funding, services, and programming essential to the effective restoration of competency for juveniles and adults.
(f)
Repealed.
(5.5)
Notwithstanding section
24-1-136 (11)(a)(I)
, on or before January 1, 2024, and every January 1 thereafter, the behavioral health administration shall submit an annual written report to the general assembly summarizing the results of the jail-based behavioral health services program created in section
27-60-106
. The report must include a description of the services funded through the jail-based behavioral health services program created in section
27-60-106
.
(6)
In addition to subsection (4) of this section and subject to available appropriations, the state department shall require any county jail to assist in the provision of interim mental health services for individuals who have been court-ordered for inpatient competency restoration and who are waiting admission for an inpatient bed. This section does not toll or otherwise modify the time frames for the state department to offer inpatient admission pursuant to the provisions of section
16-8.5-111
.
Amended by 2024 Ch. 372,§ 16, eff. 6/4/2024.
Amended by 2023 Ch. 206,§ 32, eff. 5/16/2023.
Amended by 2022 Ch. 222, § 91, eff. 7/1/2022.
Amended by 2021 Ch. 136, § 131, eff. 10/1/2021.
Amended by 2019 Ch. 227,§ 20, eff. 7/1/2019.
Amended by 2019 Ch. 227,§ 12, eff. 7/1/2019.
Amended by 2018 Ch. 403, § 2, eff. 6/6/2018.
Added by 2017 Ch. 404, § 3, eff. 8/9/2017.
L. 2017: Entire section added, (SB 17-012), ch. 2109, p. 2109, § 3, effective August 9. L. 2018: (2), IP(4), (4)(d), (4)(e), IP(5), (5)(d), and (5)(e) amended and (4)(f) and (5)(f) added, (SB 18-250), ch. 2376, p. 2376, § 2, effective June 6. L. 2019: (2) and IP(4) amended and (6) added, (SB 19-223), ch. 227, pp. 2293, 2290, §§ 20, 12, effective July 1. L. 2021: (2) amended, (SB 21-059), ch. 136, p. 749, § 131, effective October 1.
Subsection (6) was numbered as (5) in SB 19-223 but has been renumbered on revision for ease of location.