Keeping Colorado Communities Safe: Governor Polis Signs Major Bipartisan Public Safety Legislation Updating Colorado’s Competency Laws

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DENVER - Today, Governor Polis signed SB26-149 - Pathways for Individuals with Mental Health Disorder, sponsored by Senator Judy Amabile and Senate Minority Leader Cleave Simpson, and House Speaker Julie McCluskie and House Minority Leader Jarvis Caldwell. This major public safety law will update Colorado's competency laws, ensuring people who are deemed incompetent to stand trial, unlikely to be restored in the near future and pose a danger to themselves or others are not just released into the community, but connected to services and secure placement.

"This is a major step forward to keep Coloradans and our communities safe. It is not right for someone who is a serious danger to themselves or others to be released into the community without resources or proper care. This law updates Colorado's competency process, provides important funding for bed capacity, invests in services, and protects public safety. Keeping the status quo was not an option, and I am grateful to the sponsors for the hard work and thoughtful conversations it took to bring this important bill to my desk," said Governor Polis.

This law improves the state's ability to connect defendants deemed incompetent to services and empowers the state to find safe placements for individuals whose cases have been dismissed. This law invests roughly $30 million to safely serve those found incompetent and unrestorable, including through an expansion of both inpatient and outpatient capacity. Separately, this law improves our civil mental health system to give courts and mental health care professionals the tools to support individuals with chronic behavioral health needs. Read the Governor's signing statement.

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"This new, bipartisan law will address gaps in Colorado's justice system to ensure people have access to the behavioral healthcare that they need and keep our communities safe," said Speaker Julie McCluskie, D-Dillon. "This law creates a new pathway to place someone in long-term treatment if they pose a serious risk to community safety and are unlikely to be restored to competency to stand trial. Modernizing treatment and coordination between agencies will improve our justice system and public safety across the state. This has been an extremely difficult and complicated issue to address, and I am grateful for the work of Senator Amabile, Minority Leaders Simpson and Caldwell, the Office of the State Public Defender, the Governor's Office and State Agencies, and Colorado's district attorneys, who worked so hard to deliver this bipartisan consensus."

"Too often, people with intellectual and developmental disabilities or untreated mental illness are in jail not because it is the right place for them, but because there is nowhere else to go," said Senator Judy Amabile, D-Boulder. "This new law improves access to restorative treatment, protects Coloradans' constitutional rights, and enhances public safety by ensuring that the very small percentage of people who should not be released into our communities get the treatment they need. SB149 comes after months of consideration with law enforcement, mental health providers, impacted families, and community leaders to find the right path forward that protects Coloradans' fundamental rights and prioritizes public safety."

"This legislation was a top priority, and I want to thank all of the stakeholders, especially the District Attorneys and Public Defenders, for their work to strike the crucial balance between constitutional rights and public safety," said Minority Leader Jarvis Caldwell (HD-20). "Passing this bill was essential to ensure that individuals who pose a serious threat to public safety are not released back into our communities."

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"Today's signing of SB26-149 is an important step toward closing dangerous gaps in Colorado's competency and mental health systems. For years, families, law enforcement, and communities have struggled without clear pathways for individuals who are both severely mentally ill and pose a danger to themselves or others. This bipartisan legislation strengthens public safety, protects constitutional rights, and creates more accountability in how the state handles these complex cases. I am proud to work across the aisle to advance a solution focused on treatment, structure, and safer communities for all Coloradans."

Governor Polis also signed the following bills into law administratively.
  • SB26-092 - Modification of County Elected Officer Salary Categories, sponsored by Senate Minority Leader Cleave Simpson and Representatives Larry Don Suckla and Elizabeth Velasco
  • SB26-101 - Local Government Landfill Methane Emission Reduction Regulations, sponsored by Senators Byron Pelton and Dylan Roberts, and Representatives Meghan Lukens and Chris Richardson
  • SB26-124 - Colorado Survivor Justice Act, sponsored by Senator Katie Wallace and Representative Rebekah Stewart
  • SB26-182 -  Updated Clean Energy Plan Municipally Owned Utility, sponsored by House Minority Leader Jarvis Caldwell, Representative Amy Paschal, Senate Minority Leader Cleave Simpson, and Senator Marc Snyder

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