(1) The general assembly finds and declares that:
Colorado's statutory scheme does not designate an entity responsible for competencyrestoration 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.
The lack of a designated responsible entity for competency restoration services inColorado 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;
Competency restoration services must be localized and accessible and take into account the public safety, while still allowing for state-level standards and oversight;
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
Many services essential to the restoration of competency can be provided throughexisting 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.
The office of behavioral health shall serve as a central organizing structure and responsible entity for the provision of competency restoration education services, coordination of competency restoration services ordered by the court pursuant to section 16-8.5-111 (2)(b) or 19-2-1303 (2), and jail-based behavioral health services pursuant to section 27-60-106.
On or before December 1, 2017, the office shall develop standardized juvenile andadult curricula for the educational component of competency restoration services. The curricula must have a content and delivery mechanism that allows it to be tailored to meet individual needs, including those of persons with intellectual and developmental disabilities.
Beginning July 1, 2019, the office has the following duties and responsibilities, subject to available appropriations:
(a) To oversee providers of the education component of competency restoration services, including:
Establishing and enforcing qualifications of competency restoration educators, including minimum and ongoing training requirements;
Evaluating models for the delivery of competency restoration education in a mannerthat maximizes and expands on available resources while minimizing costs to the state; and
Maintaining an adequate pool of competency restoration providers, as defined by:
Qualifications and training;
Geographical accessibility, in light of the goal of ensuring community-based restoration in the least restrictive environment throughout the state; and
Ability to provide culturally competent and developmentally appropriate competency restoration education tailored to an individual's unique needs;
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;
To preserve the integrity of the competency evaluation process by ensuring that competency restoration educators operate independently from competency evaluators at the case level;
To engage with key stakeholders in the juvenile and adult justice systems to developbest practices in the delivery of competency restoration services;
To make recommendations for legislation; and
To oversee the functions of the jail-based behavioral health services program createdin 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 office shall submit an annual written report to the general assembly summarizing the office's provision of competency restoration education, its efforts toward the coordination of competency restoration education with other existing services, and the results of the jail-based behavioral health services program created in section 27-60-106. The report must include:
Data on the number of individuals ordered to competency restoration services, theaverage 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;
A description of the office's engagement with community partners to coordinate competency restoration services in an effective and efficient manner;
Identification of best and promising practices for education and coordination of competency restoration services;
A description of opportunities to maximize and increase available resources and funding;
A description of gaps in and conflicts with existing funding, services, and programming essential to the effective restoration of competency for juveniles and adults; and
A description of the services funded through the jail-based behavioral health servicesprogram created in section 27-60-106.
(6) In addition to subsection (4) of this section and subject to available appropriations, the office 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 department to offer inpatient admission pursuant to the provisions of section 168.5-111.
Source: L. 2017: Entire section added, (SB 17-012), ch. 404, 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. 403, 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.
Editor's note: Subsection (6) was numbered as (5) in SB 19-223 but has been renumbered on revision for ease of location.