- Apr 2, 2025
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DENVER — In a significant turnaround since the onset of the pandemic, Colorado is witnessing remarkable improvements in the waitlist for individuals accused of crimes who require mental health treatment. These individuals, deemed too mentally ill to stand trial, have been left in limbo as their cases await restoration of competency. This article delves into the current state of the waitlist and its implications for both the justice system and the individuals involved.
Just a year ago, approximately 445 individuals were languishing on the waitlist for restoration treatment. Today, that number has plummeted to fewer than 250. This marks the lowest waitlist figure in years, a reassuring sign that progress is being made in addressing the backlog.
Leora Joseph, director of Colorado's Office of Behavioral Health, attributed this progress to several key initiatives:
The state has also been working under a federal court agreement established in 2019 to meet specific deadlines for treatment. Initially, this led to a significant reduction in the waitlist, but the pandemic posed new challenges that reversed some of the gains made.
As the pandemic unfolded, Colorado's Department of Human Services faced staffing shortages that resulted in unused hospital beds and decreased capacity for transferring jail detainees to treatment facilities. By late May 2023, the waitlist had peaked at 464 individuals, reflecting the strain the pandemic placed on the system.
According to a recent federal report, most hospital units have reopened, and the Department of Human Services has secured additional beds, allowing for more individuals to be discharged from the waitlist. For the first time since 2021, the waitlist has dipped below 300.
Under the existing consent decree, Colorado is mandated to provide treatment within seven to 28 days. As of April 2024, wait times have improved to approximately 55 to 106 days, the shortest since 2022, with some detainees receiving treatment in mere days or weeks.
Meghan Baker from Disability Law Colorado, which previously sued the state over wait times, expressed cautious optimism regarding the recent developments. She emphasized the need for ongoing changes within the system to ensure that this momentum continues.
“I think we have finally gotten enough momentum to start impacting some of the systemic changes that are required,” Baker noted.
The reduction in the waitlist is not just about numbers; it signifies less delay in legal proceedings for individuals found incompetent to stand trial. This shift could lead to a more efficient justice system, benefiting both defendants and the broader community.
We invite you to share your thoughts and engage in this crucial conversation about mental health treatment and justice in Colorado.
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