4C2DE5DB34CFD9A587258AB300713E64 Hearing Summary

Senators Rodriguez and Fields, co-prime sponsors, presented Senate Bill 24-006, considering factors related to the capability to participate in the judicial process in determining whether to place a person into a pretrial diversion program.  The bil is recommended by the Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems (BHDCJS).

Mr. Michael Rourke, representing District Attorney for the 19th Judicial District, testified in opposition to the bill. He raised concerns about participants who have been deemed incompetent to proceed, staffing, and other resource issues. 

Mr. Ben Sollars, representing Assistant District Attorney for the 9th Judicial District, testified in opposition to the bill. He discussed staffing and and legal issues about individuals who are found incompetent to proceed.

Committee members asked questions about juveniles with developmental disabilities, diversion, and the juvenile justice system. The District Attorneys expressed their willingness to work with the bill sponsors and other stakeholders to address concerns about the bill. 

Jack Johnson, representing Disability Law Colorado, testified in support of the bill.  The importance of a diversion option for this population was discussed, as well as an offer to work on amendments with stakeholders.

Mr. James Karbach, representing Colorado State Public Defender, testified in support of the bill.  He discussed resources, the voluntary nature of the bill, and legal impediments.

Committee members asked questions about potential amendments.  Further inquiries were made about competency and case law.

The bill sponsors noted their willingness to work on amendments throughout the process to address district attorney concerns and others. 

The bill sponsors made closing comments, followed by committee member closing comments.