Colorado Competency Task Force

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About the task force

Colorado’s competency system decides what happens when someone facing criminal charges might not be able to understand the proceedings or assist in their own defense. Over the past seven years, the number of people entering that system has grown far faster than the state’s population. It also surged far faster than the state’s capacity to serve them. And those found incompetent to proceed routinely must wait in jail for weeks or months before restoration services even begin.

On June 4, Gov. Jared Polis issued Executive Order B 2026 001, creating the Colorado Competency Task Force. Gov. Polis asked the Task Force to deliver its recommendations by Dec. 1.

What the task force is charged with

The Executive Order directs the Task Force to develop recommendations in four areas:

• Pre-arrest diversion. Diversion of individuals with a mental health disorder to an appropriate treatment center, where the charge is a non-violent misdemeanor, before entry into the criminal justice system.
• Diversion of low-level charges. Diversion outside the criminal justice system where restoration to competency is unlikely – or into outpatient and community restoration where restoration is likely.
• Caps and admission criteria. Whether Colorado should adopt caps or admission-based requirements for state inpatient competency restoration services.
• Time to restoration. Improving the time frames for beginning restoration services, including through jail-based mental health services.

The final report also will include implementation time frames and a recommendation on whether the Task Force should continue past 2026.

What the task force is not

The task force is an advisory body. It does not decide individual cases, place individuals in treatment, or set state agency policy directly. It is also separate from the ongoing dispute resolution in Disability Law Colorado v. Barnes.

How it works

• Chair: Leora Joseph, Deputy Executive Director, Civil and Forensic Mental Health, Colorado Department of Human Services.
• Regular meeting schedule: TBD.
• Final report to the governor: Dec. 1.
• Meetings are open to the public and include a public comment period. Agendas, materials, and meeting summaries will be posted on this page.

Key Documents

Founding and governing documents

• Executive Order B 2026 001 (June 4, 2026) – This established the Task Force, its membership, charge, and reporting deadline.
• Senate Bill 26-149 – This legislation created a civil commitment and protective placement pathway for defendants found unrestorable (and who pose a substantial risk of serious harm), broadened the criteria for civil certification, and directed CDHS to open an outpatient treatment facility by Oct. 1, 2027. Bill text and fiscal note.

Background on Colorado’s competency system

• Special Masters’ Status Report (February 2026) – Drs. Neil Gowensmith and Daniel Murrie, Groundswell Services. Includes a seven-year overview of demand, capacity, and waitlist trends.
• Consent Decree, Disability Law Colorado v. Barnes, Case No. 1:11-cv-02285-NYW (2019) – This settlement established mandatory time frames, reporting duties, and financial penalties.
• Behavioral Health Task Force Subcommittees’ Report (July 2020), Long Term Competency Subcommittee recommendations, pp. 48–67: 38 recommendations organized around the Sequential Intercept Model, several of which remain relevant.
• Glossary of terms and acronyms – a reference for competency terminology, the litigation and the agencies involved.

Meetings

Remaining 2026 meetings

The Task Force expects to meet semi-monthly from August through November but haven't set exact dates yet. They will be posted here and sent to subscribers as soon as they are confirmed. 

Dates and topics are subject to change. Agendas are posted at least two business days in advance.

Attending and commenting

• To attend: Meetings are open to the public.
• To speak during public comment: You can attend a meeting in person or virtually and indicate your interest in providing public comment during the 10 minutes allotted for comments. Speakers are allotted two minutes each. Comments are received but not responded to during the meeting.
• To submit a written comment: Email cdhs_competencytaskforce@state.co.us at any time. Written comment is shared with all members and is a public record.
• Share your input: You don't have to attend a meeting to be heard. The task force is gathering public input on how to improve Colorado's competency system, and every submission goes directly to its members. The form is anonymous, and it's open to anyone, including people who've been through the system, families, providers, and the general public alike. Your comments help shape the recommendations due to the governor by Dec. 1. Submit your comments and suggestions here. 
• Accessibility: To request an accommodation or an interpreter, contact Eric Bua, eric.bua@state.co.us or at 720-688-3988.