Bridges Wraparound Care Program

C.R.S. tit. 16, art. 8.6
in effect

C.R.S. § 16-8.6-101 Legislative declaration

16-8.6-101. Legislative declaration. (1) The general assembly finds and declares that: (a) For more than a decade, Colorado has experienced a crisis in responding to individuals in the criminal justice system who are suffering from a mental illness or mental disability and who are determined by a mental health professional to be incompetent to be prosecuted; (b) Individuals found incompetent to proceed by the court are ordered to be restored to competency through services designed to achieve restoration, which services are provided in an inpatient hospital setting or other community-based setting; (c) The number of individuals ordered to receive inpatient restoration services has substantially increased over the years. Additionally, the number of beds available for inpatient restoration has been unstable and the lack of adequate staffing has caused many inpatient units to close. This combination has resulted in a long wait list and significantly longer waiting periods in county jails. (d) Colorado has an obligation to ensure that individuals who are found incompetent to proceed do not languish in jail on a wait list for competency services and to honor the individuals' constitutional right to timely access to restoration services; (e) Despite the protracted litigation and legislative efforts, Colorado has been unable to eliminate the multitude of problems in the adult competency system, including the wait list, which has increased over one hundred percent in recent years; and (f) Colorado cannot eliminate the wait list by only increasing the number of inpatient beds; instead, Colorado must seek to reduce the number of individuals placed on the wait list for competency services through: (I) Community support; (II) Connecting individuals to a range of community services that provide social stability for individuals who cycle in and out of the competency system; and (III) Eliminating competency services and prosecution of very low-level offenses, which will reduce the use of expensive inpatient beds. (2) The general assembly further finds and declares that: (a) Rather than focusing on competency services to allow for prosecution, Colorado should focus on an individual's mental wellness and social stability, which will enhance public safety, system fairness, and produce better outcomes, along with reducing the inpatient competency restoration wait list; and (b) Significant research and national best practices support the concept of eliminating restoration services for very low-level offenses and diverting individuals from the criminal justice system who are charged with very low-level offenses and who do not present a public safety risk. The research and national best practices demonstrate that well-designed community programs that focus on mental wellness and social stability can reduce recidivism and move individuals suffering from mental illness or other mental disabilities into a more stable and productive lifestyle. (3) Therefore, the general assembly declares that it is critical for the state, in conjunction with bridges of Colorado, to require each judicial district to develop a process to identify and refer individuals to a wraparound care program as a community-based alternative to competency proceedings in order to limit the number of individuals on the competency wait list and to improve outcomes and community safety through clinical care and social stability services.

C.R.S. § 16-8.6-102 Definitions

16-8.6-102. Definitions. As used in this article 8.6, unless the context otherwise requires: (1) "Bridges of Colorado" or "bridges" means the office of bridges of Colorado established pursuant to section 13-95-103. (2) "Bridges wraparound care program" means the bridges wraparound care program created in section 16-8.6-103. (3) "Eligible individual" or "eligible defendant" means an individual who the judicial district identifies as eligible for referral to the bridges wraparound care program pursuant to section 16-8.6-108.

C.R.S. § 16-8.6-103 Bridges wraparound care program - established

16-8.6-103. Bridges wraparound care program - established. (1) There is created in the office of bridges of Colorado, created in section 13-95-103, the bridges wraparound care program to increase the success of eligible individuals referred from the criminal justice system by connecting the eligible individuals to necessary wraparound care coordination services, resulting in case dismissal, continuity of care, and increased social stability. (2) The purpose of the bridges wraparound care program is to: (a) Serve eligible individuals who are identified and referred by judicial districts in lieu of criminal prosecution, who are able to remain in the community and who are found incompetent to proceed or who are likely to be found incompetent to proceed; (b) Serve eligible individuals whose cases have been dismissed pursuant to section 16-8.5-111 (1.6) but who are voluntarily willing to participate in the bridges wraparound care program; (c) Increase the mental wellness and social stability of individuals participating in the bridges wraparound care program; (d) Decrease the number of individuals on the wait list for competency restoration services; (e) Decrease the number of individuals undergoing competency evaluations; and (f) Decrease the rate of reoffense for eligible individuals charged with low-level offenses who are accepted to participate in the bridges wraparound care program.

C.R.S. § 16-8.6-104 Memorandum of understanding

16-8.6-104. Memorandum of understanding. (1) (a) The chief judge of each judicial district shall enter into a memorandum of understanding with the district attorney's office, the public defender's office, bridges of Colorado, the department of human services, the behavioral health administration in the department of human services, community-based treatment providers, and local behavioral health case management programs within the judicial district to develop and implement a referral process to deflect individuals who are likely to be found incompetent to proceed from competency proceedings and the criminal justice system. The memorandum of understanding must ensure the parties develop an operational vision for the referral process and how the referral process will best operate within the judicial district. Additional individuals or entities may be included in the development and implementation of the memorandum of understanding with the agreement of the parties to the memorandum of understanding described in this subsection (1)(a). (b) The office of the state court administrator shall coordinate the creation of the memorandum of understanding for each judicial district and any revisions, as needed. (c) The parties to the memorandum of understanding shall collaborate with community groups advocating for individuals with mental health disorders in the development and operation of the referral process, whenever possible. (2) At a minimum, the memorandum of understanding must: (a) Describe the operational vision of the referral process; (b) Ensure the dedication of resources for individuals referred to the bridges wraparound care program; (c) Define the process of referral to the bridges wraparound care program; (d) Define procedures that best ensure the efficiency and fairness of the referral process in the judicial district; (e) Require service providers who are a party to the memorandum of understanding and who provide the services described in section 16-8.6-109 (4) to participate in the bridges wraparound care process, regularly meet and communicate with the bridges wraparound care coordinator, and provide services, as necessary, to support each individual participating in the bridges wraparound care program; (f) Define the process and timeline for bridges of Colorado to report to the district attorney and the court regarding an individual's noncompliance with the bridges wraparound care program; and (g) Address compliance with the data-gathering requirements pursuant to section 16-8.6-105 (2).

C.R.S. § 16-8.6-105 Office of the state court administrator - court coordinator - data gathering

16-8.6-105. Office of the state court administrator - court coordinator - data gathering. (1) The office of the state court administrator shall ensure a court coordinator: (a) Assists with identifying eligible individuals; (b) Collaborates with the entities described in section 16-8.6-104 (1)(a) to develop the memorandum of understanding; (c) Manages and collects data and manages reporting requirements pursuant to subsection (2) of this section in coordination with bridges of Colorado and the entities described in section 16-8.6-104 (1)(a); and (d) Provides ongoing support to each judicial district in developing and implementing the referral process described in section 16-8.6-107. (2) The state court administrator shall collaborate with the entities described in section 16-8.6-104 (1)(a), including bridges of Colorado, to collect the following information for each eligible individual who is identified and referred to the bridges wraparound care program: (a) The individual's name; age; race; identified gender; charges, as identified by the charge code; and case number; (b) The legal basis for the referral; (c) Whether the individual has previously been held for an emergency commitment pursuant to article 65 of title 27; (d) Whether the individual successfully completed the bridges wraparound care program and any identified resources and connections provided to the individual; (e) Whether the individual was unable to successfully complete the bridges wraparound care program and the reasons for the lack of successful completion; (f) Whether resources were available to meet the individual's mental wellness and social stability needs, identifying what resources were not available and the reason for the lack of resources; (g) The amount of money dedicated to serving the individual during the individual's participation in the bridges wraparound care program and whether any services were reimbursed by medicaid or other state or federally funded programs; (h) The number of individuals who participated in the bridges wraparound care program who otherwise would have been ordered to competency services and the number of individuals who likely would have been on the inpatient competency wait list or occupied an inpatient restoration bed; (i) The number of individuals who participated in the bridges wraparound care program who were charged with a crime, not including a civil offense or traffic offense, that occurred while participating in the program or within one year after successfully completing the program; and (j) The number of individuals who were identified and referred to the bridges wraparound care program but were not accepted for participation and the reasons for the non-acceptance.

C.R.S. § 16-8.6-106 Bridges wraparound care coordinator - duties and responsibilities

16-8.6-106. Bridges wraparound care coordinator - duties and responsibilities. (1) The bridges wraparound care coordinator appointed pursuant to section 16-8.6-108 (4) has the following duties and responsibilities: (a) Follow the policies, procedures, best practices, and guidance of the bridges wraparound care program, as established by the office of bridges of Colorado, created in section 13-95-103, and the bridges of Colorado commission, created in section 13-95-104; (b) Conduct an initial intake of an eligible individual pursuant to section 16-8.6-108; (c) Screen and assess, or arrange for the screening and assessment of, a program participant and develop an individualized wraparound care plan pursuant to section 16-8.6-109; (d) Determine with the program participant the appropriate wraparound care referral and service options to support the individualized wraparound care plan created pursuant to section 16-8.6-109 (4); (e) Coordinate services with service providers, including service providers who are a party to the memorandum of understanding, and agencies identified in the individualized wraparound care plan, including facilitating collaborative efforts to identify and address systemic and provider-related barriers to care; (f) Proactively seek to maintain frequent and regular contact with program participants; directly assist in connecting program participants to necessary services and resources, court appearances, and other appointments; and make thorough efforts to know where program participants are residing, where program participants can be regularly found, and all known contact information for program participants; (g) Monitor program participant engagement with the individualized wraparound care plan and provide support to enable the program participant to engage fully, and allow for variances in the individualized wraparound care plan to continue to best meet the behavioral health and social determinants of health needs of the program participant; (h) Provide a written report to the court and parties when a program participant is not meaningfully engaged with the individualized wraparound care plan, including notifying the court when a provider, environmental, or systemic barrier exists that keeps the program participant from successfully engaging with the individualized wraparound care plan; (i) Provide information to criminal justice personnel regarding behavioral health and community treatment options and bridges wraparound care program best practices; and (j) Provide a written report to the court regarding the program participant's progress with the individualized wraparound care plan as necessary and for the purpose of providing information to the court for any hearings related to the program participant's case dismissal or program termination.

C.R.S. § 16-8.6-107 Judicial district referral process - deadlines

16-8.6-107. Judicial district referral process - deadlines. (1) Each judicial district shall develop a process to identify and refer eligible individuals to the bridges wraparound care program as a community-based alternative to competency proceedings pursuant to the following schedule: (a) No later than April 1, 2025, for the second, seventeenth, eighteenth, and twentieth judicial districts; (b) No later than October 1, 2025, for the first, fourth, fifth, sixth, eighth, fifteenth, sixteenth, twenty-first, and twenty-second judicial districts; and (c) No later than July 1, 2026, for the third, seventh, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, nineteenth, and twenty-third judicial districts.

C.R.S. § 16-8.6-108 Eligibility - initial intake - acceptance - release from custody

16-8.6-108. Eligibility - initial intake - acceptance - release from custody. (1) A defendant may be referred to the bridges wraparound care program with the consent of the district attorney. (2) A defendant who is referred to the bridges wraparound care program is eligible to participate in the program if: (a) The district attorney and defense counsel agree that there is reasonable cause to believe that the defendant will be found incompetent to proceed if the issue of competency is raised; (b) The defendant consents to participate in the bridges wraparound care program; and (c) The defendant is not charged with a class 1 felony; a class 2 felony; a class 3 felony; a level 1 drug felony; a level 2 drug felony; a sex offense, as defined in section 18-1.3-1003; a crime of violence, as defined in section 18-1.3-406 (2); or any offense described in section 24-4.1-302 (1), unless the district attorney waives this requirement in the interest of justice. (3) Prior to referring a defendant to the bridges wraparound care program, when the defendant is charged with an offense described in section 24-4.1-302 (1), the district attorney shall comply with all relevant provisions of section 24-4.1-300.1, et seq. (4) The district attorney must be provided access to the reports and information described in section 16-8.5-104 (1) and (4) and any reports and information related to the defendant's compliance with the bridges wraparound care program. A defendant who consents to participate in the bridges wraparound care program waives any claim to confidentiality and privilege for the purposes of the reports and information provided pursuant to this subsection (4). (5) If an eligible defendant is referred to the bridges wraparound care program and the defendant consents to participate in the program, the court shall issue an order appointing a bridges wraparound care coordinator. The bridges wraparound care program must accept an eligible defendant who is referred by the court to the program, unless the bridges wraparound care coordinator determines that the bridges wraparound care program is not appropriate for the defendant. If the bridges wraparound care program is not appropriate for the defendant, bridges of Colorado shall immediately notify the court and provide the court with other appropriate interventions that may include, but are not limited to, civil commitment or other placement options. (6) If a defendant is accepted to participate in the bridges wraparound care program and the defendant is in custody, the court shall release the defendant on a personal recognizance bond. Upon motion of the district attorney or a request to terminate the defendant from the bridges wraparound care program, the court may revoke the personal recognizance bond for any violation of bond conditions, including the defendant's noncompliance with program requirements. If the court continues the defendant's participation in the bridges wraparound care program, the court shall reinstate the personal recognizance bond.

C.R.S. § 16-8.6-109 Participation - individualized wraparound care plan

16-8.6-109. Participation - individualized wraparound care plan. (1) An individual who is accepted to participate in the bridges wraparound care program pursuant to section 16-8.6-108 shall: (a) Enter into a written agreement with bridges of Colorado detailing the individual's participation in the bridges wraparound care program and the program expectations; (b) Cooperate with the bridges wraparound care coordinator in developing the components of the participant's individualized wraparound care plan; and (c) Engage with the bridges wraparound care coordinator and the services outlined in the individualized wraparound care plan. (2) As a condition of acceptance in the bridges wraparound care program, the participant may be required to authorize a release of information to allow for coordination of wraparound care services with other service providers and review of the participant's compliance with the individualized wraparound care plan and engagement with services. (3) The bridges wraparound care coordinator shall conduct a screening and assessment of the participant, which may be conducted in collaboration with external service providers or assessment centers. The bridges wraparound care coordinator may consider the information, services, and community mental health resources provided by the behavioral health administration in the department of human services and the behavioral health administrative services organizations established pursuant to part 4 of article 50 of title 27. (4) (a) As part of the screening and assessment conducted pursuant to subsection (3) of this section, the bridges wraparound care coordinator shall create an individualized wraparound care plan for the participant that is designed to reduce barriers and facilitate access to wraparound care resources, especially behavioral health and other social determinants of health services. The individualized wraparound care plan must be designed to support continuity of care, social stabilization, and increased recovery rates. The individualized wraparound care plan must take into consideration the participant's behavioral health and social determinants of health needs, including: (I) Mental health treatment and care; (II) Treatment and care for mental disabilities; (III) Substance use disorder intervention and recovery services; (IV) Housing, including supportive housing; (V) Transportation; (VI) Basic needs assistance; (VII) Employment assistance, if applicable; and (VIII) Health insurance coverage, including medicare or medicaid eligibility and enrollment. (b) The bridges wraparound care coordinator shall provide the defendant, the defense counsel, the district attorney, and the court with a copy of the individualized wraparound care plan in writing.

C.R.S. § 16-8.6-110 Review hearing - notice of termination

16-8.6-110. Review hearing - notice of termination. (1) The court shall set a review hearing within one hundred eighty-two days after the court issues an order appointing a bridges wraparound care coordinator pursuant to section 16-8.6-108 (4). At the review hearing, the court must dismiss the charges against the defendant unless the court finds that the defendant has not satisfactorily complied with the individualized wraparound care plan, at which point the district attorney may file a notice of termination with the court pursuant to subsection (2) of this section. If the defendant has not satisfactorily complied with the individualized wraparound care plan but remains engaged, the court may continue the defendant's case for up to an additional ninety-one days and shall dismiss the charges if the defendant has satisfactorily complied with the individualized wraparound care plan within the additional ninety-one days. (2) The district attorney may file a notice of termination with the court if, at any time prior to the dismissal of charges, the prosecution believes that the defendant has failed to satisfactorily comply with the individualized wraparound care plan. Upon filing the notice of termination, the court shall set a hearing date for the defendant's appearance or issue a warrant if requested by the district attorney. If the court determines based on a preponderance of the evidence that the defendant did not successfully comply with the individualized wraparound care plan, the district attorney may prosecute the defendant for the original offense or offenses. (3) If the charges against a defendant are dismissed pursuant to this section and the charges are eligible for sealing pursuant to section 24-72-704, the district attorney may object, in the interests of justice, to sealing the case. If the district attorney files a written objection to the sealing within seven days of the dismissal, the charges against the defendant are not eligible for sealing and the court shall not enter an order sealing the charges; except that, the district attorney may, at a later date, withdraw the objection and agree to sealing the case that is dismissed pursuant to this section.

C.R.S. § 16-8.6-111 Statements made by defendant

16-8.6-111. Statements made by defendant. Any statement made by the defendant during the intake, screening and assessment, or while participating in the bridges wraparound care program pursuant to this article 8.6 that pertains to charges already filed against the defendant at the time of the initial referral to the wraparound care program must not be used against the defendant in the prosecution of those charges, except to impeach or rebut the defendant's testimony.

C.R.S. § 16-8.6-112 Exclusion from speedy trial

16-8.6-112. Exclusion from speedy trial. Any period of time when the defendant is participating in the initial intake pursuant to section 16-8.6-108, is screened and assessed pursuant to section 16-8.6-109, is participating in the program, or following a notice of termination prior to the defendant appearing before the court is excluded from speedy trial requirements pursuant to section 18-1-405 (6), regardless of whether the defendant completed a written waiver.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-16.docxFetched: 10/6/2026