12th Judicial District announces new Competency Court docket

Wednesday, March 20, 2024
ALAMOSA, Colo. – Colorado’s 12th Judicial District (Alamosa, Conejos, Costilla, Mineral, Rio Grande, and Saguache counites) has launched its new Competency Court docket in a push to help address the growing number of defendants in need of competency-restoration services before their cases can move forward. 

The Competency Court, which for now is limited to defendants with cases in Alamosa County, began operations in January 2024 and is meeting twice a month. People charged with the most serious felonies, class 1 and class 2 offenses, are not eligible, and the prosecution and defense must agree that the individual is appropriate for the program.

“Together with our community partners, we will work collaboratively to assist those individuals already involved or at risk of being involved in the criminal competency system to assess their needs and connect them with appropriate resources,” said Judge Kimberly D. Cortez, who presides over the docket. “The goal is to reduce case delays in restoring individuals to competency as well as increase stability and reduce recidivism for those with serious behavioral health challenges who become involved with the criminal justice system.”

When defendants in Colorado have been found incompetent to proceed, their case is stayed pending restoration, which can occur either on an inpatient basis at a state hospital, or on an outpatient basis if the defendant is not in custody. Some in-custody defendants have had to wait up to a year or longer before inpatient space becomes available for restoration services.

The Competency Court will determine, on an individualized basis, if community-based resources and restoration services could be employed through a collaborative model under the supervision and direction of the Competency Court, similar to programs at competency courts in several other Colorado jurisdictions that started within the past several years. Defendants in the program will have regular check-ins with the Competency Court to ensure their compliance.

Community partners in the 12th Judicial District include San Luis Valley Behavioral Health; Center for Restorative Programs; Valley-Wide Health Systems Inc.; Crossroads’ Turning Points Inc.; Alamosa County Sheriff’s Office; Office of Civil and Forensic Mental Health; and Bridges of Colorado.

Once program participants are found competent to proceed in their cases, they will be transferred back to the court to which their case was originally assigned.