The “Restoration to Competency Waitlist”

There is presently a state-wide waitlist of incompetent defendants awaiting restoration to competency. The wait for in-custody defendants is so long that the resulting delay in restoration services has been held by a federal court to be an unconstitutional deprivation of those defendants’ due process rights. As a result, every year for the last several years, Colorado has had to pay large fines. Although these fines are channeled back into the system to help alleviate the waitlist, despite considerable efforts, the waitlist persists. The problem has led to a number of legal reforms to the competency system and competency laws in recent years. These reforms have, among other consequences, made it more difficult to hold incompetent defendants, mandated dismissal of certain incompetent defendants, and created new alternatives to competency, such as diversionary programs like the Bridges Wraparound Care Program.