HomeMy WebLinkAbout20260461 Resolution
Approve Memorandum of Understanding for Weld County Competency Docket
Pilot Project and Authorize Department of Justice Services to Sign
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board has been presented with a Memorandum of Understanding for the
Weld County Competency Docket Pilot Project among the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Department of Justice Services, the 19th Judicial District Attorney's Office, the
19th Judicial District Court, the Public Defender's Office, Bridges of Colorado, the Office
of Civic and Forensic Mental Health, and North Range Behavioral Health, commencing
upon full execution of signatures, and ending December 31, 2029, with further terms and
conditions being as stated in said memorandum of understanding, and
Whereas, after review, the Board deems it advisable to approve said memorandum of
understanding, a copy of which is attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Memorandum of Understanding for the Weld County Competency
Docket Pilot Project among the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Justice
Services, the 19th Judicial District Attorney's Office, the 19th Judicial District Court, the
Public Defender's Office, Bridges of Colorado, the Office of Civic and Forensic Mental
Health, and North Range Behavioral Health, be, and hereby is, approved.
Be it further resolved by the Board that Doug Erler, Director of the Department of Justice
Services, be, and hereby is, authorized to sign said memorandum of understanding.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 4th day of March, A.D., 2026:
[Insert Resolution Attestation Block Post Meeting]
2026-0461
JS0009
BOARD OF COUNTY COMMISSIONERS — PASS—AROUND REVIEW
PASS-AROUND TITLE: Consider 19th Judicial District Competency Court Memorandum of Understanding
DEPARTMENT: Justice Services DATE: 02/25/26
PERSON REQUESTING: Doug Erler
Brief description of the problem/issue: The 19th JD Courts is establishing a Competency Court Docket to
provide enhanced oversight, coordination, and specialized services for defendants declared incompetent to
proceed during the adjudication of their criminal cases. Our department, along with the other entities listed in the
MOU, has been participating in the planning and development of this new specialized court program. The MOU
formalizes the collaborative partnership among the participating entities and requires signatures from each
agency, including Weld County Justice Services.
What options exist for the Board?
• Option 1. Approve the MOU and authorize [my) signature on behalf of the Board/Weld County.
• Option 2. Request modifications or additional information prior to approval.
• Option 3. Decline participation in the MOU.
Consequences: Participation in this new program demonstrates good interagency collaboration and a
commitment to improving outcomes of defendants undergoing the competency restoration process. This
specialized docket is expected to enhance service delivery, increase accountability, and support more timely
case resolution.
Impacts: The anticipated impacts are positive, both in terms of service quality and potential in cost avoidance
for Weld County. Facilitating competency restoration in a structured, community-based setting, and when
appropriate, reduces the reliance on costly jail beds, and benefits defendants, our local court system, and the
broader community. The MOU does not obligate Weld County to any financial contribution. It reflects only a
commitment by the participating parties to collaborate and fulfill their respective roles responsibly.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): There are no direct financial costs
associated with this MOU, only investment in staff time and effort.
Recommendation: Option 1.Approve the MOU and authorize my signature on behalf of the Board/Weld County
and the Justice Services Department. The County Attorney's Office has reviewed the MOU and has no objections
to proceeding as recommended. Upon Pass Around approval, I will work with CTB staff to place this item on a
future Hearing Agenda as a Consent Agenda item. Once the MOU is fully executed, I will ensure CTB is provided
with a copy. Thank you for your review.
Support Recommendation Schedule
Place on BOCC�Agenda Work Session Other/Comments:
Perry L. Buck V I ,emWt-f
Scott K. James V l (ll Con
Jason S. Maxey .. vow pewcESS 7
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Lynette Peppier
Kevin D. Ross V i 'e rYl 2026-0461
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Karla Ford
From: Perry Buck
Sent: Wednesday, February 25, 2026 1:59 PM
To: Scott James; Karla Ford; Kevin Ross
Subject: Re: Please Reply- Pass Around -Justice Service
I support
Get Outlook for iOS
From:Scott James<sjames@weld.gov>
Sent:Wednesday, February 25, 2026 12:48:56 PM
To: Karla Ford <kford@weld.gov>; Kevin Ross<kross@weld.gov>; Perry Buck<pbuck@weld.gov>
Subject: Re: Please Reply- Pass Around -Justice Service
I support.
***Sent from my iPhone - Pardon the brevity and type-o's ***
Scott K.James
Weld County Commissioner
Office: 970-400-4200/Cell : 970-381-7496
P.O. Box 758, 1150 0 St., Greeley, CO 80632
IMPORTANT:This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged,
confidential or otherwise protected from disclosure. If you have received this communication in error,
please immediately notify sender by return e-mail and destroy the communication.Any disclosure,
copying, distribution or the taking of any action concerning the contents of this communication or any
attachments by anyone other than the named recipient is strictly prohibited.
_
From: Karla Ford <kford@weld.gov>
Sent: Wednesday, February 25, 2026 2:24:01 PM
To: Scott James<sjames@weld.gov>; Kevin Ross<kross@weld.gov>; Perry Buck<pbuck@weld.gov>
Subject: Please Reply- Pass Around -Justice Service
Please advise if you support recommendation and to have department place on the agenda.
WELE+
COUNTY,CO
Karla Ford
Office Manager& Executive Assistant
Board of Weld County Commissioners
Karla Ford
From: Kevin Ross
Sent: Wednesday, February 25, 2026 12:30 PM
To: Karla Ford; Scott James; Perry Buck
Subject: Re: Please Reply- Pass Around -Justice Service
Approve
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android
From: Karla Ford <kford@weld.gov>
Sent:Wednesday, February 25,2026 2:24:01 PM
To:Scott James<sjames@weld.gov>; Kevin Ross<kross@weld.gov>; Perry Buck<pbuck@weld.gov>
Subject: Please Reply- Pass Around -Justice Service
Please advise if you support recommendation and to have department place on the agenda.
COUNTY,CO
Karla Ford
Office Manager& Executive Assistant
Board of Weld County Commissioners
Desk: 970-400-4200/970-400-4228
P.O. Box 758, 1150 0 St., Greeley, CO 80632
O ;\ 000
Joln Our Team
IMPORTANT:This electronic transmission and any attached documents or other writings are intended only for the
person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by
return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
From: Doug Erler<derler@weld.gov>
Sent:Wednesday, February 25, 2026 12:21 PM
To: Karla Ford <kford@weld.gov>
Cc:Jill Scott<jscott@weld.gov>;Jennifer Oftelie<joftelie@weld.gov>; Dianna Campbell<dcampbell@weld.gov>; Kamie
Cooley<kcooley@weld.gov>; Kendra Bornhoft<kbornhoft@weld.gov>
1
OR,"; •
19th Judicial District
IL S Competency Court
°uRs Memorandum of Understanding
PARTIES
This Memorandum of Understanding ("MOU") dated February 6th, 2026 is entered into by and
between the following collaborative partners in the 19th Judicial District Competency Court
("Competency Court"): the Colorado Judicial Department by and through the 19th Judicial District
Court ("Court"), the Weld County District Attorney's Office ("DA"), Public Defender, Bridges of
Colorado, Office of Civil and Forensic Mental Health, North Range Behavioral Health and Weld
County Justice Services. Hereinafter, each collaborative partner may be identified individually as a
"Party" or collectively as the "Parties."The Parties agree to abide by this MOU as set forth below:
OBJECTIVES
1. Improve the speed at which competency, restorability, and restoration determinations are made,
by improving the support and resources provided to both incarcerated and non-incarcerated
defendants who are in the midst of competency proceedings;
2. Develop collaborative approaches across behavioral health and criminal justice systems;
3. Improve information-sharing, communication, collaboration, and develop data to track progress
of the stated goal below while respecting the individual's constitutional and statutory rights to
privacy and confidentiality;
4. Increase connections to community-based services and support when defendants can safely be
released to the community for evaluation and restoration when appropriate; and
5. Reduce recidivism of people involved in the criminal justice system with substance use and/or
behavioral health challenges who are alleged to be, or have been found to be, incompetent in one
or more pending cases.
PURPOSE AND SCOPE
The Weld County Competency Docket Pilot Project("Competency Docket")works through the needs
of both the defendant and the criminal justice system. The goal of the Competency Court is to reduce
the lengthy periods of delay and uncertainty associated with cases in competency proceedings by
improving the resources provided to both incarcerated and non-incarcerated defendants who are in the
midst of competency proceedings.
The following matters are eligible for transfer to the Competency Docket:
• Any cases originating in a County Court division. Defendants who also have pending felony
matters in Weld County District Court will be considered on a case-by-case basis.
EFFECTIVE DATE&TERM
The term of this MOU shall be from the date this MOU is fully executed until December 31, 2029;
unless terminated, modified, or amended earlier. This MOU is fully executed as of the last date
indicated on the signature page of this document by and between the Parties. This MOU may be
renewed upon written agreement of the Parties.
19th Judicial District Competency Court MOU Page 1 of 13
19th Judicial District
4411
Competency Court
Ape
Memorandum of Understanding
PARTY ROLES AND RESPONSIBILITIES
1. The roles and responsibilities of each Party are defined in Attachment 1.Each Party will appoint
a person to serve as the official contact and coordinate its activities in carrying out the Party's
role in the Competency Court.
2. To manage competency cases cooperatively, efficiently, and tactfully, the Competency Court
team will look at the competency processes,at minimum,twice per month to support and provide
available resources.
3. The Parties shall identify those individuals where competency has been raised in their criminal
proceedings and refer them into the Competency Court. The scope of cases brought into the
Competency Court will be reviewed on a case-by-case basis by the Competency Court Screening
Committee and will be determined based on screening criteria established by the Parties. The
screening criteria is attached to this MOU as Attachment 2. The screening criteria may be
amended/updated periodically as agreed by the Parties but shall be reviewed after an initial
period of three months of final signatures and then periodically as appropriate thereafter.
4. The Parties shall support the Competency Court's mission by:
a. Developing collaborative approaches across behavioral health and justice systems;
b. Improving information-sharing,communication,collaboration,and developing data points
between partners to track progress of the Competency Court's goals; and
c. Stabilize and increase connections to long-term community-based services and support.
CONFIDENTIALITY; EXCHANGE OF INFORMATION.
Confidential Information is defined as materials that describe or identify specific individuals or other
information that could be used to identify a particular individual. All information/data obtained,
learned, or developed in connection with or during Competency Docket staffing's by any of the
Members, shall be confidential to the extent of all Laws and Regulations of the State of Colorado,
subject to the provisions of C.R.S. 16-8.5-104 and 16-8.5-108. The Parties shall comply with all
Federal, State, and local laws concerning the confidentiality of all Confidential Information.
These policies and procedures may be modified and/or amended only as necessary after consultation
with all Competency Docket Team Members.
Any information provided by and between the Parties to this MOU shall be used by the Parties for the
purposes set forth in this MOU.
The Parties agree to comply with all applicable federal and state laws and/or regulations regarding the
security and confidentiality of information, including, but not limited to 42 C.F.R. Part 2, and to the
extent that such regulations apply,45 C.F.R. Parts 160 and 164.
The Parties shall utilize a release of information ("ROI") form agreed upon by Parties. Information-
sharing between Parties regarding protected information of specific individuals pursuant to this MOU
19th Judicial District Competency Court MOU Page 2 of 13
19th Judicial District
(IL
Competency Court
S° R Memorandum of Understanding
shall be pre-conditioned upon the existence of a duly signed and authorized ROI. A Court Liaison's
involvement in the Competency Court program shall not act as a waiver of any duty or privilege for a
third party.
The sharing of Court information and records are subject to restrictions and requirements as set forth
in Chief Justice Directive 05-01, available at www.courts.state.co.us
If a Party is requested to or required to disclose any confidential information in connection with a
release of information pursuant to any civil or criminal legal process,the Party shall provide all other
Parties with prompt written notice of any such request or requirement so that the affected Party may
seek a protective order or other appropriate remedy and/or waive compliance with the provisions of
this MOU. If, in the absence of a protective order or other remedy or the receipt of a waiver, and if
one Party is nonetheless legally compelled to disclose confidential information, the Party, without
liability hereunder, shall disclose to such tribunal only that portion of the confidential information
which it is legally required to be disclosed. The Party shall use its best efforts to preserve the
confidentiality of the confidential information.
This MOU shall not be construed to protect, or to treat as confidential information, statements made
by the defendant which reveal a present intent to cause imminent physical violence to self or against
another person or persons.
TERMINATION
Any Party may terminate its participation in this MOU effective upon thirty days written notice to the
other Parties.This MOU shall continue to be effective among the remaining Parties so long as the Court
determines the purposes of the MOU can still be accomplished.
PUBLICITY RELEASES
A Party shall not refer to this MOU or its relationship to any other Party pursuant to this MOU in a
manner that states or implies that the Party is endorsed or preferred by any other Party.
NO AGENCY OR EMPLOYMENT RELATIONSHIP
The Parties to this MOU are cooperating entities. Nothing contained in this MOU shall be construed
to create a legal agency or employment relationship between the Parties. No Party, nor any employee
of any Party, shall be deemed to be an agent or employee of another Party. Each Party will be
responsible for its acts and those of its employees,agents and subcontractors,if any, during the course
of this MOU.
19th Judicial District Competency Court MOU Page 3 of 13
°aAi 19th Judicial District
`1 Competency Court
~ Memorandum of Understanding
NO THIRD-PARTY BENEFICIARY
It is expressly understood and agreed that nothing contained herein shall give or allow any claim or
right of action by any other or third person, not a party to this MOU. It is the express intent of the
Parties that any person other than the Parties shall be deemed to be an incidental beneficiary only.
DISPUTE RESOLUTION
The Parties agree to attempt to resolve disagreements concerning the implementation of this MOU
through informal discussions.
ENTIRE UNDERSTANDING; MODIFICATIONS
This MOU and its attachments are the complete integration of all understandings between the Parties.
Modifications of this MOU shall not be effective unless agreed to in writing by all Parties in a written,
executed amendment to this MOU.
COUNTERPARTS
This MOU and any amendments hereto may be executed in several counterparts, each of which shall
be deemed original, and all of which together shall constitute the final understanding of the Parties.
19th Judicial District Competency Court MOU Page 4 of 13
a 19th Judicial District
Competency Court
Memorandum of Understanding
IN WITNESS WHEREOF, the Parties have executed this MOU on the dates written below:
Colorado Judicial Department by and through the 19th Judicial District Court:
Steven Vasconcellos, State Court Administrator Date
19'h Judicial District
Vie/ • 3 - t ( - ZoZ (o
Julie Hoskins, Chief Judicial Officer Date
Weld County District Attorney's Office
•
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Michael, , Rourke, Date
Public Defender
Kevin L. Strobel, Greeley Once Head, Deputy State Public Defender Date
Bridges of Colorado
/c�ruta4, 3/5/26
Jennifer Turner, Executive Director Date
19th Judicial District Competency Court MOU Page 5 of 13
19th Judicial District
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„ .j Competency Court
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Memorandum of Understanding
Weld County Justice Services Department
3 — z - z c,
Doug Erler, Director Date
North Ranee Behavioral Health
C.44.6A4. February 23, 2026
Kimberly Collins, Chief Executive Officer Date
19th Judicial District Competency Court MOU Page 6 of 13
ORq -, 19th Judicial District
li, Competency Court
°,jR`,, Memorandum of Understanding
ATTACHMENT 1
ROLES AND RESPONSIBILITES
Competency Court Judge- Presides over court docket and orders bond modification and conditions
while maintaining the integrity of the court and the due process rights of participants. The judge regularly
reviews case status reports detailing each defendant regarding competency process and resources to
support compliance including court appearance and remaining law abiding. Convenes stakeholders to
regularly meet to review participant stability and progress through competency evaluation and/or
restoration towards resolution of the justice-involvement.
Competency Docket Coordinator — Under the direction of the Competency Court Judge and Court
Executive,oversees the Competency Court pre-court staffing,works with the Clerk of Competency Court
and other partners named in the MOU to keep the docket managed, and provides weekly summary
information to the team. Responsible for planning and scheduling of all stakeholder meetings.Acts as the
liaison between the Competency Court Judge and the Competency Court Team in support of ensuring the
timely and effective resolution of participant involvement in the competency and related court processes.
Competency Docket Coordinator is familiar with the various team member operations and maintains clear
and open communications with them. They maintain effective communication and cooperative
relationships with all program stakeholders including external agencies. The Coordinator also collects,
maintains, and organizes program records, participant data, and program statistics. They assume a lead
role in education for staff and stakeholders including developing a training schedule for new team
members and ongoing multidisciplinary team-training and engaging in community outreach and
education. Additionally,the Coordinator plans and leads team building and team planning meetings when
applicable. They are responsible for maintaining the policies and procedures for the program and updating
them as necessary. They oversee the referral process including working with the Public Defender or
private counsel for the defendant in signing the ROI forms and docketing evaluation times. Additionally,
the Competency Court Coordinator will be a single point of contact for judges, counsel, CDHS, and
Bridges regarding competency and Bridges cases. They do not maintain a caseload; however, they are
responsible for conducting outreach in the community for participants and working with providers to
identify opportunities wherein the Coordinator may be able to assist provider capacity in support
participants through the competency docket, including but not limited to coordinating in-home services,
transportation to appointments, and other client specific needs available through local providers.
Competency Court Judicial Clerk — Responsible for maintaining the docket, clerking and general
organization for the judge and the courtroom. The Clerk works closely with the Judge, Competency
Docket Coordinator, and other partners in the MOU to support the day-to-day operations for the entire
team. They will prepare all initial orders,referrals, and any follow-up orders for competency evaluations.
In support of the Docket Coordinator,the Competency Judicial Clerk will track cases where competency
has been raised and track cases where a Bridges Liaison has been appointed to ensure all orders and reports
are filed as required.
19th Judicial District Competency Court MOU Page 7 of 13
c�a 19th Judicial District
Competency Court
s Memorandum of Understanding
The District Attorney—As referrals come in,the DA ensures that discovery is provided to the appropriate
parties in a timely fashion. They interact with victims of crimes to comply with VRA requirements. They
actively participate in staffing of cases and interactions with the staffing team to address general
competency or restoration status. As part of a collaborative team with the judge, defense attorney, case
managers, and treatment staff,the DA monitors the competency process and can make recommendations
regarding resolution of the case.
The Public Defender — Any referrals that previously were appointed a Public Defender, will now be
represented by the assigned Competency Court Public Defender. Those with private counsel will remain
with private counsel. The Public Defender will actively participate as defense counsel throughout the
competency process and provide background information to the team. They will actively represent
defendants in bond modification hearings. They will work with the Competency Docket Coordinator and
Forensic Navigator to monitor timetables and subsequent legal outcomes. The Public Defender will
promote not only the legal rights of the defendant, but also their health and well-being. At the same time,
the Public Defender will always keep the defendant's constitutional rights as the primary concern.
Bridges Court Liaison—Facilitates communication and collaboration between the Court,defense counsel
or the Public Defender,the District Attorney,behavioral health systems,and community service providers.
They promote positive outcomes for individuals involved in the competency evaluation and restoration
system/process. They communicate with judges, district attorneys, and defense attorneys informed about
available community-based behavioral health services for defendants who have been ordered to undergo
a competency evaluation and/or receive competency restoration services. They connect individuals to
behavioral health services, including conducting and/or referring for screenings and evaluations. They
provide input for the weekly docket summary report. The Case Manager reports directly to Competency
Services Team Lead.
Behavioral Health Treatment Provider —North Range Behavioral Health— Behavioral Health
Treatment Provider will work closely with the competency services team when a court order is received
for an evaluation or when a competency involved individual is in crisis. Behavioral Health Treatment
Provider will work with the competency services team to create a service plan based on medical necessity.
Behavioral Health Treatment Provider will offer continuity of care by providing behavioral health services
within the community, and in conjunction with the competency services team. Behavioral health services
include but are not limited to: outpatient therapy services,medication management,and case management.
Behavioral Health Treatment Provider will also provide outpatient competency restoration education as
directed by Colorado Department of Human Services. Behavioral Health Treatment Provider will attend
weekly staffing and attend court docket meetings and will update the Court and team as appropriate.
Substance Abuse Treatment Provider—North Range Behavioral Health—Substance Abuse Treatment
Provider will offer substance abuse treatment, assessments and placement where needed.
Case Manager—Weld County Justice Services- Case manager supervises and monitors defendants in
the Competency process. They will report a defendant's compliance or noncompliance to the Courts,
District Attorney,and defense counsel/Public Defender,and makes recommendations for bond revocation.
They will initiate and maintain a caseload to monitor defendants with bond conditions and court ordered
19th Judicial District Competency Court MOU Page 8 of 13
`,�oaq��_.. 19th Judicial District
IL Competency Court
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screenings. They will provide collaborative services to defendants which may include assisting and
counseling defendants, assessing individual client needs, adaptation of services to suit defendant's needs,
facilitation of application procedures, and following up on defendant services and resolving problems.
They will assess drug, alcohol, and mental health treatment needs and refer defendants for substance use
monitoring if required by court order. The Case Manager will supervise defendants ordered by the Court
to be placed under Pretrial Services supervision to ensure appearance for scheduled court hearings and
compliance with all court-ordered conditions of the defendant's bond.
19th Judicial District Competency Court MOU Page 9 of 13
19th Judicial District
IL\
ala
Competency Court
° ; 't Memorandum of Understanding
ATTACHMENT 2
Competency Court Screening Criteria
Competency Court is focused primarily on individuals already involved in the criminal competency
system and who would benefit from in-custody or out-patient stabilization, restoration services
facilitation, and, whenever feasible, preventative resources intended to reduce the length of incarceration
or future involvement with the justice system.
Competency Court Criteria
In order to be accepted into Competency Court, the following three conditions must be met:
1. The defendant's competency to proceed in a criminal case has been raised by at least one party;
2. The defendant has at least one open case in the district; and
3. The defendant has only misdemeanor or traffic cases pending. Defendants with pending felony
charges in addition to county court cases may be accepted on a case-by-case basis.
In addition, other factors may be considered. Specifically:
1. A case MAY BE appropriate for the competency court if:
a. The defendant has been ordered to complete a competency evaluation and/or
restoration services but is not receiving the evaluation or services due to lack of
stability, support, engagement, and/or openings at inpatient facilities.
b. There are no contested issues1 requiring hearing, or, if there are contested issues,
the parties agree to resolve those issues with one of the following options:
1. Parties will discuss and reach a mutual agreement on the contested issues;
2. Parties will agree to allow the presiding judge of the competency court to
hold a limited hearing on the contested issues; OR
3. Parties will agree to allow another county court judge (not the competency
court judge)to hold a limited hearing on the contested issues.
c. The defendant is at-risk of being involved in the criminal competency system
without supportive mental health and stabilization services.
d. The defendant's needs can be met with available community-based services.
2. A case MAY NOT BE appropriate for the competency court if:
a. The defendant receives and participating in appropriate mental health and/or
restoration services without need of further assistance or support.
b. The defendant previously entered a plea of not guilty and set the matter for trial.
c. The case has been pending for more than six months.2
Contested issues may include but are not limited to: challenges to a finding of competence or incompetence to proceed;
challenges to a finding that a defendant is/is not restorable to competence; motions to dismiss; challenges to orders for in-
patient and/or out-patient evaluations and/or restoration;and bond modifications.
2 If either(ii)or(iii)has occurred,there must be good cause demonstrated as to why the matter was not referred to competency
court earlier in the process.
19th Judicial District Competency Court MOU Page 10 of 13
c�''ORA o0 19th Judicial District
Competency Court
Memorandum of Understanding
Completion of Competency Court
Once screened into the competency court,the case will remain there unless and until one of the following
occur:
1. The defendant has been found to be restored to competency.
o However, the parties may agree to extend the supervision of the competency court for up
to 120 days from the finding of restored to competency if there is a need to further monitor
and provide assistance for the defendant in maintaining stability and participation in mental
health services. This may include a period of transition to services after a sentence to
probation, or whenever feasible,preventative resources as agreed to by the parties.
2. The defendant has been restored to competency and enters a plea of Not Guilty or Not Guilty by
Reason of Insanity.
3. The case is dismissed pursuant to statute either because the defendant is found not likely to be
restored in the reasonably foreseeable future and/or the defendant has been confined for the
maximum period set forth in statute.
4. The defendant remains incompetent to proceed, and the parties have agreed to a non-criminal
justice system treatment plan utilizing another case resolution agreed to in Court.
5. Contested issues raised in the case cannot be resolved using any of the three options listed above
in(I)(ii).
19th Judicial District Competency Court MOU Page 11 of 13
v;\��RAto 19th Judicial District
k Competency Court
°u, Memorandum of Understanding
ATTACHMENT 3
PROCESS
When competency is raised, any party can request transfer to the Competency Docket.
At the start of this pilot program, cases will originate in the Division 9 Docket, as follows:
1. Any party raises competency and makes a request for transfer to the Competency Docket; If, in
addition to the misdemeanor or traffic matters, the defendant has a felony matter pending, the
District Attorney will request a set-over to review the felony case for agreement to transfer all
cases to the Competency Docket;
2. Division 9 Judicial Officer confirms eligibility of case to Competency Docket(see section II);
3. Originating Division Clerk enters code for Mental Health Stay(MHSO)to trigger the competency
evaluation,and sends a referral to the Bridges Team(JDF 44T),as well as JDF 32 or 33 (depending
on if in-custody or not), e-serves parties and emails the information to the members of the
Competency Docket Team;
4. Originating Division Clerk sets matter on the next Competency Docket date in Division 9,
indicates in the minute order that the case has been transferred to Competency Court (Division
CMP) and prepares a Set Slip for the defendant (any companion cases will also be transferred to
the Competency Docket);
5. Originating Division Clerk sends e-mail to Division 9 Clerk and Competency Court Coordinator
identifying Defendant and Case Number;
6. Division 9 Clerk updates DA and PD assigned to the case in jPod;
7. Prior to Docket Date, members of the Competency Docket Team can confer and exchange
information in preparation for"Staffing" on docket day;
8. Competency Court Coordinator shall research if Competency has been raised in any other case,
enter Competency Docket Referral code into jPod, prepare referral court review form and Release
of Information;
9. Staffing starts at 10:30 a.m. on a Competency Court Docket day;
10. Court begins at 11:00 a.m.; and
11. Defendant remains in Competency Docket until case is resolved (plea agreement or dismissal),
competency is restored, or defendant is found competent and matter is transferred to originating
division.
12. Contested Competency Hearings may be held in the originating division or the Competency
Docket division. This will be determined on a case-by-case basis.
19th Judicial District Competency Court MOU Page 12 of 13
ov0Rq�� 19th Judicial District
Competency Court
c.
Memorandum of Understanding
STAFFINGS
Cases will be staffed prior to the docket. Members at the staffing's include: District Attorney, Public
Defender/Defense Counsel, Bridges Liaison, North Range Behavioral Health, and
Navigators/CMHIP/OBH. Other potential stakeholders who may be present at staffing's include: Pretrial
Release, and Weld County Attorney.
Staffing's are designed to assist the Competency Team Members to gain access to pertinent information,
discuss issues regarding bond(s) for both in-custody and out-of-custody defendants, discuss resources,
services, and community support that can be provided and procedural next steps. To the extent provided
by law, any information shared by and between the signees of these Policies and Procedures shall be
subject to the restrictions as set forth within 16-8.5-104 and 16-8.5-108.
19th Judicial District Competency Court MOU Page 13 of 13
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