WellPower’s name is synonymous with progressive, innovative approaches to mental health steeped in diversity, equity, inclusion and belonging. Our newest partnership with a slew of well-known Denver institutions aims to help people with mental health issues get treatment instead of jail time.

Competency to stand trial – a defendant’s ability to understand and participate in legal proceedings – is a hot topic. It raises complex questions, including how to define and measure competency and how to balance the interests of public safety and individual liberty.

This is where Denver’s new Competency Court comes in.

What is Competency Court?

Ensuring defendants are competent guarantees fair trials and meaningful defense participation. An incompetent defendant cannot be convicted.

Competency court is a specialized court program that addresses the needs of people who are charged with low-level crimes and have mental health issues that affect their ability to understand the legal process.

The goal of Denver’s Competency Court is to connect these defendants with mental health support services so that they get the help they need, while at the same time allowing for legal proceedings to continue as quickly as possible. In fact, this court aims to get people into care instead of fully raising the issue of competency. Based on the experience of other courts with similar programs, the expectation is to see an increase in public safety and a decrease in recidivism rates.

“We are thrilled to be part of this paradigm shift,” said Sam Rabins, LCSW, associate director of justice services at WellPower. “Having a dedicated competency court in Denver means we have come a long way in our understanding of mental health and the court system.”

Why is it needed?

According to the Denver District Attorney’s Office, nearly 1 in 3 individuals arrested in Denver live with a mental health condition.

Many of them end up in jail, where they may not receive adequate care and may deteriorate further. This also contributes to jail overcrowding and high costs for taxpayers.

“Jail has become our #1 mental health institution,” continued Rabins. “Ultimately, people sit in jail for minor offences awaiting competency evaluations. For example, stealing a can of beans or trespassing at a business because it’s too hot outside and they are desperate to cool off. These are often offenses related to being unhoused and during the process, their competency has been raised. So, they end up sitting in jail, sometimes more than a year.”

Currently, there nearly 140 open cases in the City and County of Denver alone and the wait for a competency evaluation in custody is two months, which means taxpayers are footing the bill for the wait.

“We, along with our partners, are connecting this population with a range of supportive services, depending on their needs. WellPower is providing this vulnerable population direct access to our outpatient services, which can include regular access to a therapist, case manager and psychiatrist for their mental health needs.

Who are the partners?

Launched in 2024, Denver’s Competency Court is a project between Denver County Court, the Denver District Attorney’s Office, the Colorado Public Defender’s Office, Denver Health, Bridges of Colorado, Servicios de la Raza, Denver FIRST, Second Chance Center, WellPower and the Office of Civil and Forensic Mental Health. The initiative is modeled after similar programs in other jurisdictions, such as San Diego and King County, Washington.

“The list of partners on this paradigm-shifting endeavor is powerful,” concluded Rabins. “We need our whole Denver community to wrap around this population to ensure their success. These individuals are completely capable of being self-sufficient, but they have had too many barriers in their life to do it on their own. We can do more for this population together.”

To learn more about WellPower’s work in the justice system, click here.