What is competency?

competency to stand trial (CST)

Per the State of Colorado Judicial Branch, "Competency to stand trial (CST), refers to the constitutional requirement that people facing criminal charges must be able to aid in their own defense. A criminal case cannot be adjudicated unless this requirement is met. The U.S. Supreme Court considers someone competent to stand trial if that person is rationally able to consult with an attorney and holds a clear understanding of the charges against him or her.  This standard was established by the U.S. Supreme Court in Dusky v. United States (1960). It describes the test for competency as whether a defendant has “sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding—and whether he has a rational as well as factual understanding of the proceedings against him.” See Dusky v. United States, 362 U.S. 402 (1960)."

"C.R.S. § 16-8.5-101: Defines “competent to proceed” as meaning that the defendant does not have a mental disability or developmental disability that prevents the defendant from having sufficient present ability to consult with the defendant’s lawyer with a reasonable degree of rational understanding to assist in the defense or prevents the defendant from having a rational and factual understanding of the criminal proceedings."

https://cjpu.colorado.gov/competency

The number of defendants whose competency has been questioned has risen dramatically across the United States, including Colorado, necessitating mandated court-ordered competency evaluations and resulting in extensive wait times for evaluation and evaluation. This translates to increased burden on taxpayers, the judicial system, law enforcement agencies while presenting backlogs for defendants needing a higher level of care for mental health services.