Mandatory Dismissal, Predictable Harm

What We Believe

House Bill 24-1034 was sold as a way to help people who are mentally incompetent and to bolster the state’s fiscal responsibility; in reality, it created a “Get Out of Jail Free” card for violent criminals found permanently mentally incompetent to stand trial.

The bill requires charges to be dismissed, even where a single evaluator determines the accused is “mentally incompetent and unable to be restored to competency.” This has resulted in high-profile, repeat criminals being released on the streets in Colorado because it is illegal for them to stand trial or be convicted. HB 24-1034 has resulted in a failure of justice for victims and their families and a perpetual danger to communities where violent offenders are set free without consequences.

A number of elected officials, attorneys, and law enforcement officers have suggested credible solutions to fixing the current incompetency problem. These solutions include increasing the standards for the evaluation process, reversing the mandatory dismissal of charges, providing a clear path to civil commitment for dangerous, mentally incompetent offenders, and more.

The bottom line is that Colorado has a responsibility to fix the disaster that HB 24-1034 has created and take action to keep dangerous offenders out of the community.

Read the full report for a comprehensive dive into Colorado’s mental incompetency law and the reforms necessary to reverse course.

Michael Tsogt

Michael Tsogt is a Policy Analyst at the Advance Colorado Institute. His areas of policy and research include education, budget/fiscal matters, and TABOR. He has testified on a wide range of bills before the Colorado legislature, including a bill proposing education savings accounts for special needs and foster care kids in Colorado. During his undergraduate years, Michael was elected as an Academic Senator for student government, covered sports & entertainment for the student newspaper, and participated in several political fellowships and opportunities, including the Center for the Study of Government and the Individual as a Bastiat Fellow. Prior to COVID interrupting plans, Michael was accepted into a study abroad program at Oxford University where he had intended to study Aristotle and political philosophy for a semester. Michael graduated from the University of Colorado with a degree in political science. He and his wife live in Colorado Springs with their son.

Kristi Burton Brown

Kristi is the Executive Vice President at the Advance Colorado Institute. She is also a member of the State Board of Education, representing Congressional District 4. Kristi is the former Chairwoman of the Colorado Republican Party – the first woman to be elected in 40 years and the youngest Chair in Colorado Republican history. Kristi is a constitutional attorney, focusing on First Amendment and Equal Protection issues and is admitted to the U.S. Supreme Court where she has submitted briefs in a number of landmark decisions, including Loper v. Raimondo (the case that overturned the Chevron Doctrine). She is a guest host for the Dan Caplis Show on 630 KHOW. Kristi lives with her family in Douglas County where she and her husband homeschool their children with a classical Christian education.

At Advance Colorado, we believe in an education system that puts Colorado parents and students first through a system that emphasizes:

At the heart of Colorado’s school system is school choice, in which our state has been a national trailblazer for decades. – a system that has enjoyed deep, bipartisan support.

What We Do

We craft cutting edge policies that empower parents, taxpayers, and teachers and push back on the status quo interests that resist reform.

Our 2024 Policy Agenda includes several important education reform priorities. Read it HERE

This year, we are leading the charge to protect the school choice rights we currently have – rights that are annually under siege from the education establishment groups that want to eliminate your right to choose the best school for your children. We can secure our rights into the future through a school choice amendment to the Colorado Constitution.

Read our policy brief on this important issue HERE.

What You Can Do

We help citizens become advocates and leaders.

Whether you are a concerned parent, grandparent or taxpayer, Advance Colorado can equip you with the knowledge and tools to be an effective advocate for high quality, accountable schools. Learn more about our ambassador program.

And if you are interested in running to become a member of your local school board, you can apply to participate in the Advance Colorado Academy New Leader program. LINK If you are a current school board member, you can enroll in our “You’ve Won, Now What?” program. Learn more about our “You’ve Won, Now What?” program.