Colorado law targets loophole for offenders with mental health issues

COLORADO SPRINGS, Colo. (KRDO) -- Gov. Jared Polis has signed a bill into law designed to address a loophole for criminal offenders with mental health disorders. The legislation, which passed unanimously through both chambers of the state legislature, aims to place individuals who commit crimes and have mental health issues into mental health care facilities rather than releasing them.

The new law comes more than nine months after Joel Lang was released from jail after being declared incompetent to stand trial for killing Kristy Kerst in Monument. Lang had dragged her body more than 300 feet with his car and was released because he could not be restored to competency. The bill invests $75 million over the next three years to increase resources for facilities housing criminally incompetent offenders.

Britany Visage and Hannah Kerst, daughters of Kristy Kerst, have advocated for this change for the better part of a year following their mother's death at a McDonald's in Monument. The bill's signing marks a culmination of their efforts.

Kerst, who helped write the petition to change competency laws, said, "It may not be the biggest victory for our family, but it's definitely gonna be a victory for other people who would've been affected."

Visage is one of the founders of the Competency Crusaders, a group of people impacted by the laws. This group has protested outside courthouses and pressured lawmakers to act. Visage expressed the deep personal cost of their fight, stating, "Nothing will take away the pain of losing my mom. But I know she would be very proud of me for working so hard."

Congresswoman Judy Amabile, one of the bill's sponsors, heard the message from advocates like the Competency Crusaders. Amabile emphasized the bill's intent, saying, "We are opening up pathways for somebody in this circumstance, who is dangerous and shouldn't be in the community; is placed in a care setting."

Sen. Amabile highlighted that criminally incompetent offenders have been released multiple times in some parts of the state due to the existing loophole, which this bill will help close.

This news was welcomed by Visage, who reflected on the moment, "I've been thinking about what this moment would be like for months now. It's very bittersweet. It's really hard not getting justice for the person that gave me everything. But I'm relieved."

Kerst remains proud of her sister's resolve in continuing their advocacy. "It's my mom shining through her through and through. My mom's not here but it's shining through my sister and has been since that day."

The fight for change continues for Visage and Kerst. They still aim to see further changes made in the competency evaluation process.

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