§ 16-5-301 — Preliminary hearing or waiver - dispositional hearing

(1) (a) Every
person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony by direct
information or felony complaint has the right to demand and receive a preliminary
hearing within a reasonable time to determine whether probable cause exists to
believe that the offense charged in the information or felony complaint was
committed by the defendant. In addition, only those persons accused of a class 4, 5,
or 6 felony by direct information or felony complaint which felony requires
mandatory sentencing or is a crime of violence as defined in section 18-1.3-406,
C.R.S., or is a sexual offense under part 4 of article 3 of title 18, C.R.S., shall have
the right to demand and receive a preliminary hearing within a reasonable time to
determine whether probable cause exists to believe that the offense charged in the
information or felony complaint was committed by the defendant. The procedure to
be followed in asserting the right to a preliminary hearing and the time within which
demand therefor must be made, as well as the time within which the hearing, if
demanded, shall be had, shall be as provided by applicable rule of the supreme
court of Colorado. A failure to observe and substantially comply with such rule shall
be deemed a waiver of this right to a preliminary hearing.

(b) (I) No person accused of a class 4, 5, or 6 felony or level 3 or level 4 drug
felony by direct information or felony complaint, except those which require
mandatory sentencing or which are crimes of violence as defined in section 18-1.3-406, C.R.S., or which are sexual offenses under part 4 of article 3 of title 18, C.R.S.,
shall have the right to demand or receive a preliminary hearing; except that such
person shall participate in a dispositional hearing for the purposes of case
evaluation and potential resolution.

(II) Any defendant accused of a class 4, 5, or 6 felony or level 3 or level 4
drug felony who is not otherwise entitled to a preliminary hearing pursuant to
subparagraph (I) of this paragraph (b), may demand and shall receive a preliminary
hearing within a reasonable time pursuant to paragraph (a) of this subsection (1), if
the defendant is in custody for the offense for which the preliminary hearing is
requested; except that, upon motion of either party, the court shall vacate the
preliminary hearing if there is a reasonable showing that the defendant has been
released from custody prior to the preliminary hearing.

(III) The chief justice of the Colorado supreme court is encouraged to
promulgate rules defining the term dispositional hearing for purposes of this
subsection (1)(b), section 18-1-404 (2), and section 19-2.5-609 (2).

(2) If a person is accused of an unlawful sexual offense classified as a
felony, upon the request of any party to the proceeding, the court may exclude
from the preliminary hearing any member of the general public. In making a ruling
for exclusion, the court shall:

(a) Set forth sufficient findings of fact and conclusions of law to support the
order; and

(b) Make its order sufficiently narrow to protect the requesting party's
compelling interest considering any reasonable alternative to exclusion for the
entire hearing of all members of the general public.

(3) The court may exempt a victim's advocate from any order entered
pursuant to subsection (2) of this section. For the purposes of this section, victim's
advocate means any person whose regular or volunteer duties include the support
of an alleged victim of physical or sexual abuse or assault.

Legislative History

Source: L. 72: R&RE, p. 217, � 1. C.R.S. 1963: � 39-5-301. L. 73: p. 499, � 3. L. 87: Entire section amended, p. 603, � 2, effective July 1. L. 92: Entire section amended, p. 321, � 1, effective July 1. L. 98: (1) amended, p. 1272, � 1, effective July 1. L. 2000: (1)(b)(II) amended, p. 454, � 11, effective April 24. L. 2002: (1)(a) and (1)(b)(I) amended, p. 1490, � 133, effective October 1. L. 2013: (1)(a) and (1)(b)(II) amended, (SB 13-250), ch. 333, p. 1929, � 40, effective October 1. L. 2014: (1)(b)(I) amended, (SB 14-163), ch. 391, p. 1979, � 23, effective June 6. L. 2021: (1)(b)(III) amended, (SB 21-059), ch. 136, p. 712, � 21, effective October 1.