§ 16-8-102 — Definitions

As used in this article 8, unless the context otherwise
requires:

(1) Diseased or defective in mind does not refer to an abnormality
manifested only by repeated criminal or otherwise antisocial conduct. Evidence of
knowledge or awareness of the victim's actual or perceived gender, gender identity,
gender expression, or sexual orientation does not constitute an inability to
distinguish right from wrong.

(2) Forensic psychologist means a licensed psychologist who is board
certified in forensic psychology by the American board of professional psychology
or who has completed a fellowship in forensic psychology meeting criteria
established by the American board of forensic psychology.

(3) Gender identity and gender expression have the same meaning as set
forth in section 18-1-901.

(4) (a) Impaired mental condition means a condition of mind, caused by
mental disease or defect that prevents the person from forming the culpable
mental state that is an essential element of any crime charged.

(b) This subsection (4) applies to offenses committed before July 1, 1995.

(5) Ineligible for release means the defendant is suffering from a mental
disease or defect that is likely to cause the defendant to be dangerous to the
defendant's self, to others, or to the community, in the reasonably foreseeable
future, if the defendant is permitted to remain at liberty.

(6) Ineligible to remain on conditional release means the defendant has
violated one or more conditions in the defendant's release, or the defendant is
suffering from a mental disease or defect that is likely to cause the defendant to be
dangerous to the defendant's self, to others, or to the community in the reasonably
foreseeable future, if the defendant is permitted to remain on conditional release.

(7) Mental disease or defect means only those severely abnormal mental
conditions that grossly and demonstrably impair a person's perception or
understanding of reality and that are not attributable to the voluntary ingestion of
alcohol or any other psychoactive substance; except that it does not include an
abnormality manifested only by repeated criminal or otherwise antisocial conduct.

(8) Release examination means a court-ordered examination of a
defendant directed to developing evidence relevant to determining whether the
defendant is eligible for release.

(9) Release hearing means a hearing for the purpose of determining
whether a defendant previously committed to the department of human services,
following a verdict of not guilty by reason of insanity, has become eligible for
release.

(10) Sanity examination means a court-ordered examination of a defendant
who has entered a plea of not guilty by reason of insanity, directed to developing
information relevant to determining the sanity or insanity of the defendant at the
time of the commission of the act with which the defendant is charged and the
defendant's competency to proceed.

(11) Sexual orientation has the same meaning as set forth in section 18-9-121.

Legislative History

Source: L. 72: R&RE, p. 225, � 1. C.R.S. 1963: � 39-8-102. L. 81: (4.5) added, p. 932, � 1, effective July 1. L. 83: (2.7) added, p. 672, � 2, effective July 1. L. 94: (6) amended, p. 2647, � 116, effective July 1. L. 95: (2.7) amended and (4.7) added, p. 72, � 3, effective July 1. L. 2008: (1), (2), (3), and (7) repealed, p. 1850, � 3, effective July 1. L. 2013: (2.5) added, (SB 13-116), ch. 115, p. 393, � 1, effective August 7. L. 2025: Entire section amended, (HB 25-1058), ch. 15, p. 39, � 3, effective August 6.