Colorado § 16-8-105 Procedure after plea for offenses committed before July 1, 1995

Colorado Statutes

§ 16-8-105 — Procedure after plea for offenses committed before July 1, 1995

Colorado § 16-8-105

Title 16Criminal

Art.Insanity - Release

This text of Colorado § 16-8-105 (Procedure after plea for offenses committed before July 1, 1995) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 16-8-105 (2026).

Text

(1)When a plea of not guilty by reason of insanity is accepted, the court shall forthwith order the defendant to undergo a sanity examination, specifying the place where the examination must be conducted.

(2)Upon receiving the report of the sanity examination, the court shall immediately set the case for trial to a jury on the issue raised by the plea of not guilty by reason of insanity. In all cases except class 1, class 2, and class 3 felonies, the defendant may waive jury trial by an express written instrument or announcement in open court appearing of record. If the court and the district attorney consent, jury trial may be waived in a class 1, class 2, or class 3 felony case. Every person is presumed to be sane; but, once any evidence of insanity is introduced, the people

Free access — add to your briefcase to read the full text and ask questions with AI

(1) When a plea of not guilty by reason of insanity is accepted, the court shall
forthwith order the defendant to undergo a sanity examination, specifying the place
where the examination must be conducted.

(2) Upon receiving the report of the sanity examination, the court shall
immediately set the case for trial to a jury on the issue raised by the plea of not
guilty by reason of insanity. In all cases except class 1, class 2, and class 3 felonies,
the defendant may waive jury trial by an express written instrument or
announcement in open court appearing of record. If the court and the district
attorney consent, jury trial may be waived in a class 1, class 2, or class 3 felony
case. Every person is presumed to be sane; but, once any evidence of insanity is
introduced, the people have the burden of proving sanity beyond a reasonable
doubt.

(3) If the trier of fact finds the defendant was sane at the time of commission
of the offense, the court, unless it has reason to believe that the defendant is
incompetent to proceed or the question is otherwise raised as provided in section
16-8.5-102, shall immediately set the case for trial on the issues raised by the plea
of not guilty. If the question of whether the defendant is incompetent to proceed is
raised, the court shall follow the procedure set forth in section 16-8.5-103.

(4) If the trier of fact finds the defendant not guilty by reason of insanity, the
court shall commit the defendant to the custody of the department of human
services until such time as the defendant is found eligible for release. The
executive director of the department of human services shall designate the state
facility at which the defendant shall be held for care and psychiatric treatment and
may transfer the defendant from one institution to another if, in the opinion of the
executive director, it is desirable to do so in the interest of the defendant's proper
care, custody, and treatment or the protection of the public or the personnel of the
facilities in question.

(5) This section applies to offenses committed before July 1, 1995.

Legislative History

Source: L. 72: R&RE, p. 226, � 1. C.R.S. 1963: � 39-8-105. L. 75: (2) amended, p. 613, � 1, effective July 1. L. 94: (4) amended, p. 2648, � 118, effective July 1. L. 96: (5) added, p. 5, � 2, effective January 31. L. 2008: (3) amended, p. 1851, � 5, effective July 1. L. 2025: (1), (4), and (5) amended, (HB 25-1058), ch. 15, p. 44, � 10, effective August 6.