Colorado § 16-8-116 Release by department of human services authority

Colorado Statutes

§ 16-8-116 — Release by department of human services authority

Colorado·Title 16 Criminal·Art. Insanity - Release

(1)After a finding of not guilty by reason of insanity, when the chief officer of the hospital where a defendant has been committed, or the chief officer's designee, or the director of forensic services in the department of human services, or the director's designee, who has been supervising the defendant's conditional release determines that the defendant no longer requires hospitalization or supervision because the defendant no longer suffers from a mental disease or defect that is likely to cause the defendant to be a danger to the defendant's self, to others, or to the community in the reasonably foreseeable future, the chief officer or the chief officer's designee, or the director or the director's designee, shall report the determination to the court that committed the def

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(1) After a
finding of not guilty by reason of insanity, when the chief officer of the hospital
where a defendant has been committed, or the chief officer's designee, or the
director of forensic services in the department of human services, or the director's
designee, who has been supervising the defendant's conditional release determines
that the defendant no longer requires hospitalization or supervision because the
defendant no longer suffers from a mental disease or defect that is likely to cause
the defendant to be a danger to the defendant's self, to others, or to the community
in the reasonably foreseeable future, the chief officer or the chief officer's
designee, or the director or the director's designee, shall report the determination
to the court that committed the defendant and the prosecuting attorney, including
in the report a report of examination equivalent to a release examination. The clerk
of the court shall forthwith furnish a copy of the report to counsel for the
defendant.

(2) Within thirty-five days after receiving the report of the chief officer or the
chief officer's designee, or the director or the director's designee, the court shall
set a hearing on the discharge of the defendant in accordance with section 16-8-115, whether or not the report is contested.

(3) Repealed.

Colorado § 16-8-116 (Release by department of human services authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 72: R&RE, p. 231, � 1. C.R.S. 1963: � 39-8-116. L. 83: (1) and (2) amended and (3) repealed, pp. 680, 681, �� 2, 5, effective July 1. L. 86: (1) amended, p. 733, � 1, effective July 1. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 851, � 78, effective July 1. L. 2025: Entire section amended, (HB 25-1058), ch. 15, p. 55, � 19, effective August 6.