Colorado § 16-8-117 Advisement on matters to be determined

Colorado Statutes

§ 16-8-117 — Advisement on matters to be determined

Colorado § 16-8-117

Title 16Criminal

Art.Insanity - Release

This text of Colorado § 16-8-117 (Advisement on matters to be determined) 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. § 16-8-117 (2026).

Text

When a determination is
to be made as to a defendant's eligibility for release, the court shall explain to the
defendant the nature and consequences of the proceeding and the rights of the
defendant pursuant to this section, including the defendant's right to a jury trial
upon the question of eligibility for release. The defendant, if the defendant wishes
to contest the question, may request a hearing that must be granted as a matter of
right. At the hearing, the defendant and the prosecuting attorney are entitled to be
present in person, to examine any reports of examination or other matter to be
considered by the court as bearing upon the determination, to introduce evidence,
summon witnesses, cross-examine witnesses for the other side or the court, and to
make opening and clos

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When a determination is
to be made as to a defendant's eligibility for release, the court shall explain to the
defendant the nature and consequences of the proceeding and the rights of the
defendant pursuant to this section, including the defendant's right to a jury trial
upon the question of eligibility for release. The defendant, if the defendant wishes
to contest the question, may request a hearing that must be granted as a matter of
right. At the hearing, the defendant and the prosecuting attorney are entitled to be
present in person, to examine any reports of examination or other matter to be
considered by the court as bearing upon the determination, to introduce evidence,
summon witnesses, cross-examine witnesses for the other side or the court, and to
make opening and closing statements and argument. The court may examine or
cross-examine any witness called by the defendant or prosecuting attorney and
may summon and examine witnesses on its own motion.

Legislative History

Source: L. 72: R&RE, p. 232, � 1. C.R.S. 1963: � 39-8-117. L. 2008: Entire section amended, p. 1858, � 13, effective July 1. L. 2025: Entire section amended, (HB 25-1058), ch. 15, p. 56, � 20, effective August 6.