Colorado § 16-8-120 Applicable tests for release

Colorado Statutes

§ 16-8-120 — Applicable tests for release

Colorado § 16-8-120

Title 16Criminal

Art.Insanity - Release

This text of Colorado § 16-8-120 (Applicable tests for release) 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. § 16-8-120 (2026).

Text

(1)As to any person charged with any crime allegedly committed on or after June 2, 1965, the test for determination of a defendant's sanity for release from commitment, or the defendant's eligibility for conditional release, is: That the defendant has no abnormal mental condition that would be likely to cause the defendant to be dangerous either to the defendant's self or to others or to the community in the reasonably foreseeable future.

(2)As to any person charged with any crime allegedly committed prior to June 2, 1965, the test for determination of a defendant's sanity for release from commitment, or the defendant's eligibility for conditional release, is the test provided by law at the time of the alleged crime to determine the sanity or insanity of the defendant.

(3)As

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(1) As to any person charged with
any crime allegedly committed on or after June 2, 1965, the test for determination
of a defendant's sanity for release from commitment, or the defendant's eligibility
for conditional release, is: That the defendant has no abnormal mental condition
that would be likely to cause the defendant to be dangerous either to the
defendant's self or to others or to the community in the reasonably foreseeable
future.

(2) As to any person charged with any crime allegedly committed prior to
June 2, 1965, the test for determination of a defendant's sanity for release from
commitment, or the defendant's eligibility for conditional release, is the test
provided by law at the time of the alleged crime to determine the sanity or insanity
of the defendant.

(3) As to any person charged with any crime allegedly committed on or after
July 1, 1983, the test for determination of a defendant's sanity for release from
commitment, or the defendant's eligibility for conditional release, is: That the
defendant has no abnormal mental condition that would be likely to cause the
defendant to be dangerous either to the defendant's self or others or to the
community in the reasonably foreseeable future, and is capable of distinguishing
right from wrong and has substantial capacity to conform the defendant's conduct
to requirements of law.

(4) As to any person charged with any crime allegedly committed on or after
July 1, 1983, but before July 1, 1995, resulting in commitment by reason of impaired
mental condition, the test for determination of a defendant's mental condition for
release from commitment, or a defendant's eligibility for conditional release, is:
That the defendant has no abnormal mental condition that would be likely to cause
the defendant to be dangerous either to the defendant's self or to others or to the
community in the reasonably foreseeable future.

Legislative History

Source: L. 72: R&RE, p. 232, � 1. C.R.S. 1963: � 39-8-120. L. 83: (3) added, p. 680, � 3, effective July 1; (4) added, p. 676, � 9, effective July 1. L. 95: (4) amended, p. 78, � 13, effective July 1. L. 2025: Entire section amended, (HB 25-1058), ch. 15, p. 57, � 23, effective August 6.