Colorado § 16-8.5-103 Determination of competency to proceed

Colorado Statutes

§ 16-8.5-103 — Determination of competency to proceed

Colorado § 16-8.5-103

Title 16Criminal

Art.Competency to Proceed

This text of Colorado § 16-8.5-103 (Determination of competency to proceed) 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. § 16-8.5-103 (2026).

Text

(1)(a) Whenever the question of a defendant's competency to proceed is raised, by either party or on the court's own motion, the court may make a preliminary finding of competency or incompetency to proceed, which is a final determination unless a party to the case objects within seven days after the court's preliminary finding.

(b)On or before the date when a court orders that a defendant be evaluated for competency, a bridges court liaison for the district hired or contracted pursuant to article 95 of title 13 may be assigned to the defendant.

(2)If either party objects to the court's preliminary finding, or if the court determines that it has insufficient information to make a preliminary finding, the court shall order that the defendant be evaluated for competency by the

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(1) (a) Whenever the
question of a defendant's competency to proceed is raised, by either party or on the
court's own motion, the court may make a preliminary finding of competency or
incompetency to proceed, which is a final determination unless a party to the case
objects within seven days after the court's preliminary finding.

(b) On or before the date when a court orders that a defendant be evaluated
for competency, a bridges court liaison for the district hired or contracted pursuant
to article 95 of title 13 may be assigned to the defendant.

(2) If either party objects to the court's preliminary finding, or if the court
determines that it has insufficient information to make a preliminary finding, the
court shall order that the defendant be evaluated for competency by the
department and that the department prepare a court-ordered report.

(3) Within fourteen days after receipt of the court-ordered report, either
party may request a hearing or a second evaluation.

(4) If a party requests a second evaluation, any pending requests for a
hearing must be continued until the receipt of the second evaluation report. The
report of the expert conducting the second evaluation must be completed and filed
with the court within thirty-five days after the court order allowing the second
evaluation, unless the time period is extended by the court for good cause. The
court shall provide the second evaluation to the parties and the department. The
department shall use the second evaluation to ensure that the department
complies with its responsibilities, including reviewing and summarizing prior
competency opinions as required by section 16-8.5-105 (5)(f). If the second
evaluation is requested by the court, it must be paid for by the court.

(5) If neither party requests a hearing or a second evaluation within the
applicable time frame, the court shall enter a final determination, based on the
information then available to the court, whether the defendant is or is not
competent to proceed.

(6) If a party makes a timely request for a hearing, the hearing shall be held
within thirty-five days after the request for a hearing or, if applicable, within thirty-five days after the filing of the second evaluation report, unless the time is
extended by the court after a finding of good cause.

(7) At any hearing held pursuant to this section, the party asserting the
incompetency of the defendant shall have the burden of submitting evidence and
the burden of proof by a preponderance of the evidence.

(8) If the question of the defendant's incompetency to proceed is raised after
a jury is impaneled to try the issues raised by a plea of not guilty and the court
determines that the defendant is incompetent to proceed or orders a court-ordered
competency evaluation, the court may declare a mistrial. Declaration of a mistrial
under these circumstances does not constitute jeopardy, nor does it prohibit the
trial or sentencing of the defendant for the same offense after the defendant has
been found restored to competency.

(9) In all proceedings under this article 8.5, when competency has been
raised by the parole board pursuant to section 16-8.5-102 (2)(d), the court shall pay
for any evaluation to determine competency pursuant to this section, and the
evaluation must be conducted at the place where the defendant is in custody.

Legislative History

Source: L. 2008: Entire article added, p. 1840, � 2, effective July 1. L. 2012: (1), (3), (4), and (6) amended, (SB 12-175), ch. 208, p. 852, � 80, effective July 1. L. 2018: (9) added, (HB 18-1109), ch. 139, p. 914, � 5, effective April 23. L. 2019: (1), (3), (4), and (8) amended, (SB 19-223), ch. 227, p. 2276, � 3, effective July 1. L. 2020: (8) amended, (SB 20-100), ch. 61, p. 207, � 6, effective March 23. L. 2022: (4) amended, (HB 22-1386), ch. 317, p. 2255, � 1, effective July 1. L. 2023: (1)(b) amended, (SB 23-229), ch. 119, p. 442, � 4, effective April 27. L. 2024: (1)(b) and (8) amended, (HB 24-1034), ch. 372, p. 2501, � 2, effective June 4. L. 2025: (3) and (4) amended, (SB 25-041), ch. 357, p. 1922, � 3, effective August 6.