Colorado § 16-8.5-104 Waiver of privilege

Colorado Statutes

§ 16-8.5-104 — Waiver of privilege

Colorado § 16-8.5-104

Title 16Criminal

Art.Competency to Proceed

This text of Colorado § 16-8.5-104 (Waiver of privilege) 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. § 16-8.5-104 (2026).

Text

(1)When a defendant raises the issue of competency to proceed, or when the court determines that the defendant is incompetent to proceed, any claim by the defendant to confidentiality or privilege is deemed waived in the case in which competency is raised and for records or information from any prior criminal case in which the defendant raised the issue of competency or in which the court determined that the defendant was incompetent to proceed. The district attorney, the defense attorney, the bridges court liaison, and the court are granted access, without written consent of the defendant or further order of the court, to:

(a)Reports of competency evaluations, including second evaluations;

(b)Information and documents relating to the competency evaluation that are created by

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(1) When a defendant raises the issue of
competency to proceed, or when the court determines that the defendant is
incompetent to proceed, any claim by the defendant to confidentiality or privilege is
deemed waived in the case in which competency is raised and for records or
information from any prior criminal case in which the defendant raised the issue of
competency or in which the court determined that the defendant was incompetent
to proceed. The district attorney, the defense attorney, the bridges court liaison,
and the court are granted access, without written consent of the defendant or
further order of the court, to:

(a) Reports of competency evaluations, including second evaluations;

(b) Information and documents relating to the competency evaluation that
are created by, obtained by, reviewed by, or relied on by an evaluator performing a
court-ordered evaluation; and

(c) The evaluator, for the purpose of discussing the competency evaluation.

(2) Upon a request by either party or the court for the information described
in subsection (1) of this section, the evaluator or treatment provider shall provide
the information for use in preparing for a hearing on competency or restoration and
for use during such a hearing.

(3) An evaluator or a facility providing competency evaluation or restoration
treatment services pursuant to a court order issued pursuant to this article 8.5 shall
provide procedural information to the court, bridges court liaison, district attorney,
or defense counsel, concerning the defendant's location, the defendant's hospital
or facility admission status, the status of evaluation procedures, and other
procedural information relevant to the case.

(4) Nothing in this section limits the court's ability to order that information
in addition to the information described in subsections (1) and (3) of this section be
provided to the evaluator, or to either party to the case, nor does it limit the
information that is available after the written consent of the defendant.

(4.5) The court may, upon the request of either party, issue an order to assist
a party in accessing, receiving copies of, or discussing with an evaluator or
treatment provider information or records that the party has the right to access
pursuant to the defendant's waiver of privilege. If a party requests such an order,
the court shall allow the opposing party to make any legal objection, including
whether the requested information is within the scope of the defendant's waiver of
privilege, and consider any requests for protective orders prior to issuing the court
order. This section does not limit the court's ability to order information be provided
to a party with the written consent of the defendant.

(5) The court shall order both the prosecutor and the defendant or the
defendant's counsel to exchange the names, addresses, reports, and statements of
each physician or psychologist who has examined or treated the defendant for
competency.

(6) Statements made by the defendant in the course of any evaluation must
be protected in accordance with section 16-8.5-108.

Legislative History

Source: L. 2008: Entire article added, p. 1841, � 2, effective July 1. L. 2024: IP(1), (3), (4), and (6) amended and (4.5) added, (HB 24-1034), ch. 372, p. 2501, � 3, effective June 4.