Colorado § 16-8.5-108 Evidence

Colorado Statutes

§ 16-8.5-108 — Evidence

Colorado § 16-8.5-108

Title 16Criminal

Art.Competency to Proceed

This text of Colorado § 16-8.5-108 (Evidence) 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. § 16-8.5-108 (2026).

Text

(1)(a) Except as otherwise provided in this subsection

(1), evidence acquired directly or indirectly for the first time from a communication derived from the defendant's mental processes during the course of a competency evaluation or involuntary medication proceeding is not admissible against the defendant on the issues raised by a plea of not guilty, or, if the offense occurred before July 1, 1995, a plea of not guilty by reason of impaired mental condition. Such evidence may be admissible at trial to rebut evidence introduced by the defendant of the defendant's mental condition to show incapacity of the defendant to form a culpable mental state; and, in such case, the evidence may only be considered by the trier of fact as bearing upon the question of capacity to form a culpab

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(1) (a) Except as otherwise provided in this subsection
(1), evidence acquired directly or indirectly for the first time from a communication
derived from the defendant's mental processes during the course of a competency
evaluation or involuntary medication proceeding is not admissible against the
defendant on the issues raised by a plea of not guilty, or, if the offense occurred
before July 1, 1995, a plea of not guilty by reason of impaired mental condition. Such
evidence may be admissible at trial to rebut evidence introduced by the defendant
of the defendant's mental condition to show incapacity of the defendant to form a
culpable mental state; and, in such case, the evidence may only be considered by
the trier of fact as bearing upon the question of capacity to form a culpable mental
state, and the jury shall be so instructed at the request of either party.

(b) Evidence acquired directly or indirectly for the first time from a
communication derived from the defendant's mental processes during the course of
a competency evaluation or involuntary medication proceeding is admissible at any
sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged
prior to July 1, 2020, or pursuant to section 18-1.3-1302 for an offense charged prior
to July 1, 2020, or pursuant to section 18-1.4-102 only to prove the existence or
absence of any mitigating factor.

(c) If the defendant testifies on the defendant's own behalf upon the trial of
the issues raised by the plea of not guilty or, for offenses that occurred before July
1, 1995, a plea of not guilty by reason of impaired mental condition, or at a
sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged
prior to July 1, 2020, or pursuant to section 18-1.3-1302 for an offense charged prior
to July 1, 2020, or pursuant to section 18-1.4-102, this section does not bar any
evidence used to impeach or rebut the defendant's testimony.

(2) In any hearing concerning competency to proceed or restoration to
competency, competency evaluators and other experts may testify as to the
conclusions reached from their examination of hospital records, laboratory reports,
X rays, electroencephalograms, and psychological test results if the material that
the evaluators or experts examined in reaching their conclusions is produced at the
time of the hearing. Nothing in this section prevents the parties from obtaining the
information authorized by section 16-8.5-104 prior to the hearing.

Legislative History

Source: L. 2008: Entire article added, p. 1843, � 2, effective July 1. L. 2009: (1)(a) and (1)(b) amended, (HB 09-1253), ch. 128, p. 550, � 1, effective August 5. L. 2020: (1)(b) and (1)(c) amended, (SB 20-100), ch. 61, p. 208, � 7, effective March 23. L. 2024: (1)(c) and (2) amended, (HB 24-1034), ch. 372, p. 2506, � 6, effective June 4.