Colorado § 16-8.5-109 Advisement on matters to be determined

Colorado Statutes

§ 16-8.5-109 — Advisement on matters to be determined

Colorado § 16-8.5-109

Title 16Criminal

Art.Competency to Proceed

This text of Colorado § 16-8.5-109 (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. § 16-8.5-109 (2026).

Text

(1)When a determination is to be made as to a defendant's competency to proceed, the court shall explain to the defendant the nature and consequences of the proceeding and the rights of the defendant under this section. The defendant, if the defendant wishes to contest the question, may request a competency hearing that the court shall grant as a matter of right.

(2)At a competency hearing, the defendant and the prosecuting attorney are entitled:

(a)To be present in person;

(b)To examine any reports of the competency evaluation or other matter to be considered by the court as bearing upon the determination;

(c)To introduce evidence, summon witnesses, cross-examine opposing witnesses or witnesses called by the court; and

(d)To make opening and closing statements and argum

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(1) When a
determination is to be made as to a defendant's competency to proceed, the court
shall explain to the defendant the nature and consequences of the proceeding and
the rights of the defendant under this section. The defendant, if the defendant
wishes to contest the question, may request a competency hearing that the court
shall grant as a matter of right.

(2) At a competency hearing, the defendant and the prosecuting attorney are
entitled:

(a) To be present in person;

(b) To examine any reports of the competency evaluation or other matter to
be considered by the court as bearing upon the determination;

(c) To introduce evidence, summon witnesses, cross-examine opposing
witnesses or witnesses called by the court; and

(d) To make opening and closing statements and arguments.

(3) The court may examine or cross-examine any witness called by the
defendant or prosecuting attorney at a competency hearing and may summon and
examine witnesses on the court's own motion.

Legislative History

Source: L. 2008: Entire article added, p. 1844, � 2, effective July 1. L. 2024: (1), (2)(b), and (3) amended, (HB 24-1034), ch. 372, p. 2506, � 7, effective June 4.