§ 16-8.5-112 — Venue for collateral hearings

Colorado § 16-8.5-112

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Competency to Proceed

Text

(1) If a defendant committed to
the custody of the department for evaluation or for restoration treatment meets the
constitutional requirements for the administration of involuntary medication, the
defendant's treating physician may petition the court for an order requiring that the
defendant accept the treatment or, alternatively, that the medication be forcibly
administered to the defendant. The department shall, prior to the hearing on the
petition, deliver a copy of the petition to the court that committed the defendant to
the custody of the department, the prosecuting attorney, and the defendant's legal
representation in the criminal case, if such representation exists, and to the
defendant directly if the defendant does not have legal representation. A physician
shall assess and document the defendant's mental status prior to the
administration of medication.

(2) A petition for involuntary treatment must be heard in the court of the
jurisdiction where the defendant is located. The department shall promptly deliver
a copy of the order granting or denying the petition to the court that committed the
defendant to the custody of the department, the prosecuting attorney, and the
defendant's legal representation in the criminal case, if such representation exists,
and to the defendant directly if the defendant does not have legal representation.

(3) If the committing court elects to transfer venue for medication hearings
to the court of the jurisdiction where the defendant is located, the committing
county shall reimburse the county where the proceeding is heard for the reasonable
costs incurred in conducting the proceeding. Alternatively, the district attorney for
the committing county, or in any county or any city and county having a population
exceeding fifty thousand people, the county attorney for the committing county,
may prosecute the proceeding as the proponent of the physician's petition.

(4) If a defendant committed to the custody of the department for evaluation
or for restoration treatment is ordered by a court to accept treatment as set forth in
subsection (1) of this section and is subsequently returned to jail for pending court
proceedings, the county jail may require the defendant to continue to receive the
same court-ordered treatment that was administered by the department before the
defendant was discharged from inpatient care, or, alternatively, appropriate
medical personnel provided by the jail may forcibly administer such court-ordered
medication to the defendant.

Legislative History

Source: L. 2008: Entire article added, p. 1846, � 2, effective July 1. L. 2009: (1) and (2) amended and (4) added, (HB 09-1253), ch. 128, p. 550, � 2, effective August 5. L. 2024: (1), (2), and (3) amended, (HB 24-1034), ch. 372, p. 2514, � 10, effective June 4.