Colorado § 16-8.5-113 Restoration to competency

Colorado Statutes

§ 16-8.5-113 — Restoration to competency

Colorado § 16-8.5-113

Title 16Criminal

Art.Competency to Proceed

This text of Colorado § 16-8.5-113 (Restoration to competency) 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. § 16-8.5-113 (2026).

Text

(1)The court may order a restoration hearing at any time on its own motion, on motion of the prosecuting attorney, or on motion of the defendant; except that the court shall order a restoration hearing when required pursuant to section 16-8.5-111 (4)(a) or (4)(b).

(2)Within fourteen days after receipt of a report from the department or other court-approved competency evaluator certifying that the defendant is competent to proceed, either party may request a hearing or a second evaluation. The court shall determine whether to allow the second evaluation or proceed to a hearing on competency. If the second evaluation is requested by the court or by an indigent defendant, the evaluation must be paid for by the court.

(3)If a second evaluation is allowed, any pending requests for

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(1) The court may order a
restoration hearing at any time on its own motion, on motion of the prosecuting
attorney, or on motion of the defendant; except that the court shall order a
restoration hearing when required pursuant to section 16-8.5-111 (4)(a) or (4)(b).

(2) Within fourteen days after receipt of a report from the department or
other court-approved competency evaluator certifying that the defendant is
competent to proceed, either party may request a hearing or a second evaluation.
The court shall determine whether to allow the second evaluation or proceed to a
hearing on competency. If the second evaluation is requested by the court or by an
indigent defendant, the evaluation must be paid for by the court.

(3) If a second evaluation is allowed, any pending requests for a hearing
must be continued until receipt of the second evaluation report. The report of the
expert conducting the second evaluation report 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 after a finding of good
cause. The court shall provide the second evaluation to the parties and the
department.

(4) If neither party requests a hearing or second evaluation within the time
frame set forth in subsection (2) of this section, 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.

(5) If a party makes a timely request for a hearing, the hearing must 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.

(6) At the hearing, the party asserting that the defendant is competent has
the burden of proof by a preponderance of the evidence and the burden of
submitting evidence. At the hearing, the court shall determine whether the
defendant is restored to competency.

Legislative History

Source: L. 2008: Entire article added, p. 1846, � 2, effective July 1. L. 2012: (2), (3), and (5) amended, (SB 12-175), ch. 208, p. 852, � 81, effective July 1. L. 2019: (2) and (3) amended, (SB 19-223), ch. 227, p. 2283, � 6, effective July 1. L. 2024: (1), (2), (5), and (6) amended, (HB 24-1034), ch. 372, p. 2515, � 11, effective June 4. L. 2025: (2) and (3) amended, (SB 25-041), ch. 357, p. 1926, � 7, effective August 6.