§ 18-1.3-1104 — Evaluation and report

Colorado § 18-1.3-1104

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Sentencing in Criminal Cases

Text

(1) When the defendant files a motion
alleging that the defendant is a mentally retarded defendant or a defendant with an
intellectual and developmental disability, the court shall order one or more
evaluations of the defendant with regard to such motion.

(2) In ordering an evaluation of the defendant pursuant to subsection (1) of
this section, the court shall specify the place where the evaluation is to be
conducted and the period of time allocated for the evaluation. In determining the
place where the evaluation is to be conducted, the court shall give priority to the
place where the defendant is in custody, unless the nature and circumstances of
the evaluation requires designation of a different location. The court shall direct
one or more psychologists who are recommended by the executive director of the
department of health care policy and financing pursuant to section 25.5-10-239,
C.R.S., or his or her designee, to evaluate the defendant. For good cause shown,
upon motion of the prosecution or the defendant or upon the court's own motion,
the court may order such further or other evaluation as it deems necessary. Nothing
in this section shall abridge the right of the defendant to procure an evaluation as
provided in section 18-1.3-1105.

(3) The defendant has a privilege against self-incrimination that may be
invoked prior to or during the course of an evaluation pursuant to this section. A
defendant's failure to cooperate with the evaluators or other personnel conducting
the evaluation may be admissible in the defendant's hearing concerning mental
retardation or the presence of an intellectual and developmental disability.

(4) To aid in the formation of an opinion as to mental retardation or the
presence of an intellectual and developmental disability, it is permissible in the
course of an evaluation conducted pursuant to this section to use statements made
by the defendant and any other evidence, including but not limited to the
circumstances surrounding the commission of the offense as well as the
defendant's medical and social history, in evaluating the defendant.

(5) A written report of the evaluation shall be prepared in triplicate and
delivered to the appropriate clerk of the court. The clerk shall furnish a copy of the
report to both the prosecuting attorney and the counsel for the defendant.

(6) The report of evaluation must include, but is not limited to:

(a) The name of each expert who evaluated the defendant;

(b) A description of the nature, content, extent, and results of the evaluation
and any tests conducted; and

(c) Diagnosis and an opinion as to whether the defendant is mentally
retarded or has an intellectual and developmental disability.

(7) Nothing in this section shall be construed to preclude the application of
section 16-8-109, C.R.S.

Legislative History

Source: L. 2002: Entire article added with relocations, p. 1445, � 2, effective October 1. L. 2013: (2) amended, (HB 13-1314), ch. 323, p. 1804, � 29, effective March 1, 2014. L. 2018: (1), (3), (4), IP(6), and (6)(c) amended, (SB 18-096), ch. 44, p. 470, � 5, effective August 8.