Colorado § 18-1.3-1402 Mental competency to be executed - presumptions

Colorado Statutes

§ 18-1.3-1402 — Mental competency to be executed - presumptions

Colorado § 18-1.3-1402

Title 18Criminal

Art.Sentencing in Criminal Cases

This text of Colorado § 18-1.3-1402 (Mental competency to be executed - presumptions) 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. § 18-1.3-1402 (2026).

Text

(1)A person who is sentenced to death shall not be executed so long as the person is mentally incompetent to be executed.

(2)Any convicted person who is sentenced to death is presumed mentally competent to be executed. A convicted person may be found mentally incompetent to be executed only on clear and convincing evidence of such condition. The party asserting that the convicted person is mentally incompetent to be executed bears the burden of proof regarding such condition and the burden of producing evidence of such condition.

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(1) A
person who is sentenced to death shall not be executed so long as the person is
mentally incompetent to be executed.

(2) Any convicted person who is sentenced to death is presumed mentally
competent to be executed. A convicted person may be found mentally incompetent
to be executed only on clear and convincing evidence of such condition. The party
asserting that the convicted person is mentally incompetent to be executed bears
the burden of proof regarding such condition and the burden of producing evidence
of such condition.