Colorado § 18-1.3-911 Evidentiary hearing

Colorado Statutes

§ 18-1.3-911 — Evidentiary hearing

Colorado § 18-1.3-911

Title 18Criminal

Art.Sentencing in Criminal Cases

This text of Colorado § 18-1.3-911 (Evidentiary hearing) 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. § 18-1.3-911 (2026).

Text

(1)(a) The court shall set a hearing date at least fourteen days and no more than twenty-eight days after service upon the defendant and his or her counsel of the reports required by sections 18-1.3-908 and 18-1.3-909.

(b)The court may, in its discretion, upon the motion of the defendant, continue the hearing an additional twenty-one days.

(2)(a) The court shall, upon motion of the district attorney or the defendant, subpoena all witnesses required by the moving party in accordance with the Colorado rules of criminal procedure.

(b)The district attorney shall serve upon the defendant and his or her counsel a list of all witnesses to be called by the district attorney at least fourteen days before the evidentiary hearing.

(3)In the evidentiary hearing, the court shall receiv

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(1) (a) The court shall set a hearing date at
least fourteen days and no more than twenty-eight days after service upon the
defendant and his or her counsel of the reports required by sections 18-1.3-908 and
18-1.3-909.

(b) The court may, in its discretion, upon the motion of the defendant,
continue the hearing an additional twenty-one days.

(2) (a) The court shall, upon motion of the district attorney or the defendant,
subpoena all witnesses required by the moving party in accordance with the
Colorado rules of criminal procedure.

(b) The district attorney shall serve upon the defendant and his or her
counsel a list of all witnesses to be called by the district attorney at least fourteen
days before the evidentiary hearing.

(3) In the evidentiary hearing, the court shall receive evidence bearing on the
issue of whether the defendant, if at large, constitutes a threat of bodily harm to
members of the public.

(4) In the evidentiary hearing, the following procedure shall govern:

(a) The district attorney may call and examine witnesses, and the defendant
shall be allowed to cross-examine those witnesses.

(b) The defendant may call and examine witnesses, and the district attorney
shall be allowed to cross-examine those witnesses.

(c) The defendant may call and cross-examine as adverse witnesses the
psychiatrists and probation officers who have filed reports pursuant to sections 18-1.3-908 and 18-1.3-909.

(5) The reports of the psychiatrists and probation officers filed with the court
pursuant to sections 18-1.3-908 and 18-1.3-909 may be received into evidence.

(6) Except as otherwise provided in this section, the laws of this state
concerning evidence in criminal trials shall govern in the evidentiary hearing.

Legislative History

Source: L. 2002: Entire article added with relocations, p. 1433, � 2, effective October 1. L. 2012: (1) and (2)(b) amended, (SB 12-175), ch. 208, p. 867, � 117, effective July 1.