Colorado § 19-2.5-701.5 Definitions

Colorado Statutes

§ 19-2.5-701.5 — Definitions

Colorado § 19-2.5-701.5

Title 19Children's

Art.The Colorado Juvenile Justice System

This text of Colorado § 19-2.5-701.5 (Definitions) 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. § 19-2.5-701.5 (2026).

Text

As used in this part 7, unless the context otherwise requires:

(1)Competency evaluation means a court-ordered evaluation performed by the department, or a second evaluation conducted pursuant to section 19-2.5-707, conducted by a competency evaluator that meets the requirements described in section 19-2.5-703 (4).

(2)Competency evaluator means an individual with the qualifications described in section 19-2.5-703 (4)(b).

(3)Competency hearing means an initial hearing to determine whether a juvenile is competent to proceed.

(4)Competent to proceed means that a juvenile has the sufficient present ability to consult with the juvenile's attorney, with a reasonable degree of rational understanding, to assist the attorney in the juvenile's defense, and that the juvenile has a rat

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As used in this part 7, unless the context
otherwise requires:

(1) Competency evaluation means a court-ordered evaluation performed by
the department, or a second evaluation conducted pursuant to section 19-2.5-707,
conducted by a competency evaluator that meets the requirements described in
section 19-2.5-703 (4).

(2) Competency evaluator means an individual with the qualifications
described in section 19-2.5-703 (4)(b).

(3) Competency hearing means an initial hearing to determine whether a
juvenile is competent to proceed.

(4) Competent to proceed means that a juvenile has the sufficient present
ability to consult with the juvenile's attorney, with a reasonable degree of rational
understanding, to assist the attorney in the juvenile's defense, and that the juvenile
has a rational as well as factual understanding of the proceedings.

(5) Incompetent to proceed means that, based on an intellectual or
developmental disability, mental health disorder, or lack of mental capacity, a
juvenile does not have sufficient present ability to consult with the juvenile's
attorney with a reasonable degree of rational understanding in order to assist the
attorney in the juvenile's defense or that the juvenile does not have a rational as
well as a factual understanding of the proceedings.

(6) Restoration evaluation means a court-ordered evaluation performed by
the department, or a second evaluation conducted pursuant to section 19-2.5-707,
conducted by a competency evaluator to determine if the juvenile has become
competent to proceed or will be able to be restored to competency in the
reasonably foreseeable future.

(7) Restoration progress review hearing means a hearing in which the
juvenile's progress in restoration to competency education and other applicable
services is reviewed, based on restoration education, treatment records, and any
prior competency evaluation reports.

(8) Restoration to competency hearing means a hearing to determine
whether a juvenile who has previously been determined to be incompetent to
proceed is now competent to proceed.

(9) Second evaluation means an evaluation in response to a court-ordered
competency evaluation or court-ordered restoration evaluation requested by the
juvenile that is performed by a competency evaluator and that is not performed by,
under the direction of, or paid for by the department.

Legislative History

Source: L. 2023: Entire section added, (HB 23-1012), ch. 205, p. 1043 � 2, effective August 7. L. 2025: (1) and (6) amended, (SB 25-041), ch. 357, p. 1929, � 13, effective August 8.