Colorado § 19-2.5-702 Incompetent to proceed - effect - how and when raised

Colorado Statutes

§ 19-2.5-702 — Incompetent to proceed - effect - how and when raised

Colorado § 19-2.5-702

Title 19Children's

Art.The Colorado Juvenile Justice System

This text of Colorado § 19-2.5-702 (Incompetent to proceed - effect - how and when raised) 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. § 19-2.5-702 (2026).

Text

(1)This part 7 applies only to proceedings brought pursuant to this title 19.

(2)A juvenile must not be tried or sentenced if the juvenile is incompetent to proceed, as defined in section 19-2.5-701.5, at that stage of the proceedings. Juveniles, like adults, are presumed competent to proceed, as defined in section 19-2.5-701.5, until such time as they are found incompetent to proceed through a decision by the court. A determination of competency must include an evaluation of intellectual and developmental disabilities, mental health disorders, and mental capacity. Age alone is not determinative of incompetence without a finding that the juvenile actually lacks the relevant capacities for competence.

(3)When a party specified in this subsection (3) has reason to believe that a

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(1) This
part 7 applies only to proceedings brought pursuant to this title 19.

(2) A juvenile must not be tried or sentenced if the juvenile is incompetent to
proceed, as defined in section 19-2.5-701.5, at that stage of the proceedings.
Juveniles, like adults, are presumed competent to proceed, as defined in section 19-2.5-701.5, until such time as they are found incompetent to proceed through a
decision by the court. A determination of competency must include an evaluation of
intellectual and developmental disabilities, mental health disorders, and mental
capacity. Age alone is not determinative of incompetence without a finding that the
juvenile actually lacks the relevant capacities for competence.

(3) When a party specified in this subsection (3) has reason to believe that a
juvenile is incompetent to proceed in a delinquency action, the party shall raise the
question of the juvenile's competency in the following manner:

(a) On its own motion, the court shall suspend the proceeding and determine
the competency or incompetency of the juvenile pursuant to section 19-2.5-703;

(b) By motion of the prosecution, probation officer, guardian ad litem, or
defense, made in advance of the commencement of the particular proceeding. The
motion may be filed after the commencement of the proceeding if, for good cause
shown, the juvenile's mental health was unknown or unapparent before the
commencement of the proceeding.

(c) By the juvenile's parent or legal guardian.

(4) If the issue of competency is raised at the time charges are filed or at any
time thereafter and the juvenile is not represented by counsel, the court may
immediately appoint counsel and may also appoint a guardian ad litem to ensure
the best interests of the juvenile are addressed in accordance with existing law.

Legislative History

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 610, � 2, effective October 1. L. 2023: (2) amended, (HB 23-1012), ch. 205, p. 1044, � 3, effective August 7.