Colorado § 19-2.5-705 Restoration to competency hearing

Colorado Statutes

§ 19-2.5-705 — Restoration to competency hearing

Colorado § 19-2.5-705

Title 19Children's

Art.The Colorado Juvenile Justice System

This text of Colorado § 19-2.5-705 (Restoration to competency 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. § 19-2.5-705 (2026).

Text

(1)The court may order a restoration to competency hearing, as defined in section 19-2.5-701.5, at any time on its own motion, on motion of the prosecuting attorney, or on motion of the juvenile. The court shall order a restoration of competency hearing if a competency evaluator with the qualifications described in section 19-2.5-703 (4)(b) files a report certifying that the juvenile is competent to proceed.

(2)At the hearing, if the question is contested, the burden of submitting evidence and the burden of proof by a preponderance of the evidence is on the party asserting that the juvenile is competent.

(3)At the restoration to competency hearing, the court shall determine whether the juvenile has achieved or is restored to competency.

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(1) The court may order a
restoration to competency hearing, as defined in section 19-2.5-701.5, at any time
on its own motion, on motion of the prosecuting attorney, or on motion of the
juvenile. The court shall order a restoration of competency hearing if a competency
evaluator with the qualifications described in section 19-2.5-703 (4)(b) files a report
certifying that the juvenile is competent to proceed.

(2) At the hearing, if the question is contested, the burden of submitting
evidence and the burden of proof by a preponderance of the evidence is on the
party asserting that the juvenile is competent.

(3) At the restoration to competency hearing, the court shall determine
whether the juvenile has achieved or is restored to competency.

Legislative History

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 613, � 2, effective October 1. L. 2023: (1) amended, (HB 23-1012), ch. 205, p. 1049, � 7, effective August 7.