reglab/housing_qa huggingface dataset:
CO Code § 18-1.3-1102 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 11 - Special Proceedings - Pretrial Motions in Class 1 Felony Cases Alleging That a Defendant Is a Mentally Retarded Defendant|§ 18-1.3-1102. Pretrial Motion by Defendant in Class 1 Felony Case - Determination Whether Defendant Is Mentally Retarded or Has an Intellectual and Developmental Disability - Procedure

  Any defendant may file a motion with the trial court in which the defendant may allege that such defendant is a mentally retarded defendant or a defendant with an intellectual and developmental disability. The motion must be filed at least ninety-one days prior to trial.    The court shall hold a hearing upon any motion filed pursuant to subsection (1) of this section and shall make a determination regarding the motion no later than fourteen days prior to trial. At such hearing, the defendant must be permitted to present evidence with regard to the motion and the prosecution must be permitted to offer evidence in rebuttal. The defendant has the burden of proof to show by clear and convincing evidence that he or she is mentally retarded or has an intellectual and developmental disability.    The court shall enter specific findings of fact and conclusions of law regarding whether or not the defendant is a mentally retarded defendant or a defendant with an intellectual and developmental disability, as defined in section 18-1.3-1101.     History. Source: L. 2002: Entire article added with relocations, p. 1444, § 2, effective October 1. L. 2012: (1) and (2) amended,(SB 12-175), ch. 208, p. 868, § 119, effective July 1. L. 2018: Entire section amended,(SB 18-096), ch. 44, p. 469, § 3, effective August 8.    Editor's note:   This section is similar to former § 16-9-402 as it existed prior to 2002.   Cross references:   For the legislative declaration in SB 18-096, see section 1 of chapter 44, Session Laws of Colorado 2018.   ANNOTATION   The allocation by this section of the burden of proof to the defendant is constitutionally permissible. People v. Vasquez, 84 P.3d 1019 (Colo. 2004).   The clear and convincing standard of proof placed upon the defendant by this section is constitutionally adequate. People v. Vasquez, 84 P.3d 1019 (Colo. 2004).
CO Code § 18-1.3-1103 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 11 - Special Proceedings - Pretrial Motions in Class 1 Felony Cases Alleging That a Defendant Is a Mentally Retarded Defendant|§ 18-1.3-1103. Mentally Retarded Defendant or Defendant With an Intellectual and Developmental Disability - Death Penalty Not Imposed

 A sentence of death shall not be imposed upon any defendant who is determined to be a mentally retarded defendant or a defendant with an intellectual and developmental disability pursuant to section 18-1.3-1102 . If any person who is determined to be a mentally retarded defendant or a defendant with an intellectual and developmental disability is found guilty of a class 1 felony, such defendant shall be sentenced to life imprisonment.   History. Source: L. 2002: Entire article added with relocations, p. 1444, § 2, effective October 1. L. 2018: Entire section amended,(SB 18-096), ch. 44, p. 470, § 4, effective August 8.    Editor's note:   This section is similar to former § 16-9-403 as it existed prior to 2002.   Cross references:   For the legislative declaration in SB 18-096, see section 1 of chapter 44, Session Laws of Colorado 2018.
CO Code § 18-1.3-1105 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 11 - Special Proceedings - Pretrial Motions in Class 1 Felony Cases Alleging That a Defendant Is a Mentally Retarded Defendant|§ 18-1.3-1105. Evaluation at Insistence of Defendant

  If the defendant wishes to be evaluated by an expert of the defendant's choice in mental retardation or intellectual and developmental disabilities in connection with the mental retardation or intellectual and developmental disability hearing pursuant to this part 11, the court, upon timely motion, shall order that the evaluator chosen by the defendant be given reasonable opportunity to conduct the evaluation.    Whenever an expert is endorsed as a witness by the defendant, a copy of any report of an evaluation of the defendant shall be furnished to the prosecution within a reasonable time but not less than thirty-five days prior to the mental retardation or intellectual and developmental disability hearing.     History. Source: L. 2002: Entire article added with relocations, p. 1445, § 2, effective October 1. L. 2012: (2) amended,(SB 12-175), ch. 208, p. 868, § 120, effective July 1. L. 2018: Entire section amended,(SB 18-096), ch. 44, p. 471, § 6, effective August 8.    Editor's note:   This section is similar to former § 16-9-405 as it existed prior to 2002.   Cross references:   For the legislative declaration in SB 18-096, see section 1 of chapter 44, Session Laws of Colorado 2018.
CO Code § 18-1.3-1202 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 12 - Special Proceedings - Sentencing in Class 1 Felonies|§ 18-1.3-1202. Death Penalty Inflicted by Lethal Injection

 The manner of inflicting the punishment of death shall be by the administration of a lethal injection within the time prescribed in this part 12, unless for good cause the court or governor may prolong the time. For the purposes of this part 12, “lethal injection” means a continuous intravenous injection of a lethal quantity of sodium thiopental or other equally or more effective substance sufficient to cause death. The manner of inflicting the punishment of death shall, in all circumstances, be by the administration of a lethal injection regardless of the date of the commission of the offense or offenses for which the death penalty is imposed.   History. Source: L. 2002: Entire article added with relocations, p. 1452, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-11-401 as it existed prior to 2002.   ANNOTATION   Law reviews. For article, “Criminal Procedure in Colorado -- A Summary and Recommendations for Improvement”, see 22 Rocky Mt. L. Rev. 221 (1950). For comment, “And Then There Were Three: Colorado's New Death Penalty Sentencing Statute”, see 68 U. Colo. L. Rev. 189 (1997).
CO Code § 18-1.3-1203 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 12 - Special Proceedings - Sentencing in Class 1 Felonies|§ 18-1.3-1203. Genetic Testing Prior to Execution

 Prior to the execution of the death penalty pursuant to this part 12, the judicial department shall obtain the chemical testing of a biological substance sample from the convicted offender to determine the genetic markers thereof.   History. Source: L. 2002: Entire article added with relocations, p. 1453, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-11-401.5 as it existed prior to 2002.
CO Code § 18-1.3-1204 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 12 - Special Proceedings - Sentencing in Class 1 Felonies|§ 18-1.3-1204. Implements - Sentence Executed by Executive Director

 The executive director of the department of corrections, at the expense of the state of Colorado, shall provide a suitable and efficient room or place, enclosed from public view, within the walls of the correctional facilities at Cañ;on City and therein at all times have in preparation all necessary implements requisite for carrying into execution the death penalty by means of the administration of a lethal injection. The execution shall be performed in the room or place by a person selected by the executive director and trained to administer intravenous injections. Death shall be pronounced by a licensed physician or a coroner according to accepted medical standards.   History. Source: L. 2002: Entire article added with relocations, p. 1453, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-11-402 as it existed prior to 2002.   ANNOTATION   The regulations concerning the implementation of a death sentence are not subject to the provisions of § 24-4-103 of the State Administrative Procedure Act (APA). Section 17-1-111 precludes the application of certain provisions of the APA to rules of the executive director. Although that section refers to the provisions of title 17 only, it applies to this section because this section is part of the executive director's duties as described in § 17-1-103 . Dunlap v. Dept. of Corr., 2013 COA 63 , 303 P.3d 572.
CO Code § 18-1.3-1206 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 12 - Special Proceedings - Sentencing in Class 1 Felonies|§ 18-1.3-1206. Execution - Witnesses

 The particular day and hour of the execution of said sentence within the week specified in said warrant shall be fixed by the executive director of the department of corrections or the executive director's designee, and the executive director shall be present thereat or shall appoint some other representative among the officials or officers of the correctional facilities at Cañ;on City to be present in his or her place and stead. There shall also be present a physician and such guards, attendants, and other persons as the executive director or the executive director's designee in his or her discretion deems necessary to conduct the execution. In addition, there may be present such witnesses as the executive director or the executive director's designee in his or her discretion deems desirable, not to exceed eighteen persons. The executive director or the executive director's designee shall notify the governor of the day and hour for the execution as soon as it has been fixed.   History. Source: L. 2002: Entire article added with relocations, p. 1453, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-11-404 as it existed prior to 2002.
CO Code § 18-1.3-1207 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 12 - Special Proceedings - Sentencing in Class 1 Felonies|§ 18-1.3-1207. Record and Certificate of Execution

 The executive director of the department of corrections or his or her designee shall keep a book of record, to be known as record of executions, in which shall be entered the reports specified in this section. Immediately after the execution, a postmortem examination of the body of the convict shall be made by the attending physician, who shall enter in said book of record the nature and extent of the examination and sign and certify to the same. The executive director or his or her designee shall also immediately make and enter in said book a report, setting forth the time of such execution and that the convict (naming him or her) was then and there executed in conformity to the sentence specified in the warrant of the court (naming such court) to him or her directed and in accordance with the provisions of this part 12, and shall insert in said report the names of all the persons who were present and witnessed the execution, and shall procure each of such persons to sign said report with his or her full name and place of residence before leaving the place of execution. The executive director or his or her designee shall thereupon attach his or her certificate to said report, certifying to the truth and correctness thereof, and shall immediately deliver a certified transcript of the record entry to the court which sentenced the convict.   History. Source: L. 2002: Entire article added with relocations, p. 1454, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-11-405 as it existed prior to 2002.
CO Code § 18-1.3-1301 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 13 - Special Proceedings - Applicability of Procedure in Class 1 Felony Cases for Crimes Committed on or After July 1, 1988, and Prior to September 20, 1991|§ 18-1.3-1301. Applicability of Procedure for the Imposition of Sentences in Class 1 Felony Cases

  It is the expressed intention of the general assembly that there be no hiatus in the imposition of the death penalty as a sentence for the commission of a class 1 felony in the state of Colorado as a result of the holding of the Colorado supreme court in , 814 P.2d 834 (Colo. 1991). Toward that end, the provisions of former section 16-11-103, C.R.S., as it existed prior to the enactment of senate bill 78, enacted at the second regular session of the fifty-sixth general assembly, and as it currently exists as section 18-1.3-1201, to the extent such provisions were not automatically revitalized by the operation of law, are reenacted as section 18-1.3-1302 and are hereby made applicable to offenses committed on or after July 1, 1988, and prior to September 20, 1991.    It is the intent of the general assembly that this part 13 is independent from former section 16-11-103, C.R.S., now section 18-1.3-1201, and that if any provision of this part 13 or the application thereof to any person or circumstance is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the application of section 18-1.3-1201 to any offense committed on or after September 20, 1991.    People v. Young  History. Source: L. 2002: Entire article added with relocations, p. 1454, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-11-801 as it existed prior to 2002.   ANNOTATION   Applying §§ 16-11-801 and 16-11-802 retroactively violates proscription against ex post facto laws where, as a result of the decision in People v. Young, there was no valid death penalty sentencing statute in effect at the time the offenses were committed. People v. Aguayo, 840 P.2d 336 (Colo. 1992) (decided prior to 2002 relocation of § 16-11-801 ).
CO Code § 18-1.3-1401 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 14 - Competency of Persons to Be Executed|§ 18-1.3-1401. Definitions

 As used in this part 14, unless the context otherwise requires:    “Colorado mental health institute” means the Colorado mental health institute at Pueblo.    “Mentally incompetent to be executed” means that, due to a mental disease or defect, a person who has been sentenced to death is presently unaware that he or she is to be punished for the crime of murder or that the impending punishment for that crime is death.     History. Source: L. 2002: Entire article added with relocations, p. 1459, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-8-301 as it existed prior to 2002.
CO Code § 18-1.3-1402 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 14 - Competency of Persons to Be Executed|§ 18-1.3-1402. Mental Competency to Be Executed - Presumptions

  A person who is sentenced to death shall not be executed so long as the person is mentally incompetent to be executed.    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.     History. Source: L. 2002: Entire article added with relocations, p. 1459, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-8-302 as it existed prior to 2002.
CO Code § 18-1.3-1405 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 14 - Competency of Persons to Be Executed|§ 18-1.3-1405. Mentally Incompetent to Be Executed - Untimely or Successive Motions

  A motion raising the issue of whether a convicted person is mentally incompetent to be executed that is filed pursuant to section 18-1.3-1404 fewer than thirty-five days before the scheduled execution is untimely and shall not be considered by the court unless it is accompanied by both of the following:   At least one affidavit from a licensed physician, licensed psychiatrist, or licensed psychologist who has examined the convicted person that states the physician's, psychiatrist's, or psychologist's opinion that the convicted person is mentally incompetent to be executed; and    A statement that establishes good cause for the failure to file the motion in a timely manner.         Except as provided in paragraph (b) of this subsection (2), if the court has determined, pursuant to section 18-1.3-1404 or 18-1.3-1406 (3), that a convicted person is not mentally incompetent to be executed, no further consideration of the convicted person's mental incompetence to be executed may be granted by the court.    A successive motion raising the issue of whether a convicted person is mentally incompetent to be executed may be filed only if the successive motion is accompanied by an affidavit from a licensed physician, licensed psychiatrist, or licensed psychologist who has examined the convicted person that shows a substantial change of circumstances since the previous motion was denied or the prior determination of restoration to competency to be executed was made and the showing is sufficient to raise a significant question regarding whether the convicted person is mentally incompetent to be executed.         History. Source: L. 2002: Entire article added with relocations, p. 1462, § 2, effective October 1. L. 2012: IP(1) amended,(SB 12-175), ch. 208, p. 870, § 124, effective July 1.    Editor's note:   This section is similar to former § 16-8-305 as it existed prior to 2002.
CO Code § 18-1.3-1406 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 14 - Competency of Persons to Be Executed|§ 18-1.3-1406. Persons Mentally Incompetent to Be Executed - Restoration to Competency

  The court may order a restoration hearing at any time on its own motion, on motion of an attorney for the state, or on motion of the convicted person's attorney. The court shall order a hearing if the executive director of the department of corrections files a report that the convicted person is no longer mentally incompetent to be executed.    At the hearing, if the question is contested, the burden of submitting evidence and the burden of proof by clear and convincing evidence shall be upon the party asserting that the convicted person is mentally competent to be executed.    At the hearing, the court shall determine whether the convicted person is mentally competent to be executed and, if so, shall order that the execution be conducted according to the original warrant issued pursuant to section 18-1.3-1205, if unexpired, or shall issue a new warrant appointing a time for execution of the judgment.     History. Source: L. 2002: Entire article added with relocations, p. 1463, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-8-306 as it existed prior to 2002.
CO Code § 18-1.3-1407 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 14 - Competency of Persons to Be Executed|§ 18-1.3-1407. Appeal of Determination of Mental Incompetency to Be Executed

  Within seven days after the district court rules on a motion raising the issue of whether a convicted person is mentally incompetent to be executed filed pursuant to this part 14, a party may file with the Colorado supreme court a petition to obtain a review of the district court's decision and requesting a stay of execution pending the review.    The supreme court shall expedite its review of the district court's decision and, if the designated week of execution in an existing warrant of conviction has not passed, shall not take more than seven days to render its decision.     History. Source: L. 2002: Entire article added with relocations, p. 1463, § 2, effective October 1. L. 2012: Entire section amended,(SB 12-175), ch. 208, p. 871, § 125, effective July 1.    Editor's note:   This section is similar to former § 16-8-307 as it existed prior to 2002.
CO Code § 18-2-202 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 2 - Inchoate Offenses|Part 2 - Criminal Conspiracy|§ 18-2-202. Joinder and Venue in Conspiracy Prosecutions

  Subject to the provisions of subsection (2) of this section, two or more persons charged with criminal conspiracy may be prosecuted jointly if:   They are charged with conspiring with one another; or    They are charged with being involved in conspiracies that are so related as to constitute different aspects of a scheme of organized criminal conduct. In such case it is immaterial that the persons charged are not parties to the same conspiracy.       In any joint prosecution under subsection (1) of this section:   No defendant shall be charged with a conspiracy in any judicial district other than one in which he entered into the conspiracy or in which an overt act pursuant to such conspiracy was done by him or by a person with whom he conspired; and    Neither the liability of any defendant nor the admissibility against him of evidence of acts or declarations of another shall be enlarged by this joinder; and    The court shall order a severance or take a special verdict as to any defendant who so requests, if it deems it necessary or appropriate to promote the fair determination of his guilt or innocence.        History. Source: L. 71: R&RE, p. 415, § 1. C.R.S. 1963: § 40-2-202 .
CO Code § 18-2-203 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 2 - Inchoate Offenses|Part 2 - Criminal Conspiracy|§ 18-2-203. Renunciation of Criminal Purpose

 It is an affirmative defense to a charge of conspiracy that the offender, after conspiring to commit a crime, thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal intent.   History. Source: L. 71: R&RE, p. 416, § 1. C.R.S. 1963: § 40-2-203 .    Cross references:   For affirmative defenses generally, see §§ 18-1-407 , 18-1-710 , and 18-1-805 .