CO Code § 16-8.5-104 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 8.5 - Competency to Proceed|§ 16-8.5-104. Waiver of Privilege

  When a defendant raises the issue of competency to proceed, or when the court determines that the defendant is incompetent to proceed and orders that the defendant undergo restoration treatment, any claim by the defendant to confidentiality or privilege is deemed waived, and the district attorney, the defense attorney, and the court are granted access, without written consent of the defendant or further order of the court, to:   Reports of competency evaluations, including second evaluations;    Information and documents relating to the competency evaluation that are created by, obtained by, reviewed by, or relied on by an evaluator performing a court-ordered evaluation; and    The evaluator, for the purpose of discussing the competency evaluation.       Upon a request by either party or the court for the information described in subsection (1) of this section, the evaluator or treatment provider shall provide the information for use in preparing for a hearing on competency or restoration and for use during such a hearing.    An evaluator or a facility providing competency evaluation or restoration treatment services pursuant to a court order issued pursuant to this article is authorized to provide, and shall provide, procedural information to the court, district attorney, or defense counsel, concerning the defendant's location, the defendant's hospital or facility admission status, the status of evaluation procedures, and other procedural information relevant to the case.    Nothing in this section limits the court's ability to order that information in addition to that set forth in subsections (1) and (3) of this section be provided to the evaluator, or to either party to the case, nor does it limit the information that is available after the written consent of the defendant.    The court shall order both the prosecutor and the defendant or the defendant's counsel to exchange the names, addresses, reports, and statements of each physician or psychologist who has examined or treated the defendant for competency.    Statements made by the defendant in the course of any evaluation shall be protected as provided in section 16-8.5-108.     History. Source: L. 2008: Entire article added, p. 1841, § 2, effective July 1.    ANNOTATION   The confrontation clause does not require a court to conduct an in camera review of a co-defendant's competency report on behalf of a defendant in defendant's case. The confrontation right is a trial right, not a discovery right. Zapata v. People, 2018 CO 82, 428 P.3d 517.   The due process clause requires an in camera review of privileged information for a defendant if the defendant establishes that it contains material evidence. The defendant must make more than a vague assertion that the information may contain exculpatory material. Zapata v. People, 2018 CO 82, 428 P.3d 517.   Defendant made only a vague assertion that co-defendant's competency evaluation could contain impeachable material. Zapata v. People, 2018 CO 82, 428 P.3d 517.   Competency reports are protected by the physician-patient or psychologist-client privilege. Zapata v. People, 2018 CO 82, 428 P.3d 517.   The statutory waiver in subsection (1) applies only to the court, defendant, and prosecution in that defendant's case. It does not apply to a co-defendant. This section does not give a defendant access to a co-defendant's competency report. Zapata v. People, 2018 CO 82, 428 P.3d 517.