CO Code § 27-65-127 (2021)
2021 Colorado Code|Title 27 - Behavioral Health|Article 65 - Care and Treatment of Persons With Mental Health Disorders|§ 27-65-127. Imposition of Legal Disability - Deprivation of Legal Right - Restoration

     When an interested person wishes to obtain a determination as to the imposition of a legal disability or the deprivation of a legal right for a person who has a mental health disorder and who is a danger to himself or herself or others, is gravely disabled, or is insane, as defined in section 16-8-101, and who is not then subject to proceedings pursuant to this article 65 or part 3 or part 4 of article 14 of title 15, the interested person may petition the court for a specific finding as to the legal disability or deprivation of a legal right. Actions commenced pursuant to this subsection (1) may include but are not limited to actions to determine contractual rights and rights with regard to the operation of motor vehicles.    The petition shall set forth the disability to be imposed or the legal right to be deprived and the reasons therefor.       The court may impose a legal disability or may deprive a person of a legal right only upon finding both of the following:   That the respondent is a person with a mental health disorder and is a danger to himself or herself or others, gravely disabled, or insane, as defined in section 16-8-101;    That the requested disability or deprivation is both necessary and desirable.       To have a legal disability removed or a legal right restored, any interested person may file a petition with the court which made the original finding. No legal disability shall be imposed nor a legal right be deprived for a period of more than six months without a review hearing by the court at the end of six months at which the findings specified in subsection (2) of this section shall be reaffirmed to justify continuance of the disability or deprivation. A copy of the petition shall be served on the person who filed the original petition, on the person whose rights are affected if he or she is not the petitioner, and upon the facility where the person whose rights are affected resides, if any.    Whenever any proceedings are instituted or conducted pursuant to this section, the following procedures shall apply:   Upon the filing of a petition, the court shall appoint an attorney-at-law to represent the respondent. The respondent may replace said attorney with an attorney of the respondent's own selection at any time. Attorney fees for an indigent respondent shall be paid by the court.    The court, upon request of an indigent respondent or his or her attorney, shall appoint, at the court's expense, one or more professional persons of the respondent's selection to assist the respondent in the preparation of his or her case.    Upon demand made at least five days prior to the date of hearing, the respondent shall have the right to a trial of all issues by a jury of six.    At all times the burden shall be upon the person seeking imposition of a disability or deprivation of a legal right or opposing removal of a disability or deprivation to prove all essential elements by clear and convincing evidence.    Pending a hearing, the court may issue an order temporarily imposing a disability or depriving the respondent of a legal right for a period of not more than ten days in conformity with the standards for issuance of ex parte temporary restraining orders in civil cases, but no individual habilitation or rehabilitation plan shall be required prior to the issuance of such order.    Except as otherwise provided in this subsection (4), all proceedings shall be held in conformance with the Colorado rules of civil procedure, but no costs shall be assessed against the respondent.       Any person who, by reason of a judicial decree or order entered by a court of this state prior to July 1, 1979, is under the imposition of a legal disability or has been deprived of a legal right pursuant to this section as it existed prior to July 1, 1979, shall be released from such decree or order on December 31, 1979.     History. Source: L. 2010: Entire article added with relocations,(SB 10-175), ch. 188, p. 699, § 2, effective April 29. L. 2017: (1)(a) and (2)(a) amended,(SB 17-242), ch. 263, p. 1348, § 242, effective May 25.    Editor's note:   This section is similar to former § 27-10-125 as it existed prior to 2010.   Cross references:   For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.   ANNOTATION   Annotator's note. Since § 27-65-127 is similar to § 27-10-125 as it existed prior to the 2010 amendments to this article, relevant cases construing that provision have been included in the annotations to this section.   Equal protection not violated. There is a rational basis for distinguishing between this section and former § 27-10-107 ; the sections address parties who are not similarly situated. Curnow v. Yarbrough, 676 P.2d 1177 (Colo. 1984).   Court may issue order depriving involuntarily committed person of the legal right to possess weapons pursuant to this section. People v. Pflugbeil, 834 P.2d 843 (Colo. App. 1992).   Subsection (1)(a)'s plain meaning provides that an interested person may initiate a court proceeding when (1) the subject is insane, as defined in § 16-8-101 , and (2) the person is not then subject to proceedings under this article. The statute presupposes that a not guilty by reason of insanity adjudicated patient could be subject to provisions under this article. The statute also presupposes that not every not guilty by reason of insanity patient is subject to this article. Neiberger v. Hawkins, 239 F. Supp. 2d 1140 (D. Colo. 2002 ).   Applied in Brown v. Jensen, 572 F. Supp. 193 (D. Colo. 1983 ).