reglab/housing_qa huggingface dataset:
CO Code § 16-8-117 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 8 - Insanity - Release|Part 1 - General Provisions|§ 16-8-117. Advisement on Matters to Be Determined

 When a determination is to be made as to a defendant's eligibility for release, the court shall explain to the defendant the nature and consequences of the proceeding and the rights of the defendant under this section, including his or her right to a jury trial upon the question of eligibility for release. The defendant, if he or she wishes to contest the question, may request a hearing which shall then be granted as a matter of right. At the hearing, the defendant and the prosecuting attorney are entitled to be present in person, to examine any reports of examination or other matter to be considered by the court as bearing upon the determination, to introduce evidence, summon witnesses, cross-examine witnesses for the other side or the court, and to make opening and closing statements and argument. The court may examine or cross-examine any witness called by the defendant or prosecuting attorney and may summon and examine witnesses on its own motion.   History. Source: L. 72: R&RE, p. 232, § 1. C.R.S. 1963: § 39-8-117 . L. 2008: Entire section amended, p. 1858, § 13, effective July 1.    Cross references:   For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 389, Session Laws of Colorado 2008.   ANNOTATION   This section, read in conjunction with §§ 16-8-115 and 16-8-116 , entitles a defendant to a release hearing to be held by the court, or, on demand by the defendant, to a jury not to exceed six persons. This hearing is mandated for a defendant committed after a finding of not guilty by reason of insanity, whether or not eligibility for release is contested. People v. Lowe, 967 P.2d 177 (Colo. App. 1998).   No broad right of discovery in release proceedings. Based on this section and §§ 16-8-115 and 16-8-116 and on the special nonadversary nature of a release inquiry, the participants in release proceedings do not have the broad right of discovery as provided in the rules of civil procedure. People v. District Court, 192 Colo. 225 , 557 P.2d 414 (1976).   Discretion of trial court as to procedures. The procedures set out in this section and § 16-8-115 are addressed to the discretion of the trial court and permit all participants to prepare adequately for the hearing. People v. District Court, 192 Colo. 225 , 557 P.2d 414 (1976).   Upon a proper showing, the trial court may use or authorize the use of suitable discovery procedures reasonably fashioned to elicit facts necessary to help the court dispose of the matter as law and justice may require. People v. District Court, 192 Colo. 225 , 557 P.2d 414 (1976).   Defendant need not be advised on right to remain silent in competency evaluation for a Crim. P. 35(c) postconviction motion if the evaluation is not being used to establish guilt. No self-incrimination issue exists, and procedural safeguards of this section do not apply because defendant already confessed, pleaded guilty, and was sentenced. People v. Karpierz, 165 P.3d 753 (Colo. App. 2006).
CO Code § 16-8-119 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 8 - Insanity - Release|Part 1 - General Provisions|§ 16-8-119. Counsel and Physicians for Indigent Defendants

 In all proceedings under this article, upon motion of the defendant and proof that he is indigent and without funds to employ physicians, psychologists, or attorneys to which he is entitled under this article, the court shall appoint such physicians, psychologists, or attorneys for him at state expense.   History. Source: L. 72: R&RE, p. 232, § 1. C.R.S. 1963: § 39-8-119 .    Cross references:   For representation of indigent persons generally, see § 21-1-103 .   ANNOTATION   This section gives indigent defendant right to have state pay for experts to which he is entitled under law, but not to have state pay for particular expert which he might select or desire. Massey v. District Court, 180 Colo. 359 , 506 P.2d 128 (1973).   But court may require good cause to be shown before ordering further psychiatric examination once defendant has been examined by specialists in field of nervous and mental diseases. Massey v. District Court, 180 Colo. 359 , 506 P.2d 128 (1973).
CO Code § 16-8-121 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 8 - Insanity - Release|Part 1 - General Provisions|§ 16-8-121. Escape - Return to Institution

  If any defendant, confined in an institution for the care and treatment of persons with behavioral or mental health disorders or intellectual and developmental disabilities under the supervision of the executive director of the department of human services, escapes from such institution, it is the duty of the chief officer to apply forthwith to the district court for the county in which the hospital or institution is located for a warrant of arrest directed to the sheriff of the county, commanding him or her forthwith to take all necessary legal action to effect the arrest of the defendant and to return him or her promptly to the institution. The fact of an escape becomes a part of the official record of a defendant and must be certified to the committing court as part of the record in any proceeding to determine whether the defendant is eligible for release from commitment or eligible for conditional release.    If any defendant committed to the custody of the executive director of the department of human services and placed in an institution under his or her supervision has escaped from an institution for the care and treatment of persons with behavioral, mental health, or substance use disorders in another state, the chief officer is authorized to return the defendant to the institution from which he or she escaped. The chief officer is further authorized to effect the return at the expense of the state of Colorado and under such terms and conditions as the chief officer deems suitable.     History. Source: L. 72: R&RE, p. 232, § 1. C.R.S. 1963: § 39-8-121 . L. 83: (1) amended, p. 676, § 10, effective July 1. L. 87: Entire section amended, p. 1170, § 8, effective April 22. L. 94: (1) and (2) amended, p. 2650, § 122, effective July 1. L. 2006: (1) amended, p. 1397, § 42, effective August 7. L. 2017: Entire section amended,(SB 17-242), ch. 263, p. 1297, § 119, effective May 25.    Cross references:   For the legislative declaration contained in the 1994 act amending subsections (1) and (2), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
CO Code § 16-8-122 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 8 - Insanity - Release|Part 1 - General Provisions|§ 16-8-122. Commitment and Observation

 Upon the termination of the period of observation of a defendant committed under section 16-8-106 , the authorities shall present to the court their account, evidenced by a statement thereof based upon the established per diem rate of the place of confinement. If approved by the court, the account shall be paid by the state pursuant to section 13-3-104 , C.R.S.   History. Source: L. 72: R&RE, p. 233, § 1. C.R.S. 1963: § 39-8-122 . L. 75: Entire section amended, p. 210, § 27, effective July 16.
CO Code § 16-9-101 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 9 - Preparation for Trial|Part 1 - Subpoenas|§ 16-9-101. Right to Compel Attendance of Witnesses

  In every criminal case, the prosecuting attorney and the defendant have the right to compel the attendance of witnesses and the production of tangible evidence by service upon them of a subpoena to appear for examination as a witness at any proceeding before the court. Service of a subpoena upon a parent or legal guardian who has physical care of an unemancipated minor that contains wording commanding said parent or legal guardian to produce the unemancipated minor for the purpose of testifying before the court shall be valid service compelling the attendance of both said parent or legal guardian and the unemancipated minor for examination as witnesses. In addition, service of a subpoena as described in this subsection (1) shall compel said parent or legal guardian either to make all necessary arrangements to ensure that the unemancipated minor is available before the court to testify or to appear in court and show good cause for the unemancipated minor's failure to appear.    The issuance and service of subpoenas and all procedures related thereto shall be in conformity with and as required by applicable rule of criminal procedure adopted by the Colorado supreme court.     History. Source: L. 72: R&RE, p. 233, § 1. C.R.S. 1963: § 39-9-101 . L. 98: (1) amended, p. 946, § 1, effective May 27.    ANNOTATION   Law reviews. For article, “Criminal Procedure in Colorado -- A Summary and Recommendations for Improvement”, see 22 Rocky Mt. L. Rev. 221 (1950).
CO Code § 16-9-201 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 9 - Preparation for Trial|Part 2 - Witnesses From Outside the State|§ 16-9-201. Definitions

 As used in this part 2, unless the context otherwise requires:    “State” includes any territory of the United States and the District of Columbia.    “Summons” includes a subpoena, order, or other notice requiring the appearance of a witness.    “Witness” includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding.     History. Source: L. 72: R&RE, p. 235, § 1. C.R.S. 1963: § 39-9-204 .    ANNOTATION   Method for compelling attendance of out-of-state witnesses. This uniform act provides a method whereby, among states that have adopted the act, a court of one state may certify the need for the appearance and testimony of a material witness residing in another state and thereby invoke the authority of the court in the resident state to compel the witness's attendance in the certifying court. Hence, at least under the circumstances specified in the statute, a Colorado court may now compel the attendance of out-of-state witnesses. People v. McCabe, 37 Colo. App. 181, 546 P.2d 1289 (1975).   Payment for witnesses is the obligation of the state. In concluding that the courts lack the ability to compel the attendance of out-of-state witnesses for an indigent defendant, a court's reliance upon the silence of the uniform act as to the source of any money to be paid to the witness was misplaced in Colorado. The failure of the uniform act to address this issue does not support this conclusion since the statutes and rules of criminal procedure both create the obligation and provide for payment. People v. McCabe, 37 Colo. App. 181, 546 P.2d 1289 (1975).   The provisions of this part 2 do not extend to authorizing a court to subpoena a witness who is residing outside the United States. The district court erred in granting a motion under the provisions of rule 15 of the Colorado rules of criminal procedure to depose a witness residing in Mexico. The rule requires that the deposition be conducted in the presence of the court and requires the court to subpoena the witness. The court does not have jurisdiction to subpoena a witness who resides in another country because the provisions of this part 2 extend only to other states that have adopted a similar law, not to foreign countries. Without another statute authorizing such a subpoena, the court was proceeding without jurisdiction. People v. Arellano-Avila, 20 P.3d 1191 (Colo. 2001).
CO Code § 16-9-204 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 9 - Preparation for Trial|Part 2 - Witnesses From Outside the State|§ 16-9-204. Exemption From Arrest

  If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.    If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, while so passing through this state, he shall not be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.     History. Source: L. 72: R&RE, p. 235, § 1. C.R.S. 1963: § 39-9-203 .
CO Code § 16-9-205 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 9 - Preparation for Trial|Part 2 - Witnesses From Outside the State|§ 16-9-205. Production of Tangible Evidence

 The procedures set forth in this part 2 shall apply to both the compulsory attendance of witnesses and the production of tangible evidence by witnesses located in this state whose presence is required in an action in another state and to witnesses from another state whose presence is required in an action in this state.   History. Source: L. 81: Entire section added, p. 927, § 4, effective July 1.
CO Code § 16-9-301 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 9 - Preparation for Trial|Part 3 - Compelling Attendance of Material Witnesses Within the State|§ 16-9-301. Definitions

 As used in this part 3, unless the context otherwise requires:    “Summons” includes a subpoena, order, or other notice requiring the appearance of a witness.    “Witness” includes a person whose testimony is desired or who is desired to produce tangible evidence in any proceeding or investigation by a grand jury or a criminal action or proceeding in this state.     History. Source: L. 85: Entire part added, p. 626, § 1, effective April 24.
CO Code § 16-9-302 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 9 - Preparation for Trial|Part 3 - Compelling Attendance of Material Witnesses Within the State|§ 16-9-302. Summoning Witness to Testify or Produce Tangible Evidence in Another County

  In order to secure the attendance of a material witness who either the prosecution or the defense has reasonable grounds to believe will absent himself from the jurisdiction of the requesting court, a judge of a court of record in any county in this state upon such showing may certify that there is a criminal action pending in such court or that a grand jury investigation has commenced or is about to commence, that a person located within any county or city and county in this state is a material witness in such action or grand jury investigation, and that his presence will be required for a specified number of days. When a court of record in the county in which such person is located receives the certificate, it shall fix a time and place for a hearing and shall make an order directing the witness to appear at the hearing at the time and place specified in the order.    If at the hearing held pursuant to subsection (1) of this section the court determines that the witness is material and necessary and that it will not cause undue hardship to the witness to be compelled to attend and testify in the criminal action or grand jury investigation in the requesting county, the court shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the requesting court at the time and place specified in the summons. In any such hearing, the certificate shall be prima facie evidence of all the facts stated therein.    If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting county to assure his attendance in the requesting county, the receiving court may, in lieu of notification of the hearing, direct that the witness be brought before the court for the hearing. If the court is satisfied at the hearing that the requested custody and delivery is desirable, the court shall order that the witness be taken into custody and delivered to an officer of the requesting county for said hearing, if said hearing is to commence within forty-eight hours of the issuance of the certificate, or for the purpose of the taking of a criminal deposition pursuant to rule 15, Colorado rules of criminal procedure. The certificate shall be prima facie evidence that the requested custody and delivery is desirable. If said witness can post reasonable security, he shall be discharged.    If the witness who is summoned pursuant to subsection (2) of this section, after being paid or tendered the appropriate witness fees, fails without good cause to attend and testify or produce evidence as directed in the summons, he shall be subject to any sanctions available to the requesting court.     History. Source: L. 85: Entire part added, p. 626, § 1, effective April 24.    Cross references:   For witness fees, see § 13-33-102 .
CO Code § 16-9-303 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 9 - Preparation for Trial|Part 3 - Compelling Attendance of Material Witnesses Within the State|§ 16-9-303. Protection From Arrest or Service of Process

 When a person enters into or passes through any county in this state in obedience to a summons issued pursuant to section 16-9-302 (2) or when returning from testifying under the summons, he shall not be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into said county in response to the summons.   History. Source: L. 85: Entire part added, p. 627, § 1, effective April 24.
CO Code § 16-9-501 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 9 - Preparation for Trial|Part 5 - Motions Alleging an Unconstitutional Law|§ 16-9-501. Notice to the Attorney General When a Defendant Alleges a Law Is Unconstitutional

 If a defendant in a criminal proceeding files a motion or other pleading that includes a claim alleging a state statute or municipal ordinance is unconstitutional, the defendant shall serve the attorney general with a copy of the motion or pleading. The attorney general shall be entitled to be heard on the matter. Failure to comply with this section shall not constitute a waiver of a defendant's constitutional rights or a defendant's right to raise a constitutional challenge.   History. Source: L. 2006: Entire part added, p. 35, § 1, effective March 13.
CO Code § 16-9-601 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 9 - Preparation for Trial|Part 6 - Prohibition on Reproduction of Sexually Exploitative Material|§ 16-9-601. Prohibition on Reproduction of Sexually Exploitative Material

  For purposes of this part 6, “sexually exploitative material” shall have the same meaning as provided in section 18-6-403 (2)(j), C.R.S.    For the reasons stated in section 18-6-403 (1) and (1.5), C.R.S., regarding the harm and victimization related to sexually exploitative material, in a criminal proceeding, all sexually exploitative material shall remain in the care, custody, and control of either the prosecution, a law enforcement agency, or the court.      Notwithstanding any provision of the Colorado rules of criminal procedure, a court shall deny a request by the defendant in a criminal proceeding to copy, photograph, duplicate, or otherwise reproduce sexually exploitative material, so long as the prosecuting attorney makes the material reasonably available to the defendant; except that if, after a hearing, the defendant shows that for reasons specific to the case, the access provided by the prosecuting attorney does not provide ample opportunity for inspection, viewing, and examination by a defense expert, the court may order reproduction of the material with an appropriate protective order.    For purposes of paragraph (a) of this subsection (3), sexually exploitative material shall be deemed to be reasonably available to the defendant if the prosecuting attorney provides ample opportunity for inspection, viewing, and examination, at the prosecutor's office or a law enforcement facility, of the property or material by the defendant, his or her attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.         History. Source: L. 2008: Entire part added, p. 1719, § 1, effective June 2.
CO Code § 16-9-702 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 9 - Preparation for Trial|Part 7 - Discovery Project Steering Committee|§ 16-9-702. Statewide Discovery Sharing System

  The Colorado district attorneys' council shall develop and maintain a statewide discovery sharing system integrated with its ACTION system. The statewide discovery sharing system must be operational by July 1, 2017. The Colorado district attorneys' council shall maintain and operate the system with the assistance of the discovery project steering committee created in section 16-9-701.    The general assembly shall appropriate the necessary moneys from the general fund and the statewide discovery sharing system surcharge fund created in section 18-26-102 (2), C.R.S., to fund the development, continuing enhancement, and maintenance of the statewide discovery sharing system and maintenance and continuing enhancement of the existing ACTION system operated by the Colorado district attorneys' council. The judicial department shall allocate the appropriated moneys to the Colorado district attorneys' council for the development, continuing enhancement, and maintenance of the statewide discovery sharing system and the existing ACTION system.    The Colorado district attorneys' council shall provide the judicial department financial reports regarding the statewide discovery sharing system. The judicial department shall use the reports in preparing its annual budget request. The reports must include the following:   Actual expenditures of the moneys appropriated for the maintenance of the ACTION system and for the development, enhancement, implementation, and maintenance of the discovery sharing system so that the judicial department can include the expenditure data in its annual budget request. The judicial department shall require the Colorado district attorneys' council to provide the information in a format that is consistent with actual expenditures reported for other line item appropriations.    The amount of state funding requested for the next fiscal year for such purpose, including a breakdown and justification for the amount requested.        History. Source: L. 2014: Entire section added,(SB 14-190), ch. 275, p. 1107, § 3, effective May 29. L. 2016: (1) amended,(SB 16-091), ch. 52, p. 122, § 2, effective August 10.    Cross references:   For the legislative declaration in SB 14-190, see section 1 of chapter 275, Session Laws of Colorado 2014.
CO Code § 16-10-102 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 10 - Jury Trials|Part 1 - Composition and Selection of the Jury|§ 16-10-102. When Jury Panel Exhausted

 In all criminal cases where the panel of jurors is exhausted by challenge or otherwise, and whether any juror has been selected and sworn or not, the court may order the issuance of a venire for any number of jurors not exceeding twenty-four, returnable forthwith, out of which persons so ordered to be summoned it is lawful to impanel a jury for the trial of any criminal case. Should the jurors thus summoned be insufficient, by reason of challenges or otherwise, to form an impartial jury, the court may make further orders for additional jurors, returnable forthwith, until a full jury is obtained.   History. Source: L. 72: R&RE, p. 235, § 1. C.R.S. 1963: § 39-10-102 .