reglab/housing_qa huggingface dataset:
CO Code § 16-2.7-104 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 2.7 - Missing Person Reports - Unidentified Human Remains|§ 16-2.7-104. Unidentified Human Remains - Reporting - Dna Samples

  Except as provided in section 24-80-1303, C.R.S., with regard to anthropological investigations, a person who has custody of unidentified human remains shall immediately notify the coroner or medical examiner of the county in which the remains are located and the sheriff, police chief, or land managing agency official in accordance with section 24-80-1302 (1), C.R.S.    If a coroner or medical examiner takes legal custody of unidentified human remains pursuant to section 24-80-1302 (2), C.R.S., or section 30-10-606 (1.2), C.R.S., the coroner or medical examiner shall make reasonable attempts to identify the human remains. These attempts may include, but need not be limited to, obtaining:   Photographs of the human remains prior to an autopsy;    Dental or skeletal X rays of the human remains;    Photographs of items found with the human remains;    Fingerprints from the human remains;    Samples of tissue suitable for DNA typing from the human remains;    Samples of whole bone or hair from the human remains suitable for DNA typing.       If a coroner or medical examiner takes legal custody of unidentified human remains pursuant to section 24-80-1302 (2), C.R.S., or section 30-10-606 (1.2), C.R.S., the coroner or medical examiner shall:   Enter information concerning the physical appearance and structure of the unidentified human remains, including DNA typing information, into the national crime information center database; or    Work with law enforcement officials to ensure that information concerning the physical appearance and structure of the unidentified human remains, including DNA typing information, is entered into the national crime information center database.       A coroner or medical examiner shall neither dispose of nor engage in actions that will materially affect unidentified human remains before the coroner or medical examiner:   Obtains from the unidentified human remains samples suitable for DNA identification and archiving, if possible;    Obtains photographs of the unidentified human remains; and    Exhausts all other appropriate steps for identification of the human remains.       Until all available information concerning the physical appearance and structure of unidentified human remains is entered into the national crime information center database, cremation or natural reduction of unidentified human remains is prohibited.     History. Source: L. 2006: Entire article added, p. 395, § 1, effective April 6. L. 2021: (5) amended,(SB 21-006), ch. 123, p. 496, § 21, effective September 7.    Editor's note:   Section 31(2) of chapter 123 (SB 21-006), Session Laws of Colorado 2021, provides that the act changing this section applies to final dispositions of human remains or human fetuses made on or after September 7, 2021.
CO Code § 16-8.5-106 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 8.5 - Competency to Proceed|§ 16-8.5-106. Evaluation at Request of Defendant

  If a defendant wishes to be examined by a competency evaluator of his or her own choice in connection with any proceeding under this article, the court, upon timely motion, shall order that the competency evaluator chosen by the defendant be given reasonable opportunity to conduct the second evaluation, in accordance with sections 16-8.5-103 and 16-8.5-111.    A copy of the second evaluation shall be furnished to the prosecution in a reasonable amount of time in advance of the competency or restoration hearing.     History. Source: L. 2008: Entire article added, p. 1843, § 2, effective July 1.    ANNOTATION   A juvenile is not entitled to a second competency evaluation at state expense. The provisions of the adult competency statutes do not apply to juvenile delinquency proceedings. People in Interest of W.P., 2013 CO 11, 295 P.3d 514.
CO Code § 16-8.5-107 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 8.5 - Competency to Proceed|§ 16-8.5-107. Counsel and Evaluators for Indigent Defendants

 In all proceedings under this article, the court shall appoint competency evaluators or attorneys for a defendant at state expense upon motion of the defendant with proof that he or she is indigent and without funds to employ competency evaluators or attorneys to which he or she is entitled under this article. If a second evaluation is requested by an indigent defendant, it shall be paid for by the court.   History. Source: L. 2008: Entire article added, p. 1843, § 2, effective July 1.    ANNOTATION   A juvenile is not entitled to a second competency evaluation at state expense. The provisions of the adult competency statutes do not apply to juvenile delinquency proceedings. People in Interest of W.P., 2013 CO 11, 295 P.3d 514.
CO Code § 16-8.5-108 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 8.5 - Competency to Proceed|§ 16-8.5-108. Evidence

     Except as otherwise provided in this subsection (1), evidence acquired directly or indirectly for the first time from a communication derived from the defendant's mental processes during the course of a competency evaluation or involuntary medication proceeding is not admissible against the defendant on the issues raised by a plea of not guilty, or, if the offense occurred before July 1, 1995, a plea of not guilty by reason of impaired mental condition. Such evidence may be admissible at trial to rebut evidence introduced by the defendant of the defendant's mental condition to show incapacity of the defendant to form a culpable mental state; and, in such case, the evidence may only be considered by the trier of fact as bearing upon the question of capacity to form a culpable mental state, and the jury shall be so instructed at the request of either party.    Evidence acquired directly or indirectly for the first time from a communication derived from the defendant's mental processes during the course of a competency evaluation or involuntary medication proceeding is admissible at any sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.3-1302 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102 only to prove the existence or absence of any mitigating factor.    If the defendant testifies on his or her own behalf upon the trial of the issues raised by the plea of not guilty or, for offenses that occurred before July 1, 1995, a plea of not guilty by reason of impaired mental condition, or at a sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.3-1302 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102, the provisions of this section shall not bar any evidence used to impeach or rebut the defendant's testimony.       In any hearing concerning competency to proceed or restoration to competency, competency evaluators and other experts may testify as to their conclusions reached from their examination of hospital records, laboratory reports, X rays, electroencephalograms, and psychological test results if the material that they examined in reaching their conclusions is produced at the time of the hearing. Nothing in this section prevents the parties from obtaining the information authorized by section 16-8.5-104 prior to the hearing.     History. Source: L. 2008: Entire article added, p. 1843, § 2, effective July 1. L. 2009: (1)(a) and (1)(b) amended,(HB 09-1253), ch. 128, p. 550, § 1, effective August 5. L. 2020: (1)(b) and (1)(c) amended,(SB 20-100), ch. 61, p. 208, § 7, effective March 23.
CO Code § 16-8.5-109 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 8.5 - Competency to Proceed|§ 16-8.5-109. Advisement on Matters to Be Determined

  When a determination is to be made as to a defendant's competency to proceed, the court shall explain to the defendant the nature and consequences of the proceeding and the rights of the defendant under this section. The defendant, if he or she wishes to contest the question, may request a competency hearing that shall then be granted as a matter of right.    At a competency hearing, the defendant and the prosecuting attorney are entitled:   To be present in person;    To examine any reports of the evaluation or other matter to be considered by the court as bearing upon the determination;    To introduce evidence, summon witnesses, cross-examine opposing witnesses or witnesses called by the court; and    To make opening and closing statements and arguments.       The court may examine or cross-examine any witness called by the defendant or prosecuting attorney at a competency hearing and may summon and examine witnesses on its own motion.     History. Source: L. 2008: Entire article added, p. 1844, § 2, effective July 1.
CO Code § 16-8.5-110 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 8.5 - Competency to Proceed|§ 16-8.5-110. Testimony of Lay Witnesses

 In any hearing at which the competency of the defendant is an issue, witnesses not specially trained in psychiatry or psychology and not testifying as expert witnesses may testify as to their observation of the defendant's actions and conduct and as to conversations that they have had with the defendant bearing upon the defendant's mental condition. Any such witnesses, as part of their testimony, shall be permitted to give their opinions or conclusions concerning the competency of the defendant.   History. Source: L. 2008: Entire article added, p. 1845, § 2, effective July 1.
CO Code § 16-8.5-113 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 8.5 - Competency to Proceed|§ 16-8.5-113. Restoration to Competency

  The court may order a restoration hearing at any time on its own motion, on motion of the prosecuting attorney, or on motion of the defendant.    Within fourteen days after receipt of a report from the department or other court-approved provider of restoration services certifying that the defendant is competent to proceed, either party may request a hearing or a second evaluation. The court shall determine whether to allow the second evaluation or proceed to a hearing on competency. If the second evaluation is requested by the court or by an indigent defendant, it must be paid for by the court.    If a second evaluation is allowed, any pending requests for a hearing must be continued until receipt of the second evaluation report. The report of the expert conducting the second evaluation report must be completed and filed with the court within thirty-five days after the court order allowing the second evaluation, unless the time period is extended by the court after a finding of good cause.    If neither party requests a hearing or second evaluation within the time frame set forth in subsection (2) of this section, the court shall enter a final determination, based on the information then available to the court, whether the defendant is or is not competent to proceed.    If a party makes a timely request for a hearing, the hearing shall be held within thirty-five days after the request for a hearing or, if applicable, within thirty-five days after the filing of the second evaluation report, unless the time is extended by the court after a finding of good cause.    At the hearing, the burden of submitting evidence and the burden of proof by a preponderance of the evidence shall be upon the party asserting that the defendant is competent. At the hearing, the court shall determine whether the defendant is restored to competency.     History. Source: L. 2008: Entire article added, p. 1846, § 2, effective July 1. L. 2012: (2), (3), and (5) amended,(SB 12-175), ch. 208, p. 852, § 81, effective July 1. L. 2019: (2) and (3) amended,(SB 19-223), ch. 227, p. 2283, § 6, effective July 1.    ANNOTATION   Based on application of standards related to the involuntary administration of medication for restoration of competency established by supreme court in Sell v. United States, 539 U.S. 166 (2003), medication may be administered to defendant to restore competency for trial. People in Interest of Hardesty, 2014 COA 138 , 410 P.3d 553.
CO Code § 16-8.5-114 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 8.5 - Competency to Proceed|§ 16-8.5-114. Procedure After Hearing Concerning Restoration to Competency

  If a defendant is found to be restored to competency after the hearing held pursuant to section 16-8.5-113, the court shall resume the criminal proceedings or order the sentence carried out. The court shall credit any time the defendant spent in confinement while committed pursuant to section 16-8.5-111 against any term of imprisonment imposed after restoration to competency.    If, after the hearing held pursuant to section 16-8.5-113, the court determines that the defendant remains incompetent to proceed, the court may continue or modify any orders entered at the time of the original determination of incompetency and may commit or recommit the defendant or enter any new order necessary to facilitate the defendant's restoration to mental competency, consistent with the requirements of section 16-8.5-111.    Evidence of any determination as to the defendant's competency or incompetency is not admissible on the issues raised by a plea of not guilty, not guilty by reason of insanity, or, for offenses that occurred before July 1, 1995, the affirmative defense of impaired mental condition.     History. Source: L. 2008: Entire article added, p. 1847, § 2, effective July 1. L. 2019: (2) amended,(SB 19-223), ch. 227, p. 2284, § 7, effective July 1.
CO Code § 16-8.5-117 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 8.5 - Competency to Proceed|§ 16-8.5-117. Escape - Return to Institution

 If a defendant committed to the custody of the executive director for a competency evaluation or for restoration to competency escapes from the institution or hospital, it is the duty of the chief officer of the institution or hospital to apply to the district court for the county in which the institution or hospital is located for a warrant of arrest directed to the sheriff of the county, commanding him or her to take all necessary legal action to effect the arrest of the defendant and to return the defendant promptly to the institution or hospital. The fact of an escape becomes a part of the official record of the defendant and shall be certified to the committing court as part of the record in any proceeding to determine whether the defendant is eligible for release on bond or from custody.   History. Source: L. 2008: Entire article added, p. 1848, § 2, effective July 1.
CO Code § 16-8.5-118 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 8.5 - Competency to Proceed|§ 16-8.5-118. Temporary Removal for Treatment and Rehabilitation

 The chief officer of an institution in which a defendant has been committed under this article may authorize treatment and rehabilitation activities involving temporary physical removal of the person from the institution in which the defendant has been placed, according to the procedures and requirements of section 16-8-118 .   History. Source: L. 2008: Entire article added, p. 1848, § 2, effective July 1.
CO Code § 16-8.5-120 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 8.5 - Competency to Proceed|§ 16-8.5-120. Competency Evaluation Monitoring System - Users - Rules

  The department, with assistance from the judicial department, shall develop an electronic system to track the status of defendants in the criminal justice system for whom a competency evaluation or competency restoration has been ordered. The system must contain information on the following:   The date the court ordered the evaluation;    The dates of and locations where the evaluation was started and completed;    The date of and location where the defendant entered restoration services;    The dates and results of court reviews of competency;    Inpatient bed space;    Community restoration capacity; and    Financial estimates of costs of each inpatient and outpatient program to identify inefficiencies.       The department shall establish who has access to enter information into the electronic system and who may have read-only access to the electronic system.     History. Source: L. 2019: Entire section added,(SB 19-223), ch. 227, p. 2289, § 9, effective July 1.
CO Code § 16-8.5-122 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 8.5 - Competency to Proceed|§ 16-8.5-122. Forensic Evaluator Training

 By February 1, 2020, the department shall create a partnership with an accredited institution of higher education in the state to develop and provide rigorous training in forensic evaluation. On or before January 1, 2021, newly hired competency evaluators must complete a training that addresses competency, sanity, report writing, expert testimony, and other skills crucial for forensic evaluators; except that competency evaluators who are forensic psychiatrists certified or certification-eligible by the American board of psychiatry and neurology and forensic psychologists who are certified or certification-eligible by the American board of forensic psychology may be exempt from any training requirements as outlined in this section through an exemption process to be developed by the department. The state will manage an oversight program that will provide support and ensure quality of forensic evaluators.   History. Source: L. 2019: Entire section added,(SB 19-223), ch. 227, p. 2290, § 11, effective July 1.
CO Code § 16-11.3-101 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 11.3 - Colorado Commission on Criminal and Juvenile Justice|§ 16-11.3-101. Legislative Declaration

  The general assembly finds and declares that:   Ensuring public safety and respecting the rights of victims are paramount concerns of the citizens of Colorado;    Improving the effective administration of justice involves a comprehensive examination of, and recommendations regarding, the criminal and juvenile justice systems;    Current commitments to the department of corrections require expending a significant percentage of the state budget for incarceration of offenders;    The number of offenders projected to be sentenced in the future will require that an even greater percentage of the state budget be dedicated to incarceration;    The rate of recidivism is high, resulting in the return of many offenders to the justice system with additional significant expense;    It is in the interest of the people of the state of Colorado to maintain public safety through the most cost-effective use of limited criminal justice resources;    Many factors may contribute to an offender's criminal behavior, including but not limited to substance abuse and substance use disorders, behavioral or mental health disorders, poverty, child abuse, domestic violence, and educational deficiencies. Factors contributing to criminal conduct and re-victimization are frequently not addressed adequately within the justice system.    Appropriate intervention in a child's life through the juvenile justice system or prevention programs may limit or prevent future criminal conduct;    It is in the best interest of the public to engage in a comprehensive, evidence-based analysis of the circumstances and characteristics of the offenders being sentenced to the department of corrections, the alternatives to incarceration, the effectiveness of prevention programs, and the effectiveness of the criminal code and sentencing laws in securing public safety.       Therefore, the general assembly declares that a commission comprised of experts in criminal justice, corrections, mental and behavioral health, drug abuse, victims' rights, higher education, juvenile justice, local government, and other pertinent disciplines shall be formed to engage in an evidence-based analysis of the criminal justice system in Colorado and annually report to the governor, the speaker of the house of representatives, the president of the senate, and the chief justice of the Colorado supreme court.     History. Source: L. 2007: Entire article added, p. 1100, § 1, effective May 23. L. 2017: (1)(g) and (2) amended,(SB 17-242), ch. 263, p. 1298, § 122, effective May 25.    Cross references:   For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
CO Code § 16-11.3-104 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 11.3 - Colorado Commission on Criminal and Juvenile Justice|§ 16-11.3-104. Colorado Commission on Criminal and Juvenile Justice Cash Fund - Created - Donations

  The department of public safety and the commission are authorized to accept gifts, grants, or donations, including in-kind donations from private or public sources, for the purposes of this article. All private and public funds received through gifts, grants, or donations by the department of public safety or by the commission shall be transmitted to the state treasurer, who shall credit the same to the Colorado commission on criminal and juvenile justice cash fund, which fund is hereby created and referred to in this article as the “cash fund”. Any moneys in the cash fund not expended for the purposes of this article shall be invested by the state treasurer as provided in section 24-36-113, C.R.S. All interest and income derived from the investment and deposit of moneys in the cash fund shall be credited to the cash fund. Any unexpended and unencumbered moneys remaining in the cash fund at the end of any fiscal year shall remain in the cash fund and shall not be credited or transferred to the general fund or any other fund.    The department of public safety shall not be required to solicit gifts, grants, or donations from any source for the purposes of this article.     History. Source: L. 2007: Entire article added, p. 1104, § 1, effective May 23.
CO Code § 16-11.3-105 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 11.3 - Colorado Commission on Criminal and Juvenile Justice|§ 16-11.3-105. Repeal of Article

 This article 11.3 is repealed, effective July 1, 2023. Prior to such repeal, the department of regulatory agencies shall review the commission as described in section 2-3-1203 .   History. Source: L. 2007: Entire article added, p. 1105, § 1, effective May 23. L. 2013: Entire section amended,(SB 13-007), ch. 334, p. 1945, § 1, effective May 28. L. 2018: Entire section amended,(HB 18-1287), ch. 318, p. 1909, § 1, effective May 30.
CO Code § 16-11.5-101 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 11.5 - Substance Abuse in the Criminal Justice System|§ 16-11.5-101. Legislative Declaration

 The general assembly hereby declares that substance abuse, specifically the abuse of alcohol and controlled substances, is a major problem in the criminal justice system of the state of Colorado and in the entire nation. Substance abuse is a significant factor in the commission of crimes and it is a significant factor in impeding the rehabilitation of persons convicted of crimes which results in an increased rate of recidivism. Therefore, the general assembly hereby resolves to curtail the disastrous effects of substance abuse in the criminal justice system by providing for consistency in the response to substance abuse throughout the criminal justice system and to improve and standardize substance abuse treatment for offenders at each stage of the criminal justice system and to provide punitive measures for offenders who refuse to cooperate with and respond to substance abuse treatment while such offenders are involved with the criminal justice system.   History. Source: L. 91: Entire article added, p. 437, § 3, effective May 29.