reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 3 - PLEA DISCUSSIONS AND PLEA AGREEMENTS (§§ 16-7-301 — 16-7-304) › Section 16-7-304 - Charges for bad checks

The department or agency supervising the collection of restitution agreed to as a condition of a plea agreement, including dismissal of a charge, may assess a charge of fifteen dollars to a defendant for collection of each bad check or each bad check received as a restitution payment. For the purposes of this section, "bad check" means a check or similar sight order for the payment of money which is dishonored by the bank or other drawee because the issuer does not have sufficient funds upon deposit with the bank or other drawee to pay the check or order upon presentation within thirty days after issue.
L. 84: Entire section added, p. 488, § 1, effective July 1. L. 87: Entire section amended, p. 620, § 1, effective July 1.
For charges for bad checks received as a restitution payment ordered as a condition of a deferred prosecution or deferred sentence, see § 16-7-404; for assessment of a penalty for a dishonored check presented as a payment for restitution, see § 16-18.5-108.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 4 - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-401 — 16-7-404) › Section 16-7-401 - [Repealed]

L. 72: R&RE, p. 224, § 1. C.R.S. 1963: § 39-7-401. L. 75: (2) amended, p. 610, § 1, effective June 26. L. 77: (1) amended, p. 860, § 1, effective May 24. L. 81: (1) amended, p. 930, § 1, effective May 13. L. 83: (2) amended, p. 664, § 3, effective July 1. L. 85: (1) amended, p. 616, § 7, effective July 1. L. 94: (1) amended, p. 2036, § 15, effective July 1. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.
In 2002, this section was relocated to section
18-1.3-101
.
For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 4 - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-401 — 16-7-404) › Section 16-7-402 - [Repealed]

L. 72: R&RE, p. 224, § 1. C.R.S. 1963: § 39-7-402. L. 81: Entire section amended, p. 930, § 2, effective May 13. L. 82: (1) repealed, p. 309, § 2, effective March 11. L. 2000: (2) amended, p. 235, § 4, effective July 1. L. 2001: (3) added, p. 658, § 6, effective May 30. L. 2002: (2) amended, p. 665, § 8, effective May 28; (3) amended, p. 1182, § 6, effective July 1; entire section repealed, p. 1463, § 3, effective October 1.
House Bill 02-1229 amended subsection (2). Senate Bill 02-010 amended subsection (3). This section as amended by House Bill 02-1229 and Senate Bill 02-010 was subsequently harmonized with House Bill 02-1046 and relocated to section
18-1.3-210
.
For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 4 - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-401 — 16-7-404) › Section 16-7-403 - [Repealed]

L. 75: Entire section added, p. 611, § 1, effective February 9. L. 83: (2) amended, p. 664, § 4, effective July 1. L. 85: (1) amended, p. 617, § 8, effective July 1; (1) amended, p. 1371, § 50, effective July 1. L. 87: (1) and (2) amended, p. 614, § 2, effective July 1. L. 93: (2) amended, p. 1727, § 5, effective July 1. L. 97: (2) amended, p. 1541, § 7, effective July 1. L. 98: (4) added, p. 948, § 8, effective May 27. L. 2002: (2) amended, p. 760, § 9, effective July 1; entire section repealed, p. 1463, § 3, effective October 1.
House Bill 02-1225 amended subsection (2). This section as amended by House Bill 02-1225 was subsequently harmonized with House Bill 02-1046 and relocated to section
18-1.3-102
.
For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 4 - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-401 — 16-7-404) › Section 16-7-403.5 - [Repealed]

L. 96: Entire section added, p. 1279, § 1, effective June 1.
Subsection (4) provided for the repeal of this section, effective July 1, 2001. (See L. 96, p. 1279.)
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 4 - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-401 — 16-7-404) › Section 16-7-403.7 - [Repealed]

L. 2000: Entire section added, p. 489, § 1, effective May 4. L. 2002: (5) amended, p. 979, § 1, effective July 1; entire section repealed, p. 1463, § 3, effective October 1.
Senate Bill 02-018 amended subsection (5). This section as amended by Senate Bill 02-018 was subsequently harmonized with House Bill 02-1046 and relocated to section
18-1.3-103
. Section
18-1.3-103
was subsequently repealed, effective July 1, 2006.
For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 7 - SEPARATE TRIAL - ARRAIGNMENT - PLEA AGREEMENTS - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-101 — 16-7-404) › Part 4 - DEFERRED PROSECUTION AND DEFERRED SENTENCING (§§ 16-7-401 — 16-7-404) › Section 16-7-404 - Charges for bad checks

The department or agency supervising the collection of restitution ordered as a condition of a deferred prosecution or deferred sentence pursuant to this part 4 may assess a charge of fifteen dollars to a defendant for collection of each bad check or each bad check received as a restitution payment. For the purposes of this section, "bad check" means a check or similar sight order for the payment of money which is dishonored by the bank or other drawee because the issuer does not have sufficient funds upon deposit with the bank or other drawee to pay the check or order upon presentation within thirty days after issue.
L. 84: Entire section added, p. 488, § 2, effective July 1. L. 87: Entire section amended, p. 620, § 2, effective July 1.
For charges for bad checks received as a restitution payment ordered as a condition of a plea agreement, see § 16-7-304; for assessment of a penalty for a dishonored check presented as a payment for restitution, see § 16-18.5-108.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-101 - Insanity defined - offenses committed before July 1, 1995

(1)
The applicable test of insanity shall be, and the jury shall be so instructed: "A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act is not accountable. But care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives, and kindred evil conditions, for when the act is induced by any of these causes the person is accountable to the law.".
(2)
The term "diseased or defective in mind", as used in subsection (1) of this section, does not refer to an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
(3)
This section shall apply to offenses committed before July 1, 1995.
L. 72: R&RE, p. 225, § 1. C.R.S. 1963: §
39-8-101
. L. 83: Entire section amended, p. 672, § 1, effective July 1. L. 84: (1) amended, p. 490, § 1, effective February 6. L. 95: (3) added, p. 71, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-101.3 - Legislative intent in enacting section 16-8-101.5 and in making conforming amendments

The intent of the general assembly in enacting section
16-8-101.5
and making conforming amendments to sections
16-8-101
to
16-8-104
,
16-8-106
,
16-8-110
,
16-8-114
,
16-8-115
, and
16-8-120
in 1995, and in enacting clarifying provisions in this section and sections
16-8-104.5
and
16-8-105.5
and making conforming amendments to sections
16-8-105
and
16-8-107
and sections
18-1-802
and
18-1-803
, C.R.S., in 1996, was to combine the defense of not guilty by reason of insanity and the affirmative defense of impaired mental condition into the affirmative defense of not guilty by reason of insanity and to create a unitary process for hearing the issues raised by said affirmative defense to apply to offenses committed on or after July 1, 1995.
L. 96: Entire section added, p. 3, § 1, effective January 31.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-101.5 - Insanity defined - offenses committed on and after July 1, 1995 - definitions

(1)
The applicable test of insanity shall be:
(a)
A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act is not accountable; except that care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives and kindred evil conditions, for, when the act is induced by any of these causes, the person is accountable to the law; or
(b)
A person who suffered from a condition of mind caused by mental disease or defect that prevented the person from forming a culpable mental state that is an essential element of a crime charged, but care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives and kindred evil conditions because, when the act is induced by any of these causes, the person is accountable to the law.
(2)
As used in this section:
(a)
"Diseased or defective in mind" does not refer to an abnormality manifested only by repeated criminal or otherwise antisocial conduct. Evidence of knowledge or awareness of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation shall not constitute inability to distinguish right from wrong.
(b)
"Gender identity" and "gender expression" have the same meaning as in section
18-1-901(3)
(h.5).
(c)
"Mental disease or defect" includes only those severely abnormal mental conditions that grossly and demonstrably impair a person's perception or understanding of reality and that are not attributable to the voluntary ingestion of alcohol or any other psychoactive substance but does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
(d)
"Sexual orientation" has the same meaning as in section
18-9-121(5)(b)
.
(3)
This section shall apply to offenses committed on or after July 1, 1995.
Amended by 2021 Ch. 423,§14, eff. 7/2/2021.
Amended by 2020 Ch. 279,§2, eff. 7/13/2020.
L. 95: Entire section added, p. 71, § 2, effective July 1. L. 2020: (2) amended, (SB 20-221), ch. 279, p. 1365, § 2, effective July 13. L. 2021: IP(2) amended, (SB 21-266), ch. 2800, p. 2800, § 14, effective July 2.
For the legislative declaration in SB 20-221, see section 1 of chapter 279, Session Laws of Colorado 2020.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-103.7 - Examination after entry of defenses of insanity and impaired mental condition

(1)
(a)
When, at the time of arraignment, the defense of insanity is raised, pursuant to section
16-8-103
, and the defendant asserts his or her intention to raise the affirmative defense of impaired mental condition, pursuant to section
16-8-103.5
, the court shall order one examination of the defendant with regard to both defenses pursuant to section
16-8-106
.
(b)
This subsection (1) shall apply only to offenses committed before July 1, 1995.
(2)
(a)
When, at the time of arraignment, the defense of insanity is raised pursuant to section
16-8-103
, the court shall order an examination of the defendant with regard to the insanity defense pursuant to section
16-8-106
.
(b)
This subsection (2) shall apply to offenses committed on or after July 1, 1995.
(3)
(a)
When the defendant gives notice pursuant to section
16-8-107(3)
that he or she intends to introduce evidence in the nature of expert opinion concerning his or her mental condition, the court shall order an examination of the defendant pursuant to section
16-8-106
.
(b)
The provisions of this subsection (3) shall apply to offenses committed on or after July 1, 1999.
L. 83: Entire section added, p. 673, § 3, effective July 1. L. 95: Entire section amended, p. 74, § 7, effective July 1. L. 99: (3) added, p. 404, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-104 - Separate trial of issues

The issues raised by the plea of not guilty by reason of insanity shall be tried separately to different juries, and the sanity of the defendant shall be tried first. This section shall apply only to offenses committed before July 1, 1995.
L. 72: R&RE, p. 226, § 1. C.R.S. 1963: §
39-8-104
. L. 95: Entire section amended, p. 74, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-104.5 - Single trial of issues

(1)
The issues raised by the plea of not guilty by reason of insanity shall be treated as an affirmative defense and shall be tried at the same proceeding and before the same trier of fact as the charges to which not guilty by reason of insanity is offered as a defense.
(2)
This section shall apply to offenses committed on or after July 1, 1995.
L. 96: Entire section added, p. 3, § 1, effective January 31.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-105 - Procedure after plea for offenses committed before July 1, 1995

(1)
When a plea of not guilty by reason of insanity is accepted, the court shall forthwith commit the defendant for a sanity examination, specifying the place and period of commitment.
(2)
Upon receiving the report of the sanity examination, the court shall immediately set the case for trial to a jury on the issue raised by the plea of not guilty by reason of insanity. In all cases except class 1, class 2, and class 3 felonies, the defendant may waive jury trial by an express written instrument or announcement in open court appearing of record. If the court and the district attorney consent, jury trial may be waived in a class 1, class 2, or class 3 felony case. Every person is presumed to be sane; but, once any evidence of insanity is introduced, the people have the burden of proving sanity beyond a reasonable doubt.
(3)
If the trier of fact finds the defendant was sane at the time of commission of the offense, the court, unless it has reason to believe that the defendant is incompetent to proceed or the question is otherwise raised as provided in section
16-8.5-102
, shall immediately set the case for trial on the issues raised by the plea of not guilty. If the question of whether the defendant is incompetent to proceed is raised, the court shall follow the procedure set forth in section
16-8.5-103
.
(4)
If the trier of fact finds the defendant not guilty by reason of insanity, the court shall commit the defendant to the custody of the department of human services until such time as he is found eligible for release. The executive director of the department of human services shall designate the state facility at which the defendant shall be held for care and psychiatric treatment and may transfer the defendant from one institution to another if in the opinion of the director it is desirable to do so in the interest of the proper care, custody, and treatment of the defendant or the protection of the public or the personnel of the facilities in question.
(5)
This section shall apply to offenses committed before July 1, 1995.
L. 72: R&RE, p. 226, § 1. C.R.S. 1963: §
39-8-105
. L. 75: (2) amended, p. 613, § 1, effective July 1. L. 94: (4) amended, p. 2648, § 118, effective July 1. L. 96: (5) added, p. 5, § 2, effective January 31. L. 2008: (3) amended, p. 1851, § 5, effective July 1.
For the legislative declaration contained in the 1994 act amending subsection (4), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 2008 act amending subsection (3), see section 1 of chapter 389, Session Laws of Colorado 2008.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-106.5 - [Repealed]

L. 2007: Entire section added, p. 40, § 1, effective March 8. L. 2008: Entire section repealed, p. 1854 § 7, effective July 1.
In 2008, this section was relocated to §
16-8.5-119
.
For the legislative declaration contained in the 2008 act repealing this section, see section 1 of chapter 389, Session Laws of Colorado 2008.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-108 - Examination at instance of defendant

(1)
(a)
If the defendant wishes to be examined by a psychiatrist, psychologist, or other expert of his own choice in connection with any proceeding under this article, the court, upon timely motion, shall order that the examiner chosen by the defendant be given reasonable opportunity to conduct the examination. An interview conducted pursuant to a court order under this section must be video and audio recorded and preserved. The court shall advise the defendant that any examination with a psychiatrist or forensic psychologist may be audio and video recorded. A copy of the recording must be provided to the prosecution with the examination report. Any jail or other facility where the court orders the examination to take place must permit the recording to occur and must provide the space and equipment necessary for such recording, if available. If space and equipment are not available, the sheriff or facility director shall attempt to coordinate a location and the availability of equipment with the court, which may consult with the district attorney and defense counsel for an agreed upon location. If no agreement is reached, and upon the request of either the defense counsel or district attorney, the court shall order the location of the examination, which may include the Colorado mental health institute at Pueblo.
(b)
Prior to or during any examination required by this section, the psychiatrist or forensic psychologist shall assess whether the recording of the examination is likely to cause or is causing mental or physical harm to the defendant or others. If such a determination is made and documented contemporaneously in writing, the psychiatrist or forensic psychologist shall not record the examination or shall cease recording the examination, and the psychiatrist or forensic psychologist shall advise the court and the parties of this determination and the reasons therefore in a written report to the court. If only a partial recording is made, the psychiatrist or forensic psychologist shall provide the partial recording to the court and the parties, and the partial recording may be used by any psychiatrist or forensic psychologist in forming an opinion, submitting a report, or testifying on the issue of the defendant's mental health.
(c)
The court shall determine the admissibility of any recording or partial recording, in whole or in part, subject to all available constitutional and evidentiary objections.
(2)
A copy of any report of examination of the defendant made at the instance of the defense shall be furnished to the prosecution a reasonable time in advance of trial.
Amended by 2016 Ch. 297, § 2, eff. 1/1/2017.
L. 72: R&RE, p. 229, § 1. C.R.S. 1963: §
39-8-108
. L. 87: (2) amended, p. 623, § 4, effective July 1. L. 2016: (1) amended, (SB 16-019), ch. 297, p. 1207, § 2, effective 1/1/2017.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-109 - Testimony of lay witnesses

In any trial or hearing in which the mental condition of the defendant is an issue, witnesses not specially trained in psychiatry or psychology may testify as to their observation of the defendant's actions and conduct, and as to conversations which they have had with him bearing upon his mental condition, and they shall be permitted to give their opinions or conclusions concerning the mental condition of the defendant.
L. 72: R&RE, p. 229, § 1. C.R.S. 1963: §
39-8-109
.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-110 - [Repealed]

L. 72: R&RE, p. 229, § 1. C.R.S. 1963: § 39-8-110. L. 76: (2)(c) amended, p. 530, § 1, effective April 9. L. 83: (1) amended, p. 675, § 6, effective July 1. L. 87: (2)(c) amended, p. 1170, § 7, effective March 13. L. 95: (1) amended, p. 76, § 10, effective July 1. L. 2001: (3) added, p. 407, § 3, effective April 19. L. 2008: Entire section repealed, p. 1855, § 8, effective July 1.
In 2008, this section was relocated to §
16-8.5-102
.
For the legislative declaration contained in the 2008 act repealing this section, see section 1 of chapter 389, Session Laws of Colorado 2008.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-111 - [Repealed]

L. 72: R&RE, p. 229, § 1. C.R.S. 1963: § 39-8-111. L. 2001: (1) amended and (4) added, p. 407, § 4, effective April 19. L. 2006: (1) amended and (3.5) added, p. 178, § 2, effective March 31. L. 2008: Entire section repealed, p. 1856, § 9, effective July 1.
In 2008, this section was relocated to §
16-8.5-103
.
For the legislative declaration contained in the 2008 act repealing this section, see section 1 of chapter 389, Session Laws of Colorado 2008.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-112 - [Repealed]

L. 72: R&RE, p. 230, § 1. C.R.S. 1963: § 39-8-112. L. 81: (2) R&RE and (3) and (4) added, p. 936, §§ 1, 2, effective 1/1/1982. L. 94: (2) amended, p. 2648, § 119, effective July 1. L. 2008: Entire section repealed, p. 1856, § 10, effective July 1.
In 2008, this section was relocated to §
16-8.5-111
.
For the legislative declaration contained in the 2008 act repealing this section, see section 1 of chapter 389, Session Laws of Colorado 2008.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-113 - [Repealed]

L. 72: R&RE, p. 230, § 1. C.R.S. 1963: § 39-8-113. L. 2009: Entire section repealed, (HB 09-1253), ch. 128, p. 552, §4, effective August 5.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-114 - Evidence concerning competency - inadmissibility

(1) and (2)
(Deleted by amendment, L. 2008, p. 1857, § 11, effective July 1, 2008.)
(3)
(a)
Evidence of any determination as to the defendant's competency or incompetency is not admissible on the issues raised by the pleas of not guilty or not guilty by reason of insanity or the affirmative defense of impaired mental condition. This paragraph (a) shall apply only to offenses committed before July 1, 1995.
(b)
Evidence of any determination as to the defendant's competency or incompetency is not admissible on the issues raised by the pleas of not guilty or not guilty by reason of insanity. This paragraph (b) shall apply to offenses committed on or after July 1, 1995.
L. 72: R&RE, p. 230, § 1. C.R.S. 1963: § 39-8-114. L. 79: (1) amended, p. 670, § 19, effective July 1. L. 83: (3) amended, p. 675, § 7, effective July 1. L. 95: (3) amended, p. 77, § 11, effective July 1. L. 2008: Entire section amended, p. 1857, § 11, effective July 1.
For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 389, Session Laws of Colorado 2008.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-114.5 - [Repealed]

L. 81: Entire section added, p. 937, § 3, effective 1/1/1982. L. 89: (2) amended, p. 867, § 1, effective April 27. L. 90: (1) amended, p. 954, § 20, effective June 7. L. 94: (1) amended, p. 2649, § 120, effective July 1. L. 2007: (2) amended, p. 1756, § 1, effective June 1. L. 2008: Entire section repealed, p. 1858, § 12, effective July 1.
In 2008, this section was relocated to §
16-8.5-116
.
For the legislative declaration contained in the 2008 act repealing this section, see section 1 of chapter 389, Session Laws of Colorado 2008.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-116 - Release by hospital authority

(1)
When the chief officer of the institution in which a defendant has been committed after a finding of not guilty by reason of insanity determines that the defendant no longer requires hospitalization because he no longer suffers from a mental disease or defect which is likely to cause him to be dangerous to himself, to others, or to the community in the reasonably foreseeable future, such chief officer shall report this determination to the court that committed the defendant and the prosecuting attorney, including in the report a report of examination equivalent to a release examination. The clerk of the court shall forthwith furnish a copy of the report to counsel for the defendant.
(2)
Within thirty-five days after receiving the report of the chief officer of the institution having custody of the defendant, the court shall set a hearing on the discharge of the defendant in accordance with section
16-8-115
, whether or not such report is contested.
(3)
Repealed.
L. 72: R&RE, p. 231, § 1. C.R.S. 1963: § 39-8-116. L. 83: (1) and (2) amended and (3) repealed, pp. 680, 681, §§ 2, 5, effective July 1. L. 86: (1) amended, p. 733, § 1, effective July 1. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 851, § 78, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 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.
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.
For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 389, Session Laws of Colorado 2008.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 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.
L. 72: R&RE, p. 232, § 1. C.R.S. 1963: § 39-8-119.
For representation of indigent persons generally, see § 21-1-103.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-120 - Applicable tests for release

(1)
As to any person charged with any crime allegedly committed on or after June 2, 1965, the test for determination of a defendant's sanity for release from commitment, or his eligibility for conditional release, shall be: "That the defendant has no abnormal mental condition which would be likely to cause him to be dangerous either to himself or to others or to the community in the reasonably foreseeable future".
(2)
As to any person charged with any crime allegedly committed prior to June 2, 1965, the test for determination of a defendant's sanity for release from commitment, or his eligibility for conditional release, shall be the test provided by law at the time of the alleged crime to determine the sanity or insanity of such defendant.
(3)
As to any person charged with any crime allegedly committed on or after July 1, 1983, the test for determination of a defendant's sanity for release from commitment, or his eligibility for conditional release, shall be: "That the defendant has no abnormal mental condition which would be likely to cause him to be dangerous either to himself or others or to the community in the reasonably foreseeable future, and is capable of distinguishing right from wrong and has substantial capacity to conform his conduct to requirements of law".
(4)
As to any person charged with any crime allegedly committed on or after July 1, 1983, but before July 1, 1995, resulting in commitment by reason of impaired mental condition, the test for determination of a defendant's mental condition for release from commitment, or a defendant's eligibility for conditional release, shall be: "That the defendant has no abnormal mental condition which would be likely to cause the defendant to be dangerous either to himself or herself or to others or to the community in the reasonably foreseeable future".
L. 72: R&RE, p. 232, § 1. C.R.S. 1963: § 39-8-120. L. 83: (3) added, p. 680, § 3, effective July 1; (4) added, p. 676, § 9, effective July 1. L. 95: (4) amended, p. 78, § 13, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 16-8-121 - Escape - return to institution

(1)
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.
(2)
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.
Amended by 2017 Ch. 263,§ 119, eff. 5/25/2017.
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.
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.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 1 - GENERAL PROVISIONS (§§ 16-8-101 — 16-8-122) › Section 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.
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.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 2 - [Repealed] (§ 16-8-201) › Section 16-8-201 - to 16-8-206 - [Repealed]

(1) This part 2 was added in 2000 and was not amended prior to its repeal in 2007; except that section 1 of House Bill 07-1336 provided for the repeal of section 16-8-205(2) and (3), effective May 10, 2007. (See L. 2007, p. 755.) For the text of this part 2 prior to 2007, consult the 2006 Colorado Revised Statutes.
(2) Section 16-8-206 provided for the repeal of this part 2, effective July 1, 2007. (See L. 2000, p. 1559.)
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8 - INSANITY - RELEASE (§§ 16-8-101 — 16-8-301) › Part 3 - [Repealed] (§ 16-8-301) › Section 16-8-301 - to 16-8-307 - [Repealed]

L. 2002: Entire part repealed, p. 1463, § 3, effective October 1.
This part 3 was added in 2001 and was not amended prior to its repeal in 2002. For the text of this part 3 prior to 2002, consult the 2001 Colorado Revised Statutes. The provisions of this part 3 were relocated to part 14 of article
1.3
of title
18
.
For the legislative declaration contained in the 2002 act repealing this part 3, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8.5 - COMPETENCY TO PROCEED (§§ 16-8.5-101 — 16-8.5-124) › Section 16-8.5-106 - Evaluation at request of defendant

(1)
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
.
(2)
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.
L. 2008: Entire article added, p. 1843, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8.5 - COMPETENCY TO PROCEED (§§ 16-8.5-101 — 16-8.5-124) › Section 16-8.5-107 - Counsel and evaluators for indigent defendants

In all proceedings brought pursuant to this article 8.5, the court shall appoint a competency evaluator or an attorney for the defendant at the state's expense upon motion of the defendant with proof that the defendant is indigent and without money to employ a competency evaluator or attorney to which the defendant is entitled pursuant to this article 8.5. The court shall pay for a second evaluation if a second evaluation is requested by an indigent defendant.
Amended by 2024 Ch. 372,§ 5, eff. 6/4/2024.
L. 2008: Entire article added, p. 1843, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8.5 - COMPETENCY TO PROCEED (§§ 16-8.5-101 — 16-8.5-124) › Section 16-8.5-108 - Evidence

(1)
(a)
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.
(b)
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.
(c)
If the defendant testifies on the defendant's 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
, this section does not bar any evidence used to impeach or rebut the defendant's testimony.
(2)
In any hearing concerning competency to proceed or restoration to competency, competency evaluators and other experts may testify as to the conclusions reached from their examination of hospital records, laboratory reports, X rays, electroencephalograms, and psychological test results if the material that the evaluators or experts 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.
Amended by 2024 Ch. 372,§ 6, eff. 6/4/2024.
Amended by 2020 Ch. 61, § 7, eff. 3/23/2020.
L. 2008: Entire article added, p. 1843, § 2, effective July 1. L. 2009: (1)(a) and (1)(b) amended, (HB 09-1253), ch. 550, p. 550, § 1, effective August 5. L. 2020: (1)(b) and (1)(c) amended, (SB 20 -100), ch. 208, p. 208, § 7, effective March 23.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8.5 - COMPETENCY TO PROCEED (§§ 16-8.5-101 — 16-8.5-124) › Section 16-8.5-109 - Advisement on matters to be determined

(1)
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 the defendant wishes to contest the question, may request a competency hearing that the court shall grant as a matter of right.
(2)
At a competency hearing, the defendant and the prosecuting attorney are entitled:
(a)
To be present in person;
(b)
To examine any reports of the competency evaluation or other matter to be considered by the court as bearing upon the determination;
(c)
To introduce evidence, summon witnesses, cross-examine opposing witnesses or witnesses called by the court; and
(d)
To make opening and closing statements and arguments.
(3)
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 the court's own motion.
Amended by 2024 Ch. 372,§ 7, eff. 6/4/2024.
L. 2008: Entire article added, p. 1844, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 8.5 - COMPETENCY TO PROCEED (§§ 16-8.5-101 — 16-8.5-124) › Section 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 the witness's observation of the defendant's actions and conduct and as to conversations that the witness had with the defendant bearing upon the defendant's mental condition. Any such witnesses, as part of the witness's testimony, must be permitted to give opinions or conclusions concerning the competency of the defendant.
Amended by 2024 Ch. 372,§ 8, eff. 6/4/2024.
L. 2008: Entire article added, p. 1845, § 2, effective July 1.