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 5 - COMMENCEMENT OF CRIMINAL ACTION (§§ 16-5-101 — 16-5-501) › Part 3 - PRELIMINARY HEARING (§ 16-5-301) › Section 16-5-301 - Preliminary hearing or waiver - dispositional hearing

(1)
(a)
Every person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony by direct information or felony complaint has the right to demand and receive a preliminary hearing within a reasonable time to determine whether probable cause exists to believe that the offense charged in the information or felony complaint was committed by the defendant. In addition, only those persons accused of a class 4, 5, or 6 felony by direct information or felony complaint which felony requires mandatory sentencing or is a crime of violence as defined in section
18-1.3-406
, C.R.S., or is a sexual offense under part 4 of article
3
of title
18
, C.R.S., shall have the right to demand and receive a preliminary hearing within a reasonable time to determine whether probable cause exists to believe that the offense charged in the information or felony complaint was committed by the defendant. The procedure to be followed in asserting the right to a preliminary hearing and the time within which demand therefor must be made, as well as the time within which the hearing, if demanded, shall be had, shall be as provided by applicable rule of the supreme court of Colorado. A failure to observe and substantially comply with such rule shall be deemed a waiver of this right to a preliminary hearing.
(b)
(I)
No person accused of a class 4, 5, or 6 felony or level 3 or level 4 drug felony by direct information or felony complaint, except those which require mandatory sentencing or which are crimes of violence as defined in section
18-1.3-406
, C.R.S., or which are sexual offenses under part 4 of article
3
of title
18
, C.R.S., shall have the right to demand or receive a preliminary hearing; except that such person shall participate in a dispositional hearing for the purposes of case evaluation and potential resolution.
(II)
Any defendant accused of a class 4, 5, or 6 felony or level 3 or level 4 drug felony who is not otherwise entitled to a preliminary hearing pursuant to subparagraph (I) of this paragraph (b), may demand and shall receive a preliminary hearing within a reasonable time pursuant to paragraph (a) of this subsection (1), if the defendant is in custody for the offense for which the preliminary hearing is requested; except that, upon motion of either party, the court shall vacate the preliminary hearing if there is a reasonable showing that the defendant has been released from custody prior to the preliminary hearing.
(III)
The chief justice of the Colorado supreme court is encouraged to promulgate rules defining the term "dispositional hearing" for purposes of this subsection (1)(b), section
18-1-404 (2)
, and section
19-2.5-609 (2)
.
(2)
If a person is accused of an unlawful sexual offense classified as a felony, upon the request of any party to the proceeding, the court may exclude from the preliminary hearing any member of the general public. In making a ruling for exclusion, the court shall:
(a)
Set forth sufficient findings of fact and conclusions of law to support the order; and
(b)
Make its order sufficiently narrow to protect the requesting party's compelling interest considering any reasonable alternative to exclusion for the entire hearing of all members of the general public.
(3)
The court may exempt a victim's advocate from any order entered pursuant to subsection (2) of this section. For the purposes of this section, "victim's advocate" means any person whose regular or volunteer duties include the support of an alleged victim of physical or sexual abuse or assault.
Amended by 2021 Ch. 136, § 21, eff. 10/1/2021.
Amended by 2014 Ch. 391, § 23, eff. 6/6/2014.
Amended by 2013 Ch. 333, § 40, eff. 10/1/2013.
L. 72: R&RE, p. 217, § 1. C.R.S. 1963: § 39-5-301. L. 73: p. 499, § 3. L. 87: Entire section amended, p. 603, § 2, effective July 1. L. 92: Entire section amended, p. 321, § 1, effective July 1. L. 98: (1) amended, p. 1272, § 1, effective July 1. L. 2000: (1)(b)(II) amended, p. 454, § 11, effective April 24. L. 2002: (1)(a) and (1)(b)(I) amended, p. 1490, § 133, effective October 1. L. 2013: (1)(a) and (1)(b)(II) amended, (SB 13-250), ch. 333, p. 1929, § 40, effective October 1. L. 2014: (1)(b)(I) amended, (SB 14-163), ch. 1979, p. 1979, § 23, effective June 6. L. 2021: (1)(b)(III) amended, (SB 21-059), ch. 712, p. 712, § 21, effective October 1.
For the legislative declaration contained in the 2002 act amending subsections (1)(a) and (1)(b)(I), see section 1 of chapter 318, Session Laws of Colorado 2002.