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 16-8-103.6 - Waiver of privilege

(1)
(a)
A defendant who places his or her mental condition at issue by pleading not guilty by reason of insanity pursuant to section
16-8-103
, or asserting the affirmative defense of impaired mental condition pursuant to section
16-8-103.5
, or disclosing witnesses who may provide evidence concerning the defendant's mental condition during 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, waives any claim of confidentiality or privilege as to communications made by the defendant to a physician or psychologist in the course of an examination or treatment for the mental condition for the purpose of any trial or hearing on the issue of the mental condition, or sentencing hearing conducted 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. The court shall order both the prosecutor and the defendant to exchange the names, addresses, reports, and statements of any physician or psychologist who has examined or treated the defendant for the mental condition.
(b)
This subsection (1) shall apply only to offenses committed before July 1, 1995.
(2)
(a)
A defendant who places his or her mental condition at issue by pleading not guilty by reason of insanity pursuant to section
16-8-103
or disclosing witnesses who may provide evidence concerning the defendant's mental condition during a sentencing hearing held pursuant to section
18-1.3-1201
for an offense charged prior to July 1, 2020, or pursuant to section
18-1.4-102
; or, for offenses committed on or after July 1, 1999, by seeking to introduce evidence concerning his or her mental condition pursuant to section
16-8-107(3)
waives any claim of confidentiality or privilege as to communications made by the defendant to a physician or psychologist in the course of an examination or treatment for the mental condition for the purpose of any trial or hearing on the issue of the mental condition, or sentencing hearing conducted pursuant to section
18-1.3-1201
for an offense charged prior to July 1, 2020, or pursuant to section
18-1.4-102
. The court shall order both the prosecutor and the defendant to exchange the names, addresses, reports, and statements of any physician or psychologist who has examined or treated the defendant for the mental condition.
(b)
This subsection (2) shall apply to offenses committed on or after July 1, 1995.
Amended by 2020 Ch. 61,§ 3, eff. 3/23/2020.
L. 87: Entire section added, p. 622, § 1, effective July 1. L. 95: Entire section amended, p. 73, § 6, effective July 1. L. 98: Entire section amended, p. 381, § 2, effective April 21. L. 99: (2)(a) amended, p. 403, § 5, effective July 1. L. 2002: (1)(a) and (2)(a) amended, p. 1491, § 136, effective October 1. L. 2002, 3rd Ex. Sess.: (2)(a) amended, p. 29, §§ 17, 18, effective July 12. L. 2008: (1)(a) and (2)(a) amended, p. 1850, § 4, effective July 1. L. 2020: (1)(a) and (2)(a) amended, (SB 20-100), ch. 205, p. 205, § 3, effective March 23.
For the legislative declaration contained in the 2002 act amending subsections (1)(a) and (2)(a), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration contained in the 2002 act amending subsection (2)(a), see section 16 of chapter 1 of the supplement to the Session Laws of Colorado 2002, Third Extraordinary Session. For the legislative declaration contained in the 2008 act amending subsections (1)(a) and (2)(a), see section 1 of chapter 389, Session Laws of Colorado 2008.