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 - Pleading insanity as a defense

(1)
(a)
The defense of insanity may only be raised by a specific plea entered at the time of arraignment; except that the court, for good cause shown, may permit the plea to be entered at any time prior to trial. The form of the plea shall be: "Not guilty by reason of insanity"; and it must be pleaded orally either by the defendant or by the defendant's counsel. A defendant who does not raise the defense as provided in this section shall not be permitted to rely upon insanity as a defense to the crime charged but, when charged with a crime requiring a specific intent as an element thereof, may introduce evidence of the defendant's mental condition as bearing upon his or her capacity to form the required specific intent. The plea of not guilty by reason of insanity includes the plea of not guilty.
(b)
This subsection (1) shall apply only to offenses committed before July 1, 1995.
(1.5)
(a)
The defense of insanity may only be raised by a specific plea entered at the time of arraignment; except that the court, for good cause shown, may permit the plea to be entered at any time prior to trial. The form of the plea shall be: "Not guilty by reason of insanity"; and it must be pleaded orally either by the defendant or by the defendant's counsel. The plea of not guilty by reason of insanity includes the plea of not guilty.
(b)
This subsection (1.5) shall apply to offenses committed on or after July 1, 1995.
(2)
If counsel for the defendant believes that a plea of not guilty by reason of insanity should be entered on behalf of the defendant but the defendant refuses to permit the entry of the plea, counsel may so inform the court. The court shall then conduct such investigation as it deems proper, which may include the appointment of psychiatrists or forensic psychologists to assist in examining the defendant and advising the court. After its investigation the court shall conduct a hearing to determine whether the plea should be entered. If the court finds that the entry of a plea of not guilty by reason of insanity is necessary for a just determination of the charge against the defendant, it shall enter the plea on behalf of the defendant, and the plea so entered shall have the same effect as though it had been voluntarily entered by the defendant himself or herself.
(3)
If there has been no grand jury indictment or preliminary hearing prior to the entry of the plea of not guilty by reason of insanity, the court shall hold a preliminary hearing prior to the trial of the insanity issue. If probable cause is not established, the case shall be dismissed, but the court may order the district attorney to institute civil proceedings pursuant to article
65
of title
27
, C.R.S., if it appears that the protection of the public or the accused requires it.
(4)
Before accepting a plea of not guilty by reason of insanity, the court shall advise the defendant of the effect and consequences of the plea.
Amended by 2013 Ch. 115, § 2, eff. 8/7/2013.
L. 72: R&RE, p. 226, § 1. C.R.S. 1963: §
39-8-103
. L. 75: (3) amended, p. 926, § 26, effective July 1. L. 95: (1) amended and (1.5) added, p. 73, § 4, effective July 1. L. 2010: (3) amended, (SB 10 -175), ch. 188, p. 783, § 21, effective April 29. L. 2013: (2) amended, (SB 13-116), ch. 115, p. 393, § 2, effective August 7.