C.R.S.
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”.
Source:
Section 16-8-120 — Applicable tests for release, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-16.pdf (accessed Oct. 20, 2023).
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