Waiver of privilege
(1)When a defendant raises the issue of competency to proceed, or when the court determines that the defendant is incompetent to proceed and orders that the defendant undergo restoration treatment, any claim by the defendant to confidentiality or privilege is deemed waived, and the district attorney, the defense attorney, and the court are granted access, without written consent of the defendant or further order of the court, to:
(a)Reports of competency evaluations, including second evaluations;
(b)Information and documents relating to the competency evaluation that are created by, obtained by, reviewed by, or relied on by an evaluator performing a court-ordered evaluation; and
(c)The evaluator, for the purpose of discussing the competency evaluation.
(2)Upon a request by either party or the court for the information described in subsection (1) of this section, the evaluator or treatment provider shall provide the information for use in preparing for a hearing on competency or restoration and for use during such a hearing.
(3)An evaluator or a facility providing competency evaluation or restoration treatment services pursuant to a court order issued pursuant to this article is authorized to provide, and shall provide, procedural information to the court, district attorney, or defense counsel, concerning the defendant’s location, the defendant’s hospital or facility admission status, the status of evaluation procedures, and other procedural information relevant to the case.
(4)Nothing in this section limits the court’s ability to order that information in addition to that set forth in subsections (1) and (3) of this section be provided to the evaluator, or to either party to the case, nor does it limit the information that is available after the written consent of the defendant.
(5)The court shall order both the prosecutor and the defendant or the defendant’s counsel to exchange the names, addresses, reports, and statements of each physician or psychologist who has examined or treated the defendant for competency.
(6)Statements made by the defendant in the course of any evaluation shall be protected as provided in section 16-8.5-108.
Section 16-8.5-104 — Waiver of privilege,
https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-16.pdf (accessed Oct. 20, 2023).