C.R.S. Section 16-8.5-109
Advisement on matters to be determined

(1)

When a determination is to be made as to a defendant’s competency to proceed, the court shall explain to the defendant the nature and consequences of the proceeding and the rights of the defendant under this section. The defendant, if he or she wishes to contest the question, may request a competency hearing that shall then be granted as a matter of right.

(2)

At a competency hearing, the defendant and the prosecuting attorney are entitled:

(a)

To be present in person;

(b)

To examine any reports of the evaluation or other matter to be considered by the court as bearing upon the determination;

(c)

To introduce evidence, summon witnesses, cross-examine opposing witnesses or witnesses called by the court; and

(d)

To make opening and closing statements and arguments.

(3)

The court may examine or cross-examine any witness called by the defendant or prosecuting attorney at a competency hearing and may summon and examine witnesses on its own motion.

Source: Section 16-8.5-109 — Advisement on matters to be determined, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-16.­pdf (accessed Oct. 20, 2023).

Green check means up to date. Up to date

Current through Fall 2024

§ 16-8.5-109’s source at colorado​.gov