C.R.S. Section 19-2.5-702
Incompetent to proceed

  • effect
  • how and when raised

(1)

This part 7 applies only to proceedings brought pursuant to this title 19.

(2)

A juvenile must not be tried or sentenced if the juvenile is incompetent to proceed, as defined in section 19-2.5-701.5, at that stage of the proceedings. Juveniles, like adults, are presumed competent to proceed, as defined in section 19-2.5-701.5, until such time as they are found incompetent to proceed through a decision by the court. A determination of competency must include an evaluation of intellectual and developmental disabilities, mental health disorders, and mental capacity. Age alone is not determinative of incompetence without a finding that the juvenile actually lacks the relevant capacities for competence.

(3)

When a party specified in this subsection (3) has reason to believe that a juvenile is incompetent to proceed in a delinquency action, the party shall raise the question of the juvenile’s competency in the following manner:

(a)

On its own motion, the court shall suspend the proceeding and determine the competency or incompetency of the juvenile pursuant to section 19-2.5-703;

(b)

By motion of the prosecution, probation officer, guardian ad litem, or defense, made in advance of the commencement of the particular proceeding. The motion may be filed after the commencement of the proceeding if, for good cause shown, the juvenile’s mental health was unknown or unapparent before the commencement of the proceeding.

(c)

By the juvenile’s parent or legal guardian.

(4)

If the issue of competency is raised at the time charges are filed or at any time thereafter and the juvenile is not represented by counsel, the court may immediately appoint counsel and may also appoint a guardian ad litem to ensure the best interests of the juvenile are addressed in accordance with existing law.

Source: Section 19-2.5-702 — Incompetent to proceed - effect - how and when raised, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-19.­pdf (accessed Oct. 20, 2023).

19‑2.5‑101
Legislative declaration 19‑2.5‑102
Definitions 19‑2.5‑103
Jurisdiction 19‑2.5‑104
Venue 19‑2.5‑105
Representation of petitioner 19‑2.5‑106
Victim’s right to attend dispositional, review, and restitution proceedings 19‑2.5‑107
Parental accountability - legislative intent 19‑2.5‑108
Effect of proceedings - definition 19‑2.5‑109
Saving clause 19‑2.5‑110
Outstanding balances owed by juveniles - report - repeal 19‑2.5‑201
Preliminary investigation 19‑2.5‑202
Consent to search 19‑2.5‑203
Statements - definitions 19‑2.5‑204
Issuance of a lawful warrant taking a juvenile into custody 19‑2.5‑205
Search warrants - issuance - grounds 19‑2.5‑206
Search warrants - application 19‑2.5‑207
Fingerprinting - juvenile under arrest - ordered by court - definition 19‑2.5‑208
Petty tickets - summons - contracts - data 19‑2.5‑209
Taking juvenile into custody 19‑2.5‑301
Legislative declaration 19‑2.5‑302
Local juvenile services planning committee - creation - duties - identification and notification of dually identified crossover youth 19‑2.5‑303
Duty of officer - screening teams - notification - release or detention 19‑2.5‑304
Limitations on detention 19‑2.5‑305
Detention and shelter - hearing - time limits - findings - review - guardian ad litem appointed - confinement with adult offenders - restrictions 19‑2.5‑306
Conditions of release - personal recognizance bond 19‑2.5‑401
Diversion 19‑2.5‑402
Juvenile diversion program - authorized - report - allocation of money - legislative declaration - definitions 19‑2.5‑403
Juvenile diversion cash fund - creation 19‑2.5‑501
Summons - issuance - contents - service - legislative declaration 19‑2.5‑502
Petition initiation - petition form and content 19‑2.5‑503
Aggravated juvenile offender 19‑2.5‑601
Appointment of guardian ad litem 19‑2.5‑602
General procedure for juvenile hearings 19‑2.5‑604
Open hearings 19‑2.5‑605
Advisement - right to counsel - waiver of right to counsel - definition 19‑2.5‑606
Preadjudication service program - creation 19‑2.5‑607
Mandatory protection order 19‑2.5‑608
Fingerprinting - ordered by court - definition 19‑2.5‑609
Preliminary hearing - dispositional hearing 19‑2.5‑610
Right to jury trial 19‑2.5‑611
Contempt - warrant - legislative declaration 19‑2.5‑612
Mental health services for juvenile - how and when issue raised - procedure - definitions 19‑2.5‑613
Advisement of services 19‑2.5‑701
Legislative declaration 19‑2.5‑701.5
Definitions 19‑2.5‑702
Incompetent to proceed - effect - how and when raised 19‑2.5‑703
Determination of incompetency to proceed 19‑2.5‑703.5
Waiver of privilege - exchange of information - admissibility of statements 19‑2.5‑704
Procedure after determination of competency or incompetency 19‑2.5‑705
Restoration to competency hearing 19‑2.5‑706
Procedure after restoration to competency hearing 19‑2.5‑707
Evaluation at the request of the juvenile 19‑2.5‑801
Direct filing - definition 19‑2.5‑802
Transfers 19‑2.5‑901
Informal adjustment 19‑2.5‑902
Entry of plea 19‑2.5‑903
Deferral of adjudication 19‑2.5‑904
Speedy trial - procedural schedule 19‑2.5‑905
Evidentiary considerations 19‑2.5‑906
Admissibility of evidence - legislative declaration - definitions 19‑2.5‑907
Procedures at trial 19‑2.5‑908
Method of jury selection 19‑2.5‑909
Motion for new trial 19‑2.5‑910
Adjudication - collateral relief - application - definitions 19‑2.5‑1001
Short title 19‑2.5‑1002
Definitions 19‑2.5‑1003
Teen court program - supervising courts 19‑2.5‑1004
Procedures - hearings 19‑2.5‑1005
Alternative procedures 19‑2.5‑1101
Presentence investigation 19‑2.5‑1102
Sentencing hearing 19‑2.5‑1103
Sentencing schedule - options 19‑2.5‑1104
Sentencing - restitution by juvenile 19‑2.5‑1105
Sentencing - fines 19‑2.5‑1106
Sentencing - probation - supervised community service or work program 19‑2.5‑1107
Juvenile probation officers - powers and duties 19‑2.5‑1108
Probation - terms - release - revocation - graduated responses system - rules - report - definition 19‑2.5‑1109
Juvenile probation standards - development 19‑2.5‑1110
Sentencing - requirements imposed on parents - definition 19‑2.5‑1111
Sentencing - community accountability program 19‑2.5‑1112
Sentencing - placement with relative 19‑2.5‑1113
Sentencing - alternative services - detention 19‑2.5‑1114
Sentencing - placement based on special needs of the juvenile 19‑2.5‑1115
Sentencing - legal custody - county department of human or social services 19‑2.5‑1116
Orders - community placement - reasonable efforts required - reviews 19‑2.5‑1117
Sentencing - commitment to the department of human services - definitions 19‑2.5‑1118
Sentencing - persons eighteen years of age or older - county jail - community corrections - definitions 19‑2.5‑1118.5
Sentencing - alternative options for pregnant and postpartum juveniles - legislative declaration - definitions 19‑2.5‑1119
Genetic testing of adjudicated offenders - definitions 19‑2.5‑1120
Cost of care 19‑2.5‑1121
Fees for transporting juveniles 19‑2.5‑1122
Sentencing - animal cruelty - anger management treatment 19‑2.5‑1123
Sentencing - mandatory detention - weapons and crimes of violence 19‑2.5‑1125
Petitions - special offenders 19‑2.5‑1126
Sentencing - special offenders 19‑2.5‑1127
Aggravated juvenile offender - definition 19‑2.5‑1201
Juvenile parole board - creation - membership - authority - rules 19‑2.5‑1202
Juvenile parole - organization 19‑2.5‑1203
Juvenile parole - hearing panels - definition 19‑2.5‑1204
Parole officers - powers - duties 19‑2.5‑1205
Administrative law judges 19‑2.5‑1206
Parole violation and revocation 19‑2.5‑1301
Appeals 19‑2.5‑1302
Posttrial bail 19‑2.5‑1401
Responsible agencies 19‑2.5‑1402
Juvenile community review board 19‑2.5‑1404
Working group for criteria for placement of juvenile offenders - establishment of formula - review of criteria - report 19‑2.5‑1405
Working group - allocation of beds 19‑2.5‑1406
Juvenile probation departments or divisions - service agreements 19‑2.5‑1407
Appropriations to department of human services for services to juveniles - definition - repeal 19‑2.5‑1407.3
Appropriation to the department of human services - allocation to judicial districts - provider incentives - temporary emergency detention beds - repeal 19‑2.5‑1408
Victim-offender conferences - pilot program 19‑2.5‑1409
Juvenile intensive supervision program - creation - elements - role of judicial department 19‑2.5‑1410
Community accountability program - legislative declaration - creation 19‑2.5‑1411
Parental responsibility training programs - criteria 19‑2.5‑1412
Youth corrections monetary incentives award program - designated monetary custodian 19‑2.5‑1501
Division of youth services - created - interagency agreements - duties of administrators of facilities in connection with voter registration and casting of ballots - reports - definitions 19‑2.5‑1502
Human services facilities - authority 19‑2.5‑1503
Eminent domain - detention facility site 19‑2.5‑1504
Facility directors - duties 19‑2.5‑1505
Juvenile facility employees - rules 19‑2.5‑1506
Detention center sexual assault prevention program - reports 19‑2.5‑1507
Facilities - control and restraint - liability - duty to pursue runaways 19‑2.5‑1508
Out-of-home placement - runaways - duty to notify 19‑2.5‑1509
Administration or monitoring of medications to persons in juvenile institutional facilities 19‑2.5‑1510
Facility publications 19‑2.5‑1511
Juvenile detention services and facilities to be provided by department of human services - education - expenses - definition 19‑2.5‑1511.5
Policies concerning use of telephones and other communications services by juvenile detention facilities 19‑2.5‑1512
Use of juvenile detention beds 19‑2.5‑1513
Juvenile detention facilities - catchment areas 19‑2.5‑1514
Juvenile detention bed cap 19‑2.5‑1515
Judicial districts - plans for the cap 19‑2.5‑1516
Juvenile detention facilities - behavioral or mental health disorder screening 19‑2.5‑1517
Transfer of detention facilities and equipment 19‑2.5‑1518
Commitment to department of human services 19‑2.5‑1519
Contracts and agreements with public and private agencies 19‑2.5‑1520
Private facilities for juvenile offenders - requests for proposals - rules 19‑2.5‑1522
Juveniles committed to department of human services - emergency release 19‑2.5‑1523
Receiving centers - designation 19‑2.5‑1524
Juveniles - medical benefits application assistance - county of residence - rules 19‑2.5‑1525
Juveniles committed to department of human services - evaluation and placement 19‑2.5‑1526
Facility rules - academic and vocational courses - repeal 19‑2.5‑1527
Lookout Mountain school 19‑2.5‑1528
Mount View school 19‑2.5‑1529
Youth camps 19‑2.5‑1530
Alternate placement 19‑2.5‑1531
Juveniles committed to the department of human services - prohibition against the use of restraints on pregnant juveniles 19‑2.5‑1532
Juveniles committed to department of human services - transfers
Green check means up to date. Up to date

Current through Fall 2024

§ 19-2.5-702’s source at colorado​.gov