C.R.S.
Section 19-2.5-703.5
Waiver of privilege
- exchange of information
- admissibility of statements
(1)
When the court determines that a juvenile is incompetent to proceed, any claim of confidentiality or privilege by the juvenile or the juvenile’s parent or legal guardian is deemed waived within the case to allow the court and parties to determine issues related to the juvenile’s competency, restoration, and any management plan developed by the court pursuant to section 19-2.5-704 (3). The district attorney, defense attorney, guardian ad litem, the department, any competency evaluators, any restoration treatment providers, and the court are granted access, without written consent of the juvenile or further order of the court, to:(a)
Competency evaluations and restoration evaluations, including all second evaluations;(b)
Information and documents related to competency evaluations that are created, obtained, reviewed, or relied on by a competency evaluator performing a court-ordered competency evaluation;(c)
Information and documents relating to competency restoration that are created, obtained, reviewed, or relied on by a competency provider performing court-ordered restoration services;(d)
The competency evaluator, for the purpose of discussing the competency evaluation; and(e)
The providers of court-ordered restoration services for the purpose of discussing such services.(2)
Upon a request by either party or the court for information described in subsection (1) of this section, the competency evaluator or restoration services provider shall provide the information to the party or court for use in preparing for a competency hearing, restoration progress review hearing, restoration to competency hearing, or hearing regarding a management plan pursuant to section 19-2.5-704 (3) and for use in any such hearing.(3)
A competency evaluator or restoration services provider assigned pursuant to a court order issued pursuant to this article 2.5 shall provide procedural information to the district attorney, defense attorney, guardian ad litem, the department, any competency evaluators, any restoration treatment providers, and the court concerning:(a)
The juvenile’s location;(b)
The juvenile’s hospital or facility admission status;(c)
The status of evaluation procedures;(d)
The status of restoration services procedures; and(e)
Any other procedural information relevant to the juvenile’s competency, restoration, or management plan.(4)
Nothing in this section limits the court’s ability to order, in addition to the information set forth in subsections (1) and (3) of this section, additional information be provided to the district attorney, defense attorney, guardian ad litem, the department, any competency evaluator, any restoration treatment provider, and the court, unless it is otherwise protected from disclosure by other law. Nothing in this section limits the information that is available with the written consent of the juvenile.(5)
The court shall order the parties to exchange the names, addresses, reports, and statements of each physician or psychologist who examined or treated the juvenile for competency.(6)
Evidence obtained during a competency evaluation or during competency restoration services that is related to the juvenile’s competency or incompetency is only admissible to determine the juvenile’s competency, incompetency, or to determine orders related to restoration, restoration services, or a management plan and is not admissible on the issues raised by a plea of not guilty.
Source:
Section 19-2.5-703.5 — Waiver of privilege - exchange of information - admissibility of statements, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-19.pdf (accessed Oct. 20, 2023).
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