Colorado § 16-8.5-107 - Use of defendant's statements.
Full text of Colorado Colorado Revised Statutes § 16-8.5-107 — Use of defendant's statements., with citation guidance and answers to common questions.
§ 16-8.5-107. Use of defendant's statements.
(1) Except as otherwise provided in this section, evidence acquired directly or indirectly for the first time from a communication derived from the defendant's mental processes during the course of a competency evaluation or involuntary medication proceeding is not admissible against the defendant on the issues raised by a plea of not guilty, or, if the offense occurred before July 1, 1995, a plea of not guilty by reason of impaired mental condition. The evidence may be admissible at trial to rebut evidence introduced by the defendant of the defendant's mental condition to show the defendant's incapacity to form a culpable mental state; and, in that case, the evidence may only be considered by the trier of fact as bearing upon the question of capacity to form a culpable mental state, and the jury shall be so instructed at the request of either party.
(2) Evidence acquired directly or indirectly for the first time from a communication derived from the defendant's mental processes during the course of a competency evaluation or involuntary medication proceeding is admissible at any sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.3-1302 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102 only to prove the existence or absence of any mitigating factor.
(3) If the defendant testifies on the defendant's own behalf upon the trial of the issues raised by the plea of not guilty or, for offenses that occurred before July 1, 1995, a plea of not guilty by reason of impaired mental condition, or at a sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.3-1302 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102, this section does not bar any evidence used to impeach or rebut the defendant's testimony.
Source: L. 2026: Entire article amended with relocations, (SB 26-149), ch. 142, p. 692, § 1, effective May 21.
Editor's note: (1) This section was relocated to § 16-8.5-111 (5) in 2026.
(2) This section is similar to former § 16-8.5-108 (1) as it existed prior to 2026.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 16-8.5-107
What does Colorado Revised Statutes § 16-8.5-107 cover?
Section 16-8.5-107 ("Use of defendant's statements.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 16-8.5-107?
A common citation format is "Colorado Revised Statutes § 16-8.5-107" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 16-8.5-107 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.