Colorado § 16-8.5-119 - Dismissal procedures.

Full text of Colorado Colorado Revised Statutes § 16-8.5-119 — Dismissal procedures., with citation guidance and answers to common questions.

§ 16-8.5-119. Dismissal procedures.

(1) If, after all applicable stays are lifted, the court dismisses a defendant's criminal case in which the defendant is incompetent to proceed at the time of dismissal:

(a) The court shall enter a written order with the court's legal and factual basis for the dismissal and provide the written order to the parties and CDHS;

(b) The court may order the bridges court liaison to assist with the defendant's case management planning and coordination of services, including coordinating with governmental entities or community-based organizations that are capable of providing resources to the defendant upon dismissal of charges;

(c) The charges are not eligible for sealing pursuant to section 24-72-705; and

(d) The court shall require CDHS to ensure that case management services and supports are made available to a defendant released from CDHS's custody pursuant to this article 8.5 after the defendant's criminal case is dismissed.

(2) Subject to the applicable statute of limitations, including any applicable tolling provisions, the district attorney may refile the charges dismissed pursuant to this section at a later time if the district attorney has reason to believe the defendant has since attained competency. The court shall note in the court's final order dismissing the case that the charges may be refiled, but the prosecution is not precluded from refiling merely because the court did not state so in the order.

Source: L. 2026: Entire article amended with relocations, (SB 26-149), ch. 142, p. 724, § 1, effective May 21.

Editor's note: (1) Prior to its recreation in 2026, this section was similar to former § 16-8-106.5 as it existed prior to 2008.

(2) Prior to its recreation in 2026, subsection (5) provided for the repeal of this section, effective July 1, 2010. (See L. 2008, p. 1848.)

Source: official Colorado text · Last verified 2026-08-27

Frequently Asked Questions About Colorado § 16-8.5-119

What does Colorado Revised Statutes § 16-8.5-119 cover?

Section 16-8.5-119 ("Dismissal procedures.") 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 § 16-8.5-119?

A common citation format is "Colorado Revised Statutes § 16-8.5-119" (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 § 16-8.5-119 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.