Colorado § 18-1.3-1405 - Mentally incompetent to be executed - untimely or successive motions.
Full text of Colorado Colorado Revised Statutes § 18-1.3-1405 — Mentally incompetent to be executed - untimely or successive motions., with citation guidance and answers to common questions.
§ 18-1.3-1405. Mentally incompetent to be executed - untimely or successive motions.
(1) A motion raising the issue of whether a convicted person is mentally incompetent to be executed that is filed pursuant to section 18-1.3-1404 fewer than thirty-five days before the scheduled execution is untimely and shall not be considered by the court unless it is accompanied by both of the following:
(a) At least one affidavit from a licensed physician, licensed psychiatrist, or licensed psychologist who has examined the convicted person that states the physician's, psychiatrist's, or psychologist's opinion that the convicted person is mentally incompetent to be executed; and
(b) A statement that establishes good cause for the failure to file the motion in a timely manner.
(2) (a) Except as provided in paragraph (b) of this subsection (2), if the court has determined, pursuant to section 18-1.3-1404 or 18-1.3-1406 (3), that a convicted person is not mentally incompetent to be executed, no further consideration of the convicted person's mental incompetence to be executed may be granted by the court.
(b) A successive motion raising the issue of whether a convicted person is mentally incompetent to be executed may be filed only if the successive motion is accompanied by an affidavit from a licensed physician, licensed psychiatrist, or licensed psychologist who has examined the convicted person that shows a substantial change of circumstances since the previous motion was denied or the prior determination of restoration to competency to be executed was made and the showing is sufficient to raise a significant question regarding whether the convicted person is mentally incompetent to be executed.
Source: L. 2002: Entire article added with relocations, p. 1462, § 2, effective October 1. L. 2012: IP(1) amended, (SB 12-175), ch. 208, p. 870, § 124, effective July 1.
Editor's note: This section is similar to former § 16-8-305 as it existed prior to 2002.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 18-1.3-1405
What does Colorado Revised Statutes § 18-1.3-1405 cover?
Section 18-1.3-1405 ("Mentally incompetent to be executed - untimely or successive motions.") 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 § 18-1.3-1405?
A common citation format is "Colorado Revised Statutes § 18-1.3-1405" (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 § 18-1.3-1405 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.