Colorado § 18-1.3-1406 - Persons mentally incompetent to be executed - restoration to competency.
Full text of Colorado Colorado Revised Statutes § 18-1.3-1406 — Persons mentally incompetent to be executed - restoration to competency., with citation guidance and answers to common questions.
§ 18-1.3-1406. Persons mentally incompetent to be executed - restoration to competency.
(1) The court may order a restoration hearing at any time on its own motion, on motion of an attorney for the state, or on motion of the convicted person's attorney. The court shall order a hearing if the executive director of the department of corrections files a report that the convicted person is no longer mentally incompetent to be executed.
(2) At the hearing, if the question is contested, the burden of submitting evidence and the burden of proof by clear and convincing evidence shall be upon the party asserting that the convicted person is mentally competent to be executed.
(3) At the hearing, the court shall determine whether the convicted person is mentally competent to be executed and, if so, shall order that the execution be conducted according to the original warrant issued pursuant to section 18-1.3-1205, if unexpired, or shall issue a new warrant appointing a time for execution of the judgment.
Source: L. 2002: Entire article added with relocations, p. 1463, § 2, effective October 1.
Editor's note: This section is similar to former § 16-8-306 as it existed prior to 2002.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 18-1.3-1406
What does Colorado Revised Statutes § 18-1.3-1406 cover?
Section 18-1.3-1406 ("Persons mentally incompetent to be executed - restoration to competency.") 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 § 18-1.3-1406?
A common citation format is "Colorado Revised Statutes § 18-1.3-1406" (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 § 18-1.3-1406 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.