Colorado § 18-1.3-907 - Defendant to be advised of rights.

§ 18-1.3-907. Defendant to be advised of rights.

(1) Upon the commencement of proceedings, the court shall advise the defendant, orally and in writing, that:

(a) The defendant is to be examined in accordance with the provisions of section 18-1.3-908;

(b) The defendant has a right to counsel, and, if the defendant is indigent, counsel will be appointed to represent him or her;

(c) The defendant has a right to remain silent;

(d) An evidentiary hearing will be held pursuant to section 18-1.3-911, and the defendant and his or her counsel will be furnished with copies of all reports prepared for the court pursuant to sections 18-1.3-908 and 18-1.3-909 at least fourteen days prior to the evidentiary hearing.

(2) The written advisement of rights may be incorporated into the notice of commencement of proceedings.

Source: L. 2002: Entire article added with relocations, p. 1431, § 2, effective October 1. L. 2012: (1)(d) amended, (SB 12-175), ch. 208, p. 867, § 114, effective July 1.

Editor's note: This section is similar to former § 16-13-206 as it existed prior to 2002.

ANNOTATION

Rights of defendant under due process. Under Colorado's criminal procedure the invocation of the sex offenders act means the making of a new charge leading to criminal punishment. Due process requires that he be present with counsel, have an opportunity to be heard, be confronted with witnesses against him, have the right to cross-examine, and to offer evidence of his own. And there must be findings adequate to make meaningful any appeal that is allowed. Specht v. Patterson, 386 U.S. 605 (1967) (decided under repealed § 39-19-1, C.R.S. 1963).