Colorado § 19-2.5-702 - Incompetent to proceed - effect - how and when raised.

§ 19-2.5-702. Incompetent to proceed - effect - how and when raised.

(1) This part 7 applies only to proceedings brought pursuant to this title 19.

(2) A juvenile must not be tried or sentenced if the juvenile is incompetent to proceed, as defined in section 19-2.5-701.5, at that stage of the proceedings. Juveniles, like adults, are presumed competent to proceed, as defined in section 19-2.5-701.5, until such time as they are found incompetent to proceed through a decision by the court. A determination of competency must include an evaluation of intellectual and developmental disabilities, mental health disorders, and mental capacity. Age alone is not determinative of incompetence without a finding that the juvenile actually lacks the relevant capacities for competence.

(3) When a party specified in this subsection (3) has reason to believe that a juvenile is incompetent to proceed in a delinquency action, the party shall raise the question of the juvenile's competency in the following manner:

(a) On its own motion, the court shall suspend the proceeding and determine the competency or incompetency of the juvenile pursuant to section 19-2.5-703;

(b) By motion of the prosecution, probation officer, guardian ad litem, or defense, made in advance of the commencement of the particular proceeding. The motion may be filed after the commencement of the proceeding if, for good cause shown, the juvenile's mental health was unknown or unapparent before the commencement of the proceeding.

(c) By the juvenile's parent or legal guardian.

(4) If the issue of competency is raised at the time charges are filed or at any time thereafter and the juvenile is not represented by counsel, the court may immediately appoint counsel and may also appoint a guardian ad litem to ensure the best interests of the juvenile are addressed in accordance with existing law.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 610, § 2, effective October 1. L. 2023: (2) amended, (HB 23-1012), ch. 205, p. 1044, § 3, effective August 7.

Editor's note: This section is similar to former § 19-2-1301 as it existed prior to 2021.

ANNOTATION

Version of subsection (1) prior to the 2018 amendment is not unconstitutional because it applied the definition of "incompetent to proceed" for adults in criminal proceedings to juveniles. People in Interest of A.C.E-D., 2018 COA 157, 433 P.3d 153 (decided under former law).