Colorado § 19-2.5-705 - Restoration to competency hearing.
Full text of Colorado Colorado Revised Statutes § 19-2.5-705 — Restoration to competency hearing., with citation guidance and answers to common questions.
§ 19-2.5-705. Restoration to competency hearing.
(1) The court may order a restoration to competency hearing, as defined in section 19-2.5-701.5, at any time on its own motion, on motion of the prosecuting attorney, or on motion of the juvenile. The court shall order a restoration of competency hearing if a competency evaluator with the qualifications described in section 19-2.5-703 (4)(b) files a report certifying that the juvenile is competent to proceed.
(2) At the hearing, if the question is contested, the burden of submitting evidence and the burden of proof by a preponderance of the evidence is on the party asserting that the juvenile is competent.
(3) At the restoration to competency hearing, the court shall determine whether the juvenile has achieved or is restored to competency.
Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 613, § 2, effective October 1. L. 2023: (1) amended, (HB 23-1012), ch. 205, p. 1049, § 7, effective August 7.
Editor's note: This section is similar to former § 19-2-1304 as it existed prior to 2021.
ANNOTATION
The court cannot order a subsequent competency evaluation pursuant to this section or § 19-2-1303. After a preliminary competency evaluation and a juvenile has begun receiving restoration services, the court may determine only whether a juvenile has been restored to competency at either a restoration hearing conducted pursuant to this section or during a restoration review conducted pursuant to § 19-2-1303. People in Interest of B.B.A.M., 2019 CO 103, 453 P.3d 1161 (decided under former law).
When a juvenile court determines during a restoration review under § 19-2.5-704 or after a restoration hearing under this section that a juvenile remains incompetent, the court has the authority to order the juvenile to submit to a reassessment evaluation to determine whether the juvenile has been restored to competency. People in Interest of A.C., 2022 CO 49, 517 P.3d 1228.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 19-2.5-705
What does Colorado Revised Statutes § 19-2.5-705 cover?
Section 19-2.5-705 ("Restoration to competency hearing.") 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 § 19-2.5-705?
A common citation format is "Colorado Revised Statutes § 19-2.5-705" (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 § 19-2.5-705 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.