Colorado § 16-8-117 - Advisement on matters to be determined.

§ 16-8-117. Advisement on matters to be determined.

When a determination is made as to a defendant's eligibility for conditional or unconditional release, the court shall explain to the defendant the nature and consequences of the proceeding and the rights of the defendant pursuant to this section, including the defendant's right to a jury trial upon the question of eligibility for conditional or unconditional release. The defendant may request a hearing that must be granted as a matter of right. At the hearing, the defendant and the prosecuting attorney are entitled to be present in person, to examine any reports of examination or other matter to be considered by the court as bearing upon the determination, to introduce evidence, summon witnesses, cross-examine witnesses for the other side or the court, and to make opening and closing statements and argument. The court may examine or cross-examine any witness called by the defendant or prosecuting attorney and may summon and examine witnesses on its own motion.

Source: L. 72: R&RE, p. 232, § 1. C.R.S. 1963: § 39-8-117. L. 2008: Entire section amended, p. 1858, § 13, effective July 1. L. 2025: Entire section amended, (HB 25-1058), ch. 15, p. 56, § 20, effective August 6. L. 2026: Entire section amended, (SB 26-014), ch. 54, p. 230, § 3, effective April 20.

Cross references: For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 389, Session Laws of Colorado 2008.

ANNOTATION

This section, read in conjunction with §§ 16-8-115 and 16-8-116, entitles a defendant to a release hearing to be held by the court, or, on demand by the defendant, to a jury not to exceed six persons. This hearing is mandated for a defendant committed after a finding of not guilty by reason of insanity, whether or not eligibility for release is contested. People v. Lowe, 967 P.2d 177 (Colo. App. 1998).

No broad right of discovery in release proceedings. Based on this section and §§ 16-8-115 and 16-8-116 and on the special nonadversary nature of a release inquiry, the participants in release proceedings do not have the broad right of discovery as provided in the rules of civil procedure. People v. District Court, 192 Colo. 225, 557 P.2d 414 (1976).

Discretion of trial court as to procedures. The procedures set out in this section and § 16-8-115 are addressed to the discretion of the trial court and permit all participants to prepare adequately for the hearing. People v. District Court, 192 Colo. 225, 557 P.2d 414 (1976).

Upon a proper showing, the trial court may use or authorize the use of suitable discovery procedures reasonably fashioned to elicit facts necessary to help the court dispose of the matter as law and justice may require. People v. District Court, 192 Colo. 225, 557 P.2d 414 (1976).

Defendant need not be advised on right to remain silent in competency evaluation for a Crim. P. 35(c) postconviction motion if the evaluation is not being used to establish guilt. No self-incrimination issue exists, and procedural safeguards of this section do not apply because defendant already confessed, pleaded guilty, and was sentenced. People v. Karpierz, 165 P.3d 753 (Colo. App. 2006).