Colorado § 16-8.5-108 - General hearing procedures and evidence.

§ 16-8.5-108. General hearing procedures and evidence.

(1) (a) A party must request a competency hearing, restorability hearing, or restoration hearing within fourteen days after receiving the initial or updated court-ordered competency evaluation report; except that, if a party requests a second evaluation pursuant to section 16-8.5-111, a party must request the competency hearing, restorability hearing, or restoration hearing within fourteen days after receiving the second evaluation report.

(b) (I) A request for a competency hearing is governed by section 16-8.5-109.

(II) A request for a restorability hearing is governed by section 16-8.5-113.

(III) A request for a restoration hearing is governed by section 16-8.5-114.

(IV) A request for a combined restorability and restoration hearing is governed by sections 16-8.5-113 and 16-8.5-114.

(c) The court shall give the nonmoving party an opportunity to object and shall grant or deny the request for a competency hearing, restorability hearing, or restoration hearing in accordance with the applicable governing statutes within fourteen days after the request.

(d) The competency hearing, restorability hearing, or restoration hearing must be held within thirty-five days after the court's order granting the request, unless the time is extended by the court after a finding of good cause.

(2) (a) At a competency hearing, restorability hearing, or restoration hearing, witnesses not specially trained in psychiatry or psychology and not testifying as expert witnesses may testify as to their observation of the defendant's actions and conduct and as to conversations that they had with the defendant bearing upon the defendant's mental condition. Any witnesses, as part of their testimony, must be permitted to give opinions or conclusions concerning the competency of the defendant.

(b) The court may examine or cross-examine witnesses called by the defendant or prosecuting attorney and may summon and examine witnesses on the court's own motion.

(3) At a competency hearing, restorability hearing, or restoration hearing, the defendant and the prosecuting attorney are entitled:

(a) To be present in person;

(b) To examine any reports of the competency evaluation or other matter to be considered by the court as bearing upon the determination;

(c) To introduce evidence, summon witnesses, cross-examine opposing witnesses or witnesses called by the court; and

(d) To make opening and closing statements and arguments.

(4) At a competency hearing, restorability hearing, or restoration hearing, competency evaluators and other experts may testify as to the conclusions reached from their examination of hospital records, laboratory reports, X rays, electroencephalograms, and psychological test results if the material that the competency evaluators or experts examined in reaching their conclusions is produced at the time of the hearing. This section does not prevent the parties from obtaining the information authorized pursuant to section 16-8.5-104 prior to the hearing.

(5) Evidence of any determination as to the defendant's competency, restorability, or restoration is not admissible on the issues raised by a plea of not guilty, not guilty by reason of insanity, or, for offenses that occurred before July 1, 1995, the affirmative defense of impaired mental condition.

Source: L. 2026: Entire article amended with relocations, (SB 26-149), ch. 142, p. 693, § 1, effective May 21.

Editor's note: (1) The provisions of this section are similar to provisions of several former sections as they existed prior to 2026. For a detailed comparison, see the comparative tables located in the back of the index.

(2) Subsection (1) was relocated to § 16-8.5-107 in 2026.

(3) Subsection (2) was relocated to § 16-8.5-108 (4) in 2026.