Colorado § 16-8.5-111 - Second evaluation.

§ 16-8.5-111. Second evaluation.

(1) If a defendant wishes to be examined by a competency evaluator of the defendant's own choice in connection with any proceeding under this article 8.5, the court, upon timely motion, shall enter any orders necessary for the competency evaluator chosen by the defendant to be given reasonable opportunity to conduct a second evaluation.

(2) Either party has the right to request a second evaluation within fourteen days after receiving the initial or updated court-ordered competency evaluation report, and the court shall grant the request. The second evaluation report must include the competency evaluator's opinion, if applicable, regarding:

(a) Whether the defendant is competent to proceed or incompetent to proceed;

(b) Whether the defendant is restorable; and

(c) If the defendant is receiving restoration services, whether the defendant has been restored to competency.

(3) If a restoration hearing is combined with a restorability hearing, either party may request a second evaluation that addresses both restoration and restorability rather than a second evaluation for each issue.

(4) If a party requests a second evaluation, the court shall continue any pending requests for a hearing until the receipt of the second evaluation report. The competency evaluator shall complete and file the report with the court within thirty-five days after the court order allowing the second evaluation, unless the time period is extended by the court for good cause. The court shall provide the second evaluation to CDHS and the parties. CDHS shall use the second evaluation to ensure that CDHS complies with its responsibilities, including reviewing and summarizing prior competency opinions made pursuant to section 16-8.5-105 (5)(d)(I)(A). If the court requests the second evaluation, it must be paid for by the court.

(5) The court shall pay for a second evaluation if a second evaluation is requested by an indigent defendant.

(6) Once the court receives the second evaluation report, either party has the right to request a competency hearing, restorability hearing, or restoration hearing, as applicable, pursuant to section 16-8.5-108 (1).

Source: L. 2026: Entire article amended with relocations, (SB 26-149), ch. 142, p. 699, § 1, effective May 21; (3), (4), (5), and (6)(b) repealed, (SB 26-149), ch. 142, p. 803, § 65, effective May 21.

Editor's note: (1) Prior to its amendment with relocations in 2026, this section was similar to former § 16-8-112 as it existed prior to 2008.

(2) Subsections (1), (1.5), and (1.6) were relocated to § 16-8.5-109 (2), (3), and (4), respectively, in 2026.

(3) Subsections (2), (7), and (8) were relocated to § 16-8.5-110 (1), (2), and (3), respectively, in 2026.

(4) Subsections (3), (4), (5), and (6)(b) were repealed by section 65 of SB 26-149, effective May 21, 2026. However, those repeals were superseded by the amendment of this entire article 8.5 by section 1 of SB 26-149, effective May 21, 2026.

(5) Subsection (6)(a) was relocated to § 16-8.5-113 (5) in 2026.

(6) 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.

(7) Subsection (9) was relocated to § 16-8.5-114 (5) in 2026.

ANNOTATION

A juvenile is not entitled to a second competency evaluation at state expense. The provisions of the adult competency statutes do not apply to juvenile delinquency proceedings. People in Interest of W.P., 2013 CO 11, 295 P.3d 514. (decided under former § 16-8.5-106).