Colorado § 18-1.3-1102 - Pretrial motion by defendant in class 1 felony case - determination whether defendant is mentally retarded or has an intellectual and developmental disability - procedure.
Full text of Colorado Colorado Revised Statutes § 18-1.3-1102 — Pretrial motion by defendant in class 1 felony case - determination whether defendant is mentally retarded or has an intellectual and developmental disability - procedure., with citation guidance and answers to common questions.
§ 18-1.3-1102. Pretrial motion by defendant in class 1 felony case - determination whether defendant is mentally retarded or has an intellectual and developmental disability - procedure.
(1) Any defendant may file a motion with the trial court in which the defendant may allege that such defendant is a mentally retarded defendant or a defendant with an intellectual and developmental disability. The motion must be filed at least ninety-one days prior to trial.
(2) The court shall hold a hearing upon any motion filed pursuant to subsection (1) of this section and shall make a determination regarding the motion no later than fourteen days prior to trial. At such hearing, the defendant must be permitted to present evidence with regard to the motion and the prosecution must be permitted to offer evidence in rebuttal. The defendant has the burden of proof to show by clear and convincing evidence that he or she is mentally retarded or has an intellectual and developmental disability.
(3) The court shall enter specific findings of fact and conclusions of law regarding whether or not the defendant is a mentally retarded defendant or a defendant with an intellectual and developmental disability, as defined in section 18-1.3-1101.
Source: L. 2002: Entire article added with relocations, p. 1444, § 2, effective October 1. L. 2012: (1) and (2) amended, (SB 12-175), ch. 208, p. 868, § 119, effective July 1. L. 2018: Entire section amended, (SB 18-096), ch. 44, p. 469, § 3, effective August 8.
Editor's note: This section is similar to former § 16-9-402 as it existed prior to 2002.
Cross references: For the legislative declaration in SB 18-096, see section 1 of chapter 44, Session Laws of Colorado 2018.
ANNOTATION
The allocation by this section of the burden of proof to the defendant is constitutionally permissible. People v. Vasquez, 84 P.3d 1019 (Colo. 2004).
The clear and convincing standard of proof placed upon the defendant by this section is constitutionally adequate. People v. Vasquez, 84 P.3d 1019 (Colo. 2004).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 18-1.3-1102
What does Colorado Revised Statutes § 18-1.3-1102 cover?
Section 18-1.3-1102 ("Pretrial motion by defendant in class 1 felony case - determination whether defendant is mentally retarded or has an intellectual and developmental disability - procedure.") 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 § 18-1.3-1102?
A common citation format is "Colorado Revised Statutes § 18-1.3-1102" (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 § 18-1.3-1102 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
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