The intent of the general assembly in enacting section 16-8-101.5 and making conforming amendments to sections 16-8-101 to 16-8-104, 16-8-106, 16-8-110, 16-8-114, 16-8-115, and 16-8-120 in 1995, and in enacting clarifying provisions in this section and sections 16-8-104.5 and 16-8-105.5 and making conforming amendments to sections 16-8-105 and 16-8-107 and sections 18-1-802 and 18-1-803, C.R.S., in 1996, was to combine the defense of not guilty by reason of insanity and the affirmative defense of impaired mental condition into the affirmative defense of not guilty by reason of insanity and to create a unitary process for hearing the issues raised by said affirmative defense to apply to offenses committed on or after July 1, 1995.
Source: L. 96: Entire section added, p. 3, § 1, effective January 31.
Structure Colorado Code
Title 16 - Criminal Proceedings
Article 8 - Insanity - Release
§ 16-8-101. Insanity Defined - Offenses Committed Before July 1, 1995
§ 16-8-101.3. Legislative Intent in Enacting Section 16-8-101.5 and in Making Conforming Amendments
§ 16-8-101.5. Insanity Defined - Offenses Committed on and After July 1, 1995 - Definitions
§ 16-8-103. Pleading Insanity as a Defense
§ 16-8-103.5. Impaired Mental Condition - When Raised - Procedure - Legislative Intent
§ 16-8-103.6. Waiver of Privilege
§ 16-8-103.7. Examination After Entry of Defenses of Insanity and Impaired Mental Condition
§ 16-8-104. Separate Trial of Issues
§ 16-8-104.5. Single Trial of Issues
§ 16-8-105. Procedure After Plea for Offenses Committed Before July 1, 1995
§ 16-8-105.5. Procedure After Plea for Offenses Committed on or After July 1, 1995
§ 16-8-106. Examinations and Report
§ 16-8-108. Examination at Instance of Defendant
§ 16-8-109. Testimony of Lay Witnesses
§ 16-8-114. Evidence Concerning Competency - Inadmissibility
§ 16-8-115.5. Enforcement and Revocation of Conditional Release From Commitment
§ 16-8-116. Release by Hospital Authority
§ 16-8-117. Advisement on Matters to Be Determined
§ 16-8-118. Temporary Removal for Treatment and Rehabilitation
§ 16-8-119. Counsel and Physicians for Indigent Defendants
§ 16-8-120. Applicable Tests for Release