As used in this article, unless the context otherwise requires:
(2.5) "Forensic psychologist" means a licensed psychologist who is board certified in forensic psychology by the American board of professional psychology or who has completed a fellowship in forensic psychology meeting criteria established by the American board of forensic psychology.
(3) Repealed.
(4) "Ineligible for release" means the defendant is suffering from a mental disease or defect which is likely to cause him to be dangerous to himself, to others, or to the community, in the reasonably foreseeable future, if he is permitted to remain at liberty.
(4.5) "Ineligible to remain on conditional release" means the defendant has violated one or more conditions in his release, or the defendant is suffering from a mental disease or defect which is likely to cause him to be dangerous to himself, to others, or to the community in the reasonably foreseeable future, if he is permitted to remain on conditional release.
(4.7) "Mental disease or defect" means only those severely abnormal mental conditions that grossly and demonstrably impair a person's perception or understanding of reality and that are not attributable to the voluntary ingestion of alcohol or any other psychoactive substance; except that it does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
(5) "Release examination" means a court-ordered examination of a defendant directed to developing evidence relevant to determining whether he is eligible for release.
(6) "Release hearing" means a hearing for the purpose of determining whether a defendant previously committed to the department of human services, following a verdict of not guilty by reason of insanity, has become eligible for release.
(7) Repealed.
(8) "Sanity examination" means a court-ordered examination of a defendant who has entered a plea of not guilty by reason of insanity, directed to developing information relevant to determining the sanity or insanity of the defendant at the time of the commission of the act with which he is charged and also his competency to proceed.
Source: L. 72: R&RE, p. 225, § 1. C.R.S. 1963: § 39-8-102. L. 81: (4.5) added, p. 932, § 1, effective July 1. L. 83: (2.7) added, p. 672, § 2, effective July 1. L. 94: (6) amended, p. 2647, § 116, effective July 1. L. 95: (2.7) amended and (4.7) added, p. 72, § 3, effective July 1. L. 2008: (1), (2), (3), and (7) repealed, p. 1850, § 3, effective July 1. L. 2013: (2.5) added, (SB 13-116), ch. 115, p. 393, § 1, effective August 7.
Cross references: For the legislative declaration contained in the 1994 act amending subsection (6), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 2008 act repealing subsections (1), (2), (3), and (7), see section 1 of chapter 389, Session Laws of Colorado 2008.
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