(A) Notify the court and request that the defendant be considered for release on a nonmonetary bond if the defendant is not currently released on bond; and
(B) Provide to the court information regarding the appropriate outpatient restoration services, developed in conjunction with the court liaison, and the reasons why the defendant could be properly restored to competency on an outpatient basis.
Source: L. 2008: Entire article added, p. 1845, § 2, effective July 1. L. 2017: (2)(a) amended, (SB 17-012), ch. 404, p. 2108, § 1, effective August 9. L. 2019: (2) amended and (3) added, (SB 19-223), ch. 227, p. 2280, § 5, effective July 1. L. 2020: (2)(a) and (2)(b)(II) amended and (2)(a.5) added, (SB 20-181), ch. 144, p. 625, § 2, effective June 29; (2)(a) amended, (SB 20-136), ch. 70, p. 283, § 8, effective September 14.
Cross references: (1) For release on bail, see part 1 of article 4 of this title 16.
(2) For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.
Structure Colorado Code
Title 16 - Criminal Proceedings
Article 8.5 - Competency to Proceed
§ 16-8.5-102. Mental Incompetency to Proceed - How and When Raised
§ 16-8.5-103. Determination of Competency to Proceed
§ 16-8.5-104. Waiver of Privilege
§ 16-8.5-105. Evaluations, Locations, Time Frames, and Report
§ 16-8.5-106. Evaluation at Request of Defendant
§ 16-8.5-107. Counsel and Evaluators for Indigent Defendants
§ 16-8.5-109. Advisement on Matters to Be Determined
§ 16-8.5-110. Testimony of Lay Witnesses
§ 16-8.5-111. Procedure After Determination of Competency or Incompetency
§ 16-8.5-112. Venue for Collateral Hearings
§ 16-8.5-113. Restoration to Competency
§ 16-8.5-114. Procedure After Hearing Concerning Restoration to Competency
§ 16-8.5-116. Certification - Reviews - Termination of Proceedings - Rules
§ 16-8.5-117. Escape - Return to Institution
§ 16-8.5-118. Temporary Removal for Treatment and Rehabilitation
§ 16-8.5-120. Competency Evaluation Monitoring System - Users - Rules