Colorado Code
Article 8.5 - Competency to Proceed
§ 16-8.5-116. Certification - Reviews - Termination of Proceedings - Rules

(1) [ Editor's note: This version of subsection (1) is effective March 1, 2022. ] Subject to the time periods and legal standards set forth in this section, whichever is shortest, a defendant committed to the custody of the department or otherwise confined as a result of a determination of incompetency to proceed must not remain confined for a period in excess of the maximum term of confinement that could be imposed for only the single most serious offense with which the defendant is charged, less thirty percent for a misdemeanor offense and less fifty percent for a felony offense. At the end of such time period, the court shall dismiss the charges, and certification proceedings or provision of services, if any, are governed by article 65 or 10.5 of title 27.

Source: L. 2008: Entire article added, p. 1847, § 2, effective July 1. L. 2010: (2)(c) amended, (SB 10-175), ch. 188, p. 783, § 22, effective April 29. L. 2019: Entire section R&RE, (SB 19-223), ch. 227, p. 2284, § 8, effective July 1. L. 2020: (7)(a)(I) amended and (15) added, (SB 20-181), ch. 144, p. 627, § 3, effective June 29; (12) amended, (HB 20-1402), ch. 216, p. 1046, § 26, effective June 30. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3163, § 173, effective March 1, 2022.

Cross references: For liability for the costs of the care and treatment of persons committed to the department of human services pursuant to this article 8.5, see § 27-92-101.