C.R.S. § 16-8.5-103: Determination of competency to proceed.

(1) (a) Whenever the question of a defendant's competency to proceed is raised, by either party or on the court's own motion, the court may make a preliminary finding of competency or incompetency to proceed, which is a final determination unless a party to the case objects within seven days after the court's preliminary finding.

(b) On or before the date when a court orders that a defendant be evaluated for competency, a bridges court liaison for the district hired or contracted pursuant to article 95 of title 13 may be assigned to the defendant.

(2) If either party objects to the court's preliminary finding, or if the court determines that it has insufficient information to make a preliminary finding, the court shall order that the defendant be evaluated for competency by CDHS and that CDHS prepare a court-ordered report.

(3) If neither party requests a hearing pursuant to section 16-8.5-108 or a second evaluation pursuant to section 16-8.5-111, within the applicable time frame, the court shall enter a final determination, based on the information then available to the court, whether the defendant is or is not competent to proceed.

(4) If the question of the defendant's incompetency to proceed is raised after a jury is impaneled to try the issues raised by a plea of not guilty and the court determines that the defendant is incompetent to proceed or orders a court-ordered competency evaluation, the court may declare a mistrial. Declaration of a mistrial under these circumstances does not constitute jeopardy, nor does it prohibit the trial or sentencing of the defendant for the same offense after the defendant has been found restored to competency.

(5) In all proceedings brought pursuant to this article 8.5, when competency has been raised by the parole board pursuant to section 17-22.5-403.5 (4)(f), the court shall pay for any evaluation to determine competency pursuant to this section, and the competency evaluation must be conducted at the place where the defendant is in custody.