C.R.S. § 16-8.5-106: Petition for involuntary administration of medication - venue for collateral hearing.

(1) If a defendant committed to the custody of CDHS for a competency evaluation, or for restoration services, meets the constitutional requirements for the administration of involuntary medication, the defendant's treating physician may petition the court for an order requiring that the defendant accept the medication or, alternatively, that the medication be forcibly administered to the defendant. CDHS shall, prior to the hearing on the petition, deliver a copy of the petition to the court that committed the defendant to the custody of CDHS, the prosecuting attorney, and the defendant's legal representation in the criminal case, if legal representation exists, and to the defendant directly if the defendant does not have legal representation. A physician shall assess and document the defendant's mental status prior to the administration of medication.

(2) The court of the jurisdiction where the defendant is located shall hear a petition for involuntary medication. CDHS shall promptly deliver a copy of the order granting or denying the petition to the court that committed the defendant to the custody of CDHS, the prosecuting attorney, and the defendant's legal representation in the criminal case, if legal representation exists, and to the defendant directly if the defendant does not have legal representation.

(3) If a hearing for administration of involuntary medication is heard in a different county than the county where the committing court is located, the committing county shall reimburse the county where the proceeding is heard for the reasonable costs incurred in conducting the proceeding. Alternatively, the district attorney or county attorney for the committing county may prosecute the proceeding as the proponent of the physician's petition.

(4) If a defendant committed to the custody of CDHS for evaluation or for restoration services is ordered by a court to accept medication as set forth in subsection (1) of this section and is subsequently returned to jail for pending court proceedings, the county jail may require the defendant to continue to receive the same court-ordered medication that was administered by CDHS before the defendant was discharged from inpatient care, or, alternatively, appropriate medical personnel provided by the jail may forcibly administer the court-ordered medication to the defendant.