C.R.S. § 16-8.5-115: Procedure after restoration hearing.
Where this section sits in the code
- Title 16 - CRIMINAL PROCEEDINGS
- Article 8.5 - Competency to Proceed
(1) If a defendant is found to be restored to competency after the restoration hearing held pursuant to section 16-8.5-114, the court shall resume the criminal proceedings or order the sentence carried out. The court shall credit any time the defendant spent in confinement while committed pursuant to section 16-8.5-110 against any term of imprisonment imposed after restoration to competency.
(2) If, after the restoration hearing held pursuant to section 16-8.5-114, the court determines that the defendant remains incompetent to proceed, the court may continue or modify any orders entered at the time of the original determination of incompetency and may commit or recommit the defendant to CDHS's custody or enter any new order necessary to facilitate the defendant's restoration to competency, consistent with the requirements of section 16-8.5-110.
Collected 2026-09-14T18:37:45Z. Source file · JSON