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Colorado · Through Colorado Revised Statutes 2026

C.R.S. § 25.5-10-509: Jurisdiction - transfer.

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Where this section sits in the code
  1. Title 25.5 - HEALTH CARE POLICY AND FINANCING
  2. Article 10 - Community Living
  3. Part 5 - PROTECTIVE PLACEMENT AND ENHANCED PROTECTIVE PLACEMENT

(1) (a) The court in which a petition is filed pursuant to this part 5, or a court authorized to conduct proceedings pursuant to this part 5 that receives a court order transferring jurisdiction of an enhanced protective placement, is the court of original jurisdiction and of continuing jurisdiction for any further proceedings pursuant to this part 5.

(b) When the convenience of the parties and the ends of justice would be promoted by a change in the court having jurisdiction, the court may order a transfer of the proceeding to another county. Until further order of the transferee court, if any, it is the court of continuing jurisdiction. If multiple criminal courts refer a matter for proceedings pursuant to this part 5, any court with jurisdiction may transfer the proceeding to another county and allow for consolidation of proceedings into one proceeding, which may occur in any county that promotes the convenience of the parties and the ends of justice.

(2) (a) Except as otherwise provided in this subsection (2), any petition, order, transfer of jurisdiction of an enhanced protective placement, or request for a proceeding may be filed where the respondent resides or is physically present for treatment.

(b) A petition or request for a protective placement pursuant to section 25.5-10-502 may be filed in the jurisdiction where the respondent resides or where the respondent is currently in an inpatient setting receiving treatment.

(c) A petition or request for a protective placement for an incompetent defendant in a criminal matter pursuant to section 25.5-10-502 or transfer of jurisdiction of an enhanced protective placement may be filed in the jurisdiction where the respondent resides, was physically present immediately prior to the filing of the petition, or is receiving inpatient treatment or where the criminal court that referred the matter is located.

(3) In any case in which there has been a change of venue to a county other than the county of residence of the respondent or the county in which the proceeding was commenced, the county from which the proceeding was transferred shall either reimburse the county to which the proceeding was transferred and in which the proceeding was held for the reasonable costs incurred in conducting the proceeding or conduct the proceeding itself using its own personnel and resources, including its own district or county attorney, as the case may be.

(4) If a proceeding is initiated pursuant to this article 10 but a proceeding pursuant to article 65 of title 27 is more advisable because the court determines that the respondent does not have an intellectual and developmental disability or a neurocognitive disorder or has a mental health disorder in addition to an intellectual and developmental disability or neurocognitive disorder, the court may maintain jurisdiction and order the case to proceed pursuant to article 65 of title 27.

(5) (a) If an enhanced protective placement is ordered against a respondent pursuant to section 16-8.5-118 or if a respondent's enhanced protective placement is supervised pursuant to section 25.5-10-507, and the respondent refuses to accept medication, the court with jurisdiction over the enhanced protective placement or the court with jurisdiction where the facility or provider treating the respondent is located has jurisdiction and venue to accept a petition by the treating physician to enter an order requiring that the respondent accept the treatment or that the medication be forcibly administered to the respondent. The court with jurisdiction where the facility or provider is located shall not exercise its jurisdiction without the permission of the court with jurisdiction over the enhanced protective placement. Upon filing the petition, the court shall appoint an attorney to represent the respondent if one has not been appointed and shall hear the matter within ten days after the filing.

(b) In any case brought pursuant to subsection (5)(a) of this section, the county where the court with jurisdiction over the enhanced protective placement is located shall either reimburse the county in which the proceeding pursuant to subsection (5)(a) of this section was filed and held for the reasonable costs incurred in conducting the proceeding or conduct the proceeding itself using its own personnel and resources, including its own county attorney.

Collected 2026-09-14T18:37:45Z. Source file · JSON

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