C.R.S. § 27-65-113: Jurisdiction - transfer.

(1) (a) The court in which a petition or certification is filed pursuant to this article 65, or a court authorized to conduct proceedings pursuant to this article 65 that receives a court order transferring jurisdiction of a civil commitment pursuant to section 16-8.5-118, is the court of original jurisdiction and of continuing jurisdiction for any further proceedings pursuant to this article 65.

(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 proceeding pursuant to section 27-65-201 or 27-65-108.5, 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, certification, transfer of jurisdiction of a civil commitment, or request for a proceeding may be filed where the respondent resides or is physically present for treatment.

(b) A request for appointment of an attorney or for proceedings pursuant to section 27-65-104 regarding voluntary treatment of a minor to which the minor objects may be filed in the jurisdiction where the minor is hospitalized.

(c) A petition or request for a proceeding regarding an emergency mental health hold ordered pursuant to section 27-65-106 or certification for short-term treatment ordered pursuant to section 27-65-109 may be filed in the jurisdiction where the respondent resides, was physically present and transported for an emergency mental health hold, or is currently in an inpatient setting receiving treatment.

(d) A petition or request for a proceeding regarding certification for short-term treatment for incompetent defendants in a criminal matter pursuant to section 27-65-108.5 or a civil commitment pursuant to section 27-65-201 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) (a) In the event that a respondent or a person who is ordered committed pursuant to section 16-8.5-118, or is being supervised in a commitment pursuant to section 27-65-201, or is found not guilty by reason of impaired mental condition pursuant to section 16-8-103.5 (5), or by reason of insanity pursuant to section 16-8-105 (4) or 16-8-105.5, refuses to accept medication, the court having jurisdiction of the action pursuant to subsection (1) of this section; the court committing the person or defendant to the custody of the department pursuant to section 16-8-103.5 (5), 16-8-105 (4), or 16-8-105.5; or the court of the jurisdiction in which the designated facility treating the respondent or person is located has jurisdiction and venue to accept a petition by a treating physician and to enter an order requiring that the respondent or person accept the treatment or, in the alternative, that the medication be forcibly administered to the respondent or person. The court of the jurisdiction in which the designated facility is located shall not exercise its jurisdiction without the permission of the court that committed the person to the custody of the department. Upon the filing of the petition, the court shall appoint an attorney, if one has not been appointed, to represent the respondent or person and hear the matter within ten days.

(b) In any case brought pursuant to subsection (3)(a) of this section in a court for the county in which the treating facility is located, the county where the proceeding was initiated pursuant to subsection (1) of this section or the court committing the person to the custody of the department pursuant to section 16-8-103.5 (5), 16-8-105 (4), or 16-8-105.5 shall either reimburse the county in which the proceeding pursuant to this subsection (3) was filed 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.

(c) In the case of a defendant who is found incompetent to proceed pursuant to section 16-8.5-103 and who refuses to accept medication, the jurisdiction for the petition for involuntary treatment procedures is as set forth in section 16-8.5-106.

(4) 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 certification 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.

(5) If a civil proceeding was initiated pursuant to this article 65 or transferred pursuant to section 16-8.5-118 but the proceeding is no longer proper because the court determined that the respondent has an intellectual and developmental disability or a neurocognitive disorder, as those terms are defined in section 25.5-10-501, without any other mental health disorder, the court may maintain jurisdiction by ordering the case to proceed pursuant to article 10 of title 25.5.