{"data":{"id":"us-co/c.r.s.-16-8.5-101","jurisdiction":"us-co","citation":"C.R.S. § 16-8.5-101","heading":"Definitions.","body":"As used in this article 8.5, unless the context otherwise requires:\n\n(1) \"Behavioral health administration\" or \"BHA\" means the behavioral health administration established in section 27-60-203.\n\n(2) \"Civil proceeding\" means:\n\n(a) A civil proceeding regarding certification for short-term treatment pursuant to section 27-65-108.5, 27-65-109, or 27-65-109.5;\n\n(b) A civil proceeding to impose a legal disability or removal of a legal right pursuant to article 10 of title 25.5; or\n\n(c) A civil proceeding for a protective placement pursuant to part 5 of article 10 of title 25.5.\n\n(3) \"Collateral materials\" means the relevant police incident reports and the charging documents, either the criminal information or indictment.\n\n(4) \"Competency evaluation\" includes both court-ordered competency evaluations and second evaluations.\n\n(5) \"Competency evaluator\" means a licensed physician who is a psychiatrist or a licensed psychologist, each of whom is trained in forensic competency assessments, or a psychiatrist who is in forensic training and practicing under the supervision of a psychiatrist with expertise in forensic psychiatry, or a psychologist who is in forensic training and is practicing under the supervision of a licensed psychologist with expertise in forensic psychology.\n\n(6) \"Competency hearing\" means a hearing to determine whether a defendant is competent to proceed.\n\n(7) \"Competent to proceed\" means that the defendant does not have a mental disability or developmental disability that prevents the defendant from having sufficient present ability to consult with the defendant's lawyer with a reasonable degree of rational understanding in order to assist in the defense or that prevents the defendant from having a rational and factual understanding of the criminal proceedings.\n\n(8) \"County attorney\" means a county attorney or a qualified attorney acting for a county attorney appointed by the district court or, in any county or city and county with a population equal to or less than fifty thousand people, the district attorney or qualified attorney acting for the district attorney appointed by the district court.\n\n(9) \"Court-ordered competency evaluation\" means a court-ordered examination of a defendant either before, during, or after trial, directed to developing information relevant to a determination of the defendant's competency to proceed at a particular stage of the criminal proceeding, that is performed by a competency evaluator and includes evaluations concerning restoration to competency.\n\n(10) \"Court-ordered report\" means a report of an evaluation, conducted by or under the direction of CDHS, that is the statutory obligation of CDHS to prepare when requested to do so by the court.\n\n(11) \"Criminal proceedings\" means trial, sentencing, satisfaction of the sentence, execution, and any pretrial matter that is not susceptible of fair determination without the personal participation of the defendant.\n\n(12) \"Department\" or \"CDHS\" means the department of human services.\n\n(13) \"Developmental disability\" means a disability that has manifested before the person reaches twenty-two years old, constitutes a substantial disability to the affected person, and is attributable to an intellectual disability or other neurological conditions when the conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with an intellectual disability. Unless otherwise specifically stated, the federal definition of \"developmental disability\", 42 U.S.C. sec. 15002 (8), does not apply.\n\n(14) \"Executive director\" means the executive director of the department of human services.\n\n(15) \"Guardian\" means a guardian appointed for the defendant pursuant to article 14 of title 15 or an emergency guardian appointed pursuant to this article 8.5, article 65 of title 27, or article 10 of title 25.5.\n\n(16) \"Department of health care policy and financing\" or \"HCPF\" means the department of health care policy and financing created in section 24-1-119.5.\n\n(17) \"Incompetent to proceed\" means that, as a result of a mental disability or developmental disability, the defendant does not have sufficient present ability to consult with the defendant's lawyer with a reasonable degree of rational understanding in order to assist in the defense, or that, as a result of a mental disability or developmental disability, the defendant does not have a rational and factual understanding of the criminal proceedings.\n\n(18) \"In-custody\" means in prison, in a jail, or in any other locked detention facility that does not meet the definition of \"inpatient\".\n\n(19) \"Inpatient\" means in the custody of CDHS, either in a hospital or in a full-time, jail-based restoration program developed by CDHS.\n\n(20) \"Inpatient care at the discretion of CDHS\" means placement at a facility:\n\n(a) Where the person is required to reside and is not permitted to leave unless accompanied and supervised by staff;\n\n(b) That agrees to supervise the person, that agrees to take appropriate measures to ensure the person complies with any court orders, and that has procedures in place that would result in a timely report to the court, licensing authorities, and law enforcement if the person absconded without permission;\n\n(c) Where a professional person, as defined in section 27-65-102, who is employed by or contracted with CDHS, BHA, or HCPF, attests that the facility is medically appropriate and sufficiently protects victims and the community from the substantial risk of harm posed by the person; and\n\n(d) That is operated by, or has contracted with, CDHS, BHA, or HCPF to provide services for CDHS, BHA, or HCPF.\n\n(21) \"Mental disability\" means a substantial disorder of thought, mood, perception, or cognitive ability that results in marked functional disability, significantly interfering with adaptive behavior. \"Mental disability\" does not include acute intoxication from alcohol or other substances, or any condition manifested only by antisocial behavior, or any substance abuse impairment resulting from recent use or withdrawal. However, substance abuse that results in a long-term, substantial disorder of thought, mood, or cognitive ability may constitute a mental disability.\n\n(22) \"Outpatient\" means a location outside of the custody of CDHS. \"Outpatient\" does not include a jail, prison, or other detention facility where the defendant is in-custody.\n\n(23) \"Restorable\" means there is a substantial probability that a defendant, with restoration services, will attain competency in the reasonably foreseeable future.\n\n(24) \"Restorability\" means the legal question of whether a defendant is restorable or unrestorable.\n\n(25) \"Restorability hearing\" means a hearing to determine whether a defendant who is incompetent to proceed is restorable or unrestorable.\n\n(26) \"Restoration hearing\" means a hearing to determine whether a defendant who has previously been determined to be incompetent to proceed has become competent to proceed.\n\n(27) \"Second evaluation\" means a competency evaluation requested by the court, the district attorney, or the defendant that is performed by a competency evaluator and that is not performed by or under the direction of, or paid for by, CDHS.\n\n(28) \"Tier 1\" means a defendant:\n\n(a) Who has been ordered to receive inpatient restoration services;\n\n(b) For whom a competency evaluator has determined either that the defendant:\n\n(I) Appears to have a mental health disorder and, as a result of the mental health disorder, appears to be a danger to the defendant's self, a danger to others, or gravely disabled; or\n\n(II) Has a mental health disorder; and\n\n(c) For whom, as a result of the determination made pursuant to subsection (28)(b) of this section, delaying inpatient hospitalization beyond seven days would cause harm to the defendant or others.\n\n(29) \"Tier 2\" means a defendant who has been ordered to receive inpatient restoration services and who does not meet the criteria to be a tier 1 defendant.\n\n(30) \"Unrestorable\" means there is not a substantial probability that a defendant, with restoration services, will attain competency in the reasonably foreseeable future.\n\n(31) \"Volitional lack of cooperation or unwillingness to participate\" means the defendant has not attended restoration services or the defendant refuses to take prescribed medications, especially when the defendant intends to avoid or delay the court case from proceeding. \"Volitional lack of cooperation or unwillingness to participate\" does not include acts that primarily result from the bona fide medical or mental health disorder for which the defendant is incompetent or a defendant's attempt to raise a bona fide good faith concern about medication side effects and risks.","path":["Title 16 - CRIMINAL PROCEEDINGS","Article 8.5 - Competency to Proceed"],"source_url":"https://olls.info/crs/crs2026-title-16.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"360c5ce5031c1f5ba80a25e441b3fe56587b259150cc098a9856c023d7897bba","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-16-8-301-to-16-8-307","next":"us-co/c.r.s.-16-8.5-102"},"notice":"GroundRules: Original legal text. Not legal advice."}