{"data":{"id":"us-co/c.r.s.-16-8.5-107","jurisdiction":"us-co","citation":"C.R.S. § 16-8.5-107","heading":"Use of defendant's statements.","body":"(1) Except as otherwise provided in this section, evidence acquired directly or indirectly for the first time from a communication derived from the defendant's mental processes during the course of a competency evaluation or involuntary medication proceeding is not admissible against the defendant on the issues raised by a plea of not guilty, or, if the offense occurred before July 1, 1995, a plea of not guilty by reason of impaired mental condition. The evidence may be admissible at trial to rebut evidence introduced by the defendant of the defendant's mental condition to show the defendant's incapacity to form a culpable mental state; and, in that case, the evidence may only be considered by the trier of fact as bearing upon the question of capacity to form a culpable mental state, and the jury shall be so instructed at the request of either party.\n\n(2) Evidence acquired directly or indirectly for the first time from a communication derived from the defendant's mental processes during the course of a competency evaluation or involuntary medication proceeding is admissible at any sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.3-1302 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102 only to prove the existence or absence of any mitigating factor.\n\n(3) If the defendant testifies on the defendant's own behalf upon the trial of the issues raised by the plea of not guilty or, for offenses that occurred before July 1, 1995, a plea of not guilty by reason of impaired mental condition, or at a sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.3-1302 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102, this section does not bar any evidence used to impeach or rebut the defendant's testimony.","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":"ad76a0c379fac4d02cdf42d248a1871224596bad415ced88c97311d6adf46b0a","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-16-8.5-106","next":"us-co/c.r.s.-16-8.5-108"},"notice":"GroundRules: Original legal text. Not legal advice."}