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16-8.5-106. Evaluation at request of defendant.

Statute text

(1) If a defendant wishes to be examined by a competency evaluator of his or her own choice in connection with any proceeding under this article, the court, upon timely motion, shall order that the competency evaluator chosen by the defendant be given reasonable opportunity to conduct the second evaluation, in accordance with sections 16-8.5-103 and 16-8.5-111.

(2) A copy of the second evaluation shall be furnished to the prosecution in a reasonable amount of time in advance of the competency or restoration hearing.

History

Source: L. 2008: Entire article added, p. 1843, 2, effective July 1.

Annotations

 

ANNOTATION

Annotations

A juvenile is not entitled to a second competency evaluation at state expense. The provisions of the adult competency statutes do not apply to juvenile delinquency proceedings. People in Interest of W.P., 2013 CO 11, 295 P.3d 514.