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) The defendant shall provide a copy of the second evaluation to the court and prosecution in a reasonable amount of time in advance of the competency or restoration hearing. Upon receipt of the second evaluation, the court shall furnish the second evaluation to the department.

History

Source: L. 2008: Entire article added, p. 1843, 2, effective July 1. L. 2025: (2) amended, (SB 25-041), ch. 357, p. 1923, 5, effective August 6.

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.