As used in this article, unless the context otherwise requires: (1) and (2) Repealed.
(2.5) "Forensic psychologist" means a licensed psychologist who is board certified in forensic psychology by the American board of professional psychology or who has completed a fellowship in forensic psychology meeting criteria established by the American board of forensic psychology.
(2.7) (a) "Impaired mental condition" means a condition of mind, caused by mental disease or defect that prevents the person from forming the culpable mental state that is an essential element of any crime charged. For the purposes of this subsection (2.7), "mental disease or defect" includes only those severely abnormal mental conditions which grossly and demonstrably impair a person's perception or understanding of reality and which are not attributable to the voluntary ingestion of alcohol or any other psychoactive substance; except that it does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
(b) This subsection (2.7) shall apply only to offenses committed before July 1, 1995.
(3) Repealed.
(4) "Ineligible for release" means the defendant is suffering from a mental disease or defect which is likely to cause him to be dangerous to himself, to others, or to the community, in the reasonably foreseeable future, if he is permitted to remain at liberty.
(4.5) "Ineligible to remain on conditional release" means the defendant has violated one or more conditions in his release, or the defendant is suffering from a mental disease or defect which is likely to cause him to be dangerous to himself, to others, or to the community in the reasonably foreseeable future, if he is permitted to remain on conditional release.
(4.7) "Mental disease or defect" means only those severely abnormal mental conditions that grossly and demonstrably impair a person's perception or understanding of reality and that are not attributable to the voluntary ingestion of alcohol or any other psychoactive substance; except that it does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
(5) "Release examination" means a court-ordered examination of a defendant directed to developing evidence relevant to determining whether he is eligible for release.
(6) "Release hearing" means a hearing for the purpose of determining whether a defendant previously committed to the department of human services, following a verdict of not guilty by reason of insanity, has become eligible for release.
(7) Repealed.
(8) "Sanity examination" means a court-ordered examination of a defendant who has entered a plea of not guilty by reason of insanity, directed to developing information relevant to determining the sanity or insanity of the defendant at the time of the commission of the act with which he is charged and also his competency to proceed.
Source: L. 72: R&RE, p. 225, § 1. C.R.S. 1963: § 39-8-102. L. 81: (4.5) added, p. 932, § 1, effective July 1. L. 83: (2.7) added, p. 672, § 2, effective July 1. L. 94: (6) amended, p. 2647, § 116, effective July 1. L. 95: (2.7) amended and (4.7) added, p. 72, § 3, effective July 1. L. 2008: (1), (2), (3), and (7) repealed, p. 1850, § 3, effective July 1. L. 2013: (2.5) added, (SB 13-116), ch. 115, p. 393, § 1, effective August 7.
Cross references: For the legislative declaration contained in the 1994 act amending subsection (6), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 2008 act repealing subsections (1), (2), (3), and (7), see section 1 of chapter 389, Session Laws of Colorado 2008.
Notes of Decisions
Cited in
54
cases (
3 in the last 5 years), 1977–2026 · leading case:
People v. Chavez, 629 P.2d 1040 (Colo. 1981).
People v. Chavez, 629 P.2d 1040 (Colo. 1981).
· cites it 7× “Section 16-8-102(3), C.R.S.1973 (1978 Repl.”
People v. Mondragon, 217 P.3d 936 (Colo. Ct. App. 2009).
· cites it 3× “Under former section 16-8-102(8), which is applicable here, a defendant is "incompetent to proceed" if he suffers from a mental disease or defect that renders him or her incapable of (1) understanding the nature and course of the proceedings against him or her, or (2)…”
People v. Garlotte, 958 P.2d 469 (Colo. Ct. App. 1997).
· cites it 14× “As pertinent here, the term "mental disease or defect" has been defined in a related context to include: [O]nly those severely abnormal mental conditions which grossly and demonstrably impair a person's perception or understanding of reality and which are not attributable to the…”
People v. Price, 240 P.3d 557 (Colo. Ct. App. 2010).
· cites it 6× “2 *562 Section 16-8-102(4.7), C.R.S.2009, defines "mental disease or defect" in pertinent part as "only those severely abnormal mental conditions that grossly and demonstrably impair a person's perception or understanding of reality.”
In re the People ex rel. W.P., 295 P.3d 514 (Colo. 2013).
· cites it 5× “The act updated the definition of "incompetent to proceed" and left the definition of "restoration hearing" substantively unchanged when it moved them from subsections 16-8-102(3) and (7) to *526 subsections 16-8.”
Bloom v. People, 185 P.3d 797 (Colo. 2008).
· cites it 5× “" § 16-8-102(1). In short, the trial court has the discretion to order a competency examination, and the statute does not restrict this discretion to formal examinations.”
Cordova v. People, 817 P.2d 66 (Colo. 1991).
· cites it 12× “§ 16-8-102(2.7), 8A C.R.S. (1986). The court ordered an examination of the defendant at the state hospital.”
People v. Pierson, 670 P.2d 770 (Colo. 1983).
· cites it 6× “A month before the shooting the defendant voluntarily sought help at the Boulder Psychiatric Institute and was confined for his psychiatric problems. Dr. Plazak diagnosed Pierson as suffering from "borderline schizophrenia" and advised the court at the competency hearing that he…”
People v. Corichi, 18 P.3d 807 (Colo. Ct. App. 2000).
· cites it 3× “" Section 16-8-102(8), C.R.S8.1999. Putting an accused on trial while he or she is incompetent violates due process of law.”
People v. Brown, 2019 CO 50 (Colo. 2019).
· cites it 4× “” § 16-8-102(8), C.R.S. (2018) (emphasis added).”
People v. Triantos, 55 P.3d 131 (Colo. 2002).
· cites it 4× “Under the interpretation proffered by the trial judge, officers lack authority, despite section 16-8-102, to arrest a class two petty offender unless convinced that the suspect will fail to comply with the penalty notice.”
— Colo. Rev. Stat. § 16-8-102(1) — 2 cases
Bloom v. People, 185 P.3d 797 (Colo. 2008).
“" § 16-8-102(1). In short, the trial court has the discretion to order a competency examination, and the statute does not restrict this discretion to formal examinations.”
— Colo. Rev. Stat. § 16-8-102(3) — 22 cases
In re the People ex rel. W.P., 295 P.3d 514 (Colo. 2013).
“The act updated the definition of "incompetent to proceed" and left the definition of "restoration hearing" substantively unchanged when it moved them from subsections 16-8-102(3) and (7) to *526 subsections 16-8.”
People v. Pierson, 670 P.2d 770 (Colo. 1983).
“A month before the shooting the defendant voluntarily sought help at the Boulder Psychiatric Institute and was confined for his psychiatric problems. Dr. Plazak diagnosed Pierson as suffering from "borderline schizophrenia" and advised the court at the competency hearing that he…”
People v. Chavez, 629 P.2d 1040 (Colo. 1981).
“Section 16-8-102(3), C.R.S.1973 (1978 Repl.”
— Colo. Rev. Stat. § 16-8-102(4) — 5 cases
People v. Garlotte, 958 P.2d 469 (Colo. Ct. App. 1997).
“As pertinent here, the term "mental disease or defect" has been defined in a related context to include: [O]nly those severely abnormal mental conditions which grossly and demonstrably impair a person's perception or understanding of reality and which are not attributable to the…”
People v. Chavez, 629 P.2d 1040 (Colo. 1981).
“Section 16-8-102(3), C.R.S.1973 (1978 Repl.”
— Colo. Rev. Stat. § 16-8-102(7) — 2 cases
People v. Chavez, 629 P.2d 1040 (Colo. 1981).
“Section 16-8-102(3), C.R.S.1973 (1978 Repl.”
— Colo. Rev. Stat. § 16-8-102(8) — 9 cases
People v. Mondragon, 217 P.3d 936 (Colo. Ct. App. 2009).
“Under former section 16-8-102(8), which is applicable here, a defendant is "incompetent to proceed" if he suffers from a mental disease or defect that renders him or her incapable of (1) understanding the nature and course of the proceedings against him or her, or (2)…”
People v. Corichi, 18 P.3d 807 (Colo. Ct. App. 2000).
“" Section 16-8-102(8), C.R.S8.1999. Putting an accused on trial while he or she is incompetent violates due process of law.”
People v. Brown, 2019 CO 50 (Colo. 2019).
“” § 16-8-102(8), C.R.S. (2018) (emphasis added).”
People v. Price, 240 P.3d 557 (Colo. Ct. App. 2010).
“2 *562 Section 16-8-102(4.7), C.R.S.2009, defines "mental disease or defect" in pertinent part as "only those severely abnormal mental conditions that grossly and demonstrably impair a person's perception or understanding of reality.”
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