(1) (a) The defense of insanity may only be raised by a specific plea entered at the time of arraignment; except that the court, for good cause shown, may permit the plea to be entered at any time prior to trial. The form of the plea shall be: "Not guilty by reason of insanity"; and it must be pleaded orally either by the defendant or by the defendant's counsel. A defendant who does not raise the defense as provided in this section shall not be permitted to rely upon insanity as a defense to the crime charged but, when charged with a crime requiring a specific intent as an element thereof, may introduce evidence of the defendant's mental condition as bearing upon his or her capacity to form the required specific intent. The plea of not guilty by reason of insanity includes the plea of not guilty.
(b) This subsection (1) shall apply only to offenses committed before July 1, 1995.
(1.5) (a) The defense of insanity may only be raised by a specific plea entered at the time of arraignment; except that the court, for good cause shown, may permit the plea to be entered at any time prior to trial. The form of the plea shall be: "Not guilty by reason of insanity"; and it must be pleaded orally either by the defendant or by the defendant's counsel. The plea of not guilty by reason of insanity includes the plea of not guilty.
(b) This subsection (1.5) shall apply to offenses committed on or after July 1, 1995.
(2) If counsel for the defendant believes that a plea of not guilty by reason of insanity should be entered on behalf of the defendant but the defendant refuses to permit the entry of the plea, counsel may so inform the court. The court shall then conduct such investigation as it deems proper, which may include the appointment of psychiatrists or forensic psychologists to assist in examining the defendant and advising the court. After its investigation the court shall conduct a hearing to determine whether the plea should be entered. If the court finds that the entry of a plea of not guilty by reason of insanity is necessary for a just determination of the charge against the defendant, it shall enter the plea on behalf of the defendant, and the plea so entered shall have the same effect as though it had been voluntarily entered by the defendant himself or herself.
(3) If there has been no grand jury indictment or preliminary hearing prior to the entry of the plea of not guilty by reason of insanity, the court shall hold a preliminary hearing prior to the trial of the insanity issue. If probable cause is not established, the case shall be dismissed, but the court may order the district attorney to institute civil proceedings pursuant to article 65 of title 27, C.R.S., if it appears that the protection of the public or the accused requires it.
(4) Before accepting a plea of not guilty by reason of insanity, the court shall advise the defendant of the effect and consequences of the plea.
Source: L. 72: R&RE, p. 226, § 1. C.R.S. 1963: § 39-8-103. L. 75: (3) amended, p. 926, § 26, effective July 1. L. 95: (1) amended and (1.5) added, p. 73, § 4, effective July 1. L. 2010:
(3) amended, (SB 10-175), ch. 188, p. 783, § 21, effective April 29. L. 2013: (2) amended, (SB 13-116), ch. 115, p. 393, § 2, effective August 7.
Notes of Decisions
Cited in
53
cases (
4 in the last 5 years), 1975–2026 · leading case:
Hendricks v. People, 10 P.3d 1231 (Colo. 2000).
Hendricks v. People, 10 P.3d 1231 (Colo. 2000).
· cites it 46× “Prior to trial, pursuant to sections 16-8-103(2), 6 C.R.S. (1999), and 16-8-103.”
In Re People v. Rosas, 2020 CO 22 (Colo. 2020).
· cites it 11× “¶9 Whereas a defendant who raises the defense of insanity must plead NGRI, see § 16-8-103(1.5)(a), C.R.S. (2019), a defendant who wishes to introduce expert evidence of mental condition pursuant to section 16-8-107(3)(b) need only provide timely notice of his intent to present…”
People v. Chavez, 629 P.2d 1040 (Colo. 1981).
· cites it 12× “In such a case three events already will have occurred which render this statutory allocation permissible: (1) there will have been a judicial determination of probable cause to believe that the defendant committed the acts charged against him as *1051 a crime, section…”
People v. Low, 732 P.2d 622 (Colo. 1987).
· cites it 11× “The prosecution asserts that the trial court erred as a matter of law in considering evidence of the defendant’s chemically induced insanity because the defendant did not specially plead at arraignment the defense of insanity as required by section 16-8-103(1), 8A C.R.S. (1986),…”
Gray v. Dist. Court of the Eleventh Jud. Dist., 884 P.2d 286 (Colo. 1994).
· cites it 18× “), states in pertinent part: Waiver of Privilege: A defendant who places his mental condition at issue by pleading not guilty by reason of insanity pursuant to section 16-8-103, asserting the affirmative defense of impaired mental condition pursuant to section 16-8-103.”
People v. Garcia, 113 P.3d 775 (Colo. 2005).
· cites it 3× “8 § 16-8-103(l)(a), C.R.S. (2004). The entry and acceptance of such a plea automatically triggers a court-ordered mental health examination of the defendant pursuant to section 16-8-105.”
People v. Roadcap, 78 P.3d 1108 (Colo. Ct. App. 2003).
· cites it 2× “quiring notice and compulsory examination provides in pertinent part: Regardless of whether a defendant enters a plea of not guilty by reason of insanity pursuant to section 16-8-103, the defendant shall not be permitted to introduce evidence in the nature of expert opinion…”
David Manual Labor v. Gibson, 578 P.2d 1059 (Colo. 1978).
· cites it 11× “11(e) nor section 16-8-103 gives a trial court the authority to enter a plea of not guilty by reason of insanity when it has not been requested by the defendant or his counsel.”
People v. Laeke, 271 P.3d 1111 (Colo. 2012).
· cites it 4× “A trial court is required to hold a preliminary hearing if there has been no grand jury indictment or preliminary hearing prior to the entry of a plea of NGRIL § 16-8-103@8), C.R.S. (2011). This mandatory hearing operates as a "check" on the People by requiring that there be…”
Johnson v. State, 439 A.2d 542 (Md. 1982).
· cites it 2× “); Colo. Rev. Stat. § 16-8-103 (1) (1973, 1980 Supp.”
People v. Moody, 630 P.2d 74 (Colo. 1981).
· cites it 3× “Section 16-8-103(3), C.R.S. 1973 (1978 Repl.”
People v. Vanrees, 125 P.3d 403 (Colo. 2005).
· cites it 2× “” § 16-8-103(1.5), C.R.S. (2005). This defense must be raised at the time of arraignment, or at any time before trial when the court permits it for good cause shown.”
— Colo. Rev. Stat. § 16-8-103(1) — 14 cases
People v. Low, 732 P.2d 622 (Colo. 1987).
“The prosecution asserts that the trial court erred as a matter of law in considering evidence of the defendant’s chemically induced insanity because the defendant did not specially plead at arraignment the defense of insanity as required by section 16-8-103(1), 8A C.R.S. (1986),…”
— Colo. Rev. Stat. § 16-8-103(1)(a) — 2 cases
In Re People v. Rosas, 2020 CO 22 (Colo. 2020).
“¶9 Whereas a defendant who raises the defense of insanity must plead NGRI, see § 16-8-103(1.5)(a), C.R.S. (2019), a defendant who wishes to introduce expert evidence of mental condition pursuant to section 16-8-107(3)(b) need only provide timely notice of his intent to present…”
— Colo. Rev. Stat. § 16-8-103(1)(b) — 1 case
In Re People v. Rosas, 2020 CO 22 (Colo. 2020).
“¶9 Whereas a defendant who raises the defense of insanity must plead NGRI, see § 16-8-103(1.5)(a), C.R.S. (2019), a defendant who wishes to introduce expert evidence of mental condition pursuant to section 16-8-107(3)(b) need only provide timely notice of his intent to present…”
— Colo. Rev. Stat. § 16-8-103(2) — 8 cases
Hendricks v. People, 10 P.3d 1231 (Colo. 2000).
“Prior to trial, pursuant to sections 16-8-103(2), 6 C.R.S. (1999), and 16-8-103.”
David Manual Labor v. Gibson, 578 P.2d 1059 (Colo. 1978).
“11(e) nor section 16-8-103 gives a trial court the authority to enter a plea of not guilty by reason of insanity when it has not been requested by the defendant or his counsel.”
People v. Laeke, 271 P.3d 1111 (Colo. 2012).
“A trial court is required to hold a preliminary hearing if there has been no grand jury indictment or preliminary hearing prior to the entry of a plea of NGRIL § 16-8-103@8), C.R.S. (2011). This mandatory hearing operates as a "check" on the People by requiring that there be…”
— Colo. Rev. Stat. § 16-8-103(3) — 3 cases
People v. Chavez, 629 P.2d 1040 (Colo. 1981).
“In such a case three events already will have occurred which render this statutory allocation permissible: (1) there will have been a judicial determination of probable cause to believe that the defendant committed the acts charged against him as *1051 a crime, section…”
People v. Moody, 630 P.2d 74 (Colo. 1981).
“Section 16-8-103(3), C.R.S. 1973 (1978 Repl.”
— Colo. Rev. Stat. § 16-8-103(4) — 4 cases
People v. Chavez, 629 P.2d 1040 (Colo. 1981).
“In such a case three events already will have occurred which render this statutory allocation permissible: (1) there will have been a judicial determination of probable cause to believe that the defendant committed the acts charged against him as *1051 a crime, section…”
— Colo. Rev. Stat. § 16-8-103(l)(a) — 1 case
People v. Garcia, 113 P.3d 775 (Colo. 2005).
“8 § 16-8-103(l)(a), C.R.S. (2004). The entry and acceptance of such a plea automatically triggers a court-ordered mental health examination of the defendant pursuant to section 16-8-105.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.