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Colorado Revised Statutes

Colo. Rev. Stat. § 16-8-113 (2026)

Restoration to competency

✓ current as of July 2026
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(Repealed)

Source: L. 72: R&RE, p. 230, § 1. C.R.S. 1963: § 39-8-113. L. 2009: Entire section repealed, (HB 09-1253), ch. 128, p. 552, § 4, effective August 5.

Notes of Decisions
Cited in 7 cases, 1977–1995 · leading case: People v. Harris, 914 P.2d 425 (Colo. Ct. App. 1995).
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People v. Harris, 914 P.2d 425 (Colo. Ct. App. 1995). · cites it 5× “According to § 16-8-113, C.R.S. (1986 Repl.Vol. 8A), once a defendant has been found incompetent, “[t]he court shall order a hearing if the head of an institution to which the defendant is committed files a report that the defendant is mentally competent to proceed or if a…”
People v. Gillings, 568 P.2d 92 (Colo. Ct. App. 1977). · cites it 4× “1973), and an incompetent restored to competency (§ 16-8-113, C.R.S.1973). Simply stated, insane persons are, under the law, not necessarily incompetent to stand trial because of the fact of their insanity.”
People v. Kibel, 701 P.2d 37 (Colo. 1985). “§§ 16-8-113 and -114.5(2), 8 C.R.S. (1978 & 1984 Supp.”
Kort v. Carlson, 723 P.2d 143 (Colo. 1986). · cites it 2× “Such review may be held in conjunction with a restoration hearing under section 16-8-113. Prior to each such review the institution treating the defendant shall provide the court with a report regarding the competency of the defendant.”
People v. Adrian, 701 P.2d 45 (Colo. 1985). “The defendant contended that the CSOA denied his constitutional right to equal protection of the laws because it does not provide for judicial review of the justification for his continued commitment, while such right is afforded to civil committees, § 27-10-109(5), 11 C.R.S.…”
Coolbroth v. Dist. Court of the Seventeenth Jud. Dist. ex rel. Cnty. of Adams, 766 P.2d 670 (Colo. 1988). · cites it 2× “Such review may be held in conjunction with a restoration hearing under section 16-8-113. Prior to each such review, the institution treating the defendant shall provide the court with a report regarding the competency of the defendant.”
Coolbroth v. Dist. Court of 17th Jud. D., 766 P.2d 670 (Colo. 1988). · cites it 2× “Such review may be held in conjunction with a restoration hearing under section 16-8-113. Prior to each such review, the institution treating the defendant shall provide the court with a report regarding the competency of the defendant.”
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