Colo. Rev. Stat. » Title 16
Colorado Revised Statutes

Colo. Rev. Stat. § 16-8.5-106 (2024)

Evaluation at request of defendant

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(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.

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

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2013–2026 · leading case: Zapata v. People, 2018 CO 82, 428 P.3d 517.
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Zapata v. People, 2018 CO 82, 428 P.3d 517. · cites it 12× “(2018) (defining “[c]ourt-ordered competency evaluation”); § 16-8.5-106, C.R.S. (2018) (allowing a defendant “to be examined by a competency evaluator of his or her own choice”).”
In re the People ex rel. W.P., 2013 CO 11, 295 P.3d 514. · cites it 23× “" - However, the public defender had justified-and the juvenile court denied-her request for a second competency evaluation at state expense on the basis that the Colorado Children's Code's silence on the issue meant it referred to sections 16-8.5-106 and 16-8.5-107, C.R.S.”
People of the State of Colorado v. Austin Rhys McGee, 2026 CO 4, 581 P.3d 1213. · cites it 4× “§ 16-8.5-106(1), C.R.S. (2025). And if the defense asks for an evaluator of its own choosing, the court must "order that the competency evaluator chosen" by the defense "be given reasonable opportunity" to perform the second-opinion evaluation.”
People v. Lindsey, 2018 COA 96, 461 P.3d 553. · cites it 2× “§ 16-8.5-106(1), C.R.S. 2017 (the defendant may move to be examined “by a competency evaluator of his or her own choice in connection with any proceeding under this article”).”
Colo. Rev. Stat. § 16-8.5-106(1): 3 cases
Zapata v. People, 2018 CO 82, 428 P.3d 517. “(2018) (defining “[c]ourt-ordered competency evaluation”); § 16-8.5-106, C.R.S. (2018) (allowing a defendant “to be examined by a competency evaluator of his or her own choice”).”
People of the State of Colorado v. Austin Rhys McGee, 2026 CO 4, 581 P.3d 1213. “§ 16-8.5-106(1), C.R.S. (2025). And if the defense asks for an evaluator of its own choosing, the court must "order that the competency evaluator chosen" by the defense "be given reasonable opportunity" to perform the second-opinion evaluation.”
People v. Lindsey, 2018 COA 96, 461 P.3d 553. “§ 16-8.5-106(1), C.R.S. 2017 (the defendant may move to be examined “by a competency evaluator of his or her own choice in connection with any proceeding under this article”).”
Colo. Rev. Stat. § 16-8.5-106(2): 1 case
People of the State of Colorado v. Austin Rhys McGee, 2026 CO 4, 581 P.3d 1213. “§ 16-8.5-106(1), C.R.S. (2025). And if the defense asks for an evaluator of its own choosing, the court must "order that the competency evaluator chosen" by the defense "be given reasonable opportunity" to perform the second-opinion evaluation.”
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