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

Colo. Rev. Stat. § 16-8.5-107 (2026)

Counsel and evaluators for indigent defendants

✓ current as of July 2026
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In all proceedings brought pursuant to this article 8.5, the court shall appoint a competency evaluator or an attorney for the defendant at the state's expense upon motion of the defendant with proof that the defendant is indigent and without money to employ a competency evaluator or attorney to which the defendant is entitled pursuant to this article 8.5. The court shall pay for a second evaluation if a second evaluation is requested by an indigent defendant.

Source: L. 2008: Entire article added, p. 1843, § 2, effective July 1. L. 2024: Entire section amended, (HB 24-1034), ch. 372, p. 2506, § 5, effective June 4.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2013–2026 · leading case: In re the People ex rel. W.P., 295 P.3d 514 (Colo. 2013).
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In re the People ex rel. W.P., 295 P.3d 514 (Colo. 2013). · cites it 7× “Finally, section 16-8.5-107 explicitly entitles an indigent defendant to receive an initial competency evaluation "at state expense" and a second evaluation "paid for by the court.”
The People of the State of Colorado, In Re Plaintiff: v. Austin Rhys McGee, Defendant:, 2026 CO 4 (Colo. 2026). · cites it 4× “§ 16-8.5-107, C.R.S. (2025). ¶22 The report from a second-opinion evaluation performed by an evaluator chosen by the defense must be provided to the court and the prosecution within a reasonable amount of time before any hearing.”
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