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

Colo. Rev. Stat. § 16-8.5-112 (2026)

Venue for collateral hearings

✓ current as of July 2026
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(1) If a defendant committed to the custody of the department for evaluation or for restoration treatment meets the constitutional requirements for the administration of involuntary medication, the defendant's treating physician may petition the court for an order requiring that the defendant accept the treatment or, alternatively, that the medication be forcibly administered to the defendant. The department shall, prior to the hearing on the petition, deliver a copy of the petition to the court that committed the defendant to the custody of the department, the prosecuting attorney, and the defendant's legal representation in the criminal case, if such representation exists, and to the defendant directly if the defendant does not have legal representation. A physician shall assess and document the defendant's mental status prior to the administration of medication.

(2) A petition for involuntary treatment must be heard in the court of the jurisdiction where the defendant is located. The department shall promptly deliver a copy of the order granting or denying the petition to the court that committed the defendant to the custody of the department, the prosecuting attorney, and the defendant's legal representation in the criminal case, if such representation exists, and to the defendant directly if the defendant does not have legal representation.

(3) If the committing court elects to transfer venue for medication hearings to the court of the jurisdiction where the defendant is located, the committing county shall reimburse the county where the proceeding is heard for the reasonable costs incurred in conducting the proceeding. Alternatively, the district attorney for the committing county, or in any county or any city and county having a population exceeding fifty thousand people, the county attorney for the committing county, may prosecute the proceeding as the proponent of the physician's petition.

(4) If a defendant committed to the custody of the department for evaluation or for restoration treatment is ordered by a court to accept treatment as set forth in subsection (1) of this section and is subsequently returned to jail for pending court proceedings, the county jail may require the defendant to continue to receive the same court-ordered treatment that was administered by the department before the defendant was discharged from inpatient care, or, alternatively, appropriate medical personnel provided by the jail may forcibly administer such court-ordered medication to the defendant.

Source: L. 2008: Entire article added, p. 1846, § 2, effective July 1. L. 2009: (1) and (2) amended and (4) added, (HB 09-1253), ch. 128, p. 550, § 2, effective August 5. L. 2024: (1), (2), and (3) amended, (HB 24-1034), ch. 372, p. 2514, § 10, effective June 4.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2019–2025 · leading case: People in Interest of Ferguson, 2025 COA 82 (Colo. Ct. App. 2025).
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People in Interest of Ferguson, 2025 COA 82 (Colo. Ct. App. 2025). · cites it 4× “¶5 Because Ferguson has consistently refused to take any antipsychotic medication, Denver Health filed a petition in April 2025 to involuntarily medicate him pursuant to section 16-8.5-112, 2 C.R.S. 2025. Dr. Haug requested authorization to treat Ferguson with • four…”
People In Interest of Jesper Joergensen (Colo. Ct. App. 2022). · cites it 10× “§ 16-8.5-112(2), C.R.S. 2022. 5 B. The Second Sell Hearing ¶7 After a second contested hearing in November 2021, the mental health court granted the motion for reconsideration and rescinded its prior involuntary medication order.”
Peo in Interest of Campbell (Colo. Ct. App. 2025). · cites it 3× “¶3 The People filed this case under section 16-8.5-112(1), C.R.S. 2024, seeking authorization for CMHHIP to involuntarily administer 1 psychotropic medications to Campbell.”
State of New Jersey Vs. R.G. (17-04-0189, Somerset Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2019). “Penal Code § 1370 (California); Colo. Rev. Stat. § 16-8.5-112 (Colorado); Conn.”
— Colo. Rev. Stat. § 16-8.5-112(1) — 1 case
Peo in Interest of Campbell (Colo. Ct. App. 2025). “¶3 The People filed this case under section 16-8.5-112(1), C.R.S. 2024, seeking authorization for CMHHIP to involuntarily administer 1 psychotropic medications to Campbell.”
— Colo. Rev. Stat. § 16-8.5-112(2) — 1 case
People In Interest of Jesper Joergensen (Colo. Ct. App. 2022). “§ 16-8.5-112(2), C.R.S. 2022. 5 B. The Second Sell Hearing ¶7 After a second contested hearing in November 2021, the mental health court granted the motion for reconsideration and rescinded its prior involuntary medication order.”
— Colo. Rev. Stat. § 16-8.5-112(4) — 1 case
People In Interest of Jesper Joergensen (Colo. Ct. App. 2022). “§ 16-8.5-112(2), C.R.S. 2022. 5 B. The Second Sell Hearing ¶7 After a second contested hearing in November 2021, the mental health court granted the motion for reconsideration and rescinded its prior involuntary medication order.”
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