As used in this part 14, unless the context otherwise requires: “Colorado mental health institute” means the Colorado mental health institute at Pueblo. “Mentally incompetent to be executed” means that, due to a mental disease or defect, a person who has been sentenced to death is presently unaware that he or she is to be […]
A person who is sentenced to death shall not be executed so long as the person is mentally incompetent to be executed. Any convicted person who is sentenced to death is presumed mentally competent to be executed. A convicted person may be found mentally incompetent to be executed only on clear and convincing evidence of […]
If, after a sentence of death is imposed, the executive director of the department of corrections, the convicted person’s attorney, or an attorney for the state has a good faith reason to believe that the convicted person may be mentally incompetent to be executed, the executive director, the convicted person’s attorney, or the state attorney […]
On receipt of a motion filed pursuant to section 18-1.3-1403, the district court shall determine whether the motion is timely, as prescribed by section 18-1.3-1405, and whether it presents reasonable grounds for ordering an examination. Prior to making any determinations, the district court shall ensure that the prosecution has an opportunity to respond to the […]
A motion raising the issue of whether a convicted person is mentally incompetent to be executed that is filed pursuant to section 18-1.3-1404 fewer than thirty-five days before the scheduled execution is untimely and shall not be considered by the court unless it is accompanied by both of the following: At least one affidavit from […]
The court may order a restoration hearing at any time on its own motion, on motion of an attorney for the state, or on motion of the convicted person’s attorney. The court shall order a hearing if the executive director of the department of corrections files a report that the convicted person is no longer […]
Within seven days after the district court rules on a motion raising the issue of whether a convicted person is mentally incompetent to be executed filed pursuant to this part 14, a party may file with the Colorado supreme court a petition to obtain a review of the district court’s decision and requesting a stay […]
