(1) After a finding of not guilty by reason of insanity, when the chief officer of the hospital where a defendant has been committed, or the chief officer's designee, or the director of forensic services in the department of human services, or the director's designee, who has been supervising the defendant's conditional release determines that the defendant no longer requires hospitalization or supervision because the defendant no longer suffers from a mental disease or defect that is likely to cause the defendant to be a danger to the defendant's self, to others, or to the community in the reasonably foreseeable future, the chief officer or the chief officer's designee, or the director or the director's designee, shall report the determination to the court that committed the defendant and the prosecuting attorney, including in the report a report of examination equivalent to a release examination. The clerk of the court shall forthwith furnish a copy of the report to counsel for the defendant.
(2) Within thirty-five days after receiving the report of the chief officer or the chief officer's designee, or the director or the director's designee, the court shall set a hearing on the discharge of the defendant in accordance with section 16-8-115, whether or not the report is contested.
(3) Repealed.
Source: L. 72: R&RE, p. 231, § 1. C.R.S. 1963: § 39-8-116. L. 83: (1) and (2) amended and (3) repealed, pp. 680, 681, §§ 2, 5, effective July 1. L. 86: (1) amended, p. 733, § 1, effective July 1. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 851, § 78, effective July 1. L. 2025: Entire section amended, (HB 25-1058), ch. 15, p. 55, § 19, effective August 6.
ANNOTATION
This section, read in conjunction with §§ 16-8-115 and 16-8-117, entitles a defendant to a release hearing to be held by the court, or, on demand by the defendant, to a jury not to exceed six persons. This hearing is mandated for a defendant committed after a finding of not guilty by reason of insanity, whether or not eligibility for release is contested. People v. Lowe, 967 P.2d 177 (Colo. App. 1998).
No broad right of discovery in release proceedings. Based on this section and §§ 16-8-115 and 16-8-117 and on the special nonadversary nature of a release inquiry, the participants in release proceedings do not have the broad right of discovery as provided in the rules of civil procedure. People v. District Court, 192 Colo. 225, 557 P.2d 414 (1976).
Subsections (1) and (2) indicate legislative intent to vest the committing court with continuing subject matter jurisdiction to determine questions relating to the treatment needs of a committed defendant. People v. Gilliland, 769 P.2d 477 (Colo. 1989).
The weight and credence given to testimony of expert clinical psychologist at hearing concerning release under this section is for the jury. People v. Lyles, 186 Colo. 302, 526 P.2d 1332 (1974).
For purposes of determining eligibility for release, the terms "mental disease or defect", as used in this section, and "abnormal mental condition", as used in § 16-8-120, are equivalent. People v. Parrish, 879 P.2d 453 (Colo. App. 1994); Parrish v. State of Colo., 78 F.3d 1473 (10th Cir. 1996).
Applied in People v. Chavez, 629 P.2d 1040 (Colo. 1981); People v. Benns, 641 P.2d 298 (Colo. App. 1981); People v. Lopez, 640 P.2d 275 (Colo. App. 1982).