Mentally retarded defendant or defendant with an intellectual and developmental disability - death penalty not imposed

Colo. Rev. Stat. § 18-1.3-1103, under SPECIAL PROCEEDINGS - PRETRIAL MOTIONS IN CLASS 1 FELONY CASES ALLEGING THAT A DEFENDANT IS A MENTALLY RETARDED DEFENDANT.

Colo. Rev. Stat. § 18-1.3-1103

A sentence of death shall not be imposed upon any defendant who is determined to be a mentally retarded defendant or a defendant with an intellectual and developmental disability pursuant to section 18-1.3-1102. If any person who is determined to be a mentally retarded defendant or a defendant with an intellectual and developmental disability is found guilty of a class 1 felony, such defendant shall be sentenced to life imprisonment.

Source: L. 2002: Entire article added with relocations, p. 1444, § 2, effective October 1. L. 2018: Entire section amended, (SB 18-096), ch. 44, p. 470, § 4, effective August 8.