Title 16, Criminal Proceedings

(1) The terms and conditions imposed upon a defendant's release pursuant to section 16-8-115 (3) or (4) may be enforced as are any other orders of court. (2) (Deleted by amendment, L. 94, p. 1423, §2, effective July 1, 1994.) (3) Whenever the director of forensic services in the …

(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 bee…

When a determination is made as to a defendant's eligibility for conditional or unconditional release, the court shall explain to the defendant the nature and consequences of the proceeding and the rights of the defendant pursuant to this section, including the defendant's right …

(1) The chief officer of the institution where a defendant has been committed pursuant to this article 8 or article 8.5 of this title 16, or the chief officer's designee, may authorize treatment and rehabilitation activities involving community placement of the defendant or tempo…

In all proceedings brought pursuant to this article 8, upon motion of the defendant and proof that the defendant is indigent and without funds to employ physicians, psychologists, or attorneys to which the defendant is entitled under this article 8, the court shall appoint the ph…

(1) As to any person charged with any crime allegedly committed on or after June 2, 1965, the test for determination of a defendant's sanity for release from commitment, or the defendant's eligibility for conditional release, is: "That the defendant has no abnormal mental conditi…

(1) If any defendant, confined in an institution for the care and treatment of persons with behavioral or mental health disorders or intellectual and developmental disabilities under the supervision of the executive director of the department of human services, escapes from the i…

Upon the termination of the period of observation of a defendant committed under section 16-8-106, the authorities shall present to the court their account, evidenced by a statement thereof based upon the established per diem rate of the place of confinement. If approved by the c…

(1) In every criminal case, the prosecuting attorney and the defendant have the right to compel the attendance of witnesses and the production of tangible evidence by service upon them of a subpoena to appear for examination as a witness at any proceeding before the court. Servic…

As used in this part 2, unless the context otherwise requires: (1) "State" includes any territory of the United States and the District of Columbia. (2) "Summons" includes a subpoena, order, or other notice requiring the appearance of a witness. (3) "Witness" includes a person wh…

(1) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of the court that there is a criminal prosecution pending in such court or that a grand jury…

(1) If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this state is a material witness in a prosecution pending in a…

(1) If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose b…

The procedures set forth in this part 2 shall apply to both the compulsory attendance of witnesses and the production of tangible evidence by witnesses located in this state whose presence is required in an action in another state and to witnesses from another state whose presenc…

As used in this part 3, unless the context otherwise requires: (1) "Summons" includes a subpoena, order, or other notice requiring the appearance of a witness. (2) "Witness" includes a person whose testimony is desired or who is desired to produce tangible evidence in any proceed…

(1) In order to secure the attendance of a material witness who either the prosecution or the defense has reasonable grounds to believe will absent himself from the jurisdiction of the requesting court, a judge of a court of record in any county in this state upon such showing ma…

When a person enters into or passes through any county in this state in obedience to a summons issued pursuant to section 16-9-302 (2) or when returning from testifying under the summons, he shall not be subject to arrest or the service of process, civil or criminal, in connectio…

If a defendant in a criminal proceeding files a motion or other pleading that includes a claim alleging a state statute or municipal ordinance is unconstitutional, the defendant shall serve the attorney general with a copy of the motion or pleading. The attorney general shall be …

(1) For purposes of this part 6, "sexually exploitative material" shall have the same meaning as provided in section 18-6-403 (2)(j), C.R.S. (2) For the reasons stated in section 18-6-403 (1) and (1.5), C.R.S., regarding the harm and victimization related to sexually exploitative…

(1) (a) There is created the discovery project steering committee convened to assist in developing a request for proposal application and selection process to choose a vendor to develop a statewide discovery sharing system. The steering committee consists of: (I) The attorney gen…

(1) The Colorado district attorneys' council shall develop and maintain a statewide discovery sharing system integrated with its ACTION system. The statewide discovery sharing system must be operational by July 1, 2017. The Colorado district attorneys' council shall maintain and …

(1) (a) The defense has the right to view and inspect any tangible object held by law enforcement in connection with a case at any location designated and operated by or under contract with the law enforcement agency as soon as practicable, but no later than thirty-five days befo…

The right of a person who is accused of an offense other than a noncriminal traffic infraction or offense, civil infraction, or offense other than a municipal charter, municipal ordinance, or county ordinance violation as provided in section 16-10-109 (1), to have a trial by jury…

In all criminal cases where the panel of jurors is exhausted by challenge or otherwise, and whether any juror has been selected and sworn or not, the court may order the issuance of a venire for any number of jurors not exceeding twenty-four, returnable forthwith, out of which pe…

(1) The court shall sustain a challenge for cause on one or more of the following grounds: (a) Absence of any qualification prescribed by statute to render a person competent as a juror; (b) Relationship within the third degree, by blood, adoption, or marriage, to a defendant or …

(1) (a) In capital cases and in cases in which the defendant is charged with murder in the first degree, the state and the defendant, when there is one defendant, are each entitled to ten peremptory challenges. In all other cases where there is one defendant and the punishment ma…

The court may direct that a sufficient number of jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict,…

Where a jury of twelve has been sworn to try the case, and any juror by reason of illness or other cause becomes unable to continue until a verdict is reached, the court may excuse such juror. If no alternate juror is available to replace the juror, the parties at any time before…

A challenge to the panel is an objection to the entire panel of prospective trial jurors made by the defendant or by the prosecuting attorney. No challenge to the panel shall be made, except as provided by section 13-71-139, C.R.S. Source: L. 72: R&RE, p. 238, § 1. C.R.S. 1963: §…

The verdict of the jury shall be unanimous. The jury shall return its verdict in open court, but a sealed verdict may be received as provided by rule of the supreme court of Colorado. Source: L. 72: R&RE, p. 238, § 1. C.R.S. 1963: § 39-10-108. ANNOTATION Although there is a statu…

(1) For the purposes of this section, "petty offense" means any crime or offense classified as a petty offense or, if not so classified, which is punishable by imprisonment other than in a correctional facility for not more than six months, or by a fine of not more than five hund…

At the trial of any felony in which the prosecution is not seeking the death penalty, upon the request of the prosecution or the defendant, the court shall instruct the jury during voir dire that the prosecution is not seeking the death penalty. Source: L. 89: Entire section adde…

(1) Where a witness in a criminal trial has made a previous statement inconsistent with his testimony at the trial, the previous inconsistent statement may be shown by any otherwise competent evidence and is admissible not only for the purpose of impeaching the testimony of the w…

When on the trial of any indictment, information, felony complaint, or complaint for any offense there appears to be any variance between the statements in the indictment, complaint, or information and the evidence offered in proof thereof, of any given name or surname, or both g…

(1) The general assembly hereby finds and declares that sexual offenses are a matter of grave statewide concern. These frequently occurring offenses are aggressive and assaultive violations of the well-being, privacy, and security of the victims, are severely contrary to common n…

Notwithstanding any sequestration order entered by the court that excludes members of the general public from a jury trial or a trial before the court, the court may allow a victim's advocate to remain in the courtroom during such trial. For the purposes of this section, "victim'…

(1) (a) When a witness at the time of a trial is a child under eighteen years old or is a person who has an intellectual and developmental disability as defined in section 25.5-10-202, the court may, upon motion of a party or upon its own motion, order that the witness's testimon…

(1) As used in this section, unless the context otherwise requires: (a) "Closed-circuit television" means a direct, closed-loop audio and video transmission system that allows private viewing and is not publicly broadcast, and may include the use of other digital or wireless tech…

The court may, if it determines that the best interest of a child in a closed proceeding overrides the public interest in an open criminal proceeding and the defendant's right to a public trial, close the court to the public when images of sexually exploitative materials or foren…

(1) As used in this section, unless the context otherwise requires: (a) "Court facility dog" means a dog that is a graduate of an assistance dog organization that is accredited by an internationally recognized organization whose main purpose is to grant accreditation to assistanc…

(1) If the defendant is assessed any fines, fees, costs, surcharges, or other monetary assessments with regard to the sentencing or other disposition of a felony, misdemeanor, petty offense, civil infraction, traffic offense, or traffic infraction and does not pay all amounts ass…

(1) In addition to any other penalty authorized by law, after a defendant has been convicted of or entered a plea of guilty or nolo contendere to a felony offense, or enters into a plea bargain agreement concerning a felony offense which is reduced to a misdemeanor pursuant to su…

(1) In any case in which a defendant has an unsatisfied fine, fee, cost, or surcharge obligation imposed pursuant to law or a court order, the judicial department is authorized to transmit data concerning the obligation to the department of revenue for the purpose of conducting a…

(1) (a) (I) Following the return of a verdict of guilty of a felony, other than a class 1 felony, or following a finding of guilt on such charge where the issues were tried to the court, or on a plea of guilty or nolo contendere to such a charge, or upon order of the court in any…

(1) Each of the following convicted offenders must submit to and pay for collection and a chemical testing of the offender's biological substance sample to determine the genetic markers thereof, unless the offender has already provided a biological substance sample for the testin…

(1) The purposes of this article 11 with respect to probation are: (a) To serve as a sentencing option and a response to crime in order to moderate and deter future criminal behavior and victimization; (b) To support persons in behavior change through the coordination and provisi…