When a determination is to be made as to a defendant's eligibility for release, the court shall explain to the defendant the nature and consequences of the proceeding and the rights of the defendant under this section, including his or her right to a jury trial upon the question of eligibility for release. The defendant, if he or she wishes to contest the question, may request a hearing which shall then be granted as a matter of right. At the hearing, the defendant and the prosecuting attorney are entitled to be present in person, to examine any reports of examination or other matter to be considered by the court as bearing upon the determination, to introduce evidence, summon witnesses, cross-examine witnesses for the other side or the court, and to make opening and closing statements and argument. The court may examine or cross-examine any witness called by the defendant or prosecuting attorney and may summon and examine witnesses on its own motion.
Source: L. 72: R&RE, p. 232, § 1. C.R.S. 1963: § 39-8-117. L. 2008: Entire section amended, p. 1858, § 13, effective July 1.
Cross references: For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 389, Session Laws of Colorado 2008.