(1) Any defendant may file a motion with the trial court in which the defendant may allege that such defendant is a mentally retarded defendant or a defendant with an intellectual and developmental disability. The motion must be filed at least ninety-one days prior to trial.
The court shall hold a hearing upon any motion filed pursuant to subsection (1) ofthis section and shall make a determination regarding the motion no later than fourteen days prior to trial. At such hearing, the defendant must be permitted to present evidence with regard to the motion and the prosecution must be permitted to offer evidence in rebuttal. The defendant has the burden of proof to show by clear and convincing evidence that he or she is mentally retarded or has an intellectual and developmental disability.
The court shall enter specific findings of fact and conclusions of law regarding whether or not the defendant is a mentally retarded defendant or a defendant with an intellectual and developmental disability, as defined in section 18-1.3-1101.
Source: L. 2002: Entire article added with relocations, p. 1444, § 2, effective October 1. L. 2012: (1) and (2) amended, (SB 12-175), ch. 208, p. 868, § 119, effective July 1. L. 2018: Entire section amended, (SB 18-096), ch. 44, p. 469, § 3, effective August 8.
Editor's note: This section is similar to former § 16-9-402 as it existed prior to 2002.
Cross references: For the legislative declaration in SB 18-096, see section 1 of chapter 44, Session Laws of Colorado 2018.