Psychiatric examination and report.

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(1) (a) After advising the defendant of his or her rights, the court shall forthwith commit the defendant to the Colorado mental health institute at Pueblo, the university of Colorado psychiatric hospital, or the county jail.

  1. If committed to the Colorado mental health institute at Pueblo or the university ofColorado psychiatric hospital, the defendant shall be examined by two psychiatrists of the receiving institution.

  2. If committed to the county jail, the defendant shall be examined by two psychiatristsappointed by the court.

(2) (a) The examining psychiatrists shall make independent written reports to the court which shall contain the opinion of the psychiatrist as to whether the defendant, if at large, constitutes a threat of bodily harm to members of the public.

(b) The written reports shall also contain opinions concerning:

  1. Whether the defendant is mentally deficient;

  2. Whether the defendant could benefit from psychiatric treatment; and(III) Whether the defendant could be adequately supervised on probation.

(3) The examinations shall be made and the reports filed with the court and the probation department within sixty-three days after the commencement of proceedings, and this time may not be enlarged by the court.

Source: L. 2002: Entire article added with relocations, p. 1432, § 2, effective October 1. L. 2012: (3) amended, (SB 12-175), ch. 208, p. 867, § 115, effective July 1.

Editor's note: This section is similar to former § 16-13-207 as it existed prior to 2002.


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