Findings of fact and conclusions of law.

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(1) After the evidentiary hearing, the court shall, within seven days, make oral or written findings of fact and conclusions of law.

  1. If the court finds beyond a reasonable doubt that the defendant, if at large, constitutesa threat of bodily harm to members of the public, the court shall commit the defendant pursuant to section 18-1.3-904.

  2. If the court does not find as provided in subsection (2) of this section, it shall terminate proceedings under this part 9 and proceed with sentencing as otherwise provided by law.

  3. If the findings and conclusions are oral, they shall be reduced to writing and filedwithin fourteen days, and the defendant shall not be committed to the custody of the department pursuant to section 18-1.3-904 until the findings and conclusions are filed.

Source: L. 2002: Entire article added with relocations, p. 1433, § 2, effective October 1. L. 2012: (1) and (4) amended, (SB 12-175), ch. 208, p. 868, § 118, effective July 1.

Editor's note: This section is similar to former § 16-13-211 as it existed prior to 2002.


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