(1) The provisions of this part 13 shall only apply to proceedings under this title.
A juvenile shall not be tried or sentenced if the juvenile is incompetent to proceed, asdefined in section 19-2-103 (9.5), at that stage of the proceedings against him or her. Juveniles, like adults, are presumed competent to proceed, as defined in section 19-2-103 (3.3), until such time as they are found incompetent to proceed through a decision by the court. A determination of competency must include an evaluation of developmental disabilities, mental disabilities, and mental capacity. Age alone is not determinative of incompetence without a finding that the juvenile actually lacks the relevant capacities for competence.
When a party specified in this subsection (3) has reason to believe that a juvenile isincompetent to proceed in a delinquency action, the party shall raise the question of the juvenile's competency in the following manner:
On its own motion, the court shall suspend the proceeding and determine the competency or incompetency of the juvenile as provided in section 19-2-1302;
By motion of the prosecution, probation officer, guardian ad litem, or defense, madein advance of the commencement of the particular proceeding. The motion may be filed after the commencement of the proceeding if, for good cause shown, the mental condition of the juvenile was not known or apparent before the commencement of the proceeding.
By the juvenile's parent or legal guardian.
(4) If the issue of competency is raised at the time charges are filed or at any time thereafter and the juvenile is not represented by counsel, the court may immediately appoint counsel and may also appoint a guardian ad litem to assure the best interests of the juvenile are addressed in accordance with existing law.
Source: L. 2005: Entire part added, p. 1050, § 1, effective July 1. L. 2008: (2) amended, p. 1859, § 15, effective July 1. L. 2009: (2) amended, (SB 09-292), ch. 369, p. 1950, § 37, effective August 5. L. 2018: (2) amended, (HB 18-1050), ch. 56, p. 596, § 3, effective July 1.
Cross references: For the legislative declaration contained in the 2008 act amending subsection (2), see section 1 of chapter 389, Session Laws of Colorado 2008.