(1) The court may order a restoration to competency hearing, as defined in section 19-2-103 (14.3), at any time on its own motion, on motion of the prosecuting attorney, or on motion of the juvenile. The court shall order a restoration of competency hearing if a competency evaluator with the qualifications described in section 19-2-1302 (4)(b) files a report certifying that the juvenile is competent to proceed.
At the hearing, if the question is contested, the burden of submitting evidence and theburden of proof by a preponderance of the evidence shall be upon the party asserting that the juvenile is competent.
At the restoration to competency hearing, the court shall determine whether the juvenile has achieved or is restored to competency.
Source: L. 2005: Entire part added, p. 1053, § 1, effective July 1. L. 2008: (1) amended, p. 1859, § 17, effective July 1. L. 2009: (1) amended, (SB 09-292), ch. 369, p. 1950, § 39, effective August 5. L. 2018: (1) and (3) amended, (HB 18-1050), ch. 56, p. 596, § 5, effective July 1.
Cross references: For the legislative declaration contained in the 2008 act amending subsection (1), see section 1 of chapter 389, Session Laws of Colorado 2008.