(1) If a juvenile is found to have achieved or been restored to competency after a restoration to competency hearing, as provided in section 19-2-1304, or by the court during a review, as provided in section 19-2-1303 (2), the court shall resume or recommence the trial or sentencing proceeding or order the sentence carried out. The court may credit any time the juvenile spent in confinement or detention while incompetent to proceed against any term of commitment imposed after achievement of or restoration to competency.
If the court determines that the juvenile remains incompetent to proceed and thedelinquency petition is not dismissed, the court may continue or modify any orders entered at the time of the original determination of incompetency or enter any new order necessary to facilitate the juvenile's achievement of or restoration to competency.
Evidence obtained during a competency evaluation or during treatment related to thejuvenile's competency or incompetency and the determination as to the juvenile's competency or incompetency are not admissible on the issues raised by a plea of not guilty.
Source: L. 2005: Entire part added, p. 1054, § 1, effective July 1. L. 2018: (1) and (2) amended, (HB 18-1050), ch. 56, p. 597, § 6, effective July 1.