# C.R.S. § 16-8.5-102: 16-8.5-102. Competency to proceed - how and when raised > Colorado · Statutes · Repealed URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_T16_A8.5_S16-8.5-102 ## Section - **Citation:** C.R.S. § 16-8.5-102 - **Heading:** 16-8.5-102. Competency to proceed - how and when raised - **Jurisdiction:** Colorado - **Kind:** Statutes - **Status:** Repealed - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** CO Code / Title 16 / Article 8.5 / Section 16-8.5-102 ## Text 16-8.5-102. Competency to proceed - how and when raised. (1) While a defendant is incompetent to proceed, the defendant must not be tried or sentenced, nor shall the court consider or decide pretrial matters that are not susceptible of fair determination without the personal participation of the defendant. However, a determination that a defendant is incompetent to proceed does not preclude the furtherance of the proceedings by the court to consider and decide matters, including a preliminary hearing and motions, that are susceptible of fair determination prior to trial and without the personal participation of the defendant. Those proceedings may be later reopened if, in the discretion of the court, substantial new evidence is discovered after and as a result of the defendant's restoration to competency. (2) The question of a defendant's competency to proceed must be raised in only one of the following manners: (a) If the judge has reason to believe that the defendant is incompetent to proceed, the judge shall suspend the proceeding and determine the competency or incompetency of the defendant pursuant to section 16-8.5-103; (b) If either the defense or the prosecution has reason to believe that the defendant is incompetent to proceed, either party may file a motion in advance of the commencement of the particular proceeding. A motion to determine competency shall be in writing and contain a certificate of counsel stating that the motion is based on a good faith doubt that the defendant is competent to proceed. The motion must set forth the specific facts that have formed the basis for the motion. The court must seal the motion. If the motion is made by the prosecution, the prosecution shall provide the defense a copy of the motion. If the motion is made by the defense, the defense shall provide the prosecution notice of the filing of the motion at the time of filing, and if the defense requests a hearing, the defense shall provide the motion to the prosecution at the time the hearing is requested. The motion may be filed after the commencement of the proceeding if, for good cause shown, the defendant's mental disability or developmental disability was not known or apparent before the commencement of the proceeding. (c) Repealed. (d) By the public defender liaison, as described in section 21-1-104 (6), or an attorney representing the offender in a parole proceeding. (3) Notwithstanding any provision of this article 8.5 to the contrary, the question of whether a convicted person is mentally incompetent to be executed must be raised and determined pursuant to part 14 of article 1.3 of title 18. (4) If a defendant is eligible for referral to the bridges wraparound care program pursuant article 8.6 of this title 16, the court may ask the parties whether the defendant should be referred for participation in the program. With the agreement of the parties, the court may delay making determinations regarding the defendant's competency to allow a bridges wraparound care coordinator to conduct an initial intake of the defendant pursuant to section 16-8.6-108 to determine whether the bridges wraparound care program is appropriate for the defendant. ## Nearby sections - [C.R.S. § 16-8.5-101 16-8.5-101. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_CO_T16_A8.5_S16-8.5-101.md) - [C.R.S. § 16-8.5-102 16-8.5-102. Competency to proceed - how and when raised](https://www.frixlaw.com/law-library/statutes/STATE_CO_T16_A8.5_S16-8.5-102.md) - [C.R.S. § 16-8.5-103 16-8.5-103. Determination of competency to proceed](https://www.frixlaw.com/law-library/statutes/STATE_CO_T16_A8.5_S16-8.5-103.md) - [C.R.S. § 16-8.5-104 16-8.5-104. Waiver of privilege](https://www.frixlaw.com/law-library/statutes/STATE_CO_T16_A8.5_S16-8.5-104.md) - [C.R.S. § 16-8.5-105 16-8.5-105. Evaluations, locations, time frames, and report](https://www.frixlaw.com/law-library/statutes/STATE_CO_T16_A8.5_S16-8.5-105.md) - [C.R.S. § 16-8.5-106 16-8.5-106. Evaluation at request of defendant](https://www.frixlaw.com/law-library/statutes/STATE_CO_T16_A8.5_S16-8.5-106.md) - [C.R.S. § 16-8.5-107 16-8.5-107. Counsel and evaluators for indigent defendants](https://www.frixlaw.com/law-library/statutes/STATE_CO_T16_A8.5_S16-8.5-107.md) - [C.R.S. § 16-8.5-108 16-8.5-108. Evidence](https://www.frixlaw.com/law-library/statutes/STATE_CO_T16_A8.5_S16-8.5-108.md) - [C.R.S. § 16-8.5-109 16-8.5-109. Advisement on matters to be determined](https://www.frixlaw.com/law-library/statutes/STATE_CO_T16_A8.5_S16-8.5-109.md) - [C.R.S. § 16-8.5-110 16-8.5-110. Testimony of lay witnesses](https://www.frixlaw.com/law-library/statutes/STATE_CO_T16_A8.5_S16-8.5-110.md) - [C.R.S. § 16-8.5-111 16-8.5-111. Procedure after determination of competency or incompetency](https://www.frixlaw.com/law-library/statutes/STATE_CO_T16_A8.5_S16-8.5-111.md) - [C.R.S. § 16-8.5-112 16-8.5-112. Venue for collateral hearings](https://www.frixlaw.com/law-library/statutes/STATE_CO_T16_A8.5_S16-8.5-112.md) - [C.R.S. § 16-8.5-113 16-8.5-113. Restoration to competency](https://www.frixlaw.com/law-library/statutes/STATE_CO_T16_A8.5_S16-8.5-113.md) - [C.R.S. § 16-8.5-114 16-8.5-114. Procedure after hearing concerning restoration to competency](https://www.frixlaw.com/law-library/statutes/STATE_CO_T16_A8.5_S16-8.5-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_T16_A8.5_S16-8.5-102. Check the current official text before relying on it. Not legal advice.