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18-1.3-1105. Evaluation at insistence of defendant.


(1) If the defendant wishes to be evaluated by an expert of the defendants choice in mental retardation or intellectual and developmental disabilities in connection with the mental retardation or intellectual and developmental disability hearing pursuant to this part 11, the court, upon timely motion, shall order that the evaluator chosen by the defendant be given reasonable opportunity to conduct the evaluation.

(2) Whenever an expert is endorsed as a witness by the defendant, a copy of any report of an evaluation of the defendant shall be furnished to the prosecution within a reasonable time but not less than thirty-five days prior to the mental retardation or intellectual and developmental disability hearing.


Source: L. 2002: Entire article added with relocations, p. 1445, 2, effective October 1. L. 2012: (2) amended,(SB 12-175), ch. 208, p. 868, 120, effective July 1. L. 2018: Entire section amended,(SB 18-096), ch. 44, p. 471, 6, effective August 8.


Editors note: This section is similar to former 16-9-405 as it existed prior to 2002.

Cross references:

For the legislative declaration in SB 18-096, see section 1 of chapter 44, Session Laws of Colorado 2018.


Part 12. Special Proceedings - Sentencing in Class 1 Felonies

18-1.3-1201. Imposition of sentence in class 1 felonies - appellate review - applicability.

18-1.3-1202. Death penalty inflicted by lethal injection.

18-1.3-1203. Genetic testing prior to execution.

18-1.3-1204. Implements - sentence executed by executive director.

18-1.3-1205. Week of execution - warrant.

18-1.3-1206. Execution - witnesses.

18-1.3-1207. Record and certificate of execution.