Colo. Rev. Stat. § 16-8-116
Release by department of human services authority.
Effective Aug 6, 2025L. 72: R&RE, p. 231, § 1. C.R.S. 1963: § 39-8-116. L. 83: (1) and (2) amended and (3) repealed, pp. 680, 681, §§ 2, 5, effective July 1. L. 86: (1) amended, p. 733, § 1, effective July 1. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 851, § 78, effective July 1. L. 2025: Entire section amended, (HB 25-1058), ch. 15, p. 55, § 19, effective August 6.
- (1) After a finding of not guilty by reason of insanity, when the chief officer of the hospital where a defendant has been committed, or the chief officer's designee, or the director of forensic services in the department of human services, or the director's designee, who has been supervising the defendant's conditional release determines that the defendant no longer requires hospitalization or supervision because the defendant no longer suffers from a mental disease or defect that is likely to cause the defendant to be a danger to the defendant's self, to others, or to the community in the reasonably foreseeable future, the chief officer or the chief officer's designee, or the director or the director's designee, shall report the determination to the court that committed the defendant and the prosecuting attorney, including in the report a report of examination equivalent to a release examination. The clerk of the court shall forthwith furnish a copy of the report to counsel for the defendant.
- (2) Within thirty-five days after receiving the report of the chief officer or the chief officer's designee, or the director or the director's designee, the court shall set a hearing on the discharge of the defendant in accordance with section 16-8-115, whether or not the report is contested.
- (3) Repealed.
Source: L. 72: R&RE, p. 231, § 1. C.R.S. 1963: § 39-8-116. L. 83: (1) and (2) amended and (3) repealed, pp. 680, 681, §§ 2, 5, effective July 1. L. 86: (1) amended, p. 733, § 1, effective July 1. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 851, § 78, effective July 1. L. 2025: Entire section amended, (HB 25-1058), ch. 15, p. 55, § 19, effective August 6.