Colorado Code § 16-8-120

Applicable tests for release
Open in Lexace · Ask the AI about this section
(1) As to any person charged with any crime
allegedly committed on or after June 2, 1965, the test for determination of a defendant's sanity
for release from commitment, or his eligibility for conditional release, shall be: "That the
defendant has no abnormal mental condition which would be likely to cause him to be dangerous
either to himself or to others or to the community in the reasonably foreseeable future".
(2) As to any person charged with any crime allegedly committed prior to June 2, 1965,
the test for determination of a defendant's sanity for release from commitment, or his eligibility
for conditional release, shall be the test provided by law at the time of the alleged crime to
determine the sanity or insanity of such defendant.
(3) As to any person charged with any crime allegedly committed on or after July 1,
1983, the test for determination of a defendant's sanity for release from commitment, or his
eligibility for conditional release, shall be: "That the defendant has no abnormal mental
condition which would be likely to cause him to be dangerous either to himself or others or to
the community in the reasonably foreseeable future, and is capable of distinguishing right from
wrong and has substantial capacity to conform his conduct to requirements of law".
(4) As to any person charged with any crime allegedly committed on or after July 1,
1983, but before July 1, 1995, resulting in commitment by reason of impaired mental condition,
the test for determination of a defendant's mental condition for release from commitment, or a
defendant's eligibility for conditional release, shall be: "That the defendant has no abnormal
mental condition which would be likely to cause the defendant to be dangerous either to himself
or herself or to others or to the community in the reasonably foreseeable future".

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.