2021 Colorado Code
Title 18 - Criminal Code
Article 1.3 - Sentencing in Criminal Cases
Part 9 - Sentencing of Sex Offenders
§ 18-1.3-908. Psychiatric Examination and Report

1. 1. After advising the defendant of his or her rights, the court shall forthwith commit the defendant to the Colorado mental health institute at Pueblo, the university of Colorado psychiatric hospital, or the county jail.
   2. If committed to the Colorado mental health institute at Pueblo or the university of Colorado psychiatric hospital, the defendant shall be examined by two psychiatrists of the receiving institution.
   3. If committed to the county jail, the defendant shall be examined by two psychiatrists appointed by the court.

2. 1. The examining psychiatrists shall make independent written reports to the court which shall contain the opinion of the psychiatrist as to whether the defendant, if at large, constitutes a threat of bodily harm to members of the public.
   2. The written reports shall also contain opinions concerning:
      1. Whether the defendant is mentally deficient;
      2. Whether the defendant could benefit from psychiatric treatment; and
      3. Whether the defendant could be adequately supervised on probation.

3. The examinations shall be made and the reports filed with the court and the probation department within sixty-three days after the commencement of proceedings, and this time may not be enlarged by the court.

History. Source: L. 2002: Entire article added with relocations, p. 1432, § 2, effective October 1. L. 2012: (3) amended,(SB 12-175), ch. 208, p. 867, § 115, effective July 1.

This section is similar to former § 16-13-207 as it existed prior to 2002.

Annotator's note. Since § 18-1.3-908 is similar to § 16-13-207 as it existed prior to the 2002 relocation of certain criminal sentencing provisions, relevant cases construing those provisions have been included in the annotations to this section.

The requirements of this section are: (1) That there should be a complete psychiatric examination; (2) that there should be a complete written report containing all facts and findings, together with recommendations as to whether the person was treatable under the provisions of the article; (3) and that the report contain a psychiatrist's opinion as to whether the person could be adequately supervised on probation. Ray v. People, 160 Colo. 173 , 415 P.2d 328 (1966) (decided under repealed § 39-19-2 , C.R.S. 1963).

Order for removal of a defendant to another state for psychiatric examination in connection with proceedings held solely in Colorado issued without statutory authority. People v. District Court, 195 Colo. 14 , 575 P.2d 7 (1978).

Where trial court failed to meet certain deadlines contained in the statutes, the trial court could not, on its own motion, sentence the defendant under the Sex Offender's Act of 1968. People v. Wortham, 928 P.2d 771 (Colo. App. 1996).

Applied in People v. White, 656 P.2d 690 (Colo. 1983).