2022 Colorado Code
Title 18 - Criminal Code
Article 1.3 - Sentencing in Criminal Cases
Part 9 - Sentencing of Sex Offenders
§ 18-1.3-911. Evidentiary Hearing

1. 1. The court shall set a hearing date at least fourteen days and no more than twenty-eight days after service upon the defendant and his or her counsel of the reports required by sections 18-1.3-908 and 18-1.3-909.
   2. The court may, in its discretion, upon the motion of the defendant, continue the hearing an additional twenty-one days.

2. 1. The court shall, upon motion of the district attorney or the defendant, subpoena all witnesses required by the moving party in accordance with the Colorado rules of criminal procedure.
   2. The district attorney shall serve upon the defendant and his or her counsel a list of all witnesses to be called by the district attorney at least fourteen days before the evidentiary hearing.

3. In the evidentiary hearing, the court shall receive evidence bearing on the issue of whether the defendant, if at large, constitutes a threat of bodily harm to members of the public.
4. In the evidentiary hearing, the following procedure shall govern:
   1. The district attorney may call and examine witnesses, and the defendant shall be allowed to cross-examine those witnesses.
   2. The defendant may call and examine witnesses, and the district attorney shall be allowed to cross-examine those witnesses.
   3. The defendant may call and cross-examine as adverse witnesses the psychiatrists and probation officers who have filed reports pursuant to sections 18-1.3-908 and 18-1.3-909.

5. The reports of the psychiatrists and probation officers filed with the court pursuant to sections 18-1.3-908 and 18-1.3-909 may be received into evidence.
6. Except as otherwise provided in this section, the laws of this state concerning evidence in criminal trials shall govern in the evidentiary hearing.

Source: L. 2002: Entire article added with relocations, p. 1433, § 2, effective October 1. L. 2012: (1) and (2)(b) amended, (SB 12-175), ch. 208, p. 867, § 117, effective July 1.

Editor's note: This section is similar to former § 16-13-210 as it existed prior to 2002.

Cross references: For subpoenas to compel attendance of witnesses, see Crim. P. 17.