Colorado statute

C.R.S. § 18-1.3-1402 — Mental competency to be executed - presumptions.

Current through 2025 Regular Session

Part of Part 14: COMPETENCY OF PERSONS TO BE EXECUTED, Colorado Revised Statutes.

Full text of C.R.S. § 18-1.3-1402

Statutory text current through the 2025 Regular Session. This is an officially sanctioned publication using the official text of the Colorado Revised Statutes; it is not the official statutes of the State of Colorado.

C.R.S. § 18-1.3-1402Primary source, current through the 2025 Regular Session

(1) A person who is sentenced to death shall not be executed so long as the person is mentally incompetent to be executed. (2) Any convicted person who is sentenced to death is presumed mentally competent to be executed. A convicted person may be found mentally incompetent to be executed only on clear and convincing evidence of such condition. The party asserting that the convicted person is mentally incompetent to be executed bears the burden of proof regarding such condition and the burden of producing evidence of such condition.

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