Section 19-2.5-705 - Restoration to competency hearing(1) The court may order a restoration to competency hearing, as defined in section 19-2.5-701.5, at any time on its own motion, on motion of the prosecuting attorney, or on motion of the juvenile. The court shall order a restoration of competency hearing if a competency evaluator with the qualifications described in section 19-2.5-703 (4)(b) files a report certifying that the juvenile is competent to proceed.(2) At the hearing, if the question is contested, the burden of submitting evidence and the burden of proof by a preponderance of the evidence is on the party asserting that the juvenile is competent.(3) At the restoration to competency hearing, the court shall determine whether the juvenile has achieved or is restored to competency.Amended by 2023 Ch. 205,§ 7, eff. 8/7/2023.Renumbered from C.R.S. § 19-2-1304 and amended by 2021 Ch. 136, § 2, eff. 10/1/2021.Amended by 2018 Ch. 56, § 5, eff. 7/1/2018.L. 2021: Entire article added with relocations, (SB 21-059), ch. 613, p. 613, § 2, effective October 1.This section is similar to former § 19-2-1304 as it existed prior to 2021.
2023 Ch. 205, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration contained in the 2008 act amending subsection (1), see section 1 of chapter 389, Session Laws of Colorado 2008.