2 Colo. Code Regs. § 505-1-21.931

Current through Register Vol. 47, No. 18, September 25, 2024

Section 2 CCR 505-1-21.931 - APPROVED EVALUATORS

A. All approved evaluators shall have received training as specified in these rules, consisting of at least six hours of instruction. This initial training shall, at a minimum, cover the following elements:

1. Legal background and legal standards for competency to proceed and competency to stand trial;

2. Forensic versus clinical evaluation, ethical issues and challenges in competency evaluations, dual relationships, constitutional protections for defendants, informed consent in defendants with severe mental illnesses, and communication with attorneys;

3. Interviewing for competency to proceed;

4. Assessment of malingering;

5. Use of third-party (collateral) data and resources;

6. Working with the difficult defendant;

7. Evaluating developmentally delayed defendants;

8. Special issues in evaluating juveniles;

9. Writing the competency or restoration report;

10. Acting as an expert witness; and,

11. Unique requests from the court, such as for evaluations for competency to waive the right to counsel.

B. Exemptions to Initial Training

1. Evaluators who are board certified in forensic psychiatry by the ABPN or board certified in forensic psychology by the ABFP shall be considered exempt from this initial training requirement.

2. Evaluators who are in forensic training and practicing under the supervision of a licensed psychiatrist who is an approved evaluator and who has expertise in forensic psychiatry, or a licensed psychologist who is an approved evaluator and who has expertise in forensic psychology, may practice without the initial training; however, it is expected that these evaluators will receive equivalent education during the course of their training programs.

3. Independent contractors or individuals providing services under an active purchase order or personal services contract are not subject to the training requirements in Section 21.931, A.

C. Ongoing Training

Approved evaluators other than independent contractors or individuals providing services under an active purchase order or personal services contract shall participate in at least four hours of ongoing training annually. Training will be made available at least annually by staff of the Court Services Division; alternative training to fulfill this requirement may be substituted for that offered by the Court Services Division, with prior approval from the Director of Court Services.

2 CCR 505-1-21.931

46 CR 13, July 10, 2023, effective 7/30/2023