Section 19-2.5-701.5 - DefinitionsAs used in this part 7, unless the context otherwise requires:
(1) "Competency evaluation" means an evaluation conducted by a competency evaluator that meets the requirements described in section 19-2.5-703 (4). "Competency evaluation" includes both court-ordered evaluations performed by the department and second evaluations.(2) "Competency evaluator" means an individual with the qualifications described in section 19-2.5-703 (4)(b).(3) "Competency hearing" means an initial hearing to determine whether a juvenile is competent to proceed.(4) "Competent to proceed" means that a juvenile has the sufficient present ability to consult with the juvenile's attorney, with a reasonable degree of rational understanding, to assist the attorney in the juvenile's defense, and that the juvenile has a rational as well as factual understanding of the proceedings.(5) "Incompetent to proceed" means that, based on an intellectual or developmental disability, mental health disorder, or lack of mental capacity, a juvenile does not have sufficient present ability to consult with the juvenile's attorney with a reasonable degree of rational understanding in order to assist the attorney in the juvenile's defense or that the juvenile does not have a rational as well as a factual understanding of the proceedings.(6) "Restoration evaluation" means an evaluation conducted by a competency evaluator to determine if the juvenile has become competent to proceed or will be able to be restored to competency in the reasonably foreseeable future. "Restoration evaluation" includes both court-ordered evaluations by the department and second evaluations.(7) "Restoration progress review hearing" means a hearing in which the juvenile's progress in restoration to competency education and other applicable services is reviewed, based on restoration education, treatment records, and any prior competency evaluation reports.(8) "Restoration to competency hearing" means a hearing to determine whether a juvenile who has previously been determined to be incompetent to proceed is now competent to proceed.(9) "Second evaluation" means an evaluation in response to a court-ordered competency evaluation or court-ordered restoration evaluation requested by the juvenile that is performed by a competency evaluator and that is not performed by, under the direction of, or paid for by the department.Added by 2023 Ch. 205,§ 2, eff. 8/7/2023.2023 Ch. 205, was passed without a safety clause. See Colo. Const. art. V, § 1(3).