(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.
C.R.S. § 18-1.3-1402
Mental competency to be executed
Known as the Colorado Criminal Code
The act spans §§ 18-10-101 to 18-9-314 (590 sections).
Digitized from: Public.Law — Colorado Revised Statutes. Reproduced from public-domain Colorado statutes; confirm against the official source for the current text. Not legal advice.