Colorado legal term
Competent to proceed in Colorado Criminal Law
Current through 2026 Colorado legislative session
In Colorado criminal law, “Competent to proceed” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the Colorado criminal code.
What does “Competent to proceed” mean in Colorado criminal law?
"Competent to proceed" means that the defendant does not have a mental disability or developmental disability that prevents the defendant from having sufficient present ability to consult with the defendant's lawyer with a reasonable degree of rational understanding in order to assist in the defense or prevents the defendant from having a rational and factual understanding of the criminal proceedings. (C.R.S. § 16-8.5-101)
Statutes defining or using this term
Related terms in the same statutes
This reference is informational and is not legal advice.