Colorado legal term
Incompetent to proceed in Colorado Criminal Law
Current through 2026 Colorado legislative session
In Colorado criminal law, “Incompetent 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 “Incompetent to proceed” mean in Colorado criminal law?
"Incompetent to proceed" means that, as a result of a mental disability or developmental disability, the defendant does not have 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 that, as a result of a mental disability or developmental disability, the defendant does not have 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.