Competency for Criminal Trial in Colorado

Competency to stand trial, refers to the constitutional requirement that people facing criminal charges must be able to assist in their own defense. A criminal case cannot be adjudicated unless this requirement is met. The U.S. Supreme Court considers an individual competent to stand trial if they are rationally able to consult with an attorney and hold a clear understanding of the charges against them. 1 1Dusky v. United States, 362 U.S. 402 (1960) Whether the defendant’s mental health impaired their ability to know right from wrong during the alleged commission of a crime is a separate issue. 

Competency to stand trial is primarily a state matter. Each state has their own specific statutes that define competency, dictate the process for competency hearings, and determine the standards for related psychiatric evaluations. This issue brief describes the roles and processes of Colorado courts and the Department of Human Services (CDHS) in addressing competency.