In this decision, a division of the Court of Appeals rejects a number of arguments regarding the constitutionality of the previous version of Colorado Revised Statute 19-2-1301(2), which adopted the adult definition of incompetent to proceed for juvenile proceedings. The division notes that Colorado Revised Statute 19-2-103(9.5), enacted in 2018 to provide a juvenile-specific definition of incompetent to proceed, addresses many of the concerns raised by the juvenile’s arguments.
November 15, 2018