Definitions

16-8-102. Definitions. As used in this article 8, unless the context otherwise requires: (1) Diseased or defective in mind does not refer to an abnormality manifested only by repeated criminal or otherwise antisocial conduct. Evidence of knowledge or awareness of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation does not constitute an inability to distinguish right from wrong. (2) Forensic psychologist means a licensed psychologist who is board certified in forensic psychology by the American board of professional psychology or who has completed a fellowship in forensic psychology meeting criteria established by the American board of forensic psychology. (3) Gender identity and gender expression have the same meaning as set forth in section 18-1-901. (4) (a) Impaired mental condition means a condition of mind, caused by mental disease or defect that prevents the person from forming the culpable mental state that is an essential element of any crime charged. (b) This subsection (4) applies to offenses committed before July 1, 1995. (5) Ineligible for release means the defendant is suffering from a mental disease or defect that is likely to cause the defendant to be dangerous to the defendant's self, to others, or to the community, in the reasonably foreseeable future, if the defendant is permitted to remain at liberty. (6) Ineligible to remain on conditional release means the defendant has violated one or more conditions in the defendant's release, or the defendant is suffering from a mental disease or defect that is likely to cause the defendant to be dangerous to the defendant's self, to others, or to the community in the reasonably foreseeable future, if the defendant is permitted to remain on conditional release. (7) Mental disease or defect means only those severely abnormal mental conditions that grossly and demonstrably impair a person's perception or understanding of reality and that are not attributable to the voluntary ingestion of alcohol or any other psychoactive substance; except that it does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. (8) Release examination means a court-ordered examination of a defendant directed to developing evidence relevant to determining whether the defendant is eligible for release. (9) Release hearing means a hearing for the purpose of determining whether a defendant previously committed to the department of human services, following a verdict of not guilty by reason of insanity, has become eligible for release. (10) Sanity examination means a court-ordered examination of a defendant who has entered a plea of not guilty by reason of insanity, directed to developing information relevant to determining the sanity or insanity of the defendant at the time of the commission of the act with which the defendant is charged and the defendant's competency to proceed. (11) Sexual orientation has the same meaning as set forth in section 18-9-121. Source: L. 72: R&RE, p. 225, � 1. C.R.S. 1963: � 39-8-102. L. 81: (4.5) added, p. 932, � 1, effective July 1. L. 83: (2.7) added, p. 672, � 2, effective July 1. L. 94: (6) amended, p. 2647, � 116, effective July 1. L. 95: (2.7) amended and (4.7) added, p. 72, � 3, effective July 1. L. 2008: (1), (2), (3), and (7) repealed, p. 1850, � 3, effective July 1. L. 2013: (2.5) added, (SB 13-116), ch. 115, p. 393, � 1, effective August 7. L. 2025: Entire section amended, (HB 25-1058), ch. 15, p. 39, � 3, effective August 6. Cross references: For the legislative declaration contained in the 1994 act amending subsection (6), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 2008 act repealing subsections (1), (2), (3), and (7), see section 1 of chapter 389, Session Laws of Colorado 2008.