Applicable tests for release

16-8-120. Applicable tests for release. (1) As to any person charged with any crime allegedly committed on or after June 2, 1965, the test for determination of a defendant's sanity for release from commitment, or the defendant's eligibility for conditional release, is: That the defendant has no abnormal mental condition that would be likely to cause the defendant to be dangerous either to the defendant's self or to others or to the community in the reasonably foreseeable future. (2) As to any person charged with any crime allegedly committed prior to June 2, 1965, the test for determination of a defendant's sanity for release from commitment, or the defendant's eligibility for conditional release, is the test provided by law at the time of the alleged crime to determine the sanity or insanity of the defendant. (3) As to any person charged with any crime allegedly committed on or after July 1, 1983, the test for determination of a defendant's sanity for release from commitment, or the defendant's eligibility for conditional release, is: That the defendant has no abnormal mental condition that would be likely to cause the defendant to be dangerous either to the defendant's self or others or to the community in the reasonably foreseeable future, and is capable of distinguishing right from wrong and has substantial capacity to conform the defendant's conduct to requirements of law. (4) As to any person charged with any crime allegedly committed on or after July 1, 1983, but before July 1, 1995, resulting in commitment by reason of impaired mental condition, the test for determination of a defendant's mental condition for release from commitment, or a defendant's eligibility for conditional release, is: That the defendant has no abnormal mental condition that would be likely to cause the defendant to be dangerous either to the defendant's self or to others or to the community in the reasonably foreseeable future. Source: L. 72: R&RE, p. 232, � 1. C.R.S. 1963: � 39-8-120. L. 83: (3) added, p. 680, � 3, effective July 1; (4) added, p. 676, � 9, effective July 1. L. 95: (4) amended, p. 78, � 13, effective July 1. L. 2025: Entire section amended, (HB 25-1058), ch. 15, p. 57, � 23, effective August 6.