As used in this part 11:(1) 'Defendant' means any person charged with a class 1 felony.(2) 'Mentally retarded defendant or defendant with an intellectual and developmental disability' means any defendant with significantly subaverage general intellectual functioning existing concurrently with substantial deficits in adaptive behavior and manifested and documented during the developmental period. The requirement for documentation may be excused by the court upon a finding that extraordinary circumstances exist.Amended by 2018 Ch. 44,§ 2, eff. 8/8/2018.L. 2002: Entire article added with relocations, p. 1444, § 2, effective October 1. L. 2018: (2) amended, (SB 18-096), ch. 44, p. 469, § 2, effective August 8.This section is similar to former § 16-9-401 as it existed prior to 2002. For the legislative declaration in SB 18-092, see section 1 of chapter 44, Session Laws of Colorado 2018.
Colorado Legal Code