(1) If the defendant wishes to be evaluated by an expert of the defendant's choice in mental retardation or intellectual and developmental disabilities in connection with the mental retardation or intellectual and developmental disability hearing pursuant to this part 11, the court, upon timely motion, shall order that the evaluator chosen by the defendant be given reasonable opportunity to conduct the evaluation.(2) Whenever an expert is endorsed as a witness by the defendant, a copy of any report of an evaluation of the defendant shall be furnished to the prosecution within a reasonable time but not less than thirty-five days prior to the mental retardation or intellectual and developmental disability hearing.Amended by 2018 Ch. 44,§ 6, eff. 8/8/2018.L. 2002: Entire article added with relocations, p. 1445, § 2, effective October 1. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 868, § 120, effective July 1. L. 2018: Entire section amended, (SB 18-096), ch. 44, p. 471, § 6, effective August 8.This section is similar to former § 16-9-405 as it existed prior to 2002. For the legislative declaration in SB 18-096, see section 1 of chapter 44, Session Laws of Colorado 2018.
Colorado Legal Code