Areas of Practice
Competency to proceed
In order for a criminal defendant to be competent to proceed in Colorado, one must not have a mental or developmental disability that prevents him/her from having a factual or rational understanding of the proceedings against him/her OR prevents him/her from having a sufficient present ability to consult with his/her attorney with a reasonable degree of rational understanding in order to assist in his/her defense.
Fitness for duty
The forensic psychiatric evaluation of fitness for duty involves an assessment that one is mentally capable of performing their job safely and effectively. If one is not presently fit for duty, recommendations for treatment and plans for a re-evaluation may be proposed.
Risk assessment
In the case of violence risk assessment, there are different static (unchangeable, historical) factors and dynamic (changeable) factors that weigh in to the consideration of one’s future risk for violence. In a violence risk assessment, an evaluation would include these static and dynamic factors along with evaluation of any protective factors that may limit future risk. A violence risk reduction plan may be formulated.
conditional release
An evaluation of individuals who have been acquitted as not guilty by reason of insanity (NGRI) and committed to the state hospital system at CMHIP. These evaluations are mandated as an initial evaluation for new NGRI acquittees, annual evaluations of NGRI acquittees, and release evaluations upon petition by NGRI acquittees. This evaluation consists of a thorough assessment of an individual’s person, medical, and psychiatric history with a focus on their NGRI offense, current level of functioning, current symptoms of mental illness, substance abuse, and a violence risk assessment.
Mental condition
A criminal defendant may suffer from a mental illness or developmental disability that may not rise to the level of legal insanity, but still plays a mitigating role in the events that occurred at the time of the crimes.
Guardianship
The court may appoint a guardian if, by clear and convincing evidence, the respondent is an incapacitated person and their identified needs cannot be met by a less restrictive means, including the use of appropriate and reasonably available technological assistance. An incapacitated person is defined as an individual who is “unable to effectively receive or evaluate information or both or make or communicate decisions to such an extent that he/she lacks the ability to satisfy essential requirements for physical health, safety, or self-care, even with appropriate and reasonably available technological assistance.
Testamentary capacity
An evaluation of an individual’s capacity to have made a will involves an assessment of an individual’s understanding of the nature and consequences of the decisions to be made, ability to rationally manipulate information that might influence that decision, and be able to communicate a choice. In order to have made a will, the individual must be aware of the extent of one’s assets, along with who would be considered the natural beneficiaries.
Sanity
Two of three conditions are necessary for an individual to be found “not accountable.” First, one must have a mental disease at the time of the crime or crimes. Then, one of two other conditions is necessary for an insanity defense. Either one must be so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong OR that this condition of mind caused by mental disease or defect prevented the person from forming a culpable mental state that is an essential element of a crime charged.
juvenile transfer/reverse transfer hearings
Juveniles in Colorado who commit certain level felonies may have their case automatically placed in adult court, or the prosecution may file a request for the case to be transferred to adult court. In these circumstances, juveniles are allowed a hearing in which to present evidence for why their case should be kept within the juvenile justice system.
Sexual Harassment
A forensic assessment of sexual harassment includes a thorough evaluation of an individual’s personal, medical, and psychiatric history, information about the alleged harassment, and the impact of the alleged harassment.
asylum
An evaluation of refugees seeking asylum in the United States consists of a thorough assessment of an individual’s personal, medical, and psychiatric history, along with details of any traumatic experiences in their home country, their journey to the United States, and their current functioning.
