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Colorado Statutes, Title 16

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Title 16, Criminal Proceedings

0 chapters · 536 sections in this title.

All chapters in Title 16536 Ch 2.571 Ch 345 Ch 1343 Ch 1935 Ch 427 Ch 826 Ch 1226 Ch 8.526 Ch 1121 Ch 518 Ch 1018 Ch 716 Ch 2215 Ch 214

35 sections·Filtered byTitle 16✕Ch 19✕

Colo. Rev. Stat. § 16-19-101 Short title
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This article shall be known and may be cited as the "Uniform Criminal Extradition Act". Source: L. 53: p. 323, § 29. CSA: C. 72, § 74. CRS 53: § 60-1-29. C.R.S. 1963: § 60-1-32. ANNOTATION Purpose. The interstate agreement on detainers and the extradition act are both intended to…
Colo. Rev. Stat. § 16-19-102 Definitions
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As used in this article, unless the context otherwise requires: (1) "Executive authority" includes the governor and any person performing the function of governor in a state other than this state. (2) "Governor" includes any person performing the functions of governor by authorit…
Colo. Rev. Stat. § 16-19-103 Fugitives from justice
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Subject to the provisions of this article, the provisions of the constitution of the United States controlling, and any act of congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any o…
Colo. Rev. Stat. § 16-19-104 Form of demand
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No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under section 16-19-107, that the accused was present in the demanding state at the time of the commission of the …

Colo. Rev. Stat. § 16-19-105 Governor may investigate case

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When a demand is made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigatin…

Colo. Rev. Stat. § 16-19-106 Extradition of persons imprisoned or awaiting trial

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(1) When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the governor of this state may agree with the executive authority of t…

Colo. Rev. Stat. § 16-19-107 Extradition of persons not present where crime committed

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(1) The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in section 16-19-104 with committing an act in this state, or in a third state, intentionally re…

Colo. Rev. Stat. § 16-19-108 Issue of governor's warrant

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If the governor decides that the demand should be complied with, the governor shall sign a warrant of arrest, which shall be sealed with the state seal and be directed to any peace officer or other person whom the governor may think fit to entrust with the execution thereof. The …

Colo. Rev. Stat. § 16-19-109 Manner and place of execution

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The warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant and to deliver the a…

Colo. Rev. Stat. § 16-19-110 Authority of arresting officer

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Every peace officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who r…

Colo. Rev. Stat. § 16-19-111 Rights of accused - habeas corpus

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No person arrested upon such a warrant shall be delivered over to the agent whom the executive authority demanding him has appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made …

Colo. Rev. Stat. § 16-19-112 Penalty for noncompliance

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Any person who delivers to the agent for extradition of the demanding state a person in his or her custody under the governor's warrant, in willful disobedience to section 16-19-111, commits a class 2 misdemeanor. Source: L. 53: p. 317, § 11. CSA: C. 72, § 56. CRS 53: § 60-1-11. …

Colo. Rev. Stat. § 16-19-113 Confinement in jail

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The officer or person executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner has been delivered, when necessary, may confine the prisoner in the jail in any county or city through which he may pass. The keeper of the jail must receive…

Colo. Rev. Stat. § 16-19-114 Arrest prior to requisition

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When any person within this state is charged on the oath of any credible person before any judge of this state with the commission of any crime in any other state and, except in cases arising under section 16-19-107, with having fled from justice, or with having been convicted of…

Colo. Rev. Stat. § 16-19-115 Arrest without warrant

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Except in cases arising pursuant to section 16-19-107 (2), the arrest of a person may be lawfully made by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death …

Colo. Rev. Stat. § 16-19-116 Commitment to await requisition - bail

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If from the examination before the judge it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 16-19-107, that he or she has fled from justice, the judge shall, by a warrant reciting the accusation…

Colo. Rev. Stat. § 16-19-117 Bail pending extradition

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(1) Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state or territory or country in which it is alleged to have been committed, or having been convicted of a crime in the demanding sta…

Colo. Rev. Stat. § 16-19-118 Extension of time

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If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge of a district court shall either recommit him or her for a further period not to exceed sixty days or again take bail for his or her appearance and…

Colo. Rev. Stat. § 16-19-119 Forfeiture of bail

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If the person so held is admitted to bail as provided for in section 16-19-117 and fails to appear and surrender himself according to the conditions of his bond, the judge of the district court, by proper order, shall declare the bond forfeited and order his immediate arrest with…

Colo. Rev. Stat. § 16-19-119.5 Custody pending arrival of agent of the demanding state

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Upon ordering the delivery of a fugitive forthwith to the agent of a demanding state, a judge shall allow the agent of the demanding state a period of not less than fifteen days and not more than thirty days from the date of the order within which to complete transportation arran…

Colo. Rev. Stat. § 16-19-120 Persons under prosecution when demanded

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If a criminal prosecution has been instituted against a person under the laws of this state and is still pending, the governor, in his discretion, subject to such criminal prosecution, either may surrender him on demand of the executive authority of another state or hold him unti…

Colo. Rev. Stat. § 16-19-121 When guilt inquired into

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The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceedings after the demand for extradition accompanied by a charge of crime in legal form has been presented to the governor, except as it may be invo…

Colo. Rev. Stat. § 16-19-122 Governor may recall warrant

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The governor may recall his warrant of arrest or may issue another warrant whenever he deems proper. Source: L. 53: p. 320, § 21. CSA: C. 72, § 66. CRS 53: § 60-1-21. C.R.S. 1963: § 60-1-21. ANNOTATION Courts of asylum state may not consider certain allegations. The courts of the…

Colo. Rev. Stat. § 16-19-123 Fugitives from this state

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When the governor of this state demands a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation, or parole in this state from the executive authority of any other state or from the chief justice or an associate justice of the sup…

Colo. Rev. Stat. § 16-19-124 Application for requisition

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(1) When the return to this state of a person charged with crime in this state is required, the district attorney shall present to the governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the per…

Colo. Rev. Stat. § 16-19-125 Immunity from civil process

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A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being or has been returned, until he…

Colo. Rev. Stat. § 16-19-126 Written waiver of extradition

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(1) Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of his or her bail, probation, or parole may waive the issuance and service of the warrant provided for in sections 16-19…

Colo. Rev. Stat. § 16-19-126.5 Prior waiver of extradition

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(1) Notwithstanding any other provision of law, a law enforcement agency in the state of Colorado holding a person who is alleged to have broken the terms of such person's probation, parole, bail, or any other conditional release in the demanding state shall immediately deliver t…

Colo. Rev. Stat. § 16-19-127 Nonwaiver by this state

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Nothing contained in this article shall be deemed to constitute a waiver by this state of its right, power, or privilege to try such demanded person for any crime committed within this state, or of its right, power, or privilege to regain custody of such person by extradition pro…

Colo. Rev. Stat. § 16-19-128 Prosecution of other charges

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After a person has been brought back to this state by, or after waiver of, extradition proceedings, he may be tried in this state for other crimes which he may be charged with committing here as well as that specified in the requisition for his extradition. Source: L. 53: p. 322,…

Colo. Rev. Stat. § 16-19-129 Security for costs - default - fees

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(1) In all cases where complaint is made against any fugitive from justice, the judge or justice in his discretion may require from complainant good and sufficient security for the payment of all costs which may accrue from the arrest and detention of such fugitive, which securit…

Colo. Rev. Stat. § 16-19-130 Rewards - how audited - paid

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When the governor is satisfied that the crime of murder or arson or kidnapping has been committed within the state, and that the person charged therewith has not been arrested or has escaped therefrom, he may in his discretion offer a reward not exceeding one thousand dollars for…

Colo. Rev. Stat. § 16-19-131 Escape - reward

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If any person charged with or convicted of a felony breaks prison or escapes or flees from justice or absconds and secretes himself, it shall be lawful for the governor, if he judges it necessary, to offer any reward not exceeding two hundred dollars for apprehending and deliveri…

Colo. Rev. Stat. § 16-19-132 Interpretation

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The provisions of this article shall be so interpreted and construed as to effectuate its general purposes to make uniform the laws of those states which enact it. Source: L. 53: p. 322, § 26. CSA: C. 72, § 73. CRS 53: § 60-1-28. C.R.S. 1963: § 60-1-31. ANNOTATION Statutes strict…

Colo. Rev. Stat. § 16-19-134 Securing the attendance of a defendant who is outside the United States

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(1) When a criminal action for an offense committed in this state is pending in a criminal court of this state against a defendant who is in a foreign country with which the United States has an extradition treaty, and when the accusatory instrument charges an offense that is dec…