Colorado § 28-3.1-107 - Apprehension and restraint.

§ 28-3.1-107. Apprehension and restraint.

(1) Officers, warrant officers, and enlisted members of the military forces may be placed in arrest by their military superiors upon reasonable belief that an offense in violation of this code has been committed and that the person apprehended committed such offense. An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this code or through any person authorized by this code to apprehend persons. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members subject to his or her authority into arrest or confinement. A commissioned officer or warrant officer may be ordered apprehended or into arrest or confinement only by a commanding officer to whose authority he or she is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons apprehended or into arrest or confinement may not be delegated. No person may be ordered apprehended or into arrest or confinement except for probable cause. This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.

(2) If any member of the military forces fails or refuses to report to his or her appointed place of duty, his or her commanding officer is authorized to arrest or cause to be arrested such member and have him or her brought before the commanding officer at his or her unit or organization headquarters, whether such headquarters be located within or without the borders of the state. After such an arrest, the commanding officer is authorized to transport such member to his or her appointed place of duty, whether within or without the borders of the state. If military personnel are not available for the purpose of making the arrest, or if the commanding officer deems it advisable, he or she may issue a warrant to any peace officer authorized to serve warrants of arrest under state criminal law, and such peace officer is authorized and required to serve such warrant in the same manner as other warrants of arrest and make return thereof to the commanding officer issuing the warrant.

(3) If the commanding officer issuing the warrant is unavailable to receive the person arrested, the arresting officer shall take the person before a county court judge in the state. The judge may admit the person arrested to bail by bond, with sufficient sureties and in such sum as he or she deems proper, conditioned upon the person arrested appearing before said judge at a time specified in such bond for his or her surrender to the commanding officer issuing the warrant or to his or her representative. If the person arrested is unable to post bail, he or she shall be committed by the judge to the county jail for a period of time not to exceed three days to await surrender to the commanding officer issuing the warrant or to his or her representative.

(4) Warrants of arrest issued pursuant to this section shall be in the following form:

STATE OF ________________________

) ss.

COUNTY OF ______________________

​​​ To the (Sheriff), (Constable), (Chief of Police) of _______________ (Or the name and rank of the officer, First Sergeant, or N.C.O. ordered to make the arrest) of _______________

County ______________________________:

______________________________________________________________________

(name of individual to be arrested, rank, serial number)

a member of _________________, Colorado National Guard, having failed or refused

(unit designation)

to report to his or her appointed place of duty at _______________, you are therefore commanded forthwith to arrest the above named ______________________________

(name of individual to be arrested)

and bring him or her before me at _____________________________.

(unit headquarters)

The arrest is authorized to be made either during the day or at night. Dated at ____________, this ________ day of ______________, 20___.

/s/____________________________

(Type signer's name, rank, branch,

organization, and designation

as commanding officer)

(5) The fees and mileage allowed for the service of warrants of arrest issued pursuant to this section shall be the same as provided by law for the service of criminal process and shall be paid out of funds appropriated to the office of the adjutant general upon proper application therefor.

Source: L. 83: Entire article added, p. 1165, § 1, effective June 10. L. 2002: (1) to (4) amended, p. 603, § 62, effective May 24. L. 2018: (1) amended, (SB 18-135), ch. 95, p. 742, § 4, effective April 2.