Colorado § 13-45-111 - Removal of prisoners - causes.

§ 13-45-111. Removal of prisoners - causes.

Any person committed to any prison or in the custody of any officer, sheriff, jailer, keeper, or other person, or his underofficer or deputy, for any criminal or supposed criminal matter shall not be removed from the prison or custody into any other prison or custody, unless it is by habeas corpus or some other legal writ; or where the prisoner is delivered to some common jail; or is removed from one place to another within the county, in order to effect his discharge or trial in due course of law; or in case of sudden fire, infection, or other necessity; or where the sheriff commits such prisoner to the jail of an adjoining county for the want of a sufficient jail in his own county, as provided in section 17-26-119, C.R.S.; or where the prisoner, in pursuance of a law of the United States, is claimed or demanded by the executive of the United States or territories. If any person, after such commitment, makes out, signs, or countersigns any warrant for such removal except as before excepted, then he shall forfeit to the prisoner or aggrieved party a sum not exceeding three hundred dollars to be recovered by the prisoner or party aggrieved in the manner provided in section 13-45-117.

Source: R.S. p. 356, § 10. G.L. § 1332. G.S. § 1618. R.S. 08: § 2928. C.L. § 6496. CSA: C. 77, § 11. CRS 53: § 65-1-11. C.R.S. 1963: § 65-1-11. L. 79: Entire section amended, p. 1634, § 23, effective July 19.

ANNOTATION

This section and § 13-45-117 have to do with the improper removal of a prisoner from a county jail and providing for the forfeiture to such an aggrieved party of a sum not to exceed $300. Kostal v. People, 160 Colo. 64, 414 P.2d 123 (1966).

Common jail given its ordinary meaning. Usage of "common jail" was to distinguish the numerous municipal and county jails from state-operated correctional institutions. Kinney v. Young, 689 P.2d 614 (Colo. 1984).