Colorado § 16-19-117 - Bail pending extradition.

§ 16-19-117. Bail pending extradition.

(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 state, the fugitive is alleged to have escaped from custody or confinement in the demanding state or to have violated the terms of his or her bail, probation, parole, or sentence, or the fugitive has executed a written waiver of extradition pursuant to section 16-19-126, the judge of any district court within the state of Colorado may admit any person arrested, held, or detained for extradition or interstate rendition to another state or territory of the United States or to any foreign country, to bail by bond or undertaking, with such sufficient sureties and in such sum as such judge deems proper, conditioned upon the appearance of such person before the court at a time specified in the bond or undertaking and for such person's surrender upon the warrant of the governor of this state for such person's extradition or interstate rendition to another state or territory of the United States or to any foreign country. When any such person has been served with a governor's warrant, such person shall no longer be eligible to be admitted to bail.

(2) Before granting the bond provided for in subsection (1) of this section, the judge of the district court within the state of Colorado to whom such application for bail is made shall cause reasonable notice to be served upon the district attorney of the judicial district within which an application is made and also upon the person or authority holding or detaining the person.

Source: L. 53: p. 319, § 16. CSA: C. 72, § 61. CRS 53: § 60-1-16. C.R.S. 1963: § 60-1-16. L. 93: (1) amended, p. 1729, § 9, effective July 1. L. 2005: (1) amended, p. 620, § 1, effective May 27.

ANNOTATION

This section exclusively governs questions of bail for defendants awaiting extradition prior to service of a governor's warrant. Fullerton v. County Court, 124 P.3d 866 (Colo. App. 2005).

Bond conditioned upon surrender under governor's warrant. When a person has been arrested prior to requisition for a crime in another state and thereafter is admitted to bail, such bond shall be conditioned upon his appearance at the time specified for his surrender upon the warrant of the governor of this state for his extradition or interstate rendition to another state. McClearn v. Jones, 162 Colo. 354, 426 P.2d 192 (1967).

Prior to service of a governor's warrant, a trial court is authorized to require bond for a defendant pending extradition in any type necessary, including a "cash only" bond, to secure the defendant's appearance. Fullerton v. County Court, 124 P.3d 866 (Colo. App. 2005).

Unnecessary to rearrest upon filing of governor's warrant. The clear meaning and purport of this section is that when a person has been arrested prior to requisition in accordance with § 16-19-114 and is thereafter admitted to bail, the bond being returnable on a specified date, it is unnecessary to rearrest such person upon the issuance and filing in court of the governor's warrant. Appearance on the day specified constitutes surrender upon the governor's warrant. McClearn v. Jones, 162 Colo. 354, 426 P.2d 192 (1967).

No right to bail exists after governor's warrant has been served and pending decision on a habeas corpus petition in the trial court because, where the fugitive is being held for another state, he should be readily available to be turned over to those who arrive to return him. A special obligation to deliver a fugitive is owed to a sister state — an obligation which makes bail inappropriate after the stage when issuance of the governor's warrant is reached. Johnson v. District Court, 199 Colo. 458, 610 P.2d 1064 (1980).

Legislative intent to deny bail after service of warrant. The lack of an absolute right to bail after service of the governor's warrant does not mean that the court has lost its inherent power to grant bail after that time, but simply reflects a determination that the legislative intent to deny bail after service of the governor's warrant is a reasonable and appropriate limitation on that power absent the most extraordinary circumstances. Johnson v. District Court, 199 Colo. 458, 610 P.2d 1064 (1980).

Facts insufficient to permit bail after service of warrant. That, at the time of his arrest, the defendant was employed as a welder, and could return to that work if bail were granted, that the defendant was a union and church member, and that his petition for bail was supported by many members of his church are facts which fall far short of establishing the extraordinary circumstances which must be shown to permit bail to be granted after service of a governor's warrant. Johnson v. District Court, 199 Colo. 458, 610 P.2d 1064 (1980).

The process involved in the arrest in the first instance becomes moot and academic, when replaced and supplanted by the governor's warrant. McClearn v. Jones, 162 Colo. 354, 426 P.2d 192 (1967).

Extension of time was within court's discretion. Where the governor's warrant was issued on the same day the district attorney applied for and was granted the extension of time, and the defendant had shown no prejudice, the extension of time was clearly within the court's discretion. Norrod v. Bower, 187 Colo. 421, 532 P.2d 330 (1975).