Colorado § 16-19-118 - Extension of time.

§ 16-19-118. Extension of time.

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 surrender, as provided in section 16-19-117, but within a period not to exceed sixty days after the date of the new bond.

Source: L. 53: p. 319, § 17. CSA: C. 72, § 62. CRS 53: § 60-1-17. C.R.S. 1963: § 60-1-17. L. 2004: Entire section amended, p. 353, § 1, effective July 1.

ANNOTATION

The only requirement for the continuance authorized by this section is that more time is needed for the issuance and execution of the governor's warrant. Alliey v. Lamm, 711 P.2d 1258 (Colo. 1986).

90-day statutory limit begins to run on the date the person first appears in court and is advised of the extradition proceedings. Alliey v. Lamm, 711 P.2d 1258 (Colo. 1986).

This section, together with § 16-19-116, imposes an outside limit of 90 days during which a person may be committed to the county jail while awaiting the execution of the governor's warrant issued in accordance with the requisition of the executive authority of the demanding state. Garcia v. Cooper, 711 P.2d 1255 (Colo. 1986).

Although appellant was held in jail thirty-nine days before continuance was requested, the court did have the authority to grant a continuance under § 16-19-118 and the extension granted was within the court's discretion, where the appellant was not prejudiced by the detention. Whittington v. Bray, 200 Colo. 17, 612 P.2d 72 (1980); Alliey v. Lamm, 711 P.2d 1258 (Colo. 1986).

Second extradition proceeding not precluded by expiration of ninety days. Garcia v. Cooper, 711 P.2d 1255 (Colo. 1986).

Res judicata may not be invoked to bar a second extradition proceeding. An initial discharge and dismissal of an extradition proceeding does not constitute an adjudication on the merits that the defendant was not wanted by the state of Florida for violating the terms of his probation. Garcia v. Cooper, 711 P.2d 1255 (Colo. 1986).

Procedure of continuing bond without recommitment satisfied section. When defendant was already on bond, it would be a useless thing to recommit the defendant, then require a new bond, and then release him under the new bond for the extended or continued period of time. Defendant has shown no prejudice by the procedure followed in extending the time for hearing of the extradition proceeding, and continuing bond and permitting him to remain at large, which substantially complied with this section. Dressel v. Bianco, 168 Colo. 517, 452 P.2d 756 (1969).

Applied in Gerard v. Ossola, 649 P.2d 1110 (Colo. 1982); Schumm v. Nelson, 659 P.2d 1389 (Colo. 1983).