Colorado § 16-19-126 - Written waiver of extradition.

§ 16-19-126. Written waiver of extradition.

(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 16-19-108 and 16-19-109 and all other procedure incidental to extradition proceedings by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he or she consents to return to the demanding state and acknowledging that he or she shall not be admitted to bail; but, before the waiver is executed or subscribed by such person, it is the duty of the judge to inform such person of his or her rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in section 16-19-111.

(2) If and when a consent has been duly executed, it shall forthwith be forwarded to the office of the governor of this state and filed therein. The judge shall direct the officer having the person in custody to deliver such person forthwith to the duly accredited agent or agents of the demanding state and shall deliver or cause to be delivered to that agent or those agents a copy of the consent. Nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.

(3) A fugitive shall not be permitted to withdraw a waiver of extradition unless the fugitive makes a showing of good cause for the withdrawal of the waiver of extradition. The fugitive shall provide the court, governor, and district attorney with the request to withdraw the waiver of extradition stating the reasons for withdrawing the waiver. If the court grants the withdrawal, it shall provide the governor with an order permitting the withdrawal of the waiver of extradition. A judge shall commit a fugitive who is permitted to withdraw his or her waiver of extradition to the county jail without bond for a specified period of time, of not less than thirty days and not more than ninety days, as will enable the arrest of the accused to be made under warrant of the governor or on a requisition of the executive authority of the state having jurisdiction of the offense.

Source: L. 53: p. 321, § 24-A. CSA: C. 72, § 70. CRS 53: § 60-1-25. L. 57: p. 381, § 5. C.R.S. 1963: § 60-1-25. L. 2005: (1) amended and (3) added, p. 620, § 2, effective May 27.

ANNOTATION

State waives right to extradition only upon clear manifestation of intent. A state waives its right to extradition of an accused only when there has been a clear manifestation of an intent to do so. When the charge is first-degree murder, the requirement for a clear manifestation means that the intent to waive the right must be expressly stated. Massey v. Wilson, 199 Colo. 121, 605 P.2d 469 (1980).

A prisoner must personally execute a waiver of extradition before a formal request for final disposition to Interstate Agreement on Detainer Act can be triggered. Gardner v. Gambatz, 719 P.2d 329 (Colo. App. 1985).

Applied in People v. Wimer, 43 Colo. App. 237, 604 P.2d 1183 (1979).