Colorado § 16-3-703 - Recognition of Tribal court orders - arrest warrants - process.

§ 16-3-703. Recognition of Tribal court orders - arrest warrants - process.

(1) Upon issuance of a Tribal court arrest warrant, a peace officer in the state may apprehend the person identified in the Tribal warrant if the peace officer verifies the validity of the warrant and confirms that the warrant permits extradition. The law enforcement agency in the arresting jurisdiction may surrender a person arrested pursuant to a Tribal arrest warrant to the law enforcement agency of the Tribal jurisdiction if the law enforcement agency of the Tribal jurisdiction is available to take custody of the person. If the law enforcement agency of the Tribal jurisdiction is not available to take custody of the person, the law enforcement agency in the arresting jurisdiction shall hold the person in the county detention facility of the law enforcement agency in the arresting jurisdiction. If the arrest warrant is non-extraditable or if the bond on the arrest warrant is a personal recognizance bond, the law enforcement agency in the arresting jurisdiction must immediately release the person from state custody.

(2) Court process.

(a) Courts shall follow the process outlined in this subsection (2) for extradition cases arising from a Tribal court order.

(b) If a person is arrested on a Tribal court arrest warrant and the law enforcement agency in the arresting jurisdiction does not surrender the person immediately to the law enforcement agency of the Tribal jurisdiction as described in subsection (1) of this section, a peace officer of the law enforcement agency with custody of the person shall bring the person before the nearest court in the time frame described in sections 13-10-111.5 (5) and 16-4-102 (2)(a)(II). The court shall appoint the office of state public defender to the person if the person is eligible and inform the person of the existence of the arrest warrant, the nature of the arrest warrant, and the person's rights, including the right to counsel, the right to remain silent, the right to contest the legality of the extradition request, and the right to waive extradition and knowingly, intelligently, and voluntarily agree to return to the Tribal jurisdiction.

(c) (I) The arrested person identified in subsection (2)(b) of this section may, in the presence of the court, sign a waiver of extradition verifying that the person consents to the return to the Tribal jurisdiction. Before the person signs the waiver of extradition, the court shall inform the person of the person's right to test the legality of the extradition request.

(II) If a person requests a hearing to test the legality of the extradition request, the court shall hold the hearing within seven days after the person facing extradition requests the hearing unless the court grants the person more time to prepare for the hearing. The court shall not place a burden on the state at the hearing. The court shall not consider the person's guilt or innocence during the hearing. At the hearing, the court shall order the person extradited unless the person challenging the extradition shows by a preponderance of the evidence that:

(A) The law enforcement agency in the arresting jurisdiction did not verify the validity of the arrest warrant and did not confirm that the warrant permitted extradition prior to the person's arrest, resulting in an unconstitutional illegal seizure pursuant to the state constitution or the United States constitution;

(B) Extradition of the person would violate the state constitution or the United States constitution; or

(C) The person appearing before the court is not the person named in the arrest warrant.

(d) (I) Eligibility for bail. Unless the Tribal court with jurisdiction over the arrest warrant requests the person be held without bail, the court may set bail on the extradition case. If the court releases the person on bail, the court shall also set a review hearing date and a deadline for the person to travel to the Tribal court's jurisdiction and answer the arrest warrant. In setting the amount and conditions of bail, the court shall consider the conditions necessary to ensure the person's appearance before the court and to consider the community's safety. When setting bail, the court shall consider the amount of bail on the Tribal court arrest warrant.

(II) If the court receives notice from the law enforcement agency with custody of the person or the district attorney on or before the review hearing from the Tribal court that the person has appeared before the Tribal court, the court shall dismiss the extradition case.

(III) If the person appears before the court but has not appeared before the Tribal court as ordered, upon notice from the law enforcement agency with custody of the person or the district attorney, the court shall revoke the extradition bond and order the person extradited.

(IV) If the person fails to appear before the court, the court shall issue an arrest warrant and order forfeiture of the extradition bond as set forth in section 16-4-111 (3).

(3) Extradition process.

(a) The court shall give the extradition orders to the person, the person's counsel, the prosecution, the law enforcement agency with custody of the person, the Tribal court, and the Tribal law enforcement agency.

(b) If the court determines that the person must be held without bail pending extradition, the court shall order the law enforcement agency with custody of the person to notify the requesting Tribal court when any other local holds are resolved and the person may be transported to the Tribal court's jurisdiction.

(c) When the law enforcement agency with custody of the person notifies the Tribal jurisdiction that a person is available for extradition, the law enforcement agency shall notify the court of the date and time of the notice.

(d) (I) Upon receiving a valid order from a court authorizing the extradition of the person and notification from the law enforcement agency with custody of the person that there are no local holds preventing transport, the Tribe shall arrange transport of the person to the Tribe's detention facility without undue delay unless otherwise agreed upon by the law enforcement agency with custody of the person and the law enforcement authority of the Tribal jurisdiction. The Tribe shall take custody of the person within seventy-two hours after receipt of the extradition order and notice that the person is available for transport.

(II) Notwithstanding subsection (3)(d)(I) of this section to the contrary, if a Tribe is not able to take custody of the person within seventy-two hours after receipt of the extradition order and notice that the person is available for transport, the court may, upon a finding of good cause, adjust the time frame as necessary for the Tribe to take custody of the person.

(e) If a court orders extradition and the court receives information that the Tribal jurisdiction has custody of the person or the person has appeared before the Tribal court, the court shall dismiss the extradition case and order the extradition bond released.

(f) Except for a court's finding of good cause to hold a person longer than seventy-two hours pursuant to subsection (3)(d)(II) of this section, the law enforcement agency with custody of the person shall release the person if the Tribe has not taken custody of the person within the time frame set forth in subsection (3)(d)(I) of this section. A person who has been held in excess of the time limit set forth in subsection (3)(d)(I) of this section may file a motion for release, and upon receipt of the motion, the court shall conduct an immediate hearing. If the court determines at the hearing that the person has been held in excess of the time limit set forth in subsection (3)(d)(I) of this section, the court shall order the person's immediate release.

Source: L. 2025: Entire part added, (SB 25-009), ch. 165, p. 668, § 1, effective May 5.

ARTICLE 4

Release from Custody Pending Final Adjudication

PART 1

RELEASE ON BAIL

16-4-101. Bailable offenses - definitions.

16-4-102. Right to bail - before conviction - definitions.

16-4-103. Setting and selection type of bond - criteria.

16-4-104. Types of bond set by the court.

16-4-105. Conditions of release on bond.

16-4-105.5. Notification of court reminder program. (Repealed)

16-4-106. Pretrial services programs.

16-4-107. Hearing after setting of monetary conditions of bond.

16-4-107.5. Hearing after excluding time for speedy trial for public health emergency - repeal. (Repealed)

16-4-108. When original bond continued.

16-4-109. Reduction or increase of monetary conditions of bond - change in type of bond or conditions of bond - definitions.

16-4-110. Exoneration from bond liability.

16-4-111. Disposition of security deposits upon forfeiture or termination of bond.

16-4-112. Enforcement when forfeiture not set aside.

16-4-113. Type of bond in certain misdemeanor cases.

16-4-114. Enforcement procedures for compensated sureties - definitions.

16-4-115. Severability.

16-4-116. Bond hearing officer.

16-4-117. District attorney assistance for bond hearings grant program - created - rules.

PART 2

BAIL AFTER CONVICTION

16-4-201. Bail after conviction.

16-4-201.5. Right to bail after a conviction - exceptions.

16-4-202. Appeal bond hearing - factors to be considered.

16-4-203. Appeal bond hearing - order.

16-4-204. Appellate review of terms and conditions of bail or appeal bond.

16-4-205. When appellate court may fix appeal bond.

16-4-206. Notification of court reminder program. (Repealed)

PART 3

UNIFORM RENDITION OF ACCUSED PERSONS ACT

16-4-301. Short title.

16-4-302. Arrest of person illegally in state.

16-4-303. Hearing and right to counsel.

16-4-304. Order of return to demanding court.

PART 1

RELEASE ON BAIL

Editor's note: (1) This part 1 was numbered as article 4 of chapter 39, C.R.S. 1963. This article was repealed and reenacted in 1972, and this part 1 was subsequently repealed and reenacted in 2013, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this part 1 prior to 2013, consult the 2012 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2) For historical information concerning the 1972 repeal and reenactment of this article, see the editor's note following the article 1 heading.