§ 16-19-101. Short Title

This article shall be known and may be cited as the “Uniform Criminal Extradition Act”. Source: L. 53: p. 323, § 29. CSA: C. 72, § 74. CRS 53: § 60-1-29. C.R.S. 1963: § 60-1-32.

§ 16-19-102. Definitions

As used in this article, unless the context otherwise requires: “Executive authority” includes the governor and any person performing the function of governor in a state other than this state. “Governor” includes any person performing the functions of governor by authority of the law of this state. “State”, referring to a state other than this […]

§ 16-19-103. Fugitives From Justice

Subject to the provisions of this article, the provisions of the constitution of the United States controlling, and any act of congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any […]

§ 16-19-104. Form of Demand

No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under section 16-19-107, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled […]

§ 16-19-105. Governor May Investigate Case

When a demand is made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to […]

§ 16-19-106. Extradition of Persons Imprisoned or Awaiting Trial

When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the governor of this state may agree with the executive authority of the other state for the extradition […]

§ 16-19-107. Extradition of Persons Not Present Where Crime Committed

The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in section 16-19-104 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state […]

§ 16-19-108. Issue of Governor’s Warrant

If the governor decides that the demand should be complied with, the governor shall sign a warrant of arrest, which shall be sealed with the state seal and be directed to any peace officer or other person whom the governor may think fit to entrust with the execution thereof. The warrant must substantially recite the […]

§ 16-19-109. Manner and Place of Execution

The warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant and to deliver the accused, subject […]

§ 16-19-110. Authority of Arresting Officer

Every peace officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance. Source: L. 53: p. 316, § […]

§ 16-19-111. Rights of Accused – Habeas Corpus

No person arrested upon such a warrant shall be delivered over to the agent whom the executive authority demanding him has appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made for his surrender and […]

§ 16-19-112. Penalty for Noncompliance

[ Editor’s note: This version of this section is effective until March 1, 2022. ] Any person who delivers to the agent for extradition of the demanding state a person in his custody under the governor’s warrant, in willful disobedience to section 16-19-111, is guilty of a misdemeanor and, upon conviction thereof, shall be punished […]

§ 16-19-113. Confinement in Jail

The officer or person executing the governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner has been delivered, when necessary, may confine the prisoner in the jail in any county or city through which he may pass. The keeper of the jail must receive and safely keep the prisoner […]

§ 16-19-114. Arrest Prior to Requisition

When any person within this state is charged on the oath of any credible person before any judge of this state with the commission of any crime in any other state and, except in cases arising under section 16-19-107, with having fled from justice, or with having been convicted of a crime in that state […]

§ 16-19-115. Arrest Without Warrant

The arrest of a person may be lawfully made also by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year. When so arrested the accused must […]

§ 16-19-116. Commitment to Await Requisition – Bail

If from the examination before the judge it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 16-19-107, that he or she has fled from justice, the judge shall, by a warrant reciting the accusation, commit him or her to the county […]

§ 16-19-117. Bail Pending Extradition

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 […]

§ 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, […]

§ 16-19-119. Forfeiture of Bail

If the person so held is admitted to bail as provided for in section 16-19-117 and fails to appear and surrender himself according to the conditions of his bond, the judge of the district court, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within this […]

§ 16-19-119.5. Custody Pending Arrival of Agent of the Demanding State

Upon ordering the delivery of a fugitive forthwith to the agent of a demanding state, a judge shall allow the agent of the demanding state a period of not less than fifteen days and not more than thirty days from the date of the order within which to complete transportation arrangements, travel to this state, […]