reglab/housing_qa huggingface dataset:
CO Code § 16-19-101 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 19 - Fugitives and Extradition|§ 16-19-101. Short Title

 This article shall be known and may be cited as the “Uniform Criminal Extradition Act”.   History. Source: L. 53: P. 323, § 29. CSA: C. 72, § 74. CRS 53: § 60-1-29. C.R.S. 1963: § 60-1-32. History. Source: L. 53: P. 323, § 29. CSA: C. 72, § 74. CRS 53: § 60-1-29. C.R.S. 1963: § 60-1-32.    ANNOTATION   Purpose. The interstate agreement on detainers and the extradition act are both intended to serve the purpose of forcing a recalcitrant defendant who is no longer within the state where charges are pending to stand trial. Moen v. Wilson, 189 Colo. 85 , 536 P.2d 1129 (1975).   Transfer of custody not a waiver of jurisdiction. This article contemplates that the mere transfer of custody to another jurisdiction will not be deemed a presumptive or implied waiver of jurisdiction by the demanding state. Schoengarth v. Bray, 200 Colo. 288 , 615 P.2d 655 (1980).   Interstate agreement on detainers is inapplicable to a defendant whose custody is sought by traditional extradition procedures. People v. Quackenbush, 687 P.2d 448 (Colo. 1984).   Parolee was not entitled to insist upon utilization of Extradition Act rather than the Parole Supervision Act to effectuate his return to paroling state merely because he was initially advised of his rights under the Extradition Act. People v. Velarde, 739 P.2d 845 (Colo. 1987).   Applied in Guy v. Nelson, 630 P.2d 610 (Colo. 1981).
CO Code § 16-19-102 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 19 - Fugitives and Extradition|§ 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 state, includes any other state or territory, organized or unorganized, of the United States.     History. Source: L. 53: P. 314, § 1. CSA: C. 72, § 46. CRS 53: § 60-1-1. C.R.S. 1963: § 60-1-1. History. Source: L. 53: P. 314, § 1. CSA: C. 72, § 46. CRS 53: § 60-1-1. C.R.S. 1963: § 60-1-1.    ANNOTATION   Delegation of governor's authority. Because this section defines “governor” to include persons authorized to perform the functions of governor, the governor may delegate his authority to review and sign extradition documents. Macurdy v. Leach, 662 P.2d 166 (Colo. 1983).   Delegation of governor's executive authority not forbidden. Neither the state nor federal law (18 U.S.C. § 3182 (1976)) forbids delegation of the governor's executive authority to employees in his office and assistant attorneys general. Whittington v. Bray, 200 Colo. 17 , 612 P.2d 72 (1980).   And exercise of powers delegated by governor is “executive authority”. The governor of Colorado is the chief executive officer of Colorado, and, when he properly delegates power, the exercise of that power is action of the “executive authority”. Whittington v. Bray, 623 F.2d 681 (10th Cir. 1980).   It is not proper for judiciary to tell governor how to delegate his authority in extradition matters. Whittington v. Bray, 200 Colo. 17 , 612 P.2d 72 (1980).   Authentication of executive authority required. The only authentication required by § 16-19-104 is an authentication by the executive authority of the demanding state. Clark v. Leach, 200 Colo. 151 , 612 P.2d 1130 (1980).   Applied in Jaques v. Bray, 645 P.2d 22 (Colo. 1982); Hershberger v. Black, 645 P.2d 279 (1982).
CO Code § 16-19-105 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 19 - Fugitives and Extradition|§ 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 him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.   History. Source: L. 53: P. 315, § 4. CSA: C. 72, § 49. CRS 53: § 60-1-4. C.R.S. 1963: § 60-1-4. History. Source: L. 53: P. 315, § 4. CSA: C. 72, § 49. CRS 53: § 60-1-4. C.R.S. 1963: § 60-1-4.    ANNOTATION   Courts of asylum state may not consider certain allegations. The courts of the asylum state in a habeas corpus proceeding under this article may not properly consider allegations that the fugitive's life would be endangered by return to the demanding state. The accused, in respect to this matter, must pursue his remedies in the demanding state or with the executive of the asylum state. Lomax v. Cronin, 194 Colo. 523 , 575 P.2d 1285 (1978).   It is improper for judiciary to tell governor how to delegate his authority in extradition matters. It is no less improper for the judiciary to tell the governor, once he has delegated his authority, how the delegated authority should be exercised. Steinman v. Caldwell, 628 P.2d 110 (Colo. 1981).
CO Code § 16-19-109 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 19 - Fugitives and Extradition|§ 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 to the provisions of this article, to the duly authorized agent of the demanding state.   History. Source: L. 53: P. 316, § 8. CSA: C. 72, § 53. CRS 53: § 60-1-8. C.R.S. 1963: § 60-1-8. History. Source: L. 53: P. 316, § 8. CSA: C. 72, § 53. CRS 53: § 60-1-8. C.R.S. 1963: § 60-1-8.    ANNOTATION   Documents authorizing transport and delivery cure defective warrant. The warrant of the governor of Colorado accompanied by a document authorizing the agent to transport defendant, and another document ordering his delivery into the custody of agent, amply compensate for the clerical error in failing to fill in the two blank spaces in the initial warrant. Harding v. People, 161 Colo. 571 , 423 P.2d 847 (1967).   Identity between name in extradition documents and name in governor's warrant establishes a prima facie case that the person charged as a fugitive is indeed the fugitive sought by the demanding state. Richardson v. Cronin, 621 P.2d 949 (Colo. 1980); Council v. MacFarlane, 709 P.2d 947 (Colo. 1985).   Applied in People v. Wimer, 43 Colo. App. 237, 604 P.2d 1183 (1979).
CO Code § 16-19-110 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 19 - Fugitives and Extradition|§ 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.   History. Source: L. 53: P. 316, § 9. CSA: C. 72, § 54. CRS 53: § 60-1-9. C.R.S. 1963: § 60-1-9. History. Source: L. 53: P. 316, § 9. CSA: C. 72, § 54. CRS 53: § 60-1-9. C.R.S. 1963: § 60-1-9.    Cross references:   For general authority of peace officer in making arrests, see part 1 of article 3 of this title 16.
CO Code § 16-19-112 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 19 - Fugitives and Extradition|§ 16-19-112. Penalty for Noncompliance

 [ ] 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 by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.  Editor's note: This version of this section is effective until March 1, 2022.  History. Source: L. 53: P. 317, § 11. CSA: C. 72, § 56. CRS 53: § 60-1-11. C.R.S. 1963: § 60-1-11. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3164, § 175, effective March 1, 2022. History. Source: L. 53: P. 317, § 11. CSA: C. 72, § 56. CRS 53: § 60-1-11. C.R.S. 1963: § 60-1-11. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3164, § 175, effective March 1, 2022.    Editor's note:   Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
CO Code § 16-19-112 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 19 - Fugitives and Extradition|§ 16-19-112. Penalty for Noncompliance

 [ ] Any person who delivers to the agent for extradition of the demanding state a person in his or her custody under the governor's warrant, in willful disobedience to section 16-19-111 , commits a class 2 misdemeanor.  Editor's note: This version of this section is effective March 1, 2022.  History. Source: L. 53: P. 317, § 11. CSA: C. 72, § 56. CRS 53: § 60-1-11. C.R.S. 1963: § 60-1-11. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3164, § 175, effective March 1, 2022. History. Source: L. 53: P. 317, § 11. CSA: C. 72, § 56. CRS 53: § 60-1-11. C.R.S. 1963: § 60-1-11. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3164, § 175, effective March 1, 2022.
CO Code § 16-19-113 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 19 - Fugitives and Extradition|§ 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 until the officer or person having charge of him is ready to proceed on his route, such person being chargeable with the expense of keeping. The officer or agent of a demanding state to whom a prisoner has been delivered following extradition proceedings in another state, or to whom a prisoner has been delivered after waiving extradition in such other state, and who is passing through this state with the prisoner for the purpose of immediately returning the prisoner to the demanding state, when necessary, may confine the prisoner in the jail of any county or city through which he may pass. The keeper of the jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent, however, being chargeable with the expense of keeping; but the officer or agent shall produce and show to the keeper of the jail satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the executive authority of the demanding state. The prisoner shall not be entitled to demand a new requisition while in this state.   History. Source: L. 53: P. 317, § 12. CSA: C. 72, § 57. CRS 53: § 60-1-12. C.R.S. 1963: § 60-1-12. History. Source: L. 53: P. 317, § 12. CSA: C. 72, § 57. CRS 53: § 60-1-12. C.R.S. 1963: § 60-1-12.
CO Code § 16-19-115 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 19 - Fugitives and Extradition|§ 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 be taken before a judge with all practicable speed, and complaint must be made against him under oath setting forth the ground for arrest as in section 16-19-114 ; and thereafter his answer shall be heard as if he had been arrested on a warrant.   History. Source: L. 53: P. 318, § 14. CSA: C. 72, § 59. CRS 53: § 60-1-14. C.R.S. 1963: § 60-1-14. History. Source: L. 53: P. 318, § 14. CSA: C. 72, § 59. CRS 53: § 60-1-14. C.R.S. 1963: § 60-1-14.    ANNOTATION   Statute as basis for jurisdiction. See Crumrine v. Erickson, 186 Colo. 139 , 526 P.2d 148 (1974).   Outstanding arrest warrant from another jurisdiction constituted sufficient probable cause for warrantless arrest even though arrest warrant contained “no extradition” provision. People v. Thompson, 793 P.2d 1173 (Colo. 1990).   Applied in Evans v. Simonet, 699 P.2d 1337 (Colo. 1985).
CO Code § 16-19-118 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 19 - Fugitives and Extradition|§ 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.   History. 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. History. 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).
CO Code § 16-19-119 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 19 - Fugitives and Extradition|§ 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 state. Recovery may be had on such bond in the name of the people of the state of Colorado as in the case of other bonds or undertakings given by a defendant in criminal proceedings.   History. Source: L. 53: P. 319, § 18. CSA: C. 72, § 63. CRS 53: § 60-1-18. C.R.S. 1963: § 60-1-18. History. Source: L. 53: P. 319, § 18. CSA: C. 72, § 63. CRS 53: § 60-1-18. C.R.S. 1963: § 60-1-18.
CO Code § 16-19-119.5 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 19 - Fugitives and Extradition|§ 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, and appear to take custody of the fugitive. During this period, pending the arrival of the agent of the demanding state, the fugitive shall remain in custody in this state without bail and shall not be discharged.   History. Source: L. 2006: Entire section added, p. 340, § 1, effective July 1.
CO Code § 16-19-120 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 19 - Fugitives and Extradition|§ 16-19-120. Persons Under Prosecution When Demanded

 If a criminal prosecution has been instituted against a person under the laws of this state and is still pending, the governor, in his discretion, subject to such criminal prosecution, either may surrender him on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this state.   History. Source: L. 53: P. 319, § 19. CSA: C. 72, § 64. CRS 53: § 60-1-19. C.R.S. 1963: § 60-1-19. History. Source: L. 53: P. 319, § 19. CSA: C. 72, § 64. CRS 53: § 60-1-19. C.R.S. 1963: § 60-1-19.    ANNOTATION   Applied in People v. Wimer, 43 Colo. App. 237, 604 P.2d 1183 (1979).
CO Code § 16-19-121 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 19 - Fugitives and Extradition|§ 16-19-121. When Guilt Inquired Into

 The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceedings after the demand for extradition accompanied by a charge of crime in legal form has been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.   History. Source: L. 53: P. 320, § 20. CSA: C. 72, § 65. CRS 53: § 60-1-20. C.R.S. 1963: § 60-1-20. History. Source: L. 53: P. 320, § 20. CSA: C. 72, § 65. CRS 53: § 60-1-20. C.R.S. 1963: § 60-1-20.    ANNOTATION   The guilt or innocence of the alleged fugitive may not be considered in extradition matters. Self v. People, 133 Colo. 524 , 297 P.2d 887 (1956).   Guilt or innocence of the crime charged has no bearing on the issue of extradition but will be determined on the trial of the case once he is returned to the demanding state. Fox v. People, 161 Colo. 163 , 420 P.2d 412 (1966); Osborne v. Van Cleave, 173 Colo. 26 , 475 P.2d 625 (1970).   When the court in Kansas forfeited the petitioner's bond, he became a fugitive within the meaning of the extradition laws. Whether it was wrongfully revoked is an issue between the petitioner and the state of Kansas, over which the courts of Colorado have no jurisdiction. Davis v. People, 172 Colo. 486 , 474 P.2d 206 (1970).   Extradition is but one step in securing the presence of the defendant in the court in which he may be tried, and in no manner determines the question of guilt or innocence. Eathorne v. Nelson, 180 Colo. 288 , 505 P.2d 1 (1973).   Colorado courts cannot determine the accused's guilt or innocence under the laws of the demanding state in resolving the extradition issue. Rush v. Baker, 188 Colo. 136 , 533 P.2d 36 (1975).   Neither are constitutional rights justiciable. Petitioner's allegations concerning a violation of his constitutional rights present no issue justiciable in the Colorado courts. His remedy for violation of such rights in Mississippi lies in the post conviction procedures provided by Mississippi in its state courts, and in the appropriate federal courts. Holmes v. People, 169 Colo. 371 , 456 P.2d 731 (1969).   And criminal procedure is not applicable. Being a summary proceeding of a civil nature, not involving the guilt or innocence of the accused, there is no compelling reason to apply the strict rules of criminal procedure in determining factual issues that may arise at extradition hearings on a petition of habeas corpus. North v. Koch, 169 Colo. 508 , 457 P.2d 915 (1969).   Statute as basis for jurisdiction. See Crumrine v. Erickson, 186 Colo. 139 , 526 P.2d 148 (1974).   Applied in Wilkerson v. Vogt, 167 Colo. 109 , 445 P.2d 715 (1968).
CO Code § 16-19-122 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 19 - Fugitives and Extradition|§ 16-19-122. Governor May Recall Warrant

 The governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.   History. Source: L. 53: P. 320, § 21. CSA: C. 72, § 66. CRS 53: § 60-1-21. C.R.S. 1963: § 60-1-21. History. Source: L. 53: P. 320, § 21. CSA: C. 72, § 66. CRS 53: § 60-1-21. C.R.S. 1963: § 60-1-21.    ANNOTATION   Courts of asylum state may not consider certain allegations. The courts of the asylum state in a habeas corpus proceeding under this article may not properly consider allegations that the fugitive's life would be endangered by return to the demanding state. The accused, in respect to this matter, must pursue his remedies in the demanding state or with the executive of the asylum state. Lomax v. Cronin, 194 Colo. 523 , 575 P.2d 1285 (1978).   Demanding state may reinstate extradition demand after having withdrawn it. Massey v. Wilson, 199 Colo. 121 , 605 P.2d 469 (1980).   Jurisdiction retained where warrant recalled because complaint amended. Where the governor of the asylum state recalled his warrant of arrest and issued another warrant because the complaints against the defendants was amended, Colorado court clearly retained jurisdiction over the defendants during this procedure. Allen v. Leach, 626 P.2d 1141 (Colo. 1981).   Governor may reactivate warrant. When considered in conjunction with § 16-19-120 , the authority granted to the governor by this section, includes the authority to temporarily withhold and conditionally reactivate a previously issued warrant. Jacobson v. Sullivan, 703 P.2d 1293 (Colo. 1985).
CO Code § 16-19-123 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 19 - Fugitives and Extradition|§ 16-19-123. Fugitives From This State

 When the governor of this state demands a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation, or parole in this state from the executive authority of any other state or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of this state, to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed.   History. Source: L. 53: P. 320, § 22. CSA: C. 72, § 67. CRS 53: § 60-1-22. L. 57: P. 380, § 3. C.R.S. 1963: § 60-1-22. History. Source: L. 53: P. 320, § 22. CSA: C. 72, § 67. CRS 53: § 60-1-22. L. 57: P. 380, § 3. C.R.S. 1963: § 60-1-22.    ANNOTATION   Duty as agent distinguished from official status. Although the agent selected by the governor to receive an alleged fugitive from justice from another state may be a sheriff or his deputy, his duties, as such agent, are wholly apart from, and have nothing to do with, his official status. Fidelity & Deposit Co. v. Hershey, 93 Colo. 215 , 25 P.2d 178 (1933).   Interstate agreement on detainers is inapplicable to a defendant whose custody is sought by traditional extradition procedures. People v. Quackenbush, 687 P.2d 448 (Colo. 1984).