2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 11 - IMPOSITION OF SENTENCE (§§ 16-11-101 — 16-11-901) › Part 2 - PROBATION (§§ 16-11-201 — 16-11-215) › Section 16-11-205 - Arrest of probationer - revocation

(1)
A probation officer may arrest any probationer when:
(a)
The officer has a warrant commanding that the probationer be arrested; or
(b)
The officer has probable cause to believe that a warrant for the probationer's arrest has been issued in this state or another state for any criminal offense or for violation of the conditions of probation; or
(c)
Any offense pursuant to the laws of this state that is statutorily eligible for arrest has been or is being committed by the probationer in his presence; or
(d)
(Deleted by amendment, L. 2022.)
(e)
The officer has probable cause to believe that the conditions of probation have been violated and probable cause to believe that the probationer is leaving or about to leave the state, or that the probationer will fail or refuse to appear before the court to answer charges of violation of the conditions of probation, or that the arrest of the probationer is necessary to protect the safety of the community or another person or prevent the commission of a crime.
(f)
(Deleted by amendment, L. 2022.)
(2)
Unless any circumstances as provided in subsection (1) or (6.5) of this section exist, when a probation officer has reason to believe that the probationer violated conditions of probation and that a petition for revocation is necessary and appropriate subject to section
16-11-215
, the probation officer shall issue a summons requiring the probationer to appear before the court at a specified time and place to answer charges of violation of the conditions of probation. The summons, unless accompanied by a copy of a complaint, shall contain a brief statement of the violation and the date and place thereof. Failure of the probationer to appear before the court as required by the summons shall be deemed a violation of the conditions of probation.
(3)
If, rather than issuing a summons, a probation officer makes an arrest, without warrant, of a probationer, the probationer shall be taken without unnecessary delay before the nearest available judge of a court of record. Any probationer so arrested shall have all of the rights afforded by the provisions of this code to persons incarcerated before trial of criminal charges and may be admitted to bail pending probation revocation hearing.
(4)
Within seven days after the arrest of any probationer as provided in this section, or within a reasonable time after the issuance of a summons under this section, the probation officer shall complete his or her investigation and either:
(a)
File a complaint in the court having jurisdiction of the violation of probation; or
(b)
Order the release of the probationer, if imprisoned, and notify the probationer that he is relieved of obligation to appear before the court. In such event, the probation officer shall give written notification to the court of his action.
(5)
A complaint alleging the violation of a condition of probation may be filed either by the probation officer pursuant to subsection (4) of this section or by the district attorney. Such complaint must contain the name of the probationer, must identify the violation charged and the condition of probation alleged to have been violated, including the date and approximate location thereof, must include a summary of the violation behavior history and any behavioral responses applied consistent with the structured and individualized behavioral responses developed pursuant to section
16-11-215
and must be signed by the probation officer or the district attorney. A copy thereof must be given to the probationer a reasonable length of time before the probationer appears before the court.
(6)
A warrant for the arrest of any probationer for violation of the conditions of probation may be issued by any judge of a court of record upon the report of a probation officer or upon the verified complaint of any person, establishing to the satisfaction of the judge probable cause to believe that a condition of probation has been violated and that the arrest of the probationer is reasonably necessary. The warrant may be executed by any probation officer or by a peace officer authorized to execute warrants in the county in which the probationer is found.
(6.5)
Unless there is reason to believe that a probationer would not appear, would interfere with the criminal justice process, or poses substantial risk of serious harm to others, a probation officer shall issue a summons rather than request a warrant when filing a petition for revocation.
(7)
A person or entity that provides supervision pursuant to section
18-1.3-202 (2)
, C.R.S., may issue a summons and file a complaint with the court for a defendant under his or her supervision in accordance with the provisions of this section.
Amended by 2022 Ch. 69, § 3, eff. 7/1/2023.
Amended by 2016 Ch. 284, § 1, eff. 8/10/2016.
L. 72: R&RE, p. 244, § 1. C.R.S. 1963: § 39-11-205. L. 87: (5) amended, p. 605, § 6, effective April 6. L. 89: (1)(f) added, p. 876, § 11, effective June 5. L. 2012: IP(4) amended, (SB 12-175), ch. 208, p. 855, § 86, effective July 1. L. 2016: (7) added, (SB 16-164), ch. 284, p. 1160, § 1, effective August 10.