(1) If any person is committed or detained for any criminal or supposed criminal matter, it is lawful for him to apply to the supreme or district courts for a writ of habeas corpus, which application shall be in writing and signed by the prisoner or some person on his behalf setting forth the facts concerning his imprisonment and in whose custody he is detained, and shall be accompanied by a copy of the warrant of commitment, or an affidavit that the said copy has been demanded of the person in whose custody the prisoner is detained, and by him refused or neglected to be given. The court to which the application is made shall forthwith award the writ of habeas corpus, unless it appears from the petition itself, or from the documents annexed, that the party can neither be discharged nor admitted to bail nor in any other manner relieved. Said writ, if issued by the court, shall be under the seal of the court, and directed to the person in whose custody the prisoner is detained, and made returnable forthwith. (2) To the intent that no officer, sheriff, jailer, keeper, or other person to whom such writ is directed may pretend ignorance thereof, every writ shall be endorsed with the words "by the habeas corpus act". When the writ is served by any person upon the sheriff, jailer, or keeper, or other person to whom the same is directed, or brought to him, or left with any of his underofficers or deputies at the jail or place where the prisoner is detained, he or some of his underofficers or deputies, upon payment or tender of the charges of bringing the said prisoner, to be ascertained by the court awarding the said writ and endorsed thereon not exceeding fifteen cents per mile and upon sufficient security given to pay the charges of carrying him back if he is remanded, shall make return of the writ and bring, or cause to be brought, the body of the prisoner before the court which granted the writ and certify the true cause of his imprisonment within three days thereafter, unless the commitment of such person is in a place beyond the distance of twenty miles from the place where the writ is returnable; if it is beyond the distance of twenty miles and not above one hundred miles, the writ shall be returned within ten days and, if beyond the distance of one hundred miles, within twenty days after the delivery of the writ, and not longer.
Source: R.S. p. 352, § 1. G.L. § 1323. G.S. § 1609. R.S. 08: § 2917. C.L. § 6486. CSA: C. 77, § 1. CRS 53: § 65-1-1. C.R.S. 1963: § 65-1-1.
Cross references: For the constitutional bar to suspension of habeas corpus, see § 21 of art. II, Colo. Const.; for the availability of writ, see C.R.C.P. 106(a).
Notes of Decisions
Cited in
58
cases (
8 in the last 5 years), 1976–2026 · leading case:
Jones v. Williams, 2019 CO 61, 443 P.3d 56.
Jones v. Williams, 2019 CO 61, 443 P.3d 56.
· cites it 12× “§ 13-45-101(1). ¶20 The subsection then goes on to instruct the district court how to proceed after receiving a petition: "The court to which the application is made shall forthwith award the writ of habeas corpus, unless it appears from the petition itself, or from the…”
Evans v. Dist. Court, 572 P.2d 811 (Colo. 1977).
· cites it 25× “Section 13-45-101, C.R.S. 1973, provides that those persons detained or committed for any criminal or supposed criminal matter may petition for writs of habeas corpus.”
Moody v. Corsentino, 843 P.2d 1355 (Colo. 1993).
· cites it 8× “The procedures by which Colorado courts conduct the proceedings are statutory and are governed by sections 13-45-101 to -119, 6A C.R.S. (1987 & 1992 Supp.”
People v. Calyer, 736 P.2d 1204 (Colo. 1987).
· cites it 17× “On February 15, 1985, while incarcerated in the Department’s Camp George West facility in Golden, Colorado, Calyer filed a petition for writ of habeas corpus in the El Paso County District Court, pursuant to section 13-45-101, 6 C.R.S. (1973), against respondent “Chase Riveland…”
Kodama v. Johnson, 786 P.2d 417 (Colo. 1990).
· cites it 4× “The trial court denied the petition on the grounds that the relief requested by Kodama was not available in a habeas corpus proceeding, and because the petition, if considered to be a motion under C.”
Horton v. Suthers, 43 P.3d 611 (Colo. 2002).
· cites it 3× “Subject-Matter Jurisdiction and the Writ of Habeas Corpus Contrary to the director's assertion, the habeas court did not lack subject-matter jurisdiction.”
People v. Robinson, 833 P.2d 832 (Colo. Ct. App. 1992).
· cites it 2× “Tinsley, supra; see also § 13-45-101, C.R.S. (1987 Repl.Vol. 6A) and § 18-1-410, C.”
People v. Wiedemer, 852 P.2d 424 (Colo. 1993).
“The procedures by which the right is implemented are set forth in sections 13-45-101 to -119, 6A C.R.S. (1987 & 1992 Supp.”
Marshall v. Kort, 690 P.2d 219 (Colo. 1984).
· cites it 4× “In fact, section 13-45-101(1), 6 C.R.S. (1978) commands the court to issue the writ of habeas corpus "unless it appears from the petition itself, or from the documents annexed, that the party can neither be discharged nor admitted to bail nor in any other manner relieved.”
Meredith v. Zavaras, 954 P.2d 597 (Colo. 1998).
· cites it 4× “35(c) in the Adams Court requesting that court to enter a finding that the first sentence was discharged, or seek declaratory relief pursuant to C.R.C.P. 57. These arguments ignore the temporal reality of this case.”
Cardiel v. Brittian, 833 P.2d 748 (Colo. 1992).
· cites it 5× “See § 13-45-101, 6A C.R.S. (1987). The court held a hearing at which the superintendent was represented by an attorney from the office of the Colorado Attorney General, who participated by telephone.”
Deason v. Kautzky, 786 P.2d 420 (Colo. 1990).
· cites it 4× “Under the Habeas Corpus Act, section 13-45-101 to -119, C.R.S. (1987), a habeas corpus proceeding cannot be used to review allegedly improper withholding of good time credits as a penalty in a prison disciplinary hearing.”
Colo. Rev. Stat. § 13-45-101(1): 22 cases
Jones v. Williams, 2019 CO 61, 443 P.3d 56.
“§ 13-45-101(1). ¶20 The subsection then goes on to instruct the district court how to proceed after receiving a petition: "The court to which the application is made shall forthwith award the writ of habeas corpus, unless it appears from the petition itself, or from the…”
Moody v. Corsentino, 843 P.2d 1355 (Colo. 1993).
“The procedures by which Colorado courts conduct the proceedings are statutory and are governed by sections 13-45-101 to -119, 6A C.R.S. (1987 & 1992 Supp.”
Evans v. Dist. Court, 572 P.2d 811 (Colo. 1977).
“Section 13-45-101, C.R.S. 1973, provides that those persons detained or committed for any criminal or supposed criminal matter may petition for writs of habeas corpus.”
Marshall v. Kort, 690 P.2d 219 (Colo. 1984).
“In fact, section 13-45-101(1), 6 C.R.S. (1978) commands the court to issue the writ of habeas corpus "unless it appears from the petition itself, or from the documents annexed, that the party can neither be discharged nor admitted to bail nor in any other manner relieved.”
Colo. Rev. Stat. § 13-45-101(2): 4 cases
Moody v. Corsentino, 843 P.2d 1355 (Colo. 1993).
“The procedures by which Colorado courts conduct the proceedings are statutory and are governed by sections 13-45-101 to -119, 6A C.R.S. (1987 & 1992 Supp.”
People v. Calyer, 736 P.2d 1204 (Colo. 1987).
“On February 15, 1985, while incarcerated in the Department’s Camp George West facility in Golden, Colorado, Calyer filed a petition for writ of habeas corpus in the El Paso County District Court, pursuant to section 13-45-101, 6 C.R.S. (1973), against respondent “Chase Riveland…”
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