(1) Within one hundred eighty-two days after the receipt of the request by the court and the prosecuting official, or within such additional time as the court for good cause shown in open court may grant, the prisoner or the prisoner's counsel being present, the indictment, information, or criminal complaint shall be brought to trial; but the parties may stipulate for a continuance or a continuance may be granted on notice to the prisoner's attorney and opportunity to be heard. If, after such a request, the indictment, information, or criminal complaint is not brought to trial within that period, no court of this state shall any longer have jurisdiction thereof, nor shall the untried indictment, information, or criminal complaint be of any further force or effect, and the court shall dismiss it with prejudice.
(2) Any prisoner who requests disposition pursuant to section 16-14-102 may waive the right to disposition within the time specified in subsection (1) of this section by express waiver on the record after full advisement by the court. If a prisoner makes said waiver, the time for trial of the indictment, information, or criminal complaint shall be extended as provided in section 18-1-405 (4), C.R.S., concerning waiver of the right to speedy trial.
Source: L. 69: p. 291, § 8. C.R.S. 1963: § 39-23-3. L. 95: Entire section amended, p. 463, § 7, effective July 1. L. 2004: (1) amended, p. 1377, § 1, effective July 1. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 859, § 94, effective July 1.
Notes of Decisions
Cited in
43
cases (
5 in the last 5 years), 1978–2026 · leading case:
People v. McKimmy, 2014 CO 76 (Colo. 2014).
People v. McKimmy, 2014 CO 76 (Colo. 2014).
· cites it 50× “Compare § 16-14-104(1), C.R.S. (2011), with § 16-14-104(1), C.”
People v. Anderson, 649 P.2d 720 (Colo. Ct. App. 1982).
· cites it 24× “Section 16-14-104, C.R.S.1973 (1978 Repl.”
v. Draper, 2021 COA 120 (Colo. Ct. App. 2021).
· cites it 2× “2020, and a trial on the untried charges must begin within 182 days after receipt of the request, § 16-14-104(1), C.R.S. 2020. If the trial does not begin within that period, the court must dismiss those charges with prejudice.”
Martin v. People, 738 P.2d 789 (Colo. 1987).
· cites it 10× “Of course, a defendant may waive his speedy trial rights under the Uniform Act by freely acquiescing in a trial date beyond the ninety-day speedy trial period imposed by section 16-14-104. 1 People v. Sevigny, 679 P.”
People v. Gess, 250 P.3d 734 (Colo. Ct. App. 2010).
· cites it 13× “Because we cannot determine whether the court complied with section 16-14-104, we remand for further proceedings.”
People v. Carr, 205 P.3d 471 (Colo. Ct. App. 2009).
· cites it 15× “Significantly, this provision was- added to section 16-14-104 in 1995. See ch. 129, § 1, § 16-14-104(2), 1995 Colo.”
People v. Glasser, 293 P.3d 68 (Colo. Ct. App. 2011).
· cites it 2× “§ 16-14-104(1), C.R.S. 2010. If the trial does not occur within that period, the court must dismiss the charges with prejudice.”
People v. Mascarenas, 666 P.2d 101 (Colo. 1983).
· cites it 6× “Section 16-14-104, C.R.S.1973 (1978 Repl.”
People v. Campbell, 742 P.2d 302 (Colo. 1987).
· cites it 7× “1 The motion averred that the defendant had requested final disposition of the Larimer County charges by his letter of July 19, 1984, and that he had not been brought to trial within ninety days of receipt of that letter by the court and prosecuting official, as required by…”
People v. Higinbotham, 712 P.2d 993 (Colo. 1986).
· cites it 6× “§ 16-14-104, 8 C.R.S.' (1978). The ninety-day period can be extended for good cause or by stipulation.”
Moody v. Corsentino, 843 P.2d 1355 (Colo. 1993).
· cites it 4× “§ 16-14-104. Thus, the UMDDA allows Colorado prisoners to "clear the slate" of outstanding Colorado cases.”
People v. Allen, 744 P.2d 73 (Colo. 1987).
· cites it 8× “[5] We recently reiterated that a defendant may waive his speedy trial rights under the Uniform Mandatory Disposition of Detainers Act (Uniform Act) [6] "by freely acquiescing in a trial date beyond the ninety-day speedy trial period imposed by section 16-14-104[, 8A C.R.S.…”
— Colo. Rev. Stat. § 16-14-104(1) — 15 cases
People v. McKimmy, 2014 CO 76 (Colo. 2014).
“Compare § 16-14-104(1), C.R.S. (2011), with § 16-14-104(1), C.”
v. Draper, 2021 COA 120 (Colo. Ct. App. 2021).
“2020, and a trial on the untried charges must begin within 182 days after receipt of the request, § 16-14-104(1), C.R.S. 2020. If the trial does not begin within that period, the court must dismiss those charges with prejudice.”
People v. Glasser, 293 P.3d 68 (Colo. Ct. App. 2011).
“§ 16-14-104(1), C.R.S. 2010. If the trial does not occur within that period, the court must dismiss the charges with prejudice.”
— Colo. Rev. Stat. § 16-14-104(2) — 5 cases
People v. Carr, 205 P.3d 471 (Colo. Ct. App. 2009).
“Significantly, this provision was- added to section 16-14-104 in 1995. See ch. 129, § 1, § 16-14-104(2), 1995 Colo.”
People v. Gess, 250 P.3d 734 (Colo. Ct. App. 2010).
“Because we cannot determine whether the court complied with section 16-14-104, we remand for further proceedings.”
v. Yakas, 2019 COA 117 (Colo. Ct. App. 2019).
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