(1) 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 to have escaped from custody or confinement in the demanding state or to have violated the terms of his or her bail, probation, parole, or sentence, or the fugitive has executed a written waiver of extradition pursuant to section 16-19-126, the judge of any district court within the state of Colorado may admit any person arrested, held, or detained for extradition or interstate rendition to another state or territory of the United States or to any foreign country, to bail by bond or undertaking, with such sufficient sureties and in such sum as such judge deems proper, conditioned upon the appearance of such person before the court at a time specified in the bond or undertaking and for such person's surrender upon the warrant of the governor of this state for such person's extradition or interstate rendition to another state or territory of the United States or to any foreign country. When any such person has been served with a governor's warrant, such person shall no longer be eligible to be admitted to bail.
(2) Before granting the bond provided for in subsection (1) of this section, the judge of the district court within the state of Colorado to whom such application for bail is made shall cause reasonable notice to be served upon the district attorney of the judicial district within which an application is made and also upon the person or authority holding or detaining the person.
Source: L. 53: p. 319, § 16. CSA: C. 72, § 61. CRS 53: § 60-1-16. C.R.S. 1963: § 60-1- 16. L. 93: (1) amended, p. 1729, § 9, effective July 1. L. 2005: (1) amended, p. 620, § 1, effective May 27.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1980–2021 · leading case:
Fullerton v. Cnty. Court, 124 P.3d 866 (Colo. Ct. App. 2005).
Fullerton v. Cnty. Court, 124 P.3d 866 (Colo. Ct. App. 2005).
· cites it 12× “Accordingly, the county court’s actions were governed, not by the provisions of § 16-4-104(1), but by the UCEA generally, and, specifically, by § 16-19-117, which expressly applies to the setting of bail pending extradition.”
v. Garcia, 2021 COA 65.
· cites it 2× “, § 16-19-117(1), C.R.S. 2020 (“[T]he judge of any district court within the state of Colorado may admit any person arrested, held, or detained for extradition or interstate rendition to another state or territory of the United States or to any 12 foreign country .”
Whittington v. Bray, 612 P.2d 72 (Colo. 1980).
· cites it 4× “he judge shall, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding thirty days and as specified in the warrant as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive…”
In re the Marriage of Tognoni, 313 P.3d 655 (Colo. Ct. App. 2011).
· cites it 2× “2005) (interpreting statutory language allowing bail "with such sufficient sureties and in such sum as such judge deems proper," § 16-19-117(1), C.R.S.2011 (emphasis added), as giving trial court discretion over both the sum of bail and the sufficiency of the surety); see also,…”
Schumm v. Nelson, 659 P.2d 1389 (Colo. 1983).
· cites it 4× “he judge shall, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding thirty days and as specified in the warrant as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive…”
Casler v. Nelson, 661 P.2d 1166 (Colo. 1983).
· cites it 2× “he judge shall, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding thirty days and as specified in the warrant as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive…”
Dawson v. Nelson, 661 P.2d 683 (Colo. 1983).
· cites it 2× “he judge shall, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding thirty days and as specified in the warrant as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive…”
Colo. Rev. Stat. § 16-19-117(1): 3 cases
Fullerton v. Cnty. Court, 124 P.3d 866 (Colo. Ct. App. 2005).
“Accordingly, the county court’s actions were governed, not by the provisions of § 16-4-104(1), but by the UCEA generally, and, specifically, by § 16-19-117, which expressly applies to the setting of bail pending extradition.”
v. Garcia, 2021 COA 65.
“, § 16-19-117(1), C.R.S. 2020 (“[T]he judge of any district court within the state of Colorado may admit any person arrested, held, or detained for extradition or interstate rendition to another state or territory of the United States or to any 12 foreign country .”
In re the Marriage of Tognoni, 313 P.3d 655 (Colo. Ct. App. 2011).
“2005) (interpreting statutory language allowing bail "with such sufficient sureties and in such sum as such judge deems proper," § 16-19-117(1), C.R.S.2011 (emphasis added), as giving trial court discretion over both the sum of bail and the sufficiency of the surety); see also,…”
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