§ 16-19-126 — Written waiver of extradition

(1) Any person arrested in this
state charged with having committed any crime in another state or alleged to have
escaped from confinement or broken the terms of his or her bail, probation, or
parole may waive the issuance and service of the warrant provided for in sections
16-19-108 and 16-19-109 and all other procedure incidental to extradition
proceedings by executing or subscribing in the presence of a judge of any court of
record within this state a writing which states that he or she consents to return to
the demanding state and acknowledging that he or she shall not be admitted to
bail; but, before the waiver is executed or subscribed by such person, it is the duty
of the judge to inform such person of his or her rights to the issuance and service of
a warrant of extradition and to obtain a writ of habeas corpus as provided for in
section 16-19-111.

(2) If and when a consent has been duly executed, it shall forthwith be
forwarded to the office of the governor of this state and filed therein. The judge
shall direct the officer having the person in custody to deliver such person forthwith
to the duly accredited agent or agents of the demanding state and shall deliver or
cause to be delivered to that agent or those agents a copy of the consent. Nothing
in this section shall be deemed to limit the rights of the accused person to return
voluntarily and without formality to the demanding state, nor shall this waiver
procedure be deemed to be an exclusive procedure or to limit the powers, rights, or
duties of the officers of the demanding state or of this state.

(3) A fugitive shall not be permitted to withdraw a waiver of extradition
unless the fugitive makes a showing of good cause for the withdrawal of the waiver
of extradition. The fugitive shall provide the court, governor, and district attorney
with the request to withdraw the waiver of extradition stating the reasons for
withdrawing the waiver. If the court grants the withdrawal, it shall provide the
governor with an order permitting the withdrawal of the waiver of extradition. A
judge shall commit a fugitive who is permitted to withdraw his or her waiver of
extradition to the county jail without bond for a specified period of time, of not less
than thirty days and not more than ninety days, as will enable the arrest of the
accused to be made under warrant of the governor or on a requisition of the
executive authority of the state having jurisdiction of the offense.

Legislative History

Source: L. 53: p. 321, � 24-A. CSA: C. 72, � 70. CRS 53: � 60-1-25. L. 57: p. 381, � 5. C.R.S. 1963: � 60-1-25. L. 2005: (1) amended and (3) added, p. 620, � 2, effective May 27.