§ 16-19-126.5 — Prior waiver of extradition

Colorado § 16-19-126.5

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Fugitives and Extradition

Text

(1) Notwithstanding any other
provision of law, a law enforcement agency in the state of Colorado holding a
person who is alleged to have broken the terms of such person's probation, parole,
bail, or any other conditional release in the demanding state shall immediately
deliver the person to the duly authorized agent of the demanding state without the
requirement of a demand by the executive authority of the demanding state, and
without the requirement of a governor's warrant issued by the governor of the state
of Colorado, if such person has signed a prior waiver of extradition as a condition of
such person's current probation, parole, bail, or other conditional release in the
demanding state.

(2) The law enforcement agency shall immediately deliver any person
pursuant to subsection (1) of this section upon the receipt of the following
documents, which shall be accepted as conclusive proof of the contents of such
documents and of the validity of the waiver set forth therein:

(a) A certified copy of the prior waiver of extradition signed by the person
being held by the law enforcement agency, or an electronically or
electromagnetically transmitted facsimile thereof;

(b) A certified copy of an order or warrant from the demanding state
directing the return of the person for violating the conditions of such person's
probation, parole, bail, or other conditional release, or an electronically or
electromagnetically transmitted facsimile thereof; and

(c) A photograph, fingerprints, or other evidence which identifies the person
held by the law enforcement agency as the person who signed the waiver of
extradition and who is named in the order or warrant, or an electronically or
electromagnetically transmitted facsimile thereof.

(3) Nothing in this section shall be deemed to limit the right, power, or
privilege of the state of Colorado to hold, try, and punish any person demanded by
another state for any crime committed in the state of Colorado before delivering
such person to the demanding state.

Legislative History

Source: L. 93: Entire section added, p. 1729, � 10, effective July 1.