§ 16-3-105 — Release by arresting authority

(1) When a person has been
arrested without a warrant, he may be released by the arresting authority on its own
authority if:

(a) The arresting officer or a responsible command officer of the arresting
authority is satisfied that there are no adequate grounds for criminal complaint
against the person arrested; or

(b) The offense for which the person was arrested and is being held is a
misdemeanor or petty offense and the arresting officer or a responsible command
officer of the arresting authority is satisfied that the person arrested will obey a
summons commanding his appearance at a later date.

(1.5) No person arrested for any crime or offense, the underlying factual
basis of which includes an act of domestic violence as defined in section 18-6-800.3
(1), C.R.S., shall be released at the scene of the alleged crime pursuant to
subsection (1) of this section.

(2) If the person is released in accordance with subsection (1)(b) of this
section, he shall be given a summons and complaint as provided for in sections 16-2-104 and 16-2-106 and shall sign a written acknowledgment of its receipt and a
promise to appear at the time and place specified.

Legislative History

Source: L. 72: R&RE, p. 199, � 1. C.R.S. 1963: � 39-3-105. L. 94: (1.5) added, p. 2034, � 12, effective July 1.