§ 16-4-302 — Arrest of person illegally in state

(1) If a person who has been
charged with crime in another state and released from custody prior to final
judgment, including the final disposition of any appeal, is alleged to have violated
the terms and conditions of his release, and is present in this state, a designated
agent of the court, judge, or magistrate who authorized the release may request the
issuance of a warrant for the arrest of the person and an order authorizing his
return to the demanding court, judge, or magistrate. Before the warrant is issued,
the designated agent shall file with the judge of a court of record of this state the
following documents:

(a) An affidavit stating the name and whereabouts of the person whose
return is sought, the crime with which the person was charged, the time and place
of the crime charged, and the status of the proceedings against him; and

(b) A certified copy of the order or other document specifying the terms and
conditions under which the person was released from custody; and

(c) A certified copy of an order of the demanding judge, court, or magistrate
stating the manner in which the terms and conditions of the release have been
violated and designating the affiant its agent for seeking the return of the person.

(2) Upon initially determining that the affiant is a designated agent of the
demanding judge, court, or magistrate, and that there is probable cause for
believing that the person whose return is sought has violated the terms and
conditions of his release, the judge of this state shall issue a warrant to a peace
officer of this state for the person's arrest.

(3) The judge of this state shall notify the district attorney of his action and
shall direct him to investigate the case and to ascertain the validity of the affidavits
and documents required by subsection (1) of this section and the identity and
authority of the affiant.

Legislative History

Source: L. 72: R&RE, p. 211, � 1. C.R.S. 1963: � 39-4-301.