(1)Officers, warrant officers, and
enlisted members of the military forces may be placed in arrest by their military
superiors upon reasonable belief that an offense in violation of this code has been
committed and that the person apprehended committed such offense. An enlisted
member may be ordered into arrest or confinement by any commissioned officer by
an order, oral or written, delivered in person or through other persons subject to this
code or through any person authorized by this code to apprehend persons. A
commanding officer may authorize warrant officers or noncommissioned officers to
order enlisted members subject to his or her authority into arrest or confinement. A
commissioned officer or warrant officer may be ordered apprehended or into arrest
or confinement only
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(1) Officers, warrant officers, and
enlisted members of the military forces may be placed in arrest by their military
superiors upon reasonable belief that an offense in violation of this code has been
committed and that the person apprehended committed such offense. An enlisted
member may be ordered into arrest or confinement by any commissioned officer by
an order, oral or written, delivered in person or through other persons subject to this
code or through any person authorized by this code to apprehend persons. A
commanding officer may authorize warrant officers or noncommissioned officers to
order enlisted members subject to his or her authority into arrest or confinement. A
commissioned officer or warrant officer may be ordered apprehended or into arrest
or confinement only by a commanding officer to whose authority he or she is
subject, by an order, oral or written, delivered in person or by another commissioned
officer. The authority to order such persons apprehended or into arrest or
confinement may not be delegated. No person may be ordered apprehended or into
arrest or confinement except for probable cause. This section does not limit the
authority of persons authorized to apprehend offenders to secure the custody of an
alleged offender until proper authority may be notified.
(2) If any member of the military forces fails or refuses to report to his or her
appointed place of duty, his or her commanding officer is authorized to arrest or
cause to be arrested such member and have him or her brought before the
commanding officer at his or her unit or organization headquarters, whether such
headquarters be located within or without the borders of the state. After such an
arrest, the commanding officer is authorized to transport such member to his or her
appointed place of duty, whether within or without the borders of the state. If
military personnel are not available for the purpose of making the arrest, or if the
commanding officer deems it advisable, he or she may issue a warrant to any peace
officer authorized to serve warrants of arrest under state criminal law, and such
peace officer is authorized and required to serve such warrant in the same manner
as other warrants of arrest and make return thereof to the commanding officer
issuing the warrant.
(3) If the commanding officer issuing the warrant is unavailable to receive
the person arrested, the arresting officer shall take the person before a county
court judge in the state. The judge may admit the person arrested to bail by bond,
with sufficient sureties and in such sum as he or she deems proper, conditioned
upon the person arrested appearing before said judge at a time specified in such
bond for his or her surrender to the commanding officer issuing the warrant or to
his or her representative. If the person arrested is unable to post bail, he or she shall
be committed by the judge to the county jail for a period of time not to exceed three
days to await surrender to the commanding officer issuing the warrant or to his or
her representative.
(4) Warrants of arrest issued pursuant to this section shall be in the
following form:
STATE OF ________________________)
) ss.
COUNTY OF ______________________)
To the (Sheriff), (Constable), (Chief of Police) of (Or the name and
rank of the officer, First Sergeant, or N.C.O. ordered to make the arrest) of
County :
(name of individual to be arrested, rank, serial number)
a member of _________________, Colorado National Guard, having failed or refused
(unit designation)
to report to his or her appointed place of duty at __________________, you are
therefore commanded forthwith to arrest the above named
_________________________
(name of individual to be arrested)
and bring him or her before me at .
(unit headquarters)
The arrest is authorized to be made either during the day or at night. Dated at
____________, this ________ day of ______________, 20__.
/s/____________________________
(Type signer's name, rank, branch,
organization, and designation as
commanding officer)
(5) The fees and mileage allowed for the service of warrants of arrest issued
pursuant to this section shall be the same as provided by law for the service of
criminal process and shall be paid out of funds appropriated to the office of the
adjutant general upon proper application therefor.