Prior waiver of extradition.

  1. Law
  2. Colorado Revised Statutes
  3. Criminal Proceedings
  4. Fugitives and Extradition
  5. Prior waiver of extradition.

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(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:

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

  2. A certified copy of an order or warrant from the demanding state directing the returnof 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

  3. A photograph, fingerprints, or other evidence which identifies the person held by thelaw 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.

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


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